Working of Institutions Notes

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Chapter – 5 Working oOf Institutions

Q.1) What are political institutions?

Some people have to take decisions on how to go about governmental activities.


Others have to implement these decisions. If disputes arise on these decisions or in
their implementation, there should be someone to determine what is right and what
is wrong. To attend to all these tasks, several arrangements are made in all modern
democracies. Such arrangements are called institutions.

Q.2) Mention some of the political institutions in India. What is their main role?

1. The Prime Minister and the Cabinet are institutions that take all important policy
decisions.
2. The Civil Servants, working together, are responsible for taking steps to
implement the ministers’ decisions.
3. Supreme Court is an institution where disputes between citizens and the
government are finally settled.

Q.3) What is parliament?

It is the law making body of a government. In all democracies, an assembly of elected


representatives exercises supreme political authority on behalf of the people. In India
such a national assembly of elected representatives is called Parliament. It is the body
that makes law for the country. At the state level this is called Legislature or

Q.4) What are the various ways by which parliament exercises authority?

1. Parliament is the final authority for making laws in any country. This task of law
making or legislation is so crucial that these assemblies are called legislatures.
Parliaments 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 the
Parliament.
3. Parliaments control all the money that governments have. In most countries the public
money can be spent only when the Parliament sanctions it.
4. Parliament is the highest forum of discussion and debate on public issues and national
policy in any country. Parliament can seek information about any matter.

Q.5) Give examples to prove that, Lok Sabha exercises supreme power.

1. Any ordinary law needs to be passed by both the Houses of Parliament. But if
there is a difference between the two Houses, the final decision is taken in a joint
session in which members of both the Houses sit together. Because of the larger
number of members, the view of the Lok Sabha is likely to prevail in such a
meeting.
2. Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes
the budget of the government or any other money related law, the Rajya Sabha

cannot reject it. The Rajya Sabha can only delay it by 14 days or suggest changes
in it. The Lok Sabha may or may not accept these changes.
3. Most importantly, the Lok Sabha controls the Council of Ministers. Only a person
who enjoys the support of the majority of the members in the Lok Sabha is
appointed the Prime Minister.
4. If the majority of the Lok Sabha members say they have ‘no confidence’ in the
Council of Ministers, all ministers including the Prime Minister, have to quit, the
Rajya Sabha does not have this power.

Q.6) Differentiate between political and permanent executive in a democracy OR


What are the 2 categories of executives in a democracy?

1. The first category is the elected representatives, elected for a specific period. They
are called the political executive. Political leaders, who take the big decisions fall
in this category.
2. In the second category, people are appointed on a long-term basis. This is called
the permanent executive or civil services. People working in civil services are
called civil servants. They remain in office even when the ruling party changes.
These officers work under political executive and assist them in carrying out the
day-to-day administration.

Q.7) The political executive have more power than the non-political Executive. Why?
OR Why is the minister more powerful than the civil servant?

In a democracy the will of the people is supreme. The minister is elected by the
people and thus empowered to exercise the will of the people on their behalf. She is
finally answerable to the people for all the consequences of her decision. That is
why the minister takes all the final decisions.

Q.8) How is the Prime Minister appointed? What is the term of his office?

1. The President appoints the Prime Minister. But the President cannot appoint
anyone she likes.
2. The President appoints the leader of the majority party or the coalition of parties
that commands a majority in the Lok Sabha, as Prime Minister. In case no single
party or alliance gets a majority, the President appoints the person most likely to
secure a majority support. The Prime Minister does not have a fixed tenure. He
continues in power so long as he remains the leader of the majority party or
coalition

Q.9) How is the council of ministers appointed?


1. After the appointment of the Prime Minister, the President appoints other
ministers on the advice of the Prime Minister. The Ministers are usually from the
party or the coalition that has the majority in the Lok Sabha.
2. The Prime Minister is free to choose ministers, as long as they are members of
Parliament. 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 the
Parliament within six months of appointment as minister

Q.10) What are the functions and powers of the Prime Minister?

Ans. Prime Minister has wide-ranging powers.

1. He chairs Cabinet meetings. He coordinates the work of different Departments.


2. His decisions are final in case of any dispute arises between Departments.
3. He exercises general supervision of different ministries. All ministers work under
his leadership.
4. The Prime Minister distributes and redistributes work to the ministers. He also has
the power to dismiss ministers. When the Prime Minister quits, the entire ministry
quits.
5. The Prime Minister controls the Cabinet and Parliament through the party.

Q.11) What makes the president in India a nominal executive?

1. 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.
2. All the major decisions are taken by the council ministers headed by the
Prime minister- the role of the president is only to accept it or sign it.

Q.12) How is the president of India elected?

1. The President is not elected directly by the people. All the Members of Parliament
(MPs) and Members state Legislative Assemblies (MLAs) elect her.
2. A candidate standing for President’s post has to get a majority of votes to win the
election. This ensures that the President can be seen to represent the entire nation.
3. The President can never claim the kind of direct popular mandate that the Prime
Minister can. This ensures that she remains only a nominal executive.

Q.13) State the powers and functions of the president of India

1. All governmental activities take place in the name of the President. All laws and
major policy decisions of the government are issued in her name.
2. Executive power: 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, ambassadors to other countries, etc. All international
treaties and agreements are made in the name of the President. The President is
the supreme commander of the defense forces of India.
3. Legislative power: A bill passed by the Parliament becomes a law only after the
President gives assent to it. If the President wants, she can delay this for some
time and send the bill back to the Parliament for reconsideration. But if the
Parliament passes the bill again, she has to sign it.
4. Discretionary power: When a party or coalition of parties secures a clear majority
in the elections, the President, has to appoint the leader of the majority party or
the coalition that enjoys majority support in the Lok Sabha. When no party or
coalition gets a majority in the Lok Sabha, the President exercises her discretion.
The President appoints a Prime Minister who in her opinion can muster majority
support in the Lok Sabha. In such a case, the President can ask the newly
appointed Prime Minister to prove majority support in the Lok Sabha within a
specified time.

Q.14) Why do we consider an independent and powerful judiciary necessary for


democracies?
We consider an independent and powerful judiciary necessary for democracies because
of the following reasons:-

1. Settling disputes at national level.


2. To judge the actions of the government.
3. To give fair judgment that everyone will trust
4. To accept appeal of people.

Q.15) What is judiciary? What does it consist of?

1. All the courts at different levels in a country put together are called the judiciary.
2. The Indian judiciary consists of a Supreme Court for the entire nation, High
Courts in the states, District Courts and the courts at local level.

Q.16) What are the functions of the Supreme Court?

1. It can take up any dispute between citizens of the country


2. It can take up any dispute between citizens and government;
3. It can take up any dispute between two or more state governments; and
4. It can take up any dispute between governments at the union and state level
5. It 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.
6. 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 at the state level, if they
find such a law or action is against the Constitution.

Q.17) What do you understand by independence of judiciary?

Independence of the judiciary means that judiciary 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.

Q.18) What are the various provisions to make Indian judiciary independent and
impartial?

1. 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. But once appointed they are free to pass judgment
2. In practice it now means that the senior judges of the Supreme Court select the
new judges of the Supreme Court and the High Courts. There is very little scope
for interference by the political executive.
3. The senior most judge of the Supreme Court is usually appointed 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.
4. A judge can be removed only by an impeachment motion passed separately by
two-thirds members of the two Houses of the Parliament. It has never happened in
the history of Indian democracy.
Q.19) What is judicial review?

1. 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 at the state level, if they
find such a law or action is against the Constitution.
2. 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

Q.20) How does judiciary act as a guardian of fundamental rights?

1. The citizens have a right to approach the courts to seek remedy in case of any
violation of their rights.
2. In recent years the Courts have given several judgments and directives to protect
public interest and human rights.

Q.21) What is public interest litigation?

Any one can approach the courts if public interest is hurt by the actions of government.
This is called public interest litigation.
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