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Separation Of Power: Mischief Or Solemnity In Modern Times





Aiswarya Sahu & Taranjeet Singh, KIIT School of Law


ABSTRACT


The structure, silhouette and shape given by the democracy strictly emphasis on supremacy of separation as well as decentralization of powers. Each wing of the government, whether legislature, judiciary or executive, must be kept separate as well as internally checked. Though the constitution of India exclusively provides separation of power to be a part of basic structure but when it comes to the practical scenario, it is not that rigidly practiced in India. The three wings of the government in some of the other way performs the task of others whether it is judicial interpretation or quasi-legislative actions. The present research paper interpreted the doctrine of separation of power as ideate by the Indian constitution and need for such doctrine in the modern times and how it bars the administrative law. The writer also draws descriptive analysis of the three models of the doctrine of separation of power.


Keywords: Constitution, Doctrine, Executive, Judiciary, Legislative, Power, Separation, Quasi-Legislative.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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