Pillars Of Democracy: Evolution Of Doctrine Of Separation Of Powers

Ayesha Swain, Symbiosis Law School, Nagpur

ABSTRACT

This essay’s goal is to evaluate the separation of powers principle critically, considering its implications and restrictions. The paper makes an effort to offer a constructive understanding of the challenges that the government’s three branches – the legislature, executive branch, and judiciary – face in actualizing the constitution’s provisions in letter and spirit. This research paper is divided into main sections. The first thing examines the history and the background of the subject and explores the idea of separation of powers as a better alternative to monarchy and how it exists in the modern world. The second section explores the definition of the doctrine of separation of powers and explains its purpose and history. Additionally, it looks at the three proponents of this doctrine: Aristotle, who created the idea, John Locke who explained the idea of separation of powers, and Montesquieu, who is perhaps most recognized for his ideas on the subject. The second thing this paper examines about the analysis of different countries and the third thing here examines is the evolution of the basic structure and the issues raised and discussed about the basic structure and examines the constituent assembly debates with recent case laws and ends with the proper conclusion.

Keywords: Basic structure, Separation of powers, Executive, Legislative, Judiciary