29-03-2023
GS-II
Sub-Categories:
GS-II: Polity
- What is the doctrine of checks and balances?
- What is the relationship between the doctrine of separation of powers and the checks and balances?
- What are the various instruments of checks and balances under the Indian polity?
- What are the various factors which undermine the principle of checks and balances?
Prelims: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.
Mains: Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
What is the doctrine of checks and balances?
The doctrine of checks and balances states that each organ of the government shall act on the other organs in such a way as to prevent them from becoming totalitarian and to prompt them towards fulfilling their constitutional obligations.
- Checks and balances manifest through various procedures set in place to reduce errors, prevent improper functioning, and decrease the risk of centralization of power.
- Various provisions under the Indian Constitution provide for checks and balances in the governance framework of the Indian State.
What is the relationship between the doctrine of separation of powers and the checks and balances?
The doctrine of separation of powers is a fundamental principle in a democratic government, which entails dividing the powers of the state into three separate branches: the legislative, executive, and judicial. Checks and balances are designed to maintain the system of separation of powers, keeping each branch in its place.
- And so, the Indian Constitution does not accept the principle of strict separation of powers rather, it mostly relies on the principle of checks and balances
- This pairing of separated powers with an intricate system of checks and balances is designed to give each branch fortifications against encroachments by the others.
- The aim of this principle is to prevent the concentration of unchecked power and to provide for checks and balances, in which the powers of one branch of government are limited by the powers of another branch to prevent abuses of power and avoid autocracy.
What are the various instruments of checks and balances under the Indian polity?
Checks and balances between Legislature and Executive
Legislature control on Executive |
Executive control on Legislature |
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Checks and balances between Legislature and Judiciary
Legislature control on Judiciary |
Judiciary control on Legislature |
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Checks and balances between Executive and Judiciary
Executive control on Judiciary |
Judiciary control on Executive |
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What are the various factors which undermine the principle of checks and balances?
The system of checks and balances is designed to prevent any one branch of government from becoming too powerful and abusing its authority. However, there are several limitations to this system:
- One issue is the lack of clear demarcation and separation of powers between the different branches of government, leading to overlaps and conflicts.
- Another issue is the concentration of power in the Executive branch, particularly the Prime Minister's Office, which can lead to a lack of accountability.
- The Judiciary has been criticised for judicial overreach, which implies excessive interference of the judiciary with the legislature and the executive.
- One party dominance in the house of people, instances of bypassing parliamentary accountability mechanisms such as standing committees, is eroding the checks of the Legislative over the Executive.
Previous Year Questions
Mains
Q) Do you think that the constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (2019)
Frequently Asked Questions (FAQs)
Q) What are the clemency powers of the President?
Under Article 72 of the Indian Constitution, the President has the power to grant pardons, reprieves, respites, or remissions of punishment to any person convicted of any offence and the power to suspend, remit, or commute the sentence of any person convicted of any offence.
Q) What is judicial review?
Judicial review refers to the power of the Higher judiciary to review the actions of the executive and legislative branches of the government. The Constitution of India provides for the power of judicial review under Articles 13, 32, 136, 226 and 227.