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The Doctrine of Separation of Power in India with Special Reference to Administrative Law

  History and Origin of the Concept The Doctrine of Separation of Powers is a crucial component of a constitutional form of government. It first developed and flourished within the American constitution. Some commentators have considered its wide acceptability the chief reason why the administrative process was relatively slow to develop in the USA. The Doctrine of Separation was conceived in its modern form by the French philosopher Montesquieu within the intellectual milieu that prevailed during the period preceding the French Revolution. He emphasized the significance of keeping the three branches of the modern state- the judiciary, executive and legislative separate from each other. Montesquieu gave voice to an emerging political doctrine in late eighteenth-century France that considered too much concentration of political power in the hands of one individual a factor of tyranny and arbitrariness. It was argued that each of these organs must confine its area of authority to o