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SEPERATION OF POWER

BY

VISHAL KAKDE.
M.P.LAW COLLEGE, AURANGABAD.
CONTENT

1. MEANING
2. HISTORICAN BACKGROUND
3. MONTESQUIEU’S DOCTORINE
4. WADE SND PHILLIPS
MEANING

 SEPERATION OF POWER
 SEPERATION means to separate, to divide.
 POWER , here power means the authority of exercising functions.
 It is generally accepted that there are three main categories of governmental
functions 1. legislative, 2. executive, 3.Judicial.
 Likewise, there are three main organ of government in a state
 That are 1. legislature 2. executive 3. judiciary .
 According to the rule of separation of power these three power and functions
of the government must in free democracy, always be kept separate and be
exercised by three separate organ of the government.
 These all can not exercise the power and functions of each other.
Historical background

 The doctrine of separation of power has been emerged (originated) in


several forms at different periods.
 In 16th and 17th centuries , French philosopher JOHN BODIN and
british politician LOCKE expressed their views about the
theoy of separation of power.
 But it was MONTESQUE who for the first time formulated
this doctrine systematically and scientifically and clearly
in his book , the spirit of law 1748 .
MONTESQUIEU’S doctrine

 “ When the legislative and executive powers are united in the same
person , or in the same body of magistrate, there can be no liberty
because of apprehension may arise , lest the same monarch or senate
should enact tyrannical laws to execute them in a tyrannical manner
again, there is no liberty if the judicial power be not separated from
the legislative and the executive. Where it joined with the legislative
, the life and liberty of the subject would be exposed to arbitrary
control ; for the judge would then be legislature.
 Where it joined with the executive power , the judge might behave
with violence and oppression.
WADE AND PHILLIPS

 SEPERATION OF POWER MAY MEAN THREE DIFFERENT


THINGS
 1. The same person should not form part of more than one
of the three organs of government.
 Example , the ministers should not sit in parliament
 2. one organ of government should not control or
interfere with execise of it’s functions by another organs.
 Example, the judiciary should not be independent of the
executive or that minister should be responsible to
parliament; and
 3. one organ of the government should not exercise the
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