Explain the concept of Separation of Powers. What are the provisions in the Indian Constitution which reject separation of Powers?
Main Body
Separation of Powers is a principle which reflect the division of power between different organs of a government to as to avoid concentration of power.
The features of this concept:
Article 50 - As a fact of Directive Principles of state policy an state should take steps for separate executive from executive.
Article 121 & 211 - these articles deal with the provisions that the conduct of judges cannot be observed in either House of Parliament.
Article 122 & 212 - these articles deal with the providing that the proceedings of parliament of state may not be discussed in any court of law.
Article 15 - which provide that members must cease to be a senator for Judges which ensures through security of tenure and ban on practice after retirement.
Provisions of Civil service and judicial service - which ensure the separated executive with holding from judicial functions.
The principle of Separation of Powers is not enshrined specifically in one constitution but necessary provisions have been made in this regard wherever necessary.
Conclusion
Conclusion: The principle of Separation of Powers is not enshrined specifically in one constitution but necessary provisions have been made in this regard wherever necessary.
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Sudipa Dutta
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Separation of Powers Principle
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