GS IAS Logo

< Previous | Contents | Next >

5.2. Judicial Pronouncements on the Doctrine in India

The debate about the doctrine of separation of powers, and exactly what it involves in regard to Indian governance, is as old as the Constitution itself. Apart from the directive principles of state policy (DPSP) laid down in Part-IV of the Constitution which provides for separation of

judiciary from the executive, the constitutional scheme does not provide any formalistic division of powers. It appeared in various judgments handed down by the Supreme Court after the Constitution was adopted. It is through these judicial pronouncements, passed from time to time, that the boundaries of applicability of the doctrine have been determined.

 

5.2.1. re Delhi Laws Act Case, 19515.2.2. Kesavananda Bharti case, 19735.2.3. Indira Nehru Gandhi v. Raj Narain, 19755.2.4. Other cases