SEPARATION OF POWERS: INDIAN PERSPECTIVE

Abstract

The doctrine of Separation of Powers was originally started in the writings of
Montesquieu in the spirit of the Laws where Montesquieu refers to the division of govt.
responsibilities into three separate branches of government to make sure that none of the branch
intrude into the domain of another. The true objective of introducing there principles was to
prevent the concentration of power and provide for check and balances. American Constitution,
Australian constitution is very rigid as compared to Indian constitution and it does not apply to
India or even England. Separation of Powers is practiced in India but not that rigidly. The tree
main areas of government in some or the other way perform the task of other. The present
research paper assess the separation of powers as envisioned by the Indian Constitution and the
difficulties faced in practice by the government’s three wings, while implementing the
constitutional provisions in letter and spirit. The writer also draws a comparative analysis to the
separation of Powers American Constitution scheme of Separation of Powers