write a brief note on separation of powers.
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What is ‘Separation of Powers’?
Purpose of the Separation
The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties.
Meaning of Separation of Powers
Separation of powers divides the mechanism of governance into three branches i.e. Legislature, Executive and the Judiciary. Although different authors give different definitions, in general, we can frame three features of this doctrine.
- Each organ should have different persons in capacity, i.e., a person with a function in one organ should not be a part of another organ.
- One organ should not interfere in the functioning of the other organs.
- One organ should not exercise a function of another organ (they should stick to their mandate only).
Thus, these broad spheres are determined, but in a complex country like India there often arises conflict and transgression by one branch over the other.
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