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Critical Analysis Of Separation Of Power In India, UK And USA




Monika Mahawar, Amity University, Jaipur, Rajasthan

ABSTRACT

This Article mainly Narrate the concept of “separation of power”. In this article the main discussion is focused on separation of power and then moderately come to the concept of comparative study between India UK AND USA. Doctrine of separation of power is very much essential to avoid collision between three forms of government –the legislature, the executive and the judiciary, so that they do not trespass with other’s powers and functions. This concept of division of work is also divide the work burden so that each department perform their functions efficiently and Arbitrariness is also removed so that each organ enjoys their rights according to their area of work.IN USA this concept is strictly applied but in India and UK concept of checks and balance are more prevalent and this concept is also very import so that no one department become more powerful and they do check on each other. The concept of separation of power and check and balance both are essential for smooth running of democratic society.

Assumption: The assumption of writer of this article is-States needs separation of power with check and balance system to protect the liberty of individuals and to maintain democracy in the society.

Keywords: Legislative, Executive, Judiciary, separation of power, system of checks and balance.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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