The Doctrine of Checks and Balances.

            The Doctrine of Checks and Balances

The Doctrine of Checks and Balances is an essential complement to the Separation of Powers. While the separation of powers divides governmental authority into distinct branches (legislative, executive, judicial), the doctrine of checks and balances ensures that these separate branches are not entirely independent and that each branch has certain powers to limit, restrain, or oversee the actions of the others.

The core idea is to prevent any one branch from accumulating too much power or acting arbitrarily, thereby safeguarding liberty and promoting accountability. It's a system of mutual restraints designed to maintain equilibrium within the government.

Key Principles of Checks and Balances:

• Mutual Oversight: Each branch has the ability to monitor and influence the actions of the other branches.
• Prevention of Abuse of Power: By requiring cooperation or agreement for certain significant actions, it makes it harder for a single branch to act unilaterally or tyrannically.
• Protection of Rights: It helps protect individual rights by ensuring that government actions are subject to scrutiny and challenge.
• Accountability and Transparency: It promotes accountability by making government actions subject to review by other branches, and fosters transparency by often requiring public processes for such checks.
• Deliberation and Compromise: The need for checks and balances often encourages deliberation, negotiation, and compromise among the branches before major decisions are made.

Examples of Checks and Balances (common in many democratic systems, including those influenced by the U.S. model):

1. Legislative Checks on the Executive:
• Confirmation of Appointments: The legislature (e.g., Parliament in Bangladesh, Senate in the USA) often has the power to confirm or reject presidential/prime ministerial appointments to key positions (e.g., cabinet ministers, ambassadors, judges).
• Treaty Ratification: International treaties negotiated by the executive may require legislative approval.
• Power of the Purse: The legislature controls government spending, meaning the executive needs legislative approval for its budget and funding.
• Oversight and Investigation: Legislative committees can conduct investigations into executive branch activities.
• Impeachment: The legislature can initiate impeachment proceedings against executive officials (like the President) for serious misconduct.
• Vote of No Confidence: In parliamentary systems like Bangladesh, the legislature can pass a vote of no confidence in the government, potentially leading to its resignation or new elections.
2. Executive Checks on the Legislative:
• Veto Power: The head of the executive (e.g., President) can veto legislation passed by the legislature. (However, the legislature can often override a veto with a supermajority vote).
• Executive Orders/Ordinances: The executive can issue executive orders or ordinances (with the force of law, often temporary or in specific circumstances) to implement policies, though these can often be challenged by the judiciary or superseded by the legislature.
• Calling Special Sessions: The executive might have the power to call special sessions of the legislature.
3. Judicial Checks on the Legislative and Executive:
• Judicial Review: This is perhaps the most significant check. Courts can declare laws passed by the legislature or actions taken by the executive to be unconstitutional or unlawful. (As discussed earlier, in Bangladesh, this power is exercised by the High Court Division under Article 102).
• Injunctions: Courts can issue injunctions to stop executive actions that are deemed illegal.
• Interpretation of Laws: The judiciary's role in interpreting laws influences how they are applied by both the legislative and executive branches.
4. Checks within the Legislature (Bicameral Systems):
• In countries with a bicameral (two-chamber) legislature (like the USA with its House and Senate, or the UK with its House of Commons and House of Lords), each chamber often acts as a check on the other, requiring mutual agreement for legislation to pass. Bangladesh has a unicameral legislature (Jatiya Sangsad).

Checks and Balances in Bangladesh:

While Bangladesh operates under a parliamentary system where there is a strong fusion of executive and legislative powers (as the Prime Minister and Cabinet are drawn from and accountable to Parliament), the principle of checks and balances is still present:

• Parliamentary Oversight: The Jatiya Sangsad scrutinizes the Executive through various mechanisms like question hours, debates, budget approval, and parliamentary committees.
• Presidential Role: Although largely ceremonial, the President has certain powers, such as assenting to bills, appointing the Prime Minister, and exercising powers in a caretaker government (in specific circumstances outlined in the Constitution), which act as a check.
• Judicial Review: As noted, the most potent check on both the legislative and executive branches in Bangladesh is the judiciary's power of judicial review under Article 102 of the Constitution. The Supreme Court has the authority to declare laws (including constitutional amendments) and executive actions unconstitutional or illegal if they violate the basic structure or other provisions of the Constitution. This has been a very active and critical check in Bangladesh's constitutional history.
• Appointment of Judges: The President appoints Supreme Court judges, which gives the executive a role in shaping the judiciary, though this is often based on recommendations.

The doctrine of checks and balances is crucial for maintaining a healthy democracy, ensuring that power is not absolute, and that governance remains accountable to the people and the rule of law.