A study on the doctrine of seperation of power of Montesquieu in reference to current plans and practices

Shriya Singh, Mukund Sarda

Abstract


This article is an attempt to study the doctrine of Separation Of Power as engraved in
the Constitution of India and the difficulties faced by the three organs of the government
while implementing and interpreting the provisions of the Constitution in letter and
spirit. The research also draws a comparative approach with the UNITED STATES
OF AMERICAs and UNITED KINGDOMs Constitutional scheme of Separation Of
Powers. Throughout the course of research various cases have been discussed in which
the Courts have recognized that there is no straightjacket formula to determine
Separation Of Power. With the complexities in all the democracies in the world,
overlapping of the jurisdiction is bound to arise. However, the three organs should
keep a system of checks and balances so they do not end up violating the rights of the
people. The Doctrine Separation Of Power is a part of the basic structure of the Indian
Constitution. It is in this context, that the research was made on the Constitutional
Plan and Practices with respect to Separation Of Power.


Keywords


Doctrine of seperation, Power of Montesquieu, Plans and practices

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