StMaryites Support: February 2014

Class IX, Social Science, Democratic Politics,

Unit 5 Working of Institution

HOW IS A MAJOR POLICY DECISION TAKEN?

A Government Order

· On August 13, 1990, the Government of India issued an Order called an Office Memorandum.

· The order was very important and became a source of controversy for several years.

· It was a major policy decision.

· It stated that:

Ø 27 per cent of the vacancies in civil posts and services under the Government of India are reserved for the Socially and Economically Backward Classes (SEBC) included all those people who belong to castes that are considered backward by the government.

Ø The benefit of job reservation was till then available only to scheduled Castes and Tribes. Now a new third category called SEBC was introduced.

Ø Only persons who belong to backward castes were eligible for this quota of 27 per cent jobs. Others could not compete for these jobs.

THE DECISION MAKERS:

Following are the main functionaries which are involved in decision making-

1. President who is the head of the state and is highest formal in the country authority in the country.

2. Prime Minister who heads the government and actually exercises all governmental powers. He takes most of the decisions in the Cabinet meetings.

3. The Parliament which consisted of two Houses, Lok Sabha and Rajya Sabha.

Mandal Commission:

· The Government of India had appointed the Second Backward Classes Commission in 1979, headed

· by B.P. Mandal .

· It was asked to determine the criteria to identify the socially and educationally backward classes in India and recommend steps to be taken for their advancement.

· The Commission gave its Report in 1980 and made many recommendations.

· One of these was that 27 percent of government jobs be reserved for the socially economically backward classes.

· The Report and recommendations were discussed in the Parliament during several sessions but nothing decisive came out.

· Then came the Lok Sabha election of 1989. In its election manifesto, the Janata Dal promised that if voted to power , it would implement the Mandal Commission report. Though the Janta Dal Failed to get the required majority but it was able to form a coalition government. Its leader V.P. Singh became the Prime Minister.

· Several developments took place after that: The president of India; Ramaswamy Venkataramanin in his address to the Parliament announced the intention of the government to implement

The recommendation of the Mandal Commission:

1. On 6 August 1990, the Union Cabinet took a formal decision to implement the recommendations.

2. On 7 August Prime Minister V.P.Singh informed the Parliament about this decision through a statement in both the Houses of Parliament.

3. The decision of the cabinet was sent to the Department of Personnel and Training. The senior officers of the Department drafted an order in line with the cabinet decision and took the minister’s approval . An officer signed the order on behalf of the Union Government. For the next few months, this was the most debated issues in the newspapers, radio, T.V. and other Means of mass communications.

4. It led to widespread protests and counter protests.

5. The supporters also felt that existence of inequalities among people of different castes in India necessitated job reservations.

6. Others felt that this was unfair as it would deny equality of opportunity to those who did not belong to backward communities. They would be denied jobs e even though they could be more qualified. Some felt that this would perpetuate caste feelings among people and hamper national unity.

7. So the society was divided over the issue.

8. To settle down the issue people approached the Supreme Court.

a. They appealed to the court to declare the order invalid and stop its implementation.

b. This case was known as the ‘Indira Sawhney and other Vs Union of India case’.

c. Eleven judges of the Supreme Court heard arguments of both sides.

d. By a majority, the Supreme Court judge’s in1992 declared that this order of the Government of India was valid.

e. At the same time the Supreme Court asked the Government to modify its original order it said that well-to-do persons among the backward classes should be excluded from getting the benefit of reservation.

9. Accordingly, the Department of Personnel and Training issued Office Memorandum on September 8,1993. The dispute thus came to an end and this policy has been followed since then.

NEED FOR POLITICAL INSTITUTIONS:

Political institutions are the axis of any type of government.

1. Political institutions are required to take various decisions.

2. Governing a country involves various activities like security to the citizens, providing facilities for education and health to all, collection of taxes, spending the money on development programmes etc. All these are carried by various institutions.

3. Institutions are required to solve the differences or disputes which arise on these decisions or in their implementation.

Following are some of the important institutions working in India-

1. The Prime Minister and the Cabinet are institutions that take all important policy decisions.

2. The Civil Servants, working together, are responsible for taking steps to implement the ministers’ decisions.

3. Supreme Court is an institutions where disputes between citizens and the government are finally settled.

PARLIAMENT

Parliament is an assembly of elected representatives which exercises the supreme political authority on behalf of the people.

At the state level this is called State Legislative Assembly. It exercises political authority on behalf of the people in many ways:

1. Laws:

a. Parliament is the final authority for making laws in a democratic country.

b. This task of law making or legislation is so crucial that these assemblies are called legislatures.

c. Parliament has the authority to make new laws, change existing laws, or abolish existing laws and make new ones in their place.

2. Control over Executive:

a. Parliaments all over the world exercise some control over those who run the government.

b. In some countries like India this control is direct and full.

c. Those who run the government can take decisions only so long as they enjoy support of the Parliament.

3. Control over the Finances:

a. Parliaments control all the money that governments have.

b. In most of the democratic countries the public money can be spent only when the parliament sanctions it.

c. In India the Annual Budget or the money bills are passed by the Parliament.

4. Highest forum for discussion:

a. Parliament is the highest forum of discussion and debate on public issues and national and international policies.

b. Parliament can seek information about any matter.

TWO HOUSES OF PARLIAMENT

Ø Since the Parliament plays a central role in modern democracies, most large countries divide the role and powers of the Parliament in two parts. They are called Chambers or Houses.

Ø One House is usually directly elected by the people and exercises the real power on behalf of the people.

Ø The second House is usually elected indirectly and performs some special functions. The most common work for the second House is to look after the interests of various states, regions or federal units.

Ø The Rajya Sabha is also known as Council Of States:

A COMPARISON BETWEEN THE LOK SABHA AND THE RAJYA SABHA

	LOK SABHA		RAJYA SABHA
Basic Qualifications for Membership	(1)He/She should be and Indian citizen. (2)He/She should be minimum 25 years of age. (3)He/She should not be a proclaimed offender. (4)He/She should have his/her name on the electoral list. (5)He/She should not be holding any office of profit		He/She should be minimum 30 years of age. Rest of the qualifications is the same as required for a member of the Lok Sabha.
Tenure	5 years. It can be dissolved before the expiry of its term and the term can be extended.		Ø 1/3^rd of its members retire every two years. Ø A member stays in the House for 6 years. Ø A Permanent House; it cannot be dissolved.
Method of Election	Directly elected by adult suffrage from single member constituencies.		Indirectly elected by the elected members of the State Legislative Assemblies to represent the respective States and Union Territories
Nominations of some members by the President	Two members of the Anglo-Indian community, if it has not been adequately represented.		12 members who have shown excellence in the fields of Literature, Science, Art and Social Service.
Maximum number of members	530 from States + 20 from Union Territories and 2 nominated by the President.(Total=552)		238 elected + 12 nominated by the President. (Total 250)
Presiding Officer	SPEAKER: Elected by the members from amongst its members.		CHAIRMAN: Vice-President of India is ex-officio Chairman of the Rajya Sabha.
Powers and functions of each House of the Parliament	(1)Money bills can originate only in the Lok Sabha (2)The Lok Sabha alone can vote a Ministry out of office by passing a no confidence vote.		(1)It has exclusive power to declare a subject of State List as of national importance and request the Parliament to make a law on it. (2)Create a new All India Service in National interest.
Powers/Functions common to Both Houses		(1)Both the Houses elect the President and the Vice-President. (2)Impeachment proceedings against the President, Vice president and Judges of the Supreme Court and the High Courts can be initiated in either house. (3)Non-Money Bills can be introduced in either of the two Houses. (4)Both Houses exercise control over the Executive, though the Lok Sabha alone can vote a Ministry out of office.

FUNCTIONS OF THE PARLIAMENT

The Parliament performs the following functions:

1. It legislates on matters that fall within the Central List. The Constitution also has a Concurrent List which spells out areas in which both the Central and the State authorities have powers to legislate. Education falls within the Concurrent List.

2. The income and expenditure to be incurred by the Central Government are approved and controlled by the Union Parliament.

3. The Parliament alone has the powers to amend the provisions laid down in the Constitution of India. Certain provisions can be amended only with the consent of the States. There are certain provisions like the secular nature of the State which have been put beyond the amending powers of the Parliament.

4. The Parliament has powers to impeach the President and the Judges of the High Courts and the Supreme Court. Even though the Constitution gives such powers, there is a strict procedure for the passage of impeachment. So far there have been no removals by impeachment.

5. The Parliament approves proclamations made by the President during the period of Emergency.

6. The Parliament exercises control over the executive. The efficiency or otherwise of the government is brought to light by a number of measures like the Questions during Question Hour, Adjournment Motions and the Motion of No Confidence.

7. The two Houses jointly elect the Vice-President. Elected members of the Lok Sabha, the Rajya Sabha and the State Legislative Assemblies form the Electoral College for the election of the President.

8. Parliament also has powers to create a new State or alter the name and boundary of an existing state.

Relation Between The Two Houses

Rajya Sabha is called the “Upper Chamber” and the Lok Sabha is called the “Lower Chamber”. But it does not mean that Rajya Sabha is more powerful than the Lok Sabha.

Our Constitution has given a superior status to the Lok Sabha since it is directly elected by the people. This can be seen in the following aspects:

1. Any ordinary law has to be passed by both the Houses. But if there is a difference of opinion on any issue then a joint session of members of both houses is held. Since the Lok Sabha has more members than the Rajya Sabha , the view of the Lok Sabha prevails.

2. In financial matters Lok Sabha has more powers. Once the Lok Sabha passes a budget, the Rajya sabha cannot reject it. The Rajya sabha can delay the passing of the budget for 14 days only of offer some changes. The Lok Sabha may or may not accept them.

3. The most important power of the Lok Sabha is that it controls the executive or the government. The government remains in power as long as it enjoys the confidence of the Lok Sabha. The minute Lok Sabha passes the “No Confidence Motion” the government resigns. The Rajya Sabha does not have this power.

POLITICAL AND EXECUTIVE

Executives are the functionaries who take day-to-day decisions but do not exercise supreme power on behalf of the people. They are called executive because they are in charge of the ‘execution’ of the policies of the government. Thus, when we talk about ‘the government’ we usually mean the executive.

In a democratic country, two categories make up the executive.

1. Political Executives:

Political Executives are elected by the people for a specific period of time normally for 5 years. All the MP’s and MLA have come under this category.

2. Permanent Executives:

Permanent Executives are appointed on the long term basis. All the Civil Service comes under this. Persons working in civil services are called Civil Servants. They remain in office even when the ruling party changes.

These officers work under political executive and assist them in carrying out the day- to day administration.

WHO ARE MORE POWERFUL AND WHY?

The civil servant is usually more educated and has more expert knowledge of the subject. Sometimes the ministers may know very little about the technical matters that come under their ministry especially in the subjects like Defence, Industry, Health, Science and Technology, Mining, etc. But the minister have the final say on these matters because in a democracy the will of the people is supreme, the minister is elected by the people and thus empowered to exercise the will of the people on their behalf. He/she is finally answerable to the people for all the consequences of her/his decision. That is why the minister takes all the final decisions.

THE PRIME MINISTER AND THE COUNCIL OF MINISTER

The Prime Minister is appointed by the President. However, this is only the formal power of the President. In reality, the Prime Minister is the leader of the majority party or coalition parties in the Lok sabha. He is elected as such by the party/parties MPs, and the President has to invite him to form the government actually, political parties put up their Prime Ministerial candidate in the general election. Practically, the entire strength of 67 crore electorate is thus psychologically involved in the election of the Prime Ministerial candidate.

POWERS, FUNCTIONS AND POSITION OF THE PRIME MINISTER

We may study the powers, functions and position of the Prime Minister under the following broad heads:

1. Prime Minister and his relations with the President:

(a) The Prime Minister is the line of communication between the Cabinet and the President. He conveys Cabinet’s decisions to the President, and keeps him informed of all national or foreign matters of the government.

(b) The Prime Minister advises the President to summon and prorogue the Parliament and dissolve the Lok Sabha.

2. Prime Minister and his relationship with the council of Ministers:

(a) The Council of Ministers is headed by the Prime Minister.

(b) There are three categories of ministers in it:

i. Cabinet Ministers: Cabinet Ministers are usually top-level leaders of the ruling party or parties who are in charge of the major ministries. Usually the Cabinet Minister meets to take decisions in the name of the Council of Ministers. Cabinet is thus the inner ring of the Council of Ministers. It comprises about 20 to 30 ministers.

ii. Minister of State with independent charge: There are the ministers who are usually in charge of smaller ministries. They participate in the Cabinet meetings only when specially invited.

iii. Minister of State: They assist Cabinet Ministers and Ministers of State.

· It is the essential for the member of the council of Minister to be member of either House of the Parliament.

· Any member of the council of the ministers including the Prime minister who is not a member of Parliament, has to acquire its membership within six months of his appointment.

· The ministers are individually responsible for their ministers and departments. This responsibility is enforced through the Prime Minister.

· The council of Ministers is collectively responsible and accountable to the Lok Sabha. It remains in power so long as it enjoy the support of the majority in the Lok Sabha.

· If the Lok Sabha passes a No-confidence motion, the entire council of ministers has to go.

· The council of Ministers owes collective responsibility for all the decisions taken by it.

· If the Lok Sabha rejects the policy of the government on a particular issue, it is not only the Minister responsible for that subject, but also the whole Council of Ministers must accept the responsibility and resign.

In relation to the cabinet or the council of Ministers, the Prime Ministers possesses the following power

(i) He forms the council of Ministers and determines its size, the categories of ministers and their portfolios. The Prime Minister’s decision is final in such matters.

(ii) The Prime Minister can remove a minister from him/her to resign. He can reallocate portfolios.

(iii) The Prime Minister calls the meetings of the Council of Ministers, presides over them and decides the agenda.

(iv) The Prime Minister coordinates the policies and the working of the different departments of the Government to ensure that all department work according to the set policies and decisions of the Cabinet.

Prime Minister and his role in Foreign Affairs:

There is a minister of foreign affairs, yet the Prime Minister has a significant role in these matters, as noted below:

i. The Prime Minister represents India in international conferences.

ii. He goes to the U.N.O., the Common-Wealth, SAARC, the Non-Aligned Nations Meetings and puts forward India’s point of view before the world leaders.

iii. He may visit any country to improve India’s relations, or to solve outstanding issues.

iv. He is the chief architect of India’s foreign policy.

v. Usually, the Foreign Minister accompanies the Prime Minister in all the conferences.

Prime Minister As The Leader Of The Nation:

The Prime Minister is the acknowledged leader of the nation as a whole. The whole nation looks to him for leadership. Actually, at the time of general elections, it is for or against the Prime-ministerial candidate that the entire Electorate in the country votes, though he/she is contesting from a particular constituency. Thus we can say that in practical sense, the election of the prime Minister is the direct choice of the voters. In other words, if the people want to choose a particularly candidate as their Prime Minister, they vote for the candidate of the Prime Minister’s party in their constituency.

THE PRESIDENT

i. In India, we have the President but not the Presidential form of Government.

ii. The President of India is the Chief Executive.

iii. He is the Constitutional head of the Republic of India.

iv. The executive powers of the Union Government are exercised by him either directly or through officers subordinate to him.

v. The president of India is the Head of the State. He is also the first citizen of India.

Qualification: In order to qualify as a candidate for the Presidential election, a person-

(a) Must be an Indian citizen

(b) Must have completed 35 years of age

(d) Must not hold any office of profit under the Centre or a State Government.

Term of Office: The President holds office for a term of five years. He is eligible for re-election for one, two or more terms.

Vacancy : The President may resign from his office before the expiry of his term. For this purpose, he has to send his written resignation to the Vice-President, who will cause it to be communicated to the Speaker of the Lok Sabha

Before his term expires, a successors must be elected to the office of the President.During the Vacancy period, the Vice- President of India officiates till a new incumbent takes oath.

Impeachment : The Parliament can remove the President through impeachment for violation of the Constitution, treason or bribery

PRESIDENTIAL ELECTION: The President is elected indirectly, ordinary citizens play no part in this election. As his authority extends over the Centre and the States, he is elected by the Electoral College

Electoral College: The joint body of elected M.Ps and M.L.As which elect the President, is known as the Electoral College. It is a temporary body which is dissolved immediately after the election of the President is over.

POWERS OF THE PRESIDENT:

President’s powers can be studied under five broad heads i.e

(a)Executive (b)Legislative (c)Judicial (d)Emergency Powers & some Discretionary Powers

(a)Executive Powers:

The Constitution lays down that “the executive powers of the Union shall be vested in the President”. His executive powers include the following:

· Administrative Head: He is the head of the State. The administration of the country runs in his name. All orders are issued in his name. All officials are his subordinates. He is the head of the Union administration.

· Appoints and dismisses Prime Minister and the Council of Ministers: He appoints the Prime Minister and on his advice, he appoints other ministers in the Council of Ministers. He administers the oath of office to them. The Prime Minister and the Ministers submit their resignation to him, if required.

· Appoints and dismisses high officials: The President appoints and removes dignitaries like the Attorney General of India, the Judges of the Supreme Court and the High Courts, the State Governors, Ambassadors and members of the Union Public Service Commission, Finance Commission and the Election Commissioners of India.

· Military Powers: The President is the Supreme Commander of the Armed Forces of India. In this capacity he appoints the Chiefs of the Staff of the Army , Navy and the Air Force and other defence services.

(b)Legislative Powers:

The President is an integral part of the Parliament .He possesses the following legislative powers:

· To summon and prorogue the Parliament : He summons both. Houses of the Parliament to session. He directs a joint session of both Houses to be held. He can also prorogue the Parliament.

· To dissolve the Lok Sabha: The President has the power to dissolve the Lok Sabha on the advice of the Prime Minister, before the expiry of its full term of five years, the President announces the dissolution of Lok Sabha on his own.

· Nomination of M.Ps: The President nominates 12 M.Ps to the Rajya Sabha from amongst outstanding contributors to literature, science, social service or art. He may also nominate two M.Ps of the Anglo-Indian community to the Lok Sabha, if this community is not adequately represented.

· Prior sanction before introducing certain Bills :The President grants prior sanction for the introduction of certain Bills, such as a Money Bill, a Bill for the creation of a new state or a Bill for alteration in the territories of States.

· Assent to Legislation: President’s assent on a Bill is necessary to become a law. He may refuse to give his assent, or send it back for reconsideration, if it is not a Money Bill. If this Bill is again passed by the Parliament, with or without amendments, the President must give his assent to it.

· Introduction of Money Bill: A Money Bill can be introduced in the Lok Sabha only with the prior recommendation of the President. He must ensure introduction of the Budget.

· To Issue Ordinances: The President can promulgate an Ordinance, under two conditions i.e., (a)When the Parliament is not in session, and

(b) When the President is satisfied the immediate necessary legislative action is required. However, the Ordinance has to be placed before the Parliament within six weeks from its reassembly. If approve by the Parliament, it becomes a law, otherwise it automatically ceases after the expiry of six weeks. The President may also withdraw the Ordinance at any time.

THE POSITION OF THE PRESIDENT

Under the Parliament system, the President is a constitutional or nominal head of the State. He represents the Indian nation, but he does not rule it.

Limitations on the President

There are two limitations on the President.

i. There is the Prime Minister and the council of Minister to aid and advise the President in the exercise of his powers, discussed above. The powers of the President are in fact exercised by the real executive i.e., the Prime Minister and the Council of Ministers.

ii. All proclamation of emergencies made by the President under Articles-352,356 and 360 have to be laid before the Parliament for approval within one month. If a proclamation of emergency is not approved, it becomes null and void and ceases to operate.

President’s Discretionary Powers:

i. The President is not just figure-head and has a very important to play in the actual working of the Parliamentary system in our country.

ii. The oath of office which the President takes in the name of God on assuming his office puts upon him a definite obligation to be the guardian of the Constitution and law.

iii. He is oath bound to render service for the well being of the people of India.

iv. With no single party getting a clear majority, coalitions of the parties stake their claim to form the government.

v. The President has to use his individual judgement and invite such a leader to had the government as Prime Minister, who can provide a stable government to the country.

vi. In this era of coalition politics, the President has a distinctive role to play.

JUDICIARY

i. All the courts in the country are collectively referred to as judiciary.

ii. It is an institution empowered to administer justice and provide a mechanism for the resolution of legal disputes.

iii. It is the third important organ of the government.

iv. Its function is to administer justice in a civil society, interpret the laws and protect natural and legal rights of the people.

v. It also safeguards the Constitution of the country.

SUPREME COURT-THE APEX COURT IN INDIA

i. We have a single unified judiciary in India. The Supreme Court is the apex court.

ii. All other courts in India e.g. all the High Courts in the 28 States, the courts at the District and at the sub-divisional levels are under the Supreme Court. All these courts form a part of the single integrated judicial system in the country.

iii. All these courts enforce and interpret the same laws as made by the Parliament, the State Legislatures and as contained in the Constitution.

iv. The Constitution lays down that the interpretation of the ordinary laws and the laws of the Constitution as made by the Supreme Court shall be binding on all courts within the territory of India.

COMPOSITION OF THE SUPREME COURT

i. The Number of Regular Judges:

· The Supreme Court consists of 25 Judges and 1 Chief Justice. These are regular Judges and their number is fixed.

ii. Term of Office and Removal:

· A Judge of the Supreme Court, including the Chief Justice, remains in office until he attains the age of 65 years.

· A Judge may resign by writing in his own hand to the President.

· He may also be removed from his office by the President through impeachment on the grounds of “proved misbehavior or incapacity”.

JURISDICTION, POWERS AND FUNCTIONS OF THE SUPREME COURT.

Power and function of the Supreme Court are reflected in the jurisdiction, which is of five types

1. Original Jurisdiction

2. Appellate Jurisdiction

3. Advisory Powers

4. Guardianship of the Constitution

5. Guardian of Fundamental Rights

1. Original Jurisdiction:

Original jurisdiction means the authority of the Supreme Court to hear a case in the first instance directly, which extends to the following cases:

(a) between the Government of India and one or more states.

(b) between the Government of India and one or more states on one side and one or more states on the other.

2. Appellate Jurisdiction:

The Supreme Court is the highest court of appeal. It has a very vast appellate jurisdiction. It can hear cases of appeal from ordinary courts, industrial courts, election tribunals and other quasi-judicial bodies, except the Court Martial.

3. Supreme Court as Guardian of the Constitution:

The written Constitution of the country is the fundamental law of the land. It is the supreme law, above all men, matters and legislation. The Supreme Court given the power to interpret the Constitution, declare the law and enforce the principles of checks and balances, prevalent in the Constitution.

4. Supreme Court as Guardian of Fundamental Rights:

The Supreme Court is the guardian of the Fundamental Rights. A citizen, whose fundamental right has been violated by any individual, government or institution, may move the Supreme Court for the protection of his fundamental right. A writ is a legal instrument to enforce obedience to the orders of a court. The Constitution empowers the Supreme Court (and High Courts) to issue the following writs or orders:

(a) Writ of Habeas Corpus: a writ (court order) that requires a person under arrest to be brought before a judge or into court

(b) Writ of Mandamus:

(d) Writ of Certiorari

(e) Writ of Quo-Warranto

INDEPENDENCE OF JUDICIARY

Meaning

By Independence of Judiciary we mean its independence from the control of the Executive and the Legislature. This also means a fair, impartial fearless and honest judiciary. It should be above favour or frown in giving its judgement and in doing its duty as a guardian of the Constitution and the rights of the people.

· Appointment of Judges: The Judges of the Supreme Court and High Courts are appointed by the President of India in consultation with other Judges.

· Security of Tenure: A Judge can remain in office till he has attained the age of 65 years (in case of Supreme Court), and 62 years (in case of the High Court) .He can be removed by the President on the grounds of “proved misbehavior or incapacity”. But the resolution of his impeachment should be passed by both the Houses.

· Salaries etc. are charged on the Consolidated Fund of India: The salaries are charged on the Consolidated Fund of India and cannot, therefore , be voted upon by the Parliament.

PUBLIC INTEREST LITIGATION

Public interest litigation means litigation for the protection of the public interest. It is litigation introduced in a court o f law, not by the aggrieved party but by the court itself or by any other private party. Prior to 1980’s, only the aggrieved party could personally knock the doors of justice. As a result, many illiterate and poor were deprived from getting justice. But with the PIL any citizen of India or any consumer groups or social action groups can approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake. Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation.

Monday 3 February 2014

Class IX, Social Science, Democratic Politics, Unit 5 Working of Institution