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Part IV Separation of Powers, Ch.15 Separation of Powers

Justice (Retd) Ruma Pal

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

This chapter examines how the issue of separation of powers is treated in the Indian Constitution. More specifically, it considers whether the separation of powers is a principle in the constitutional law of India and if so, what sort of doctrine of separation of powers is embraced by the Indian Constitution. The chapter begins with an overview of the three models of separation of powers articulated in the Indian Constitution, along with the constitutional provisions showing the functional overlap between the executive, legislature, and judiciary. It then turns to a discussion of the legislative branch’s judicial powers under the Constitution, as well as its control of the judiciary; the executive’s administration, legislative, and judicial functions; and the courts’ judicial power and independence. Finally, it looks at the allocation of powers relating to governance to autonomous bodies such as the Election Commission and the Comptroller and Auditor-General.

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