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    Lalit - Separation of Powers

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    Shivam Patel
    The document discusses the separation of powers doctrine. It begins by summarizing Montesquieu's views on separating legislative, executive, and judicial powers to prevent tyranny and ensure liberty. It then states that the research will study how separation of powers balances India's political system, brings political liberty, and impacts national development based on case law. The scope and research methodology are described as analyzing the formation, evolution and issues of separation of powers through legal commentaries and judgments.

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    Lalit - Separation of Powers

    Uploaded by

    Shivam Patel
    285 views3 pages
    The document discusses the separation of powers doctrine. It begins by summarizing Montesquieu's views on separating legislative, executive, and judicial powers to prevent tyranny and ensure liberty. It then states that the research will study how separation of powers balances India's political system, brings political liberty, and impacts national development based on case law. The scope and research methodology are described as analyzing the formation, evolution and issues of separation of powers through legal commentaries and judgments.

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    Lalit- Separation of Powers

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    The document discusses the separation of powers doctrine. It begins by summarizing Montesquieu's views on separating legislative, executive, and judicial powers to prevent tyranny and ensure liberty. It then states that the research will study how separation of powers balances India's political system, brings political liberty, and impacts national development based on case law. The scope and research methodology are described as analyzing the formation, evolution and issues of separation of powers through legal commentaries and judgments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    285 views3 pages

    Lalit - Separation of Powers

    Uploaded by

    Shivam Patel
    The document discusses the separation of powers doctrine. It begins by summarizing Montesquieu's views on separating legislative, executive, and judicial powers to prevent tyranny and ensure liberty. It then states that the research will study how separation of powers balances India's political system, brings political liberty, and impacts national development based on case law. The scope and research methodology are described as analyzing the formation, evolution and issues of separation of powers through legal commentaries and judgments.

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    © All Rights Reserved
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    You are on page 1of 3

    THE NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

    SUBJECT: POLITICAL SCIENCE

    PROJECT TOPIC: SEPARATION OF POWER

    SUBMITTED TO: SUBMITTED BY:


    Assistant Professor Raka Arya Lalit Ahake
    SYNOPSIS
    INTRODUCTION
    The doctrine of “the separation of powers as usually understood is derived from
    Montesquieu, whose elaboration of it was based on a study of Lock’s writings and as
    imperfect understanding of the eighteenth century English Constitution. Montesquieu was
    concerned with the preservation of political liberty. “Political liberty” is to be found he says,
    “only when there is no abuse of power”.
    But constant experience shows that every mans invested with power is liable to abuse it, and
    to carry his authority as far as it will go … To prevent this abuse, it is necessary from the
    nature of things that one power should be a check on another… when the legislature and
    executive powers are united in the same person or body… there can be no liberty … Again,
    there is no liberty if the judicial power is not separated from the legislative and the
    executive… There would be as end of everything if the same person or body whether if the
    nobles or of the people, were to exercise three powers”.
    The question whether the separation of powers (i.e. the distribution of the various powers of
    government among different organs) in so far as is practicable, is desirable, and (if so) to
    what extent, is a problem of political theory and must be distinguished from the question
    which alone concerns the constitutional lawyer namely, whether and to what extent such a
    separation actually exist in any given constitution (Hood Phillips and Jackson 2001:12).
    Thus, according to the doctrine, a person or body must not exercise more than one of the
    powers of government, one arm of government must not control or interfere with the others
    and one arm of government must not exercise the function of the other. This is because as has
    been observed Blackstone:
    In all tyrannical government, the supreme magistrates, or the right both of making and of
    enforcing the laws is vested in one and the same man or one and the same body of men; and
    wherever these two powers are united together, there can be no public liberty.

    STATEMENT OF PROBLEM
    The present research work is an attempt to study in depth the concept of “Separation of
    Power” as supported by necessary case laws as well as to assess its application and relevance
    in the current times.

    RESEARCH QUESTIONS
    1. Does separation of power help to balance the political system of the country?
    2. Does separation of power bring about political liberty in the country?  
    3. Does the separation of power have any impact on the national development?
    SCOPE
    1. Meaning of Separation of Power
    2. Importance of Separation of Power
    3. Origin of Separation of Power
    4. Montesquieu’s theory of Separation of Power
    5. Separation of Power: True Precept
    6. Separation of Power in U.S. and U.K.
    7. Judicial Pronouncements of Separation of Power

    RESEARCH METHODOLGY

    The research methodology used in this project is Doctrinal.

    WORK PLAN

    My project shall involve a detailed analysis of the formation, evolution, types and
    issues of “Separation of Power”. This shall be accomplished by including
    commentaries by legal jurists and judges as well as the latest judgments citing
    relevant authorities.

    This is a sole creation of:


    Name: Lalit Ahake
    Roll No.: 2017BALLB117
    Class: B.A.LL.B. (Hons.) I Year
    Email: ahakelalit1998@gmail.com

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