Question
What is the theory of Division of Powers?

Answer

  • The theory of ‘Division of Powers’ was propounded by the French philosopher Montesquiev According to Montesquiev.
  • $(1)$ The concentration of powers in the hands of a single individual leads to despotic rule and destruction of democracy as well as the rights of the people.
  • $(2)$ Division of legislative, executive and magisterial (judicial) powers is necessary for protection of democracy and the fundamental rights.
  • $(3)$Under the Indian Constitution the legislative powers are given to the legislature, the executive powers to the executive and the judicial powers to the judiciary.
  • $(4)$ in order to ensure independence of judiciary, it has been fully separated from the legislature and the executive branches of the government.

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