Meaning – It means the distribution of powers among the Legislative, Executive, and Judiciary.

Origin – The concept started by Aristotle, developed by Locke and made popular by Montesquieu.

Definitions of Scholars –

Montesquieu – “Distribution of laws among the three organs of government – equal distribution among the legislature- to make the laws, the executive to implement the laws and the judiciary to interpret the laws.”

Separation of power

This doctrine is based on “trias politicia” priniciple which means three organs of the government.

Rule- 1. one/same person should not form more than one organ of the governemnt.

2. One organ should not interfere with other organs.

3. One organ should not exercise the power and functions of other organs.

Article 50 – Independence of Judiciary – Article 50Ā of theĀ constitutionĀ puts an obligation over the state to separate the judiciary from the executive.

Case Laws – Ram Jawaya Kapoor Vs. State of Punjab – In this case, It was held that the Indian Constitution has not recognised the rigidity of the Doctrine of seperation of Powers.

Indira Nehru Gandhi Vs. Raj Narain – The Cheif Justice of India held that in India, the doctrine of Separation of Powers is only followed in the broad sense and not in the rigid sense. It’s purpose are as follows-

  • For smooth functioning of the government.
  • To limit the powers of the government
  • To safeguard the individuals rights
  • To create Checks and balances.

Separation of powers in India is not strictly followed for example- President is head of the executive but he has to follow the advice of the prime ministers and Council of ministers.

Here are a few other posts related to administrative law-

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