Chapter 4 Working Of Institutions

Overview

This chapter explains how democratic governments function through various institutions, focusing on the legislature, executive, and judiciary. It uses the example of the 1990 reservation policy decision in India to illustrate the complex process of policy-making, involving multiple actors and institutions. The chapter defines these key institutions, outlines their roles and powers, and discusses how they interact to ensure governance, manage conflicts, and uphold democratic principles. It emphasizes that while institutions can sometimes cause delays, they are crucial for democratic functioning by ensuring accountability, consultation, and the protection of citizens' rights.

How Is A Major Policy Decision Taken?

Major policy decisions involve a chain of events and multiple decision-makers:

• Initial Proposal/Demand: Recommendations from commissions (like the Mandal Commission for reservations) or public pressure often initiate policy discussions.
• Political Decision: The Prime Minister and Cabinet decide on the policy, often after parliamentary debate and discussion.
• Formalization: The decision is formalized through an Office Memorandum (OM) issued by relevant departments, signed by an authorized official.
• Parliamentary Scrutiny: While the decision might not originate in Parliament, its discussion, debate, and the government's need for majority support ensure parliamentary influence.
• Judicial Review: Disputes arising from policy implementation are often settled by the judiciary (Supreme Court and High Courts), which can uphold, modify, or strike down government orders based on constitutional validity.

The example of the Mandal Commission's reservation policy highlights how a decision involves political will (PM V.P. Singh), bureaucratic implementation (Office Memorandum), public debate, and judicial review (Supreme Court's verdict).

The Decision Makers

Key decision-makers in the Indian government include:

• President: Head of State, exercises formal authority.
• Prime Minister: Head of Government, exercises most executive powers, usually the leader of the majority party/coalition in Lok Sabha.
• Cabinet: A council of ministers headed by the Prime Minister, making major policy decisions.
• Civil Services/Permanent Executive: Officials who implement decisions, providing expertise and background information to ministers.
• Parliament (Lok Sabha & Rajya Sabha): The legislature, which makes laws, controls finances, and holds the executive accountable.
• Judiciary (Supreme Court, High Courts): Settles disputes, interprets the Constitution, and can review government actions.

Need For Political Institutions

Political institutions (like Parliament, Cabinet, ministries, judiciary) are essential for governing a country. They provide a framework for:

• Making and implementing decisions systematically.
• Ensuring accountability and continuity in governance, even with changing leadership.
• Providing a mechanism for resolving disputes and ensuring the rule of law.
• Allowing for consultation and deliberation, preventing hasty or arbitrary decisions.

While institutions can sometimes cause delays, they are crucial for the functioning of a democracy.

Parliament

Parliament is the supreme political authority in a democracy, representing the people.

Why Do We Need A Parliament?

Parliament performs several vital functions:

• Law Making: It is the supreme body for making, amending, or abolishing laws.
• Control over Government: It holds the executive accountable; the government must maintain the confidence of the majority in Parliament.
• Control of Finance: It sanctions government spending through the budget.
• Forum for Debate: It is the highest platform for discussing public issues and national policies.
• Seeking Information: It can question the government on any matter.

Two Houses Of Parliament

The Indian Parliament comprises two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), along with the President. The Lok Sabha is directly elected by the people, has a larger membership, and exercises more power, especially over money matters and government confidence. The Rajya Sabha, indirectly elected, represents states and has some special powers regarding state-related issues. The Lok Sabha's majority support is crucial for the Prime Minister and Council of Ministers to remain in office.

Political Executive

The executive is responsible for implementing laws and policies. It consists of two types:

Political And Permanent Executive

• Political Executive: Elected representatives (like the Prime Minister and ministers) who take major policy decisions and are accountable to the people. They have a fixed term and can be changed through elections.
• Permanent Executive (Civil Services): Appointed officials (like secretaries) who assist the political executive in administration, possess expert knowledge, and remain in office irrespective of political changes.

The political executive holds the ultimate decision-making power as they are elected representatives accountable to the people, even though civil servants may have more technical expertise.

Prime Minister and Council of Ministers

The Prime Minister is the head of government, appointed by the President based on majority support in the Lok Sabha. The PM selects ministers, usually from the ruling party or coalition, forming the Council of Ministers. The Cabinet, a smaller group of top ministers, makes key decisions. The PM leads the government, coordinates ministries, and holds significant influence over the Cabinet and Parliament.

Powers Of The Prime Minister

The Prime Minister chairs Cabinet meetings, coordinates ministries, distributes work among ministers, and can dismiss them. Their decisions are final in inter-departmental disagreements. The PM's power has grown significantly, sometimes leading to a 'Prime Ministerial' form of government, though coalition politics imposes constraints.

The President

The President is the head of state, exercising mostly nominal and ceremonial powers. Appointed indirectly by elected MPs and MLAs, the President acts on the advice of the Council of Ministers. While the President can ask for reconsideration of decisions, they are generally bound by the advice given, ensuring the Prime Minister remains the real executive authority.

The Judiciary

The judiciary, comprising courts at all levels (Supreme Court, High Courts, lower courts), is responsible for administering justice and resolving legal disputes. It acts as the guardian of the Constitution and citizens' rights.

Independence Of The Judiciary

For democracy to function effectively, the judiciary must be independent of the legislature and the executive. Judges are appointed through a collegium system (senior judges selecting new judges), and their removal is extremely difficult (requiring impeachment). This independence allows the judiciary to interpret the Constitution, review laws and government actions (judicial review), protect fundamental rights, and ensure that the government functions within legal limits without fear or favour.