Abstract
The core principle of the separation of powers doctrine is that the different branches of government should not encroach upon or perform each other’s functions. Essentially, it involves the distribution of powers and responsibilities across the legislative, executive, and judicial branches. In the context of India, the powers and responsibilities are clearly divided among these three branches of government—judiciary, legislature, and executive—ensuring that no single branch holds concentrated authority. These doctrine objectives to prevent the fusion of powers and preserve a system of checks and balances. This paper seeks to explore the concept of separation of powers in both India and Bangladesh, examining its objectives, criticisms, and how it can pose challenges to the development of administrative law.
The issue of separation of powers has gained renewed significance recently, particularly in the context of coalition politics at both the national and state levels. In such governments, where parties with diverse agendas come together, or when the political stability of the majority party is at risk, ensuring political survival often takes precedence over the legal merits or demerits of a case. When the legislature, as evident from its recent actions, focuses more on the immediate electoral interests of the ruling parties rather than the broader public good, it seems unwise for the ordinary citizen of India to grant unchecked supremacy to the legislature without the safeguard of judicial oversight. “It would be as balanced to talk of the solar system without the sun as to talk of our free democracy without the doctrine of the supremacy of the Supreme Court.”
- Bimal Jalan’
CHAPTER I
BACKGROUND:
In recent years, ‘Separation of Powers’ has gained momentum and it continues to evolve over a period of time. This study focuses more on the recent episode which took place in Bangladesh where dilution of separation of powers between the judiciary and executive was clearly stated.
In both India and Bangladesh, recent incidents have illustrated how the concentration of power in one branch (often the executive) can lead to overreach and potentially undemocratic practices. It also compares the Indian system with the Bangladesh political system This study will go to identify both strengths and weaknesses of the Indian political system.