WORKING INSTITUTIONS

Major
Topics
 Office Memorandum
 Mandal Commission
 Oppositions against the mandal Commisiion
 Political Institutions
1.Parliament- Two Houses of Parliament
2. Executive- Permanent and Political Executive
Prime Minister and Cabinet
Ministers Power- Prime minister/
President
3. Judiciary- Supreme Court and High Court
 Office Memorandum

A communication issued issued by an

appropriate authority stating the
policy or decision of the government.
The government issues hundred of orders
every day on different matters.
A Office memorandum was the
culmination of a long chain of events.
 Mandal
Commission
 The government of India had appointed the Second
Backward Classes Commission in 1979.
 It was headed by B.P. Mandal, so it is popularly called
the Mandal Commission.
 It was asked to determine the criteria to identify the
socially and educationally backward classes in India and
recommended steps to be taken for their advancement
 The commission gave its report in 1980 and made
many recommendations.
 One of these was 27% of government jobs be reserved
for the socially and economically backward classes.
 The benefit of job reservation extended from SC to ST to
a third category called SEBC introduced
 These reports and recommendations were discussed in
the parliament
 Many parties and parliamentarians kept demanding for the
implementation of the demands.
 1989 Lok Sabha election, the Janata Dal party promised
that if they will get a chance to form the government they
would implement the demands.
 Janata Dal formed the government and its leader V.P.Singh
became the prime minister and took different measures
for to implement the commission report.
 Finally, it was implemented official memorandum-
O.M.No.
36012/31/90 was born on April 13, 1990
 Reactions of the people
 It was most hotly debated issue in the country.
 Newspapers and Magazines were full of different views
and opinions related with this issue.
 It led protests, counter protests, some of became
violent
 It affected the thousands of job opportunities.
 Some felt that because of the inequality the reservation is
very important, through this those communities can
reach at the top of the society.
 Others felt that it would make inequality in opportunity.
 They would be denied jobs even though they could
be more qualified
 Some of them considered that it would make hamper in
the national unity
 Some persons and associations opposed this and filed the case
in the courts.
 The supreme court of India bunched all these case together.
 This case was known as “Indira Sawhney and others Vs Union of
India case.
 Eleven judges of Supreme Court heard the arguments of both
side
 By a majority the judges in 1992 declared that this order of
the government was valid and asked the government to
modify its original order.
 It said that well- to- do person from the backward class should
be excluded from getting reservation.
 The Department of Personal Training issued another Office
Memorandum on September 8, 1993.
What do you meant by Political Institutions

 In India the political institutions are arranging and

carrying all the tasks of the country. In modern
democracy these arrangements are known as
Institutions.
 Working with institutions are not easy, it has lot of
rules and regulations.
 This can bind the hands of the leaders.
 Institutions involve meetings, committees and
routines. This often leads to delay and
complications
 Some of the delays and complications are very
useful. They provide an opportunity for a wider set
 In India these are the three important
Political Institutions
 Parliament/ Legislative- The prime minister
and the cabinet ministers that take all important
policy decisions
Executive- The Civil Servants, working together, are
responsible for taking steps to implement the
minister's decision.
Judiciary- Supreme Court is an institution
where disputes between citizens and the
government
are finally settled.
 Parliament & Legislature

Parliament: In all democracies, an assembly of elected

representatives exercise supreme political authority
on behalf of people. In India such as such as
national assembly called Parliament.

Legislature: The body of elected representatives at the

state level is called Legislature or Legislative assembly.

The name may vary in different countries, but such

an assembly exists in every democracy
 What are the significance of Parliament in
democracy?
The parliament exercises political authority on behalf of
the people in many ways:
1. Parliament is the final authority for making law in any
country. It can also change existing laws or abolish
existing laws and make new ones in their place.
2. Parliament exercises control over those who run the
government. No decision can be taken without the
support of the parliament
3. Parliament also control the money matters.
4. Parliament is the highest forum of discussion and
debate on public issues and national policy in any
country. It can seek information about any matter.
 Different houses of Parliament

 Parliament plays a central role in democracies

 The large countries divide the role and powers of
the parliament in two parts.
 They are called Chambers or Houses
 One house is usually directly elected by the people
and exercises the real power.
 The second house , elected indirectly and perform some
special functions. They were looking the interest of
various states, regions and federal units.
 In India, the parliament consists of two houses- Rajya
Sabha (Council of States) and Lok Sabha (House of the
paople)
 The president of India is a part of the parliament,
although she is not a member of either houses
Discuss- parliament and its two houses

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. At the state level it is
called Legislature or Legislative Assembly
The parliament is the final authority for making laws in any
country. It can also change existing laws, or abolish existing
laws and make new ones in their place. The parliament
exercise control over those who run the government. No
decision can be taken without the support of the
parliament. Parliament also control money matters. It is
the highest forum of discussion and debate on public issues
and national policy in any country.
 The parliament is divided in to two

The Houses of People (Lok Sabha)

 It is directly elected by the people and exercises the
real power.
 The maximum strength of the house is 552 of 530
members are elected from the states and 20 members
from the Union Territories. Two members are nominated
by the president of India from the Anglo- Indian
community.
 The present membership of Lok Sabha is 545.
The Council of States (Rajya Sabha)
 Is usually elected indirectly and performs some
special functions
 The most common work for the second House is to
look after the interests of various states, regions or
federal units.
 It has not more than 250 members
 Twelve of Rajya Sabha members are nominated by the
president from persons who have earned distinction in
the field of literature, art, science service.
 Rajya Sabha is a permanent body.
 One third of the members retire every two years.
 At present 245 members in Rajya Sabha, distributed
among different states and union territories
 Distinguish between- Lok Sabha & Rajya
sabha
Lok Sabha Rajya Sabha
 Members of Lok Sabha are  Members of Rajya Sabha are
directly elected by the eligible elected by the elected members
voters of state legislative assembly
 The period of Lok Sabha is five  It is a permanent body, one third
years of its member retire every two
 The maximum strength 552 years
members  It has not more than 250
 Money bills can only be membres
introduced in the Lok Sabha. It  The Rajya Sabha does not
grants the money for running the exercise much power over money
administration of the country bills.
 More powerful than Rajya Sabha  Less powerful than the Lok Sabha
Distinguish between Political Executive and
Permanent Executive

The different levels of government, the functionaries takes

the day to day decision but do not exercise supreme
power on behalf of the people. These functionaries are
called executive, because they are in charge of the
execution of the policies of the government

In democratic country, executive that is elected by the

people for a specific period is called the Political
Executive
Eg: Political Leaders

People who are appointed on a long term basis are called the
Permanent Executive or Civil Sevants
 Political Executive Permanent executives
 Executives who are elected by  The permanent executives are
the people for a specific period salaried with civil servants
are called Political Executives. who are appointed on a long
 Example- Political leaders like term.
the Prime minister, Council  Persons working in civil
of Ministers services.
 They remain in office only so Example: IAS, IPS and IFS
long as they command the  They remain in office even
confidence of the majority when the ruling party changes.
members of the parliament Their tenure of the office is
 They are answerable to people fixed.
for all the consequences of their  They are not answerable to the
decisions people.
 They are more powerful.  They are less powerful. They
They take all the final do not take decisions. Instead
decision they assist political executives
in carrying out day- to- day
 Appointments made by the President of
India

1. He/She appoints the Chief Justice of India, the judges

of the Supreme Court and the High Courts of the
states.

2. He appoints the Prime Minister of India and

other ministers on the advice of the Prime
Minister. He appoints the Governors of the
States.

3. He appoints the Election Commissioners

and Ambassadors to other countries
 Powers of the Prime Minister

The prime minister is the most important political

institution in the country. The President appoints the
Prime Minister.
The prime minister does not have a fixed tenure. He
continues in power so long as remains the leader of
the majority party or coalition
1. He chairs Cabinet meetings
2. He coordinate the work of different department
3. His decision are final in case disagreements arise
between departments.
4. He exercises general supervision of different ministries
5. All ministers work under his leadership
6.The prime minister distributes and redistributes work to
the ministers.
7. He has the power to dismiss ministers.
8.When the Prime Minister quits, the entire ministry quits.
Thus, if the cabinet is the most powerful institution in
India, within the cabinet it is the Prime Minister who is
the most powerful
 Coalition Government imposed certain constrains on
the power of the Prime Minister

1. The prime Minister of the Coalition government

cannot take decision as he likes.

2. He has to accommodate different groups and factions

in his party as well as among alliance partners.

3. He also has to heed to the views and positions of the

coalitions partners and other parties, on whose
support the survival of the government depends.
 Powers of the President of India

1. The President of India is the head of the State.

2. He exercises only nominal powers. He is like the
queen of Britain whose functions are to a large
extent ceremonial.
3. The President supervises the overall functioning of
all the political institutions.
4. All government activities take place in the name of
the President
5. All laws and major policy decision of the
government are issued in his/her name
6.All major appointments are made in the name of the
President. These includes the appointment of the Chief
Justice of India, the Judges of the Supreme Court and
the High Courts, the Governors of the States, the
Election Commissioners, ambassadors to other
countries etc..
7. All international treaties and agreements are made in
the name of the president.
8.The President is the Supreme Commander of the defence
force of India
 Limitation of the Power of President
1. The President is the head of the State and not the head
of the government. Therefore, he exercises only
nominal powers and that too on the advice of the
council of ministers.
2. The President can ask the Council of Ministers to
reconsider its advice. But if the same advice is given
again, he/she is bound to act according to it.
3. A bill passed by the Parliament becomes a law only after
the President gives assent to it. If the President wants,
he/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, he/ she to sign it
 Meaning of Judiciary

 All the courts at different levels in the Country

are collectively called the Judiciary.
 It is independent and powerful institution and is
considered essential for democracies.
 The Indian Judiciary consists of a Supreme Court for
the entire nation, High Court in the States, District
Courts and the Courts at local level
 The judiciary in India is also one of the most powerful
in the World.
 Powers of Judiciary
The Judiciary in India is one of the most powerful judiciary
in the World. India has an integrated Judiciary. It means
the Supreme Court controls the judicial administration in
the country
1. Settle the Disputes
 Between the Citizens
 Between citizen and government
 Between two or more state
 Between government at the union and state level
2. Free form legislature and Judiciary
 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 the modern democracies have courts that
are independent of the legislature and the executive
3. Interpret the Constitution of the Country
The Supreme court and the High court have the power
to interpret the Constitution of the country
4. Judicial Review
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. Thus 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 Judicial review. If the court finds
that a law or an order of the executive disobeys the
provisions of the constitution, it declares such law or order
5. Guardian of Fundamental Rights
The powers and the independence of the Indian judiciary
allow it to act as the guardian of the Fundamental rights.
That is why, the judiciary enjoys a high level of
confidence among the people.
6. Public Interest Litigation
Any one can approach the courts if public interest is hurt
by the actions of the government.
7. Prevent the misuse of government power
The courts intervene to prevent the misuse of the
government’s power to make decisions. They check
malpractices on the part of the public officials. That’s
why the judiciary enjoys a high level of confidence
among the people.
 Appointment & Removal
Judges
 The judges of the S C and H C are appointed by the
President on the advice of the Prime Minister and in
consultation with the Chief Justice of the Supreme
Court.
 The Senior most judge of the Supreme Court is
usually appointed the Chief Justice
 Once a person is appointed as judge of the S C or H C it
is nearly impossible to remove him or her from that
position
 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
 Class-Assignment-1
Q Name the three organs of the Government.
Answer:
 Executive
 Legislative
 Judiciary
Q Who is the head of the state and the head of the government?
Answer:
The President is the head of the state whereas Prime Minister is the head of the
government.
Q What is a Parliament? Name the two houses of the Parliament.
Answer:
It is the supreme law making body of India. It has two Houses :
 Lok Sabha
 Rajya Sabha.
Q ame the institution where disputes between citizens and the government are
finally settled.
Answer:
The Supreme Court.
 Class-Assignment-2
Q Which House has more power regarding the money bill? Give reason.
Answer:
The Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes the
budget of 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.
Q Who appoints the Prime Minister?
Answer:
The Prime Minister is appointed by the President.
Q What is the tenure of the Prime Minister?
Answer:
The Prime Minister does not have a fixed tenure. Normally a Prime Minister is elected for 5
years, but remains in power till he enjoys the majority support.
Q Which is the highest court of India?
Answer:
The Supreme Court.
Q Why democratic governments insist on institutions? Give two reasons.
Answer:
 Institutions involve rules and regulations.
 Institutions bind the hands of the rulers as these involve meetings, committees and
routines.
 Class-Assignment-3
Q The Constitution of India has made necessary provisions for ensuring
independence of judiciary.” Justify your answer by giving two reasons.
Answer:
 The judges are appointed by the executive on the basis of the prescribed
qualifications, and according to a well established procedure.
 The Judges cannot be removed at the whims of the executive.
Q Who appoints the Chief Justice of India and the other judges?
Answer:
The President of India appoints the Chief Justice of India. The President
consults other Judges of the Supreme Court and the High Courts while
making appointments of other judges.
Q State any two powers of the Supreme Court of India.
Answer:
 The Supreme Court acts as the guardian of fundamental rights.
 It acts as a guardian of the Constitution.
 Class-Assignment-4
Q Why is there a need for political institutions?
Answer:
 To take decisions : Countries need political institutions to take decisions
regarding the welfare of the people. Institutions formulate various policies
and programmes.
 Implementation : The decisions which have been taken are to be
implemented. So countries need institutions to implement the decisions.
 To solve the disputes : Institutions are also needed to solve the disputes
between various institutions.
 To take right decisions : Institutions help the governments to take the
right decisions.
 Q Distinguish between political executive and permanent executive.
Answer:
 Class-Assignment-5
Q Why do the political executives have more power than the permanent executives?
Answer:
 In a democracy, the will of the people is supreme, and the political executive is elected by the people.
 All the political executives are answerable to the people. The people can change them if they don’t
work according to the wishes of the people.
 The non-political executives are the experts in their field but political executives have to see the
welfare of all.
Q Explain the major powers and functions of the Prime Minister.
Answer:
 Link : The Prime Minister is the link between the Cabinet and the President. The decisions of the
Cabinet are conveyed to the President through the Prime Minister. It is he who keeps him informed
on all matters of government.
 Formation of the Cabinet: The Prime Minister prepares the list of his Council of Ministers and
sends it to the President. He can reshuffle hi? Council of Ministers whenever he likes. He can also
ask any minister to resign if he is not satisfied with his working.
 Leader of the Lok Sabha : The Prime Minister presides over the meetings of the Cabinet. He
maintains co-ordination between different departments of the government.
 Foreign Affairs : The Prime Minister plays an important role in the management of foreign affairs.
He formulates the internal and external policies of the country.
 Leader of the Party: The Prime Minister has the main say in framing the policy of his party.
 Leader of the Nation: The Prime Minister is the most important leader of the nation. People always
eagerly hear his views. His views related to any internal or external policy are heard more carefully.