Fusion and Separation of power

The most important aspect of the separation of powers is the way in which the organs of
the state act to restrain each other and prevent the other institutions from exceeding
their powers which means E(executive) L(legislature) J(judiciary) should be clearly de-
marcated from each other that means they should be independent from each other to
avoid abuse of power and tyranny. However, over concentration of power leads to a
deadlock and as Barren Montesquieu said “power corrupts absolute power corrupts ab-
solutely. In Pakistan Prime Minister is Executive and he has been the most powerful
person in the country whether it is a military rule or civilian government all concentrated
power in one man’s hand- the executive.The members of the judiciary are appointed by
the executive branch, which also has the power to pardon. Basically separation of
power is designed to transfer some authority from executive branch to protect the liberty
of the individuals. The legislature is the law making body and can also change the laws.
In Pakistan legislature body is elected and they sit in assembly. In a genuine
democracies like Pakistan, the legislature provides an opportunity to the people to be
represented in the political system and through this representation, the over all political
process draws legitimacy. In Montesquieu’s concept of separation of powers there are
essentially two pillars of government – the executive and the legislature. Montesquieu
considers judicial power as something that rests on the jury, whose members are drawn
from the population and return to their routine life, once their work is done. So according
to Montesquieu, judicial power in a manner of speaking is invisible and even non-exis-
tent. In a government, Judiciary plays a vital role it protects the liberty and rights of an
individual and it enforces laws made by executive and legislature. Judiciary cannot
change the law but it can interpret any law to change socio-economic and political con-
ditions. In any constitutional democracy, the powers of the government are divided, so
that the legislature makes the laws, the executive implements them and runs the day-to-
day administration, while the judiciary interprets the laws and operates independently.
Pakistan’s founding father declared that the country would have a parliamentary form of
government, but at various times in the country’s history executive power has either
been vested in the office of the head of state or the head of government. The 1973 con-
stitution and the 13th, 14th and 18th amendments to it, empowered the prime minister
whereas the 8th and 17th amendments shifted executive power to the president. Thus,
the seesaw between presidential and parliamentary forms of government has compli-
cated the situation regarding the separation of powers. In a purely parliamentary form of
government, the prime minister and his cabinet ministers form the executive, but if in a
parliamentary system, the president is the chief executive, then it undermines the legis-
lators’ power to keep a check on the executive.
If there would be fu-
sion of Executive, Legislature and Judiciary they would overlap and could interfere in
each other”s matters which will lead to a deadlock and political chaos. There would be
political instability and ministers will get extra power which means they can go ultravires
and there will be tyranny. However, to stop all this from happening we should ensure
separation of power and system of checks and balances.