Checks and Balances System

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. The system of checks and balances is essential for the proper functioning of three organs of the government. Different organs of the state impose checks and balances on the other. 

Separation of Power:

• In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity. 
• In India, strict separation of powers is not followed as it is followed in the U.S. But a system of checks and balance has been embedded so much so that the courts are competent to strike down the unconstitutional amendments made by the legislature.
• The constitution makers have also meticulously defined the functions of various organs of the state. Legislative and executive, which acts the two facets of people’s will have all the powers including that of finance.

Instruments :

• Executive appoints the judges.
• Legislatures review the functioning of the executive.
• Judiciary exercises judicial review over legislative and executive actions.
• Legislative branch removes the judges. 

Challenges:

• Weakened Legislature Scrutiny
• Judiciary Being Averse to Checks & Balances
• Judicial Activism
• Weakened Opposition in India
• Executive in India is alleged of over-centralisation of power, weakening of public institutions like CIC & RTI and passing laws to strengthen law, order & security of the state but curbs freedom of expression as well like UAPA.

Way Forward:

• The constitution of India makes sure that the discretionary power bestowed upon any organ of the state does not breach the principles of democracy. For instance, the legislature can impeach judges but as per the condition i.e. two third majority.
• To strengthen the role of the opposition, the institution of shadow cabinet can be formed in India.
• To Introducing Legislative Impact Assessment (LIA)