Working of Institutions

• Introduction

  • Democracy is more than just choosing rulers.
  • Rulers must work within well-established institutions.
  • Three key institutions govern India.

• Need for Political Institutions

  • Decisions require decision-makers (Political Executive).
  • Implementation requires administrative machinery (Permanent Executive).
  • Disputes are resolved by the Judiciary.
  • Purpose: Ensure smooth functioning, accountability, and prevent arbitrary decisions.

• Major Policy Decision: Office Memorandum

  • Example used: Reservation for Socially and Educationally Backward Classes (SEBC).
  • Key steps in implementation:
    • Mandal Commission (1979) recommended 27% reservation.
    • Janata Dal promised implementation in the 1989 election.
    • VP Singh (Prime Minister) announced the decision in 1990.
    • Office Memorandum (OM) issued by the Department of Personnel and Training.
    • Led to intense debates, protests, and the Indra Sawhney Case in the Supreme Court.
    • Court upheld the order with modifications (excluding the creamy layer).

• Parliament

  • Ultimate authority for making laws in any country.
  • Composition of Parliament:
    • President (Head of State, part of Parliament though not a member).
    • Lok Sabha (House of the People / Lower House): Directly elected, represents citizens.
    • Rajya Sabha (Council of States / Upper House): Indirectly elected, represents states.
  • Why do we need a Parliament?
    • Law-making authority.
    • Control over the Government (Executive).
    • Control over public money (finances).
    • Ultimate forum for public debate and discussion.
  • Two Houses (Bicameralism):
    • Lok Sabha has more financial and overall power in case of a joint session.
    • Rajya Sabha looks after state interests and acts as a revising chamber.

• Political Executive

  • Bodies at the helm of affairs that take major policy decisions.
  • Types of Executives:
    • Political Executive: Elected by the people for a fixed term (Ministers, Prime Minister). Takes big decisions.
    • Permanent Executive (Civil Services): Appointed on a long-term basis (Bureaucrats, IAS, IPS). Assists political executives and handles daily administration.
  • Prime Minister and Council of Ministers:
    • PM is the most important political institution.
    • Appointed by the President (leader of the majority party in Lok Sabha).
    • Functions of PM: Chairs Cabinet, coordinates work of departments, final authority in cabinet disagreements.
    • Council of Ministers:
      • Cabinet Ministers (top-level decision makers).
      • Ministers of State with independent charge.
      • Ministers of State (assistants).
  • The President:
    • Head of the State (nominal/ceremonial executive in India).
    • Elected indirectly by MPs and MLAs.
    • All laws and major policy decisions are issued in the name of the President.
    • Powers: Appoints PM, Ministers, Judges; pardoning power; bills need President's assent to become laws.

• The Judiciary

  • Mechanism for resolving disputes and upholding the rule of law.
  • Structure of Indian Judiciary (Integrated Judiciary):
    • Supreme Court: Highest court for the entire nation (New Delhi).
    • High Courts: Highest courts at the state level.
    • District Courts: Courts at the district level.
  • Role and Independence of Judiciary:
    • Independent Judiciary: Free from legislature and executive control.
    • Judicial Review: Power to declare any law invalid if it violates the Constitution.
    • Guardian of the Fundamental Rights.
    • Public Interest Litigation (PIL) allows anyone to approach courts on behalf of the needy.