The Principle of Separation of Powers: A Comparison between the British and the Indian Legal Systems

The principle of separation of powers is integral to the constitution of any democratic country. The principle advocates for a distribution of powers amongst the legislature, judiciary and executive, ensuring that the power vested into one department of the government is not absolute and corrupt. However, the key to successfully safeguarding democracy lies in the partial separation of powers amongst the three organs of the government. The organs have an intertwined relationship and are not completely distinct, creating a system of checks and balances. This system guarantees that each department is placed in check by another, restraining an arbitrary exercise of power. In the UK, such a partial separation of powers is encouraged through the courts and executive placing limitations on the legislature. However, the same cannot be said for India since the executive seems to allow the legislature to flagrantly abuse its power. Therefore, through this research paper, I aim to compare the ways in which the two legal systems adopt this key constitutional principle of separation of powers.