Riya Maggu, SRM University Sonipat Delhi-NCR
ABSTRACT:
In ancient times, all the power of the state was vested with the King; he was the sovereign leader, but as the state grew modern, citizens learnt about their rights and duties. Thus, the diversification of the state emerged. Presently, there are three primary organs of the government, namely the legislature, Executive and judiciary, which are responsible for carrying out the functions on behalf of the state. This diversification of functions is often termed as “Separation of Powers”. However, this concept is often conflicted with the power of “Judicial Review” vested with the Higher Courts in the country. Thus, it becomes of utmost importance to define how both these disciplines are interconnected with each other and what are the possible issues in conflict with “Separation of Powers” and “Judicial Review”.
Through this blog post, we will delve deeper into the concerns associated with “judicial review” and “Separation of Powers”, namely, Whether checks and balances strengthen or weaken the separation of powers. Secondly, In what ways does the separation of powers interact with the independence of the judiciary?
Keywords: Judicial Review, Separation of Powers, Independence of Judiciary.
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