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  • Separation of Power: Dr. Priyanka R

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    PAULOMI DAS
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    The document discusses the concept of separation of powers as originated by Aristotle and developed by Locke and Montesquieu. It was promoted as a way to safeguard against tyrannical rule by dividing government into three branches: the legislature, executive, and judiciary. The document also examines opinions on separation of powers from scholars like John Locke, Aristotle, and Montesquieu, and references several Indian court cases related to the topic.

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    SOP unit 1

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    The document discusses the concept of separation of powers as originated by Aristotle and developed by Locke and Montesquieu. It was promoted as a way to safeguard against tyrannical rule by dividing government into three branches: the legislature, executive, and judiciary. The document also examines opinions on separation of powers from scholars like John Locke, Aristotle, and Montesquieu, and references several Indian court cases related to the topic.

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    © All Rights Reserved
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    12 views5 pages

    Separation of Power: Dr. Priyanka R

    Uploaded by

    PAULOMI DAS
    The document discusses the concept of separation of powers as originated by Aristotle and developed by Locke and Montesquieu. It was promoted as a way to safeguard against tyrannical rule by dividing government into three branches: the legislature, executive, and judiciary. The document also examines opinions on separation of powers from scholars like John Locke, Aristotle, and Montesquieu, and references several Indian court cases related to the topic.

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    Separation of Power

    Dr. Priyanka R.
    Meaning and Opinion of Different
    Thinker’s
    Originated by Aristotle
    Developed by Locke
    Made Popular by Montesquieu
    To safeguard against tyrannical and
    arbitrary powers of the state
    Checks and Balance
    Separation of Power under three head
    A/C Montesquieu- Legislature, Executive and
    Judiciary
    Ram Jawaya Kapur V. State of Punjab AIR
    1955
    Indira Nehru Gandhi V. Raj Narayan AIR 1975

    Executive Legislative Judiciary


    Opinion of Scholars
    1. According to John Lock
    2. According to Aristotle
    3. According to Montesquieu
    4. According to K.T. Shah
    5. According to Hanumanthya
    6. According to B. R. Ambedkar
    Case Laws
    Assif Hameed V. State of J & K AIR
    1989
    State of Bihar V. Bihar Distillery Ltd.
    AIR 1977
    Indira Nehru Gandhi V. Raj Narayan
    AIR 1975

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