AN EMPIRICAL STUDY ON THE EFFECTIVENESS OF INDIA’S CHECKS AND BALANCES SYSTEM IN PROTECTING CONSTITUTIONAL RIGHTS : A CRITICAL ANALYSIS OF RECENT JUDICIAL DECISIONS AND LEGISLATIVE ACTIONS

AUTHOR – G.REETHIKAA, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY.

BEST CITATION – G.REETHIKAA, AN EMPIRICAL STUDY ON THE EFFECTIVENESS OF INDIA’S CHECKS AND BALANCES SYSTEM IN PROTECTING CONSTITUTIONAL RIGHTS : A CRITICAL ANALYSIS OF RECENT JUDICIAL DECISIONS AND LEGISLATIVE ACTIONS, ILE MULTIDISCIPLINARY JOURNAL, 3 (1) OF 2024, PG. 48-47, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT :

“Control debases, and supreme control undermines completely.” It centres on this observational consideration on a very basic level, see at the ampleness of India’s checks and equalizations system in protecting secured rights in wake of recent judicial decisions and legislation. It seeks to gauge how well the system strikes a balance of power with protection of fundamental rights in an increasingly complex political and legal landscape. The study analyzed primary data that was received from interviews and surveys conducted with legal experts, policymakers, and ordinary citizens across urban India. The three main goals of this study are: assessing whether judicial review protects rights, analyzing what recent legislative actions are doing to constitutional freedoms, and evaluating the role of the executive in preserving institutional balance. Findings of the paper reveal that although the judiciary is a fundamental pillar for protecting rights, recent legislation in the recent past has reflected a tendency toward degrades of constitutional protection. Second, among people, the perception is gaining grounds of the encroachment of the executive on the independence of the judiciary. Enhancing judicial openness, enhancing public enlightenment regarding constitutional protection and reform measures to ensure an effective system of checks and balances are some of the suggestions for further research. These learnings continue the debates on the robustness of Indian democratic institutions and the extent to which such institutions protect the rights of citizens.

Keywords: Checks and Balances, Constitutional Rights, Judicial Review, Legislative Actions, India