Examine the concept of separation of powers. How far it has been adopted in Indian Constitution ?

Concept of Separation of Powers and Its Adoption in the Indian Constitution:

Formulated by French philosopher Montesquieu, the doctrine mandates that the three organs of state—Legislature, Executive, and Judiciary—should exercise distinct powers without concentrating authority.

• Adoption in the Indian Constitution (Checks and Balances):
  • India does not follow a rigid separation (like the US presidential model), but rather a functional system of Checks and Balances.
  • Article 50 (DPSP): Directs the State to separate the Judiciary from the Executive in public services.
  • Executive & Legislature Overlap: In the Westminster parliamentary system, the Executive (Council of Ministers) is drawn directly from the Legislature and remains collectively responsible to the Lok Sabha (Art. 75(3)).
  • Judicial Independence & Review: Independent judiciary exercises Judicial Review (Arts. 13, 32, 226) to nullify unconstitutional legislative acts or arbitrary executive actions.
  • Basic Structure Doctrine: In the Kesavananda Bharati (1973) and Indira Gandhi (1975) cases, the Supreme Court declared Separation of Powers as an unamendable Part of the Basic Structure.