Understanding The Doctrine Of Separation Of Power: A Closer Look Into Theory Versus Practice In India
- IJLLR Journal
- Jun 5
- 1 min read
Dibya Ranjan Swain, PG Department of Law, Utkal University
Jyotirmaya Pal, PG Department of Law, Utkal University
ABSTRACT
We have evolved from the concept of “Might is always right” where all the powers and authority were vested in the King. In the current political and constitutional setup, the powers and functions are divided among the various categories or organs of the government i.e., a) the legislative, b) the executive, and c) the judiciary. According to the doctrine of separation of power in a free democracy, the three organs should be separated and independent of each other. The core principle of the doctrine of separation of powers is that the entities of the government do not converge or exchange the roles that they perform separately. Though there is no specific provision in the Indian Constitution but India's Constitution contains several implicit provisions for the separation of powers between the legislature, the executive, and the judiciary. Various judicial decisions have also recognized the concept of the doctrine of separation of power in India. One of the first cases was of Golak Nath v. State of Punjab and subsequently, it has been included as part of the basic structure in the case of Indira Nehru Gandhi v. Raj Narain.
This paper aims to interpret various theories of the doctrine of separation of power to understand the doctrine in different constitutional scenarios. Further, this paper aims to study the extent of the applicability of separation of power by studying various judicial decisions and through comparative studies of other constitutions.
Keywords: Separation of Powers, Indian Constitution, Judicial Decisions, Basic Structure Doctrine, Comparative Constitutional Analysis.
