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The Baffling Challenges of Doctrine of Separation of Powers

Author: Gurneet Kaur, Student, ICFAI UNIVERSITY, DEHRADUN, India

ABSTRACT The Doctrine of separation of powers, also a part of Basic Structure of the Indian Constitution that provides with the division of powers among the various organs of the government namely, Legislature, Executive and Judiciary is nowhere mentioned and indicated in the Indian Constitution. These powers of the organs are dispensed in such a manner so as to ensure the effective functioning of the country. However, despite such division of powers, our system witnesses and spots the overlapping and inter-weaving of powers. This article is an attempt to analyze the scope of powers of three organs of the government in relation to the lawfulness of dreadful practices of encounter killings and custodial deaths. Further, how this doctrine of separation of powers is neglecting and abandoning the due process of law and breaching the Rule of Law. In addition to this, the article is an attempt to limelight the instability in the political system due to unbalanced decision of powers and the existing corruption. The unconstitutionality of the doctrine resulted into baffling and hindering challenges which in turn depicts the inefficiency of our government servants. Despite the check and balances system, the institutional role of Judiciary is in question and also the executive control over the judiciary. It should be noted that the doctrine of Separation of Powers has not been given constitutional status and despite having several guidelines, legislations, and amendments, India which is also the world’s largest democracy witness end numbers of shameful practices from indulging into black money to the fake encounter killings.

Keywords:Indian democracy, Basic Structure, Separation of Powers, constitutionality, encounters, custodial deaths, honor killing, check & balance, power division.

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