'Judicial' regulation at Sebi

A mechanism to separate Sebi's judicial and executive powers is central to creating a regulator more in tune with the rule of law

In 1748, the French philosopher Montesquieu proposed a form of government where powers were not excessively concentrated. The legislature defines what is forbidden in laws. The executive administers laws, investigates violations and prosecutes them. The judiciary determines if the accused is guilty. Separating out these three branches of government creates checks and balances, and is seen in most liberal democracies. Separation of powers was part of the thinking of the framers of the Constitution of India, and is part of the basic structure of the Constitution.

However, some bodies of the Indian state, themselves write law, conduct investigations, and inflict punishments.