Bridging the underlying gap and complexities: separation of power and administrative law making

Aashna, , and Singh, Ankita (2021) Bridging the underlying gap and complexities: separation of power and administrative law making. Indian Journal of Law and Legal Research, 2 (2). pp. 1936-1942. ISSN 2582-8878

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Abstract

India being a constitutional democracy follows a Westminster model of governance, wherein its operations are divided into three essential organs, namely the legislature, the judiciary, and the executive. Each of these organs is obligated to perform its independent functions so that a ‘separation of powers’ is maintained and no organ can overpower the other. However, it remains pertinent to note that in a developing democracy like India wherein the legislature is ought to undertake the function of law making it may be influenced by the other organs. This leads us to our research question- Can there possibly be a balancing mechanism between separation of power and administrative law-making? And have Indian Courts struck that balance? In this research paper, we aim to analyse the role of the Indian courts and the constitution, with respect to the maintenance of separation of powers and administrative law-making, through judicial precedents.

Item Type: Article
Uncontrolled Keywords: Separation of powers | administrative law | legislature | executive | judiciary | constitutional law
Subjects: Social Sciences and humanities > Social Sciences > Political Science
Social Sciences and humanities > Social Sciences > Public Administration
Divisions: Jindal Global Law School
Depositing User: Mr. Arjun Dinesh
Date Deposited: 15 Sep 2022 12:48
Last Modified: 01 Apr 2026 05:01
Official URL: https://doi-ds.org/doilink/08.2021-87197663/IJLLR/...
URI: https://pure.jgu.edu.in/id/eprint/4529

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