INDIAN CONSTITUTION

BRIEF HISTORY OF MAKING OF THE INDIAN CONSTITUTION

➢ Prior to independence, India was under British colonial rule, governed by several acts
passed by the British Parliament, such as the Government of India Act, 1858, and
later the Government of India Act, 1935.
➢ These acts established a basic administrative framework but offered limited
self-governance and no rights to the Indian people to draft their own Constitution.
➢ In 1935, the Indian National Congress (INC) began demanding the framing of a
Constitution by a Constituent Assembly elected by the people of India.
➢ The August Offer of 1940 from the British government accepted the need for Indians
to frame their own constitution after the war.
➢ The British government, through the Cabinet Mission Plan of 1946, agreed to form a
Constituent Assembly for India. Elections for the Assembly were held in July 1946.
The Constituent Assembly of India was composed of 389 members, representing
provinces and princely states. It included representatives from all major communities.

Drafting the Constitution

➢ The Constituent Assembly first met on December 9, 1946, under the presidency of Dr.
Sachidananda Sinha, and later Dr. Rajendra Prasad was elected as its permanent
president.
➢ On August 29, 1947, a Drafting Committee was appointed, chaired by Dr. B. R.
Ambedkar, who is often called the "Father of the Indian Constitution." The
committee's job was to prepare a draft constitution based on the deliberations of the
Assembly.
➢ After nearly three years of debate, discussion, and drafting (1946–1949), the
Constituent Assembly finally adopted the Constitution on November 26, 1949. This
day is celebrated as Constitution Day or Samvidhan Divas.
➢ The Constitution came into effect on January 26, 1950, marking the day when India
became a sovereign democratic republic. January 26 was chosen because on that day
in 1930, the Indian National Congress had declared Purna Swaraj (complete
independence) from British rule.

PHILOSOPHY OF CONSTITUTION

On January 22, 1947, the Constituent Assembly adopted the Objectives Resolution
drafted by Jawaharlal Nehru. The Objectives Resolution contained the fundamental
propositions of the Constitution and set forth the political ideas that should guide its
deliberations.
The main principles of the resolution were:
● that India is to be an independent, sovereign republic ;

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● that it is to be a democratic union with an equal level of self-government in all the

constituent parts;
● that all power and the authority of the Union Government and governments of the
constituent parts are derived from the people;
● that the constitution must strive to obtain and guarantee to the people justice-based
upon social, economic and political equality, of opportunity and equality before the
law;
● that there should be freedom of thought, expression, belief, faith, worship, vocation,
association and action;
● that the constitution must provide just rights for minorities, and people from backward
and tribal areas, etc. so that they can be equal participants of social, economic and
political justice; and
● to frame a constitution that should secure for India, a due place in the community of
nations.

PREAMBLE

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure

to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION."

Terms explanation

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1. Sovereign: India is a fully independent nation with the authority to govern itself
without external interference.

2. Socialist: Added by the 42nd Amendment in 1976, it signifies India's commitment

to achieving social and economic equality for its people, reducing wealth and income
disparities.

3. Secular: Also added by the 42nd Amendment, this ensures that India has no
official religion and guarantees individuals the freedom to practice any religion or
none at all.

4. Democratic: India follows a system of government in which the people elect their
representatives through universal adult suffrage, ensuring a government "by the
people, for the people, and of the people."

5. Republic: This means that India has an elected head of state (the President) rather
than a hereditary monarch.

THE SALIENT FEATURES OF THE INDIAN CONSTITUTION

The Constitution of India begins with a Preamble. The Preamble contains the ideals,
objectives and basic principles of the Constitution. The salient features of the Constitution
have evolved directly and indirectly from these objectives which flow from the Preamble.

1. Lengthiest Written Constitution

● Constitutions are classified into written, like the American Constitution, or unwritten,
like the British Constitution.
● The Constitution of India has the distinction of being the lengthiest and most detailed
constitutional document the world has so far produced. In other words, the
Constitution of India is the lengthiest of all the written constitutions of the world.
● It is a very comprehensive, elaborate and detailed document.
● The factors that contributed to the elephantine size of the Indian Constitution are:
● Geographical factors, that is, the vastness of the country and its diversity.
● Historical factors, for instance, the influence of the Government of India Act
of 1935, which was bulky.
● Single constitution for both the Centre and the states.
● The dominance of legal luminaries in the Constituent Assembly.
● The Constitution of India contains not only the fundamental principles of governance
but also detailed administrative provisions.
● Both justiciable and non-justiciable rights are included in the Constitution.

2. Drawn from Various Sources

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The Indian Constitution came into existence on 26th November 1949. The Constituent
Assembly of India drafted the constitution considering features of constitutions of the other
countries as well as from the Government of India Act 1935. There are various sources of
Indian constitution for which some features of it are borrowed.
There was no hesitation to learn from the experiences of other nations, hence, the
Indian Constitution has various features that are borrowed from other nations. The Indian
Constitution has absorbed those features from other nations’ constitutions that suited Indian
problems and aspirations. The Constituent Assembly took the best of features from
everywhere and made them its own.
Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed
after ‘ransacking all the known Constitutions of the world’.

Our constitution has features taken from the Government of India Act, 1935. Those
features are:
❖ Federal Scheme
❖ Office of governor
❖ Judiciary
❖ Public Service Commissions
❖ Emergency provisions
❖ Administrative details

The other borrowed provisions from different countries and details of those are given
in the table below:

S.No Countries Features of Indian Constitution

1. Australia ● Concurrent list

● Freedom of trade, commerce and intercourse
● Joint-sitting of the two Houses of Parliament

2. Canada ● Federation with a strong Center

● Vesting of residuary powers in the Centre
● Appointment of state governors by the Centre
● Advisory jurisdiction of the Supreme Court

3. Ireland ● Directive Principles of State Policy

● Nomination of members to Rajya Sabha
● Method of election of the president

4. Japan ● Procedure Established by law

5. Soviet Union (USSR) ● Fundamental duties

(now, Russia)

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● Ideals of justice (social, economic and political)

in the Preamble

6. UK ● Parliamentary government
● Rule of Law
● Legislative procedure
● Single Citizenship
● Cabinet system
● Prerogative writs
● Parliamentary privileges
● Bicameralism

7. US ● Fundamental rights
● Independence of judiciary
● Judicial review
● Impeachment of the president
● Removal of Supreme Court and High Court
judges
● Post of vice-president

8. Germany (Weimar) ● Suspension of Fundamental Rights during

emergency

9. South Africa ● Procedure for amendment in the Indian

Constitution
● Election of members of Rajya Sabha

10. France ● Republic

● Ideals of liberty, equality and fraternity in the
Preamble

Indian Constitution is a unique document drafted after a hard work of three years of
the constituent assembly. Though some features of the Indian constitution are borrowed from
other nations, it is still wrong to say that it is a bag of borrowing.

Reasons to not call the Indian Constitution a bag of borrowing are given below:

➢ There are various provisions borrowed from other nations but they are absorbed in the
Indian Constitution to suit its polity and governance. They are not exactly copied.
➢ The Indian Constitution is the most detailed constitution of the world. Where the
American Constitution has only seven articles, Australian Constitution 128 articles,
Indian Constitution originally consisted of 395 articles which have now increased to
448 articles.

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➢ The Indian Constitution is unique in its content and spirit.

➢ It is drafted considering the historical perspective of Indian Nationalist struggles, the
geographical diversity of India, and its traditional and characteristics which are totally
different from any other nation.

3. Blend of Rigidity and Flexibility

● Constitutions are classified into rigid and flexible.
● A rigid constitution is one that requires a special procedure for its amendment, for
example, the American Constitution.
● A flexible constitution is one that can be amended in the same manner as ordinary
laws are made, for example, the British Constitution.
● The Indian Constitution is a unique example of a combination of rigidity and
flexibility.
● A constitution may be called rigid or flexible on the basis of its amending procedure.
● The Indian Constitution provides for three types of amendments ranging from simple
to most difficult procedures depending on the nature of the amendment.

4. Federal System with Unitary Bias

● The Constitution of India establishes a federal system of government.
● It contains all the usual features of a federation, such as two governments, division of
powers, written constitution, the supremacy of the constitution, the rigidity of the
Constitution, independent judiciary and bicameralism.
● However, the Indian Constitution also contains a large number of unitary or
non-federal features, such as a strong Centre, a single Constitution, the appointment
of a state governor by the Centre, all-India services, an integrated judiciary, and so on.
● Moreover, the term ‘Federation’ has nowhere been used in the Constitution.
● Article 1 describes India as a ‘Union of States’ which implies two things:
● The Indian Federation is not the result of an agreement by the states.
● No state has the right to secede from the federation.
● Hence, the Indian Constitution has been variously described as ‘federal in form but
unitary in spirit’, and ‘quasi-federal’ by K C Wheare.

5. Parliamentary Form of Government

● The Constitution of India has opted for the British Parliamentary System of
Government rather than the American Presidential system of government.
● The parliamentary system is based on the principle of cooperation and coordination
between the legislative and executive organs while the presidential system is based on
the doctrine of separation of powers between the two organs.
● The parliamentary system is also known as the ‘Westminster’ model of government,
responsible government and cabinet government.

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● The Constitution establishes the parliamentary system not only at the Centre but also
in the States.
● In a parliamentary system, the role of the Prime Minister has become so significant,
and therefore it is called a ‘Prime Ministerial Government’.

What are the features of parliamentary government in India?

The features of parliamentary government in India are as follows:
● Presence of real and nominal executives
● Majority party rule
● Collective responsibility of the executive to the legislature
● Membership of the ministers in the legislature
● The leadership of the prime minister or the chief minister
● Dissolution of the lower house (Lok Sabha or Assembly)
● Indian Parliament is not a sovereign body like the British Parliament
● Parliamentary Government combined with an elected President at the head (Republic)

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

● The doctrine of the sovereignty of Parliament is associated with the British Parliament
while the principle of judicial supremacy with that of the American Supreme Court.
● Just as the Indian parliamentary system differs from the British system, the scope of
judicial review power of the Supreme Court in India is narrower than that of what
exists in the US.
● This is because the American Constitution provides for ‘due process of law’ against
that of ‘procedure established by law’ contained in the Indian Constitution (Article
21).
● Therefore, the framers of the Indian Constitution have preferred a proper synthesis
between the British principle of parliamentary sovereignty and the American principle
of Judicial supremacy.
● The Supreme Court can declare parliamentary laws unconstitutional through its power
of judicial review.
● The Parliament can amend the major portion of the Constitution through its
constituent power.

7. Rule of Law
● According to this axiom, people are ruled by law but not by men, that is, the basic
truism that no man is infallible. The axiom is vital to a democracy.
● More important is the meaning that law is sovereign in democracy.
● The chief ingredient of law is custom which is nothing but the habitual practices and
beliefs of common people over a long number of years.

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● In the final analysis, the rule of law means the sovereignty of the common man’s
collective wisdom.
● Apart from this crucial meaning, the rule of law means a few more things like:
● There is no room for arbitrariness
● Each individual enjoys some fundamental rights, and
● The highest judiciary is the final authority in maintaining the sanctity of the
law of the land.
● The Constitution of India has incorporated this principle in Part III and in order to
provide meaning to Article 14 (all are equal before the law and all enjoy equal
protection of laws), the promotion of Lok Adalats and the venture of the Supreme
Court known as “public interest litigation” have been implemented.
● Also, as per today’s law of the land, any litigant can appeal to the presiding judicial
authority to argue the case by himself or seek legal assistance with the help of the
judiciary.

8. Integrated and Independent Judiciary

● India has a single integrated judicial system.
● Also, the Indian Constitution establishes an Independent Judiciary by enabling the
Indian judiciary to be free from the influence of the executive and the legislature.
● The Supreme Court stands as the apex court of the judicial system. Below the
Supreme Court are the High Courts at the state level.
● Under a high court, there is a hierarchy of subordinate courts, that is district courts
and the other lower courts.
● The Supreme Court is a federal court, the highest court of appeal, the guarantor of the
fundamental rights of the citizens and the guardian of the Constitution. Hence, the
Constitution has made various provisions to ensure its independence.

9. Fundamental Rights
● Part III of the Indian Constitution guarantees six fundamental rights to all Citizens.
● Fundamental Rights are one of the important features of the Indian Constitution.
● The Constitution contains the basic principle that every individual is entitled to enjoy
certain rights as a human being and the enjoyment of such rights does not depend
upon the will of any majority or minority.
● No majority has the right to abrogate such rights.
● The fundamental rights are meant for promoting the idea of political democracy.
● They operate as limitations on the tyranny of the executive and arbitrary laws of the
legislature.
● They are justiciable in nature, that is, enforceable by the courts for their violation.

Detailed information are given below :

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Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human
rights are conferred upon the citizens of India and the Constitution tells that these rights are
inviolable. Right to Life, Right to Dignity, Right to Education, etc. all come under one of the
six main fundamental rights.

Fundamental rights are the basic human rights enshrined in the Constitution of India
which are guaranteed to all citizens. They are applied without discrimination on the basis of
race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.

There are six fundamental rights in the Indian Constitution. They are mentioned
below along with the constitutional articles related to them:

➔ Right to Equality
➔ Right to Freedom
➔ Right against Exploitation
➔ Right to Freedom of Religion
➔ Cultural and Educational Rights
➔ Right to Constitutional Remedies

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian
Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste,
race or place of birth. It ensures equal employment opportunities in the government and
insures against discrimination by the State in matters of employment on the basis of caste,
religion, etc. This right also includes the abolition of titles as well as untouchability.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many rights
such as:

➢ Freedom of speech
➢ Freedom of expression
➢ Freedom of assembly without arms
➢ Freedom of association
➢ Freedom to practise any profession
➢ Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the right
to impose reasonable restrictions on them.

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3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of
forced labour. It also implies the prohibition of employment of children in factories, etc. The
Constitution prohibits the employment of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right to freely practice his or her faith,
and establish and maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for ensuring
education for everyone without any discrimination.

6. Right to Constitutional Remedies (Articles 32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated, the
aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court
which can issue writs for enforcing fundamental rights.

Features of Fundamental Rights

➔ Fundamental rights are different from ordinary legal rights in the manner in which
they are enforced. If a legal right is violated, the aggrieved person cannot directly
approach the SC bypassing the lower courts. He or she should first approach the lower
courts.
➔ Some of the fundamental rights are available to all citizens while the rest are for all
persons (citizens and foreigners).
➔ Fundamental rights are not absolute rights. They have reasonable restrictions, which
means they are subject to the conditions of state security, public morality and decency
and friendly relations with foreign countries.
➔ They are justiciable, implying they are enforceable by courts. People can approach the
SC directly in case of violation of fundamental rights.
➔ Fundamental rights can be amended by the Parliament by a constitutional amendment
but only if the amendment does not alter the basic structure of the Constitution.
➔ The Fundamental Rights of the Indian Constitution can be suspended during a
national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be
suspended.

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➔ The application of fundamental rights can be restricted in an area that has been placed
under martial law or military rule.

10. Directive Principles of State Policy

● According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
● They are enumerated in Part IV of the Constitution.
● The Directive Principles were included in our Constitution in order to provide social
and economic justice to our people.
● Directive Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
● They are non-justiciable in nature.
● In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles’.

11. Fundamental Duties

● The original constitution did not provide for the fundamental duties of the citizens.
● Fundamental Duties were added to our Constitution by the 42nd Amendment Act of
1976 on the recommendation of the Swaran Singh Committee.
● It lays down a list of ten Fundamental Duties for all citizens of India.
● Later, the 86th Constitutional Amendment Act of 2002 added one more fundamental
duty.
● While the rights are given as guarantees to the people, the duties are obligations that
every citizen is expected to perform.
● However, like the Directive Principles of State Policy, the duties are also
non-justiciable in nature.

There are a total of 11 Fundamental duties altogether. The list of Fundamental Duties
under Article 51-A to be obeyed by every Indian citizen is given in the table below:

1. Abide by the Indian Constitution and respect its ideals and institutions,
the National Flag and the National Anthem
2. Cherish and follow the noble ideals that inspired the national struggle for
freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do so
5. Promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women

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6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement
11. Provide opportunities for education to his child or ward between the age
of six and fourteen years. (This duty was added by the 86th
Constitutional Amendment Act, 2002)

12. Indian Secularism

● The Constitution of India stands for a secular state.
● Hence, it does not uphold any particular religion as the official religion of the Indian
State.
● The distinguishing features of a secular democracy contemplated by the Constitution
of India are:
○ The State will not identify itself with or be controlled by any religion;
○ While the State guarantees everyone the right to profess whatever religion one
chooses to follow (which includes also the right to be an antagonist or an
atheist), it will not accord preferential treatment to any of them;
○ No discrimination will be shown by the State against any person on account of
his religion or faith; and
○ The right of every citizen, subject to any general condition, to enter any office
under the state will be equal to that of fellow citizens. Political equality which
entitles any Indian citizen to seek the highest office under the State is the heart
and soul of secularism as envisaged by the Constitution.
● The conception aims to establish a secular state. This does not mean that the State in
India is anti-religious.
● The Western concept of secularism connotes a complete separation between religion
and the state (negative concept of secularism).
● But, the Indian constitution embodies the positive concept of secularism, i.e., giving
equal respect to all religions or protecting all religions equally.
● Moreover, the Constitution has also abolished the old system of communal
representation. However, it provides for the temporary reservation of seats for the
scheduled castes and scheduled tribes to ensure adequate representation to them.

13. Universal Adult Franchise

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● Indian democracy functions on the basis of ‘one person one vote’.

● Every citizen of India who is 18 years of age or above is entitled to vote in the
elections irrespective of caste, sex, race, religion or status.
● The Indian Constitution establishes political equality in India through the method of
universal adult franchise.

14. Single Citizenship

● In a federal state usually, the citizens enjoy double citizenship as is the case in the
USA.
● In India, there is only single citizenship.
● It means that every Indian is a citizen of India, irrespective of the place of his/her
residence or place of birth.
● He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal or
Chattisgarh to which he/she may belong but remains a citizen of India.
● All the citizens of India can secure employment anywhere in the country and enjoy all
the rights equally in all parts of India.
● The Constitution makers deliberately opted for single citizenship to eliminate
regionalism and other disintegrating tendencies.
● Single citizenship has undoubtedly forged a sense of unity among the people of India.

15. Independent Bodies

● The Indian Constitution not only provides for the legislative, executive and judicial
organs of the government (Central and state) but also establishes certain independent
bodies.
● They are envisaged by the Constitution as the bulwarks of the democratic system of
Government in India. Example, Election Commission of India, Comptroller and
Auditor General of India, Union Public Service Commission (UPSC), Constitutional
Bodies

16. Emergency Provisions

● The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times.
● To cope with such situations, the Constitution elaborates on emergency provisions.
● There are three types of emergency
○ Emergency caused by war, external aggression or armed rebellion [Article
352]
○ Emergency arising out of the failure of constitutional machinery in states
[Article 356 & 365]
○ Financial emergency [Article 360].

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● The rationality behind the incorporation of these provisions is to safeguard the

sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
● During an emergency, the central government becomes all-powerful and the states go
into total control of the center.
● This kind of transformation of the political system from federal (during normal times)
to unitary (during an Emergency) is a unique feature of the Indian Constitution.

17. Three-tier Government

● Originally, the Indian Constitution provided for a dual polity and contained provisions
with regard to the organization and powers of the Centre and the States.
● Later, the 73rd and 74th Constitutional Amendment Acts (1992) added a third-tier of
government (that is, Local Government), which is not found in any other Constitution
of the world.
● The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats
(rural local governments) by adding a new Part IX and a new Schedule 11 to the
Constitution.
● Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the
municipalities (urban local government) by adding a new Part IX-A and a new
Schedule 12 to the Constitution.

18. Co-operative Societies

● The 97th Constitutional Amendment Act of 2011 gave constitutional status and
protection of cooperative societies.
● In this context, it made the following three changes to the Constitution:
○ It made the right to form cooperative societies a fundamental right (Article
19).
○ It included a new Directive Principles of State Policy on the promotion of
cooperative societies (Article 43-B).
○ It added a new Part IX-B in the Constitution which is entitled “The
Co-operative Societies” [Articles 243-ZH to 243-ZT].
● The new Part IX-B contains various provisions to ensure that the cooperative societies
in the country function in a democratic, professional, autonomous and economically
sound manner.
● It empowers the Parliament in respect of multi-state cooperative societies and the state
legislatures in respect of other cooperative societies to make the appropriate law.

THE ORGANS OF GOVERNANCE

1. Legislature: The law-making body.

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Parliament at the central level, consisting of the Lok Sabha (House of the People) and the
Rajya Sabha (Council of States).
State Legislatures at the state level, consisting of Legislative Assemblies (Vidhan Sabha)
and sometimes Legislative Councils (Vidhan Parishad).
The Legislature's main function is to formulate laws and policies.

2. Executive: The body responsible for implementing and enforcing laws.

President (at the central level) and Governors (at the state level).
Prime Minister and Council of Ministers at the central level, and Chief Ministers and their
councils at the state level.
The Executive is tasked with executing and administering laws passed by the Legislature.

3. Judiciary: The body that interprets laws and resolves disputes.

Supreme Court (the apex court of India).
High Courts (for each state or group of states).
Subordinate Courts (such as District Courts and lower courts).
The Judiciary ensures that laws are constitutional, provides justice, and protects fundamental
rights.

These three organs work within a system of checks and balances to ensure that no one organ
oversteps its bounds or abuses power.

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