Doctrine Of Checks And Balances

The parliamentary system of democracy based on the separation of powers is embraced by the Indian Constitution. In this system, the legislature is in charge of formulating policies, the executive is in charge of carrying them out, and the judiciary is in charge of reviewing them. Because people are social beings who differ from one another in terms of appearance, preferences, tastes, and aspirations, they require a power that can keep them together, control their behavior, and provide for them. This is true whether a country is ruled by a monarchy, an autocracy, or a democracy. 

 

•    A system of government known as checks and balances involves the division of authority among various branches, or portions, of the government.

 

•    The assumption is that the branches will therefore be able to counterbalance one another, preventing any one part of the government from acquiring excessive influence.

 

•    These checks and balances aid in fending against outside power. In three-party systems of government, they are fundamentally significant.

 

•    The separation of powers between the three branches of government legislative, executive, and judicial is not expressly stated in the Indian Constitution. Power is, however, divided among these organs. There is a system of checks and balances in place as well to prevent any organ from dominating the other and abusing its power. 

 

•    The Indian Constitution is founded on the concept of "checks and balances" rather than the strict division of powers.

 

•    Section 13(2): Any legislative law made by the Parliament is subject to judicial review.

 

•    Articles 32 and 226: To keep the executive and legislature accountable, the Supreme Court and the High Court issue writs.

 

•    Article 61: The President may be impeached.

 

•    Council of Ministers are held accountable to the Lok Sabha and State Legislative Assembly, respectively, under Articles 75 and 164.

 

•    Disqualification of Members of Parliament is covered under Article 81.

 

•    Judges of the Supreme Court and High Court may be removed from office using the process outlined in Articles 124 and 218 of the Indian Constitution.

 

•    According to Article 148, the President-appointed Comptroller and Auditor General of India is in charge of auditing the financial reports the administration makes to Parliament.

 

The constitution offers a number of checks and balances to stop anyone from abusing their power:

•    Different tools, including as the motion of no confidence, question period, motion of calling attention, motion of censure, etc., aid in holding the administration responsible before the Parliament and ultimately before the Indian people.

 

•    The Constitution has Articles 13 32, and 226 that alludes to the judicial review idea, authorizing the Supreme Court to overturn any executive delegated legislation, such as the Supreme Court's notification of a stay on cattle slaughter.

 

•    The judiciary makes sure that individual rights are protected, and governmental actions must stay within the parameters of the constitution.

 

•    The legislative branch, for instance, can stop corrupt practices and actions by redefining the acts in question. The outdated Benami Transactions Act was updated in 2016 to replace it.

 

•    The legislative office of profit is subject to checks described in Article 102, which bans parliamentarians from interfering with administrative functions and creating conflicts of interest. For instance, the Delhi High Court's decision to overturn the appointment of parliamentary secretaries

 

•    Using the judicial review doctrine, the judiciary can invalidate laws that violate the constitution. For instance, Section 66 A of the IT Act was invalidated in order to prevent misuse.

 

•    The Constitution forbids lawmakers from addressing the behavior of judges in parliament and the assembly.

 

•    According to the constitution, judges can be removed from office by a special majority in both chambers of parliament following an investigation by a committee in cases of misconduct. For instance, the Rajya Sabha's attempt to impeach Justice Soumitra Sen.

 

•    Following approval by judge collegium, government approval is required for judicial nominations.

 

•    The judiciary meddles with how the executive and legislature run their affairs. Judiciary activism, in which the Judiciary defends the rights of Citizens, should not be confused with judicial overreach.