ORDER

Ganguly, J.—

1. I agree with my learned Hon’ble Brother Katju, J., that the questions formulated by His Lordship should be referred to a Constitution Bench for an authoritative pronouncement.

2. Since those questions concern the very core of our Constitutional jurisprudence, I would like to add my perception on those questions which may be a shade at a variance with Brother Katju, J. The relevance of those questions is perennial and they are bound to figure in decisions of this Court in various situations. So while making an authoritative pronouncement on those questions the Constitution Bench may consider the views of both of us.

3. The rationale of the doctrine of Separation of Powers, to my mind, is to uphold individual liberty and rule of law. Vesting of all power in one authority obviously promotes tyranny. Therefore, the principle of Separation of Powers has to be viewed through the prism of constitutionalism and for upholding the goals of justice in its full magnitude.

4. The doctrine is normally associated with the French Philosopher Montesquieu, but the origin of this principle can be traced back to Aristotle who opined that government should be composed of three or