Working of Institutions Class 9th PDF

Class 9th Civics CHAPTER-4 WORKING OF INSTITUTIONS Three institutions that play a key role in major decisions. These institutions are legi...

Class 9th Civics CHAPTER-4 WORKING OF INSTITUTIONS Three institutions that play a key role in major decisions. These institutions are legislature, executive and judiciary. Process of Taking a Major Policy Decision A major policy decision is taken through a government order. A Government Order A government order is a written direction on an issue signed by a government authority (office). The Decision Makers President - He is the head of the state and is the highest formal authority in the country. Prime Minister - He is the head of the government and actually exercises all governmental powers. Parliament - It consists of the President and two houses—Lok Sabha and Rajya Sabha. The Lok Sabha or the Lower House is composed of the elected representatives of the people. The Rajya Sabha or Upper House represents the interests of the States and Union Territories. All the major decisions are taken by the council of ministers in the cabinet meetings headed by the Prime Minister. How to Oppose Government Decisions If some people or associations are not satisfied by government orders and there is a dispute regarding government orders, then they can file the cases in the Supreme Court or in High Court. Parliament Parliament is a set of people elected regularly by the country's people, directly (through direct elections) or Indirectly (through indirect elections). Need of Parliament Parliament is the final authority for making new laws and changing existing laws in our country. In India, the control of Parliament over the government is direct and full. Parliament controls all the money that the government has. Parliament is the highest forum of discussion and debate on public issues and national policy. Two Houses of Parliament ▪ Lok Sabha (House of the People) or Lower House - It is usually directly elected by the people and exercises real power on behalf of the people. ▪ Rajya Sabha (Council of States) or Upper House - It is indirectly elected and performs special functions such as the interest of various states, regions or federal units ▪ The President of India is a part of the parliament, although he/she is not a member of either house. Special Powers of Lok Sabha Over Rajya Sabha ▪ Our Constitution gives some special powers to Rajya Sabha but on most of the matters, the Lok Sabha exercises supreme power. ▪ Any ordinary law needs to be passed by both houses. But if there is a difference between the two houses, the final decision is taken in a joint session, where the view of Lok Sabha is likely to prevail because of its larger number of members. ▪ Lok Sabha exercises more powers in money matters. Once the Lok- Sabha passes the budget of the government or any other money-related law or Money Bill, Rajya Sabha cannot reject it. ▪ The Rajya Sabha can only delay it by 14 days or suggest changes to it. But, Lok Sabha may or may not accept these changes. ▪ Most importantly, Lok Sabha controls the Council of Ministers. Only a person who enjoys the support of the majority of members in Lok Sabha is appointed as Prime Minister. If the majority of Lok Sabha members say that they have ‘no confidence’ in the Council of Ministers, all ministers including Prime Minister have to quit. But, Rajya Sabha does not have this power. Executive The functionaries (the people and organisation) who take day-to-day decisions but do not exercise supreme power on behalf of the people are known as executives. Political and Permanent Executive ▪ In a democratic country, two categories make up the executive. They are the Political executive and Permanent executive. ▪ Political Executive - They are elected by the people for a specific period. They take major decisions. Political leaders fall into this category. ▪ Permanent Executive - They are appointed on a long-term basis. They are also known as civil servants. They remain in office even when the ruling party changes. They work under the political executive and assist them in carrying out daily administration. Powers of Permanent and Political Executive ▪ The political executive has more power than the permanent executive. ▪ The political executive exercises the will of the people on their behalf. They are answerable to the people for all consequences of their decisions. ▪ Permanent executives are more educated and have expertise in the subject of ministry. ▪ Political executives take the advice of the permanent executive and then decide the overall framework and objectives of the policy to be implemented. Prime Minister ▪ The Prime Minister is the head of the government and actually exercises all the government powers. He is the most important political institution in the country. ▪ There is no direct election to the post of the Prime Minister. The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha as a Prime Minister. ▪ The Prime Minister does not have a fixed tenure Powers of the Prime Minister ▪ On the advice of the Prime Minister, the President appoints other ministers. ▪ He chairs and takes most of the decisions in the Cabinet meetings. ▪ He coordinates the work of different departments and his decisions are final in case disagreements arise between departments. ▪ He exercises general supervision of different ministries and all ministers work under his leadership. ▪ He also has the power to dismiss ministers. When Prime Minister quits, the entire ministry quits. Council of Ministers ▪ It is the official name for the body that includes all the ministers. It usually has 60 to 80 ministers of different ranks. ▪ Cabinet Ministers are usually top-level leaders of the ruling party or parties who are in charge of the major ministries. The cabinet is the inner ring of the Council of Ministers. It comprises about 20 ministers. ▪ Ministers of State with independent charge are usually in charge of smaller ministries. They participate in Cabinet meetings only when specially invited. ▪ Ministers of State are attached to and required to assist Cabinet Ministers. Appointment of Council of Ministers ▪ The President appoints the Council of Ministers on the advice of the Prime Minister. They are usually from the party or coalition that has the majority in Lok Sabha. ▪ 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 6 months of his appointment. ▪ The Cabinet as a team is assisted by the Cabinet Secretariat. This includes many senior civil servants who try to coordinate the work of different ministries. The President ▪ The President is the head of the state. In our political system, the head of the state exercises only nominal powers. ▪ 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. Appointment of the President ▪ The President of India is elected indirectly, by an electoral college, in accordance with the system of proportional representation by means of the single transferable vote. ▪ The elected Members of both Houses of Parliament (MPs). ▪ The elected Members of the Legislative Assemblies of the States (MLAs), ▪ The elected Members of the Legislative Assemblies (MLAs) of Union Territories of Delhi and Puducherry. The Presidential System ▪ Presidents all over the world are not always nominal executives like the President of India. ▪ The US President is directly elected by the people. He personally chooses and appoints all ministers. ▪ The law-making is still done by the Legislature (called the Congress in the US), but the President can veto any law. ▪ President does not need the support of the majority of members in Congress and neither he is answerable to them. Powers of the President ▪ All governmental activities like law & policy implementation take place in the name of the President. ▪ All major appointments are made in the name of the President. These include the appointment of the 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, Bureaucrats, etc. ▪ All international treaties and agreements are made in the name of the President. ▪ The President is the supreme commander of the defence forces of India. ▪ The President has emergency powers i.e., powers to deal with an unexpected and critical situation, e.g., power to declare an emergency or President’s rule and issue an ordinance. ▪ President appoints Prime Minister. The leader of the party or coalition of parties who secures a clear majority in the Lok Sabha elections is appointed as Prime Minister. ▪ When no party or coalition gets a majority in the Lok Sabha, the President exercises her discretion and appoints a leader who in her opinion can attain majority support in the Lok Sabha. Limitation on the Power of the President ▪ He can exercise all these powers only on the advice of the Council of Ministers. ▪ A bill passed by the Parliament becomes a law only after the President gives assent to it but he cannot reject it. The Judiciary ▪ Judiciary refers to an institution empowered to administer justice and provide a mechanism for the resolution of legal disputes. ▪ The Indian judiciary consists of a Supreme Court for the entire nation, High Courts and Subordinate Courts in the states, District Courts and the courts at the local level and Lok Adalat. ▪ Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country. ▪ The judges do not act in the direction of the government. All modem democracies including India have courts that are independent of the legislature and the executive. Appointment & Removal of Judge of Supreme Court and High Court ▪ The judges of the Supreme Court and the 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. ▪ There is very little scope for interference by the political executive. The senior judge of the Supreme Court is usually appointed as the Chief Justice. ▪ Once a person is appointed as judge of the Supreme Court or the High Court, it is nearly impossible to remove him or her from that position. It is as difficult as removing the President of India. ▪ A judge can be removed only by an impeachment motion passed separately by two-thirds of members of the two houses of the Parliament. Role of the Supreme Court and the High Courts ▪ The Supreme Court and the High Courts have the power to interpret the constitution of the country. ▪ They can declare invalid any law of the legislature or the actions of the executive, whether at the union level or state level if they find such law or action is against the Constitution. ▪ They can determine the constitutional validity of any legislation or action of the executive in the country when it is challenged before them. This is known as the judicial review. ▪ The Supreme Court of India also ruled that the core or basic principles of the. The constitution cannot be changed by Parliament. ▪ The powers and the independence of the Indian judiciary allow it to act as the guardian of Fundamental Rights. ▪ Anyone can approach the courts if the public interest is hurt by the actions of the government. This is called Public Interest Litigation (PIL). ▪ They check malpractices on the part of public officials. That is why, the judiciary enjoys a high level of confidence among the people.