IJSRP, Volume 3, Issue 11, November 2013 Edition [ISSN 2250-3153]
Nidhi Singh, Anurag Vijay
- The present Article is an attempt to analyze the scheme of Separation of Powers as envisaged under the Indian Constitution and the difficulties faced by the three wings of the government in practice while implementing the provisions of the Constitution in letter and spirit. The author also draws a comparative analysis with the American Constitution scheme of Separation of Powers. Throughout the course of the paper various foreign and Indian cases have been discussed wherein the Courts have recognized that there is no clear straightjacket formula to determine separation of powers. Given the complexity of the democracies all over the world, overlap in jurisdiction is bound to arise.