GK Question

Answer: checks and balances

Separation of powers as basic structure: (a) Core features: (i) Distinct functions: Legislature makes laws, executive implements, judiciary interprets, (ii) Checks and balances: Each branch checks others' excesses (e.g., judicial review of legislation, legislative oversight of executive, executive appointment of judges with legislative input), (iii) Independence: Each branch autonomous in its domain; no branch dominates others, (b) Unamendable core: Parliament cannot amend Constitution to: (i) Concentrate all powers in one branch (e.g., executive dominance over legislature, judiciary), (ii) Destroy checks and balances among branches, (iii) Eliminate judicial independence, legislative autonomy, executive accountability, (c) Applications: (i) NJAC judgment (2015): Struck down amendment giving executive role in judicial appointments as violating separation of powers, judicial independence, (ii) Legislative privileges: Courts can review legislative privileges if violating Fundamental Rights, ensuring balance between legislative autonomy, rights protection, (iii) Executive action: Judicial review ensures executive action complies with law, Constitution, preventing arbitrary governance, (d) Rationale: (i) Prevent tyranny: Separation of powers prevents concentration of power, protecting liberty, (ii) Effective governance: Checks and balances ensure balanced, accountable governance, not arbitrary rule, (iii) Rights protection: Independent judiciary essential for enforcing rights against legislative/executive excess, (e) Illustrates basic structure protection: Separation of powers, checks and balances as unamendable core; amendment power cannot destroy institutional balance essential to constitutional democracy.