Context: Recently, Central government has filed a counter-affidavit before the Supreme Court defending the constitutional validity of the recently passed Tribunals Reforms Act 2021. 

• The affidavit has been filed responding to the writ petition filed by Madras Bar Association, which has argued that the Act is unconstitutional for violating the directions issued by the Supreme Court in previous judgments.

Background

• In July 2021, the Supreme Court of India had struck down the old provisions for administration of tribunals relating to tenure and some other service conditions.
• However, the Central Government brought back the very same provisions for administration of tribunals in the 2021 Tribunal Reforms Act, which were struck down in July.
• The SC in September expressed its dissatisfaction over Central Government for the move, terming it as an overrule the court’s judgment.
• In response, the Union government has argued that the top court is violating the constitutionally mandated separation of powers provision, by quashing the laws already passed by the Parliament.

Separation of powers

• The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial.
• These tasks are assigned to different institutions in such a way that each of them can check the others.
• As a result, no one institution can become so powerful in a democracy as to destroy this system.

The theory of separation of powers signifies mainly three formulations of Governmental powers

• The same person should not form part of more than one of the three organs of the state.
• One organ should not interfere with any other organ of the state.
• One organ should not exercise the functions assigned to any other organ.

India follows constitutional democracy which offers a clear separation of powers.

• Judiciary is independent of the other two branches with the power to interpret the constitution. 
• Parliament has the legislative powers.
• Executive powers are vested in the President who is advised by the Union Council of Ministers headed by the Prime Minister.

All three branches have "checks and balances" over each other to maintain the balance of power and not to exceed the constitutional limits.