WORKING OF INSTITUTIONS
KEYWORDS:
Office memorandum: a communication issued by an appropriate
authority stating the policy or decision of the government.
Political institution: a set of procedures for regulating the conduct
of the government and political life in the country.
Impeachment: a procedure through which the president, vice-
president or the chief justice of India can be removed.
Coalition government: A government formed by an alliance of
two or more political parties, usually when no single party enjoys
majority support of the members in a legislature.
Executive: A body of persons having authority to initiate major
policies, make decisions and implement them on the basis of the
Constitution and laws of the country.
Government: A set of institutions that have the power to make,
implement and interpret laws so as to ensure an orderly life. In its
broad sense, government administers and supervises over citizens
and resources of a country.
Judiciary: An institution empowered to administer justice and
provide a mechanism for the resolution of legal disputes. All the
courts in the country are collectively referred to as judiciary.
Legislature: An assembly of people’s representatives with the
power to enact laws for a country. In addition to enacting laws,
legislatures have authority to raise taxes and adopt the budget
and other money bills.
Reservations: A policy that declares some positions in government
employment and educational institutions ‘reserved’ for people and
Communities, who have been discriminated against, are
disadvantaged and backward.
QUESTION
Q1. ‘Democracy is not just about people electing their rulers.’
why?
Because (Any five Points)
1. In a democracy rulers have to follow some rules and
procedures.
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2. They have to work with and within institutions.
3. They are responsible for ensuring security to the citizens and
providing facilities for education and health to all.
4. They collect taxes and spend the money thus raised on
administration, defence and development programmes.
5. They formulate and implement several welfare schemes.
Q2. What were the recommendations/suggestions laid down by
the Mandal Commission?
The Government of India had appointed the Second Backward
Classes Commission in 1979. It was headed by B.P. Mandal. Hence it
was popularly called the Mandal Commission. It was asked to
determine the criteria to identify the socially and educationally
backward classes (SEBC) in India and recommend steps to be
taken for their advancement. The Commission gave its Report in
1980 and made many recommendations. One of these was that 27
per cent of government jobs be reserved for the socially and
educationally backward classes. The Report and
recommendations were discussed in the Parliament.
Q3. Who have signed O. M. No. 36012/31/90-EST (SCT), dated
13.8.1990.? Which major policy decision was announced by the
order?
The Joint Secretary, an officer in the Department of Personnel and
Training in the Ministry of Personnel, Public Grievances and
Pensions, signed the Order. (write Ans.2 also)
Q4. O. M. No. 36012/31/90-EST (SCT), dated 13.8.1990 was the
culmination of a long chain of events. How?
Following events took place during the course
1. The Government of India had appointed Mandal Commission in
1979 which made the recommendation that 27 per cent of
government jobs be reserved for the SEBC.
2. For several years, many parliamentarians (M.P.s) and parties kept
demanding the implementation of the Commission’s
recommendations.
3. The Janata Dal under V. P. Singh did form the government after
the election of 1989.
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4. On 6 August 1990, the Union Cabinet took a formal decision to
implement the recommendations.
5. Next day Prime Minister V.P. Singh informed the Parliament about
this decision through a statement in both the Houses of Parliament.
Q5. Who resolved the dispute arose on the issue of reservation for
SEBC? Or
explain the dispute ‘Indira Sawhney and others Vs Union of India
case’.
(any five points)
1. Some persons and associations opposed to this order filed a
number of cases in the courts. They appealed to the courts to
declare the order invalid and stop its implementation.
2. The Supreme Court of India bunched all these cases together.
This case was known as the ‘Indira Sawhney and others Vs Union
of India case’.
3. Eleven judges of the Supreme Court heard arguments of both
sides.
4. By a majority, the Supreme Court judges in 1992 d eclared that
this order of the Government of India was valid.
5. At the same time the Supreme Court asked the government to
modify its original order.
6. It said that well-to do persons (creamy layer) among the
backward classes should be excluded from getting the benefit of
reservation.
Q6. Why democratic governments insist on institutions? Give
reasons.
1. Institutions involve rules and regulations.
2. This can bind the hands of leaders. Institutions involve
meetings, committees and routines.
3. This often leads to delays and complications. Therefore dealing
with institutions can be frustrating. But some of the delays and
complications introduced by institutions are very useful.
4. They provide an opportunity for a wider set of people to be
consulted in any decision.
5. Institutions make it difficult to have a good decision taken very
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quickly. But they also make it equally difficult to rush through a
bad decision
Q7. Explain the major functions and powers of the Parliament. Or
Why do we need a Parliament?
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. It exercises political authority on behalf of the people
in many ways:
1. Legislative powers: Parliament is the final authority for making
laws in any country. This task of law making or legislation is so
crucial that these assemblies are called legislatures. Parliaments
all over the world can make new laws, change existing laws, or
abolish existing laws and make new ones in their place.
2. Control over the Executive: Parliaments all over the world
exercise some control over those who run the government. In
some countries like India this control is direct and full. Those who
run the government can take decisions only so long as they enjoy
support of the Parliament.
3. Control over Finance: Parliaments control all the money that
governments have. In most countries the public money can be
spent only when the Parliament sanctions it.
4. Making policies: Parliament is the highest forum of discussion
and debate on public issues and national policy in any country.
Parliament can seek information about any matter.
5. Judicial function: The Parliament can remove the President, the
Vice-President, Judges of the Supreme Court and the High
Court’s by passing a resolution of impeachment against them.
6. Declaration of emergency: The proclamation of emergency by
the President is to be approved by the Parliament.
Q8. Explain the composition of the Indian Parliament.
The Parliament consists of two Houses. The two Houses are known
as the Council of States (Rajya Sabha) and the House of the
People (Lok Sabha). The P resident of India is a part of the
Parliament, although she is not a member of either House. That is
why all laws made in the Houses come into force only after they
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receive the assent of the President.
LOK SABHA: Lok Sabha does not have a fixed tenure. Normally, Lok
Sabha is elected for 5 years but it can be dissolved before the
expiry of its term. Members are directly elected by the people. It is
more powerful as it has more members. It also has more power
relating money bills. It can pass No-Confidence motion.
RAJYA SABHA: It is a permanent House. A member stays for six
years. 1/3 members retire after every two years and equal number
of member are elected. The members of the Rajya Sabha are
elected by the elected members of the Legislative Assemblies of
various states. It is less powerful as it has fewer members. It
cannot pass the No-Confidence motion.
Q9. The Lok Sabha is more powerful than the Rajya Sabha. Explain
by giving examples.
OR
Which house of the parliament is more powerful in India and
why? Give reason.
Our Constitution does give the Rajya Sabha some special powers
over the states. But on most matters, the Lok Sabha exercises
supreme power. Let us see how:
1. Any ordinary law needs to be passed by both the Houses. But if
there is a difference between the two Houses, the final decision is
taken in a joint session in which members of both the Houses sit
together. Because of the larger number of members, the view of
the Lok Sabha is likely to prevail in such a meeting.
2. Lok Sabha exercises more powers in money matters. Once the
Lok Sabha passes the budget of the government or 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.
3. Most importantly, the Lok Sabha controls the Council of
Ministers. Only a person who enjoys the support of the majority of
the members in the Lok Sabha is appointed the Prime Minister. If
the majority of the Lok Sabha members say they have ‘no
confidence’ in the Council of Ministers, all ministers including the
Prime Minister, have to quit. The Rajya Sabha does not have this
power.
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Q10. Compare the powers, tenure and working of the both the
houses of the Indian parliament.
Lok Sabha
Tenure: Lok Sabha does not have a fixed tenure. Normally, Lok
Sabha is elected for 5 years but it can be dissolved before the
expiry of its term.
Elections: Members are directly elected by the people.
Power: It is more powerful as it has more members. It also has
more power relating money bills. It can pass No-Confidence
motion.
Rajya Sabha:
Tenure: It is a permanent House. A member stays for six years. 1/3
members retire after every two years and equal number of
member are elected.
Elections: The members of the Rajya Sabha are elected by the
elected members of the Legislative Assemblies of various states.
Power: It is less powerful as it has fewer members. It cannot pass
the No-Confidence motion.
Q11. Why is there a need for political institutions?
OR
Why are political institutions important? Give reasons.
Political institutions are very important in a democracy because:
1. To take decisions: Countries need political institutions to take
decisions regarding the welfare of the people. Institutions
formulate various policies and programmes.
2. Implementation: The decisions which have been taken are to be
implemented. So countries need institutions to implement the
decisions.
3. To solve the disputes: Institutions are also needed to solve the
disputes between various institutions.
4. Exercises authority on behalf of the people: These political
institutions discuss about public issues and decide what is good
and right for the people.
5. To increase accountability: A democracy works well when
political institutions perform functions assigned to them.
Countries need political institutions to increase accountability of
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the government.
Q12. What are the major differences between permanent and
political executives?
OR
Distinguish between political executives and permanent
executives.
OR
Why do the political executives have more powers than the
permanent executives?
Major differences are:
Political executives :
1. Political executives are elected for a specific period of time.
2. They are elected by the people.
3. They are makers of the law and policies.
4. People can be changing them in the next election.
5. All the political executives are accountable to the people.
Permanent executives:
1. Permanent executives are appointed on a long-term basis.
2. They are appointed by the government.
3. They execute the policies of the government.
4. They are permanent and remain in office even when the ruling
party changes.
5. All the permanent executives work under political executives
and assist them.
Q13. Why the Political Executives have more power than the
Non-Political Executives?
In democratic country like India Political Executives have more
power than the Non-Political Executives because
1. In a democracy, the will of the people is supreme, and the Political
Executive is elected by the people.
2. 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.
3. The Non-Political Executives are the experts in their field but
political executives have to see the welfare of all.
4. The experts can tell the route, but the Political Executives have a
larger view so they decide the destination.
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5. This happens in any large organization. Those who understand
the overall picture take the most important decision, not the
experts.
Q14. Explain the major powers and functions of the Prime
Minister.
1. He conducts Cabinet meetings. If the Cabinet is the most
powerful institution in India, within the Cabinet it is the Prime
Minister who is the most powerful.
2. As political parties have come to play a major role in politics, the
Prime Minister controls the Cabinet and Parliament through the
party.
3. He coordinates the work of different Departments. His decisions
are final in case disagreements arise between Departments.
4. He exercises general supervision of different ministries. All
ministers work under his leadership.
5. The Prime Minister distributes and redistributes work to the
ministers. He also has the power to dismiss ministers.
6. When the Prime Minister quits, the entire ministry quits.
Q15. Explain the composition of the 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 ranks. It
comprises of the three categories of Ministers. These are
1. Cabinet Ministers are usually top-level leaders of the ruling
party or parties 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 r equired to assist
Cabinet Ministers.
Q16. What is a Coalition Government? Why Prime Minister of a
Coalition Government cannot take decision as he/she likes?
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oalition government: It is a government which is formed by a
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combination of more than one party. In recent years the rise of
coalition politics has imposed certain constraints on the power of
the Prime Minister. The Prime Minister of a coalition government
cannot take decisions as he likes. He has to accommodate
different groups and factions in his party as well as among
alliance partners. He also has to heed to the views and positions of
the coalition partners and other parties, on those support the
survival of the government depends.
Q17. Who appoints the Prime Minister? How is he/she appointed?
The President appoints the Prime Minister. But the President
cannot appoint anyone he/she likes. The President appoints the
leader of the majority party or the coalition of parties that
commands a majority in the Lok Sabha, as the Prime Minister. In
case no single party or alliance gets a majority, the President
appoints the person most likely to secure a majority support. The
Prime Minister does not have a fixed tenure. He can remain in
power till he enjoys the support of the majority.
Q18. What is the tenure of the Prime Minister? How the Prime
Minister can be removed?
enure: The Prime Minister does not have a fixed tenure. Normally
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a prime minister is elected for five years, but remains in power till
he enjoys the majority support in Lok Sabha.
Removal through No-Confidence motion: Only a person who
enjoys the support of the majority of the members of the Lok Sabha
is appointed as the Prime Minister. If a No-Confidence motion is
moved in the Lok Sabha and passed then the Government has to
resign. When the Prime Minister quits, the entire ministry quits.
Q19. What is ‘Collective Responsibility’? Describe its significance.
In a parliament system of government, the principle and ideals of
Collective Responsibility are of much importance. It means that the
council of ministers is collectively responsible to the Parliament.
Significance: If the Parliament rejects the policy of the government
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or passes a no confidence motion against minister, the whole
council of minister has to resign.
Q20. Explain the major powers of President.
The President is the head of the state. The President exercises
following powers:
1. Administrative head: He is the head of the State. The
administration of the country runs in his name. All orders are
issued in his name.
2. Appoints and dismisses the Prime Minister and the Council of
Minister: He appoints the Prime Minister and on his advice, he
appoints others minister in the Council of Ministers. He administers
the oath of office to them. The Prime Minister and the Ministers
submit their resignations to him, if required.
3. To summon and prorogue the parliament: He summons both
houses to be held. He can also prorogue the Parliament.
4. To dissolve the Lok Sabha: The President has the power to
dissolve the Lok Sabha on the advice, of the Prime Minister, before
the expiry of its full term.
5. Nomination of the Member of the Parliament or the M.P.s: The
President nominates 12 M.P.s to the Rajya Sabha from amongst
outstanding contributors to literature, science, social service or
art. He may also nominate 2 M.P.s of the Anglo-Indian community
to the Lok Sabha, if this community is not adequately represented.
Q21. Explain the limitations of the powers of the President. OR why
is the President highest formal authority in India?
1. The President exercises all powers only on the advice of the
Council of Minister.
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. Similarly, 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 has to sign it.
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Q22. Explain the discretionary powers of the President.
OR
Under what circumstances does the President exercise his
discretion in the appointment of the Prime Minister?
hen no party or coalition gets a majority in the Lok Sabha, the
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President exercises her discretion. The President appoints a leader
who in her opinion can muster majority support in the Lok Sabha. In
such a case, the President can ask the newly appointed Prime
Minister to prove majority support in the Lok Sabha within a
specified time.
Q23. How is the judicial system organized in India? Mention its
major functions.
OR
‘India has an Integrated Judiciary.’ Explain. OR What is the
composition of Indian judiciary?
Indian Judicial System: There are three different levels of courts in
our country. All the courts at different levels in a country put
together are called The Judiciary. The Indian judiciary consists of a
Supreme Court for the entire nation, High Courts in the states,
District Courts and the courts at local level. There are several
courts at the lower level while there is only one at the apex level.
Each state is divided into districts that are presided over by a
District Judge. Each state has a High Court which is the highest
court of that state. At the top is the Supreme Court that is located
in New Delhi and is presided over by the Chief Justice of India. The
decisions made by the Supreme Court are binding on all other
courts in India. India has an integrated judiciary. It means the
Supreme Court controls the judicial administration in the country.
Major functions of Judiciary:
1. Dispute Resolution: The judicial system provides a mechanism
for resolving disputes between citizens, between citizens and the
government, between two state governments and between the
centre and state governments.
2. Judicial Review: As the final interpreter of the Constitution, the
judiciary also has the power to strike down particular laws passed
by the Parliament if it believes that these are a violation of the
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basic structure of the Constitution. This is called judicial review.
3. Upholding the Law and Enforcing Fundamental Rights: Every
citizen of India can approach the Supreme Court or the High Court
if they believe that their Fundamental Rights have been violated.
Q24. Write a note on the independence of the Judiciary.
OR
How has the Indian Constitution ensured the independence of
the Judiciary? Give provisions.
The independence of the judiciary means that the judiciary
should not be under the influence or control of any individual or
authority. If the Legislature or Executive is in a position to influence
the judiciary in any way, the judges will not be able to give
impartial justice.
1. Appointment of judges: The judges of the Supreme Court and the
high courts are appointed by the president of India in
consultation with other judges.
2. Security of tenure: A judge can remain in office till he has
attained the age of 65 years (in case of Supreme Court) and 62
years (in case of High Courts) he can be removed by the President
on the ground of “proved misbehavior or incapacity.” But the
resolution for this impeachment should be passed by both the
houses.
3. Salaries etc. are charged on the consolidated Fund of India: The
Salaries are charged on the consolidated Fund of India and
cannot, therefore, be voted upon by the Parliament.
4. No discussion with respect to the conduct of any judge: No
discussion shall take place in Parliament with respect to the
conduct of any judge in the discharge of his duties when a motion
for his removal is under consideration.
5. Central role in ensuring no misuse of power by other organs: It is
the independence of The Judiciary that allows the courts to play a
central role in ensuring that there is no misuse of power by The
Legislature and The Executive.
Q25. Explain briefly the powers and functions of the Supreme
Court.
OR
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Discuss the jurisdiction of the Supreme Court.
The Supreme Court controls the judicial administration in the
country. The Jurisdictions & powers of the Supreme Court are:
1. Original Jurisdiction: The original jurisdiction extends to those
cases which the Supreme Court has the authority to hear and
decide in the first instance.
a. Between citizens of the country;
b. Between citizens and government;
c. Between two or more state governments; and
d. Between governments at the union and state level.
2. Appellate Jurisdiction: It is the highest court of appeal in civil and
criminal cases. It can hear appeals against the decisions of the
High Courts
3. Advisory Jurisdiction: As the highest court in the country, the
Supreme Court gives a legal advice to the President of India on
any legal or constitutional matter referred to it. However, the
advice is not binding on the Supreme Court.
4. Guardian of the Constitution: The Supreme Court acts as the
guardian, and final interpreter of the constitution. The Supreme
Court has the power to interpret the Constitution of the country.
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.
5. Guardian of Fundamental Rights: The Supreme Court also acts as
the guardian of the Fundamental rights of the citizens. It plays a
crucial role in protecting the Fundamental Rights of citizens
because anyone can approach the courts if they believe that their
rights have been violated.
Q26. How can the judges of the Supreme Court and High Court be
removed?
Once a person is appointed as judge of the Supreme Court or the
High Court it is nearly impossible to remove him or her from that
position. It is as difficult as removing the President of India. 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.
Impeachment motion: The resolution to impeach the judge may
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be moved in either house of the Parliament. Such a resolution can
be moved after a notice has been given by at least one-fourth of
the total number of members of the House. The resolution must be
passed by two-third of the total membership of that House. Then
the charges leveled against him or her investigated by the other
House. The judge has the right to appear in person only in order to
answer charges made against him. He has also the right to be
defended by a counsel. If the charges are sustained by a two third
vote in the other House as well, the Impeachments succeeds.
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