TOPIC-

TOPIC- DOCTRINE
DOCTRINE OF
OF SEPERATION
SEPERATION OF
OF POWER
POWER

SUBJECT-
SUBJECT- LAW
LAW FOR
FOR MARITIME
MARITIME MANAGERS
MANAGERS

 Submitted to-MS.VISHWA BHATT

 Submitted by –SAURABH RAI
( MBA SHIPPING & LOGISTICS SEM-1)
  INTRODUCTION:

 In our Constitution, the Separation of Power can be

described into three branches Executive, Legislature and
Judiciary.
 The purpose of the separation of powers is to protect
society from abuse of power by individual or groups of
people.
 It also protects society from the arbitrary, irrational and
dictatorial forces of the country.
 According to the theory of separation of powers,
these three powers & functions of the government
must be in a free democracy.
 And it should always kept separate and be exercised
by separate organs of the government.
 This Ideology is based on Polarity rather than
rigorous classification, which means that the center
of authority must be splitted in order to avoid or to
Autocracy.
  EXECUTIVE BRANCH

• The head of this branch is the President of India.

• The president holds is office for a fix period of time. In
Indian constitution of article 56 states that the president
can hold the office for 5 Years.
• In the article 361 of Indian constitution the president or
the governor of the state shall not held liable in any
court for exercise and execution of his office power and
duties, or any action done during their office held
tenure.
  LEGISLATIVE

• The main task of legislature is to make and pass the law

in the benefits of citizens of the country.
• According to the article 79 of the Indian constitution the
union council of parliament includes of the president and
two houses: The Rajya Sabha (council of the states) and
the Lok Sabha (people’s assembly)
• 1.) The lower house (Lok Sabha)
• 2.) The upper house (Rajya Sabha)
  JUDICIARY

• The Indian Judiciary system is a court system that

interpret law and applies the law. India’s court divided
into 3 levels with its own set of subordinate courts.
• The high courts are the highest judicial body in each
state they are handled and monitored by the chief judges
of the respective state. District court are also called
lower court they are under the high court of that
particular state they are regulated by district or session
judges.
 SEPARATION OF POWERS IN USA

• The legislative power hold by congress, executive

power by the president, & the judicial power retain by
the Supreme Court.
• There is a mechanism of “check and balances” in the
U.S. constitution & if any law made by the one arm of
the government it can’t be exercised by the other arm.
• The doctrine of separation of power was adopted in the
year 1787 in the America when us constitution was
framed but as the time passed it has been relaxed.
• Now the president uses legislative functions by using
his veto power. The congress has the judicial power of
impeachment, & the legislature has the executive power
over bilateral agreements.
  conclusion
• If we look at the Indian constitution we can say that
the formally executive powers are with president,
legislative power are with the parliament, & legal
powers are with the judiciary.
• Parliament has the authority to enact whatever law it
see fit, subject to the restrictions of the constitution
and there is no restriction on its authoritative power.
• But it cannot null and void and decision given by court.
Similarly, the judiciary is autonomous in its domain
neither the executive nor the legislature can interfere
in the judicial system.
• However a, detailed examination of the
constitutional provisions reveals that the
idea of separation of powers has not been
adopted in India in a formal sense.
• Thankyou