Data Structure
Networking
RDBMS
Operating System
Java
MS Excel
iOS
HTML
CSS
Android
Python
C Programming
C++
C#
MongoDB
MySQL
Javascript
PHP
Physics
Chemistry
Biology
Mathematics
English
Economics
Psychology
Social Studies
Fashion Studies
Legal Studies
- Selected Reading
- UPSC IAS Exams Notes
- Developer's Best Practices
- Questions and Answers
- Effective Resume Writing
- HR Interview Questions
- Computer Glossary
- Who is Who
Difference Between Division of Powers and Separation of Powers
The concepts of division of powers and separation of powers are essential constituents of modern democracies. These two concepts have dominated the political theories for centuries and have played an influential role in the distribution of political powers in states. Furthermore, though both the ideas seem similar to each other, there is a definite difference between the two which makes them absolutely different from each other.
What is the meaning of Division of Powers?
Division of Powers implies distribution of powers between different levels of government. The powers are divided between the Union and the State governments so that both can work in their respective spheres. The demarcation includes division of different types of powers, territorial jurisdictions and subject-matter spheres as well.
There is a definite division of powers in India as enshrined in the Indian Constitution in its various provisions which provides that the Union (Parliament) can make laws on the subjects enumerated in List – I of VII Schedule for the entire territory of India, while the State Legislatures can make laws on the subjects enumerated in List – II of VII Schedule for their respective territory. Further, they both can make laws on the subjects enumerated in List – III of VII Schedule within their respective territories.
Moreover, there is a third tier of government as well which is known as the local self-government as it includes the Panchayats and Municipalities operating on local levels.
What is the meaning of Separation of Powers?
Separation of Powers is a political concept which demonstrates that there should be separation of powers between different parts of the government. It means that the powers of the legislature, executive and judiciary must be distinct and separate from each other to maintain rule of law and to protect liberties of individuals as concentration of powers in one authority tends to be abused arbitrarily.
Further, the Indian Constitution provides a moderate demarcation of powers between the different wings of government as it remarks that Legislature would primarily deal with law-making; the executive would work in the implementation of law; and the judiciary is tasked with the interpretation of laws. However, there is no concrete distinction between their powers and functions because of overlapping of functions in the performance of their primary tasks.
Differentiation between Division of Powers and Separation of Powers
The following are the differences between the two −
Factors |
Division of Powers |
Separation of Powers |
|---|---|---|
Definition |
Division of powers among different levels of government such as central and state governments. |
Separation of powers among different organs of government including legislature, executive and judiciary. |
Objective |
To ensure the effective and smooth functioning of administration. |
To secure individual liberty and to prevent concentration of power. |
Criterion |
The powers must be exercised in a manner that represents the interests of that particular territory and complements the needs of local people. |
The powers must be exercised in such a manner that ensure effective functioning of the primary duties and there is no interference by them in each other’s work. |
Branches |
Powers are divided between similar branches but on different levels. |
Powers are divided between different branches on one level. |
Constitutional Provisions |
Parts - IX, IX-A, and XI, and Schedules - VII, XI, and XII |
Parts – V and VI. |
Overlapping |
The different governments cannot directly repeal the actions of each other but can make their own statutes which would override the previously existing laws. |
The judiciary can declare executive actions and legislative enactments void if their specified conduct violates constitutional provisions. Although, the legislature can also make judicial pronouncements ineffective by making laws to the contrary. |
Overriding Powers |
The Constitution provides certain circumstances when the different governments, especially the Parliament, can exercise the powers which are conferred on the state governments. |
The Constitution prohibits the intervention of different branches of government in each other’s spheres and mandates the independent working of all of them while complementing each other for general welfare. |
Conclusion
There is a sharp difference between the ideas of division of power and separation of power as they both have different objectives and also operate in diverse spheres. Although both are essential for any political system of the contemporary times especially as they structure the internal and external functionalities and institutions of a nation.
Similarly, both are intertwined as division of powers differentiates governments at Union and State levels, likewise the separation of powers divides the Union and state governments in different branches. Hence, both underline the objectives that powers should not be centralized neither in one branch nor on one level. Hence, the ultimate aim is to ensure effective functioning of government and administration for achieving the constitutional purposes.
Frequently Asked Questions
Who propounded the theory of separation of powers and why?
Montesquieu, the French scholar, is known for developing the theory of separation of powers because he believed that when the government is divided among itself then individual liberty can be secured at its best.
Which judgment of the Supreme Court made Judicial Review part of Basic Structure Doctrine?
In the case of L. Chandra Kumar v. Union of India, 1997 the Supreme Court held that Judicial Review is essential for Rule of Law, thus, all the executive and legislative actions would be subject to judicial scrutiny.
198 Views
