The concept of ‘Separation of Power’ means and includes segmentation of power among the state organs. For present day democracy, the concept is a fundamental tool for smooth running of the state. The state machinery is comprised on various other organs which have their own area of responsibility to perform.

If categorized broadly, the state has three major areas of functions to deliver e.g. the legislative, the executive and the judicial functions of the state. Those functions are being performed by three state organs e.g. the Legislative, the Executive and the Judiciary.

And distribution of power and responsibility among those three state organs is the major purpose of separation of power.

The Legislative formulate laws for the state while the Executive execute the state function and the Judiciary ensures justice in the country. In the state where separation of power is ensured, no organ interferes with the activities of others and all the organs perform their own responsibility with freedom and dependency. Though, total independence and freedom or the full separation of power is not possible and not required either. Complete separation of power is not a practical concept as well.

Many scholars in the field of political science, law and philosophy have described the idea in different ways and they all have identified it as a one of the most important tool for protecting individual right and good governance in the state mechanism. Marsilio has recognized it as an idea to good governance while Bodin has supported it very strongly. He said, ‘to be at once a legislator and a judge is to mingle together justice and the prerogative of mercy adherence to law and arbitrary departure from it.’

The French scholar and lawyer Montesquieu has said in his Spirit of Law that the rights of the individual can not be protected in a state where the power of the judiciary and the legislative is vested in one hand.

However, based on the above definition and observation, the concept is described as below:
-    No organ will interfere with the functions of others.
-    Powers will not be vested in one single unit.
-    No organ will control others.

Aristotle has divided separation of power in three different categories:
-    Deliberative power
-    Magisterial power
-    Judicial power

However, though our constitution has guaranteed the separation of power from the executive organ of the state, but in practice, the same is yet to be ensured in practice. So fast will it be ensured, so fast will peoples’ rights and good governance be materialized.