Separation Of Powers In Constitutional Democracies: A Comparative Study Of India And The United States
- IJLLR Journal
- Mar 16
- 1 min read
Kanishka Somni & Khushi Thakur, National Law Institute University, Bhopal
ABSTRACT
This paper examines the principle of separation of power as a fundamental element of constitutional democracies, with a comparative analysis of the United States and India. The main objective which is sought to be achieved by the application of this principle is prevention of concentration of power and the safeguarding democratic governance by distributing the powers among the three organs of the state namely, the legislature, the executive and the judiciary. However, the USA and India differ significantly in the application of this principle. The US Constitution adopts a relatively rigid approach which is supported by a system of checks and balances, while the Indian Constitution follows a relatively flexible approach which allows functional overlaps among the organs of the state. Through an analysis of the constitutional provisions and landmark cases, the paper evaluates how each system balances accountability, efficiency and prevention of authoritarianism. It argues that while the American model promotes clearer institutional boundaries, the Indian model reflects pragmatic governance suited to its socio-political context, demonstrating that effectiveness of a system ultimately depends on maintaining a balance between institutional independence and cooperative governance.
