With the help of systems of checks amd balances,explain that indian in...
Ans.
Reasons:
Constitutions are subverted by small groups who wish to enhance their own power.
So, well crafted constitutions fragment or divide power in society intelligently so that no single group can subvert the constitution.
they do this by
1. They ensure that no single institution acquires monopoly of power. This can be done by fragmenting power across different institutions. for eg; our Indian constitution horizontally fragments power across institutions like the legislature, executive and the judiciary.
2. An intelligent system of checks and balances has facilitated the success of The Indian constitution
3. Another aspect is that a constitution must strike right balance between certain norms, values and procedures as authoritative and at the same time allow enough flexibility in its operation to adapt changes for different needs and circumstances.
4. Also a too rigid constitution is likely to break under the weight of change and a too flexible one will give no security or identity to people
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With the help of systems of checks amd balances,explain that indian in...
Introduction:
The Indian institutional design is often considered a balanced one due to the presence of a robust system of checks and balances. These mechanisms ensure that no single branch of government becomes too powerful, and that power is distributed evenly among the legislative, executive, and judicial branches. In this response, we will explore the various aspects of Indian institutional design that contribute to its balanced nature.
Separation of Powers:
One key aspect of India's institutional design is the separation of powers among the three branches of government. The legislative branch is responsible for making laws, the executive branch is responsible for implementing and enforcing laws, and the judicial branch is responsible for interpreting and applying laws. This separation ensures that power is not concentrated in one branch, preventing any abuse of power.
System of Checks and Balances:
In addition to the separation of powers, India's institutional design incorporates a system of checks and balances. This means that each branch of government has the ability to limit the powers of the other branches, thereby preventing any one branch from becoming too dominant. Some examples of checks and balances in the Indian system include:
1. Judicial Review: The Indian judiciary has the power of judicial review, which allows them to review the constitutionality of laws and executive actions. If a law or action is found to be unconstitutional, the judiciary has the authority to strike it down, ensuring that the executive and legislative branches do not exceed their powers.
2. Parliamentary Oversight: The legislative branch exercises oversight over the executive branch through mechanisms such as questioning, debates, and committee hearings. This ensures that the executive branch remains accountable to the legislature and prevents any misuse of power.
3. Appointment Process: The appointment process for key positions, such as judges and constitutional authorities, involves checks and balances. For example, the President appoints judges based on the recommendations of the Chief Justice of India and a collegium of senior judges, ensuring a balanced and independent judiciary.
4. Impeachment: The constitution provides for the impeachment of the President, Vice President, judges, and other constitutional authorities in case of misconduct or violation of the law. This mechanism ensures that even the highest-ranking officials can be held accountable.
Federal Structure:
India's institutional design also incorporates a federal structure, where power is divided between the central government and the state governments. This division of power ensures that no single entity becomes too dominant and allows for a balanced distribution of authority.
Conclusion:
In conclusion, the Indian institutional design is balanced due to its adherence to the principles of separation of powers, checks and balances, and a federal structure. These mechanisms prevent the concentration of power, ensure accountability, and protect the rights and liberties of the citizens. The system of checks and balances, in particular, plays a crucial role in maintaining the balance of power among the different branches of government, making the Indian institutional design a robust and balanced one.
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