CHANAKYA NATIONAL LAW UNIVERSITY

ROUGH DRAFT

OF

LEGAL LANGUAGE & COMMUNICATION SKILLS

ON

SEPARATION OF POWERS

SUBMITTED TO
Dr. PRATUYSH KAUSHIK SUBMITTED BY
SHASHI BHUSHAN
BA.LLB.(HONS.)
SESSION- 2019-2024
INTRODUCTION
“Power corrupts and absolute Power tends to corrupt absolutely”.
It is widely accepted that for a political system to be stable, the holders of power need to be
balanced off against each other. The principle of separation of powers deals with the mutual
relations among the three organs of the government, namely legislature, executive and judiciary.
This doctrine tries to bring exclusiveness in the functioning of the three organs and hence a strict
demarcation of power is the aim sought to be achieved by this principle. This doctrine signifies the
fact that one person or body of persons should not exercise all the three powers of the government.
The theory of Doctrine of Separation of Power was first propounded by Montesquieu, a French
scholar in and 1747 published in his book ‘Espirit des Louis’ (The spirit of the laws). Montesquieu
found that if the power is concentrated in a single person’s hand or a group of people then it results
in a tyrannical form of government. To avoid this situation with a view to checking the arbitrariness
of the government he suggested that there should be clear-cut division of power between the three
organs of the state i.e. Executive, Legislative and the Judiciary.

The theory of separation of powers signifies three formulations of structural classification of

governmental powers:
• The same person should not form part of more than one of the three organs of the
government. For example, ministers should not sit in Parliament.
• One organ of the government should not interfere with any other organ of the government.
• One organ of the government should not exercise the functions assigned to any other organ.
AIMS AND OBJECTIVE

To ensure that no individual or group of the people in government is ‘all powerful’. Power is
shared and not concentrated in one branch .That is why we also often refer to the ‘separation and
balance of powers’. The main purpose of the separation of powers is therefore to prevent the abuse
of power.

HYPOTHESIS

The hypothesis of this researcher is that the protection of the individual liberty from the
arbitrariness and the smooth running of a democratic government need separation of power in a
check and balance frombut not in a rigid form with changingnature of the society.

RESEARCH METHODOLOGY

The research work has been done with the help of doctrinal method which carries the legal
stucture ,case analysis and legal framework.The researcher has made a comparative study on the
focus of check and balance under the separation of power.The researcher has described the
separation of powers of U.S.A., U.K. and India.

SOURCES OF DATA

PRIMARY SOURCE- The constitution of India

Article 50 of the constitution of India deals with separation of power “ The state shall take steos to
separate the judiciary from the executive in the public services of the state.

SECONDARY SOURCE- a)Montesquieu’s theory of separation of powers

b) books
c) Magazine

MODE OF CITATION
Blue book( 19 th ed.)

LIMITATION

Since the researcher is a student of law, he has access to a limited area.The researcher has limited
time for the project.The historical need and background is also necessary for having a bird’s eye
view of the particular topic and it gets developed only by effective and extended reading over a
long period of time. But the required materials are not available in our library.
TENTATIVE CHAPTERISATION

1. Introduction
2.Historical background
3.Pioneers of separation of power
4. Indian scenario
5. Cases
6. Conclusion and suggestions

BIBLIOGRAPHY
The constitution of India
Judgements of the supreme court
The spirit of laws