Chapter Notes

Overview

In a democracy, governing is more than just people electing their rulers. The elected rulers must follow specific rules and procedures and operate within a framework of political institutions. These institutions are the arrangements made in a democracy to handle the complex tasks of governing a country.

This chapter explores how these institutions work together. We will focus on three key institutions that play a major role in making, implementing, and resolving disputes about important decisions:

• Legislature: The law-making body.
• Executive: The body that implements the laws.
• Judiciary: The body that resolves disputes and interprets the laws.

We will use the example of the national government in India, also known as the Central Government or Union Government, to understand how these institutions function.

How is a Major Policy Decision Taken?

To understand how government decisions are made, let's look at a real-world example: a controversial government order that had a long-lasting impact.

A Government Order

On August 13, 1990, the Government of India issued an Office Memorandum. This was a formal order with a specific number: O. M. No. 36012/31/90-Est (SCT). The order was signed by a Joint Secretary in the Department of Personnel and Training.

While the government issues hundreds of such orders daily, this one was different. It announced a major policy decision: 27 per cent of jobs in civil posts and services under the Government of India would be reserved for the Socially and Educationally Backward Classes (SEBC).

Before this order, job reservation was only available for Scheduled Castes and Scheduled Tribes. This decision introduced a new, third category of beneficiaries, leading to years of debate and controversy.

The Decision Makers

A single officer who signed the document did not make such a significant decision. It involved a long chain of events and several key decision-makers in the country:

• President: The head of the state and the highest formal authority.
• Prime Minister: The head of the government who exercises most governmental powers and leads Cabinet meetings.
• Parliament: Consists of the President and two Houses, the Lok Sabha and the Rajya Sabha. The Prime Minister must have the support of a majority of Lok Sabha members.

The story of this Office Memorandum began long before it was issued.

1. In 1979, the Government of India appointed the Second Backward Classes Commission, headed by B.P. Mandal. It was popularly known as the Mandal Commission.
2. The Commission's task was to identify the socially and educationally backward classes in India and recommend steps for their advancement.
3. In 1980, the Commission submitted its Report, which included a recommendation to reserve 27 per cent of government jobs for these classes.
4. For several years, implementing this recommendation was debated in Parliament.
5. In the 1989 Lok Sabha elections, the Janata Dal party promised in its manifesto to implement the Mandal Commission report if it came to power.
6. The Janata Dal formed the government, and its leader, V. P. Singh, became the Prime Minister.
7. The President announced the government's intention to implement the recommendations in his address to Parliament.
8. On 6 August 1990, the Union Cabinet made a formal decision to implement the recommendation.
9. The next day, Prime Minister V.P. Singh informed both Houses of Parliament about this decision.
10. The Cabinet's decision was sent to the Department of Personnel and Training, where officers drafted the order. After the minister's approval, an officer signed it on behalf of the Union Government, and the Office Memorandum was officially issued on 13 August 1990.

This decision led to widespread protests and counter-protests across the country. Some people felt it was a necessary step towards social justice for communities that had been under-represented in government jobs. Others argued it was unfair, denied equality of opportunity to those not in the SEBC category, and could deepen caste divisions.

Who resolved this dispute?

The dispute eventually reached the courts. Opponents of the order filed cases, asking the courts to declare it invalid. The Supreme Court of India grouped all these cases together into what became known as the 'Indira Sawhney and others Vs Union of India case'.

In 1992, after hearing arguments from both sides, a bench of eleven judges declared the government's order valid. However, the Court also asked the government to modify its original order to exclude "well-to-do persons" from the backward classes from getting the benefit of reservation.

Following the Court's directive, the Department of Personnel and Training issued another Office Memorandum on 8 September 1993. This ended the dispute, and the policy has been followed since then.

Need for Political Institutions

Governing a country involves many activities: ensuring security, providing education and health facilities, collecting taxes, and running welfare programs. To manage these tasks, modern democracies create arrangements called institutions.

A democracy functions well when these institutions perform the roles assigned to them by the Constitution. In the Mandal Commission example, we saw several institutions at work:

• The Prime Minister and the Cabinet took the policy decision.
• The Civil Servants (or bureaucracy) implemented the decision by drafting and issuing the order.
• The Supreme Court resolved the dispute over the decision.

Working with institutions can sometimes seem slow and complicated due to rules, regulations, meetings, and routines. This can lead to delays. However, these procedures are also a great strength of democracy.

• They provide an opportunity for a wider range of people to be consulted.
• They make it difficult to rush through a bad decision.

That is why democratic governments insist on following institutional procedures.

Parliament

In the story of the reservation order, the decision was formally taken by the Cabinet, not Parliament. However, Parliament played a crucial, though indirect, role.

• The Report of the Mandal Commission was discussed in Parliament for years, which created pressure on the government to act.
• The government knew it needed the support of Parliament to go ahead with such a major decision. If a majority of Parliament members were against it, they could have forced the government to resign.

Why do we need a Parliament?

In every democracy, an assembly of elected representatives exercises supreme political authority on behalf of the people. In India, this national assembly is called Parliament. At the state level, it is called the Legislature or Legislative Assembly.

Parliament holds this authority in several ways:

1. Making Laws: Parliament is the final authority for making new laws, changing existing ones, or abolishing old ones. This function is so important that these assemblies are often called legislatures.
2. Control over the Government: Parliament exercises control over those who run the government. In India, the government can only make decisions as long as it enjoys the support of Parliament.
3. Control over Money: Parliaments control all the money that governments have. Public money can only be spent after Parliament approves it.
4. Highest Forum of Debate: Parliament is the most important body for discussion and debate on public issues and national policy. It can seek information from the government on any matter.

Two Houses of Parliament

Most large countries divide the powers of their parliament into two parts, called Chambers or Houses.

• One House is usually directly elected by the people and holds the real power.
• The second House is often elected indirectly and performs special functions, like representing the interests of different states or regions.

In India, Parliament consists of two Houses:

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

The President of India is also a part of Parliament, even though they are not a member of either House. This is because any law made by the Houses only comes into force after it receives the President's assent.

Which of the two Houses is more powerful?

The Rajya Sabha is sometimes called the 'Upper Chamber' and the Lok Sabha the 'Lower Chamber', but this does not mean the Rajya Sabha is more powerful. Our Constitution gives the Lok Sabha supreme power in most matters.

Here’s how the Lok Sabha exercises more power:

1. Ordinary Laws: An ordinary law must be passed by both Houses. If there is a disagreement, a joint session is held. Because the Lok Sabha has a much larger number of members, its view is more likely to prevail.
2. Money Matters: The Lok Sabha has more power regarding budgets and money-related laws. Once the Lok Sabha passes a budget, the Rajya Sabha cannot reject it. It can only delay it for 14 days or suggest changes, which the Lok Sabha is free to accept or reject.
3. Control over the Government: Most importantly, the Lok Sabha controls the Council of Ministers. The Prime Minister must be a person who has the support of the majority of members in the Lok Sabha. If the Lok Sabha passes a 'no confidence' motion, the entire government, including the Prime Minister, must resign. The Rajya Sabha does not have this power.

Political Executive

The people who make day-to-day decisions and are in charge of implementing government policies are known as the executive. When we talk about "the government," we usually mean the executive.

Political and Permanent Executive

In a democracy, the executive has two categories:

• Political Executive: This includes political leaders who are elected by the people for a specific period. They make the big policy decisions.
• Permanent Executive: This includes long-term appointees, also known as the civil services. People in this category are called civil servants. They remain in office even when the ruling party changes and assist the political executive in day-to-day administration.

The political executive has more power than the permanent executive. A minister, who is an elected representative, has the final say over civil servants, who are often more educated and have more expert knowledge on a subject. This is because, in a democracy, the will of the people is supreme. The minister is accountable to the people for all decisions, and therefore, they are empowered to make the final call. The experts (civil servants) can provide options and advice, but the minister, with a larger view of the public's will, decides the final direction.

Prime Minister and Council of Ministers

The Prime Minister is the most important political institution in the country. There is no direct election for this post.

• The President appoints the leader of the party or coalition of parties that commands a majority in the Lok Sabha as the Prime Minister.
• If no single party or alliance has a majority, the President uses their discretion to appoint the person most likely to secure majority support.

After appointing the Prime Minister, the President appoints other ministers on the Prime Minister's advice. This body of all ministers is officially called the Council of Ministers, which usually has 60 to 80 members of different ranks:

• Cabinet Ministers: Top-level leaders of the ruling party, in charge of major ministries. Most key decisions are taken in Cabinet meetings. The Cabinet is the "inner ring" of the Council of Ministers, with about 25 members.
• Ministers of State with independent charge: Usually in charge of smaller ministries.
• Ministers of State: Attached to and assist Cabinet Ministers.

Because most important decisions are taken by the Cabinet, parliamentary democracy is often called the Cabinet form of government. The Cabinet works as a team, and every minister is bound by its decisions, even if they personally disagree.

Powers of the Prime Minister

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

• Chairs Cabinet meetings.
• Coordinates the work of different ministries and has the final say in disagreements.
• Exercises general supervision over all ministers.
• Distributes and redistributes portfolios (work) to the ministers.
• Has the power to dismiss ministers.
• When the Prime Minister quits, the entire ministry quits.

The Prime Minister's power has grown so much in modern parliamentary democracies that they are sometimes called a Prime Ministerial form of government. However, the rise of coalition politics in recent years has placed some constraints on the Prime Minister's power. A Prime Minister of a coalition government has to accommodate different groups and listen to the views of alliance partners.

The President

While the Prime Minister is the head of the government, the President is the head of the State. In India's political system, the President's powers are largely nominal (ceremonial).

• The President is not elected directly by the people but by elected Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). This ensures the President represents the nation but does not have the direct popular mandate that the Prime Minister has.

All major government activities, laws, policy decisions, and appointments (like the Chief Justice of India, Governors, and Election Commissioners) are made in the name of the President. The President is also the supreme commander of the defence forces.

However, the President exercises 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, they are bound to follow it.
• Similarly, a bill passed by Parliament becomes a law only after the President gives assent. The President can delay it by sending it back for reconsideration, but if Parliament passes it again, they must sign it.

The President does have one very important power to use on their own: appointing the Prime Minister when no single party or coalition has a clear majority in the Lok Sabha.

The Judiciary

An independent and powerful judiciary is essential for a democracy. The judiciary is the system of all courts in the country, from the local level to the national level.

India has an integrated judiciary, meaning the Supreme Court controls the judicial administration of the entire country. Its decisions are binding on all other courts. The Indian judiciary consists of:

• A Supreme Court for the entire nation.
• High Courts in the states.
• District Courts and other courts at the local level.

The Supreme Court can resolve disputes:

• Between citizens.
• Between citizens and the government.
• Between two or more state governments.
• Between the Union government and state governments.

Independence of the Judiciary

Independence of the judiciary means it is not under the control of the legislature or the executive. Judges do not act on the direction of the government or the ruling party. India has achieved this through several measures:

• Appointment: Judges of the Supreme Court 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 Court. In practice, this now means that senior judges of the Supreme Court select new judges, with very little interference from the political executive.
• Removal: Once appointed, a judge can only be removed through a difficult process of impeachment, which requires a special majority of two-thirds of the members in both Houses of Parliament. This has never happened in the history of Indian democracy.

Powers of the Judiciary

The Indian judiciary is one of the most powerful in the world.

• It has the power to interpret the Constitution.
• It can perform judicial review, which means it can declare any law passed by the legislature or any action of the executive invalid if it finds them to be against the Constitution.
• The Supreme Court has ruled that the Parliament cannot change the core or basic principles of the Constitution.
• It acts as the guardian of the Fundamental Rights of citizens.
• Through public interest litigation (PIL), anyone can approach the courts if an action of the government hurts the public interest.

Because of its powers and independence, the judiciary enjoys a high level of confidence among the people of India.