WORKING OF INSTITUTIONS 9 (NCERT) NOTES

 WORKING OF INSTITUTIONS 9 (NCERT) NOTES

4.1 HOW IS A MAJOR POLICY DECISION TAKEN?

A Government Order

Date and Issuance: On August 13, 1990, the Government of India issued an Office Memorandum (O. M. No. 36012/31/90-Est (SCT)).

Signatory and Department: Joint Secretary from the Department of Personnel and Training in the Ministry of Personnel, Public Grievances, and Pensions signed the order.

Document Details: The order was concise, approximately one page, resembling a standard circular or notice.

Despite its routine appearance, it gained significance, sparking controversy for several years.

• Explores the decision-making process and 
• subsequent events surrounding the memorandum.

Policy Announcement: The order revealed a significant policy change, allocating 27% of civil service vacancies in the Indian government for the Socially and Educationally Backward Classes (SEBC).

SEBC Definition: SEBC encompasses individuals from castes recognized as backward by the government, extending job reservation beyond the existing categories of Scheduled Castes and Scheduled Tribes.

Introduction of SEBC: The order established a new category, SEBC, broadening the scope of job reservation to include individuals from backward classes only ,

• Others could not compete for these jobs.

The Decision Makers

Decision-Maker: 

The Memorandum's issuance wasn't solely determined by the signing officer; it resulted from instructions given by: 

• the Minister of Personnel, 
• Public Grievances, and Pensions.

Ministerial Authority: The Department, including the signing officer, executed decisions made by the Minister, indicating that major policy shifts involve higher-ranking officials.

Key Decision-Makers: 

The President - head of the state and is the highest formal authority in the country.

Prime Minister - The head of the government and actually exercises all governmental powers. He takes most of the decisions in the Cabinet meetings.

Parliament - Consists of the President and two Houses, Lok Sabha and Rajya Sabha. The Prime Minister must have the support of a majority of Lok Sabha members.

Historical Background: 

The Office Memorandum resulted from a series of events: 

Initiated by the appointment of the Second Backward Classes Commission in 1979, headed by B.P. Mandal, commonly known as the Mandal Commission.

Mandal Commission's Purpose: 

Mandated to identify socially and educationally backward classes and suggest measures for their progress, the Commission, in its 1980 Report, recommended many measures , key one - reserving 27% of government jobs for these classes.

Parliamentary Discussion: 

The Commission's recommendations, including job reservation, were deliberated in Parliament after the 1980 Report was submitted.

Political Commitment:

For several years, many parliamentarians and parties kept demanding the implementation of the Commission’s recommendations. 

During the 1989 Lok Sabha election, the Janata Dal party, in its manifesto, pledged to implement the Mandal Commission report if elected.

Janata Dal Government: 

Following the election, the Janata Dal formed the government, 

with V. P. Singh as Prime Minister, leading to the subsequent developments related to the implementation of the Mandal Commission report.

Government Decision Implementation:

   - The President announced the government's intent to implement Mandal Commission recommendations in Parliament.

   - On August 6, 1990, the Union Cabinet formally decided to implement the recommendations.

   - Next day: Prime Minister V.P. Singh informed Parliament.

Order Creation Process:

   - The Cabinet's decision reached the Department of Personnel and Training.

   - Department senior officers drafted an order in line with the decision, obtaining ministerial approval.

   - O.M. No. 36012/31/90 was officially signed on August 13, 1990.

National Debate and Protests:

   - The decision sparked extensive national debate, covered in newspapers and magazines.

   - Widespread protests and counter-protests, some violent, ensued due to the impact on job opportunities.

Diverse Opinions:

  Some supported job reservations to address caste-based inequalities, while others opposed, citing concerns about Unfair (People not belonging to BC + Denied jobs to more qualified) and perpetuate caste feelings among people and hamper national unity.

Legal Challenge and Resolution:

   - Disputes reached the courts, particularly the Supreme Court.

   - The 'Indira Sawhney and others Vs Union of India case' involved multiple challenges to the order's validity.

 

  - Eleven judges of the Supreme Court heard arguments of both sides. By a majority, the Supreme Court judges in 1992 declared that this order of the Government of India was valid.

 but suggested modifications.

  

 - A new Office Memorandum, issued on September 8, 1993, excluded well-to-do individuals from the backward classes, resolving the dispute.

Policy Conclusion:

   - The Supreme Court's decision settled the dispute, and the policy has been followed since 1993.

Need for Political Institutions

Governing a country involves various such activities.

Government Responsibilities:

   - Ensuring citizen security.

   - Providing education and health facilities.

   - Collecting taxes and allocating funds for administration, defense, and development programmes.

Decision-Making and Implementation:

   - Some individuals make decisions on activities. (Legislature)

   - Others implement these decisions. (Executive)

   - If disputes arise on these decisions or in their implementation,   

     there should be someone to determine what is right and what is wrong.   

    (Judiciary)

Clarity and Stability:

• It is important that everyone should know who is responsible for doing what. 
• It is also important that these activities keep taking place even if the persons in key positions change.

To handle all these tasks: 

Institutional Framework in Democracies:

   - Required to handle various tasks.

   - A democracy works well when these institutions perform functions assigned to them.

Constitutional Guidance:

   - The constitution outlines powers and functions of each institution.

Examples of Political Institutions:

   - The Prime Minister and Cabinet make crucial policy decisions.

   - Civil Servants implement these decisions.

   - The Supreme Court settles disputes between citizens and the government.

Challenges of Working with Institutions

Rules and Regulations:

• This can bind the hands of leaders.

Meetings, Committees, and Routines:

   -Can cause delays and complications.

Solution:

• Given one-person decision-making powers without rules and meetings. Not in the spirit of democracy:

Why we prefer institutions:

Usefulness of Delays and Complications:

   - Delays allow a broader consultation, ensuring diverse opinions.

   - Institutions slow down quick decisions but prevent hasty,

     ill-considered choices.

4.2 PARLIAMENT

Mandal Commission Report Discussion:

   - Parliament discussed the Report of the Mandal Commission.

Presidential Mention:

   - The President of India addressed this in his communication.

Prime Minister's Statement:

   - The Prime Minister expressed a viewpoint on the matter.

Parliamentary Influence:

   - Although the decision wasn't directly made in Parliament, its discussions influenced the government's stance.

Government Response to Pressure:

   - Parliamentary discussions exerted pressure on the government to implement the Mandal recommendations.

Crucial Parliamentary Support:

   - The government needed Parliament's approval for the decision, and without it, the action could not proceed.

Why do we need a Parliament?

Democratic Structure:

   - Elected representatives hold supreme political authority for the people in all democracies.

Indian Context:

   - In India, this national assembly is known as Parliament.

State Level Representation:

   - At the state level, it's called the State Legislature or State Legislative Assembly.

Universal Presence:

   - Present in every democracy, though names may vary.

1. Legislative Authority:

Parliament is the final authority for making laws in any country. 

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

Parliaments all over the world can: 

• make new laws, 
• change existing laws, or 
• abolish existing laws and make new ones in their place.

2. Government Oversight:

   - Parliaments worldwide exercise control over government officials.

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

   - Those who run the government can take decisions only so long as 

      they enjoy the support of Parliament.

3. Financial Control:

• Parliaments control all the money that governments have. 
• In most countries the public money can be spent only when Parliament sanctions it.

4. National Discourse Hub:

• Parliament is the highest forum of discussion and debate on public issues and national policy in any country. 
• Parliament can seek information about any matter.

Two Houses of Parliament

Dual Role of Parliament:

   - Most large democracies split Parliament's role into two parts or Houses.

Direct and Indirect Representation:

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

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.

Indian Parliamentary Structure:

   - In India, Parliament comprises two Houses: 

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

Note:

 - The President of India is a part of Parliament, although she is not a member of either House. 

- That is why all laws made in the Houses come into force only after they receive the assent of the President.

Which of the two Houses is more powerful? 

• It might appear that the Rajya Sabha is more powerful, for sometimes it is called the ‘Upper Chamber’ and the Lok Sabha the ‘Lower Chamber’. 
• But this does not mean that Rajya Sabha is more powerful than Lok Sabha. 
• This is just an old style of speaking and not the language used in our Constitution.

Our Constitution does give the Rajya Sabha some special powers over the states. 

• But on most matters, the Lok Sabha exercises supreme power. 

1. Legislative Supremacy:

• Any ordinary law needs to be passed by both the Houses. 
• But if there is a difference between the two Houses, the final decision is taken in a joint session in which members of both the Houses sit together. 
• Because of the larger number of members, the view of the Lok Sabha is likely to prevail in such a meeting.

2. Financial Authority:

• Lok Sabha exercises more powers in money matters. 
• Once the Lok Sabha passes the budget of the government or any other money related law, the Rajya Sabha cannot reject it. 
• The Rajya Sabha can only delay it by 14 days or suggest changes in it. 
• The Lok Sabha may or may not accept these changes.

3. Lok Sabha's Control Over Council of Ministers:

Appointment of Prime Minister: Only a person who enjoys the support of the majority of the members in the Lok Sabha is appointed the Prime Minister.

Vote of No Confidence: If the majority of the Lok Sabha members say they have ‘no confidence’ in the Council of Ministers, all ministers including the Prime Minister, have to quit. The Rajya Sabha does not have this power.

4.3 POLITICAL EXECUTIVE

Decision-Making Hierarchy:

The Office Memorandum story highlighted: 

• Person who signed the document was implementing someone else’s decision, 
• Emphasizing the Prime Minister’s role in decision-making.

Definition: 

• At different levels of any government we find functionaries who take day-to-day decisions but do not exercise supreme power on behalf of the people. 
• All those functionaries are collectively known as the executive.
• They are called executives 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.

Political and Permanent Executive:

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

Political vs. Non-political Executive:

ing Power Imbalance:

• Why does the political executive hold more power than the non-political executive?
• Why is the minister more powerful than the civil servant?

Expertise vs. Authority:

• The civil servant is usually more educated and has more expert knowledge of the subject.

Ex:

Advisors in specific fields may have deeper knowledge than the respective minister.

Ministers may lack technical knowledge in areas like Defence, Industry, Health, Science, and Technology, Mines.

• Despite this, ministers have the final decision-making authority. 

Why?

Basis of Authority:

• In a democracy the will of the people is supreme. 
• The minister is an elected representative of the people and thus empowered to exercise the will of the people on their behalf. 

Accountability to People:

• She is finally answerable to the people for all the consequences of her decision.

Decision-Making Process:

• Ministers set the broad framework and objectives of policies.
• They rely on expert advice for technical matters.
• Despite differing opinions provided by Civil Servants, the minister makes decisions based on the overall objective.

Decision-Making in Organizations:*

- **Role of Decision Makers:**

  - Those with a broad understanding make key decisions, not just experts.

  - Experts advise on the path, but decision-makers determine the goal.

- **Ministerial Role in Democracy:**

  - Elected ministers fulfill this role in a democracy.

Who appoints the Prime Minister ? How is he appointed ?

Prime Minister and Council of Ministers

Appointment of Prime Minister:

Selection Process:

• The Prime Minister is the most important political institution in the country.
• No direct election to the post of the Prime Minister.
• The President appoints the Prime Minister but the President cannot appoint anyone she likes.

• Criteria for Appointment:
• The President appoints the leader of the majority party or coalition in Lok Sabha.
• If no clear majority exists, the President appoints the person most likely to gain majority support.

Tenure of Prime Minister:

• The Prime Minister's tenure is not fixed.
• The Prime Minister remains in power as long as they lead the majority party or coalition.

Formation of Council of Ministers:

Ministerial Appointments:

• After the Prime Minister's appointment, the President appoints other ministers based on the Prime Minister's advice.

• Ministers are typically from the majority party or coalition in Lok Sabha.

Ministerial Selection:

• The Prime Minister is free to choose ministers, as long as they are members of Parliament. 
• Sometimes, a person who is not a member of Parliament can also become a minister. 
• But such a person has to get elected to one of the Houses of Parliament within six months of appointment as minister.

Council of Ministers:

•  The Council of Ministers comprises 60 to 80 ministers of varying ranks.

Cabinet Ministers: 

• Usually top- level leaders of the ruling party or parties who are in charge of the major ministries. 
• Usually the Cabinet Ministers meet 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 25 ministers.

Ministers of State with independent charge: 

• Usually in-charge of smaller Ministries. 
• They participate in the Cabinet meetings only when specially invited.

Ministers of State: 

• Are attached to and required to assist Cabinet Ministers.

Parliamentary democracy = Cabinet form of government

• Not practical for all ministers to meet regularly and discuss everything, 
• The decisions are taken in Cabinet meetings.
• The Cabinet works as a team. 
• The ministers may have different views and opinions, but everyone has to own up to every decision of the Cabinet.

Criticism within the Government:

• Ministers cannot openly criticize government decisions, even those from other ministries or departments.

• Role of Ministry Secretaries: Each ministry has civil servant secretaries who provide background information for decision-making.

Cabinet Secretariat:

• Assists the Cabinet as a team.
• Senior civil servants in the Cabinet Secretariat who try to coordinate the working of different ministries.

Powers of the Prime Minister

Constitutional Ambiguity: The Constitution provides limited details on the Prime Minister's powers and their relationship with ministers.

Wide-Ranging Authority:

As head of the government, the Prime Minister has wide ranging powers.

1. He chairs Cabinet meetings. 
2. He coordinates the work of different Departments. 
3. His decisions are final in case disagreements arise between Departments. 
4. He exercises general supervision of different ministries. 
5. All ministers work under his leadership.
6. The Prime Minister distributes and redistributes work to the ministers. 
7. He also has the power to dismiss ministers. 
8. When the Prime Minister quits, the entire ministry quits.

Prime Minister's Power in India:

Prime Minister's Dominance: Thus, if the Cabinet is the most powerful institution in India, within the Cabinet it is the Prime Minister who is the most powerful.

Global Prime Ministerial Trend: The powers of the Prime Minister in all parliamentary democracies of the world have increased so much in recent decades that parliamentary democracies are sometimes seen as the Prime Ministerial form of government.

Party Influence: As political parties have come to play a major role in politics, the Prime Minister controls the Cabinet and Parliament through the party. 

Media Influence: The media also contributes to this trend by making politics and elections as a competition between top leaders of parties.

 

Historical Examples in India:

• Jawaharlal Nehru and Indira Gandhi wielded significant authority as Prime Ministers due to public influence.
• A Prime Minister's power also depends on the personality of the person holding that position.

What is a coalition government ? Why the Prime Minister of a coalition government cannot take decisions as he likes ? Or Write any three constraints on the powers of the Prime Minister of a coalition government. Or What is a coalition government? Mention any two limitations of a coalition government.

Coalition Politics and the Prime Minister's Role:

Constraints of Coalition Politics:

• Coalition politics has limited the Prime Minister's power in recent years.
• Minister of a coalition government cannot take decisions as he likes. 
• He has to accommodate different groups and factions in his party as well as among alliance partners. 
• He also has to heed to the views and positions of the coalition partners and other parties, on whose support the survival of the government depends.

The Role of the President:

Head of State vs. Head of Government:

The President is the head of the State, while the Prime Minister is the head of the government.

Ceremonial Role: The President's powers are largely ceremonial, similar to the Queen of Britain.

The President supervises : The overall functioning of all the political institutions in the country so that they operate in harmony to achieve the objectives of the State.

Indirect Election Process:

The President is not elected directly by the people.

• Elected by MPs and MLAs, not directly by the people.
• A candidate standing for President’s post has to get a majority of votes to win the election.
• This ensures that the President can be seen to represent the entire nation. 
• At the same time the President can never claim the kind of direct popular mandate that the Prime Minister can. 
• This ensures that she remains only a nominal executive.

Powers of President:

1. Governmental Authority: All governmental activities take place in the name of the President. 

2. Legislation and Policy: All laws and major policy decisions of the government are issued in her name. 

3. Appointments: All major appointments are made in the name of the President. 

Ex:

• Chief Justice of India, 
• The Judges of the Supreme Court and the High Courts of the states, 
• The Governors of the states, 
• The Election Commissioners, ambassadors to other countries, etc.

4. International Relations: All international treaties and agreements are made in the name of the President. 

5. Defence Forces: The President is the supreme commander of the defence forces of India.

Limitations 

1. Advisory Role: 

• The President exercises all these powers only on the advice of the Council of Ministers. 
• The President can ask the Council of Ministers to reconsider its advice. 
• But if the same advice is given again, she is bound to act according to it.

2. Legislation Approval:

• A bill passed by Parliament becomes law only after the President gives assent. 
• The President can delay assent and send the bill back for reconsideration, but if Parliament passes it again, she must sign it.

Role of President (Actual Powers):

In the appointment the Prime Minister. 

• When a party or coalition of parties secures a clear majority in the elections, the President, has to appoint the leader of the majority party or the coalition that enjoys majority support in the Lok Sabha.

• Discretionary Power: When no party or coalition holds a majority in the Lok Sabha, the President has the discretion to appoint a leader who, in her opinion, can gather majority support.
• The President can ask the newly appointed Prime Minister to prove majority support in the Lok Sabha within a specified time.

4.4 THE JUDICIARY

How is the judicial system organised in

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India? Mention its major functions.

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[CBSE March 2011]

Q: How is the judicial system organised in India? Mention its major functions. [CBSE March 2011]

The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in the states, District Courts and the courts at local level. 

• India has an integrated judiciary. 
• It means the Supreme Court controls the judicial administration in the country. 
• Its decisions are binding on all other courts of the country. 

It can take up any dispute

• Between citizens of the country;
• Between citizens and government;
• Between two or more state governments; and
• Between governments at the union and state level.

Highest Appellate authority:

• It is the highest court of appeal in civil and criminal cases. 
• It can hear appeals against the decisions of the High Courts.

Write a note on the independence of the judiciary.

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How has the Indian Constitution ensured the independence of the judiciary? Give three provisions.

The 'Independence of the Judiciary' means that the judiciary should not be under the influence or control of any individual or authority. 

If the Legislature or Executive is in a position to influence the judiciary in any way, the judges will not be able to give impartial justice.

(i) Appointment of Judges : The Judges of the Supreme Court and the High Courts are appointed by the President of India: 

• on the advice of the Prime Minister and 
• In consultation with the Chief Justice of the Supreme Court.

(ii) 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 ground of "proved misbehaviour or incapacity." But the resolution for his impeachment should be passed by both the Houses.

• Removal Process:  A judge can only be removed through an impeachment motion passed by a two-thirds majority in both Houses of Parliament.

• In the history of Indian democracy, no judge has ever been removed through this process.

(ili) 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.

(iv) No Discussion with respect to the conduct of any Judge: No discussion shall take place in Parliament with respect to the conduct of any judge in the discharge of his duties when a motion for his removal is under consideration.

Judicial Power in India (JudicialReview):

Judicial Authority: The Indian judiciary, including the Supreme Court and High Courts, holds significant power to interpret the country's Constitution.

Scope of Review: They can invalidate laws or executive actions, both at the Union and state levels, if found unconstitutional, a process known as judicial review.

Constitutional Limits: The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.

Q: The Indian judiciary enjoys a high level of confidence among the people. Evaluate the statement.

Guardianship of the Fundamental Rights: The Indian judiciary, with its powers and independence, acts as a guardian of Fundamental Rights.

Access to Remedy: In recent years the Courts have given several judgments and directives to protect public interest and human rights.

Public Interest Litigation (PIL): Any one can approach the courts if public interest is hurt by the actions of the government. This is called public interest litigation.

Public Confidence: 

• The courts intervene to prevent the misuse of the government’s power to make decisions. 
• They check malpractices on the part of public officials. 

That is why the judiciary enjoys a high level of confidence among the people.

The Chief Justice of India, Shri Justice J.S. Khehar administering the oath of office of the President of India to Shri Ram Nath Kovind, at a swearing-in ceremony in the Central Hall of Parliament in New Delhi on 25 July 2017.