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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ELECTORAL POLITICS

ELECTORAL POLITICS

Why Election?

1. To Choose Representatives:- In a democracy, people don’t make laws directly. Instead, they elect leaders who make decisions on their behalf.

2. To Form a Government:- Elections help in choosing the government. The party (or coalition) that wins the majority forms the ruling government.

3. To Ensure Accountability:- If leaders don’t perform well, people can vote them out in the next election. This keeps leaders answerable to the public.

4. To Give People a Voice:- Elections give every citizen the right to express their opinion through voting.

Everyone’s vote is equal, regardless of their status or background.

5. To Keep Democracy Alive:- Without elections, there would be no way to change leaders peacefully. Elections are the heartbeat of democracy — they keep the system working fairly.

Assembly Election in Haryana :- In 1987, a major movement in Haryana was led by Devi Lal, a prominent farmer leader and politician.

The 1987 Movement in Haryana:

• Devi Lal launched a "Nyaya Yudh" (Justice Movement).
• He promised to give a clean government and support to farmers and poor people.
• His campaign gained massive public support.

What Happened in the 1987 Elections?

• The people of Haryana were unhappy with the ruling government.
• Devi Lal’s party won the state election with a huge majority.
• He became the Chief Minister of Haryana.

Why Do We Need Elections?

• Choice of leadership: People can choose who will represent them.
• Change of leadership: If people are unhappy, they can elect someone new.
• Accountability: Leaders are accountable to the people because they can be voted out.

What Makes an Election Democratic?

• Free and fair elections: No cheating, pressure, or unfair advantages.
• Regular elections: Held every few years.
• Universal adult franchise: Every citizen above 18 can vote.
• Right to contest: Everyone has the right to stand in elections.

Is Political Competition is Good:

1. Gives People a Choice

Multiple parties and candidates mean people can choose the best one.

Voters can compare policies, promises, and performance.

2. Leaders Work Harder

To win elections, parties and leaders work sincerely for the public.

They try to solve problems and fulfill promises.

3. Keeps Government Accountable

If the ruling party does not perform well, people can vote them out.

It creates a pressure to perform better.

4. Encourages Debate and Ideas

Different parties bring different views and solutions.

This leads to healthy discussions on national issues.

There Are Some Drawbacks Too:

1. Use of Unfair Means

Sometimes parties use money, muscle power, or fake promises.

2. Too Much Focus on Winning

Parties may focus only on winning elections, not on real issues.

3. Divisive Tactics

Some leaders use religion, caste, or language to divide people.

How Do Elections Take Place in India?

Constituencies: The country is divided into areas called constituencies. One representative is elected from each.

Voters' List: List of all eligible voters is prepared.

Nomination of Candidates: Political parties or individuals file nominations.

Election Campaign: Candidates promote themselves, share plans, and ask for votes.

Polling and Counting: Voting is done through EVMs (Electronic Voting Machines). Votes are counted and the winner is declared.

Genral Election:- Election held every 5 years.

By-Election:- Sometimes election is held only for one constituency to fill the vacancy caused by death or regisnation of a member.

What Makes Elections in India Democratic?

1. Universal Adult Franchise

2. Regular Elections

3. Free and Fair Elections

4. Independent Election Commission (ECI)

5. Right to Contest

6. Secret Ballot

7. Level Playing Field:- All political parties have the right to campaign and reach out to voters. 

There are rules to ensure fair competition.

Challenges to Free and Fair Elections in India

1.Use of Money Power

2.Use of Muscle Power

3.Fake or Bogus Voting

4.Misuse of Government Resources

5.Unfair Media Influence

6.False Promises & Vote-Buying

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Chapter - 2 Constitutional Design

Chapter - 2 Constitutional Design

What is Constitutional Design?

Constitutional Design refers to the process of creating a framework or set of rules that govern a nation, ensuring that it operates in a fair, just, and democratic manner. A constitution is the supreme law that lays down the fundamental principles, values, and guidelines for governance.

Why is Constitutional Design Important?

• Establishing a Just Society: A constitution helps in creating a framework for a just society where all individuals are treated equally, their rights are protected, and there is a sense of fairness.
• Limiting Power: A constitution is designed to ensure that no single entity or individual can have unchecked power. It creates mechanisms to balance power and ensure that there are checks and balances.
• Preventing Abuse of Power: One of the primary functions of a constitution is to protect the rights of the people from any form of authoritarian rule or abuse of power by the government.
• Promoting Democracy: The constitution creates the foundation for democracy, allowing citizens to participate in the governance of their country through elections and other forms of representation.
• Resolving Conflicts: A good constitution helps manage and resolve conflicts within society, whether these are social, economic, or political conflicts. It also helps in managing diversity and promoting unity.

The Democratic Constitution of South Africa 

Nelson Mandela’s Struggle Against Apartheid

• Nelson Mandela was a central figure in the struggle against apartheid, a system of institutionalized racial segregation enforced by the white minority government in South Africa.
• Early activism: Mandela joined the African National Congress (ANC) in 1944 and helped form the ANC Youth League.
• Defiance Campaign: In the 1950s, Mandela led non-violent protests and defiance campaigns against apartheid laws.
• Imprisonment: In 1964, Mandela was arrested and later sentenced to life in prison for sabotage. He spent 28 years in prison, mostly on Robben Island.
• Release and negotiations: Mandela was released in 1990, and he played a key role in negotiating the peaceful transition from apartheid to democracy.
  

Towards a New Constitution

• The journey to South Africa's new constitution was complex and required negotiation, compromise, and unity.
• End of apartheid: By the late 1980s, internal resistance, international pressure, and economic sanctions pushed the government to begin talks.
• Interim Constitution: In 1993, an Interim Constitution was adopted, which led to the country’s first democratic elections in 1994.
• Democratic elections: On 27 April 1994, South Africans of all races voted for the first time. Nelson Mandela became the first black President of South Africa.
• Final Constitution: After a public consultation process, the final constitution was adopted in 1996, bringing a new era of rights, democracy, and nation-building.
• Forgives the whites for the artocities.
• no one should be treated demon.

Why Do We Need a Constitution?

A constitution is a set of rules and principles that guides how a country is run. It is important because:

Provides Rules for the Government

It tells us how the government should be formed, what powers it has, and how it should work.

Protects People's Rights

It guarantees fundamental rights to all citizens, such as the right to equality, freedom, and education.

Maintains Equality and Justice

It ensures that everyone is treated equally and fairly, no matter their race, religion, caste, or gender.

Limits the Power of Government

It stops the government from becoming too powerful or misusing its powers.

Expresses National Values

It reflects the beliefs and values that the country stands for—like democracy, justice, and freedom.

Brings Unity in Diversity

In a diverse country like India (or South Africa), the constitution helps keep everyone united by respecting different cultures, languages, and religions.

Making of the Indian Constitution

After India got independence from British rule on 15th August 1947, the leaders of our country decided to make a new constitution to guide the nation.

1. Constituent Assembly

• The task of writing the Constitution was given to a special group called the Constituent Assembly.
• It was formed in 1946 and had Dr. Rajendra Prasad as its Chairman.
• The assembly included leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, Maulana Azad, and many more.

2. Role of Dr. B.R. Ambedkar

• Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
• He is known as the Father of the Indian Constitution because he played a key role in writing it.

3. Process of Making

• The Constituent Assembly held many meetings and discussions.
• It studied other countries’ constitutions and adapted the best ideas to suit India.
• The assembly took nearly 3 years to complete the Constitution.

4. Adoption of the Constitution

• The Constitution was adopted on 26th November 1949.
• It came into effect on 26th January 1950, which we now celebrate as Republic Day.

Key Points

• Written by the Constituent Assembly.
• Took 2 years, 11 months, and 18 days to complete.
• Dr. B.R. Ambedkar played a major role.
• Adopted on 26th November 1949.
• Came into effect on 26th January 1950.

Problems India Faced While Drawing Up the Constitution

When India was writing its Constitution after independence in 1947, the country faced many serious challenges:

1. Partition of India

• India was divided into India and Pakistan in 1947.
• This caused massive violence, loss of lives, and forced migration of millions of people.
• There was communal tension between Hindus and Muslims.

2. Princely States

• India had over 500 princely states (like Hyderabad, Kashmir, etc.) that were not directly under British rule.
• These states had to be convinced or forced to join the Indian Union.

3. Poverty and Illiteracy

• India was a poor country with a large number of people who were illiterate.
• It was a challenge to build a democratic system in such conditions.

4. Social Inequality

• Indian society was divided by caste, religion, and gender.
• There was discrimination against Dalits, women, and minorities.
• The Constitution had to promote equality and justice for all.

5. Lack of Unity

• India was a very diverse country with many languages, religions, and cultures.
• The Constitution had to create a sense of unity among all Indians while respecting diversity

Which Factors Contributed to the Making of the Indian Constitution?

1. British Rule and Freedom Struggle

• Indians suffered under British colonial rule.
• The freedom struggle taught people the value of freedom, equality, and justice.
• Leaders like Gandhi, Nehru, Ambedkar wanted a system that gave power to the people.

2. Influence of Other Countries’ Constitutions

• The makers of the Constitution studied other countries:
• Britain – Parliamentary system.
• USA – Fundamental rights and independence of the judiciary.
• USSR (now Russia) – Idea of social and economic equality.
• France – Liberty, equality, and fraternity.
• Ireland – Directive Principles of State Policy.

3. Government of India Act, 1935

• This British law gave India some self-rule.
• It became the basis for many parts of the Indian Constitution.

4. Diversity of India

• India has many religions, languages, and cultures.
• The Constitution had to protect this diversity while keeping the country united.

5. Desire for Justice and Equality

• Indian society had problems like caste discrimination, gender inequality, and untouchability.
• The Constitution aimed to create a country where everyone is equal and respected.

6. Contribution of Great Leaders

Leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, Sardar Patel, and others worked hard to create a Constitution for a free, fair, and democratic India.

Guiding Values of the Indian Constitution

The Indian Constitution is based on certain important values that guide how our country is governed. These values are clearly mentioned in the Preamble of the Constitution.

• Sovereign – Independent nation
• Socialist – Fairness and equality in society
• Secular – All religions are equal
• Democratic – People choose their leaders
• Republic – Elected head of state
• Plus: Justice, Liberty, Equality, Fraternity

 What is the Preamble of the Constitution?

The Preamble is the introduction to the Constitution. It tells us the goals, values, and purpose of the Constitution. It is like a summary of what the Constitution stands for.

What is Institutional Design?

Institutional design means creating a system of rules and institutions that help run a country in a fair and organized way.

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Chapter - 1 What is Democracy? Why Democracy?

Chapter - 1 What is Democracy? Why Democracy? –

What is Democracy?

"Democracy is a form of government in which the rulers are elected by the people."

Democracy is a government of the people, by the people, and for the people, where all citizens have equal rights to participate in the decision-making process.

• Democracy is a form of government in which:
• The rulers are elected by the people.
• People have the right to vote and choose their leaders.
• Elections are held regularly and fairly.
• There is freedom of speech, expression, and equality.
• One person , one vote one value.
• The government functions according to the law and Constitution.

Features of Democracy

• Elected Leaders: Leaders are chosen by the people through free and fair elections.
• Majority Rule with Respect to Minority Rights: The decision of the majority is followed, but the rights of minorities are also protected.
• Rule of Law: Everyone is equal before the law, even leaders.
• Accountability: The government is responsible to the people.
• Independent Judiciary: Courts are free from political influence.
• Freedom and Rights: Citizens have rights like freedom of speech, religion, and equality.

Why Democracy? (Merits of Democracy)

• More accountable than other forms of government.
• Improves the quality of decision-making (because it's based on discussion and debate).
• Provides a method to deal with differences and conflicts peacefully.
• Respects people’s rights and dignity.
• Allows people to correct their own mistakes (leaders can be changed in the next election).

Arguments Against Democracy (Demerits)

• Leaders keep changing — leads to instability.
• Democracy involves delay in decision-making.
• Elected leaders may not be aware or well-informed.
• It may lead to bad decisions if people are not educated.
• Sometimes democracy is about numbers, not quality.

Example of Pakistan – Is it a Democracy?

• General Pervez Musharraf took over power in Pakistan in 1999 through a military coup.
• In 2002, he held a referendum in which people were asked to vote for keeping him as President. It was claimed to be democratic, but:
• The referendum was not fair or free.
• People had no real choice.
• In 2002, Musharraf changed the constitution and gave himself the power to dismiss the national or provincial assemblies.

Why Pakistan Was Not Considered a True Democracy:

• Military rule – The leader was not elected by the people in a fair election.
• The real power was in the hands of a military ruler, not elected representatives.
• No free and fair elections.
• People did not have the right to choose their leaders freely.

Example of China – Is it a Democracy?

• China is officially called the People’s Republic of China.
• Elections are held regularly after every 5 years.
• The National People’s Congress is the Chinese parliament, and it has nearly 3,000 members.

But why China is not a true democracy?

• Only one political party – the Communist Party of China.
• People can vote, but they can only choose candidates approved by the Communist Party.
• No real competition – no opposition parties allowed.
• So, even though elections are held, people don’t have a real choice.

Example of Zimbabwe – Is it a Democracy?

• Zimbabwe became independent in 1980.
• Robert Mugabe was the leader of the ZANU-PF party (Zimbabwe African National Union – Patriotic Front).
• He ruled the country for many years through elections.

Why Zimbabwe is not considered a true democracy:

• Elections were held, but they were often rigged.
• Opposition parties were harassed and threatened.
• Public protests were banned.
• Government controlled media, so people didn’t get the full truth.
• Robert Mugabe remained in power for a very long time, even though democracy means changing leaders through fair elections.

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