The Working of Institutions

( Notes)

 Introduction – Why Institutions?

• In a democracy, decisions cannot be taken by a single person.
• Institutions (like Parliament, Executive, Judiciary) ensure proper rules, transparency, and accountability.
• Institutions sometimes make decision-making slow, but this prevents wrong or hasty decisions.
• Example: Mandal Commission Case (1990) – shows how Parliament, Executive, and Judiciary interacted before a final decision was implemented.

 Major Political Institutions in India

There are three main institutions:

1. Legislature (Parliament) – makes laws, controls executive, represents people.
2. Executive (Political + Permanent) – implements laws and policies.
3. Judiciary (Courts) – interprets laws, protects Constitution and rights.

 Legislature – The Indian Parliament

Composition

• President + Lok Sabha (Lower House) + Rajya Sabha (Upper House).

Lok Sabha

• Members: max. 552 (530 states, 20 UTs, 2 nominated if necessary).
• Directly elected for 5 years.
• Can be dissolved earlier.
• More powerful than Rajya Sabha.

Rajya Sabha

• Members: max. 250 (238 elected by State Legislatures, 12 nominated by President).
• Permanent House (cannot be dissolved).
• 1/3rd members retire every 2 years.

President of India

• Nominal part of Parliament.
• Summons/dissolves Lok Sabha, signs bills into law.

Functions of Parliament

1. Law-making – ordinary laws, money bills, constitutional amendments.
2. Control over Executive – Question Hour, Zero Hour, Adjournment motions, No-confidence motion.
3. Financial powers – approves Budget, passes Money Bill.
4. Voice of citizens – debates, discussions, representation.
5. Amendment of Constitution – with special majority.

 The Executive

Two Types:

• Political Executive – elected leaders (President, PM, Council of Ministers).
• Permanent Executive – civil servants (IAS, IPS, etc.), appointed, not elected.

(A) Political Executive

President of India

• Head of State (nominal head).
• Elected indirectly by Electoral College.
• Powers:
  • Appoints PM, Governors, Judges, Ambassadors.
  • Summons/dissolves Parliament.
  • Signs bills into laws.
  • Supreme Commander of Armed Forces.
• Bound to act on the advice of Council of Ministers.

Prime Minister

• Head of Government (real executive authority).
• Leader of majority party in Lok Sabha.
• Functions:
  • Forms Council of Ministers.
  • Allocates ministries.
  • Chairs Cabinet meetings.
  • Represents India abroad.
  • Key policy decision-maker.

Council of Ministers

• Cabinet Ministers – senior ministers, important portfolios.
• Ministers of State – junior, may have independent charge.
• Deputy Ministers – assist others.
• Collective Responsibility → If Lok Sabha passes a no-confidence motion, all ministers resign together.

(B) Permanent Executive (Civil Services)

• Includes IAS, IPS, IFS, etc.
• Selected by UPSC exams.
• Functions:
  • Implement government policies.
  • Advise political leaders.
  • Provide stability and continuity (even when governments change).

Judiciary – Independent and Powerful

Structure

• Supreme Court (Apex Court)
• High Courts (State level)
• Subordinate Courts (District & local courts)

Functions

• Protects Fundamental Rights (e.g., Right to Equality, Freedom, etc.).
• Judicial Review → can strike down unconstitutional laws or executive orders.
• Guardian of the Constitution.
• Resolves disputes: between states, centre & states, or citizens.

Independence of Judiciary

• Judges not under Executive/Legislature.
• Can only be removed by impeachment (rare).
• Salaries & allowances charged on Consolidated Fund (cannot be reduced).
• Free from political pressure.

System of Checks and Balances

• No organ has unlimited power.
• Legislature checks Executive → Question Hour, No-confidence motion.
• Executive checks Legislature → President can withhold assent temporarily.
• Judiciary checks both → through Judicial Review.
• This balance prevents misuse of power → ensures democracy.

Case Study – The Mandal Commission Decision (1990)

• Mandal Commission recommended 27% reservation for OBCs in central govt. jobs.
• 1990: Govt. accepted → widespread protests (especially by upper caste youth).
• Parliament debated → Executive stood firm → matter went to Supreme Court.
• Supreme Court upheld reservations (but limited total reservations to 50%).
• Lesson:
  • Decision was not taken by one person.
  • All three institutions (Executive, Legislature, Judiciary) played a role.
  • Shows importance of institutions in democracy.

 Key Terms

• Nominal Executive → President.
• Real Executive → Prime Minister.
• Collective Responsibility → Entire Council of Ministers responsible to Lok Sabha.
• Judicial Review → Power of courts to strike down unconstitutional laws.
• Electoral College → Group that elects the President.
• No-confidence Motion → If passed, entire Council of Ministers must resign.

 Quick Recap

• Institutions = backbone of democracy.
• Parliament = supreme law-making body (Lok Sabha more powerful).
• President = nominal head, Prime Minister = real head.
• Council of Ministers = runs government, collectively responsible to Lok Sabha.
• Permanent Executive = Civil Services, ensure continuity.
• Judiciary = Independent, guardian of Constitution & rights.
• Checks and Balances = prevent misuse of power.
• Mandal Commission = case study proving institutional balance in India.