CHAPTER 4

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.

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4.1 HOW IS A MAJOR POLICY DECISION TAKEN?
A Government 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 57

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 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
The D
Dee cision M ak
Mak ers
akers 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
< Parliament consists of the Janata Dal did form the government clearly! That is why
President and two Houses, Lok after this election. Its leader V. P. they talk of
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:

58 DEMOCRATIC POLITICS

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 < 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 13 August 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 59

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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 8 September 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
Nee
eedd ffor
or PPolitical
olitical Institutions of each institution. In the example
We have seen one example of how above, we saw several such
the government works. Governing a institutions at work.
country involves various such < The Prime Minister and the
activities. For example, the Cabinet are institutions that take
government is responsible for all important policy decisions.
ensuring security to the citizens and < The Civil Servants, working
providing facilities for education together, are responsible for
and health to all. It collects taxes taking steps to implement the
and spends the money thus raised ministers’ decisions.
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 someone 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 tasks, to have one person take all decisions are at work in the
several arrangements are made in without any rules, procedures and running of your
all modern democracies. Such meetings. But that is not the spirit school? Would it
arrangements are called institutions. of democracy. Some of the delays be better if one
A democracy works well when these and complications introduced by person alone took
institutions perform functions institutions are very useful. They all the decisions
assigned to them. The Constitution provide an opportunity for a wider regarding
of any country lays down basic set of people to be consulted in any management of
rules on the powers and functions decision. Institutions make it your school?

60 DEMOCRATIC POLITICS

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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.

4.2 PARLIAMENT
In the example of the Office class and try to imagine what
Memorandum, do you remember Parliament could have done if it did
the role of Parliament? Perhaps not. not approve of the Cabinet’s
Since this decision was not taken decision.
by Parliament, you might think that
Parliament had no role in it. But let W h y do w
wee nee
needd a
us go back to the story and see Par liamen
arliamen t?
liament?
whether Parliament figures in it. Let In all democracies, an assembly of
us recall the points made earlier by elected representatives exercises
completing the following sentences: supreme political authority on
< The Report of the Mandal behalf of the people. In India such a
Commission was discussed … national assembly of elected
< The President of India mentioned representatives is called Parliament.
this in his … At the state level this is called
< The Prime Minister made a … Legislature or Legislative Assembly.
The decision was not directly taken The name may vary in different
in Parliament. But Parliamentary countries, but such an assembly
discussions on the Report influenced exists in every democracy. It
and shaped the decision of the exercises political authority on
government. They brought pressure behalf of the people in many ways:
on the government to act on the
Mandal recommendation. If 1 Parliament is the final authority for
Parliament was not in favour of this making laws in any country. This
decision, the Government could not task of law making or legislation
have gone ahead with it. Can you is so crucial that these assemblies
guess why? Recall what you read are called legislatures. Parliaments
about Parliament in the earlier all over the world can make new
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 Parliament.
3 Parliaments control all the money
that governments have. In most
Irfan Khan

countries the public money can

be spent only when Parliament
sanctions it.

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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 ouses of PPar
Houses ar liamen
liamentt
arliamen mean that Rajya Sabha is more What is the point in
Since 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 Parliament in two parts. Constitution. Parliament when
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, 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
the Lok Sabha is likely to prevail
States (Rajya Sabha) and the House
of the People (Lok Sabha). The in such a meeting.
President of India is a part of 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 3 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 Parliament is in session, there is a special
< What is the total number of programme everyday on Doordarshan about the
members? … proceedings in Lok Sabha and Rajya Sabha. Watch
< Who elects the members? … the proceedings or read about it in the newspapers
< What is the length of the term (in 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.

62 DEMOCRATIC POLITICS

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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 a
also enact this day in your classroom. 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 63

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4.3 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 than the non-political executive?
decision. He was only executing the Why is the minister more powerful
policy decision taken by someone than the civil servant? The civil
else. We noted the role of the Prime servant is usually more educated
Minister in taking that decision. But and has more expert knowledge of
we also know that he could not the subject. The advisors working in
have taken that decision if he did the Finance Ministry know more
not have support from the Lok Sabha. about economics than the Finance
In that sense he was only executing Minister. Sometimes the ministers
the 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, Mines, 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 an elected
about ‘the government’ we usually representative of the people and
mean the executive. thus empowered to exercise the will
of the people on their behalf. She is
Political and PPer
er manen
manentt
ermanen finally answerable to the people for
E x e c utiv
utivee all the consequences of her
In a democratic country, two decision. That is why the minister
categories make up the executive. takes all the final decisions. The
One that is elected by the people for minister decides the overall
a specific period, is called the framework and objectives in which
political executive. Political leaders decisions on policy should be
who take the big decisions fall in this made. The minister is not, and is not
category. In the second category, expected to be, an expert in the
people are appointed on a long-term matters of her ministry. The
basis. This is called the permanent minister takes the advice of experts
executive or civil services. Persons on all technical matters. But very
working in civil services are called often experts hold different opinions
civil servants. They remain in office or place before her more than one
even when the ruling party changes. option. Depending on what the
These officers work under political overall objective is, the minister
executive and assist them in decides.
carrying out the day-to-day Actually this happens in any large
administration. Can you recall the organisation. Those who understand
role of political and non-political the overall picture take the most

64 DEMOCRATIC POLITICS

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 important decisions, not the After the appointment of the Prime
experts. The experts can tell the Minister, the President appoints
route, but someone with a larger other ministers on the advice of the
view decides the destination. In a Prime Minister. The Ministers are
democracy elected ministers
usually from the party or the
perform this role.
coalition that has the majority in the
P r ime M inist er and CCouncil
ouncil Lok Sabha. The Prime Minister is
Minist
inister free to choose ministers, as long as
of M inist
Minist ers
inisters
Prime Minister is the most they are members of Parliament.
read important political institution in the Sometimes, a person who is not a
member of Parliament can also
the country. Yet there is no direct
election to the post of the Prime become a minister. But such a
cartoon Minister. The President appoints the person has to get elected to one of
Prime Minister. But the President the Houses of Parliament within six
cannot appoint anyone she likes. months of appointment as minister.
The race to become The President appoints the leader
Council of Ministers is the official
minister is not new. of the majority party or the coalition
of parties that commands a majority name for the body that includes all
Here is a cartoon
in the Lok Sabha, as Prime Minister. the Ministers. It usually has 60 to
depicting ministerial
In case no single party or alliance 80 Ministers of different ranks.
aspirants waiting to
gets a majority, the President < Cabinet Ministers are usually top-
get a berth in Nehru’s appoints the person most likely to level leaders of the ruling party or
Cabinet after the secure a majority support. The parties who are in charge of the
1962 elections. Why Prime Minister does not have a fixed major ministries. Usually the
do you think political tenure. He continues in power so
Cabinet Ministers meet to take
leaders are so keen to long as he remains the leader of the
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 25
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 65

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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 Zilla 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
come to play a major role in politics, This cartoon depicts
a cabinet meeting
Po wers of the the Prime Minister controls the
chaired by Prime
P r ime M inist
Minist er
inister Cabinet and Parliament through the
Minister Indira Gandhi
The Constitution does not say very party. The media also contributes to
this trend by making politics and in early 1970s, at the
much about the powers of the Prime
elections as a competition between peak of her popularity.
Minister or the ministers or their
top leaders of parties. In India too Do you think similar
relationship with each other. But as
we have seen such a tendency cartoons could be
head of the government, the Prime
towards the concentration of powers drawn about other
Minister has wide ranging powers.
in the hands of the Prime Minister. prime ministers who
He chairs Cabinet meetings. He
Jawaharlal Nehru, the first Prime followed her?
coordinates the work of different
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

66 DEMOCRATIC POLITICS

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 Minister of a coalition government The President is not elected directly
cannot take decisions as he likes. by the people. The elected Members
He has to accommodate different of Parliament (MPs) and the elected
groups and factions in his party as Members of the Legislative
Why does this well as among alliance partners. He Assemblies (MLAs) elect her. A
book refer to the also has to heed to the views and candidate standing for President’s
President as ‘she’? positions of the coalition partners post has to get a majority of votes to
Have we ever had win the election. This ensures that
and other parties, on whose support
a woman President the President can be seen to represent
in our country? the survival of the government
depends. the entire nation. At the same time
the President can never claim the kind
of direct popular mandate that the
The President Prime Minister can. This ensures that
While the Prime Minister is the head she remains only a nominal executive.
of the government, the President is The same is true of the powers of
Did you protest the head of the State. In our political the President. If you casually read
when the book
system the head of the State exercises the Constitution you would think
referred to the
Prime Minister as only nominal powers. The President of that there is nothing that she cannot
‘he’? Have we not India is like the Queen of Britain whose do. All governmental activities take
had a woman functions are to a large extent place in the name of the President.
Prime Minister? ceremonial. The President supervises All laws and major policy decisions
Why should we the overall functioning of all the political of the government are issued in her
assume that all the institutions in the country so that they name. All major appointments are
important positions
operate in harmony to achieve the made in the name of the President.
are held by men?
objectives of the State. These include the appointment of
Press Information Bureau

The President,
Shri Ram Nath Kovind
administering the oath of
office of the Prime Minister
to Shri Narendra Modi, at a
Swearing-in Ceremony, at
Rashtrapati Bhavan on
30 May 2019.

WORKING OF INSTITUTIONS 67

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the Chief Justice of India, the When no party or coalition gets a
Judges of the Supreme Court and majority in the Lok Sabha, the
the High Courts of the states, the President exercises her discretion.
Governors of the states, the Election The President appoints a leader who
Commissioners, ambassadors to in her opinion can muster majority read
other countries, etc. All international
treaties and agreements are made in
support in the Lok Sabha. In such a
case, the President can ask the
the
the name of the President. The newly appointed Prime Minister to ima ge
image
President is the supreme prove majority support in the Lok
commander of the defence forces of Sabha within a specified time.
India.
But we should remember that the The Presidential System
President exercises all these powers
only on the advice of the Council of Presidents all over the world are not always nomi-
Ministers. The President can ask the nal executives like the President of India. In many
Council of Ministers to reconsider its countries of the world, the President is both the
advice. But if the same advice is head of the state and the head of the government.
given again, she is bound to act The President of the United States of America is
according to it. Similarly, a bill the most well known example of this kind of Presi-
passed by the Parliament becomes dent. The US President is directly elected by the
a law only after the President gives people. He personally chooses and appoints all
assent to it. If the President wants, Ministers. The law making is still done by the leg-
she can delay this for some time and islature (called the Congress in the US), but the
send the bill back to Parliament for president can veto any law. Most importantly, the
reconsideration. But if Parliament president does not need the support of the major-
passes the bill again, she has to ity of members in the Congress and neither is he
sign it. answerable to them. He has a fixed tenure of four
So you may wonder what does the years and completes it even if his party does not
President really do? Can she do have a majority in the Congress. What is better for a
anything on her own at all? There is democracy: A
This model is followed in most of the countries
one very important thing she should Prime Minister who
of Latin America and many of the ex-Soviet Union
do on her own: appoint the Prime can do whatever
countries. Given the centrality of the President,
Minister. When a party or coalition he wishes or a
this system of government is called the Presiden-
of parties secures a clear majority Prime Minister who
tial form of government. In countries like ours that
in the elections, the President, has needs to consult
follow the British model, the parliament is su-
to appoint the leader of the majority other leaders and
preme. Therefore our system is called the parlia-
party or the coalition that enjoys parties?
mentary system of government.
majority support in the Lok Sabha.

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 the
view of the Prime Minister always prevail? CHECK
Annakutti: I find it funny that the President is the Supreme Commander of Armed Forces. I doubt if the YOUR
President can even lift a heavy gun. What is the point in making the President the Com-
mander? PROGRESS
Marymol: I would say, what is the point in having a President at all if all the real powers are with the
Prime Minister?

68 DEMOCRATIC POLITICS

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 4.4 THE JUDICIARY
It is quite common in Let us return, one final time, to the
the US for judges to story of Office Memorandum that we
A C T I V I T Y
be nominated on the started with. This time let us not
basis of well-known recall the story, but imagine how Follow the news about any major court case in a
political opinions and different the story could have been. High Court or the Supreme Court. What was the
affiliations. This Remember, the story came to a original verdict? Did the High Court or the
fictitious satisfactory end because the Supreme Court change it? What was the reason?
advertisement Supreme Court gave a verdict that
appeared in the US in was accepted by everyone. Imagine This is why an independent and
2005 when President what would have happened in the powerful judiciary is considered
Bush was considering following situations: essential for democracies. All the
various candidates for < If there was nothing like a courts at different levels in a country
nomination to the US Supreme Court in the country. put together are called the judiciary.
supreme court. What < Even if there was a Supreme The Indian judiciary consists of a
does this cartoon say Court, if it had no power to judge Supreme Court for the entire nation,
about the actions of the government. High Courts in the states, District
independence of the < Even if it had the power, if no one Courts and the courts at local level.
judiciary? Why do trusted the Supreme Court to give India has an integrated judiciary. It
such cartoons not a fair verdict. means the Supreme Court controls
appear in our < Even if it gave a fair judgement, if the judicial administration in the
country? Does this those who appealed against the country. Its decisions are binding on
demonstrate the Government Order did not accept all other courts of the country. It can
independence of our the judgement. take up any dispute
judiciary? < 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
means that it is not under the
©M.E. Cohen, National, Cagle Cartoons Inc.

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
advice of the Prime Minister and in

WORKING OF INSTITUTIONS 69

2020-21
consultation with the Chief Justice Constitution. Thus they can
of the Supreme Court. In practice it determine the Constitutional
now means that the senior judges validity of any legislation or action
of the Supreme Court select the new of the executive in the country,
judges of the Supreme Court and the when it is challenged before them.
High Courts. There is very little scope This is known as the judicial review.
for interference by the political The Supreme Court of India has also
executive. The senior most judge of ruled that the core or basic Why are people
the Supreme Court is usually principles of the Constitution cannot allowed to go to
appointed the Chief Justice. Once be changed by the Parliament. courts against the
a person is appointed as judge of the The powers and the independence government’s
Supreme Court or the High Court it of the Indian judiciary allow it to act decisions?
is nearly impossible to remove him as the guardian of the Fundamental
or her from that position. It is as Rights. We shall see in the next
difficult as removing the President chapter that the citizens have a
of India. A judge can be removed right to approach the courts to seek
only by an impeachment motion remedy in case of any violation of
passed separately by two-thirds their rights. In recent years the
members of the two Houses of the Courts have given several
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: CHECK
Appointment of judges: …
Removal of judges: … YOUR
Powers of the judiciary: … PROGRESS

The Chief Justice of India, Shri Justice

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

70 DEMOCRATIC POLITICS

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 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 71

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 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 and Information Technology
be 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

72 DEMOCRATIC POLITICS

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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

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