Checks and Balances

Elaboration

Meaning: A system in which each organ of government can limit or restrain the others, so that none becomes dominant. Strongly associated with the American model, but India has its own scheme through functional overlap with mutual controls.
Legislature over Executive: Question Hour, Zero Hour, adjournment motion, calling-attention notice, no-confidence motion (Art 75(3)), censure motion, cut motions, Parliamentary committees (PAC, Estimates, DRSCs, COPU), budget approval, ordinance ratification (Art 123: lapses after 6 weeks of reassembly).
Executive over Legislature: President summons, prorogues, dissolves Lok Sabha (Art 85), assent or veto of bills (Arts 111, 200), ordinance power, nominations to Houses, Money Bill recommendation.
Judiciary over Legislature and Executive: Judicial review (Arts 13, 32, 131-136, 226, 227): can strike down unconstitutional laws and executive action. Includes review of constitutional amendments (basic structure) and President's Rule ( Bommai).
Legislature/Executive over Judiciary: Judges appointed by the President (consultation with judiciary through collegium), impeachment of judges ( Art 124(4), 217) by special majority, constitutional amendment overriding judgments, budget for judiciary, jurisdiction defined by Parliament.
Independent constitutional bodies as checks: CAG (Art 148), Election Commission (Art 324), UPSC (Art 315), Finance Commission (Art 280), Attorney-General.
Federal checks: Rajya Sabha, State legislatures' ratification of certain amendments (Art 368(2)), Inter-State Council (Art 263), Governor and President's Rule.
Collegium vs NJAC: Second Judges Case (1993) created collegium (primacy of CJI), Third Judges Case (1998) expanded to 5-member collegium; 99th Amendment and NJAC Act, 2014 were struck down in the Fourth Judges Case (Supreme Court Advocates-on-Record Association v UoI, 2015) as violating the basic structure (independence of judiciary).

Key points to remember

Judicial review = ultimate check, a basic feature (L. Chandra Kumar, 1997).
Ordinance lapses 6 weeks after Parliament reassembles or earlier if disapproved.
NJAC struck down (2015); collegium system continues.
No-confidence motion can be moved only against the entire Council of Ministers in Lok Sabha.

PYQ / MCQ

1. The NJAC Act was struck down in:

(a) 2014

(b) 2015

(d) 2012

Answer: (b)

2. Which Article provides for impeachment of Supreme Court judges?

(a) 121

(b) 124(4)

(d) 217

Answer: (b)

3. An ordinance issued by the President must be approved by Parliament within:

(a) 6 months of promulgation

(b) 6 weeks of reassembly

(d) 3 months Answer: (b)