WORKING OF INSTITUTIONS

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?

  1. 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.
  2. 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.
  3. 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.
  4. 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?

  1. Division of Work
    • Some institutions take policy decisions.
    • Others are responsible for implementing these decisions.
    • Courts resolve disputes related to decisions.
  2. Clear Responsibility
    • Institutions help people know who is responsible for what.
    • This avoids confusion and ensures accountability.
  3. Continuity of Government
    • Institutions ensure that work continues even when leaders change.
    • The system remains stable and functional.
  4. 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:

  1. Lok Sabha – House of the People
  2. 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

  1. 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.
  2. 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.
  3. 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

  1. Role of Political Parties
    • The Prime Minister controls the Cabinet and Parliament through the ruling party.
  2. Role of Media
    • Media projects elections as a contest between top leaders, increasing the Prime Minister’s influence.
  3. 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:

  1. Clear Majority
    • When a party or coalition has a clear majority,
    • The President must appoint the leader of the majority as Prime Minister.
  2. 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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