Ch4: Workings of the Institution
The Mandal Commission:
● The government of India appointed the Second Backwards Classes commission - 1979
● It was led by B.P. Mandal and was asked to identify SEBC (Socially and educationally
backwards classes) and how to advance them
● The commission recommended 27% job reservations for the SEBC
● Janta Dal, led by V.P. Singh made this his election manifesto - 1989
● When he became Prime Minister, he implemented this recommendation by getting
approval from the cabinet of ministers and informing the parliament. The senior officers
of the dept. of personnel and training drafted an order and issued it on 13th August 1990
● This caused outrage and uproar. People began a petition for the supreme court. Some
believed that this was unfair to other capable candidates who were not a part of the
SEBC. Others believed it hampered with the unity of the nation
● The supreme court upheld the recommendation, only making the change that well-to-do
people from the SEBC were not to be given any reservation
● This thus solved the dispute
Political Institutions in India:
● Prime Minister and Cabinet Ministers: They take important decisions
● Parliament : It makes the laws
● Civil Servants : They implement the laws and decisions
● Supreme court: They solve disputes
Legislature/Parliament:
● It can make new laws, change or abolish old ones. It has the final authority for making
laws
● The government can only take decisions if the parliament approves them
● The parliament controls all the money of the government. It can only be used if
sanctioned by the parliament
● Parliament is the highest forum for all discussion about public issues and national policy.
It can seek information about any matter
Houses of Parliament:
1) Rajya Sabha:
Elected: Indirectly, by the Assemblies of states and union territories
Members: 250
Length of Term: 6 years
Responsibilities: It looks after the interest of different states and regions
It is a permanent body and cannot be dissolved
2) Lok Sabha:
Elected: Directly, by the people
Members: 543
Length of term: 5 years
Responsibilities: The Lok Sabha has more power than the Rajya Sabha. If the Lok
Sabha passes a budget, the Rajya Sabha has to accept it. It can only delay by 14 days.
It can try to make changes but the Lok Sabha may or may not accept them.
If the two houses have a disagreement, they meet to sort it out and vote on a solution.
However, the Lok Sabha usually wins as they have more members.
The Lok Sabha controls the council of ministers. Only a person that has the support of
the Lok Sabha can be appointed as Prime Minister.
If the Lok Sabha says that it has “no confidence” in the council of ministers, the entire
council, including the Prime Minister has to resign
Executive:
● A person in charge of the day to day decisions and execution of government policies is
called an executive
● Political Executive: They take big decisions and are elected directly by the people for a
short time. They are: MLAs, MPs, Ministers, etc
● Permanent Executives: They are civil servants and they work under the political
executives and help them with day to day administration. They are elected for a long
time.
● Since political executives are directly elected by the people they are also answerable to
the people. They thus have more power than permanent execs.
Prime Minister:
● The president elects the leader of the winning/majority party
● If there is no majority party, she elects the person most likely to have won
● The president then selects the council of ministers (official name for the body of all
ministers) on the prime minister's advice. They are usually part of the winning/majority
party and have to be a part of the parliament
Council Ministers:
● A body of all ministers
● Cabinet Ministers:
➔ They are the top level leaders of the winning party
➔ They are 25 in no.
➔ They form the inner circle of the council of members
➔ They usually meet to take decisions in the name of the council of ministers
➔ The cabinet is a team and all ministers must own up to the decisions made by
the cabinet.
➔ The cabinet is assisted by a cabinet secretariat that provides background
information necessary to make a decision.
● Minister of state with independent charge:
➔ They are in charge of small ministries
➔ They only attend cabinet meetings if specially invited
● Minister of State:
➔ They are attached to and required to assist cabinet ministers
Powers of the Prime Minister:
● He chairs the cabinet of ministers
● He coordinates the work of different departments
● If they is a disagreement between the two departments, the prime minister’s decision is
final
● He supervises all ministries at a general level
● All ministers work under him
● He allocated work to ministers
● He can dismiss ministers
● If he resigns, the entire council has to resign
★ Prime minister in a coalition govt.:
Has to accommodate the different groups and factions in his party as well as the
other alliance partners. Thus he cannot take decisions as he likes
The President:
● She is the head of state
● She supervises the overall functioning of political institutions
● Elected by MPs and MLAs. Must get majority votes to be elected
Powers of the President:
● All important appointments are made in the name of the president
● All international treaties and agreements are signed in her name
● She is the supreme commander of defence forces in India
● These powers can only be used on advice of the council of ministers. The president can
ask the council to reconsider their advice but if the council makes no change then she
has to act in accordance
● Similarly, when the parliament passed a bill it can only be converted into a law with the
Presidents assent. The president can delay by keeping it with her for somet time. She
can return the bill to the parliament to reconsider. However if they do not make any
changes, she has to sign it.
The Judiciary:
● All courts at different levels come together to form the judiciary
● There is the supreme court at the national level, the high courts at state level and district
courts at local level
● The supreme court can take up any dispute between:
➔ Citizens
➔ Citizens and the govt.
➔ Two or more state govt.s
➔ Govt.s at state or union level
● It is the highest court of appeal for criminal and civil cases. It can hear appeals against
decisions made by the High courts
● The judiciary is not controlled by the government
● Judges of the Supreme and High court are appointed by the president on advice of the
prime minister and the chief justice of the supreme court.
● Once a judge of the supreme/high court has been appointed, it is practically impossible
to remove him
● Supreme and High courts have the power of judicial review: they can declare any law in
the constitution invalid if they feel the need to do so.
