Separation Of Power In India

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“Power corrupts and absolute power corrupts absolutely.” -John Emerich Edward Dalberg-Acton BACKGROUND In the 18th century French social and political philosopher Charles-Louis Montesquieu coined the term “trias politica” or “separation of power”. Montesquieu’s publication, Spirit of Laws, is deemed as a source of significant political theory and jurisprudence. He divided the political authority of the state into three different branches i.e. the Legislature, the Executive and the Judiciary branches. According to his model, these three powers should be separate and acting independently in order to promote liberty effectively. John Locke, an English Philosopher, too had argued about the positive impact on the society by the…show more content…
The doctrine of Separation of Powers has consequently lost much of its rigidity. During the 20th century, and especially after the World War II, governmental involvement in various aspects of social and economic life has resulted in an enlargement of the scope of executive power. ESTABLISHMENT OF SEPARATION OF POWERS IN INDIA In the Constituent Assembly, Dr. K.T. Shah had suggested that an article should be inserted in the Indian Constitution to ensure separation of powers. The suggested provision according to him should have read: "There shall be a complete separation of powers as between the principal organs of the state, viz. the legislature, the executive and the judiciary." The Constitution of India does not contain any provision to make any absolute or rigid division of the functions of the three organs of the government. “The role of separation of powers in India is simple. The three organs of the Government viz. the Legislature, the Executive and the Judiciary are not independently independent but inter-dependently…show more content…
In re Delhi laws Act case Hon’ble Chief Justice, Kania observed the doctrine of separation of powers as follows: "Although in the Constitution there is no express separation of powers, it is clear that a legislature is created and detailed provisions are made for making that legislature to pass the laws. It is then too much to say that under the Constitution the duty to make laws is primarily cast on legislature." The Supreme Court of India has, therefore, not expressly denied the doctrine of separation of powers although the doctrine has not been expressly made essential. The judicial creativity in law making process reached in India to a prominent height in the cases of: Golak Nath and Kesavananda Bharati . After the Bharati's case and the judicial articulation of the basic framework in Indira Gandhi's Case , the Supreme Court itself granted approbation to the doctrine of separation of powers In Indian Drugs & Pharmaceuticals Ltd. Vs. The Workman of Indian Drugs & Pharmaceuticals Ltd It was held that the Judges must exercise judicial restraint and must not encroach into the executive or legislative

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