Separation of Powers: Constitutional Plan and Practice

The present Article is an attempt to analyze the scheme of Separation of Powers as envisaged under the Indian Constitution and the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution in letter and spirit. The author also draws a comparative analysis with the American Constitution scheme of Separation of Powers. Throughout the course of the paper various foreign and Indian cases have been discussed wherein the Courts have recognized that there is no clear straightjacket formula to determine separation of powers. Given the complexity of the democracies all over the world, overlap in jurisdiction is bound to arise. However, each wing of the government must keep an internal check to ensure they do not end up violating the rights of the people. The Hon’ble Supreme Court of India has recognized that Separation of Powers is a part of the basic structure of the Indian Constitution. It is in this context, that the author felt the need to examine the ‘Constitutional Plan and Practice with respect to Separation of Powers in India’.