Question

The Principle of ‘checks and balance’ is related to _____________.
A.Rule of law
B.Fundamental law
C.Fundamental Duties
D.Separation of Powers

Answer 1

Hint: The framers of the Constitution created a system of mutual checks and balances. Each organ was given a checking power over the other two organs.

Complete Answer: The framers of the United States Constitution accepted the concept of Separation of Powers as the ideal device for securing a limited government incapable of behaving arbitrarily. The US Constitution provides for a clear cut separation of powers. Article I states that the legislative power of the federation is in the hands of the Congress. Article II lays down that the executive powers are with the President of the United States. Article II gives all the Judicial power to one supreme Court and other inferior courts created by the Congress. Each of these organs of the US government has been kept separate from the other two. The organisation of the government of the United States clearly reflects the six existence of separation of powers.

While accepting and incorporating the theory of Separation of Powers, the framers of the US Constitution were also aware of the possible dangers involved in any rigid and absolute of this theory. Since the government was a unit, its three organs could not be kept totally apart. Further, they were also sure that a complete separation can lead to three independent and incomplete mini governments - Legislative, Executive and Judicial governments within a single framework. They, therefore, regarded the system of ‘checks and balances’ as an essential supplemental of the theory of separation of powers.

Thus, the correct answer is option (D).

Note: The US Constitution also provides for a system of mutual checks and balances among three organs of the government - Congressional checks upon the President; Congressional checks upon the Supreme Court; Congressional checks upon the Congress; Presidential checks on the Judiciary and Judicial checks over the Congress and the President.