(7) Electorate. The programme of the All-Union Communist Party rejects the bourgeois principle of separation of powers”. This is so because the people have been given fundamental rights through the constitution and judiciary is independent. The monarch combined in his person all the three powers. Online Test of Chapter 1 Power Sharing Test 2 Civics (Social Science S.St)| Class 10th Q.1. Dr. Finer is also of the same view, “The American Constitution was consciously and elaborately made an essay in Separation of Powers and is today the most important policy in the world which operates upon that principle”. This structure is a fundamental part of U.S. government where each branch of government has separate powers and responsibilities, independent of the other branches. Otherwise the entire efficiency of the administration will vanish. It has vertical separation of powers that include: regional parliaments, provincial councils and city councils. Simultaneously, in a society governed by rule of law, © FPS Foreign Affairs, Foreign Trade and Development Cooperation. For example, Bluntschli says that there are five organs of the government: (2) Arrangement and care of the physical interests. Modern writers like Good-now, Jenks and Powell are the supporters of two-fold division of the government. In U.S. A. too many Bills are prepared under the orders or the will of the President and they are introduced in the Congress by the members of his party. Separation of powers is a constitutional doctrine that harkens back to the days of Schoolhouse Rock and elementary school civics. Disclaimer Copyright. The idea of the welfare state had not gained popularity then. 1. Hence, there is no question of the separation of powers in England. What are the powers of Judicial Review of the Supreme Court? Soviet writer Vyashinsky writes, “From top to bottom the Soviet social order is permeated by the single general spirit of the oneness of authority of the tailors. Image Source: legalwriting.in/wp-content/uploads/2013/05/LAW.jpg. In France also in order to make the executive free from the control of judiciary, separate administrative courts were established. However, national and ethnic unity and oneness demand that all political powers be gathered in the hands of one leader”. He laid special emphasis on the freedom of judiciary and on the making of the legislature or the Parliament of his country powerful. In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity. For example, though the main job of the executive is to run the administration, yet it has a great contribution in the making of the laws, because it prepares the outlines of many Bills and gets them passed by the Parliament. (6) The theory will lead to inefficiency in Government: Mill in his book, “Representative Government”, writes, “If the principle of separation of powers is applied in its complete form disintegrating the realities, governmental machinery will come to a standstill”. Costa Rica has the typical three branches but added an electoral branch (Supreme Elections Tribunal) and an audit branch (Comptroller General). (5) All the Organs of the Government are not co-ordinate: The theory of the separation of powers has been recognised because of the fact that there are three organs of the government-executive, legislative and judicial-and all these organs are equal. But this is altogether wrong because the importance of the legislature has increased due to the emergency of democracy. Image Source: cecd04df9605b630ca29-1241d3348dac2d27e674997029412b55.r13.cf2.rackcdn.com/C1F6789B-09A7-4C72-9C68-2BB54991BA9C.jpg. If there is a complete separation of powers, there shall be many hindrances in the way of the government and its functioning will become impossible. Thus this theory is not desirable. The origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate. In the times of Montesquieu, there no separation of powers in England, but the people enjoyed freedom. A bipartite democratic system of government has two levels of separation of powers. The reason for the success of the Roman Constitution was the system of checks and balances.


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