The Doctrine Of Separartion Of Powers: A Comparative Study Of Its Application In India And The United States
- IJLLR Journal
- Apr 3
- 1 min read
Mansi Seja Galchar, LL.B, Pursuing LL.M, Gujarat National Law University
ABSTRACT
A key tenet of constitutional governance is the theory of separation of powers, which guarantees the separation of governmental duties among the legislative, executive, and judicial branches in order to prevent power concentration and preserve democracy. With a focus on their different constitutional frameworks and real-world applications, this research study compares how this concept is used in India and the US. With a system of checks and balances that guarantees each branch operates autonomously while limiting the others, the United States rigorously upholds the separation of powers. However, the Indian system takes a more accommodating stance, permitting a functional overlap but preserving judicial review as a check on capricious power. The study examines significant court rulings, constitutional clauses, and institutional procedures in both nations, highlighting how well they uphold democratic governance. The study also analyses how each system adjusts to the demands of modern governance while examining the difficulties presented by changing political and legal dynamics, such as judicial activism, executive overreach, and legislative encroachments. The study assesses the doctrine's wider implications for upholding constitutionalism and the rule of law while highlighting the advantages and disadvantages of each model through this comparative lens. In the end, this study demonstrates how, despite being widely accepted, the theory of separation of powers takes on different forms in various legal and political circumstances, influencing the governance systems of both the US and India in distinctive ways.
