DOCTRINE OF SEPARATION OF POWERS

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

SUBJECT: CONSTITUIONAL LAW AND

NEW CHALLENGES

THE DOCTRINE OF
SEPARATION OF POWERS
(A PROJECT REPORT SUBMITTED AS A PART OF CURRICULUM
FOR MASTER OF LAWS (SESSION 2023-24))

SUBMITTED TO SUBMITTED BY:

Dr. Purushotam Mansi Thakur

Roll no. 23085

Semester- 2

Masters of Laws (2 Year)

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ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my teacher DR.
PURUSHOTAM for his exemplary guidance and constant encouragement. I would also like
to take this opportunity to express a deep sense of gratitude to the University Institute of
Legal Studies’ library staff for cooperating with me and helping me to find the required
books.
Lastly, I thank almighty, my parents, and friends for their constant encouragement and
moral support without which this project would not be possible.

MANSI THAKUR

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TABLE OF CASES

SR. CASES PAGE

NO NO.
.
1. Re The Delhi Laws Act, 1912 v The Part C States (Laws) Act, 1950, AIR 1951 13

SC 332.

2. Kesavananda Bharati Sripadagalvaru v State of Kerala, AIR 1973 SC 1461. 13

3. Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549. 14

4. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 1590. 14
5. I.R. Coelho v. State of Tamil Nadu, AIR 2007 SC 861. 15
6. Rameshwar Prasad v. State of Bihar, AIR 1980 SC 104. 17

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TABLE OF CONTENTS

INTRODUCTION......................................................................................................................5

DOCTRINE OF SEPARATION OF POWERS........................................................................5

THREE-TIER MACHINERY...................................................................................................7

INDIAN CONSTITUTION AND SEPARATION OF POWERS............................................8-10

 PROVISIONS THAT SUBSTANTIATE...........................................................8

 OVERLAPPING PROVISIONS........................................................................9
SIGNIFICANCE OF DOCTRINE.............................................................................................11-12

JUDICIAL PRONOUNCEMENTS ON THE DOCTRINE OF SEPARATION OF POWERS

IN INDIA………………………………………………………………………………….13-15

CHECKS AND BALANCES SYSTEM....................................................................................16-17

THE SEPARATION OF POWERS AND EMERGENCY.....................................................18

CRITICISM..............................................................................................................................19

CONCLUSION........................................................................................................................19

REFERENCES.........................................................................................................................20

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INTRODUCTION

The separation of powers is imitable for the administration of federative and democratic states.
Under this rule the state is divided into three different branches- legislative, executive and
judiciary each having different independent power and responsibility on them so that one branch
may not interfere with the working of the others two branches. Basically, it is the rule which
every state government should follow in order to enact, implement the law, apply to specific case
appropriately. If this principle is not followed then there will be more chances of misuse of
power and corruption If this doctrine is followed then there will be less chance of enacting a
tyrannical law as they will know that it will be checked by another branch. It aims at the strict

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demarcation of power and tries to bring the exclusiveness in the functioning of each organ. 1 The
doctrine of separation of powers is no longer a mere philosopher’s theoretical conception, in the
modern context. It is a practical concept which determines the structure and organization of the
day to day functioning of governments. Although the theory of separation of powers is not
expressly recognised in the Constitution in its absolute form, the Constitution does provide
provisions for a fair division of duties and authority among the three branches of government.2

DOCTRINE OF SEPARATION OF POWERS

The term “separation of powers” was initiated by Charles de Montesquieu. For the first time, it was
accepted by Greece and then it was widely used by the Roman Republic as the Constitution of the
Roman Republic. Montesquieu, a French scientist, originally proposed the doctrine of separation of
powers in his book “Espirit des Louis” (The spirit of the laws) published in 1747. Montesquieu
discovered that when power is concentrated in the hands of a single person or a group of people, a
despotic government emerges. To avoid this predicament and to limit the government’s arbitrary
nature, he argued that the three organs of the state, the Executive, Legislative, and Judiciary, should
have a clear distribution of power.
The definition of separation of power is given by different authors. But in general, the meaning of
separation of power can be categorized into three features:

 A person forming a part of one organ should not form part of another organ.

 One organ should not interfere with the functioning of the other organs.

 One organ should not exercise the function belonging to another organ.

The separation of power is based on the concept of triaspolitica. This principle visualizes a tripartite
system where the powers are delegated and distributed among three organs outlining their jurisdiction
each. The theme behind the separation of powers is that when a single person or group has got large
amount of power then it becomes dangerous to citizens. The separation of powers is a method by

1
Separation of Powers, available at: https://blog.ipleaders.in/separation-of-powers/ (Visited on March 23, 2024).
2
Ibid.
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which a large amount of power in any group’s hands is removed, making it more difficult to
abuse. It is well settled that there are three main categories of governmental functions-a) Legislative
b) Executive, and c) Judicial. In the same way, there are three main organs of the Government in a
State-a) Legislature, b) Executive and c) Judiciary3.

According to this doctrine, these three powers and functions of the government must, in a free
democracy, always be kept separate and be exercised by three separate organs of the government.
Thus, legislature cannot exercise executive or judicial power; the executive cannot exercise
legislative or judicial and the judiciary cannot exercise legislative or executive power of the
government. Three formulations of structural classification of governmental powers are included in
the separation of powers theory:

 A single person should not serve in more than one of the government’s three branches.
Ministers, for instance, should not be allowed to sit in the House of Commons.

 A government organ should not be allowed to meddle with another government organ.

 The functions of one organ of government should not be performed by another.

3
Separation of Powers- Political Science, available at: https://www.britannica.com/topic/separation-of-powers
(Visited on March 25, 2024 at 2:43 pm).
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THREE-TIER MACHINERY OF STATE

It is impossible for any of the organs to perform all the functions systematically and appropriately.
Therefore, in order to ensure the proper functioning of the powers, the powers are distributed among
the legislature, executive and judiciary. These organs and their functions are as follows:

Legislative

The main function of the legislature is to enact a law. Enacting a law expresses the will of the State
and it also acts as the wain to the autonomy of the State. It is the basis for the functioning of executive
and judiciary. It is spotted as the first place among the three organs because until and unless the law is
framed the functioning of implementing and applying the law can be exercised. The judiciary act as
the advisory body which means that it can give the suggestions to the legislature about the framing of
new laws and amendment of certain legislation but cannot function it.

Executive

It is the organs which are responsible for implementing, carrying out or enforcing the will of the state
as explicit by the constituent assembly and the legislature. The executive is the administrative head of
the government. It is called as the mainspring of the government because if the executive crack-up,
the government exhaust as it gets imbalanced. In the limited sense, executive includes head of the
minister, advisors, departmental head and his ministers.

Judiciary

It refers to those public officers whose responsibility is to apply the law framed by the legislature to
individual cases by taking into consideration the principle of natural justice, fairness and equity.

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INDIAN CONSTITUTION AND SEPARATION OF POWERS

The constitution of India provides the doctrine of separation of powers in an implied manner. Despite
there being no express provision recognizing the doctrine of separation of powers under the
constitution of India, in its absolute form, the constitution provides the provisions for a reasonable
separation of functions and powers between the three organs of government.

Like the United Kingdom, India also practices the parliamentary form of government in which
executive and legislature are linked to each other. So, the doctrine of separation of powers is not
implemented in its strict sense. However, the composition of our constitution creates no doubt that the
Indian Constitution is bound by the separation of powers. There are various provisions under the
Indian Constitution that clearly demonstrate the existence of the doctrine of separation of powers.
This principle is followed both at the centre and the state level.4

Provisions that Substantiate Separation of Power

 Article 53(1) and Article 1545 of the Indian Constitution clearly say that the Executive
powers of the Union and the States are vest in the President and Governor respectively and
shall only be exercised directly by him or through his subordinate officers.

 Article 122 and Article 2126 of the Indian Constitution state that the courts cannot inquire
in the proceedings of Parliament and the State Legislature. This ensures that there will be
no interference of the judiciary in the legislature.

 Article 105 and Article 1947 of the Indian Constitution specify that the MPs and MLAs
cannot be called by the court for whatever they speak in the session.

4
Ibid.
5
The Constitution of India, arts. 53(1), 154.
6
The Constitution of India, arts. 121, 122.
7
The Constitution of India, arts. 105, 194.
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 Article 508 of the Indian Constitution encourages the separation of judiciary from the
executive in the states.

 Article 2459 of the Indian Constitution gives authority to Parliament and State Legislature
for making laws for the whole country and the states respectively.

 Article 121 and Article 21110 of the Indian Constitution state that the judicial conduct of
any judge of the Supreme Court or High Court shall not be discussed in Parliament or State
Legislature.

 Article 36111 of the Indian Constitution specifies that the President and the Governor are
not accountable to any court for exercising their powers and performance of duties in his
office.

Overlapping Provisions

 Article 12312 of the Indian Constitution allows the President to issue ordinance when both
the houses are not in session.

 Article 21313 of the Indian Constitution gives power to the Governor to issue ordinance
when state legislative assembly is not in session.

 Article 35614 of the Indian Constitution lays the provision of Presidential Rule in case of
state emergency.

 Article 7315 of the Indian Constitution specifies that the powers of the executive shall be
co-extensive with that of the legislature.

 Article 7416 of the Indian Constitution states that the council of ministers shall aid the
President in the exercise of his executive functions.

8
The Constitution of India, arts. 50.
9
The Constitution of India, arts. 245.
10
The Constitution of India, arts. 121, 211.
11
The Constitution of India, arts. 361.
12
The Constitution of India, arts. 123.
13
The Constitution of India, arts. 213.
14
The Constitution of India, arts. 356.
15
The Constitution of India, arts. 73.
16
The Constitution of India, arts. 74.
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 Article 75(3)17 of the Indian Constitution makes the Council of Ministers collectively
responsible to the House of the People.

 Article 6118 of the Indian Constitution lays the provision of Impeachment of the President
by passing a resolution from both the houses in order to remove the President.

 Article 6619 of the Indian Constitution states that the election of Vice-President is done by
the electoral members of both the houses.

 Article 14520 of the Indian Constitution allows the Supreme Court to make laws with
approval of the President for the court proceedings and the practices.

 Article 14621 of the Indian Constitution lays the provisions for the appointment of the
servants and officers of the Supreme Court by the Chief Justice of India with consultation
from President and the Union Public Service Commission.

 Article 22922 of the Indian Constitution lays the provision for the appointment of the
servants and officers of the High Courts with the consultation of the Governor and the
State Public Service Commission.

 Article 12423 of the Indian Constitution gives the President the power to appoint the judges
of the Supreme Court.

 Article 7224 of the Indian Constitution empowers President to grant a pardon or suspend the
sentence of any person who is convicted by the Supreme Court of India.

 Article 32, Article 226 and Article 13625 of the Indian Constitution provide the power of
judicial review to the Supreme Court to strike down any law made by the Parliament or
any administrative action which is found to be unconstitutional.

17
The Constitution of India, arts. 75(3).
18
The Constitution of India, arts. 61.
19
The Constitution of India, arts. 66.
20
The Constitution of India, arts. 145.
21
The Constitution of India, arts. 146.
22
The Constitution of India, arts. 229.
23
The Constitution of India, arts. 124.
24
The Constitution of India, arts. 72.
25
The Constitution of India, arts. 32, 226, 136.
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SIGNIFICANCE OF THE DOCTRINE

The doctrine of separation of power is very rigid concept and this is one of the reasons of why it is
not accepted by a large number of countries in the world. The main object as stated by
Montesquieu in the doctrine of separation of power is that ‘there should be government of law

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rather than having will and whims of the official’ 26. Also the importance of this doctrine can be
traced back to as early as 1789 where the constituent assembly of France in 1789 was of the view
that “there would be nothing like a constitution in the country where the doctrine of separation of
power is not accepted”.27
Also, another most important feature this doctrine is that ‘there should be independent judiciary i.e. it
should be free from the other organs of the state and if it is so then justice would be delivered
properly. The judiciary is the scale through which one can measure the actual development of the
state. If the judiciary is not independent then it is the first step towards a tyrannical form of
government i.e. power is concentrated in a single hand and if it is so then there is a cent percent
chance of misuse of power. Hence, the doctrine of separation of powers does play a vital role in the
creation of a fair government; and fair and proper justice is dispensed by the judiciary, it is
independent from all the other organs of the government. Summarily, the importance can be
encapsulated in the following points:

 Firstly, it aims to eliminate arbitrariness, totalitarianism and tyranny and promote an

accountable and democratic form of government.

 Secondly, it prevents the misuse of powers within the different organs of the government. The
Indian Constitution provides certain limits and boundaries for each domain of the government
and they are supposed to perform their function within such limits. In India, the Constitution is
the ultimate sovereign and if anything goes beyond the provisions of the constitution, it will
automatically be considered as null, void and unconstitutional.

 Thirdly, it keeps a check on all the branches of the government by making them accountable
for themselves.

 Fourthly, separation of powers maintains a balance among the three organs of government by
dividing the powers among them so that powers do not concentrate on any one branch leading
to arbitrariness.

 Fifthly, this principle allows all the branches to specialize themselves in their respective field
with an intention to enhance and improve the efficiency of the government.28
26
Montesquieu and Separation of Powers, available at: https://oll.libertyfund.org/page/montesquieu-and-the-separation-
of-powers (Visited on March 25, 2024 at 1:10 pm).
27
Ibid.
28
Separation of Powers and Its Relevance, available at: https://blog.ipleaders.in/separation-of-powers-and-its-relevance/
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The relevance of separation of powers in the Modern Era

Although, the doctrine of separation of powers does not have the rigid applicability that does not
imply that it has no relevance in the current scenario. The core objective of the doctrine of separation
of powers is to keep checks and balances among the three organs of the government which is an
essential factor to run a government dynamically. The logic behind this doctrine is not the strict
classification rather it is the avoidance of concentration of powers to a specific person or a body. This
theory is not operative in its absolute sense but yes, it is very advantageous if applied correlatively.
Thus, not impenetrable barriers and unalterable frontiers but mutual curtailment in the exercise of
powers by the three organs of the state is the spirit of the doctrine of separation of powers.

JUDICIAL PRONOUNCEMENTS ON THE

DOCTRINE IN INDIA

The debate on the topic of doctrine of separation of powers in India, and exactly what it involves
with respect to the governance in the country, is as old as the constitution itself. It was
extensively debated in the constituent assembly. It also figured in various judgments handed

(Visited on March 22, 2024 at 8:14 pm).

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down by the Hon’ble Supreme Court of India, after the constitution was adopted. It is through
these judicial pronouncements and with the passage of time, the boundaries of applicability of
the doctrine have been determined.

In the Re Delhi Laws Act case29, it was for the first time, the Hon’ble Supreme Court of India
observed that except where the constitution has vested power in a body, the principle of Separation
of powers should be observed. That one organ should not perform functions which essentially
belong to others is followed in India. By a majority of 5:2, the court held that the theory of
separation of powers though not part and parcel of our constitution, in exceptional circumstances is
evident in the provisions of the constitution itself.

As observed by Kania, C.J.:

“Although in the constitution of India there is no express separation of powers, it

is clear that a legislature is created by the constitution and detailed provisions are
made for making that legislature pass laws. Does it not imply that unless it can be
gathered from other provisions of the constitution, other bodies-executive or
judicial-are not intended to discharge legislative functions?”

The same question i.e. ‘what amounts to an excess’, was the basis for action in the land marking
case of 1973 of Kesavananda Bharti30. The question rose before the Hon’ble Supreme Court in
this case was in relation to the extent of the power of the legislature to amend the constitution as
provided for under the constitution itself. It was argued that as parliament was “Supreme” and
represented the sovereign will of the people so, if the people’s representatives in parliament

29
1951 AIR 332.
30
(1973) 4 SCC 225.
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decided to change a particular law to curb individual freedom or limit the scope of judicial
scrutiny, the judiciary had no right to question whether it was constitutional or not. However, the
court rejected this argument and instead found in favour of the appellant on the ground upholding
that the doctrine of separation of powers was a part of the “basic structure” of the Indian
constitution. As per this ruling, the ambiguity was removed by holding this doctrine as a part of
the Indian constitution, which cannot be altered, amended even by an Act of parliament. Thus,
the doctrine of separation of powers has been incorporated, in its essence, into the Indian laws.

Further, in the case of Ram Jawaya Kapur v. State of Punjab31, the doctrine of separation of
powers was recognized to be a part of the constitution where the court held that though the
doctrine of separation of powers is not expressly mentioned in the constitution it stands to be
violated when the functions of one organ of government are performed by another.

However, it was after the landmark case of Indira Nehru Gandhi v. Raj Narain32 that the
position of this doctrine in the Indian context was made clearer. In this case, the election of Mrs.
Indira Gandhi, who was the Prime Minister of India, was challenged before the Allahabad High
Court on the grounds of violation of the election code and misuse of power during her election
campaign. The Hon’ble Allahabad High Court cancelled her candidature. In response to that, a
cross-appeal was filed before the Hon’ble Supreme Court of India. However, before the Hon’ble
apex court heard the matter finally, Mrs. Indira Gandhi exerted influence over the legislature and
amended the Constitution by inserting (Thirty-ninth Amendment) Act, 1975, with an aim of
negating the then ongoing judicial process. The question of constitutionality of the said
constitutional amendments was brought before the court in which it was declared as ultra virus of
the basic structure of the constitution. Further, on the matter of the legislatures’ declaration of
validity of the election, the Hon’ble Supreme Court held that, the adjudication of a specific
dispute is a judicial function which parliament cannot exercise even under its constitutional
amending power. Therefore, the amendment was held to be ultra- vires on the basis that when the
constituent body declared the validity of the election of Prime Minister, it discharged a judicial
function, which according to the principle of separation, should not have been done.

31
AIR 1955 SC 549.
32
1975 AIR 1590.
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Further, the basic structure doctrine as laid down in Kesavananda Bharti33 was once again
challenged in recent case of I.R. Coelho v. State of Tamil Nadu34.In this case, the state passed a
law creating 69% of reservations in educational institutions, far exceeding the accepted limit of
50%. In order to protect the said provision from being struck down on the grounds of being
unconstitutional, it was placed under the Ninth Schedule, which was specifically created in order
to be outside the scope of judicial review. The matter was challenged before the court, on the
ground of the constitutional validity of the Ninth Schedule on the grounds that it was violative
the basic structure of the constitution. The court took cognizance of the said argument and held
the Ninth Schedule as being violative of this doctrine and hence even matters placed under the
said schedule shall henceforth be open to judicial inquiry. Thereby, this previously protected
portion of the constitution was also brought under the ambit of the Basic structure theory and
the Golden triangle comprising of Art.14, 19 and 21, making laws placed under it amenable to
judicial review.

33
Supta Note 9.
34
AIR 2007 SC 861.
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CHECKS AND BALANCES SYSTEM

Checks and balances is one of the features of the doctrine of separation of powers. As per this
feature each organ, along with its own power, enjoys some checking powers over the other two
organs. In the process a system of checks and balances governs the inter-organ relations.

As per this theory of checks and balances no organ of power should be given unchecked power
in its sphere. The power of one organ should be restrained and checked with the power of the
other two organs. In this way a balance should be secured which will prevent any arbitrary use of
power by any organ of the government.

Thus, as per this theory, the legislative power should be in the hands of the legislature but the
executive and judiciary should have some checking powers over it with a view to prevent any
misuse or arbitrary use of legislative powers by the legislature. In the same way, the executive
powers should be vested with the executive but legislature and judiciary should be given some
checking powers over it. The same should be the case of the judiciary and its power should be in
some respects checked by the legislature and executive. In other words, each organ should have
some checking power over the other two organs and there should prevail a balance among the
three organs of government and thus will lead to a constitutionalism i.e. no one is above the
law and equality amongst all the organs of the government.

For some proponents the separation of powers necessitates a strict operation with no organ
encroaching on the area of the others; in the terms of both personnel and functions. For some
proponents a system of checks and balance would interfere with the doctrine who has argued that
such a formulation of the doctrine is extreme and doctrinaire.

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Bradley and Ewing35 argue that a strict separation of powers is “neither possible in theory nor in
practice.” In similar Vein and Barnett36 recognizes that a complete separation of powers would be
unworkable. A lack of cooperation and conciliation between the three organs could easily result
in legal and constitutional dead lock;

The strict reading of the doctrine is not always taken and many proponents advocate a system of
checks and balances. This is certainly justifiable position considering that the doctrines desired
end, avoiding tyranny could be compromised by a strict application as above. Indeed, the
avoidance of tyranny may well be better achieved through efficient checks and balance and could
represent the doctrine in its highest form.

THE SEPARATION OF POWERS AND

EMERGENCY

There are two aspects of this doctrine of separation of powers under Indian constitution out of
that, one is to discuss the usage of the doctrine of separation of powers in normal governance and
another is to examine it under the unique circumstances of a national emergency. In such a
situation, there is likelihood that either of three organs may try to exceed its power as checks or
balances are suspended. However, it is commonly agreed that even during emergency, the
doctrine must continue to be in force.

It was the matter of debate in the case of Rameshwar Prasad v. State of Bihar37, where the court
was to determine ‘whether the imposition of Art. 356 in the State without proper consultation
with State authorities or considering the Governor’s report, amounts to an excessive use of
legislative power?’ Finding that the central legislature had to step into the shoes of the state
legislature and thereby usurp the power completely to itself, in the given case, the court upheld
that there to be a clear violation of the doctrine of separation of powers.

35
Analysis of Separation of Powers in India, USA & UK, available at: https://www.lawinsider.in/columns/analysis-of-
separation-of-powers-in-india-usa-uk (Visited on March 25, 2024 at 3:03 pm).
36
Ibid.
37
1980 AIR 104.
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CRITICISM OF THE DOCTRINE

Every doctrine has some effects and defects. The separation of powers might have proved to be
flawless theoretically but it cannot be applied comprehensively in real life situations. There are
certain drawbacks and limitations to it.

1. It is extraordinarily difficult to distinguish the powers of the legislature, executive and

judiciary precisely. A smooth and stable government can exist only if there is cooperation
among the three organs. Any attempt made to separate these organs into watertight
compartments may lead to failure and inefficiency in the government.

2. If this concept is adopted in its totality, then it will become impossible to take certain
actions. Consequently, neither the legislature can delegate the law making power to the
executive which may have expertise in the subject matter, nor the courts can make laws
related to the functioning of courts and proceedings.

3. In the present scenario, a state works for the welfare and prosperity of the people. It has to
resolve the complex issues of society. In such circumstances, the principle of separation of
power seems to be impossible. The imposition of this doctrine in its rigid conception will
not lead to the effectuation of the objectives of the modern state. Thus, separation of power
is theoretically improbable and practically impossible.

4. Montesquieu, by propounding this theory aimed to protect and safeguard the freedom and
liberty of the individuals which is impossible by the strict enforcement of separation of
powers.

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CONCLUSION -

“Power corrupts and absolute power tends to corrupt absolutely.” – Lord Acton

Exercising the doctrine of separation power cannot be applied in the strict sense in any contemporary
countries like The United States, Nepal, France etc. But still, this doctrine has relevancy nowadays.
Our government is an organized system and it is very difficult to divide into watertight compartments.

For the smooth functioning of any government, cooperation and coordination among all three wings
of the government are necessary. Professor Garner said that “this doctrine is impracticable as working
principle of Government. It is difficult to divide the functions of each organ on an accurate basis.”

Although liberty heavily depends on the balance between the three branches of government, increased
concern for welfare and security has resulted in the transfer of greater authority to the executive. The
liberty of the individual, as well as that person’s wellbeing and the security of the state, should all be
equally important in a perfect society. Without a question, this would necessitate a strong
government, but it would also necessitate a system of checks and balances and the division of powers.

In my opinion, this doctrine has a great significance as it protects the liberty of the individual from the
arbitrary rule and prevents the organs from usurping the essential functions of other organs.

It is applicable in almost all countries up to a certain extent.

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REFERENCES
 BOOK:

1. J.J.R. Upadhyaya, Administrative Law, (Central Law Agency,8th Edition, 2014).

2. M.P.Jain, Indian Constitutional Law 98 (Kamal Law House, Calcutta, 5th edn., 1998).
3. D.D. Basu, Administrative Law, (Kamal Law House, Calcutta, 7th Edition, 2019).
4. C.K. Takwani, Lectures on Administrative Law, ( Eastern Book Company,4thEdition,
2007).
5. H.M. Seervai, Constitution of India, (Tripathi, Bombay, Volume 1, 1992).

 WEBSITES:

1. Separation of Powers- Political Science, available at:

https://www.britannica.com/topic/separation-of-powers (Visited on March 25, 2024 at 2:43
pm).

2. Separation of Powers, available at: https://blog.ipleaders.in/separation-of-powers/ (Visited

on March 23, 2024 at 7:08 pm).
3. What is the Theory of Separation of Powers, available at:
http://www.yourarticlelibrary.com/constitution/separation-of-powers-what-is-the-theory-of-
separation-of- powers/40336/ (Visited on March 27, 2024 at 1:10 pm).
4. Analysis of Separation of Powers in India, USA & UK, available at:
https://www.lawinsider.in/columns/analysis-of-separation-of-powers-in-india-usa-uk (Visited
on March 25, 2024 at 3:03 pm).
5. Separation of Powers in the Indian Constitution, available at:
https://primelegal.in/2022/11/20/separation-of-powers-in-the-indian-constitution/ (Visited on
March 23, 2024 at 10:05 pm).
6. Montesquieu and Separation of Powers, available at:
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