The quote by Lord Acton "
Power tends to corrupt, and absolute power
corrupts absolutely" underscores the dangers of unchecked authority. When
power is concentrated without oversight it can lead to corruption and abuse.
This principle is integral to the doctrine of separation of powers designed to
prevent any single branch of government from becoming too powerful.
Separation of powers is a key element of democratic governance which aims to
distribute legislative, executive and judicial responsibilities across different
branches of government. In the Indian Constitution, the explicit term
"separation of powers" is not used as it is in some other countries
constitutions. Instead, the concept of separation of powers is implicit in the
way powers and functions are distributed among the legislative, executive and
judicial branches.
The Legislature or Parliament is responsible for creating laws. The Executive
which includes the President, the Prime Minister and the Council of Ministers is
charged with enforcing these laws. The Judiciary led by the Supreme Court
interprets the laws and ensures they are in alignment with the Constitution.
This structure is designed to ensure that each branch functions independently
and prevent any one branch from accumulating too much power which ensures a
balanced system of governance. In the case of
Golak Nath v. State of Punjab[1]
the Supreme Court affirmed that the Constitution is supreme and no authority can
override it. Each branch must operate within the powers granted by the
Constitution.
Understanding the Checks and Balance
Checks and balances are fundamental mechanisms within a democratic system that
prevent any single branch of government from gaining too much power. In India,
these mechanisms are essential for maintaining a balanced governance structure
where the Legislature, Executive and Judiciary operate independently yet
interdependently.
The Legislature, composed of the Parliament holds the primary responsibility of
enacting laws. It exercises its check on the Executive and Judiciary through
various means such as legislative oversight, budgetary control and the power to
impeach officials for misconduct. These mechanisms ensure that the Executive
implements laws in accordance with legislative intent and that the Judiciary
upholds the legality and constitutionality of these laws.
The Executive branch, led by the President and the Prime Minister with their
Council of Ministers executes and enforces laws. It maintains a check on the
Legislature through the President's power to withhold assent to bills by
necessitating further deliberation or amendment by Parliament. Additionally, the
Executive can issue ordinances in urgent situations when Parliament is not in
session, although these ordinances require parliamentary approval within a
specified period to remain effective.
The Judiciary, headed by the Supreme Court of India interprets laws and ensures
their conformity with the Constitution. Its primary function is to adjudicate
disputes and review the legality of governmental actions through mechanisms like
judicial review. This power allows the Judiciary to strike down laws or
executive actions that are unconstitutional which ensures that all branches of
government adhere to the principles of justice and the rule of law.
In the case of
Ram Jawaya Kapur v. State of Punjab[2] the Supreme Court
held that the doctrine of separation of powers is not explicitly mentioned in
the Constitution but each branch of government should not encroach on the
functions of the others. Each organ must exercise its powers within the limits
set by the Constitution.
Understanding the Checks and Balance
The Legislature or Parliament is empowered under Article 245 of the
Constitution to enact laws within its defined legislative domain. It holds the
authority to pass laws concerning matters specified in the Union List,
Concurrent List and subject to limitations in the State List. The Parliament
possesses specific powers such as those outlined in Articles 53 and 154, where
the executive powers of the Union and the State are vested in the President and
the Governors. These provisions ensure that the Executive functions under the
oversight of Parliament though they also empower the Executive with the ability
to promulgate ordinances (Article 123) when Parliament is not in session and
urgent legislation is required.
The Executive is tasked with enforcing laws enacted by Parliament. The
Executive's authority is not absolute, as it is subjected to parliamentary
scrutiny and oversight. Moreover, Articles 121 and 211 safeguard the
independence of the Judiciary by prohibiting the Legislature from discussing the
conduct of judges except during impeachment proceedings. This separation aims to
maintain the Judiciary's impartiality and shield it from political interference.
The Judiciary is responsible for interpreting laws and upholding their
constitutionality. Articles 32, 136, 226 and 227 provide the Judiciary the power
of judicial review and allow it to overturn any statute or governmental action
that breaches the Constitution or violates basic rights. Article 50 of the
constitution which directs the State to separate the judiciary from the
executive which is a directive principle rather than a enforceable mandate.
Relationship between Separation of powers and Checks and balances in India
The relationship between the doctrine of separation of powers and the system of
checks and balances is fundamental to the Indian Constitution which helps to
ensure a balanced and accountable governance structure. The Constitution does
not explicitly use the term "separation of powers," it implicitly incorporates
this principle by delineating the roles and functions of the Legislature,
Executive and the Judiciary.
This division ensures that each branch operates within its defined limits. While
India does not precisely adhere to the idea of separation of powers but the
Constitution does establish a system of checks and balances between the three
institutions of government. This system prohibits any single branch from
wielding excessive power and guarantees that government activities are
constitutionally sound and in the public's best interests. The overlapping
functions and checks produce a dynamic governance system in which each organ
exercises its powers within set limitations which promotes accountability,
transparency as well as the rule of law under India's democratic framework.
The principle of separation of powers allocates distinct functions to the
Legislature, Executive and Judiciary. This division is essential for ensuring
that no single branch use absolute power. The system of checks and balances is
crucial in maintaining equilibrium among these branches. Each branch has
mechanisms to oversee and limit the actions of the others and prevents any
potential abuse of power.
In India, the Legislature has several methods to hold the Executive accountable.
These include no-confidence motions where the government must resign if it loses
the confidence of the majority and question hours where ministers must answer
questions posed by members of Parliament. The Censure motions allow Parliament
to express disapproval of the Executive's actions.
The Judiciary has the power to review laws and executive decisions and ensures
they comply with the Constitution of India. The Executive can influence the
Legislature by issuing ordinances when Parliament is not in session. These
ordinances must be approved by Parliament later but they allow the Executive to
act swiftly in urgent situations.
Article 61 of the Indian Constitution details the impeachment procedure for the
President which can be initiated for violating the Constitution. The process
starts when either House of Parliament puts forth an impeachment charge. This
charge must be supported by a resolution moved after a minimum of fourteen day's
notice, signed by at least one-fourth of the House members. To proceed further
the resolution needs to be approved by a two-thirds majority of that House. The
other House is responsible for investigating the charge. During this
investigation the President has the right to appear and be represented.
If the investigating House also passes the resolution by a two-thirds majority
the President is then removed from office. Article 124(4) of the Indian
Constitution specifies the procedure for the removal of a Supreme Court judge. A
judge can only be removed by an order of the President following an address by
each House of Parliament. This address must be supported by a majority of the
total membership of each House and must also receive a two-thirds majority of
the members present and voting.
This stringent process ensures judicial accountability particularly concerning
proven misbehavior or incapacity. These provisions ensure that the highest
offices in the Executive and Judiciary remain accountable and that their actions
are subject to scrutiny by the Legislature. This system of checks and balances
with supporting the principle of separation of powers helps maintain a balanced
and fair governance structure in India.
Conclusion
The principles of separation of powers and checks and balances are fundamental
to the Indian Constitution. The Constitution does not explicitly mention the
separation of powers but it distributes the functions and responsibilities among
the different branches to maintain a balanced governance structure. Each branch
operates within its defined limits while also having mechanisms to oversee and
limit the actions of the others and helps to ensure that no single branch
accumulates absolute power.
End-Notes:
- 1967 AIR 1643
- AIR1955SC549
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