The ‘Separation of Powers’ is a doctrine that has exercised the minds of many. Ancient philosophers, political theorists and political scientists, framers of constitutions, judges and academic writers have all had cause to consider the doctrine through the centuries. The separation of powers is a doctrine not a legal principle.

The concept of separation of power has played a major role in the formation of constitution. The extent to which powers can be exercised should be separate and distinct. The essence of the doctrine is that there should be ideally a clear demarcation in function between the organs. Generally we have seen separation of power is one of the debating and challenging where there are so many controversial issues against this doctrine. Some said there must be strict separation of powers in the state, some body argued no separation, there are fusion of powers. Many support the theory of cheeks and balances. In general sense every state has the three wings, such as executive, legislature and judiciary. They are interrelated to each other. Though peoples theoretically believe there is separation of powers but practically impossible.

On the other hand according to Article 22, 26, 55, 65, 94(4), 107, 109 & 116A of the Constitution of Bangladesh we can say that the doctrine of separation of power is well established in Bangladesh constitution. Anchored by the Bangladesh Constitution first three articles of the country, Legislative, Executive and the Judiciary (judicial) make up our three branches of government. The Constitution clearly lays down the foundations of a judiciary that is separate and independent from the other branches of government. It was introduced in recognition of the fact that the efficiency of the judiciary and the entire justice system depends largely on the independence of the judiciary.