Theories Of Montesquieu's Theory Of Separation Of Power

Introduction

“Power tends to corrupt and absolute power corrupts absolutely” - Lord Acton

Philosopher:

Montesquieu was a famous French social commentator and political thinker who became famous for his theory of Separation of power. His theory has been granted in many constitutions throughout the world. Montesquieu has been regarded as a champion of liberty in British Colonies in North America. Montesquieu’s “The Spirit of Laws” was his first attempt to survey human society and study the inter-relationship between various organs of Government.
Montesquieu 's two important works are the Persian letters and The Spirits of laws. The social institutions are explained in The Spirits of Law.
Montesquieu is among the

Montesquieu found that concentration of theory with single person or in hands of few people results in tyrannical form of government. To avoid the conflicts Montesquieu suggested that there should be proper division of power among three organs of government i.e. legislature, executive and judiciary.
Legislature enacts laws, Executive enforces the law and judiciary interprets them and settles the disputes. Thus, Montesquieu propounded the theory and held that each organ of the state should be confined to its own sphere as there should not be overlapping of jurisdiction of the organs of the state.
The theory was propounded as it was believed that if legislative and executive powers are vested in same person then there can be no liberty.
The important features of Montesquieu’s separation of power are:
1) Government of law
2) Independence of Judiciary
3) Checks and

The theory is too rigid to be accepted in many parts of world.
Thus, separation of power mainly focuses on principle that each organ should separately perform its functions and no organ should interfere in the functions of other organs.
Separation of power was not accepted by Indian Constitution because of its absolute rigidity. In can be made clear from case Ram Jawaya v. state of Punjab.
But in case of I.C. Golak nath v. State of Punjab it was stated that three major instruments of power namely legislature, executive and the judiciary are created and they are expected to exercise their power separately without overstepping their limits and should functions with the spheres allotted to them.
But over a period of time the doctrine of separation of power became the basic structure of constitution after the landmark judgement in Keshvananda Bharti v. Union of India.
Indian constitution is well built document. It has three separate organs and all functions are separately by all different organs. Thus, there is no overlapping of