Many people or law students think that there should be a complete separation of power between the three organs of the government. So that there is no chance of intervention by one organ in the work of another organ.
But if you are also thinking like them then you are wrong. Because if there is a complete separation of power then every organ of the government does whatever it likes. And there is the possibility of power conflict between organs of the government.
Then there will be not any person or institution to check the activities of each other. That's why everyone is taught the doctrine of checks and balances along with the theory of separation of power to make clear that complete separation of power is not possible nor desirable.
To understand clearly whether the complete separation of power is possible or not, first, we have to understand what is separation of power is and the doctrine of check and balance. I have discussed it below:-
Separation of Power:- Separation of Power means a division of power of state power between three organs of the government. These three organs of the government are the legislative, executive, and judiciary.
The state has many functions to do which are divided into three categories i.e. law-making, policy-making, implementation, and adjudication or interpretation of the law. These three functions are carried out by the three organs of the government i.e. legislature, executive, and judiciary respectively.
Check and Balance:- Check and Balance is the concept in which three organs of the government are interlinked in such a way that one organ of the government checks and balances the power of other organs.
It means when any organ among three organs does anything which is not under its jurisdiction and law has not given the power to do so then other organs check whether that organ has the power to do so or not.
If the work of one organ is found illegal by other organs then other organs stop and warn that organ to do so. By following the principle of checks and balances, the government is prevented from being autocratic and dictatorship.
Now I hope you have been cleared that if there is complete separation is not possible. Did you know what is complete separation of power is? If not then let me tell you what is complete separation of power.
Complete Separation of Power is a condition in which each and every organ of the government is supreme over their jurisdictions. They can do anything under their jurisdictions. Complete Separation of Power means lacking the feature of doctrine of check and balance.
Check and Balance stop one organ from doing something that is not under their jurisdiction and also ask for rights or jurisdictions. The doctrine of check and Balance prevents from doing unnecessary activities and works by any organ.
In Conclusion, when there is a complete separation of power then if any organ does any activities that are not under its jurisdiction no other organ can ask questions to that organ. Another organ cannot stop another organ from doing such activities.
It means one organ lacks the power to stop another organ if they do anything. But they enjoy full freedom of doing whatever they like because they are not interlinked with each other.
Lastly, we can say that the theory of separation of power and the doctrine of check and balance and the above explanations make clear that complete separation of power is neither possible nor desirable.
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