NLIU LAW REVIEW

Separation of Powers: A comparative study of India, U.S.A., U.K. and France

Vinita Choudhary here gives us a comparative study between the separation of powers between India, U.S.A., U.K. and France.

Abstract

The doctrine of separation of power is integral to the theory of the rule of law. The classical conception of the doctrine advocated for a strict separation among the three main organs of the State, namely, the legislature, executive and the judiciary. However, the postulation has undergone significant changes over time. This can be deduced through an analysis of the interrelationship among the organs of the government in countries like India, USA, UK and France. The doctrine has evolved from being construed in its strict sense to being perceptive of the interdependence of these organs. In this sense, the doctrine of separation of powers has assumed a different character which can be construed as a system of checks and balances. However, the inherent significance of the doctrine remains intact. Even though the classical conception of the doctrine cannot be applied to the modern world, the essence of the doctrine pertaining to dispersal of central authority to prevent autocracy holds relevance even today.