Working of Institutions

 Working of Institutions

How Are Major Policy Decisions Taken?

This section explains how the government takes important decisions through a proper democratic process, involving different institutions (like ministers, civil servants, and the Parliament).

A Government Order – The Mandal Commission Case (1990)

What was the Government Order?

• Date: August 13, 1990
• Issued by: Department of Personnel and Training, Government of India
• Announced 27% reservation for Socially and Educationally Backward Classes (SEBC) in government jobs.
• Based on the Mandal Commission's recommendations.

What is an Office Memorandum (OM)?:- It is an official written order by the government.

This OM announced a major policy change – adding reservation for Other Backward Classes (OBCs) in central government jobs.

The Decision-Making Process:

• Mandal Commission Report (1979):
• Formed by the Janata government, led by PM Morarji Desai.
• Commission studied the condition of backward classes and recommended 27% reservation in jobs.

Decision by Political Executive:

• In 1990, PM V.P. Singh decided to implement the Mandal Commission’s report.
• This decision was political and taken by the Council of Ministers.

Issuing the Order:

The Department of Personnel issued the Office Memorandum (OM) based on the PM’s decision.

Public Response:

• The decision led to nationwide protests, especially among students.
• Some supported it as a step towards social justice.

Judicial Review:

• The decision was challenged in the Supreme Court.
• The court upheld the reservation but added conditions (like the concept of creamy layer).

Need for Political Institutions

• Countries need rules and policies.
• Institutions like Parliament, Prime Minister, and Courts are needed to make and implement these.
• They ensure that decisions are not taken by just one person, but go through a proper system.

What is Parliament?

Parliament is the supreme law-making body in India. It represents the people of the country and plays a vital role in our democracy.

In India, Parliament has two houses:

• Lok Sabha (House of the People)
• Rajya Sabha (Council of States)

Why Do We Need a Parliament?

1. Law-Making

2. Representation of the People

3. Control Over the Executive

4. Approval of Budget and Policies

5. Forum for Debate and Discussion

1. Lok Sabha (Lower House):- Also called House of the People

• Maximum strength: 552 members
• 530 from states
• 20 from Union Territories
• 2 can be nominated by the President (from Anglo-Indian community — this is now discontinued after the 104th Amendment in 2020)
• Currently: Around 543 elected members

2. Rajya Sabha (Upper House):- Also called Council of States

• Maximum strength: 250 members
• 238 elected by State Legislative Assemblies
• 12 nominated by the President (eminent persons from art, science, literature, social service)
• Currently: Around 245 members

Special Powers of Rajya Sabha and Lok Sabha

Equal Role in Non-Money Bills

• In the case of ordinary bills, both houses have equal power.
• A bill must be passed by both Rajya Sabha and Lok Sabha to become law.

Rajya Sabha cannot start or reject a Money Bill:-Rajya Sabha can only delay it by 14 days or recommend changes, which the Lok Sabha may or may not accept.

Lok Sabha controls the Councils of Ministers:- If the members of Lok Sabha say they have 'no confidence' in the Council of Ministers, all the elected ministers including Prime Minister , have to quit. Rajya Sabha does not hace this power.

What is the Executive? :- The Executive is the branch of government that implements the laws made by the Parliament and runs the administration of the country.

It is divided into two types:

1. Political Executive

• Elected by the people.
• Includes the Prime Minister, Council of Ministers, Chief Ministers, etc.

Key Features:

• Holds real power.
• Changes with every election.
• Takes major policy decisions.
• Accountable to the public through the Parliament.

2. Permanent Executive (Civil Services)

• Appointed government officials (not elected).
• Includes IAS, IPS, and other government officers.

Key Features:

• Known as civil servants or bureaucrats.
• Implement the decisions of the Political Executive.
• Have expert knowledge in administration.
• Stay in office regardless of which party is in power.

 The Prime Minister and the Council of Ministers

• Prime Minister: Head of the government, leader of the majority party.
• Council of Ministers:
• Cabinet Ministers (senior)
• Ministers of State (junior)
• They work under the leadership of the PM.

Powers of the Prime Minister:- The Prime Minister (PM) is the head of the government in India and the most powerful political leader in the country.

1. Leader of the Council of Ministers

2. Leader of the Lok Sabha

3. Advises the President

4. Takes Major Policy Decisions

5. Represents the Nation

The President of India:- The President is the head of the state and the first citizen of India.

India follows a parliamentary system, so the President is a nominal executive (means symbolic head), while the real power lies with the Prime Minister and the Council of Ministers.

How is the President Elected?

• The President is not directly elected by the people.
• Elected by an Electoral College (which includes MPs of Parliament and MLAs of State Assemblies).

Powers and Functions of the President

1. Executive Powers

• Appoints the Prime Minister and other ministers (on PM’s advice).
• Appoints important officials: Governors, Chief Justice, judges of Supreme Court & High Courts, Election Commissioners, Ambassadors.
• Administers Union Territories through Lieutenant Governors.

2. Legislative Powers

• Summons and dissolves Parliament.
• Delivers the opening address in Parliament at the beginning of a new session.
• Gives assent (approval) to bills passed by Parliament so they become laws.
• Can nominate 12 members to the Rajya Sabha (experts in arts, science, literature, and social service).
• Can nominate 2 members from the Anglo-Indian community to the Lok Sabha (this was discontinued after 104th amendment in 2020).

3. Financial Powers

• Ensures that the Annual Budget is presented in Parliament.
• No money bill can be introduced in Parliament without the President’s permission.

4. Military Powers

• Supreme Commander of the Indian Armed Forces.
• Appoints the chiefs of the Army, Navy, and Air Force.
• Can declare war or peace, but only with approval of Parliament.

5. Judicial Powers

Can grant pardons, reprieves, or reduce punishment in certain cases (especially death sentences or cases involving union laws).

6. Emergency Powers:- During an emergency, the President gets extraordinary powers, such as:

• National Emergency
• President’s Rule in a state
• Financial Emergency

The Judiciary:- It is essential features of democracy. It is an independent and powerful organ. 

How Judge Appointed:- The judge of the Supreme and High courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Courts.

How Judge can be remove from that position:- A judge can be removed only by an impeachment motion passed separately by two-thirds members of the two houses of the parliament.

India has a three-tier court system:

1. Supreme Court (Top Level)

2. High Courts (Middle Level)

3. District Courts / Subordinate Courts (Lower Level)

Power of Supreme and High Court

1. Judicial Review

• The judiciary can review laws and actions of the government.
• If a law is against the Constitution, the court can declare it invalid (unconstitutional).

2. Upholding the Law and Constitution

• Ensures that all laws are followed properly.
• The judiciary is the guardian of the Constitution.

3. Protection of Fundamental Rights

• You can go to the courts if your Fundamental Rights are violated.
• The courts can issue orders to protect your rights.

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