Separation of Power

Parth Chaudhary and Ritika Chaudhary
Gautam Buddha University, India.

Volume II – Issue II, 2021

The doctrine of separation of power is a constitutional doctrine that separates the government into autonomous institutions to perform distinct functions. The distinction of government into the legislature, executive, and judiciary separates their powers and functions, thereby avoiding conflicts and arbitrariness. The legislative branch’s role is to make laws, the executive wing enforces those laws, and the judiciary aims at the interpretation of those laws. The prime cause for the separation of power between independent branches is to prevent the over-accumulation of power in an individual or a group of individuals. The Indian Constitution does not expressly mention this doctrine, but it is enshrined in several provisions and articles that separate the power among the three branches. We can take the reference of many case laws to see the effect of this doctrine in India.

In this paper, we will discuss the separation of power as a doctrine and its quintessence in the separation of different government functions. It also highlights the overlapping of operations of these three branches. What might happen if there is no separation of power?

In the absence of such a doctrine, many problems might arise, like the aggression of power in one branch or the hands of one person, no balance among the three organs, and no liberty. Therefore, the aim is to delimitate power, eliminate arbitrariness, tyranny and introduce precision in the function of each branch.

Keywords: Separation, Power, Government


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