WORKING OF 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 of people to
be consulted in any decision.
⚫ 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 directly ⚫ Members of Rajya Sabha are
elected by the eligible voters elected by the elected members of
⚫ The period of Lok Sabha is five state legislative assembly
years ⚫ It is a permanent body, one third of
⚫ The maximum strength 552 its member retire every two years
members ⚫ It has not more than 250 membres
⚫ Money bills can only be introduced ⚫ The Rajya Sabha does not exercise
in the Lok Sabha. It grants the much power over money bills.
money for running the ⚫ Less powerful than the Lok Sabha
administration of the country
⚫ More powerful than Rajya 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
Eg: IAS, IPS, Government officers etc…
 Political Executive Permanent executives
⚫ Executives who are elected by the ⚫ The permanent executives are
people for a specific period are salaried with civil servants who are
called Political Executives. appointed on a long term.
⚫ Example- Political leaders like the ⚫ Persons working in civil services.
Prime minister, Council of Example: IAS, IPS and IFS
Ministers ⚫ They remain in office even when
⚫ They remain in office only so long the ruling party changes. Their
as they command the confidence of tenure of the office is fixed.
the majority members of the ⚫ They are not answerable to the
parliament people.
⚫ They are answerable to people for ⚫ They are less powerful. They do not
all the consequences of their take decisions. Instead they assist
decisions political executives in carrying out
⚫ They are more powerful. They take day- to- day administration.
all the final decision
 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
Different types of Council of Ministers
Council of ministers is the official name for the body that
includes all the Ministers. It usually has 60 to 80 Ministers of
different tasks
Cabinet Ministers: Usually top level leaders of the ruling
party, who are in charge of the major ministries. Usually the
Cabinet Ministers meet to take decisions in the name of the
council of Ministers. Cabinet is thus the inner ring of the
Council of Ministers. It comprises about 20 ministers.
2. Ministers of State with Independent Charge: are
usually in charge of smaller ministries. They participate in
the cabinet meetings only when specially invited.

3. Ministers of State: Are attached to and required to

assist cabinet Ministers.

The cabinet work as a team. No minister can openly criticise

any decision of the government, even if it is about another
ministry or Department. Every Ministries has secretaries,
who are Civil Servants. The secretaries provide the
necessary background information to the ministers to take
decisions.
 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.
Election procedure of the President
of India
The president of India not elected directly by the people. All the
members of Parliament (MP) and members of Assemblies
(MLA) elect him. A candidate standing for the post of
President has to get majority of votes to win the election. This
ensures that the President of India can be seen to represent the
entire nation
 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
 American Presidential System
Difference- Presidential and Parliamentary System
⚫ The President of the United States is the head of the State and the
Government
⚫ He is directly elected by the people
⚫ He personally choose and appoint the ministers
⚫ The legislature (Congress) making the law, but the president can veto
any law
⚫ The President does not need the support of the majority of the
members and he is not answerable to them.
⚫ He has a fixed period of four years and competes it even if his party
does not have a majority in the Congress
⚫ This model followed in most of the Latin America and many of the ex-
Soviet Union countries
⚫ Given the centrality of the President, this system is called Presidential
form of Government
⚫ But in India that follow British model, the parliament is Supreme and
this system is called Parliamentary System of Government
 When and how does the President
exercise his discretion?
⚫ When a party or coalition of parties gets 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 exercise his discretion
⚫ The President appoints a leader who in his opinion can
muster majority support in the Lok Sabha.
⚫ In such case, the President can ask the newly appointed to
prove majority in the Lok Sabha within a specified time
 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 null and void.
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 democracy