“Indian constitution is federal in nature” and whenever it comes to law making, we can ascertain the fact that India has two tier governance I.e, the central government and state government . The main aim is to give autonomy to states and centre when it comes to exercise powers on certain subject matters by adopting the approach of power demarcation. The main objective behind separation of powers is to preserve the federal structure of the constitution. The doctrine of separation of power is an anachronic concept having its origin in the 16th century . “It was propounded by Charles De Montesquieu In his book Esprit des lois argued that the liberty of institutions can be assured through the separation of power as it can restrict the arbitrary actions of the government .”[i]
[i] CHARLES DE MONTESQUIEU, DE I’ ESPRIT DES LOIS, [1872].”
