Working of Institutions in Government

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Questions and Answers

What institution is empowered to administer justice and resolve legal disputes?

  • Judiciary (correct)
  • Executive
  • Legislature
  • Civil Service

Who is responsible for the appointment of judges to the Supreme Court and High Courts?

  • The Parliament through a voting process
  • The Chief Justice without any consultation
  • The President on the advice of the Prime Minister (correct)
  • The electorate through direct election

What power allows the Supreme Court and High Courts to declare laws invalid?

  • Executive privilege
  • Constitutional amendment
  • Legislative override
  • Judicial review (correct)

Which principle indicates that the core principles of the Constitution cannot be altered?

<p>Basic structure doctrine (D)</p> Signup and view all the answers

What is Public Interest Litigation (PIL)?

<p>A lawsuit filed against government actions for the public's benefit (C)</p> Signup and view all the answers

How can a judge of the Supreme Court be removed from office?

<p>By impeachment motion passed by two-thirds of members in both houses (D)</p> Signup and view all the answers

What distinguishes the independence of modern judicial systems from the executive and legislature?

<p>Judges do not act under government direction (A)</p> Signup and view all the answers

Which court has the ultimate authority over all legal matters in India?

<p>Supreme Court (D)</p> Signup and view all the answers

Who appoints the Prime Minister in the country?

<p>The President (B)</p> Signup and view all the answers

What happens when the Prime Minister resigns?

<p>The entire ministry resigns (C)</p> Signup and view all the answers

What is the role of the Cabinet Ministers?

<p>They are top-level leaders in charge of major ministries (B)</p> Signup and view all the answers

Who usually coordinates the work of different departments in the government?

<p>The Prime Minister (A)</p> Signup and view all the answers

Which statement about the Council of Ministers is true?

<p>It includes ministers of different ranks (B)</p> Signup and view all the answers

What is the tenure status of a Prime Minister?

<p>No fixed tenure (D)</p> Signup and view all the answers

What is a requirement for a minister who is not a member of Parliament at the time of appointment?

<p>They must get elected to Parliament within 6 months (C)</p> Signup and view all the answers

What does the President primarily exercise in the political system?

<p>Nominal powers (C)</p> Signup and view all the answers

How is the President of India elected?

<p>Indirectly by an electoral college using the proportional representation system (D)</p> Signup and view all the answers

Which statement about the powers of the President is true?

<p>All government activities occur in the name of the President (D)</p> Signup and view all the answers

What is a major difference between the President of India and the President of the United States?

<p>The US President can veto laws from Congress while the Indian President has limited legislative power (D)</p> Signup and view all the answers

In what situation does the President of India exercise discretion when appointing the Prime Minister?

<p>When no party or coalition has a clear majority (A)</p> Signup and view all the answers

What limitation exists on the powers of the President of India?

<p>The President acts on the advice of the Council of Ministers (A)</p> Signup and view all the answers

Which of the following is a role of the President of India during an emergency situation?

<p>To declare an emergency or President's rule (C)</p> Signup and view all the answers

Which of the following appointments is made in the name of the President?

<p>Judges of the Supreme Court (A)</p> Signup and view all the answers

What must occur for a bill passed by Parliament to become law?

<p>The President must give assent to it (B)</p> Signup and view all the answers

Who is regarded as the head of the government in India?

<p>The Prime Minister (D)</p> Signup and view all the answers

Which institution is responsible for making new laws in India?

<p>The Parliament (C)</p> Signup and view all the answers

What is the primary method by which a major policy decision is taken?

<p>Government order (D)</p> Signup and view all the answers

Which house of Parliament represents the interests of the states and union territories?

<p>Rajya Sabha (B)</p> Signup and view all the answers

What role does the President of India play in Parliament?

<p>He/She is a part of Parliament but not a member of either house (A)</p> Signup and view all the answers

What is the function of Parliament regarding government finances?

<p>It can approve all government spending. (D)</p> Signup and view all the answers

If individuals or associations dispute a government order, where can they file their cases?

<p>Supreme Court or High Court (C)</p> Signup and view all the answers

How are the members of the Lok Sabha primarily elected?

<p>Through direct elections (B)</p> Signup and view all the answers

What advantage does Lok Sabha have over Rajya Sabha in financial matters?

<p>Lok Sabha's decisions on money matters cannot be influenced by Rajya Sabha. (D)</p> Signup and view all the answers

What happens if Lok Sabha passes a bill but Rajya Sabha suggests changes?

<p>Lok Sabha can choose whether or not to accept the suggested changes. (A)</p> Signup and view all the answers

Who has the power to appoint the Prime Minister in India?

<p>Only a person with the majority support in Lok Sabha can be appointed. (C)</p> Signup and view all the answers

Which of the following statements about political and permanent executives is true?

<p>Permanent executives remain in office even with a change of the ruling party. (C)</p> Signup and view all the answers

What characterizes the political executive in a democratic country?

<p>They are elected for a specific period to take major decisions. (B)</p> Signup and view all the answers

What is the role of a permanent executive in the government?

<p>To assist elected officials and carry out daily administration. (B)</p> Signup and view all the answers

Which of the following is NOT a duty of the Lok Sabha?

<p>Rejecting any money bills proposed by Rajya Sabha. (D)</p> Signup and view all the answers

What is one of the primary differences between political and permanent executives?

<p>Political executives are elected officials whereas permanent executives are civil servants. (C)</p> Signup and view all the answers

Flashcards

Major Policy Decision

A significant decision made by the government, often through a government order.

Government Order

A written direction on an issue signed by a government official.

Parliament

The group of people elected to make and change laws in a country.

Lok Sabha

The lower house of India's Parliament, directly elected by the people.

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Rajya Sabha

The upper house of India's Parliament, representing states and regions.

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Prime Minister

The head of the government who leads the administration.

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President

The head of state, the highest formal authority.

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Parliamentary Control

Parliament's direct and full control over the government's finances.

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Lok Sabha's Power in Money Bills

Lok Sabha has more power than Rajya Sabha in financial matters. They can pass budgets and money-related laws, with the Rajya Sabha only able to delay such bills for 14 days and suggest changes.

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Lok Sabha and Confidence in Ministers

Members of Lok Sabha can vote to express "no confidence" in the Council of Ministers, potentially forcing their resignation, including the Prime Minister.

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Political Executive

Elected officials who make significant decisions and are responsible for carrying out policy, answerable to the people.

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Permanent Executive

Civil servants who are appointed and remain in office to manage the day-to-day operations of government.

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Joint Session in Lawmaking

In cases of disagreements over laws between Lok Sabha and Rajya Sabha, a joint session is held. The Lok Sabha generally has a decisive vote.

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Ordinary Laws in Parliament

Both Lok Sabha and Rajya Sabha need to approve ordinary laws in parliament, with Lok Sabha having the final say in case of conflicts.

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Rajya Sabha's Limited Power

Rajya Sabha has a limited ability to influence money matters and can't remove the Council of Ministers.

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Executive Power

The power to make daily decisions in a government or country, but not the supreme power.

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Prime Minister's Role

The Prime Minister leads the government, exercising its powers. They are the most important political figure.

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Prime Minister Appointment

The President chooses the Prime Minister, who usually leads the majority party or a winning coalition in Parliament.

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Cabinet Ministers

Top-level leaders (often from the ruling party) who head important government departments.

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Council of Ministers

The official group of all government ministers who form the executive branch.

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Minister Appointment

The President appoints ministers based on the Prime Minister's recommendation and usually from the ruling party.

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President's Limited Power

The President is the head of state but has little direct control over government activities.

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Cabinet's Role

The core group of ministers responsible for making most of the government's important decisions.

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Prime Minister's Powers

The Prime Minister directs Cabinet meetings, coordinates departments, and dismisses ministers.

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Electoral College

A group of people chosen to elect the President of India. It includes members of Parliament (MPs) and state legislative assemblies (MLAs).

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Proportional Representation

A system where seats in the Electoral College are distributed based on the proportion of votes each party receives.

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Single Transferable Vote

A voting system where voters rank their preferences. Excess votes for elected candidates are transferred to the next choice.

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President's Role in Lawmaking

The President can veto laws passed by Parliament, preventing them from becoming official. However, he can't reject laws entirely.

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President's Emergency Powers

The President can declare a state of emergency or President's Rule in times of crisis, allowing them to take control.

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President's Appointment Power

The President appoints key figures: Chief Justice, Supreme Court judges, Governors, Election Commissioners, etc.

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President's Council of Ministers

The President must act on the advice of the Council of Ministers, which is responsible for running the government.

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Judiciary

The institution responsible for administering justice and resolving legal disputes.

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Supreme Court

India's highest court with jurisdiction over the entire nation, its decisions bind all other courts.

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High Court

State-level courts with jurisdiction over their respective states.

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Judicial Review

The power of the courts to declare laws or actions by the executive invalid if they violate the Constitution.

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Judge Appointment

Judges of the Supreme Court and High Courts are appointed by the President on the advice of the Prime Minister, in consultation with the Chief Justice.

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Judge Removal

Removing a Supreme Court or High Court judge is extremely difficult, requiring a two-thirds impeachment vote by both houses of Parliament.

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Public Interest Litigation (PIL)

Anyone can approach the courts to address public interest issues arising from government actions.

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Guardian of Fundamental Rights

The Indian judiciary protects and enforces the fundamental rights enshrined in the Constitution.

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Study Notes

Working of Institutions

  • Government institutions—legislature, executive, and judiciary—play key roles in policy decisions.
  • Policy decisions are made through government orders, which are written directions from government authorities.
  • Decision-makers include the President (head of state), Prime Minister (head of government), and Parliament (President and two houses: Lok Sabha and Rajya Sabha).
  • Lok Sabha represents the people, and Rajya Sabha represents states and territories.
  • Major decisions are made by the Council of Ministers, led by the Prime Minister, through cabinet meetings.
  • Citizens can challenge government decisions by filing cases in the Supreme Court or High Court.
  • Parliament, composed of elected representatives (directly or indirectly), is the final authority for making and changing laws.
  • Parliament controls the government's budget, debates public issues, and sets national policy.
  • Parliament has two houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
  • Lok Sabha has real power, directly elected by people.
  • Rajya Sabha represents states and has special functions, such as representing interests of states.
  • The President is part of Parliament but isn't a member of either house.

Special Powers of Lok Sabha Over Rajya Sabha

  • Lok Sabha holds significant power in most decisions, including those related to money (budget).
  • Money bills can be delayed by Rajya Sabha but cannot be rejected.
  • Lok Sabha controls the Council of Ministers; only those with majority support in Lok Sabha can become Prime Minister.
  • If Lok Sabha loses confidence in the Council of Ministers, all ministers (including the Prime Minister) must resign.
  • Rajya Sabha does not have this power.

Political and Permanent Executive

  • Democratic countries have two types of executives: political and permanent.
  • Political executive are elected for a set period, make major decisions, and include political leaders.
  • Permanent executive (civil servants) are appointed for longer terms, assist the political executive, and remain in office even when the ruling party changes.

Prime Minister

  • Prime Minister is the head of government and exercises executive powers.
  • They are appointed by the President based on the majority party or a coalition in the Lok Sabha.
  • They chair Cabinet meetings, coordinate ministries and have broad power.

Council of Ministers

  • The Council of Ministers is the official body of ministers (60-80 members from different ranks).
  • Cabinet Ministers are high-ranking members of the ruling party, in charge of major ministries.
  • Ministers of State are in charge of smaller ministries.
  • The Cabinet Secretariat assistants in coordinating ministries.

President

  • President is the head of state with nominal powers (more ceremonial and symbolic).
  • President appoints the Council of Ministers on the Prime Minister's advice.
  • President supervises the functioning of political institutions.
  • The President is indirectly elected by an electoral college.

Powers of the President

  • The President is the formal head of the state.
  • The President appoints government officials, such as judges, governors, and election commissioners.
  • The President has emergency powers for critical situations.
  • The President appoints the Prime Minister, though the choice is made according to the party support in Lok Sabha.

Judiciary

  • Judiciary interprets the constitution, checks the legislative and executive actions.
  • Judicially review actions by legislature and executive — if declared unconstitutional, those actions cease.
  • It provides a mechanism to resolve legal disputes (Supreme Court, high courts, subordinate courts, etc).
  • Supreme Court's decisions are binding on all other courts.
  • Judges are independent from the executive and legislature.

Appointment and Removal of Judges

  • Judges of Supreme Court and High Courts appointed by the President, based on the advice of the Prime Minister and in consultation with the Chief Justice.
  • Removal of judges is difficult; requires impeachment by Parliament.

Role of the Supreme Court and High Courts

  • Supreme Court and High Courts interpret the constitution.
  • They can declare laws or actions invalid if unconstitutional.
  • They have the role of public interest litigation (PIL)—to act in situations where public interest is adversely affected.
  • They safeguard fundamental rights by checking the actions of the government and maintain a check on the administrative machinery.

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