Governance in democracy can only be by executive, not Courts: Vice-President | Current Affairs | Vision IAS
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Governance in democracy can only be by executive, not Courts: Vice-President

Posted 04 Apr 2025

2 min read

Emphasizing upon the separation of power in a democracy, he remarked that it is the executive which is accountable to Parliament and the people in electionnot the courts.

Concept of Separation of Power

  • Associated with the French philosopher Montesquieu, it is a fundamental principle in governance which prevents the concentration of authority in a single entity or individual.
    • It divides governmental responsibilities into distinct branches, the legislature, executive, and judiciary.

Significance of Separation of Power in a Democracy

  • Prevents abuse of power to protect citizens from tyranny of state by dividing authority in more than one centre. E.g., Article 50 of Indian Constitution separates judiciary and executive.
  • It ensures checks and balances, limiting overreach and boosting accountability. E.g., Kesavananda Bharati case, where the Supreme Court limited Parliament’s power to amend the Constitution under the Basic Structure doctrine.
  • It upholds rule of law and liberty. E.g., an independent judiciary interprets laws fairly, reinforcing equality.

Separation of power in India

  • Unlike the strict separation under the Presidential system of the U.S., India allows functional overlap. E.g., under the parliamentary system of India the executive is drawn from the legislature.
  • Ensures independent working: E.g., under Articles 122 and 212, courts are prohibited to inquire into the proceedings of Parliament/State legislatures.
  • Pragmatic interdependence: E.g., judges of the Supreme Court and High Courts are appointed by the President.
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