EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH

AUTHOR – DR AVINASH BHAGI, ASSOCIATE PROFESSOR OF LAW, GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, GUJARAT, INDIA

BEST CITATION – DR AVINASH BHAGI, EVOLUTION OF THE DOCTRINE OF SEPARATION OF POWER AND JUDICIARY AS A SEPARATE BRANCH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 963-974, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The ultimate objective of a Constitution of a democratic republican country is to make the government a limited government ensuring the rights of its citizens by establishing a rule of law. The doctrine of separation of powers has played a significant role in achieving this objective. In fact, it becomes an inseparable part of a Constitution of any Nation. The scheme of all Constitutions of the world are based upon this doctrine. However, the meaning, scope and application of this doctrine is not the same in all the Constitutions and it differs from country to country as a result of which a lot of confusion is attached to the meaning and application of the doctrine. This is due to the historical reasons and the combination of different theories attached to the doctrine. Due to this confusion and lack of any precise meaning, the questions have been raised from time to time with regard to the significance as well as the practical utility of this doctrine. Therefore, study of the evolution of this doctrine is essential to understand the true meaning of the doctrine of separation of powers and its significance in the contemporary world. This paper carries out the detailed study of the history of the doctrine of separation of powers and traces out the evolution of the doctrine with an objective to understand its meaning in true perspective. The paper further demonstrates the evolution of the three organs of the governments, more importantly, the evolution of the judiciary as a separate branch, which in fact is one of the most important contributions of the doctrine of separation of powers.