4. WORKING OF
INSTITUTIONS
4.1
HOW IS A MAJOR POLICY DECISION TAKEN?
This
section explains how an important government policy is made and
implemented, using the example of the 1990 reservation order (Mandal
Commission).
Background
of the Decision
On 13
August 1990, the Government of India issued an official order called
an Office Memorandum (O.M. No. 36012/31/90-Est (SCT)). Though it was a
short document, it became one of the most controversial policy decisions
in Indian politics.
The
order was signed by a Joint Secretary of the Department of Personnel
and Training. However, such a major decision was not taken by the officer,
but by the political leadership of the government.
What
Was the Decision?
The
Office Memorandum announced that:
- 27%
of government jobs would be reserved for Socially and
Educationally Backward Classes (SEBC).
- Earlier,
reservation was available only to:
- Scheduled
Castes (SC)
- Scheduled
Tribes (ST)
- A new
third category (SEBC) was introduced.
- Only
people belonging to backward classes were eligible for this
quota.
- Other
candidates could not compete for these reserved posts.
Why
Was This a Major Policy Decision?
- It
affected thousands of government jobs.
- It
changed the existing reservation system.
- It
created political debate, protests, and legal challenges across
the country.
- It
influenced social equality, employment, and caste relations in
India.
What
This Example Shows
This
case demonstrates that:
- Major
policy decisions are not taken by individual officers.
- They
involve:
- The Prime
Minister and Cabinet
- Parliamentary
discussions
- Implementation
by civil servants
- Judicial
review by courts
- A
simple government order can represent a long political and
constitutional process.
The
Decision Makers
The
Office Memorandum on reservation for Socially and Educationally Backward
Classes (SEBC) was not the decision of a single officer. Although the
document was signed by a Joint Secretary, he was only implementing
the decision taken by higher political authorities.
Who
Actually Took the Decision?
- Minister
of Personnel, Public Grievances and Pensions
- The
officer who signed the Memorandum acted on the instructions of the
Minister.
- Civil
servants only implement policies, they do not make major decisions.
- Prime
Minister and Council of Ministers
- The
Prime Minister is the head of the government.
- Major
policy decisions are taken in Cabinet meetings.
- On 6
August 1990, the Union Cabinet formally decided to implement
the Mandal Commission recommendations.
- President
of India
- The
President is the head of the State and the highest formal
authority.
- The
President announced the government’s intention to implement the Mandal
Commission recommendations in his address to Parliament.
- Parliament
- Parliament
includes the President, Lok Sabha, and Rajya Sabha.
- The
Mandal Commission Report and its recommendations were discussed in
Parliament.
- The
Prime Minister informed Parliament about the Cabinet decision on 7
August 1990.
- The
government could not have implemented the decision without the
support of the Lok Sabha majority.
Role
of the Mandal Commission
- In 1979,
the Government of India appointed the Second Backward Classes
Commission, headed by B.P. Mandal.
- It
was asked to:
- Identify socially
and educationally backward classes.
- Recommend
steps for their advancement.
- The
Commission submitted its report in 1980.
- One
key recommendation was 27% reservation in government jobs for
SEBCs.
Political
Developments Leading to the Decision
- For
several years, political parties demanded implementation of the report.
- In
the 1989 Lok Sabha elections, the Janata Dal promised to
implement the Mandal Commission report.
- After
forming the government, V. P. Singh became Prime Minister.
- Following
Cabinet approval, officials drafted the order.
- Finally,
the Office Memorandum was issued on 13 August 1990.
Public
Reaction and Controversy
- The
decision led to:
- Widespread debates,
protests, and counter-protests
- Some
protests turned violent
- Supporters argued:
- Reservation
was necessary to reduce caste inequalities.
- It
would provide fair opportunities to under-represented communities.
- Opponents argued:
- It
denied equal opportunity to more qualified candidates.
- It
could increase caste divisions and harm national unity.
- The
chapter does not judge the decision, but explains how decisions
are made.
Role
of the Judiciary
- Those
opposing the order approached the courts.
- Multiple
cases were combined into the famous case:
Indira Sawhney and Others vs Union of India - In 1992,
an 11-judge bench of the Supreme Court:
- Declared
the reservation order valid
- Directed
the government to exclude the ‘creamy layer’ (well-to-do
persons among backward classes)
- Following
this, a new Office Memorandum was issued on 8 September 1993.
- The
dispute ended and the policy has continued since then.
What
This Example Teaches Us
This
case shows that major policy decisions in a democracy involve:
- Political
Executive (Prime Minister & Cabinet)
- Legislature (Parliament)
- Civil
Servants (implementation)
- Judiciary (dispute
resolution)
It
also proves that institutions work together, and decisions are not
taken by one person alone.
Need
for Political Institutions
Governing
a country is a complex task. The government has to perform many important
functions such as:
- Ensuring security of
citizens
- Providing education
and health facilities
- Collecting
taxes and spending money on administration, defence and development
- Formulating
and implementing welfare schemes
To
carry out these activities smoothly, different people perform different
roles. Some take decisions, others implement them, and some resolve disputes.
This makes political institutions necessary.
Why
Are Political Institutions Necessary?
- Division
of Work
- Some
institutions take policy decisions.
- Others
are responsible for implementing these decisions.
- Courts resolve
disputes related to decisions.
- Clear
Responsibility
- Institutions
help people know who is responsible for what.
- This
avoids confusion and ensures accountability.
- Continuity
of Government
- Institutions
ensure that work continues even when leaders change.
- The
system remains stable and functional.
- Rule-Based
Governance
- Institutions
function according to rules and procedures.
- These
rules are laid down in the Constitution.
Political
Institutions at Work (from the example)
- Prime Minister and
Cabinet
→ Take all major policy decisions. - Civil Servants
→ Implement decisions taken by ministers. - Supreme Court
→ Settles disputes between citizens and the government.
Other
institutions involved may include:
- President –
formal head of the state
- Parliament –
debates and influences major decisions
Are
Institutions Always Convenient?
Working
with institutions can be slow and frustrating because:
- They
involve rules, regulations, meetings, and committees
- Decisions
may take more time
However,
this is useful for democracy because:
- Many
people get a chance to participate and be consulted
- It
prevents hasty or wrong decisions
- It
ensures fairness and transparency
Conclusion
Although
institutions may cause delays, they are essential for democracy. They
prevent concentration of power in one person and ensure that decisions are
taken carefully, lawfully, and in public interest. Therefore, democratic
governments insist on working through political institutions.
4.2
PARLIAMENT
Role
of Parliament in the Office Memorandum Case
At
first, it may seem that Parliament had no role in the reservation
decision because the Office Memorandum was not directly passed by
Parliament. However, Parliament played a very important indirect role.
- The Report
of the Mandal Commission was discussed in Parliament.
- The President
of India mentioned the issue in his address to Parliament.
- The Prime
Minister made a statement in both Houses of Parliament about the
Cabinet decision.
These
discussions influenced and shaped the government’s decision. Parliamentary
debates created pressure on the government to implement the Mandal
Commission recommendations. If Parliament had opposed the decision, the
government could not have continued, because the Prime Minister must enjoy
the support of the Lok Sabha majority.
Why
Do We Need a Parliament?
In
every democracy, there is an assembly of elected representatives that
exercises supreme political authority on behalf of the people.
- In
India, this assembly is called Parliament.
- At
the state level, it is called the Legislative Assembly.
- Though
names differ, such an institution exists in all democracies.
Parliament
exercises political authority in the following important ways:
1.
Law Making Power
Parliament
is the final authority for making laws in the country.
It can:
- Make
new laws
- Amend
existing laws
- Repeal
old laws
Because
of this function, Parliament is also called the Legislature.
2.
Control Over the Government
Parliament
exercises control over the executive.
- In
India, this control is direct and complete.
- The
government can function only as long as it enjoys the support of
Parliament, especially the Lok Sabha.
- If
the Lok Sabha passes a no-confidence motion, the government must
resign.
3.
Control Over Money
Parliament
controls the national finances.
- The
government can spend public money only after Parliament approves it.
- The
budget and all money bills must be sanctioned by Parliament.
4.
Forum for Debate and Discussion
Parliament
is the highest forum for discussion and debate on:
- Public
issues
- National
policies
Parliament
can:
- Question
the government
- Seek
information on any matter
- Represent
the views of the people
Conclusion
Even
though Parliament may not take every decision directly, it influences,
controls, and shapes government decisions. This makes Parliament the most
important democratic institution and the true representative of the
people’s will.
Two
Houses of Parliament
In
modern democracies, especially in large countries, Parliament is divided
into two Houses. This system helps in:
- Better
representation of people and regions
- Careful
law-making
- Preventing
hasty decisions
Why
Two Houses?
- First
House: Directly elected by the people and exercises real power.
- Second
House: Indirectly elected and protects the interests of states and
regions.
Two
Houses of the Indian Parliament
In
India, Parliament consists of:
- Lok
Sabha – House of the People
- Rajya
Sabha – Council of States
The President
of India is also a part of Parliament, though not a member of either
House.
A law becomes effective only after the President gives assent.
Difference
Between Lok Sabha and Rajya Sabha
|
Basis |
Lok Sabha |
Rajya Sabha |
|
Meaning |
House
of the People |
Council
of States |
|
Total
Members |
543
elected members |
Maximum
250 members |
|
Method
of Election |
Directly
elected by people |
Indirectly
elected by elected MLAs |
|
Term |
5
years |
6
years |
|
Nature |
Can
be dissolved |
Permanent
House |
|
Represents |
People
of India |
States
and Union Territories |
Which
House is More Powerful?
Though
Rajya Sabha is sometimes called the Upper House, it is not more
powerful than the Lok Sabha. The Constitution gives greater powers to
the Lok Sabha.
Reasons
Why Lok Sabha Is More Powerful
- Joint
Sitting
- If
both Houses disagree on an ordinary bill, a joint session is
held.
- Since
Lok Sabha has more members, its view usually prevails.
- Money
Matters
- Money
Bills can be introduced only in Lok Sabha.
- Rajya
Sabha cannot reject a Money Bill.
- It
can only delay it by 14 days or suggest changes.
- Control
Over the Executive
- The Prime
Minister must have the support of the Lok Sabha majority.
- Lok
Sabha can pass a No-Confidence Motion.
- If
passed, the Prime Minister and Council of Ministers must resign.
- Rajya
Sabha does not have this power.
Importance
of Debate and Discussion
Even
if the ruling party has a majority:
- Debates
allow different views to be expressed
- Mistakes
can be pointed out
- Decisions
become more democratic and transparent
A
Day in the Life of the Lok Sabha
(7
December 2004 – Fourteenth Lok Sabha)
This
example shows how the Lok Sabha functions on a normal working day and
how it performs its legislative, financial, and controlling roles.
1.
Question Hour (11:00 a.m.)
- Various
ministries gave written answers to about 250 questions asked by
Members of Parliament (MPs).
- Questions
were related to:
- Government’s
policy on talks with militant groups in Kashmir
- Atrocities
against Scheduled Tribes
- Overpricing
of medicines by big companies
👉 Role shown:
- Parliament controls
the government by questioning ministers.
- Ensures accountability
and transparency.
2.
Presentation of Official Documents (12:00 noon)
Several
important documents were tabled, such as:
- Recruitment
rules of the Indo-Tibetan Border Police Force
- Annual
Report of IIT Kharagpur
- Accounts
of Rashtriya Ispat Nigam Limited
👉 Role shown:
- Parliament
examines government records and performance.
- Provides
opportunity for discussion and scrutiny.
3.
Ministerial Statements (12:02 p.m.)
- The
Minister of Development of North Eastern Region made a statement
on Revitalisation of the North Eastern Council.
- The
Minister of State for Railways presented a statement
regarding additional grants beyond the Railway Budget.
👉 Role shown:
- Parliament
is informed about government policies and programmes.
4.
Legislative Work (2:26 p.m.)
Two
important Bills were discussed and passed:
- The
Securities Laws (Amendment) Bill
- The
Enforcement of Security Interest and Recovery of Debts Laws (Amendment)
Bill
👉 Role shown:
- Parliament
acts as a law-making body.
5.
Debate on National and International Issues (4:00 p.m.)
- A
long discussion took place on:
- Foreign
policy of India
- Need
to maintain an independent foreign policy
- Situation
in Iraq
👉 Role shown:
- Parliament
is the highest forum of debate and discussion on public and
national issues.
6.
Adjournment (7:17 p.m.)
- Discussion
concluded and the House was adjourned for the next day.
Control
Over the Council of Ministers
- The Lok
Sabha controls the Council of Ministers.
- The
Prime Minister must enjoy the confidence of the majority in the
Lok Sabha.
- If
a No-Confidence Motion is passed:
- The
Prime Minister and all ministers must resign.
- The Rajya
Sabha does not have this power.
Conclusion
This
ordinary day shows that the Lok Sabha:
- Questions
the government
- Examines
documents
- Makes
laws
- Debates
national and international issues
- Controls
the executive
Thus,
Parliament plays a central role in democratic governance.
4.3
POLITICAL EXECUTIVE
The
story of the Office Memorandum shows that the officer who signed the
document did not take the decision. He only implemented the
policy decision taken by higher authorities. The Prime
Minister played a key role in taking the decision, but even he could not
act without the support of the Lok Sabha. In this way, the Prime Minister
was also carrying out the wishes of Parliament.
Meaning
of Executive
At
different levels of government, there are many officials who
take day-to-day decisions but do not exercise supreme power on behalf
of the people. All such officials together are called the executive.
They
are called executive because they are responsible for the execution of
government policies. Therefore, when we generally talk about the “government”,
we usually mean the executive.
Political
and Permanent Executive
In
a democratic country, the executive is of two types:
1.
Political Executive
- Consists
of elected representatives.
- Includes
the Prime Minister and Council of Ministers.
- Elected
for a fixed period.
- Takes major
policy decisions.
- Answerable
to the people.
2.
Permanent Executive (Civil Services)
- Consists
of appointed officials.
- Includes civil
servants.
- Appointed
on a long-term basis.
- Remain
in office even when governments change.
- Assist
the political executive in day-to-day administration.
In
the Office Memorandum case, the political executive took the decision,
while civil servants drafted and implemented the order.
Why
Does the Political Executive Have More Power?
Although
civil servants are often more educated and technically knowledgeable,
ministers have more power because:
- Ministers
are elected by the people.
- They
represent the will of the people, which is supreme in a democracy.
- Ministers
are accountable to the public for their decisions.
- Civil
servants are not directly answerable to the people.
Therefore,
final authority must rest with elected representatives, not experts.
Role
of Ministers and Experts
- Ministers
decide the overall objectives and policy framework.
- They
take advice from experts and civil servants.
- Experts
may give different opinions or options.
- The
minister chooses the option that best suits the public interest.
Just
like in large organisations:
- Experts
suggest the route,
- Leaders
decide the destination.
In
a democracy, elected ministers perform this leadership role.
Conclusion
The
political executive is more powerful than the permanent executive because it:
- Represents
the people
- Takes
major decisions
- Is
accountable to Parliament and citizens
This
ensures that governance remains democratic and people-oriented.
Prime
Minister and Council of Ministers
The Prime
Minister is the most important political institution in India.
Although the Prime Minister holds great power, there is no direct
election to this post.
Appointment
of the Prime Minister
- The President
appoints the Prime Minister.
- The
President cannot appoint anyone at will.
- She
must appoint:
- The leader
of the majority party, or
- The
leader of a coalition of parties that has majority support in
the Lok Sabha.
- If
no party or coalition has a clear majority, the President appoints the
person most likely to secure majority support in the Lok Sabha.
Tenure
of the Prime Minister
- The
Prime Minister does not have a fixed term.
- He
remains in office as long as he enjoys the support of the majority in
the Lok Sabha.
Appointment
of Other Ministers
- After
appointing the Prime Minister, the President appoints other ministers
on the advice of the Prime Minister.
- Ministers
are usually chosen from:
- The
ruling party, or
- The
coalition partners in the Lok Sabha.
- Ministers
must be members of Parliament.
- A
person who is not a member of Parliament can also be appointed
as a minister, but must get elected to either House within six
months.
Council
of Ministers
The Council
of Ministers is the official body that includes all ministers. It usually
consists of 60 to 80 ministers of different ranks.
Types
of Ministers
1.
Cabinet Ministers
- Top-level
leaders of the ruling party or coalition.
- In
charge of major ministries.
- Take important
policy decisions.
- Cabinet
is the inner circle of the Council of Ministers.
- Usually
consists of about 25 ministers.
2.
Ministers of State with Independent Charge
- Head smaller
ministries independently.
- Attend
Cabinet meetings only when invited.
3.
Ministers of State
- Assist
Cabinet Ministers.
- Do
not have independent charge of a ministry.
Role
of the Cabinet
- Since
all ministers cannot meet regularly, real decisions are taken in
Cabinet meetings.
- This
is why parliamentary democracy is often called a Cabinet form of
government.
- The
Cabinet functions as a team.
Principle
of Collective Responsibility
- All
ministers must support every Cabinet decision.
- No
minister can publicly criticise a decision of the government.
- Even
if a minister disagrees privately, he or she must defend the decision
publicly.
Role
of Civil Servants
- Each
ministry has secretaries, who are senior civil servants.
- They
provide:
- Background
information
- Expert
advice
- The Cabinet
Secretariat, consisting of senior civil servants, helps:
- Coordinate
the work of different ministries
- Assist
the Cabinet in decision-making
Conclusion
The
Prime Minister and the Council of Ministers form the core of the political
executive. While civil servants assist with expertise and
administration, final authority lies with elected ministers, ensuring
democratic accountability.
Powers
of the Prime Minister
The Constitution
of India does not clearly define the powers of the Prime Minister or his
relationship with other ministers. However, as the head of the government,
the Prime Minister enjoys wide-ranging powers in practice.
Major
Powers of the Prime Minister
1.
Head of the Cabinet
- The
Prime Minister chairs Cabinet meetings.
- He coordinates
the work of different ministries and departments.
- In
case of disputes between ministries, his decision is final.
2.
Control over Ministers
- All
ministers work under the leadership of the Prime Minister.
- He allocates
and reallocates portfolios to ministers.
- He
has the power to dismiss ministers.
- When
the Prime Minister resigns, the entire Council of Ministers
resigns with him.
Prime
Minister as the Most Powerful Authority
- If
the Cabinet is the most powerful institution, then
the Prime Minister is the most powerful within the Cabinet.
- Due
to the increasing importance of the Prime Minister, parliamentary
democracies are sometimes described as a Prime Ministerial form of
government.
Reasons
for Increasing Powers of the Prime Minister
- Role
of Political Parties
- The
Prime Minister controls the Cabinet and Parliament through the ruling
party.
- Role
of Media
- Media
projects elections as a contest between top leaders, increasing the Prime
Minister’s influence.
- Personal
Leadership
- Strong
leaders exercise more authority.
- Examples:
- Jawaharlal
Nehru exercised enormous authority due to his mass popularity.
- Indira
Gandhi was more powerful than many of her Cabinet colleagues.
Limitations
on the Power of the Prime Minister
In
recent years, the rise of coalition politics has reduced the absolute
power of the Prime Minister.
- A
coalition Prime Minister:
- Cannot
take decisions independently.
- Must accommodate
coalition partners.
- Has
to consider the views of:
- Party
factions
- Alliance
partners
- Supporting
parties
- The
survival of the government depends on maintaining the support of coalition
partners.
Conclusion
The
Prime Minister is the central figure of the political executive with
extensive powers. However, these powers are not absolute and are
limited by:
- Parliamentary
responsibility
- Coalition
politics
- Political
circumstances
The
President of India
While
the Prime Minister is the head of the government,
the President is the head of the State. In India, the President
enjoys nominal powers, similar to the Queen of Britain, whose role is
largely ceremonial.
The
President supervises the overall functioning of all political
institutions so that they work together smoothly to achieve the objectives of
the State.
Election
of the President
- The
President is not elected directly by the people.
- She
is elected by:
- Elected
Members of Parliament (MPs)
- Elected
Members of Legislative Assemblies (MLAs)
- A
candidate must secure a majority of votes.
This
system ensures that:
- The
President represents the entire nation, but
- Does
not have a direct popular mandate like the Prime Minister.
Therefore,
the President remains a nominal executive.
Powers
of the President (On Paper)
A
casual reading of the Constitution gives the impression that the President has
vast powers:
- All
government work is carried out in the name of the President.
- All laws
and policy decisions are issued in her name.
- All major
appointments are made in her name, including:
- Chief
Justice of India
- Judges
of the Supreme Court and High Courts
- Governors
- Election
Commissioners
- Ambassadors
- All international
treaties are signed in her name.
- She
is the Supreme Commander of the Defence Forces.
Real
Position of the President
In
reality:
- The
President exercises all powers on the advice of the Council of
Ministers.
- She
can ask the Council of Ministers to reconsider their advice.
- If
the same advice is given again, she is constitutionally bound to
accept it.
Role
in Law-Making
- A
bill becomes law only after the President gives assent.
- She
can:
- Delay
the bill
- Send
it back to Parliament for reconsideration
- If
Parliament passes the bill again, the President must sign it.
Discretionary
Power of the President
The
most important independent role of the President is in the appointment of
the Prime Minister.
Two
Situations:
- Clear
Majority
- When
a party or coalition has a clear majority,
- The
President must appoint the leader of the majority as Prime
Minister.
- Hung
Parliament
- When
no party or coalition has a clear majority,
- The
President uses her discretion.
- She
appoints a leader who, in her opinion, can secure majority support.
- She
may ask the Prime Minister to prove majority on the floor of the Lok
Sabha within a fixed time.
Conclusion
The
President is the constitutional head of the State with vast powers in
theory but limited powers in practice. She acts mainly on the advice of the
Council of Ministers, except in special situations like appointing the Prime
Minister in a hung Parliament.
The
Presidential System
Presidents
in all countries do not have nominal powers like the President of
India. In many countries, the President is both the head of the
State and the head of the Government.
The President
of the United States of America is the best-known example of this system.
Features
of the Presidential System
1.
Dual Role of the President
- The
President is:
- Head
of the State
- Head
of the Government
- All
executive powers are concentrated in the President.
2.
Direct Election
- The
President is directly elected by the people.
- Therefore,
he enjoys a direct popular mandate.
3.
Appointment of Ministers
- The
President personally chooses and appoints all ministers.
- Ministers
are responsible only to the President, not to the legislature.
4.
Separation from Legislature
- Law-making
is done by the legislature:
- In
the USA, it is called the Congress.
- The
President can veto laws passed by the legislature.
- The
President:
- Does not
need the support of the majority in the legislature
- Is not
answerable to the legislature
5.
Fixed Tenure
- The
President has a fixed term of four years.
- He
completes his term even if:
- His
party does not have a majority in the Congress.
Countries
Following the Presidential System
- United
States of America
- Most
countries of Latin America
- Many former
Soviet Union countries
Why
is it Called the Presidential System?
- Because
the President occupies a central position in governance.
- Most
powers are concentrated in the hands of the President.
Comparison
with India
- India
follows the Parliamentary system of government.
- In
this system:
- Parliament
is supreme
- The
executive is answerable to Parliament
- The
President is a nominal executive
Conclusion
The
Presidential system is characterised by a strong President with real
executive powers, direct election, fixed tenure, and separation from the
legislature. This is different from India’s parliamentary system,
where Parliament and the Prime Minister hold real power.
4.4
THE JUDICIARY
The
story of the Office Memorandum ended peacefully because
the Supreme Court gave a verdict that was accepted by everyone. This
shows why a strong and independent judiciary is essential for
democracy.
Imagine
if:
- There
was no Supreme Court
- Or
it had no power to judge government actions
- Or
people did not trust the courts
- Or
court judgments were not accepted
In
such situations, democracy could not function properly.
Meaning
of Judiciary
All
courts at different levels in a country together form the judiciary.
Structure
of Indian Judiciary
- Supreme
Court (for the entire country)
- High
Courts (at the state level)
- District
Courts
- Local
courts
India
has an integrated judiciary, meaning:
- The Supreme
Court controls judicial administration
- Its
decisions are binding on all other courts
Jurisdiction
of the Supreme Court
The
Supreme Court can hear disputes:
- Between citizens
- Between citizens
and government
- Between two
or more state governments
- Between
the Union and State governments
It
is the highest court of appeal in:
- Civil
cases
- Criminal
cases
It
can hear appeals against High Court decisions.
Independence
of the Judiciary
Judicial
independence means:
- Judiciary
is not under the control of the legislature or executive
- Judges
do not act on government orders
- Judges
do not follow the wishes of the ruling party
Appointment
of Judges
- Judges
are appointed by the President
- On
the advice of the Prime Minister
- In
consultation with the Chief Justice of India
- In
practice, senior judges select new judges
- There
is very little political interference
Security
of Tenure
- Judges
are very difficult to remove
- Removal
requires:
- Impeachment
- Passed
by two-thirds majority in both Houses of Parliament
- No
judge has ever been removed in Indian history
Powers
of the Judiciary
1.
Judicial Review
- Courts
can interpret the Constitution
- They
can declare laws or executive actions invalid if unconstitutional
- This
power is called judicial review
2.
Guardian of the Constitution
- The
Supreme Court has ruled that the basic structure of the Constitution
cannot be changed by Parliament
3.
Protector of Fundamental Rights
- Citizens
can approach courts if their rights are violated
- Courts
provide remedies against injustice
Public
Interest Litigation (PIL)
- Any
citizen can approach the court if public interest is affected
- Courts
intervene to:
- Prevent
misuse of government power
- Check
corruption and malpractice
- Protect
human rights
- This
strengthens democracy and public trust
Conclusion
The
Indian judiciary is one of the most powerful and independent in the
world. Its powers of judicial review, protection of fundamental rights, and
independence from political pressure make it the guardian of democracy.
EXERCISES – ANSWERS
1.
If you are elected as the President of India, which of the following decisions
can you take on your own?
Answer:
The President can take the following decision on her own:
✅ (a) Selecting the
person to be the Prime Minister when no party or coalition has a clear
majority in the Lok Sabha.
❌ The President cannot take the
following decisions independently:
- Appointing
the Judges of the Supreme Court
- Dismissing
the Lok Sabha
- Declaring
a state of emergency
(All
these are taken on the advice of the Council of Ministers.)
2.
Who among the following is a part of the political executive?
Answer:
✅ (a) Prime Minister
❌ District Collector
❌ Secretary of the Ministry of Home
Affairs
❌ Director General of Police
➡️ Correct
answer: Prime Minister
(Political executive = elected representatives)
3.
Which of the following statements about the judiciary is false?
Answer:
❌ (a) Every law passed
by the Parliament needs approval of the Supreme Court
✔️ All other statements are correct.
4.
Which of the following institutions can make changes to an existing law of the
country?
Answer:
✅ (a) The Parliament
❌ Supreme Court
❌ The President
❌ Prime Minister
➡️
Law-making power lies with Parliament.
5.
Match the following
|
Column A |
Column B |
|
(a)
Executive |
(iv)
Implements laws |
|
(b)
Legislature |
(i)
Makes laws |
|
(c)
Judiciary |
(iii)
Interprets laws |
|
(d)
Prime Minister |
(ii)
Head of the government |
6.
Take a political institution of your choice and describe its working with the
help of an example.
Answer
(Example: Parliament)
Parliament
is the supreme law-making body in India. It consists of the President, Lok
Sabha, and Rajya Sabha. Parliament debates, discusses, and passes laws. It
controls the executive by asking questions, debating policies, and passing or
rejecting money bills. For example, the Mandal Commission recommendations were
discussed in Parliament, which influenced the government to implement job
reservations. Thus, Parliament plays a vital role in democratic governance.
7.
What makes the Prime Minister the most powerful executive in India?
Answer:
The
Prime Minister is the most powerful executive because:
- He
chairs Cabinet meetings
- Coordinates
the work of ministries
- Allocates
and reshuffles portfolios
- Can
dismiss ministers
- The
entire Council of Ministers resigns if he resigns
- Controls
Parliament through the ruling party
Thus,
the Prime Minister is the real executive authority.
8.
What is the role of the President of India?
Answer:
The
President is the nominal head of the State. She:
- Appoints
the Prime Minister
- Appoints
judges, governors, and ambassadors
- Gives
assent to bills
- Acts
as Supreme Commander of defence forces
However,
she exercises these powers only on the advice of the Council of Ministers,
except in special situations like a hung Parliament.
9.
Explain the need for an independent judiciary.
Answer:
An
independent judiciary is necessary because:
- It
protects the Constitution
- Safeguards
Fundamental Rights
- Prevents
misuse of government power
- Ensures
fair justice
- Maintains
balance between legislature and executive
Judicial
independence strengthens democracy and public confidence.
10.
What is judicial review?
Answer:
Judicial
review is the power of the Supreme Court and High Courts to:
- Examine
laws and government actions
- Declare
them unconstitutional if they violate the Constitution
It
makes the judiciary the guardian of the Constitution.
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