'Trias politica'

This is apropos a Business Recorder editorial "Reckless attacks on bureaucracy" carried by the newspaper the other day. The newspaper had pointed out, inter alia, that "Separation of powers of the state is the linchpin of a functioning democracy. Compliance with it triggers dispersal of powers that is a prerequisite to preventing concentration of state powers into a few hands." In other words, the ideal of 'separation of powers' constitutes a principle or system of vesting in separate branches the executive, legislative and judicial powers of a government. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat baron de La Brede et de Montesquieu, an 18th century French philosopher. His book, Spirit of the Laws, is rated as one of the greatest works in the history of political theory and jurisprudence. In his celebrated work, Montesquieu argued, among other things, that these three powers - legislative, executive and judicial - must be separate and acting independently in order to promote liberty. His intent was to prevent concentration of power and provide for checks and balances.
In Pakistan, however, the situation appears to be quite different as the principle of "separation of powers" is yet to find its acceptance in letter and spirit. Efforts must therefore be made to ensure that these powers are kept separate to prevent abuse of power; and each branch is allowed to enjoy certain constitutional powers so as to check and balance the other branches. Supreme Court of Pakistan has been accused of abusing, albeit inadvertently, its power, although the apex court or higher judiciary derives, as repeatedly pointed out by Chief Justice Mian Saqib Nisar, its entire strength only from the Constitution. This point leads to a critical question: Do our legislators need to work towards removing aberrations or confusions, if any, from the Constitution? But they must not lose sight of the fact that while separation of powers is key to the workings of some governments in the West, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers as these powers are too interrelated to be neatly compartmentalized.