Law Answer Writing Practice 2018 - Week 5 - Question 2
90 Days Law Answer Writing Practice Question 2 for 10-Dec-2018
Instructions for Writing Answer
1. Write your answers in the comment section.
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3. Model Answers will be uploaded on this page the next day.
4. Rectify your mistakes and progress further.
5. All the Best.
10-Dec-2018 - Question 2
Examine the doctrine of Separation of Powers. Also mention the relevance of this doctrine in India. (2014) - 150 Words
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The Doctrine of Separation of Powers was first formulated by Montesquieu, a French jurist. According to him, there can be no liberty when the legislative and executive powers are united in the same person or body of magistrates. He further emphasized that, judicial power must be separated from the legislature and the executive.
So, the functions of the Government divided into three categories, namely Legislative, Executive and Judicial are to be performed by three different organs, namely Legislature, Executive and the Judiciary. Otherwise the free democracy would lead to tyranny and can have harmful effects on liberty, if not separated.
In India, this doctrine is not strictly applied, but in most situations and cases accepted and applied. The relevance stems from the fact that as sometimes there seems to be controversies attached with it, like President's power to issue ordinance (Executive exercising legislative powers), judicial legislations (Judiciary exercising Legislative powers), among others.
In Ram Jawaya Kapoor vs State of Punjab, the court held that as there is no specific provision related to this doctrine and also owing to complex socio-economic factors, strict separation of powers is undesirable and practically impossible in a welfare state like India.