LIJDLR

IS IT CHECK AND BALANCE OR CHECKS WITHOUT BALANCE: ANALYSING THE EROSION OF SEPARATION OF POWERS IN PRACTICE

Shivendu Harihar, student of LL.M (Criminology) in Department of Law and Governance, Central University of South Bihar and has completed his LL. B (Hons.) from Faculty of Law, Banaras Hindu University.

Dr. Deo Narayan Singh, Assistant Professor in Department of Law and Governance, Central University of South Bihar (India).

This Article focuses on the key aspects of the theory of separation of power. Separation of power in its actual sense has been differed from what we see in practicality. This article gives an overview of how the separation of powers came as a theory of checks and balance and now it has overturned as the checks without balance. The Author has tried to discuss the role of different organs of the government or different pillars of the Constitution in the Indian context in maintaining an equilibrium, but in today’s context where different pillars are trying to overpower the other pillars, it becomes formidable to justify whether the theory in book succeeded in its proper implementation or failed to gain its rightful dues in the practical world. The Article has tried to portray in its actual sense, why there is need of checks and balances and how it is getting eroded by excessive overreach of power.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1976–1997.
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