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Research Paper Volume 5 Issue 1 1668 - 1679 February 9, 2022

Separation of Power

Lead author · Corresponding
Sahil Patel
Student at Amity University Chhattisgarh, India.
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.112678
Abstract

Doctrine of Separation of Powers states that the personnel, functions and powers of the three organs of the government that is, the legislature, the executive and the judiciary must be kept separate, independent and distinct with no overlaps. It implies that the personnel in the legislative branch are not be involved in the functions which are to be performed by the judiciary or the executive, the judiciary is not to involve with the functions of the executive or the legislature and the executive is not to interfere and involve with the functions and duties of the legislative or judiciary. This research paper discusses on the need, merits and demerits of Doctrine of Separation of Powers. It also gives a brief insight on the system of checks and balances evolved from the Doctrine of Separation of Powers given by Montesquieu and concludes on the impact that this doctrine has over large democracies of the world such as USA, Britain and India.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1668 - 1679
DOI: https://doij.org/10.10000/IJLMH.112678
Creative Commons
CC BY-NC 4.0 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.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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