Separation of Power and Rule of Law in India | Administrative Law

Hello Friends, Welcome to Finology Legal!
In Today`s Video Lecture I am dealing with Administrative Law Concepts – Separation of Power in US and India and Rule of Law in India – in Hindi
Both the Concepts are very Nicely enshrined in our Indian Constitution. Aaj humaare pats Parliamentary System of Government, Universal Adult Franchise, Democracy, etc., jaise strong concepts present hai. Par in ancient times, the most preferred form of Government was Monarchy! Wherein either a King or a Queen assumed all the powers. They were neither accountable nor Answerable to anyone. Aise main State ki poori machinery ink control main hot the and State ink benefit ke liyye act karta tha, aur citizens ke rights safeguard nahi ho paate the.

Issi Arbitrariness se bachne ke liyye Separation of Power as an alternative saamne aaya. Iske main Proponents the ‘ALM’ – Aristotle, Locke and Montesquieu.
Montesquieu ne apni book “The Spirit of Laws” main ye kaha ki – We should not concentrate all powers under one Head – He suggested that the Functions and Powers of the Government should be Divided into 3 Organs i.e., Legislature, Executive and Judiciary. Every organ should be distinct from the other with proper distribution of Power. No Organ should Encroach, interfere or Intervene with the functions of any other Organ. – This is Separation of Power.

U.S.A. was the first country to adopt Separation of Power, They Adopt this Principle in Strict Sense. Article 1, 2 and 3 of the U.S. Constitution in a way talks about Separation of Power. They also have the System of Checks and Balances which is a Natural Extension of Seperation of Powers.

In India we follow Seperation of Power in Broad Sense only, and not in Rigid or Strict Sense.
In Indira Nehru Gandhi v. Raj Narain, the Supereme Court said that

Coming To Rule Of Law – It says that a Government should be based on Principles of Law – and not on the whims and Fancies of just any Person. There should be Supremacy of Laws and not of Government. Rule of Law prescribes 3 Principles:
Supremacy of Law
Equality before Law
Predominance of Legal Spirit

In Kesavananda Bharati v. State of Kerala, the Supreme Court has clearly stated the Rule of Law is a part of the Basic Structure of the Indian Constitution.

I have also discussed A.D.M. Jabalpur v. Shivakant Shukla in this Video

***Do let me know through Comment Section Below, How did you Find this Video on Separation of Power and Rule of Law In India

^Article 12 –
^Article 13 –
^Article 14 –
^Article 15 –
^Article 16 –
^Article 19 –
^Recent Supreme Court Judgement on Section 377 –

Instagram: @finologylegal

Thank you for watching!

📜 Suggested Books 📜

📚INDIAN POLITY
1. Indian Polity in English –
2. Hindi –

📚CLAT LL.B. (Undergraduate)

📚 CLAT LL.M (Post-Graduate) –

📚 Books for CONSTITUTION:-
1.
2.
3.

📚 Jurisprudence

📚 INTERESTING READ FOR EVERY STUDENT

Watch more new videos about Law | Synthesized by Mindovermetal English