DOCTRINE OF SEPARATION OF POWERS AND JUDICIAL REVIEW: STRIKING A CONSTITUTIONAL BALANCE
AUTHOR – DR. JYOTI YADAV* & ALOK KUMAR**
* PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
BEST CITATION – DR. JYOTI YADAV & ALOK KUMAR, DOCTRINE OF SEPARATION OF POWERS AND JUDICIAL REVIEW: STRIKING A CONSTITUTIONAL BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 443-448, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The doctrine of separation of powers is one of the fundamental tenets of constitutionalism, designed to avoid the concentration of power and to secure liberty through checks. Judicial review, as a constitutional instrument, gives the judiciary the ability to review actions taken by the legislature and the executive to ensure that they are consistent with the provisions of the constitution. Despite the two instruments, the aim is to ensure the supremacy of the constitution and the rule of law and not the rule of man. As their relationship has often been fraught with tension, especially in constitutional democracies where the judiciary is actively engaged in defending constitutional rights. In the Indian context, this tension is most apparent in the debate over judicial activism, judicial restraint, and judicial overreach. This paper will critically assess the relationship between the doctrine of separation of powers and judicial review, primarily in the Indian constitutional tradition, with comparative insights from other systems. It argues that judicial review, when exercised within constitutional limits and guided by institutional restraint, does not violate separation of powers but rather strengthens the constitutional balance envisioned by the framers. The study concludes that a functional and cooperative interpretation of separation of powers is essential for sustaining democratic governance, the rule of law, and constitutional supremacy.
Keywords: Separation of Powers, Judicial Review, Constitutional Balance, Judicial Restraint, Rule of Law