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SEPARATION OF POWER IN INDIAN CONSTITUTION

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Recently, demand of executive representation in collegium system had started debate over doctrine of separation of Power in Indian Constitutional setup. Importance of Separation of Power • Protect Rights and Liberty of Citizens. For example, SC in K. S. Puttaswamy (Retd.) vs Union of India case reaffirmed right to privacy as a fundamental right. • Distribution of powers leads to limited powers with each organ, thus prevents rise of dictatorship or anarchy and promote constitutional supremacy. • Creates functional specialization among different institutions, ensuring efficiency in government. • Minimizes conflict among government institutions. • Ensure judicial independence. Issues in Separation of Power in India • Challenges in Division of function:  This doctrine assumes that three functions of Government are independent and distinguishable from one another. * However, in practice, there can be an overlap in their functions and powers, leading to conflicts and challe...