Kajal Laxman Jaiswal, LL. B, Shree L. R. Tiwari College of Law
ABSTRACT
The concept of "Separation of Power" is acknowledged and approved by all governments, albeit each nation has a different level of application for it. The rigorous division of responsibilities and duties among the legislative, executive, and judicial branches is known as the separation of powers. In his book Spirit of Law, Montesquieu first introduced the idea of the division of powers.
The article compares and contrasts the concepts of separation of powers in India, France two distinct nations. A quick explanation of the concept of the separation of powers, its deeper meaning, and his contribution to the subject are provided in the first section. Later in the article, the emphasis shifts to the application of separation of powers in India, where it has been determined by a number of Supreme Court rulings that there isn't a rigid implementation of this concept there. The report also clarifies France's concept of separation of powers, which calls for two distinct courts—one for civil issues and another for administrative matters. As a result, the two courts are independent, guaranteeing the general public just and reasonable proceedings. Maintaining the division of powers among the three branches of government is nearly impossible in all nations, though, given the current state of affairs. It can be said that there is a division of roles rather than a rigid division of au This abstract explores the contemporary dynamics of the separation of powers, examining its manifestation in both France and India. As the cornerstone of democratic governance, the separation of powers ensures a system of checks and balances, preventing the concentration of authority. France, with its rich history of political philosophy, has evolved its own model, while India, a diverse and rapidly growing democracy, grapples with the challenges of adapting this principle to its unique socio-political landscape. The abstract delves into the current state of the separation of powers in both countries, identifying areas of strength and weakness. Drawing parallels between the two, it aims to shed light on the nuances that define their respective approaches. Additionally, it highlights the need for a nuanced reevaluation of the separation of powers in India, proposing reforms to address specific challenges and align the system with contemporary demands. The research aims to explicate the notion of separation of powers in contemporary democracies and clarify all aspects pertaining to the federal government and its branches, including the legislative, judiciary and executive. Their responsibilities are tied to one another, and they are all related to one another responsible to one another. In order to improve a nation's governance, they will adopt and carry out the role and put the division of powers into practice. This includes taking into account not only constitutional frameworks but also the practical ramifications and public expectations in the context of India's continuous journey with the separation of powers. The study makes the case that modifying the division of powers to meet India's changing requirements will strengthen and improve the country's democratic governance framework. The doctrine of separation of powers is a fundamental principle in modern governance, rooted in the works of political philosophers like Montesquieu. This concept aims to distribute governmental authority among distinct branches typically the executive, legislative, and judicial in order to prevent the abuse of power and safeguard individual liberties. In practice, this means that each branch has specific functions and limitations, reducing the risk of tyranny and fostering a more equitable distribution of authority. In modern views, the separation of powers is seen as essential for maintaining the rule of law. It serves as a bulwark against tyranny, upholds the rule of law, and strives to strike a balance that promotes effective governance while protecting individual freedom.
Keywords: Montesquieu, separation of power, modern views, assembly debates, check and balance, judicial opinion.
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