The doctrine of separation of powers in India is followed in a way which lies somewhere between as followed in the US and UK. Comment.

The separation of powers refers to separate jurisdiction of executive, legislative and judiciary.

Separation of power in the US:

• Strict demarcation, no overlap.
• The executive is not responsible to the Legislature.
• The Executive is headed by the President, who himself appoints his staff from outside the government.

Separation of power in the UK:

• The UK has a unitary form of government.
• The executive is responsible to the Legislature.
• Due to no written constitution there lies an overlap between powers of legislative and executive.

Separation of power in India:

• In India the separation of power is limited in the sense that there are few grey areas.
• The executive is responsible to the Legislature (article 74).
• Dual membership of the parliamentarians.
• Absence of clear-cut demarcation of the role.
• Even the judiciary enjoys some legislative powers. E.g. Vishaka guidelines by judiciary.
• The executive enjoys some legislative power in the form of delegated legislation.
• The executive (permanent) enjoys some magisterial powers.
• There lies a zone of overlap between all three limbs in some form.

Although, such overlap is limited and the suppression of power concept is largely maintained.

• The Supreme Court in the Golaknath case accepted separation of power as basic features of the Constitution.
• Article 50 of the DPSP, encourages the government to maintain separation of powers between the executive and the judiciary.

Thus, separation of power in India is limited due to exceptions.