Class 9 Political Science Chapter 4 Notes

NCERT Class 9 Political Science(Civics) Chapter 4 Notes WORKING OF INSTITUTIONS

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CHAPTER 4

WORKING OF INSTITUTIONS

How is a major policy decision taken?

A Government Order

On August 13, 1990, the Government of India issued an Order.
It was called an Office Memorandum.
That 27 percent of the vacancies in civil posts and services under the Government of India are reserved for the Socially and Educationally Backward Classes SEBC.
SEBC is another name for all those people who belong to castes that are considered backward by the government.
The benefit of job reservation was till then available only to Scheduled Castes and Scheduled Tribes.
Now a new third category called SEBC was introduced.
Only persons who belong to backward classes were eligible for this quota of 27 percent jobs.
Others could not compete for these jobs.

The Decision Makers

Who decided to issue his Memorandum? Such a big decision would have involved other major functionaries in our country. Some of the main points.
President is the head of the state and is the highest formal authority in the country.
Prime Minister is the head of the government and actually exercises all governmental powers. He takes most of the decisions in the Cabinet meetings.
Parliament consists of the President and two Houses, Lok Sabha and Rajya Sabha. The Prime Minister must have the support of a majority of Lok Sabha members.

OBC Reservation

The Government of India had appointed the Second Backward Classes Commission in 1979.
It was headed by B.P. Mandal.
It was popularly called the Mandal Commission.
It was asked to determine the criteria to identify the socially and educationally backward.
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. For several years.
Then came the Lok Sabha election of 1989.
The Janata Dal did form the government after this election.
Its leader V.P. Singh became the Prime Minister.
The President of India in his address to the Parliament announced the intention of the government to implement the recommendations of the Mandal Commission.
On 6 August 1990, the Union Cabinet took a formal decision to implement the recommendations.
Next day Prime Minister V.P. Singh informed the Parliament about this decision through a statement in both the Houses of Parliament.
The decision of the Cabinet was sent to the Department of Personnel and Training. The senior officers of the Department drafted an order in line with the Cabinet decision and took the minister’s approval. An officer signed the order on behalf of the Union Government. This was how O.M. No. 36012/31/90 was born on 13 August 1990.
This was most hotly debated issue in the country.

Arguments

It led to widespread protests and counter-protests, some of which were violent.
People reacted strongly because this decision affected thousands of job opportunities.

For

Some felt that existence of inequalities among people of different castes in India necessitated job reservations.
This would give a fair opportunity to those communities who so far had not adequately been represented in government employment.

Against

It would deny equality of opportunity to those who did not belong to backward communities.
They would be denied jobs even though they could be more qualified.
Some felt that this would perpetuate caste feelings among people and hamper national unity.

Finally Supreme Court and the High Courts in India settle disputes.
This case was Known as the ‘Indira Sawhney and others Vs Union of India case. Eleven judges of the Supreme Court heard arguments of both sides.
By a majority, the Supreme Court judges in 1992 declared that this order of the Government of India was valid.
Thus the dispute came to end and the policy has been following since then.

Need for Political Institutions

If disputes arise on these decisions or disputes arise on these decisions or in their implementation, there should be someone of determine what is right and what is wrong.

All these tasks, several arrangements are made in all modern democracies. Such arrangements are called institutions. A democracy works well when these institutions perform functions assigned to them.

The Prime Minister and the Cabinet are institutions that take all important policy decisions.
The Civil Servants, working together, are responsible for taking steps to implement the ministers’ decisions.
Supreme Court between citizens and the government are finally settled.

Working with institutions is not easy. Institutions involve meetings, committees and routines.

This often leads to delays and complications.

Some of the delays and complications introduced by institutions are very useful. They provide an opportunity for a winder set of people to be consulted in any decision.

Institutions make it difficult to have a good decision taken very quickly. But they also make it equally difficult to rush through a bad decision.

Parliament

The decision was not directly taken in Parliament. But Parliamentary discussions on the Report influenced and shaped the decision of the government. They brought pressure on the government to act.

If Parliament was not in favour of this the decision, the Government could not have gone ahead and could not implement the decision.

Why do we need a Parliament?

In India such a national assembly of elected representatives is called Parliament.
At the state level this is called Legislature or Legislative Assembly.
It exercises political authority on behalf of the people.
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.
Those who run the government can take decisions only so long as they enjoy support of Parliament.
Parliaments control all the money that governments have.
Parliament is the highest forum of discussion and debate on public issues and national policy in any country.

Two Houses of Parliament

Since Parliament plays a central role in Modern democracies, most large countries divide the role and powers of Parliament in two parts. They are called Chambers or Houses.
One House is usually directly elected by people and exercises the real power on behalf of the people.
The second House 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 sttes, regions or federal units.

In Our Country, 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 President of India is a part of Parliament.
She is not a member of either House. All laws made in the Houses come into force only after they receive the assent of the President.

Rajya Sabha is more powerful, for sometimes it is called the ‘upper Chamber’ and the Lok Sabha the ‘Lower Chamber’.

Lok Sabha exercises supreme power.

Lok Sabha power in law matter

Any ordinary law needs to be passed b 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.

Lok Sabha power in money matter

Lok Sabha exercises more powers in money matters.
Once the Lok Sabha passes the budget of the government or any other money related law.
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.

Lok Sabha power in Council of Ministers

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.

Political Executive

At different levels of any government functionaries who take day-today decisions but do not exercise supreme power on behalf of the people.
All those functionaries are collectively known as the executive.
They are called executive because they are in charge of the ‘execution’ of the policies of the government.

Political and Permanent Executive

In a democratic country two categories make up the executive.

One that is elected by the people for a specific period is called the political executive. Political leaders who take the big decisions fall in this category.
In the second category people are appointed on a long-term basis.
This is a called the permanent executive or civil services.
Persons working in civil services are called civil servants.
They remain in office even when the ruling party changes.
These officers work under political executive and assist them in carrying out the day-to-day administration.

In a democracy the will of the people is supreme.

The minister is an elected representative of the people and thus empowered to exercise the will of the people on their behalf.
He/She is finally answerable to the consequences of her/his decision.
That is why the minister takes all the final decisions.
The minister decides the overall framework and objectives in which decisions on policy should be made.
The minister is not and is not expected to be an expert in the matters of her ministry.
The minister takes the advice of experts on all technical matters.

Prime Minister and Council of Ministers

Prime Minister is the most important (political institution) in the country.
There is no direct election to be post of the Prime Minister.
The President appoints the Prime Minister.
The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha as Prime Minister.
In case no single party or alliance sets a majority, the President appoints the person most likely to secure a majority support.
The Prime Minister does not have a fixed tenure.
He continues in power so long as he remains the leader of the majority party or coalition.

Appointment of Minister

After the appointment of the Prime Minister, the President appoints other ministers on the advice of the Prime Minister.
The Ministers are usually from the party or the coalition that has the majority in the Lok Sabha.
The Prime Minister is free to choose ministers, as long as they are members of Parliament.
A person who is not a Member of Parliament can also become a minister.
But such a person has to get elected to one of the Houses of Parliament within six months of appointment as minister.

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.

Cabinet Ministers

Cabinet Ministers are usually top level leaders of the ruling party or parties who are in charge of the major ministries.
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 25 ministers.

Ministers of State with independent charge

Ministers of state with independent charge are usually in-charge of smaller Ministries.
They participate in the Cabinet meetings only when specially invited.

Ministers of State

Ministers of State are attached to and required to assist Cabinet Ministers.

Cabinet form of Government.

Parliamentary democracy in most countries is often known as the Cabinet form of government.
The decisions are taken in Cabinet meetings.
The Cabinet works as a team.
Every ministry has secretaries, who are civil servants.
The secretaries provide the necessary background information to the ministers to take decisions.
The Cabinet as a team is assisted by the Cabinet Secretariat.

Power of the Prime Minister

P.M is a head of the government. He chairs Cabinet meetings.
He coordinates the work of different Departments.
His decisions are final in case disagreements arise between Departments.
He exercises general supervision of different ministries.
All ministers work under his leadership.
The Prime Minister distributes and redistributes work to the ministers.
He also has the power to dismiss ministers. When the Prime Minister quits the entire ministry quits.

Prime Minister controls the Cabinet and Parliament through the party.

The President

The President is the head of the State.
The President supervises the overall functioning of all the political institutions in the country so that they operate in harmony to achieve the objectives of the State.

Election of President

The President is not elected directly by the people.
The elected Members of Parliament (MPs) and the elected Members of the Legislative Assemblies (MLAs) elect her.
A candidate standing for President’s post has to get a majority of votes to win the election.

Power of President

All laws and major policy decisions of the government are issued in her name.
All major appointments are made in the name of the President. These include the appointment of the Chief Justice of India the judges of the Supreme Court and the High Courts of the States, the Governors of the states, the Election Commissioners, ambassadors to other countries, etc.
All international treaties and agreements are made in the name of the President.
The President is the supreme commander of the defense forces of India.
If the President wants, can delay the bill for some time and send the bill back to Parliament for reconsideration.

The Judiciary

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.

Supreme Court controls the judicial administration in the country.

Independence of the judiciary

Means that it is not under the control of the legislature or the executive.
The judges do not act on the direction of the government or according to the wishes of the party in power.

Appointment of Judge

The judges of the Supreme Court and the High Courts 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.

Removal of Judge

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 member of the two Houses of the Parliament.

It has never happened in the history of Indian democracy.

Judiciary in India

The Supreme Court and the High Courts have the power o 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.
Judge 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 the judicial review.
The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.
The powers and the independence of the Indian Judiciary allow it to act as the guardian of the Fundamental Rights.
Anyone can approach the courts if public interest is hurt by the actions of government.
This is called public interest litigation.
The courts intervene to prevent the misuse of the government’s power to make decisions.

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.

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 government and political life in the country.

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.

State: Political association occupying a definite territory, having an organized government and possessing power to make domestic and foreign policies. Governments may change. But the state continues. In common speech, the terms country, nation and state are used as synonyms.

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