Chapter 4: Working of Institutions:
Introduction:
In a democracy, the functioning of government institutions is crucial for decision-making and maintaining order. This chapter examines the legislature, executive, and judiciary—the three pillars of Indian democracy. It explores how these institutions work together to implement policies, resolve disputes, and uphold democratic values, using examples to show their roles and interactions.
1. How is a Major Policy Decision Taken?
Government Orders: On August 13, 1990, the Government of India issued an Office Memorandum reserving 27% of government jobs for the Socially and Educationally Backward Classes (SEBC).
Decision-Makers: Important decisions are typically not made by a single individual but involve multiple government levels, including the Prime Minister, the Cabinet, and other high-ranking officials.
Role of Institutions: The decision involved various institutions, including the President, Prime Minister, and Parliament, showcasing the collaborative nature of policymaking.
2. The Need for Political Institutions
Role of Government: Ensures security, administers development programs, and upholds laws.
Importance of Institutions: In a democracy, structured institutions are essential to divide responsibilities, uphold checks and balances, and maintain stability.
Examples: The Prime Minister and Cabinet handle policy decisions, civil servants execute these decisions, and the judiciary settles disputes.
3. Parliament: The Legislature
Role of Parliament:
Law-Making: Parliament has the supreme authority to make, amend, and repeal laws.
Control Over Government: Ensures accountability by requiring the government to have majority support in the Lok Sabha.
Financial Power: Controls public money and must approve the budget.
Two Houses:
Lok Sabha (House of the People): Elected directly by the public and holds more power.
Rajya Sabha (Council of States): Represents the states, can delay but not reject financial bills.
4. The Executive: Political and Permanent
Political Executive: Includes elected leaders, such as the Prime Minister and Cabinet Ministers, responsible for setting policies.
Permanent Executive (Civil Servants): Appointed officials who assist in policy execution and administration; remain in office regardless of government changes.
Prime Minister’s Role:
Decision-Making: Chairs Cabinet meetings, supervises ministries, and holds the ultimate authority.
Cabinet Structure: Consists of Cabinet Ministers, Ministers of State, and other officials with specific responsibilities.
5. The President of India
Nominal Head: Represents the nation and acts on the advice of the Prime Minister and Council of Ministers.
Powers and Functions:
Can send bills back to Parliament for reconsideration but must approve them if passed again.
In coalition scenarios, the President has discretion in appointing the Prime Minister.
Comparison with Presidential System: In countries like the USA, the President holds both head of state and government roles, unlike India’s parliamentary system.
6. The Judiciary: Ensuring Justice
Role of the Judiciary:
Independent and Powerful: Functions without legislative or executive interference to ensure fair trials and uphold laws.
Levels of Courts: Includes the Supreme Court, High Courts, and District Courts, forming an integrated judicial system.
Judicial Review: The power to declare any law or executive action invalid if it violates the Constitution.
Public Interest Litigation (PIL): Allows any citizen to file cases in the interest of public welfare, making the judiciary accessible to all citizens.
Conclusion:
The efficient functioning of government institutions is essential to uphold democracy. Each institution—Parliament, Executive, and Judiciary—has defined roles and powers, ensuring that decisions reflect public interest, are implemented effectively, and conform to constitutional principles. This system maintains a balance of power and fosters accountability, forming the backbone of democratic governance.
Recap:
Policy Decisions: Important policies involve multiple institutions for balanced decision-making.
Parliament: The highest law-making body, it checks the government’s powers and controls finances.
Executive: The Prime Minister and Cabinet make key policy decisions; civil servants execute them.
President: Acts on ministers’ advice, with limited discretionary powers in certain situations.
Judiciary: An independent body ensuring justice and upholding the Constitution, with the power of judicial review and public interest litigation.
Institutional Balance: Each institution’s role is vital to maintaining democratic governance and public trust.
