There and therefore he was similar to present

There is an
underlying connection between the principles of rule of law and separation of
power. In a system governed by rule of law there should not be any absolute
power being run at the whims of the ones having the source of the same.515
Therefore if there is no source of power in the first place; then chances of
the power being exercised whimsically by a body become even less and distant. The
concept of Separation of Power has been derived to reduce the likelihood of government
violating the rights of individuals. The basic assumption behind this concept is
that when a single person or group has a large amount of power, they can become
dangerous to citizens. The Separation of Power is a way of removing the amount of
power in any group’s hands, making it more difficult to abuse.

It has been known that
Separation of power had been founded by the Montesquieu and Locke but its  roots are found in the Vedas. If we study the
Smritis which are ancient source of law i.e. Dharma, we find such type of
separation. 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 did
a job to maintain law and order and Kaji was the judicial head. At the same
time we have to bear in mind that they all are subordinate to the King and King
was the supreme authority who makes the law and therefore he was similar to
present form of legislature. In short, what comes out is that in ancient time
also there was a separation of power in one province or legacy. After all, King
is known as the supreme authority of all but the functions and powers has been
separated.

The value of this
doctrine lies in that it attempts to preserve human liberty by avoiding the
concentration of powers in any one person or body of person. As stated by
Madison- “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 of
tyranny.” And for the prevention of this tyranny, the doctrine of separation of
power holds its greatest importance.

 

 There is an
underlying connection between the principles of rule of law and separation of
power. In a system governed by rule of law there should not be any absolute
power being run at the whims of the ones having the source of the same.515
Therefore if there is no source of power in the first place; then chances of
the power being exercised whimsically by a body become even less and distant. The
concept of Separation of Power has been derived to reduce the likelihood of government
violating the rights of individuals. The basic assumption behind this concept is
that when a single person or group has a large amount of power, they can become
dangerous to citizens. The Separation of Power is a way of removing the amount of
power in any group’s hands, making it more difficult to abuse.

It has been known that
Separation of power had been founded by the Montesquieu and Locke but its  roots are found in the Vedas. If we study the
Smritis which are ancient source of law i.e. Dharma, we find such type of
separation. 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 did
a job to maintain law and order and Kaji was the judicial head. At the same
time we have to bear in mind that they all are subordinate to the King and King
was the supreme authority who makes the law and therefore he was similar to
present form of legislature. In short, what comes out is that in ancient time
also there was a separation of power in one province or legacy. After all, King
is known as the supreme authority of all but the functions and powers has been
separated.

The value of this
doctrine lies in that it attempts to preserve human liberty by avoiding the
concentration of powers in any one person or body of person. As stated by
Madison- “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 of
tyranny.” And for the prevention of this tyranny, the doctrine of separation of
power holds its greatest importance.

 

 

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