Separation of Powers in India(Case Laws) by Zainub @LEXCLIQ

Aristotle gave the concept of Separation of power, and Locke gave principles to this theory which later Montesque propounded it. Giving it’s main functions and principles.

In a free democracy there are 3 organs of the Government:

  1. Legislative to make laws
  2. Judiciary court system
  3. Executive regulate laws

It will decrease the arbitrariness of the State.

In U.S they have :

  1. Legislature- by Congres
  2. Executive- by President
  3. Judiciary- by Courts

 

In India- Recognizes separation of power but not in rigid sense, as stated in case- Indira Gandhi vs Raj Narain  so that there will be no arbitrariness in working of State.

as With changing times law making has become more and more complex and technical matter, and it has to be perfect. Legislature can’t keep checks on everything, discuss and authorize all the regulatory measures, so for a welfare state we need delegated legislation.

Gwalior Rayon Mills Mfg. Co. Ltd. Vs Asstt. Commissioner of Sales Tax

Supreme Court observed that because of time restrictions legislation hardly keeps check over every detail, so for the flexibility, elasticity and opportunity of experimentation, we need delegated legislation. And it emerged because of practical necessity and pragmatic needs of modern welfare State.

Case- State of Rajasthan vs Basant Nahata

Supreme Court held that legislature delegating it’s power to executive is a constituent element under Article 245 of the Constitution, but such delegation cannot be left open, unanalyzed and unguided. Executives have to act within certain guidelines and standards as laid down by the legislature.

Kishan Prakash vs Union of India

Supreme Court gave the test of constitutional limit of delegated legislation. And stated that Legislation must lay down certain guidelines and should set proper limits on the delegation powers on whom they have been conferred. Delegation will only be legitimate if they are being laid down on certain guidelines as embarked by the legislation.

So, yes India does not follow separation of power in strict sense but follows it in broader sense.

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