WORKING OF INSTITUTIONS

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A Major Decision

• On August 13, 1990, the Government of India issued an order which was called an Office Memorandum. The order says that other than SC and ST, the 27% job reservation benefit will be given to a new third category called Socially and Educationally Backward Classes (SEBC). Only persons who belong to backward classes were eligible for this quota.
• Now keeping this in mind, the question that arises is, who is the one taking decisions for the people? Here we can say that the elected rulers are taking the decisions for the people. But how do they arrive at a point where decisions become essential. In this chapter we are going to discuss exactly that. 

Who are the Decision Makers?

• The President of India: While the President of India holds the highest formal authority in the country, their role in this specific decision is largely ceremonial. The President does not make policy decisions but plays a crucial role in the legislative process by giving assent to bills and orders that have been approved by the Cabinet and Parliament.
• The Prime Minister: In the Indian political system, the Prime Minister is the head of the government and plays a pivotal role in major policy decisions. However, the Prime Minister does not act unilaterally but rather as the leader of the Cabinet. The decision to issue the Office Memorandum would have been discussed and decided upon in a Cabinet meeting.
• Parliament: Parliament, comprising the President, Lok Sabha, and Rajya Sabha, plays a crucial role in approving major policy decisions. While the President’s role is ceremonial, the decision must have the support of a majority of Lok Sabha members to be implemented. In this case, it’s likely that the decision went through Parliament as it involved a significant policy change.

‘Indira Sawhney and other VS Union of India’ Case

• The issuance of the Office Memorandum in 1990 led to a heated debate in India. Some believed that it was unfair as it could be seen as denying equality of opportunity to those who did not belong to backward communities. Others argued that it was a step toward providing equal opportunities to communities that had been underrepresented in government employment.
• This dispute eventually reached the Supreme Court of India in the case known as ‘Indira Sawhney and Others Vs Union of India’ in 1992. The Supreme Court played a critical role in resolving this matter. The judges, after careful consideration, declared that the government’s order was valid.

The Need For Political Institutions

• Modern democracies have various institutions, and these institutions involve meetings, committees, and routines. While these processes can sometimes lead to delays and complications, they serve a crucial purpose.
  • Political institutions are essential because they help ensure that a wide range of people have a say in decision-making. When decisions are made through these institutions, it allows for consultations and discussions involving diverse perspectives. This inclusivity is a fundamental aspect of democracy, as it ensures that the interests and opinions of various segments of the population are considered.
  • These institutions, despite sometimes causing delays, play a crucial role in preventing hasty and potentially bad decisions. In a rush to make quick decisions, there’s a risk of not thoroughly considering all the implications and consequences. Political institutions provide a structured and deliberative process for decision-making, which helps in making more informed and thoughtful choices that benefit society as a whole.

The Parliament of India

• The Indian Parliament is the supreme legislative body of India. Its primary role is to make and amend laws, oversee the government’s functioning, and represent the interests of the people. It is an essential institution in India’s democratic framework.
• Need for the Indian Parliament: The need for the Indian Parliament arises from the principles of democracy and governance. It serves several crucial purposes:
  • Representation: It provides a platform for elected representatives to voice the concerns and aspirations of the citizens they represent.
  • Legislation: Parliament is responsible for making and amending laws, which are vital for the smooth functioning of the country.
  • Oversight: It holds the government accountable by scrutinizing its actions, policies, and expenditure through various mechanisms.
  • Discussion and Debate: Parliament is a forum for healthy debates and discussions on important issues, ensuring that decisions are well-thought-out and inclusive.

Indian Parliament

The Lok Sabha(House of the People)

• Strength: The Lok Sabha consists of 545 members, including 543 elected members from different constituencies across India and two nominated members from the Anglo-Indian community.
• Powers: It has the primary responsibility for making and amending laws. The Lok Sabha plays a crucial role in forming the government and has the power to vote on bills and budgets.
• Members of the Lok Sabha are directly elected by the people through general elections. They serve a term of five years, unless dissolved earlier.

The Rajya Sabha(Council of States)

• Strength: The Rajya Sabha has 245 members. They are not directly elected by the people but are chosen by the members of the State Legislative Assemblies.
• Powers: While the Rajya Sabha also participates in lawmaking, it serves as a revising chamber. It reviews and suggests amendments to bills passed by the Lok Sabha. It represents the states and provides a federal character to the Indian Parliament.
• Members of the Rajya Sabha are elected by the respective State Legislative Assemblies and Union Territories. They serve staggered six-year terms, with one-third of the members retiring every two years. The Rajya Sabha Cannot be Dissolved.

Political Executive

• The political executive in a democracy consists of ministers who are elected by the people for a specific period. These elected leaders are responsible for making significant decisions on behalf of the people. They are the ones who have the ultimate say in government matters.
• Why Ministers Are More Powerful Than Civil Servants: The key reason ministers are more powerful than civil servants is because they are elected representatives of the people. Here’s why:
  • Accountability to the People: Ministers are directly accountable to the people who have elected them. This means they have to answer to the citizens for the consequences of their decisions. Since they are chosen by the people, they have a direct link to the will of the people.
  • Decision-Making Authority: Ministers have the final say in government decisions. They make important choices about policies and laws. While they may not be experts in every technical aspect of their ministry, they seek advice from experts before making decisions.
  • Democratic Mandate: When people vote in elections, they are essentially giving their approval to a political party and its leaders, including the ministers. This gives ministers the democratic mandate to govern and make decisions on behalf of the people.
  • On the other hand, civil servants, also known as permanent executives, are appointed on a long-term basis and are not elected. They play a vital role in carrying out the day-to-day administration and provide expertise to ministers. However, they do not have the same level of authority as elected ministers because they do not have the direct democratic mandate from the people.
  • In a nutshell, ministers are more powerful than civil servants in a democracy because they are elected by the people, accountable to them, and have the final say in decision-making. Civil servants support ministers in implementing policies and running the government, but they do not have the same level of democratic legitimacy.

The Council of Ministers

• The Council of Ministers is like the team of people who help the Prime Minister run the country. It’s a big group with different levels of ministers.
• Cabinet Ministers are like the top-level leaders. They oversee the big government departments and ministries, like finance, defense, and education. There are about 25 of these top ministers.
• Ministers of State with independent charge oversee smaller government departments. They go to Cabinet meetings only when they’re specially invited.
• Ministers of State are junior ministers who assist the Cabinet Ministers and the Ministers of State with independent charge.
• In a parliamentary democracy, like India, most important decisions are made during Cabinet meetings. These meetings are where the Prime Minister and the top ministers discuss and decide on important matters.
• Each government department has secretaries who are civil servants. They give information and advice to the ministers to help them make decisions. The Cabinet gets support from the Cabinet Secretariat, which helps organize and manage their work.

The Prime Minister

• The Prime Minister is like the leader of the government in a country. But people don’t directly choose the Prime Minister; instead, the President appoints the Prime Minister.
• The President usually picks the leader of the biggest group of politicians in the Lok Sabha (the main decision-making place in India’s Parliament). This leader is usually from the party or parties that have the most members in the Lok Sabha. So, they are the one most likely to have the support of many members.
• The Prime Minister doesn’t have a fixed time in charge. They stay in power if they lead the biggest group in the Lok Sabha.
• Once the President appoints the Prime Minister, the Prime Minister can choose other ministers to help with different jobs in the government. These ministers are usually from the same party or group as the Prime Minister.
• Head of Government: The Prime Minister is the chief executive and head of the government.
• Council of Ministers: Appoints and supervises other ministers.
• Policy Making: Plays a key role in policy formulation and decision-making.
• Foreign Affairs: Represents India in international matters and foreign relations
• Legislation: Guides government bills and policies through Parliament.

Powers of the Prime Minister

• Crisis Management: Handles national emergencies and crises.
• Adviser to the President: Offers advice to the President on various matters.
• Appointments: Recommends the appointment of top officials.
• Party Leader: Leads the ruling political party.
• Public Communication: Communicates government policies to the public

The President

• The President is like the head of the country and is responsible for overseeing how all the political institutions work together smoothly.
• People don’t directly elect the President. Instead, to become President, a candidate needs to get a majority of votes from Members of Parliament (MPs) and Members of the Legislative Assemblies (MLAs).

Powers of the President

• All government activities happen in the name of the President. This means everything the government does is linked to the President.
• Important laws and big government decisions are made in the name of the President. So, the President gives the final approval to these important things.
• The President also appoints many important people, like the Chief Justice of India, judges, governors of states, election commissioners, and ambassadors to other countries.
• All international agreements and treaties, like deals with other countries, are made in the name of the President.
• The President is like the top commander of India’s defense forces, which include the army, navy, and air force.

The Judiciary

• The Judiciary in India refers to all the courts in the country, which includes a three-tier system: the Supreme Court, High Courts in states, and District Courts at local levels.
• The most important court in India is the Supreme Court, which has authority over the entire nation. Its decisions are binding on all other courts in the country.

Powers of the Judiciary

• The Judiciary in India is integrated, meaning the Supreme Court manages and guides the functioning of all other courts. It can handle various types of disputes:
  • Disputes between citizens and the government.
  • Disputes between two or more state governments.
  • Disputes between the central government and state governments.
• The Judiciary in India is among the most powerful in the world. It plays a crucial role in the country’s governance.
• Interpreting the Constitution:
  • The Supreme Court and High Courts have the authority to explain and interpret the Constitution of India. They ensure that the government follows the rules and principles set in the Constitution.
• Judicial Review:
  • They can also check if any law or action taken by the government goes against the Constitution. This process is called “judicial review.” If something is found to be against the Constitution, it can be declared invalid.
• Protecting Fundamental Rights:
  • The Indian Judiciary safeguards Fundamental Rights of citizens. If the government’s actions harm these rights or public interest, anyone can go to the courts to seek justice. This is known as “public interest litigation.“
• Preserving Constitutional Principles:
  • The Supreme Court has said that certain core principles of the Constitution cannot be changed by the Parliament. This helps maintain the fundamental values of the country.
  • In essence, the Judiciary in India is powerful because it interprets the Constitution, checks the government’s actions, protects citizens’ rights, and preserves the core principles of the Constitution.

Independence of the Judiciary

• Independence of the Judiciary means that it is not controlled by the government or any political party. Judges make decisions based on the law, not on government orders.
• Judges of the Supreme Court and High Courts are appointed by the President based on the advice of the Prime Minister and consultation with the Chief Justice of the Supreme Court. Once appointed, it’s very hard to remove a judge. Only a special process called “impeachment” by a two-thirds majority in Parliament can remove a judge.