Working of Institutions - NCERT Class 9 Social Science PDF

For more FREE DOWNLOADS, visit www.aspirationsinstitute.com CHAPTER 5 Working of Institutions OVERVIEW Democracy is not just about people electing their rulers. In a democracy the rulers have to follow some rules and procedures. They have to work with and...

For more FREE DOWNLOADS, visit www.aspirationsinstitute.com CHAPTER 5 Working of Institutions OVERVIEW Democracy is not just about people electing their rulers. In a democracy the rulers have to follow some rules and procedures. They have to work with and within institutions. This chapter is about the working of such institutions in a democracy. We try to understand this by looking at the manner in which major decisions are taken and implemented in our country. We also look at how disputes regarding these decisions are resolved. In this process we come across three institutions that play a key role in major decisions – legislature, executive and judiciary. You have already read something about these institutions in earlier classes. Here we shall quickly summarise those and move on to asking larger questions. In the case of each institution we ask: What does this institution do? How is this institution connected to other institutions? What makes its functioning more or less democratic? The basic objective here is to understand how all these institutions together carry on the work of government. Sometimes we compare these with similar institutions in other democracies. In this chapter we take our examples from the working of the national level government called Central Government, Union Government, or just Government of India. While reading this chapter, you can think of and discuss examples from the working of the government in your state. 78 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com 5.1 HOW IS A MAJOR POLICY DECISION TAKEN? nmentt Or nmen A GGoo v e rrnmen der Order Pensions, signed the Order. It was On August 13, 1990, the Government quite short, barely one page. It of India issued an Order. It was looked like any ordinary circular or called an Office Memorandum. Like notice that you may have seen in all government orders, it had a num- school. The government issues hun- ber and is known by that: O. M. No. dreds of orders every day on differ- 36012/31/90-Est (SCT), dated ent matters. But this one was very 13.8.1990. The Joint Secretary, an important and became a source of officer in the Department of Person- controversy for several years. Let us nel and Training in the Ministry of see how the decision was taken and Personnel, Public Grievances and what happened later. WORKING OF INSTITUTIONS 79 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com This Order announced a major So, were all these people involved policy decision. It said that 27 per in this decision regarding the Office cent of the vacancies in civil posts Memorandum? Let us find out. and services under the Government of India are reserved for the Socially and Educationally Backward Classes A C T I V I T Y (SEBC). SEBC is another name for all those people who belong to castes < Which points, other than the ones mentioned that are considered backward by the above, do you recall about these institutions Is every Office government. The benefit of job res- from the previous class? Discuss in class. Memorandum a ervation was till then available only < Can you think of a major decision made by major political to Scheduled Castes and Scheduled your state government? How were the Gover- decision? If not, Tribes. Now a new third category nor, the Council of Ministers, the state assem- what made this called SEBC was introduced. Only bly and the courts involved in that decision? one different? persons who belong to backward classes were eligible for this quota This Office Memorandum was the of 27 per cent jobs. Others could not culmination of a long chain of compete for these jobs. events. The Government of India had appointed the Second Backward Dee cision M The D ers Maa kkers Classes Commission in 1979. It was Who decided to issue this headed by B.P. Mandal. Hence it was Memorandum? Clearly, such a big popularly called the Mandal decision could not have been taken Commission. It was asked to by the person who signed that determine the criteria to identify the document. The officer was merely socially and educationally backward implementing the instructions given classes in India and recommend by the Minister of Personnel, Public steps to be taken for their Grievances and Pensions, of which advancement. The Commission gave the Department was a part. We can its Report in 1980 and made many guess that such a major decision recommendations. One of these was would have involved other major that 27 per cent of government jobs functionaries in our country. You be reserved for the socially and have already read in the previous educationally backward classes. class about some of them. Let us go The Report and recommendations over some of the main points that were discussed in the Parliament. you covered then: For several years, many < President is the head of the state parliamentarians and parties kept and is the highest formal authority demanding the implementation of in the country. the Commission’s recommendations. < Prime Minister is the head of the Then came the Lok Sabha election government and actually exercises of 1989. In its election manifesto, all governmental powers. He takes the Janata Dal promised that if voted most of the decisions in the to power, it would implement the Cabinet meetings. Mandal Commission report. The Now I can see clearly! That is why < Parliament consists of the Janata Dal did form the government they talk of President and two Houses, Lok after this election. Its leader V. P. Mandalisation of Sabha and Rajya Sabha. The Prime Singh became the Prime Minister. politics. Don’t they? Minister must have the support of Several developments took place a majority of Lok Sabha members. after that: 80 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com < The President of India in his were full of different views and address to the Parliament opinions on this issue. It led to read announced the intention of the widespread protests and counter- the government to implement the recommendations of the Mandal protests, some of which were violent. People reacted strongly because this ima ge image Commission. decision affected thousands of job < On 6 August 1990, the Union opportunities. Some felt that Cabinet took a formal decision to existence of inequalities among Reservation debate implement the recommendations. people of different castes in India was such an < Next day Prime Minister V.P. Singh necessitated job reservations. They important issue during informed the Parliament about felt, this would give a fair 1990-91 that this decision through a statement opportunity to those communities advertisers used this in both the Houses of Parliament. who so far had not adequately been theme to sell their < The decision of the Cabinet was represented in government products. Can you sent to the Department of Personnel employment. spot some references and Training. The senior officers of Others felt that this was unfair as to political events and the Department drafted an order in it would deny equality of opportunity debates in these Amul line with the Cabinet decision and to those who did not belong to Butter hoardings? took the minister’s approval. An backward communities. They would officer signed the order on behalf of be denied jobs even though they the Union Government. This was could be more qualified. Some felt how O.M. No. 36012/ 31/90 was that this would perpetuate caste born on August 13, 1990. feelings among people and hamper For the next few months, this was national unity. In this chapter we the most hotly debated issue in the won’t discuss whether the decision ©GCMMF India country. Newspapers and magazines was good or not. We only take this example to understand how major decisions are taken and implemented in the country. Who resolved this dispute? You know that the Supreme Court and the High Courts in India settle disputes arising out of governmental decisions. Some persons and associations opposed to this order filed a number of cases in the courts. They appealed to the courts to declare the order invalid and stop its implementation. The Supreme Court of India bunched all these cases together. This case was known as the ‘Indira Sawhney and others Vs Union of India case’. 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. At the same time the Supreme Court asked the government to modify its WORKING OF INSTITUTIONS 81 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com original order. It said that well-to- Personnel and Training issued do persons among the backward another Office Memorandum on classes should be excluded from September 8, 1993. The dispute getting the benefit of reservation. thus came to an end and this policy Accordingly, the Department of has been followed since then. Who did what in this case of reservations for backward classes? Supreme Court Made formal announcement about this decision Cabinet Implemented the decision by issuing an order CHECK President Government Officials Took the decision to give 27% job reservations YOUR Upheld reservations as valid PROGRESS olitical Institu- N e eedd ffoo r PPolitical functions of each institution. In the tions example above we saw several such We have seen one example of how the institutions at work. government works. Governing a < The Prime Minister and the country involves various such Cabinet are institutions that take activities. For example, the government all important policy decisions. is responsible for ensuring security to < The Civil Servants, working the citizens and providing facilities for together, are responsible for education and health to all. It collects taking steps to implement the taxes and spends the money thus ministers’ decisions. raised on administration, defence and < Supreme Court is an institution development programmes. It where disputes between citizens formulates and implements several and the government are finally welfare schemes. Some persons have settled. to take decisions on how to go about Can you think of some other insti- these activities. Others have to tutions in this example? What is implement these decisions. If their role? disputes arise on these decisions or Working with institutions is not in their implementation, there should easy. Institutions involve rules and be some one to determine what is regulations. This can bind the hands right and what is wrong. It is of leaders. Institutions involve important that everyone should meetings, committees and routines. know who is responsible for doing This often leads to delays and what. It is also important that these complications. Therefore dealing activities keep taking place even if with institutions can be frustrating. the persons in key positions change. One might feel that it is much better Which institutions So, to attend to all these to have one person take all decisions are at work in the tasks, several arrangements are without any rules, procedures and running of your made in all modern democracies. meetings. But that is not the spirit school? Would it Such arrangements are called of democracy. Some of the delays be better if one institutions. A democracy works well and complications introduced by person alone took when these institutions perform institutions are very useful. They all the decisions functions assigned to them. The provide an opportunity for a wider regarding Constitution of any country lays set of people to be consulted in any management of down basic rules on the powers and decision. Institutions make it your school? 82 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com difficult to have a good decision through a bad decision. That is why taken very quickly. But they also democratic governments insist on make it equally difficult to rush institutions. 5.2 PARLIAMENT In the example of the Office class and try to imagine what the Memorandum, do you remember Parliament could have done if it did the role of the Parliament? Perhaps not approve of the Cabinet’s not. Since this decision was not decision. taken by the Parliament, you might think that the Parliament had no W h y do w needd a wee nee role in it. But let us go back to the liamentt ? liamen P a rrliamen story and see whether Parliament In all democracies, an assembly of figures in it. Let us recall the points elected representatives exercises made earlier by completing the supreme political authority on following sentences: behalf of the people. In India such a < The Report of the Mandal national assembly of elected Commission was discussed … representatives is called Parliament. < The President of India mentioned At the state level this is called this in his … Legislature or Legislative Assembly. < The Prime Minister made a … The name may vary in different The decision was not directly taken countries, but such an assembly in the Parliament. But Parliamentary exists in every democracy. It discussions on the Report influenced exercises political authority on and shaped the decision of the behalf of the people in many ways: government. They brought pressure on the government to act on the 1 Parliament is the final authority for Mandal recommendation. If the making laws in any country. This Parliament was not in favour of this task of law making or legislation decision, the Government could not is so crucial that these assemblies have gone ahead with it. Can you are called legislatures. Parliaments guess why? Recall what you read all over the world can make new about the Parliament in the earlier laws, change existing laws, or abolish existing laws and make new ones in their place. 2 Parliaments all over the world exercise some control over those who run the government. 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 support of the Parliament. 3 Parliaments control all the money that governments have. In most Irfan Khan countries any the public money can be spent only when the Parliament sanctions it. WORKING OF INSTITUTIONS 83 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com 4 Parliament is the highest forum of Which of the two Houses is more discussion and debate on public powerful? It might appear that the issues and national policy in any Rajya Sabha is more powerful, for country. Parliament can seek sometimes it is called the ‘Upper information about any matter. Chamber’ and the Lok Sabha the ‘Lower Chamber’. But this does not Tw o H Houses liamentt liamen ouses of PPaa rrliamen mean that Rajya Sabha is more What is the point in Since the Parliament plays a central powerful than Lok Sabha. This is having so much role in modern democracies, most just an old style of speaking and not debate and large countries divide the role and the language used in our discussion in the powers of the Parliament in two Constitution. Parliament when parts. They are called Chambers or Our Constitution does give the we know that the Houses. One House is usually Rajya Sabha some special powers view of the ruling directly elected by the people and over the states. But on most matters, party is going to exercises the real power on behalf the Lok Sabha exercises supreme prevail? of the people. The second House is power. Let us see how: usually elected indirectly and 1 Any ordinary law needs to be performs some special functions. passed by both the Houses. But if The most common work for the there is a difference between the second House is to look after the two Houses, the final decision is interests of various states, regions taken in a joint session in which or federal units. members of both the Houses sit In our country, the Parliament together. Because of the larger consists of two Houses. The two number of members, the view of Houses are known as the Council of States (Rajya Sabha) and the House the Lok Sabha is likely to prevail of the People (Lok Sabha). The in such a meeting. President of India is a part of the 2 Lok Sabha exercises more powers Parliament, although she is not a in money matters. Once the Lok member of either House. That is why Sabha passes the budget of the all laws made in the Houses come government or any other money into force only after they receive the related law, the Rajya Sabha assent of the President. cannot reject it. The Rajya Sabha You have read about the Indian can only delay it by 14 days or Parliament in earlier classes. From suggest changes in it. The Lok the Chapter Four you know how Lok Sabha may or may not accept Sabha elections take place. Let us these changes. recall some key differences between the composition of these two Houses of Parliament. Answer the following A C T I V I T Y for the Lok Sabha and the Rajya Sabha: When the Parliament is in session, there is a spe- < What is the total number of cial programme everyday on Doordarshan about members? … the proceedings in Lok Sabha and Rajya Sabha. < Who elects the members? … Watch the proceedings or read about it in the < What is the length of the term (in newspapers and note the following: years)? … < Powers of the two Houses of Parliament. < Can the House be dissolved or is < Role of the Speaker. it permanent? … < Role of the Opposition. 84 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com 3 Most importantly, the Lok Sabha majority of the Lok Sabha members controls the Council of Ministers. say they have ‘no confidence’ in the Only a person who enjoys the Council of Ministers, all ministers support of the majority of the including the Prime Minister, have members in the Lok Sabha is to quit. The Rajya Sabha does not appointed the Prime Minister. If the have this power. A day in the life of the Lok Sabha 7 December 2004 was an ordinary day in the life of Railways in addition to that sanctioned in the the Fourteenth Lok Sabha. Let us take a look at what Railway Budget. happened in the course of that day. Identify the role The Minister of Human Resource Development and powers of the parliament on the basis of the introduced the National Commission for Minority proceedings for the day as given below. You can Educational Institutions Bill, 2004. He also gave also enact this day in your classroom. a statement explaining why the government had to bring an ordinance for this. 11:00 Various ministries gave written answers to about 250 12:14 Several members highlighted questions that were asked by some issues, including: members. These included: < What is the government’s policy on talking to < The vindictiveness of the Central Bureau of militant groups in Kashmir? Investigation (CBI) in registering cases against < What are the figures of atrocities against some leaders in the Tehelka case. Scheduled Tribes, including those inflicted by < Need to include Rajasthani as an official the police? language in the Constitution. < What is the government doing about over- < Need to renew the insurance policies of pricing of medicines by big companies? farmers and agricultural workers of Andhra Pradesh. 12:00 A large number of official documents were presented and were 2:26 Two bills proposed by the available for discussion. These government were considered and included: passed. These were: < Recruitment rules for the Indo-Tibetan Border < The Securities Laws (Amendment) Bill Police Force < The Enforcement of Security Interest and < Annual Repor t of the Indian Institute of Recovery of Debts Laws (Amendment) Bill Technology, Kharagpur < Report and accounts of Rashtriya Ispat Nigam 4:00 Finally, there was a long Limited, Visakhapatnam discussion regarding the foreign policy of the government and the 12:02 The Minister of Development need to continue an independent of North Eastern Region made a foreign policy in the context of the statement regarding Revitalisation of situation in Iraq. the North Eastern Council. The Minister of State for Railways presented a 7:17 Discussion concluded. House statement showing the grant needed by the adjourned for next day. WORKING OF INSTITUTIONS 85 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com 5.3 POLITICAL EXECUTIVE Do you remember the story of the executive in the case of the Office Office Memorandum with which we Memorandum? started this chapter? We found out You might ask: Why does the that the person who signed the political executive have more power document did not take this decision. than the non-political executive? He was only executing the policy Why is the minister more powerful decision taken by someone else. We than the civil servant? The civil noted the role of the Prime Minister servant is usually more educated in taking that decision. But we also and has more expert knowledge of know that he could not have taken the subject. The advisors working in that decision if he did not have the Finance Ministry know more support from the Lok Sabha. In that about economics than the Finance sense he was only executing the Minister. Sometimes the ministers wishes of the Parliament. may know very little about the Thus, at different levels of any technical matters that come under government we find functionaries their ministry. This could easily who take day-to-day decisions but happen in ministries like Defence, do not exercise supreme power on Industry, Health, Science and behalf of the people. All those Technology, Mining, etc. Why should functionaries are collectively known the minister have the final say on as the executive. They are called these matters? executive because they are in charge The reason is very simple. In a of the ‘execution’ of the policies of democracy the will of the people is the government. Thus, when we talk supreme. The minister is elected by about ‘the government’ we usually the people and thus empowered to mean the executive. exercise the will of the people on their behalf. She is finally manentt manen P olitical and PPee rrmanen answerable to the people for all the utivee E xe c utiv consequences of her decision. That In a democratic country, two is why the minister takes all the final categories make up the executive. decisions. The minister decides the One that is elected by the people for overall framework and objectives in a specific period, is called the which decisions on policy should be political executive. Political leaders made. The minister is not, and is not who take the big decisions fall in this expected to be, an expert in the category. In the second category, matters of her ministry. The minister people are appointed on a long-term takes the advice of experts on all basis. This is called the permanent technical matters. But very often executive or civil services. Persons experts hold different opinions or working in civil services are called place before her more than one civil servants. They remain in office option. Depending on what the even when the ruling party changes. overall objective is, the minister These officers work under political decides. executive and assist them in Actually this happens in any large carrying out the day-to-day organisation. Those who understand administration. Can you recall the the overall picture take the most role of political and non-political important decisions, not the experts. 86 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com The experts can tell the route, but After the appointment of the Prime someone with a larger view decides Minister, the President appoints the destination. In a democracy other ministers on the advice of the elected ministers perform this role. Prime Minister. The Ministers are usually from the party or the P r ime M inister and CCouncil inister Minist ouncil coalition that has the majority in the of M inisters inisters Minist Lok Sabha. The Prime Minister is Prime Minister is the most important free to choose ministers, as long as political institution in the country. they are members of Parliament. read Yet there is no direct election to the Sometimes, a person who is not a post of the Prime Minister. The member of Parliament can also the President appoints the Prime become a minister. But such a cartoon Minister. But the President cannot appoint anyone she likes. The person has to get elected to one of the Houses of the Parliament within President appoints the leader of the six months of appointment as The race to become majority party or the coalition of minister. minister is not new. parties that commands a majority Council of Ministers is the official Here is a cartoon in the Lok Sabha, as Prime Minister. name for the body that includes all depicting ministerial In case no single party or alliance the Ministers. It usually has 60 to aspirants waiting to gets a majority, the President 80 Ministers of different ranks. get a berth in Nehru’s appoints the person most likely to < Cabinet Ministers are usually Cabinet after the secure a majority support. The top-level leaders of the ruling party 1962 elections. Why Prime Minister does not have a fixed or parties who are in charge of the do you think political tenure. He continues in power so major ministries. Usually the leaders are so keen to long as he remains the leader of the Cabinet Ministers meet to take become ministers? majority party or coalition. decisions in the name of the Council of Ministers. Cabinet is ©Shankar. Don’t Spare Me thus the inner ring of the Council of Ministers. It comprises about 20 ministers. < Ministers of State with indepen- dent charge are usually in-charge of smaller Ministries. They participate in the Cabinet meet- ings only when specially invited. < Ministers of State are attached to and required to assist Cabinet Ministers. Since it is not practical for all ministers to meet regularly and discuss everything, the decisions are taken in Cabinet meetings. That is why parliamentary democracy in most countries is often known as the Cabinet form of government. 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. WORKING OF INSTITUTIONS 87 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com No minister can openly criticise any decision of the government, even if it is about another Ministry or Department. Every ministry has secretaries, who are civil servants. The secretaries provide the necessary background information ©R.K. Laxman, The Times of India to the ministers to take decisions. The Cabinet as a team is assisted by the Cabinet Secretariat. This includes many senior civil servants who try to coordinate the working of different ministries. A C T I V I T Y who is the most powerful. The < List the names of five Cabinet Ministers and powers of the Prime Minister in all their ministries each at the Union level and in parliamentary democracies of the read your state. < Meet the Mayor or Municipal Chairperson of world have increased so much in recent decades that parliamentary the your town or the President of Zila Parishad of democracies are some times seen as cartoon your district and ask him or her about how the Prime Ministerial form of city, town or district is administered. government. As political parties have This cartoon depicts come to play a major role in politics, a cabinet meeting P o w ers of the the Prime Minister controls the chaired by Prime P r ime M inistee r inist Minist Cabinet and Parliament through the Minister Indira Gandhi The Constitution does not say very party. The media also contributes to in early 1970s, at the much about the powers of the Prime this trend by making politics and peak of her popularity. Minister or the ministers or their elections as a competition between top leaders of parties. In India too Do you think similar relationship with each other. But as cartoons could be head of the government, the Prime we have seen such a tendency towards the concentration of powers drawn about other Minister has wide ranging powers. prime ministers who He chairs Cabinet meetings. He in the hands of the Prime Minister. followed her? coordinates the work of different Jawaharlal Nehru, the first Prime Departments. His decisions are final Minister of India, exercised in case disagreements arise between enormous authority because he had Departments. He exercises general great influence over the public. supervision of different ministries. Indira Gandhi was also a very All ministers work under his powerful leader compared to her leadership. The Prime Minister colleagues in the Cabinet. Of course, distributes and redistributes work the extent of power wielded by a to the ministers. He also has the Prime Minister also depends on the power to dismiss ministers. When personality of the person holding the Prime Minister quits, the entire that position. ministry quits. However, in recent years the rise Thus, if the Cabinet is the most of coalition politics has imposed powerful institution in India, within certain constraints on the power of the Cabinet it is the Prime Minister the Prime Minister. The Prime 88 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com Minister of a coalition government by the people. The elected Members cannot take decisions as he likes. of Parliament (MPs) and the elected He has to accommodate different Members of the Legislative groups and factions in his party as Assemblies (MLAs) elect her. A Why does this well as among alliance partners. He candidate standing for President’s book refer to the also has to heed to the views and post has to get a majority of votes to President as ‘she’? positions of the coalition partners win the election. This ensures that Have we ever had and other parties, on whose support the President can be seen to represent a woman President the survival of the government the entire nation. At the same time in our country? depends. the President can never claim the kind of direct popular mandate that the esidentt The PPrresiden Prime Minister can. This ensures that While the Prime Minister is the head of the government, the President is she remains only a nominal executive. the head of the State. In our political The same is true of the powers of system the head of the State exercises the President. If you casually read the Did you protest only nominal powers. The President Constitution you would think that when the book of India is like the Queen of Britain there is nothing that she cannot do. referred to the whose functions are to a large extent All governmental activities take place Prime Minister as ceremonial. The President supervises in the name of the President. All laws ‘he’? Have we not the overall functioning of all the and major policy decisions of had a woman political institutions in the country so the government are issued in her Prime Minister? that they operate in harmony to name. All major appointments are Why should we achieve the objectives of the State. made in the name of the President. assume that all the The President is not elected directly These include the appointment of important positions Press Information Bureau are held by men? The President, Shri Pranab Mukherjee administering the oath of office of the Prime Minister to Shri Narendra Modi, at a Swearing-in Ceremony, at Rashtrapati Bhavan on 26 May 2014. WORKING OF INSTITUTIONS 89 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com the Chief Justice of India, the majority support in the Lok Sabha. Judges of the Supreme Court and When no party or coalition gets a the High Courts of the states, the majority in the Lok Sabha, the Governors of the states, the Election President exercises her discretion. Commissioners, ambassadors to The President appoints a leader who read other countries, etc. All international treaties and agreements are made in in her opinion can muster majority support in the Lok Sabha. In such a the the name of the President. The case, the President can ask the ima ge image President is the supreme newly appointed Prime Minister to commander of the defence forces of prove majority support in the Lok India. Sabha within a specified time. But we should remember that the President exercises all these powers The Presidential System only on the advice of the Council of Ministers. The President can ask the Presidents all over the world are not always nomi- Council of Ministers to reconsider its nal executives like the President of India. In many advice. But if the same advice is countries of the world, the President is both the given again, she is bound to act head of the state and the head of the govern- according to it. Similarly, a bill ment. The President of the United States of passed by the Parliament becomes America is the most well known example of this a law only after the President gives kind of President. The US President is directly assent to it. If the President wants, elected by the people. He personally chooses and she can delay this for some time and appoints all Ministers. The law making is still done send the bill back to the Parliament by the legislature (called the Congress in the US), for reconsideration. But if the but the president can veto any law. Most impor- Parliament passes the bill again, she tantly, the president does not need the support has to sign it. of the majority of members in the Congress and So you may wonder what does the neither is he answerable to them. He has a fixed President really do? Can she do tenure of four years and completes it even if his What is better for a anything on her own at all? There is party does not have a majority in the Congress. democracy: A one very important thing she should This model is followed in most of the coun- Prime Minister who do on her own: appoint the Prime tries of Latin America and many of the ex-Soviet can do whatever Minister. When a party or coalition Union countries. Given the centrality of the Presi- he wishes or a of parties secures a clear majority dent, this system of government is called the Prime Minister who in the elections, the President, has Presidential form of government. In countries like needs to consult to appoint the leader of the majority ours that follow the British model, the parliament other leaders and party or the coalition that enjoys is supreme. Therefore our system is called the parties? parliamentary system of government. Eliamma, Annakutti and Marymol read the section on the President. Each of them had a question. Can you help them in answering these questions? Eliamma: What happens if the President and the Prime Minister disagree about some policy? Does CHECK the view of the Prime Minister always prevail? YOUR Annakutti: I find it funny that the President is the Supreme Commander of Armed Forces. I doubt if the President can even lift a heavy gun. What is the point in making the President the Com- PROGRESS mander? Marymol: I would say, what is the point in having a President at all if all the real powers are with the Prime Minister? 90 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com It is quite common in 5.4 THE JUDICIARY the US for judges to Let us return, one final time, to the be nominated on the story of Office Memorandum that we A C T I V I T Y basis of well-known started with. This time let us not political opinions and recall the story, but imagine how Follow the news about any major court case in a affiliations. This different the story could have been. High Court or the Supreme Court. What was the fictitious Remember, the story came to a original verdict? Did the High Court or the advertisement satisfactory end because the Supreme Court change it? What was the reason? appeared in the US in Supreme Court gave a verdict that 2005 when President was accepted by everyone. Imagine This is why an independent and Bush was considering what would have happened in the powerful judiciary is considered various candidates for following situations: essential for democracies. All the nomination to the US < If there was nothing like a courts at different levels in a country supreme court. What Supreme Court in the country. put together are called the judiciary. does this cartoon say < Even if there was a Supreme The Indian judiciary consists of a about the Court, if it had no power to judge Supreme Court for the entire nation, independence of the actions of the government. High Courts in the states, District judiciary? Why do < Even if it had the power, if no one Courts and the courts at local level. such cartoons not trusted the Supreme Court to give India has an integrated judiciary. It appear in our a fair verdict. means the Supreme Court controls country? Does this < Even if it gave a fair judgement, if the judicial administration in the demonstrate the those who appealed against the country. Its decisions are binding on independence of our Government Order did not accept all other courts of the country. It can judiciary? the judgement. 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. It is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of the High Courts. Independence of the judiciary ©M.E. Cohen, National, Cagle Cartoons Inc. means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. That is why all modern democracies have courts that are independent of the legislature and the executive. India has achieved this. The judges of the Supreme Court and the High Courts are appointed by the President on the WORKING OF INSTITUTIONS 91 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com advice of the Prime Minister and in Constitution. Thus they can consultation with the Chief Justice of determine the Constitutional the Supreme Court. In practice it now validity of any legislation or action means that the senior judges of the of the executive in the country, Supreme Court select the new judges when it is challenged before them. of the Supreme Court and the High This is known as the judicial review. Courts. There is very little scope for The Supreme Court of India has also interference by the political executive. ruled that the core or basic Why are people The senior most judge of the Supreme principles of the Constitution cannot allowed to go to Court is usually appointed the Chief be changed by the Parliament. courts against the Justice. Once a person is appointed The powers and the independence government’s as judge of the Supreme Court or the of the Indian judiciary allow it to act decisions? High Court it is nearly impossible to as the guardian of the Fundamental remove him or her from that position. Rights. We shall see in the next It is as difficult as removing the chapter that the citizens have a President of India. A judge can be right to approach the courts to seek removed only by an impeachment remedy in case of any violation of motion passed separately by two- their rights. In recent years the thirds members of the two Houses of Courts have given several the Parliament. It has never happened judgments and directives to protect in the history of Indian democracy. public interest and human rights. The judiciary in India is also one Any one can approach the courts if of the most powerful in the world. public interest is hurt by the actions The Supreme Court and the High of government. This is called public Courts have the power to interpret interest litigation. The courts the Constitution of the country. They intervene to prevent the misuse of can declare invalid any law of the the government’s power to make legislature or the actions of the decisions. They check malpractices executive, whether at the Union on the part of public officials. That is level or at the state level, if they find why the judiciary enjoys a high level such a law or action is against the of confidence among the people. Give one reason each to argue that Indian judiciary is independent with respect to: Appointment of judges: … CHECK Removal of judges: … YOUR Powers of the judiciary: … PROGRESS 92 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com Coalition government: A government formed by an alliance of two or more political parties, usually when no single party enjoys majority support of the members in a legislature. GLOSSARY Executive: A body of persons having authority to initiate major policies, make decisions and implement them on the basis of the Constitution and laws of the country. Government: A set of institutions that have the power to make, implement and interpret laws so as to ensure an orderly life. In its broad sense, government administers and supervises over citizens and resources of a country. Judiciary: An institution empowered to administer justice and provide a mechanism for the resolution of legal disputes. All the courts in the country are collectively referred to as judiciary. Legislature: An assembly of people’s representatives with the power to enact laws for a country. In addition to enacting laws, legislatures have authority to raise taxes and adopt the budget and other money bills. Office Memorandum: A communication issued by an appropriate authority stating the policy or decision of the government. Political Institution: A set of procedures for regulating the conduct of government and political life in the country. Reservations: A policy that declares some positions in government employment and educational institutions ‘reserved’ for people and communities who have been discriminated against, are disadvantaged and backward. State: Political association occupying a definite territory, having an organised government and possessing power to make domestic and foreign policies. Governments may change, but the state continues. In common speech, the terms country, nation and state are used as synonyms. exercises 1 If you are elected as the President of India which of the following decision can you take on your own? a Select the person you like as Prime Minister. b Dismiss a Prime Minister who has a majority in Lok Sabha. c Ask for reconsideration of a bill passed by both the Houses. d Nominate the leaders of your choice to the Council of Ministers. 2 Who among the following is a part of the political executive? a District Collector b Secretary of the Ministry of Home Affairs c Home Minister d Director General of Police 3 Which of the following statements about the judiciary is false? a Every law passed by the Parliament needs approval of the Supreme Court b Judiciary can strike down a law if it goes against the spirit of the Constitution c Judiciary is independent of the Executive d Any citizen can approach the courts if her rights are violated WORKING OF INSTITUTIONS 93 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com exercises 4 Which of the following institutions can make changes to an existing law of the country? a The Supreme Court b The President c The Prime Minister d The Parliament 5 Match the ministry with the news that the ministry may have released: a A new policy is being made to i Ministry of Defence increase the jute exports from the country. b Telephone services will be made ii Ministry of Agriculture, Food more accessible to rural areas. and Public Distribution c The price of rice and wheat sold iii Ministry of Health under the Public Distribution System will go down. d A pulse polio campaign will be iv Ministry of Commerce launched. and Industry e The allowances of the soldiers v Ministry of Communications posted on high altitudes will be and Information Technology increased. 6 Of all the institutions that we have studied in this chapter, name the one that exercises the powers on each of the following matters. a Decision on allocation of money for developing infrastructure like roads, irrigation etc. and different welfare activities for the citizens b Considers the recommendation of a Committee on a law to regulate the stock exchange c Decides on a legal dispute between two state governments d Implements the decision to provide relief for the victims of an earthquake. 7 Why is the Prime Minister in India not directly elected by the people? Choose the most appropriate answer and give reasons for your choice. a In a Parliamentary democracy only the leader of the majority party in the Lok Sabha can become the Prime Minister. b Lok Sabha can remove the Prime Minister and the Council of Ministers even before the expiry of their term. c Since the Prime Minister is appointed by the President there is no need for it. d Direct election of the Prime Minister will involve lot of expenditure on election. 8 Three friends went to watch a film that showed the hero becoming Chief Minister for a day and making big changes in the state. Imran said this is what the country needs. Rizwan said this kind of a personal 94 D EMOCRATIC POLITICS 2015-16(19/01/2015) For more FREE DOWNLOADS, visit www.aspirationsinstitute.com exercises rule without institutions is dangerous. Shankar said all this is a fantasy. No minister can do anything in one day. What would be your reaction to such a film? 9 A teacher was making preparations for a mock parliament. She called two students to act as leaders of two political parties. She gave them an option: Each one could choose to have a majority either in the mock Lok Sabha or in the mock Rajya Sabha. If this choice was given to you, which one would you choose and why? 10 After reading the example of the reservation order, three students had different reactions about the role of the judiciary. Which view, according to you, is a correct reading of the role of judiciary? a Srinivas argues that since the Supreme Court agreed with the government, it is not independent. b Anjaiah says that judiciary is independent because it could have given a verdict against the government order. The Supreme Court did direct the government to modify it. c Vijaya thinks that the judiciary is neither independent nor conformist, but acts as a mediator between opposing parties. The court struck a good balance between those who supported and those who opposed the order. Collect newspapers for the last one week and classify the news related to the working of any of the institutions discussed in this chapter into four groups: < Working of the legislatures < Working of the political executive < Working of the civil services < Working of the judiciary WORKING OF INSTITUTIONS 95 Source: NCERT 2015-16(19/01/2015)