System of check and balance under the USA constitution
Introduction;-
To prevent one branch of the government from becoming supreme, and to induce the other branches of government to cooperate, the framers of the U.S Constitution have provided the system which is based on the theory of separation of power alongwith internal “Check and Balances”. The one organ of the Government is obstructed by another. The system of checks and balance has interlocked the three organs of the Government. Checks and balances refers to the various procedural rules that allow one branch to limit another, such as the authority of the president to veto legislation passed by Congress, or the power of Congress to alter the composition and jurisdiction of the federal courts.
Constituent of Check and Balance System;-
- Legislative
- Executive
- Judicial
Evolution of System of Check and Balance;-
Montesquieu's a French writer alongwith the theory of Separation of power, has expounded the theory of check and balance. He laid down theory of separation of power as a device to avoid concentration of authority. At the same time he talked of check and balances. Power is to be check upon power was his maxim.
Basis of System of Checks and Balances;-
The System of Checks and balances is based on the maxim. “If power is not to be abused then it is necessary, in the nature of things that the power be made a check to power”.
Working of System of Check and Balances:-
a. Check on the Congress;-
The American Congress is empowered to make law for the country but any bill passed by the congress cannot become a low unless it has received the assent of the president. The American president is empowered to withhold his assent and send the bill back to the congress. The Supreme Court can also declare a law unconstitutional. If it violates the Constitution the president controls the congress he may veto a bill.
b. Check on Judiciary;-
The President and the congress have certain checks on Judiciary. The U.S president appoints the Judges of the Supreme Court whose approval is to be accorded by the senate. The Salaries of the Judges are determined by the congress subject to certain restrictions. The judiciary is powerful but not free from checks. The congress can impeach the Judges.
c. Check on the President;-
It is said the American president is the most powerful person in the world. The president is the Chef executive of the country and is given vast powers. However, there are many checks on these powers. The congress checks the powers of appointment of the President. He cannot appoint high officials, ambassadors or the judges without the approval of senate. Besides, he cannot declare was without the sanctions of the Congress and cannot make treaties without ratification by Senate. The Supreme Court is empowered to declare any act of the President unconstitutional and, therefore, null and void, if it contravenes the provision of the constitution.
Conclusion;-
To conclude, I can say, that the fathers of the American Constitution has provided the system of “Checks and Balance’. All the three branches of the Government have been equipped with Vast Powers but none of them can act in despotic manner, as the other two branches there to check it. In this way, the three organs of the Government have been interlocked.
