Separation of power

Separation of Powers in the Indian Constitution

Overview

The doctrine of separation of powers is a fundamental principle in the Indian Constitution, although it is not explicitly stated. It serves to distribute powers among the three branches of government: the Legislature, the Executive, and the Judiciary, ensuring that no single branch becomes too powerful.

Key Principles

1. Constitutional Framework

2. Judicial Review

3. Functional Separation

4. Basic Structure Doctrine

Limitations and Exceptions

Conclusion

The doctrine of separation of powers in India is characterized by a flexible approach that allows for interaction among the branches of government while maintaining essential checks and balances. The judiciary plays a crucial role in upholding this doctrine through judicial review, ensuring that legislative and executive actions remain within constitutional limits. Understanding these principles is vital for navigating the complexities of the Indian legal system.

Recommendations

  • For cases involving potential overreach by any branch of government, consider invoking judicial review to challenge actions that may violate the separation of powers.
  • Stay informed about evolving interpretations of the separation of powers doctrine, as judicial precedents continue to shape its application in India.

References: Supriyo @ Supriya Chakraborty VS Union of India - Supreme Court (2023)I. R. Coelho (Dead) by Lrs. VS State Of T. N. - Supreme Court (2007)SADHANA SHARMA VS STATE OF U. P. - Allahabad (2012)STATE OF U. P. VS SANJAY KUMAR - Supreme Court (2012)Rattan Lal VS State of H. P. - Himachal Pradesh (2021)SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION VS UNION OF INDIA - Supreme Court (2015)Union of India, Represented by Secretary, New Delhi VS Asim Shariff - Karnataka (2018)]

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