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Working of Institutions - Comprehensive Study Material

Brief Overview

  • This chapter examines how democratic institutions function in India, specifically focusing on:

    • The workings of the legislature, executive, and judiciary.
    • A case study of the Mandal Commission's reservation policy, highlighting the intricacies of how significant government decisions are made, implemented, and resolved within a democratic system.

  • The material elucidates the roles, powers, and interrelationships among these institutions which are essential for maintaining democratic governance.

Key Points

  • Democracy and Institutions:

    • Democracy necessitates that rulers work within institutions that adhere to established rules and procedures.

  • Key Institutions:

    • Three main institutions are pivotal in significant decisions:
    • Legislature
    • Executive
    • Judiciary

  • Delays and Consultation:

    • Institutions introduce necessary delays and complications, facilitating broader consultation and preventing hasty decisions.

  • Checks and Balances:

    • The parliamentary system in India provides checks and balances among various branches of government.

  • Role of Judiciary:

    • An independent judiciary serves as the guardian of constitutional rights and ensures fundamental freedoms.

Major Sections and Detailed Content

1. How is a Major Policy Decision Taken? The Case Study: Office Memorandum on Reservations

  • Date of Announcement: August 13, 1990.

  • Official Document: Office Memorandum No. 36012/31/90-Est (SCT) mandated that 27% of vacancies in civil posts and services be reserved for Socially and Educationally Backward Classes (SEBC).

  • Controversial Decision:

    • This decision became one of the most contentious policy decisions in Indian history.
Background: The Mandal Commission
  • Formation: The Second Backward Classes Commission was established in 1979, presided over by B.P. Mandal.
  • Report Submission: The Commission submitted its recommendations in 1980 aimed at the advancement of backward classes, notably advocating for 27% reservation in government jobs for socially and educationally backward classes.
  • Parliament Discussion: The recommendations faced extensive parliamentary discussion over several years prior to any action taken.
The Decision-Making Process
  • Stages Involved:
    1. Presidential Announcement: The President announced the intent to implement the recommendations during his address to Parliament.
    2. Cabinet Decision: The Union Cabinet officially decided to implement the recommendations on August 6, 1990.
    3. Parliamentary Information: Prime Minister V.P. Singh communicated the decision to both Houses of Parliament in a statement on August 7, 1990.
    4. Administrative Implementation: The Department of Personnel and Training drafted the implementation order reflecting the Cabinet decision, secured ministerial approval, and an official signed the order on behalf of the Union Government.

Public Reaction and Controversy

  • National Debate: The announcement incited intense national debate and media coverage, reflecting a spectrum of opinions.

  • Protests: There were widespread protests and counter-protests, some escalating to violence.

  • Arguments:

    • Supporters remarked that the policy addressed historical inequalities and created fair opportunities for underrepresented communities in government employment.
    • Opponents contended that it undermined equality of opportunity for non-backward class candidates who might be more qualified, potentially entrenching caste divisions.

Judicial Resolution

  • Legal Challenges: Opponents challenged the order's validity in court, leading to a consolidation of cases under Indira Sawhney and others Vs Union of India in the Supreme Court.
  • Supreme Court Proceedings:
    • The case was heard by eleven judges, who ruled on the legality of the government order in 1992, ultimately upholding it by a majority decision.
    • The Court directed the government to exclude well-to-do individuals from backward classes from the reservation benefits.
    • Subsequently, a modified Office Memorandum was issued on September 8, 1993, and has been adhered to since.

2. Need for Political Institutions

Why Institutions Matter

  • Governing Functions:

    • Essential functions of government include:
    • Ensuring citizen security.
    • Providing education and health facilities.
    • Collecting taxes and allocating funds for development.
    • Formulating and implementing welfare schemes.

  • Definition of Institutions:

    • Institutions are defined as arrangements within modern democracies that ensure governmental tasks are carried out systematically.
Key Functions of Political Institutions
  • Clarity of Responsibility: Institutions clarify individual responsibilities in governance.
  • Continuity: They ensure continuity of governance even when individuals in significant positions change.
  • Wider Consultation: Institutions facilitate opportunities for broader consultations and prevent rash decisions.
  • Decision-Making Delays: Rules and regulations inherent in institutions may lead to delays, but these complications are crucial for ensuring comprehensive participation in decision-making.

3. Parliament

Function and Importance

  • Central Role: Parliament plays a vital role, as evidenced in the Office Memorandum case by:

    • Discussing the Mandal Commission's report.
    • Being referenced in presidential addresses.
    • Hosting statements by the Prime Minister.
    • Government survival being contingent on parliamentary support.

  • Definition of Parliament:

    • Parliament is described as the assembly of elected representatives that holds supreme political authority on behalf of the populace. At the state level, it is referred to as the Legislature or Legislative Assembly.
Four Main Functions of Parliament
  1. Law Making: Parliament holds ultimate authority to create, amend, or repeal laws.
  2. Control Over Government: In India's parliamentary democracy, government leaders can continue only with the support of Parliament.
  3. Financial Control: Public expenditure requires parliamentary approval before any funds can be used.
  4. Forum for Discussion: Acts as the highest body for debate on public issues and national policies, with the ability to seek information on any matter.
Two Houses of Parliament

  • Lok Sabha (House of the People):

    • Elected directly by the citizenry.
    • Holds the real power on behalf of the populace.
    • Maximum strength of 552 members composed of 530 elected from states, 20 from Union Territories, and 2 nominated by the President.
    • Term of 5 years (with the possibility of earlier dissolution).

  • Rajya Sabha (Council of States):

    • Indirectly elected.
    • Represents states and federal regions.
    • Maximum strength of 250 members: 238 elected and 12 nominated by the President.
    • Permanent body, with one-third of its members retiring every two years, serving 6-year terms.
Comparison of the Houses' Power
  • Despite the Rajya Sabha being termed the "Upper Chamber", the Lok Sabha wields supreme power through:
    1. Ordinary Laws: In cases of disagreement, a joint session is convened where the Lok Sabha's larger membership prevails.
    2. Money Matters: The Lok Sabha's passage of budget or money-related laws cannot be outright rejected by the Rajya Sabha; delays of up to 14 days or suggestions for changes may occur, but rejection is not permitted.
    3. Control Over the Council of Ministers: Only the Lok Sabha can initiate a no-confidence motion, mandating the resignation of the entire Council of Ministers upon majority support.

4. Political Executive

Understanding the Executive
  • Definition: The executive pertains to all entities tasked with the execution of government policies.
    • Common usage of "the government" typically refers to the executive branch.
Categories of Executive

  1. Political Executive:

    • Elected representatives accountable for major policy decisions.
    • Changes with elections.

  2. Permanent Executive (Civil Services):

    • Appointed for long-term service, responsible for the daily administration.
    • Remains constant despite political changes.
Power Dynamics within the Executive
  • Political executives (elected representatives) are deemed more powerful than civil servants due to:
    • Elected ministers are answerable to the public for decisions and policy frameworks.
    • While experts may provide technical counsel, final decisions rest with the ministers based on overarching goals.
    • In large organizations, those with a holistic understanding are prioritized in decision-making.
Prime Minister and Council of Ministers

  • Appointment of Prime Minister:

    • The President of India appoints the Prime Minister, usually the leader of the majority party in the Lok Sabha.
    • In the absence of a clear majority, the President selects someone capable of garnering majority support.

  • Continuous Term: A Prime Minister remains in power as long as they retain majority leadership.

  • Appointment of Other Ministers:

    • The President appoints other ministers on the advice of the Prime Minister, typically from the ruling party or coalition.
    • Non-Members of Parliament can be appointed but must secure election within six months.
Structure of the Council of Ministers
  • Comprises 60-80 ministers across various ranks:
    1. Cabinet Ministers: Lead significant ministries (around 25). Conduct regular meetings to make collective decisions.
    2. Ministers of State with Independent Charge: Manage smaller ministries, invited to Cabinet meetings as necessary.
    3. Ministers of State: Assist Cabinet Ministers.
Cabinet System
  • Represents the inner circle of the Council of Ministers.
  • Often referred to as “Cabinet form of government”.
  • Cabinet functions collaboratively.
  • Ministers must collectively support decisions made; dissent in public is not permitted.
  • The Cabinet Secretariat, consisting of senior civil servants, oversees inter-ministerial coordination.
Prime Minister's Powers
  • Despite limited constitutional details, the Prime Minister possesses significant powers as the head of government:
    • Chairs Cabinet meetings, coordinates departmental work, and resolves disputes