Separation Of Powers In The Digital Age: A Constitutional Perspective
- IJLLR Journal
- 7 hours ago
- 1 min read
Anvi Rastogi, Amity University
ABSTRACT
“The doctrine of separation of powers has historically functioned as a constitutional protection against the capricious accumulation of authority. In the digital age, algorithmic governance, executive surveillance, and the quasi-sovereignty of technology corporations put this balance at risk. In India, where the separation of powers is a fundamental aspect of its structure (Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461), these developments reveal institutional vulnerability. This study analyses the doctrine via Indian jurisprudence, the IT Act 2000, and comparative frameworks such as the GDPR and Section 230, advocating for reforms that address legislative negligence, executive overreach, judicial minimalism, and ensure constitutional accountability.”
Keywords: Separation of Powers; Digital Constitutionalism; Algorithmic Governance; Executive Surveillance; Legislative Abdication; Judicial Restraint; Basic Structure Doctrine; Technology Regulation; Information Technology Act 2000; GDPR; Section 230 CDA; Private Digital Sovereignty; Constitutional Accountability; Institutional Balance; Comparative Constitutional Law.
