Separation of Powers
The Architecture of Governance
PART I — THE THEORY
TRIAS POLITICA
Strict Separation
- Montesquieu's classical model.
- Absolute isolation of branches.
- Prevents tyrannical concentration.
- Practiced in USA (Presidential).
THE REALITY
Indian Model (Functional)
- Not strict; it is functional.
- Exec sits *inside* Leg (Parliamentary).
- Ministers are MPs.
- Judiciary remains wholly independent.
PART II — MECHANICS
SYSTEM
Checks & Balances
- Leg -> Controls Exec (No-Confidence).
- Exec -> Appoints Judges.
- Jud -> Strikes unconstitutional Acts.
- Ensures mutual accountability.
ARTICLE 50 (DPSP)
The Directive Shield
- State shall take steps...
- ...to separate judiciary from executive.
- In public services of the State.
- Ensures impartial justice.
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