Doctrine of Check and Balance

Doctrine of Check and Balance is very much required for proper functioning of the Democracy.
The doctrine of Check and Balance

The doctrine of Check and Balance: It is the principle of government under which separate branches are empowered to prevent the arbitrary action by the other organs of the governments and are induced to share power. This principle is applied mainly to constitutional government.

Executive, Judiciary and Legislature are the three principal organs of the government. These organs are responsible for the functioning of the government of India.

Under this Principle, every organ of the government is controlled by the remaining two as it is very much required to prevent despotism and protect civil rights.

Executive:

In India Executive constitutes Council of Ministers at both union as well as state level, Union Public Service Commission, Comptroller and Auditor General of India, Election Commission, State Public Service Commission, Elected representative at panchayat and urban local body and others

The executive organ of the government is mainly responsible to execute all the policies of the government. It is the organ which is mainly responsible to maintain law and order, maintaining relationships with other countries, defending the country, running welfare schemes. In the process of performing its duty, it is very likely that it will violate the principle of natural justice, Rule of Law, favouring anyone, unreasonably punishing anyone.

In such a scenario it is the other organs that can come to rescue the public. The arbitrary action of the execute is controlled mainly by the Judiciary through litigation. The affected party can approach the judiciary to save their rights.

In the case of fundamental rights special provision has been made in the constitution which says if the fundamental right of any individual is violated then he can approach the Supreme Court directly[Article 32].

Legislative also control the arbitrary action by the executive at the time passing the budget, question, debate, and discussion, various motions like adjournment motion, No-confidence motion.

Legislative:

Since India follow a parliamentary form of government executive is the part of the legislature. All parliamentary businesses are navigated primarily by the executive. Judiciary control Legislative through the process of Judicial Review, PIL.

Parliament of India, as well as the state legislature, constitute the legislative organs in the centre and state respectively. The legislative organs of the government are responsible to make law for the country. In the democratic system, the legislature constitutes the elected representative of the people who make law, rule, policy on the behalf of the people of India.

If the parliament of India or state legislature makes a law that violated one or more fundamental rights given in the constitution or it violated any other provision of the constitution or violates the principle of natural justice then it has to be controlled by the other organs of the government.

The arbitrary action of the legislature is controlled by the judiciary through the Judicial Review. If the law made by the parliament violates any provision of the constitution then-Supreme Court can declare this law as null and void.

The power of Judicial Review is available for both Supreme Court as well as High Court. The law made of the parliament of India can be challenged in the Supreme Court of India only. Whereas law made by state legislative assembly can be challenged in the High Court and appealed to Supreme Court of India.

Since India follow the parliamentary form of government where the legislature is the part of executive then executive control over legislative is not so effective.

Judiciary:

Supreme Court of India, High Courts of various state, District Court and other lower level of courts constitutes the Judiciary organ of the government. The Judiciary is mainly responsible for the interpretation of constitution and other laws.

The judges of the Supreme Court of India, as well as High Courts, are appointed and transferred by the President of India on the advice of the council of ministers which is the part of the executive. The lower courts are under the direct control of the High Court.

Any arbitrary action by the Judiciary is controlled by the executive at the appointment and transfer. Whereas legislative control the arbitrary action of the judiciary through the process of Impeachment. Any judge of Supreme Court or High Court is found guilty of a violation of a provision of constitution or misconduct then he can be impeached in the Parliament of India. To impeach any judge of Supreme Court or High Court Special Majority is required.

Parliament also lay down the procedure to appoint the judges of the Supreme Court and High Court.

Executive Control Judiciary during the time of appointment whereas Legislative control judiciary through impeachment if a member of judiciary violated constitutional provisions and on the ground of misconduct. 

So if the Doctrine of Check and Balance are followed in a proper way then only the rights, freedoms, and liberty of the citizen of India can be assured.