Relationship Between Executive, Judiciary & Legislature

  Sansad TV   Mar 7, 2025  Add to Reading List

The Three Pillars of Government in India

In India, the Constitution sets up a tripartite system of government to maintain a balance of power and prevent the concentration of authority. These three branches are the Legislature, Executive, and Judiciary.

1. Legislature

The Legislature is the law-making body responsible for drafting, altering, and repealing laws that govern the nation. It serves as the voice of the people, ensuring that their needs and concerns are reflected in national policies. The primary components of the Indian Legislature are:

  • Lok Sabha (House of the People): Comprised of directly elected representatives from across India, chosen through general elections.
  • Rajya Sabha (Council of States): This house includes members elected by state legislative assemblies and Union Territories, preserving the federal structure of the country.

The powers and responsibilities of Parliament are defined in Articles 79–123, establishing the operational boundaries within which it functions.

2. Executive

The Executive is responsible for the implementation of laws, formulating government policies, and managing the day-to-day functioning of the state. It plays a key role in upholding law and order, administering social programs, and enforcing the legislative framework.

  • Appointment of Key Officials: The President of India, the ceremonial head of the state, is elected by an electoral college consisting of Parliament members and state legislatures. The Prime Minister is chosen by the President, typically from the majority party in the Lok Sabha. The Prime Minister, along with the Cabinet, leads the government, guiding the country's executive functions.

    Key constitutional provisions govern appointments to the executive branch, ensuring efficient and unbiased governance. For example, the Union Public Service Commission (UPSC) conducts competitive exams to select civil servants for critical positions in the government, ensuring merit-based appointments.

3. Judiciary

The Judiciary safeguards the Constitution by interpreting laws and resolving disputes. It ensures that all government actions, whether legislative or executive, remain within the limits of constitutional authority.

At the top of the judicial hierarchy is the Supreme Court of India, followed by the High Courts at the state level and various lower courts. The Judiciary serves as a check on both the Executive and Legislature, ensuring that no action by either exceeds the constitutional framework.

  • Appointment of Judges: The President appoints judges based on recommendations from the Collegium System, a body made up of senior judges of the Supreme Court. This system is designed to maintain the independence of the Judiciary.

What is the Concept of Separation of Powers and Its Importance?

Separation of Powers is a foundational principle that ensures no single branch of government—Executive, Legislature, or Judiciary—holds absolute authority. It divides the functions of governance among these three branches to prevent the abuse of power and maintain democratic integrity.

Importance of Separation of Powers:

  1. Prevention of Abuse of Power: Dividing responsibilities helps prevent any one branch from becoming too powerful and encroaching on the functions of others. This reduces the potential for authoritarian rule.

  2. Checks and Balances: Each branch can act as a check on the other, ensuring no branch oversteps its constitutional authority. For instance, the Judiciary can strike down laws passed by the Legislature if they are deemed unconstitutional.

  3. Promotion of Efficiency: Specializing each branch in its designated function (law-making, law enforcement, and interpretation) leads to more effective governance and administration.

  4. Protection of Rights: An independent Judiciary is essential for protecting fundamental rights, ensuring that the Executive and Legislature do not infringe upon the freedoms and rights of citizens.

Constitutional Provisions:

The Indian Constitution enshrines the principle of separation of powers in several key provisions:

  • Article 50 mandates the separation of the Judiciary from the Executive.
  • Article 121 prohibits discussions of judicial conduct in Parliament, ensuring the independence of the Judiciary.
  • The Seventh Schedule of the Constitution defines the scope of legislative powers for both the Union and state legislatures, preserving federal balance.

Landmark Judicial Decisions:

In cases like S.R. Bommai v. Union of India (1994) and Kesavananda Bharati v. State of Kerala (1973), the Indian Supreme Court emphasized the necessity of separating powers and placed constitutional limits on both the Executive and Legislature to maintain checks and balances.

Interactions Among the Three Branches of Government

While the three branches are distinct, they interact and cooperate to maintain the functioning of the government and ensure public welfare.

Areas of Cooperation:

  1. Legislation and Execution: The Legislature drafts laws, and the Executive is responsible for implementing them. For example, the Goods and Services Tax (GST) was passed by Parliament and put into practice by the Executive.

  2. Judicial Oversight in Legislation: The Judiciary can guide legislative reforms through its judgments. A notable example is the Vishaka Guidelines (1997), which the Supreme Court issued to address workplace harassment, later forming the basis for the Sexual Harassment of Women at Workplace Act (2013).

  3. Collaboration During Emergencies: In crisis situations, such as the COVID-19 pandemic, all three branches work together to protect public health and rights. The Executive enforced lockdowns, while the Judiciary ensured that constitutional rights were upheld, and the Legislature passed relevant legislation.

Overlapping Powers:

  1. Legislature and Judiciary: The Legislature has the power to impeach judges for misconduct, ensuring judicial accountability. At the same time, the Judiciary can strike down laws that violate the Constitution.

  2. Legislature and Executive: The Legislature holds the Executive accountable, especially through mechanisms like no-confidence motions and parliamentary committees. It also scrutinizes executive policies, like the Public Accounts Committee (PAC), which audits government expenditure.

  3. Executive and Judiciary: The Executive, led by the President, appoints key judicial figures, such as the Chief Justice, and can influence judicial decisions through the power of pardons (under Articles 72 and 161). Additionally, the Executive may set up quasi-judicial bodies, impacting the Judiciary's role.

  4. Executive and Legislature: The President can issue ordinances, which carry the force of law, when Parliament is not in session, providing the Executive temporary law-making powers. Additionally, the Executive may draft rules that supplement legislative laws, expanding administrative powers.

  5. Judiciary and Legislature: The Judiciary ensures that laws passed by the Legislature do not violate the Constitution, while also defending the "basic structure" of the Constitution, a landmark principle from the Kesavananda Bharati case.

Moving Forward: Strengthening the System

To enhance the balance of power and ensure efficient governance, several reforms can be considered:

  1. Judicial Appointments: Reforms should aim to codify the Collegium System and bring transparency to judicial appointments. This will ensure timely appointments and maintain judicial independence.

  2. Clarifying Legislative Functions: Clear boundaries should be established between legislative functions and judicial review to avoid conflicts and ensure harmony among the branches.

  3. Oversight and Accountability: Strengthening bodies like the Comptroller and Auditor General (CAG) and Lokpal will enhance accountability in the Executive. Additionally, the Ordinance power should be curtailed to prevent overreach by the Executive.

  4. Public Participation: Institutionalizing public consultations in the legislative process will ensure greater transparency. Public participation through feedback on draft bills will empower citizens to have a say in the laws that govern them.

  5. Inter-Branch Collaboration: Regular dialogues and joint conferences between the Executive, Legislature, and Judiciary can resolve conflicts and promote a unified approach to governance.

  6. Digitalization of Government Functions: Modernizing legislative, executive, and judicial processes through digital tools will enhance transparency, accountability, and public access to information.

By strengthening the balance of power between the three branches, India can continue to uphold its democratic ideals and ensure good governance for all its citizens.