Q1. [Q.1] Consider the following statements about the concept of Separation of Powers:
- The concept of Separation of Powers was first introduced by Montesquieu in ‘The Spirit of the Laws’.
- It implies that the same person should hold the office of the Executive, the Legislature, and the Judiciary to ensure efficiency.
- The principle of Separation of Powers is explicitly mentioned in the Constitution of India.
- It aims to prevent the abuse of power by dividing governmental responsibilities into distinct branches.
Which of the statements given above are correct?
Answer: A [[A] 1 and 4 only]
Explanation: Statement 1 is correct: The concept of Separation of Powers was first systematically introduced by Montesquieu in his book ‘The Spirit of the Laws’ (1748). He advocated for dividing the powers of government among three distinct branches—Legislature, Executive, and Judiciary—to prevent concentration of power and ensure liberty.
Statement 2 is incorrect: The concept does not suggest that the same person should hold all three offices. On the contrary, it advocates for separating these functions among different bodies or persons to ensure checks and balances and prevent misuse of power.
Statement 3 is incorrect: The Constitution of India does not explicitly mention the doctrine of Separation of Powers. However, it is implicitly embedded in the constitutional framework (e.g., Articles 50, 121, 122, 211, 212, etc.) and upheld by judicial interpretation.
Statement 4 is correct: The primary aim of the doctrine is to prevent the abuse of power by dividing responsibilities and authority into distinct branches, each acting as a check on the others.