Critical Analysis of the Origin, Meaning, Necessity, and Relevance of the ‘Doctrine of Separation of Powers’ in the Indian Constitution

4 Pages Posted: 8 May 2020 Last revised: 8 May 2020

See all articles by Riya Dudeja

Riya Dudeja

O.P. Jindal Global University

Date Written: April 10, 2020

Abstract

The three branches of the Government of India aim to function so as to not coincide with the powers asserted by one another. However, in a democracy such as India, it is near impossible to have a rigid segregation of functions and often one sees that the functions of one branch overlaps into the other. The Doctrine of Separation of Powers has old philosophical roots and this paper aims to show how those roots have helped in building the framework of the Executive, the Judiciary and the Legislative branch in the Indian context as it stands today.

Keywords: Doctrine of Separation of Powers, Constitution of India, Government of India, Montesquieu, Executive, Judiciary, Legislative

Suggested Citation

Dudeja, Riya, Critical Analysis of the Origin, Meaning, Necessity, and Relevance of the ‘Doctrine of Separation of Powers’ in the Indian Constitution (April 10, 2020). Available at SSRN: https://ssrn.com/abstract=3575357 or http://dx.doi.org/10.2139/ssrn.3575357

Riya Dudeja (Contact Author)

O.P. Jindal Global University ( email )

India

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