Why is it important to ensure separation of powers between various organs of the State? Also, explain the model of separation of power with relevant provisions in the constitution.

Idea of 'Separation of Power' was outlined by Montesquieu to prevent concentration of power with any organ of state. Importance - To Ensure Separation of Power: (1) To ensure Rule of law Ie No organ of state is above law (2) Idea of limited government based on constitutionality (3) To prevent tyranny of elected government (4) To ensure safeguard against misuse of power and to protect liberty and freedom of citizen (5) Preventing Authoritarianism and majoritarianism (6) Ensure domain of specialization - for each organ of state - legislature → lawmaking, executive → implementation

Judicial Appointment Impeachment - Support Majority, Quorum, Etc. Legislature → Executive → Judiciary (Dissolution, Judicial Review) Legislature - Prime role lawmaking: - Article 245 subject on which parliament can legislate Checks and Balance: i Through dissolution of locksmith by executives when parliament doesn't Reflect will of people. ii Ordinary power - A 1(2)3, 218 iii Judiciary role - Null and Void Under Article 13 - When laws inconsistent with Fundamental Right (Article 13) + Writ petition (Article 32 and 226) Executive to Implement laws and formulate policies delegated legislation - checks by other organ - legislature → No conclusive notion and Removal of government in power → Question Hour ensuring responsibility. Judiciary by Judicial Review and Basis structure doctrine - Judiciary's role to Protect Constitution and Validate constitutionality of law Checks and Balance - Legislature - Removal of judge and by increasing powers of court - Executive - Judicial appointment and Article 350 Separation of executive and judiciary The above checks and balance ensure equitable distribution of power among various organs preventing concentration of power.

— MUTHUARASI M · AIR 225