Separation of Powers :
The Three Organs of the Constitution
viz :
1) The
Legislature
2) The
Executive
3) The
Judiciary
All
the three institutions derive their respective power from the constitution
itself because constitution has provided separation of powers for these three
institutions. The Power, Scope and Role of each organ are specifically
demarcated in the constitution is Supreme. These Three Organs not only derive
powers from the constitution, but exercise those powers within the framework of
the constitution. They cannot overlap from such framework while exercising
their respective powers.
The
doctrine separation of powers is the very important salient feature of the
constitution. Among the Three Institutions, one is not superior to the other,
and one will not control the other, in any manner. But, the expectation of the
frames of the constitution is the harmonious working of these Three Organs
collectively towards the realisation of objects enunciated in the constitution.
In case of legislature, a stigma is imposed on it, that the legislature cannot
legislate a statute or a law which is beyond its powers. It cannot encroach
into the powers of the other two organs.
Or if the legislature attempts or
makes a breach of Fundamental Rights or attempts to alter and change the basic
features of neither the constitution nor the legislature assumes the role of
the often two organs, in the above instances, even though the legislature have
powers to legislate, it will be declared as unconstitutional, ultra vies its
powers, void and ultimately that piece of legislation, as passed by the
legislature, will be declared as Null and Void by the Constitutional Courts in
India. There-fore, the scope of powers of legislature are very limited and an
embargo is imposed on its powers by the constitution itself. On the other hand
the Judiciary has got powers to review.
The law passed by the legislature is
scrutinized, its tenor and vigour. Whether it is within the framework of the
constitution or whether it is violative of powers of the legislature so
conferred on it, and in any such event, the law passed by the legislature will
be declared by the Judiciary as unconstitutional ultra wires the powers. If the
legislation is found as colourable, it will also be declared as by such under
judicial review.
Regarding the other organs the
executive is concern, its powers are limited to and subjected to permissible
limits/imposed by the constitution. The action of the Executive can be
attributed as mole-fide., with an ulterior motive, bias, corruption and
arbitrary.
Such actions of the Executive powers
are questioned by the Judiciary. And any infraction of law, violation of
fundamental rights in derogation of Directive Principles of State Power. Then the
action can be declared as Null and Void, and the same shall not be enforced or
implemented.
The checks on Judiciary are also
imposed by the constitution. The basic power and function of the Judiciary is
the Review of the action of the legislature and the Executive. Judiciary is the
Vanguard for the Fundamental Rights, assumed to the people / citizens of the
country under chapter III. It is also other important function of Judiciary,
that the International Agreements Treaties, Bi-lateral Covenants and Resolutions
of the United Nations, shall be carried out in India by the government in its
letter and spirit. But the frames of the constitution did not envisage any
superior powers on the Judiciary over the other two organs. But viewed it as a
nightmare / guardian custodian in safeguarding the analysis, the three organs
are the creatures of the constitution and as such they owe elegance to the
constitution. But however, an independent Judiciary is the indispensible
requisite of a free society under the principles of Rule of Law.
Posts
0 comments:
Post a Comment