Few Judiciary decisions which upheld the Separation of Powers Doctrine

  • Keshavananda Bharati Case (1973):In this case, the SC held that the amending power of the Parliament is subject to the basic features of the Constitution. So, any amendment violating the basic features will be declared unconstitutional.
  • Indira Gandhi Vs Raj Narain Case (1975): In this case, the SC held that the adjudication of a dispute is a judicial function and parliament cannot exercise this function.
  • Swaran Singh Case (1998): In this case, the SC held the UP Governor’s pardon of a convict unconstitutional.

In a democratic country goals are enshrined in the Constitution and the state machinery is then setup accordingly. And here it can be seen that constitutional provisions are made as such to support a parliamentary form of Government where the principle cannot be followed rigidly. The Supreme Court rulings also justify that the alternative system of checks and balances is the requirement, not the strict doctrine.

A constitutionalism, the philosophical concept of the constitution also insists on limitations being placed upon governmental power to secure basic freedoms of the individual. Hence, the conclusion drawn out of the study is that there is no strict separation of powers but the different branches of the government have been sufficiently differentiated.