3.7.3. Checks and Balances

No organ of the government can be given complete liberty. Hence there have to be checks and balances.

How are checks and balances achieved in the US Constitution?

♤ Judiciary checks on other branches of the government, by judicial review of the executive as well as legislative acts.

♤ How Congress checks the President or powers of the President?

o It is necessary to ratify the international agreements and higher appointments

o Principle of no taxation without representation

o Impeachment of the President

♤ How President checks the Congress?

o By the use of veto powers (Congress can pass a bill against Presidential veto with 2/3rd

majority. So the President doesn’t have absolute veto.

o Pocket Veto: Two situations arise –

 Congress in session for ten days: Bill can be passed even without the assent of the President

 Congress in session for less than ten days: Bill will lapse.

♤ President and Congress applying checks on Judiciary

o Appointment of Judges: appointed by the President and ratified by the Senate

o Removal of Judges: removed through impeachment by the Congress and approved by the President

o Salaries and emoluments controlled by the President