An Analytical study of Effect of Judicial Trend on Doctine of Separation of Power

Abstract

The Indian Constitution in order to keep away the conferment of complete power in any one agency of the government has established effectively and enshrined the mechanism of check and balances with the object to ensure transparency and efficiency. There are different activities divided in three parts in all the governments which express the people’s will. These different departments are named as the executive, legislative, and judicial function of the government. Subsequent to the functions are the three different organs, which are the legislature, the judiciary and the executive. The formulation of law is done by the legislative organ, the executive enforce the same and the judiciary apply these laws to the cases where the breach of law has taken place. Every organ tends to come in the way while staging the activities in the working of another functionary because in their dealings with the general public a stringent demarcation of functions is not possible. Hence, over lapping of functions tend to come into the sight even when acting in range of their own power amongst these organs. An analysis into the given government three agencies and the relationship between the same should be done with the understanding in various other states alongside with India that would provide us a lucid view concerning the scheme of separation of power and its significance in various other Constitutions India is a quasi-federal structure it has an over-lapping check and balance mechanism but does not have separation of powers in absolute sense. Today each and every system might not opt for the separation of powers in strict sense because that is unwanted as well as not viable but inference of this concept can be seen in nearly all the countries in its diluted form.