Go through these RBSE Class 11 Political Science Notes Chapter 12 Separation of Powers and The Principle of Checks and Balances contain important concepts so that students can score better marks in the exam.
Rajasthan Board RBSE Class 11 Political Science Notes Chapter 12 Separation of Powers and The Principle of Checks and Balances
The Principle of Separation of Powers
- Power-Separation is an important concept of political science.
- With the passage of time, there was an increase in the functions of the state (country). There was need of law making, law enforcement and dispensing justice whenever a dispute arose. For these three main functions of the state, three chief organs of the government came into existence: (i) Legislature, (ii) Executive and (iii) Judiciary.
- The principle of Power – Separation is based on the segregation of the three organs of the government.
The meaning of Power-Separation
- The meaning of Power-Separation is that the legislature, the executive and the judiciary should function independently and they should not interfere in the functioning of one another.
- Power-Separation helps to control the autocracy of the executive.
Development of the Power-Separation principle
- The idea of power distribution in the state is very old. The famous Greek philosopher Aristotle had divided the government into three organs: (i) Advisory, (ii) Executive and (iii) Judiciary.
- The principle of Power-Separation was propounded by the French philosopher Jean Bodin in the sixteenth century. He is called the Father of Power-Separation principle.
- The true definition of the power separation principle was made by the French philosopher Montesque in his book “The Spirit of Laws”.
- In the Indian constitution, in place of the theory of Power-Separation, the theory of Power-Coordination has been adopted.
The utility of the Power-Separation Theory
- Decentralization of power.
- Check on autocratic administration.
- Protection of civil liberties.
- Best use of various plans.
- Establishment of a free and impartial judiciary.
Criticism of the Theory of “Separation of power”
- Confrontation among various organs of the government.
- Not necessary for freedom of the individual.
Power-Separation is neither possible nor desirable. In its place, the principle of checks and balances is more useful. In United States of America, the Power-Separation principle and principle of checks and balances is provided in the constitution.
- In parliamentary form of government, it is essential to keep a balance between the legislature and the executive.
- So, in place of Power-Separation princple, the theory of Check and Balance is more useful.
- Chief aim of the principle of checks and balances is to keep the three organs of the government – Legislature, Executive and Judiciary, within their dignified limits.
- In the U.S.A., each organ has been given some right of controlling one another, so that none of the three can adopt autocratic tendencies.
- In U.S.A., the Legislature has powers over the President in the following forms: (i) In impeachment, (ii) Approval of several appointments, (iii) Acceptance of agreement with other countries, (iv) Declaration of war and peace, (v) Passing the budget.
- The Executive has power to control the Legislature in the following ways: (i) Use of power of veto over the legislature, (ii) To send messages to the Congress, (iii) To call special session of the Congress.
- The Executive has controlling power over the judiciary in the following ways: (i) In appointment of the judges, (ii) In granting pardon to criminals, (iii) In granting final approval to the laws made by the judiciary.
- The judiciary has controlling power over the legislature and the executive in the following ways: (i) In defining and interpreting the laws made by the legislature, (ii) In examining legal validity of the functions done by the executive, and (iii) Judicial Review.
Separation of Powers and The Principle of Checks and Balances Notes Important Terms
→ Power-Separation: The principle of power separation means that the legislature, the executive and the judiciary work independently and they do not interfere in the working of one another.
→ Legislature: Power to make laws or law-making body.
→ Executive: Power to implement laws. Low executing body of the Government.
→ Justice: To encourage the just and desirable and to discourage the improper, is justice.
→ Senate: The upper house of the legislature of the U.S.A. (Congress) is called the senate.
→ Impeachment: It is a judicial procedure by which a public servant occupying the highest seat, for example, President of India, can be removed from his office due to violation of the constitution.
→ Veto Power: The special right to reject a resolution.
→ Aristotle: A famous Greek philosopher.
→ Jean Bodin: A French philosopher. He is known as the father of the principle of power-separation.
→ John Locke: A famous scholar of political science.