Do you think Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance? Explain
Published: September 30, 2019
India is a land of diversity. To ensure that unity and integrity of the country are not compromised through despotism our forefathers had designed the governance system in which constitution is Supreme. The Supremacy of Constitution is maintained through Checks and balances.
Checks and Balance Principle rather than the Separation of Powers
Legislature and Executive
India’s parliamentary governance system provides for dual membership of executive (Ministers are legislators themselves). While the legislature holds the executive accountable through parliamentary proceedings, the executive which holds the majority ensures that the parliament doesn’t become an obstacle for governance.
The executive can even recommend the dissolution of the legislature. Checks and Balances was also one of the primary reasons for India to adopt Parliamentary system rather than the Presidential system of governance.
Legislature and Judiciary
Indian constitution provides for synthesis of sovereignty of parliament and supremacy of judiciary. Though Indian Constitution does not explicitly mentions judicial review several articles such as Article 13, 32, 132 etc confers the powers on judiciary to review the laws, rules, regulations and amendments proposed by the Parliament are in concurrence with Constitutional Principles.
To ensure the Judiciary doesn’t become authoritative the parliament is bestowed with power to remove judges on the grounds of proved misbehaviour or incapacity.
A fine synthesis has been attained over the domain of Parliament and Legislature adopted through the Supreme Court in the case of Keshavananda Bharati through the principle of the basic structure of the constitution.
Executive and Judiciary
The extra constitutional measures of the executive can be quashed by the judiciary as ultra vires.
Through the principle of Separation of powers enshrined under directive principles of state policy under Article 50 a great emphasis has been laid on separating judiciary and executive.
The Constitutional Supremacy through checks and balances ensures that neither of organs of governance viz. The legislature, Judiciary or Executive doesn’t become authoritative. The fourth pillar, free and vibrant media further acts as a check and balance measure for the three organs of governance.