Limited and responsible government and checks and balances – OPSC OAS Mains GS Paper II PYQ

📝Model Answer

Introduction

A democratic government, based on popular sovereignty, is called a "limited government" because its powers are restrained by the Constitution, fundamental rights and the rule of law, and a "responsible government" because the executive is accountable to the legislature and ultimately to the people. India’s constitutional democracy embodies both through an elaborate framework of separation of powers and checks and balances.

Body

Why a Democratic Government is Called Limited and Responsible

1. Constitutional supremacy — Government powers are derived from and bound by the Constitution, which sets clear limits on State authority.
2. Fundamental Rights — Part III guarantees rights (Articles 12–35) that act as restraints, protecting citizens against arbitrary State action.
3. Rule of law — All authorities are subject to law, ensuring no one is above it and that power is exercised lawfully and fairly.
4. Accountability to legislature — Under the parliamentary system, the Council of Ministers is collectively responsible to the Lok Sabha (Article 75), which can remove it through a no-confidence motion.
5. Periodic elections — Free and fair elections make the government answerable to the electorate, enabling peaceful change of power.
6. Judicial review — Courts can strike down unconstitutional laws and executive actions, keeping government within constitutional bounds.
7. Transparency and oversight — Instruments like the RTI Act, CAG audits and parliamentary committees enforce openness and answerability.

Doctrine of Checks and Balances in India

1. Separation of powers — The Constitution distributes power among the legislature, executive and judiciary, each acting as a check on the others (Articles 50, 53, 79, 124).
2. Legislative checks on executive — The executive is accountable to Parliament through question hour, debates, motions and collective responsibility (Article 75); Parliament controls the purse.
3. Executive checks on legislature — The President can summon, prorogue and dissolve the Lok Sabha (Article 85) and gives assent to bills (Article 111), with limited veto powers.
4. Judicial review of legislature — Courts can declare laws void if they violate fundamental rights or the Constitution (Articles 13, 32, 226).
5. Judicial review of executive — Courts check executive overreach through writs (Articles 32 and 226) and judicial scrutiny of administrative action.
6. Checks on judiciary — Parliament can impeach judges (Articles 124, 217), regulate court jurisdiction, and amend laws, while appointments involve executive participation.
7. President’s powers — As head of State, the President exercises certain discretionary and pocket-veto powers that act as a check on hasty legislation.
8. Basic Structure Doctrine — Evolved in the Kesavananda Bharati case (1973), it limits Parliament’s amending power, preserving the Constitution’s core against legislative excess.
9. Independent institutions — Bodies like the Election Commission, CAG, UPSC and CVC act as autonomous checks on the misuse of governmental power.
10. Federal checks — The distribution of powers between the Union and States (Seventh Schedule) provides a vertical check within the system.

Way Forward to Strengthen Checks and Balances

1. Strengthen institutional independence — Insulate constitutional bodies (ECI, CAG, CVC) through transparent appointments and financial autonomy.
2. Empower legislative oversight — Revitalise parliamentary committees, ensure adequate debate, and reduce the use of ordinances and money-bill route to bypass scrutiny.
3. Judicial reforms — Address judicial pendency, ensure transparency in appointments, and maintain a balance between judicial activism and restraint.
4. Accountability mechanisms — Strengthen RTI, Lokpal/Lokayuktas and whistle-blower protection to curb corruption and abuse of power.
5. Democratic decentralisation — Empower local self-governments and uphold federal balance to distribute and check power across all levels.

Conclusion