Abstract
This article examines the concept of checks and balances within the framework of separation of powers in the United States and India. It explores the historical development of this doctrine, highlighting its roots in Enlightenment thought and its adaptation to the unique sociopolitical contexts of each nation. A comparative analysis of constitutional provisions, specifically U.S. Articles I-III and Indian Articles 50-54, reveals both similarities and differences in the delineation of powers among the legislative, executive, and judicial branches. The role of judicial review is critically evaluated through landmark cases such as Marbury v. Madison and Kesavananda Bharati, which establish the judiciary’s authority to uphold constitutional integrity and protect individual rights. Finally, the implications of separation of powers for democratic governance and the rule of law are discussed, emphasizing accountability, transparency, and the prevention of abuse of power. This analysis underscores the importance of maintaining a delicate balance between governmental authority and individual freedoms as both nations confront contemporary challenges to their democratic institutions.
Keywords: Separation of powers, checks and balances, judicial review, constitutional provisions, democratic governance, rule of law, United States, India, Marbury v. Madison, Kesavananda Bharati.