Separation of Power according to the Indian Constitution and its Merits/Demerits

  • Maryam Sana
  • Show Author Details
  • Maryam Sana

    Student at Symbiosis Law School, Hyderabad, India

Abstract

The Constitution is a set of rules and that determines the composition and functions of the organs of central and local government in a state and regulates the relationship between the individual and state. The constitution of India guarantees power to the people, and it’s the people who choose the government. The government of India, usually condensed as GoI, is created or made by the Constitution of India, as the three heads, the legislative, the executive, the judiciary. The constitution dedicates the separation more on the basis of functions rather than power. It divides and separates functions under three heads that collectively develops a system of check and balance, and governs the country. The legislature is the body that makes laws and policies according to which a country is governed. The executive is the branch that enforces the laws in the country. The judiciary is the part which protects the law, it resolves the disputes and ensures the correct law is followed and justice is served. This division of functions and powers is done because the power would not be vested or concentrated in a few hands, so the powers wouldn’t be misused. This division is what we are going to discuss further in the paper. The merits of division and how it helps in the smooth running of the country also, the demerits of this separation is what we are going to note.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 1686 - 1695

DOI: https://doij.org/10.10000/IJLMH.11598

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021