Author: Shrutimanjari Singh, Student at KIIT School of Law, Bhubaneswar, Odisha.
ABSTRACT
Doctrine of Separation of Power is the point at which the state is parted into three distinct administrative bodies and everyone three bodies have discrete and autonomous abilities and spaces of liability. The Separation of Power relies upon the possibility of trias politica. This standard imagines a three sided system where the powers are assigned and flowed among three organs showing their domain each. This precept targets accomplishing severe division of force by attempting to bring selectiveness inside the working of the three organs as Legislative, Executive and Judiciary. Some Constitutional provisions which substantiate Separation of Power is Article 50, 105, 245, etc. And there are some provisions which overlap this concept such as 61, 73, 32, etc. Some cases where Separation of Power was discussed was Kartar Singh v. State of Punjab, Golak Nath v. State of Punjab and Ram Jawaya Kapur v. State of Punjab. The Doctrine of Separation of Power in India, US and UK is basically similar as all the three countries do not use the strict form of Separation. This Doctrine have some advantages like keeps away autocracy and independent judiciary and in the same way it also has some disadvantages like It’s rough to draw a demarcating line between one power and this concept is very rigid. Rehearsing the Doctrine of Separation power can’t be applied inside the extreme sense in any contemporary countries rather like the us, Nepal, France, etc. Yet, this educating has congruity nowadays. Our organization is a planned system and its totally difficult to parcel into watertight compartments. For the smooth working of any organization, interest and coordination among all of the three wings of the public authority are significant. Garner said that. “this doctrine is impracticable as working principle of presidency. It’s difficult to divide the functions of each organ on an accurate basis”.
