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Explain the meaning of power-separation and throw light on its advantages and disadvantages. |
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Answer» Meaning of power separation: Power – separation theory is based on the complete separation of power of the three organs of the government. The legislature should perform the function of law – making, the executive should perform the function of enforcing the law and the judiciary should dispense justice according to the spirit of the law. Each organ should limit its power to its own working field and work independently of the other two organs. This is called the power-separation theory. Advantages of Power – Separation Theory 1. Decentralization of power: Centralization of power gives birth to corruption and tyranny, while power-separation and independent working of the three different organs of the government brings in excellence and efficiency in working. 2. Check on arbitrary administration: The greatest advantage of power – separation is that the possibility of arbitrariness of the citizen government is minimized. 3. Protection of the citizens’ freedom: The power – separation principle prevents despotic rule and ensures the freedom of an individual. 4. Establishment of free and impartial judiciary: The theory of separation of power prevents the interference of the legislature and the executive in the working of the judiciary. In the absence of power-separation, the judiciary cannot be independent and impartial in its working. Disadvantages of the Power – Separation Theory : 1. Undemocratic: Due to the development of democracy, there has been an increase in the workload of the government and public expectations have also increased. The legislature expresses the public will and expectations. The independent working of the judiciary may disturb the planning of the legislature in bringing out good laws for the welfare of the people. 2. Possibility of confrontation among the three organs of the government: The power separation theory may create a confrontation among the three organs of the government. Their independent working could create unnecessary hindrance in the efficiency of administration. 3. Unscientific theory: No organ of human body can be separated from the whole body. In modern times, the various departments are interdependent. The integrated achievement of all the departments is the achievement of the government. 4. Power: Separation is not essential for ensuring individual freedom: Montesque’s assertion that power-separation is essential for individual’s freedom is not correct. An individual’s freedom does not depend on power separation. In parliamentary form of democracy, legislative and executive, while working together, can ensure an individual’s freedom. Making of good laws by legislature and implementation of good laws by the executive can protect an individual’s freedom and rights. |
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