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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

SEPARATION OF POWER – Garima Kakkar, Randeep Mann & Sandeep Kumar

ABSTRACT

The Indian constitution codified a significant collection of authorities that describe the three fundamental organs in a democratic country: the legislature, the executive, and the judiciary. The underlying concept of these principles was to safeguard individuals from the arbitrary and disproportionate authority of the State. After gaining independence, several significant legal cases were decided that established the principle of separation of power. Although the Constitution of India does not explicitly define the concept of separation of power, nor does it rigidly adhere to the doctrine, the roles and responsibilities of different branches of the government are clearly distinguished. Therefore, it can be concluded that our Constitution does not allow one branch or a part of the State to assume duties that rightfully belong to another. Therefore, this study will thoroughly examine the idea of separation with a clear and straightforward approach, focusing on its relevance in the Indian context.