DOCTRINE OF SEPARATION OF POWERS AND ITS MODERN RELEVANCE

AUTHOR – PRIYANSHI KAUSHIK, AMITY UNIVERSITY, LUCKNOW

 BEST CITATION – PRIYANSHI KAUSHIK, DOCTRINE OF SEPARATION OF POWERS AND ITS MODERN RELEVANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 167-178, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of separation of powers represents one of the fundamental principles of constitutional governance. It aims to prevent the concentration of authority by distributing the powers of the state among the legislature, the executive, and the judiciary. Historically rooted in Enlightenment philosophy and systematically developed by Montesquieu, this doctrine has influenced both the American and Indian constitutional frameworks. In India, although the separation is not rigid, judicial interpretations and the doctrine of the basic structure ensure that the independence of each organ is maintained, safeguarding liberty and promoting accountability. This paper examines the theoretical foundations, historical evolution, and constitutional implementation of the doctrine in India. It also explores contemporary challenges, including the functioning of administrative agencies, judicial activism, and the interaction between branches during emergencies. The analysis concludes that, despite practical limitations, the doctrine remains essential for maintaining constitutional balance, protecting rights, and ensuring accountable governance.

Keywords: Separation of Powers, Judiciary, Legislature, Executive, Basic Structure Doctrine, Judicial Review, Administrative Law, Indian Constitution.