What is the difference between legislature, executive and judiciary? - VISION

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Friday, March 27, 2020

What is the difference between legislature, executive and judiciary?

The modern democratic setup is nowadays is generally based on the concept of the “Doctrine of Separation of Powers”. Earlier all the powers were vested in only one authority, i.e the King. Concentration of all the powers in one particular authority led to abuse of power as the decision taken by the authority was whimsical and arbitrary on several occasions. A french lawyer and Political thinker Montesquieu proposed the “Doctrine of Separation of Powers” in his book “ De l'esprit des lois” also known as the “Spirit of Laws”. This theory suggested formation of three separate authorities for separate functions.

  • Legislature to Legislate,
  • Executive to implement,
  • Judiciary to adjudicate,
Therefore, every ideal democratic state has three basic organs. The Legislature, the Executive and the Judiciary.
The Legislature: It is the law and policy making body. Generally, new laws or policies are introduced in the Parliament/ State Legislature in the form of Bills. These Bills once passed by the Legislature are sent to the President for assent. Once the passed bill gets the assent of the President, it becomes the law or the policy comes into effect. Parliament or the State Legislature are the forms of “Legislature”.
The Executive: The executive is responsible for the effective implementation of the laws/ policies passed by the Legislature. The President, Vice- President along with the Council of Ministers and the Attorney General form the Executive branch of the at Center, whereas Governor is the Executive at the State level along with the council of Ministers.
The Bureaucrats and civil servants are also parts of the executive as they are responsible for effective implementation of the law and policies at local level.
The Judiciary: It is the most important feature of democracy. It is responsible for safeguarding the interests and the fundamental rights of the people. Judiciary consists of the Hon’ble Supreme Court, Hon’ble High Court and other lower courts. Judiciary keeps a tab on the activities of the government and plays an important role in the event of violation of Fundamental Rights of the people of the country. Judiciary also has the authority to examine the validity of the Laws enacted by the Parliament on the constitutional parameters.