Home » Languages » English (Sr. Secondary) » English Essay, Paragraph, Speech on “Executive Judiciary Legislature The Three Pillar” Complete Essay for Class 10, 12 and Graduate Students Exam.

English Essay, Paragraph, Speech on “Executive Judiciary Legislature The Three Pillar” Complete Essay for Class 10, 12 and Graduate Students Exam.

Executive Judiciary Legislature The Three Pillar

The nature of power is such that it tends to corrupt even the most virtuous and honest men. Hence, in the interest of society and to maintain a balance there is a worldwide concurrence on the view that every power conferred on a person should have limits and balances. The protection of this vice in a governmental setup is through the division of power vested in the government. A government represents and expresses the will of its people through its decision-making abilities. However, the exercise of power is not to be done by a sole person or a single organ of the state. Broadly classified the organs of the government are referred to as the legislature, executive, and the judiciary. Each organ of the government has an allocated function. The allocation is usually under the mandate of the constitution of the particular country However, even though the powers and functions of each organ of the government are laid down in writing under the law a strict demarcation and separation of the powers have not been possible. The powers of each of the organs cannot be separated in water-tight compartments given the complex working of the modern-day governments. It has become almost an inevitable reality that each organ of the government even though acting within its sanctioned sphere of powers at times encroaches on the power of the other organs during the course of the working of the government. The executive increasingly performing Legislative functions in the form of delegated legislation and judicial functions in the various tribunals is the most visible example of de-segregation of separation of powers to meet the demands of the modern-day economy. Another common example of this is the debate of judicial activism. A certain section of scholars believes that the judiciary while interpreting the law inevitably makes the law as well and this is perfectly within its powers. Judiciary needs to be given a certain Leeway in incorporating certain elements into the law which are not clearly provided for in the statute. This is necessary to do complete justice in the disputes that present themselves before the judges. This school of thought puts forward the argument that a mere interpretation of the law is not possible unless the judiciary has the flexibility to incorporate new elements into the written law to meet the changing needs of society. However, another set of scholars believe that the task of the judiciary is only to interpret the law and not to make it, and any attempt on the part of the judiciary to indulge in going beyond the letter of the law would be an encroachment on the power of the legislature. The debate surrounding the separation of powers is thus taking an interesting turn with views being divided on the need to preserve the age-old tradition of complete separation of powers and the opposite set of views which sanction a dilution of the doctrine to allow flexibility to each organ. The question which is to be answered is whether a strict separation of powers is possible and is not what is the extent to which the powers should be divided and segregated so that there is no tension between the three organs of the state. In other words, what should be the relationship among the three organs of the state in order to avoid friction amongst the organs of the state and help the state in functioning like well-oiled machinery? What should be the nature of the separation of powers and what should be the manner of coordination amongst them? An analysis into these three organs and the relations between them is to be done highlighting the importance and the function of each organ within the governmental setup and the importance of the separation of powers. The rationale behind the division of powers between the various organs needs to be examined and the changing role of the government becoming welfare and paternalistic state needs to be analyzed to determine the efficacy of the doctrine of separation of powers.

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