CRITICAL ESSAY ON APPLICATION OF DOCTRINE OF SEPARATION OF POWER IN INDIA
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Keywords:
Separation of Power, India, Judiciary, Executive, Indian ConstitutionAbstract
The paper reviews one of the most important question that is being asked about the doctrine of separation of power in India and whether the powers of the three bodies of the Government
i.e., legislature, executive, and judiciary overlap. In the first section of the text, the author talks about the origin of the theory of separation of power as mentioned by Montesquieu in his book
‘Espirit des Louis’ (The spirit of the laws). The author further reviews the separation of power in India by mentioning about the various Articles from the Constitution of India as well as the Constitution of US. The text further mentions about the powers given to the legislature, executive and the judiciary. The text also talks about how the separation of power is applied in India and the problem of overlap of functions. Lastly, the text highlights various cases that discuss the doctrine of separation of power.
The paper seeks to answer the question: What is the Doctrine of Separation of Power and what powers are given to the legislature, executive and the judiciary?
It is hoped that this study will inform about the separation of power in India by in-depth analysis of the Doctrine of Separation of Power.
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