Que. Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.
क्या आपके विचार में भारत का संविधान शक्तियों के कठोर पृथक्करण के सिद्धान्त को स्वीकार नहीं करता है, बल्कि यह ‘नियंत्रण एवं संतुलन’ के सिद्धान्त पर आधारित है? व्याख्या कीजिए।
Structure of the Answer
(i) Introduction: Briefly define how the Indian Constitution favors “checks and balances” over strict “separation of powers” to maintain efficient governance.
(ii) Main Body: Explain how each branch exercises “checks and balances” over the others with specific provisions, supporting democracy and constitutional integrity.
(iii) Conclusion: Conclude by emphasizing that “checks and balances” promote effective, balanced governance while preventing power concentration in any branch.
Introduction
The “Constitution of India” incorporates a “checks and balances” model rather than strict “separation of powers,” enabling flexibility among branches. This structure enhances democratic functioning by providing oversight, fostering accountability, and preventing power monopolies.
Legislative Checks on Executive and Judiciary
The legislature holds several powers to oversee and regulate both executive actions and certain judicial processes, enhancing democratic accountability.
(i) Question Hour and Debates: Through questioning ministers, Parliament scrutinizes executive policies, promoting “transparency” and “accountability.”
(ii) Impeachment Powers: Parliament can impeach the President and judges for misconduct, ensuring integrity within both executive and judiciary.
(iii) Approval of Budgets and Policies: Legislative authority over budgets checks executive expenditure, maintaining fiscal discipline and preventing unauthorized spending.
(iv) Oversight Committees: Parliamentary committees, like the Public Accounts Committee, evaluate government actions, fostering efficient governance.
(v) Amendment of Laws: Parliament can amend laws to address judicial interpretations, reinforcing legislative supremacy and dynamic governance.
Executive’s Role in Balancing Legislature and Judiciary
The executive branch has defined powers to interact with legislative and judicial decisions, maintaining a balanced governance structure.
(i) Ordinance Power: The executive can issue ordinances during legislative recess, responding to urgent needs but subject to legislative approval.
(ii) Veto and Assent: Presidential assent or veto on bills serves as a constitutional safeguard, preventing legislative overreach.
(iii) Judicial Appointments: The executive, in consultation with the judiciary, participates in judicial appointments, promoting collaboration and preventing judicial over-independence.
(iv) Enforcement of Judicial Decisions: Executive enforces judicial decisions, supporting judicial authority while retaining administrative oversight.
(v) Advisory Opinions: The President may seek advisory opinions from the Supreme Court, maintaining executive-judiciary cooperation on complex issues.
Judiciary’s Checks on Legislature and Executive
The judiciary acts as the guardian of the Constitution, holding legislative and executive actions accountable through its interpretive and corrective powers.
(i) Judicial Review: Judiciary can nullify unconstitutional laws or executive orders, safeguarding “fundamental rights” and “constitutional supremacy.”
(ii) Public Interest Litigation (PIL): Through PILs, judiciary addresses public grievances, often against executive inaction or legislative lacunae.
(iii) Writ Jurisdiction: High Courts and Supreme Court issue writs to protect citizen rights, checking executive and legislative actions that violate fundamental rights.
(iv) Contempt of Court Powers: Judiciary enforces respect for its authority by penalizing those obstructing justice, reinforcing its independent function.
(v) Interpretative Power: Judiciary interprets constitutional provisions, which can guide executive and legislative actions, ensuring constitutional compliance.
Checks and Balances as a Safeguard Against Power Concentration
The system of checks and balances prevents concentration of power, ensuring that each branch operates within defined limits to protect democracy.
(i) Prevents Authoritarianism: Checks prevent any branch from acquiring excessive power, safeguarding democratic principles.
(ii) Fosters Institutional Accountability: Each branch remains answerable, enhancing transparency and promoting public trust.
(iii) Promotes Coordinated Governance: Checks ensure inter-branch cooperation, balancing autonomy with collective responsibility for national welfare.
(iv) Ensures Constitutional Integrity: Regular checks uphold the “basic structure” of the Constitution, preventing amendments that could destabilize governance.
(v) Enhances Rights Protection: By preventing arbitrary actions, checks and balances protect citizens’ “fundamental rights” and foster rule of law.
Conclusion
India’s “checks and balances” system fosters dynamic governance, aligning each branch’s actions within constitutional boundaries. This model prevents power concentration, encourages accountability, and strengthens democracy, ensuring balanced yet effective governance.
