The principle that the powers of government should be divided among the legislature, executive and judiciary so that no single organ becomes all-powerful; in India it exists in a flexible form with checks and balances.
The idea goes back to ancient thinkers, but its modern form comes from the French philosopher Montesquieu, who argued in "The Spirit of the Laws" (1748) that liberty is in danger when the same person or body makes laws, executes them and judges disputes. The framers of the US Constitution adopted a strict version, giving Congress, the President and the courts separate powers and building in checks such as the presidential veto and judicial review.
India chose a parliamentary system, in which the executive comes from and is responsible to the legislature, so a strict separation was never possible. The Supreme Court in Ram Jawaya Kapur (1955) said the Constitution does not recognise rigid separation but has differentiated the functions of each organ. Later, in Kesavananda Bharati (1973) and Indira Gandhi v. Raj Narain (1975), separation of powers was recognised as part of the basic structure.
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