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What are the three organs of government?
The three organs and their work
Legislature
makes laws
Executive
implements laws
Judiciary
interprets laws
↓
No single organ does everything
Organ
Example
Legislature
Parliament, State legislature, Local bodies
Executive
Council of ministers headed by the Prime Minister; enforcement agencies
Judiciary
Courts
What is Separation of Powers?
- The work of government is divided among these three organs .
- Each organ has its own distinct responsibilities .
- No single organ does everything.
- This enables democratic institutions to function effectively and responsibly .
How is separation of powers done in different organs?
| Organ | Work | Meaning |
|---|---|---|
| Legislature | Makes laws | Writes and passes new laws |
| Executive | Implements laws | Puts those laws into action on the ground |
| Judiciary | Interprets laws | Decides what a law means and whether it fits the Constitution |
Why is Separation of Powers needed?
- It prevents the concentration of power in any one organ.
- It is essential for maintaining checks and balances among the three organs.
How are checks and balances maintained among different organs of government?
Separation of Powers
three organs, separate work
Legislature
Makes laws
Frames laws and rules that regulate the executive
Example:
Parliament, State legislature, Local bodies
Executive
Implements laws
Its actions can be reviewed by competent courts
Example:
Council of ministers headed by the Prime Minister
Judiciary
Interprets laws
Reviews amendments; can declare a law unconstitutional
Example:
Courts
What is the role of the Judiciary?
What the judiciary does
Upholds the Constitution
Protects democratic values
and rights of all sections
Checks laws
made by Parliament and Assemblies
↓
Impartial and independent
- It upholds the Constitution .
- It protects and promotes democratic values and the rights of all sections of society .
- It ensures laws made by Parliament and State Legislative Assemblies are in accordance with the Constitution.
- It is impartial and independent , so it can safeguard citizens' rights and uphold the spirit of the Constitution without pressure.
What initiatives has the Judiciary taken?
- The judiciary has taken important initiatives from time to time, such as Public Interest Litigation (PIL) .
- Meaning: a legal action initiated in a court of law for the enforcement of public interest .
- Public interest means the good of the people at large, not one person's private case.
- Purpose: to ensure access to justice for all .
- Example: normally only the affected person can go to court.
- Under PIL, a citizen or group can go to court for people who cannot.
- For instance, they may ask a court to act on a polluted water source used by a whole village.
- The case is filed for the public, not for personal gain.
Think About It
What would happen if the same organ of the government made laws, implemented them, and enforced them?
- All power would be concentrated in one organ - exactly what separation of powers prevents.
- That organ could make a law to suit itself, and there would be no one to review it .
- If it acted wrongly, there would be no independent court to declare it unconstitutional.
- Checks and balances would disappear , and misuse of power would go unchecked.
- Citizens would have nowhere to go to defend their rights.
- The system would stop being a democracy, even if elections still took place.
1. Name the three organs of government and the work of each.
Show answer
Legislature - makes laws. Executive - implements laws. Judiciary - interprets laws.
2. What does Separation of Powers prevent?
Show answer
The concentration of power in any one organ of government.
3. What can the judiciary do if a law is inconsistent with the Constitution?
Show answer
Declare it unconstitutional.
4. Give two qualities of the judiciary named in the chapter.
Show answer
It is impartial and independent.
5. What is Public Interest Litigation?
Show answer
A legal action initiated in a court of law for the enforcement of public interest, taken up to ensure access to justice for all.
