Doctrine of Separation of Power and its Present Significance in India
Keywords:
Separation of Power, Checks and Balance, Basic Structure of the Constitution, ancient India, development, USA, UK, government, issues, case lawsAbstract
The doctrine of separation of power can be said to be developed over the above observation, though the concept is much older than the remark by Sir John Acton. History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all.
This paper traces the origin of the concept of separation of powers to the times of Aristotle and Plato, how it was in ancient India and its development in modern era. Then the paper goes on to explain the position of the doctrine in USA and UK. Separation of powers as implemented in India is explained and a few Articles of the Constitution of India are mentioned which relate to separation of power and the doctrine of check and balance. Further, the doctrine of check and balance and separation of power as a part of basic structure is discussed along with a few case laws and recent issues such as the RBI and CBI conflict with the government.
