There and therefore he was similar to present

There is anunderlying connection between the principles of rule of law and separation ofpower.

In a system governed by rule of law there should not be any absolutepower being run at the whims of the ones having the source of the same.515Therefore if there is no source of power in the first place; then chances ofthe power being exercised whimsically by a body become even less and distant. Theconcept of Separation of Power has been derived to reduce the likelihood of governmentviolating the rights of individuals. The basic assumption behind this concept isthat when a single person or group has a large amount of power, they can becomedangerous to citizens. The Separation of Power is a way of removing the amount ofpower in any group’s hands, making it more difficult to abuse. It has been known thatSeparation of power had been founded by the Montesquieu and Locke but its  roots are found in the Vedas. If we study theSmritis which are ancient source of law i.e.

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Dharma, we find such type ofseparation. In Narad Smriti we trace the very principle of separation of power.At that time Deewan was head of the Executive wing of any legacy, Senapati dida job to maintain law and order and Kaji was the judicial head.

At the sametime we have to bear in mind that they all are subordinate to the King and Kingwas the supreme authority who makes the law and therefore he was similar topresent form of legislature. In short, what comes out is that in ancient timealso there was a separation of power in one province or legacy. After all, Kingis known as the supreme authority of all but the functions and powers has beenseparated.The value of thisdoctrine lies in that it attempts to preserve human liberty by avoiding theconcentration of powers in any one person or body of person. As stated byMadison- “The accumulation of all powers, legislative, executive and judicial,in the same hands whether of one, a few, or many and whether hereditary,self-appointed or elective, may justly be pronounced the very definition oftyranny.

” And for the prevention of this tyranny, the doctrine of separation ofpower holds its greatest importance.  There is anunderlying connection between the principles of rule of law and separation ofpower. In a system governed by rule of law there should not be any absolutepower being run at the whims of the ones having the source of the same.

515Therefore if there is no source of power in the first place; then chances ofthe power being exercised whimsically by a body become even less and distant. Theconcept of Separation of Power has been derived to reduce the likelihood of governmentviolating the rights of individuals. The basic assumption behind this concept isthat when a single person or group has a large amount of power, they can becomedangerous to citizens. The Separation of Power is a way of removing the amount ofpower in any group’s hands, making it more difficult to abuse.It has been known thatSeparation of power had been founded by the Montesquieu and Locke but its  roots are found in the Vedas.

If we study theSmritis which are ancient source of law i.e. Dharma, we find such type ofseparation.

In Narad Smriti we trace the very principle of separation of power.At that time Deewan was head of the Executive wing of any legacy, Senapati dida job to maintain law and order and Kaji was the judicial head. At the sametime we have to bear in mind that they all are subordinate to the King and Kingwas the supreme authority who makes the law and therefore he was similar topresent form of legislature. In short, what comes out is that in ancient timealso there was a separation of power in one province or legacy. After all, Kingis known as the supreme authority of all but the functions and powers has beenseparated.The value of thisdoctrine lies in that it attempts to preserve human liberty by avoiding theconcentration of powers in any one person or body of person.

As stated byMadison- “The accumulation of all powers, legislative, executive and judicial,in the same hands whether of one, a few, or many and whether hereditary,self-appointed or elective, may justly be pronounced the very definition oftyranny.” And for the prevention of this tyranny, the doctrine of separation ofpower holds its greatest importance.