Importance Of Separation Of Powers

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INTRODUCTION: It has been well said by Lord Acton: “Power corrupts and absolute Power tends to corrupt absolutely”. Governments perform three functions: executive, legislative, and judicial.In a political system with a water-tight division of forces, these capacities are each apportioned to a particular institution of government. The main premise behind the separation of powers is that people could hurt others, and this can progress towards becoming reality when absolute control is moved in one individual, group, or organization. Accordingly, in isolating powers, the significant point is to anticipate oppression and defend freedom by guaranteeing that nobody can gather authoritarian forces. This doctrine claims that state power is not a…show more content…
Doctrine of Separations of Powers in India: Indian state speaks to a contemporary approach in conceptualizing the convention of division of powers. Basically, there is no strict detachment of powers under constitution, both on a basic level and practice. Every organ while playing out its exercises has a tendency to meddle in the circle of working of another functionary in light of the fact that a strict boundary of capacities isn't conceivable in their dealings with the overall population. In the expressions of Dr. Durga Das Basu- “So far as the courts are concerned, the application of the doctrine (the theory of separation of powers) may involve two propositions: namely, a) that none of the three organs of Government, Legislative Executive and Judicial, can exercise any power which properly belongs to either of the other two b) that legislature cannot delegate its…show more content…
Parts 1B and 1C of the Companies Act as currently designed are unconstitutional. In any case, Parts IB and IC of the Act might be made operational by making reasonable corrections. In this way again strict division of powers was refrained. Checks and Balances in respect to doctrine of separation of power: The idea of constitutional checks emerged as an outgrowth of the traditional hypothesis of partition of powers. The reason for it was to guarantee that administrative power would not be utilized in an oppressive way. Normally this was proficient through an arrangement of " checks and balances ", the inception of which, similar to separation of powers itself, is particularly credited to Montesquieu. The Indian Constitution accommodates a plan of checks and balances, for instance, • The judges of the Supreme Court and the High Courts in the States are appointed by the executive. This ensures that the judiciary function devoid any fear of the

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