INTRODUCTION
The Theory of separation of powers was propounded and popularized by the French political analyst Montesquieu. Published in 1748, his work on the theory titled ‘Esprit des Lois’ (The Spirit of the Laws), extensively discussed the doctrine and gave it a systematic and scientific design. The inspiration of this doctrine may have originated in the Aristotelian era and was consequently explored by the 16th and 17th century political philosophers John Bodin and John Locke.
According to Montesquieu’s conception of the doctrine of separation of powers no one person or body should be vested with all three types of powers and there must be a division of functions on the basis that the legislature should make laws but not administer or enforce them, the executive must administer the made laws but neither influence the legislature in the making of the laws nor stand in judgment of the same and the judiciary must determine rights and uphold justice without taking over the functions of law-making or administration. It was further explicated that such separation is necessary in order to ensure that justice does not become arbitrary and capricious.
The Supreme Court applies the structural provisions of the Constitution by relying on an overarching framework of “separation of powers.” In Indian Constitution, there are mentioned provisions in relation to separation of power but there is functional overlapping.
DEVELOPMENT
In India, the doctrine cannot claim any historical