POLITY
3. Separation of power between various organ
disputes redressal mechanism
1. What do you understand by the concept of checks and balances in a constitutional democracy? Explain
with the help of relevant examples in the Indian context.
Approach:
As the directive is explain, a candidate here is expected to clarify with relevant facts and implications. Here, for
introduction part candidate can start by defining what are checks and balances in a constitutional democracy
besides showing how it is a characteristic feature of Indian democracy. For main body part it is expected to explain
in detail concept of checks and balances besides showing importance of checks and balances in a constitutional
democracy with relative examples in Indian democracy. For value addition we also need to explain performance of
this concept of checks and balances in Indian context. While in conclusion one can state in brief what is the output
of this system in general and what are the advantages or disadvantages continuing with this concept.
Introduction:
The concept of checks and balances is to safeguard that different branches of government control each other
internally (checks) and serve as counter weights to the power possessed by the other branches (balances). Despite
there being no express provision recognizing the doctrine of separation of powers in its absolute form, the
Constitution of India does make the provisions for a reasonable separation of functions and powers between the
three organs of Government. Rather it is more of a version of “checks and balances”.
Body:
Checks and balances, principle of government under which separate branches are empowered to prevent actions by
other branches and are induced to share power.
Checks and balances are applied primarily in constitutional governments. They are of fundamental
importance in tripartite governments, such as that of the United States, which separate powers among
legislative, executive, and judicial branches.
Checks and balances, which modify the separation of powers, may operate under parliamentary systems
through exercise of a parliament’s prerogative to adopt a no-confidence vote in a government; the
government, or cabinet, in turn, ordinarily may dissolve the parliament. For instance, Indian Constitution
envisages such provision.
In simple form, the objective of separation of functions and employees is to limit the power; to make the
, branches of government accountable to each other. It can be clearly observed from Figure 1.
The most noticeable example of a check is the power of the judiciary to appraise executive conduct and
ordinary laws for the compliance with the Constitution and the Bill of Rights.
Judicial review in this case constitutes neither executive nor judicial function, it is a mere check on the
exercise of executive and legislative power. It is a power exercised by the judiciary to guarantee
constitutional compliance and not to exercise the power of another specialist.
Figure 1
Indian constitution have meticulously defined powers and functions of the different organs of the state. Legislature,
executive and judiciary have to function within their own spheres demarcated under the constitution. Unlike the US
constitution, instead of having strict separation of power India follows the principle of ‘checks and balance’ which
is evident from the various constitutional provisions dealing with executive, legislative and judicial organs.
For instance, Under the constitutional provision, Parliament in India includes the Lok Sabha, the Rajya
Sabha and the President. Parliament, the legislative body, has the head of executive as its integral part.
Accordingly, the parliament uses different motions like censure motion, no confidence motion, etc., to check
the functioning of the council and hold them responsible. Further, the Parliament under article 61, can
impeach the President for violation of the Constitution.
Within the constitutional provision India has an independent judiciary with the Supreme Court at its apex.
Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High
Court’s respectively to check the constitutional validity of the executive and legislative actions.
Independence of the judiciary has been ensured in the constitution but the same has been interlinked with
executive and legislative organ of the government.
For instance, appointment and transfer of judges of High Courts and the Supreme Court is done by the
executive. Further, the removal of the judges of the High Courts and Supreme court is done by the
Parliament.
Idea behind the doctrine of separation of powers is to create separate power centres rather than having all
power concentrated in a single institution. Though on the whole, the doctrine of separation of power in the
strict sense is not possible in modern political system, its value lies in emphasis of checks and balance,
which are necessary to prevent abuse of power and uphold the rule of law.
All three of them are strong pillars of India which support and strengthen each other. Thus, keeps a check
and ensures smooth functioning of the whole system and the nation.
Performance of concept of Checks and balances with respect to Indian constitution:
Since its inception Indian Constitution has undergone various amendments, however, our constitution hadn’t
undergone major changes as changing the constitution entirely due to its principle of separation of power and
checks and balances.
3. Separation of power between various organ
disputes redressal mechanism
1. What do you understand by the concept of checks and balances in a constitutional democracy? Explain
with the help of relevant examples in the Indian context.
Approach:
As the directive is explain, a candidate here is expected to clarify with relevant facts and implications. Here, for
introduction part candidate can start by defining what are checks and balances in a constitutional democracy
besides showing how it is a characteristic feature of Indian democracy. For main body part it is expected to explain
in detail concept of checks and balances besides showing importance of checks and balances in a constitutional
democracy with relative examples in Indian democracy. For value addition we also need to explain performance of
this concept of checks and balances in Indian context. While in conclusion one can state in brief what is the output
of this system in general and what are the advantages or disadvantages continuing with this concept.
Introduction:
The concept of checks and balances is to safeguard that different branches of government control each other
internally (checks) and serve as counter weights to the power possessed by the other branches (balances). Despite
there being no express provision recognizing the doctrine of separation of powers in its absolute form, the
Constitution of India does make the provisions for a reasonable separation of functions and powers between the
three organs of Government. Rather it is more of a version of “checks and balances”.
Body:
Checks and balances, principle of government under which separate branches are empowered to prevent actions by
other branches and are induced to share power.
Checks and balances are applied primarily in constitutional governments. They are of fundamental
importance in tripartite governments, such as that of the United States, which separate powers among
legislative, executive, and judicial branches.
Checks and balances, which modify the separation of powers, may operate under parliamentary systems
through exercise of a parliament’s prerogative to adopt a no-confidence vote in a government; the
government, or cabinet, in turn, ordinarily may dissolve the parliament. For instance, Indian Constitution
envisages such provision.
In simple form, the objective of separation of functions and employees is to limit the power; to make the
, branches of government accountable to each other. It can be clearly observed from Figure 1.
The most noticeable example of a check is the power of the judiciary to appraise executive conduct and
ordinary laws for the compliance with the Constitution and the Bill of Rights.
Judicial review in this case constitutes neither executive nor judicial function, it is a mere check on the
exercise of executive and legislative power. It is a power exercised by the judiciary to guarantee
constitutional compliance and not to exercise the power of another specialist.
Figure 1
Indian constitution have meticulously defined powers and functions of the different organs of the state. Legislature,
executive and judiciary have to function within their own spheres demarcated under the constitution. Unlike the US
constitution, instead of having strict separation of power India follows the principle of ‘checks and balance’ which
is evident from the various constitutional provisions dealing with executive, legislative and judicial organs.
For instance, Under the constitutional provision, Parliament in India includes the Lok Sabha, the Rajya
Sabha and the President. Parliament, the legislative body, has the head of executive as its integral part.
Accordingly, the parliament uses different motions like censure motion, no confidence motion, etc., to check
the functioning of the council and hold them responsible. Further, the Parliament under article 61, can
impeach the President for violation of the Constitution.
Within the constitutional provision India has an independent judiciary with the Supreme Court at its apex.
Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High
Court’s respectively to check the constitutional validity of the executive and legislative actions.
Independence of the judiciary has been ensured in the constitution but the same has been interlinked with
executive and legislative organ of the government.
For instance, appointment and transfer of judges of High Courts and the Supreme Court is done by the
executive. Further, the removal of the judges of the High Courts and Supreme court is done by the
Parliament.
Idea behind the doctrine of separation of powers is to create separate power centres rather than having all
power concentrated in a single institution. Though on the whole, the doctrine of separation of power in the
strict sense is not possible in modern political system, its value lies in emphasis of checks and balance,
which are necessary to prevent abuse of power and uphold the rule of law.
All three of them are strong pillars of India which support and strengthen each other. Thus, keeps a check
and ensures smooth functioning of the whole system and the nation.
Performance of concept of Checks and balances with respect to Indian constitution:
Since its inception Indian Constitution has undergone various amendments, however, our constitution hadn’t
undergone major changes as changing the constitution entirely due to its principle of separation of power and
checks and balances.
