Moolimani Shamanth Umesh, LLM, School of Law Christ (Deemed to be) University
ABSTRACT
The doctrine of separation of powers is part of constitution in many countries. The separation of powers deals with three main organs of government that is Legislative, Executive and Judiciary. This doctrine was first propounded by French jurist, Montesquieu in his book ‘The Spirit of Laws’ in the year 1747. The doctrine of separation of powers distributes powers into Legislative, Executive and Judiciary. This concept of doctrine is used to keep in check that there is no abuse of powers by any organs of government. This paper discuss about how these powers are divided and kept independent without either of them interfering in their functions. Even though the powers are divided sometimes legislative powers can be exercised by the executive, this may cause arbitrariness that is delegated legislation. Even the Judiciary should not be interfered by other organs but now and then to protect the freedom or liberty of a person or to stop a law from enactment; the judiciary will interfere in legislation process by judicial interpretation of the provisions. Judiciary at certain times give guidelines through judgements/orders in the form of laws, it is one such judicial acts where it interferes in the legislative functions. The main reason of this doctrine is to maintain transparency and assure and safeguard liberty/freedom of citizens by implementation of laws made by states. This doctrine is strictly followed by United States and is clearly incorporated in its Constitution, but in India and United Kingdom does not follow this doctrine strictly. This paper tries to do a comparative analysis of the doctrine of separation of powers with India, USA and UK; and also analyse the constitutional provisions with respect to the same in each of these countries.
Keywords: Separation of powers, Constitution, Legislative, Executive and Judiciary.
