Quasi Federal Understanding Of The Doctrine Of Separation Of Power In The Indian Constitution




Arghish Akolkar, DES Navalmal Firodia Law College


The concept of Doctrine of Separation of Power


The idea of the separation of powers has been at the center of attention since ancient times. The Greek philosophers Aristotle and John Locke detailed a utopian society that embodies power sharing in their report. The true spirit and meaning of the idea was expressed by Sir Montesquieu in The Spirit of the Laws. The doctrine of separation of powers essentially means that the three functions of government presented earlier in this article remain separate. A closer look at this concept leads to the conclusion that doctrine is accompanied by two important principles, without which it would be impossible to understand the nature of doctrine. First of all, departments responsible for functions must be fundamentally separate and independent. Second, the same person cannot belong to both departments.

Indian Journal of Law and Legal Research

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