IX.Civics.Chapter 5.Working of Institution.
Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day1.Period 1.Page 78-79.
Topic :
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Terms
Persons.
Understandings Page.78.
Persons.
Understandings Page.78.
OVERVIEW
Democracy is not
just about people electing their rulers.
In a democracy the rulers have to follow some rules and procedures. They have to work with and within
institutions. This chapter is about the
working of such institutions in a democracy.
We try to understand this by looking at the manner in which major
decisions are taken and implemented in our country. We also look at how disputes regarding these
decisions are resolved. In this process
we come across three institutions that play a key role in major decisions -
legislature, executive and judiciary.
You have already read something about these institutions in earlier
classes. Here we shall quickly summarize
those and move on to asking larger questions.
In the case of each institution we ask: What does this institution
do? How is this institution connected to
other institutions? What makes its
functioning more or less democratic? The
basic objective here is to understand how all these institutions together carry
on the work of government. Sometimes we
compare these with similar institutions in other democracies. In this chapter we take our examples from the
working of the national level government called Central Government, Union
Government, or just Government of India.
While reading this chapter, you can think of and discuss examples from
the working of the government in your state.
Understandings Page.79.
5.1 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.
Like all government orders, it had a number and is known by that: O. M.
No. 36012/31/90 - Est (SCT), dated
13.8.1990. The Joint Secretary, an
officer in the Department of Personnel and Training in the Ministry of
Personnel, Public Grievances and Pensions, signed the Order. It
was quite short, barely one page. It
looked like any ordinary circular or notice that you may have seen in
school. The government issues hundreds
of orders every day on different matters.
But this one was very important and became a source of controversy for
several years. Let us see how the
decision was taken and what happened later.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day2.Period 2.Page 80-81.
Topic :
Topic :
Terms
Persons.
Understandings Page.80.
Persons.
Understandings Page.80.
This Order announced a major policy decision. It said that 27 per cent of the vacancies in civil posts and services under the Government of India are reserved for the Socially and Economically 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 res ervation was till then available only to Scheduled Castes and Scheduled Tribes. Now a new third category called SEBC was introduced. Only individuals who belong to backward castes were eligible for this quota of 27 per cent jobs. Others could not compete for these jobs.
The Decision Makers
Who decided to issue this
Memorandum? Clearly, such a big decision
could not have been taken by the person who signed that document. The officer was merely implementing the
instructions given by the Minister of Personnel, Public Grievances and
Pensions, of which the Department was a part.
We can guess that such a major decision would have involved other major
functionaries in our country. You have
already read in the previous class about some of them. Let us go over some of the main points that
you covered then: 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 two Houses, Lok Sabha
and Rajya Sabha. The Prime Minister must
have the support of a majority of Lok Sabha members.
So, were all these people involved in this decision
regarding the one s Memorandum? Let us
find out.
Which points, other than the ones mentioned above. do you remember about these institution from
the previous class? Discuss in
class.
Can you think of a major decision made by your - state government? How were the Gover nor, the Council of Ministers, the state assembly and the courts involved in that decision?
Can you think of a major decision made by your - state government? How were the Gover nor, the Council of Ministers, the state assembly and the courts involved in that decision?
This Office Memorandum was the
culmination of a long chain of events.
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 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 to be reserved for
the socially and economically backward classes.
The Report and recommendations were discussed in the Parliament.
Read the Image.
Reservation debate was such an important issue during 1990-91 tht advertisers used this theme to sell their products. Can you spot some references to political events and debates in these Amul Butter hoardings.
For Several years, many parliamentarians and
parties kept demanding the implementation of the Commission's
recommendations. Then came the Lok Sabha
election of 1989. In its election manifesto, the Janata Dal promised that if
voted to power, it would implement the Mandal Commission report. The Janata Dal did form the government after
this election. Its leader V. P. Singh
became the Prime Minister several developments took place after that :
Understandings Page.81.
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 August 13, 1990. For the next few months, this was the most hotly
debated issue in the country. Newspapers
and magazines were full of different views and opinions on this
issue. It led to widespread protests and
counter protests, some of which were violent people reacted strongly because
this decision affected thousands of job opportunities. Some felt that existence of inequalities
among people of different castes in India necessitated job reservations. They felt, this would give a fair opportunity
to those communities who so far had not adequately been represented in
government employment others felt that this was unfair as 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. In this chapter
we won't discuss whether the decision was good or not. We only take this example to understand how
major decisions are taken and implemented in the country. Who resolved this dispute? You know that the Supreme Court and the High
Courts in India settle disputes arising out of governmental decisions. Some individuals 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.
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'.
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. At the same time the Supreme Court asked the
government to modify its original order.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day3.Period 3.Page 82-83.
Topic :
Topic :
Terms
Persons.
Understandings Page.82.
Persons.
Understandings Page.82.
It
said that well - to do individuals among the backward classes should be
excluded from getting the benefit of reservation, accordingly, the Department
of Personnel and Training issued another Office Memorandum on September 8, 1993. The dispute thus came to an end and this policy has been followed since then. 
Need for Political Institutions
We have seen one example of how the
government works. Governing a country
involves various such activities for example, the government is responsible for
ensuring security to the citizens and providing facilities for education and
health to all. It collects taxes and
spends the money thus raised on administration, defense and development
programmes. It formulates and implements
several welfare schemes. Some
individuals have to take decisions on how to go about these activities. Others have to implement these decisions. If disputes arise on these decisions or in
their implementation, there should be some one to determine what is right and
what is wrong. It is important that
everyone should know who is responsible for doing what. It is also important that these activities
keep taking place even if the persons in key positions change. So, to attend to 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 Constitution of any country lays down
basic rules on the powers and functions of each
institution. In the example above we saw
several such institutions at work.
Supreme Court is an
institution where disputes between citizens and the government are finally
settled.
Can you think of some other
institutions in this example? What is
their role?
Working with institutions is
not easy. Institutions involve rules and
regulations. This can bind the hands of
leaders. Institutions involve meetings,
committees and routines This often leads to delays an complications. Therefore dealing with institutions can be
frustrating. One might feel that it is
much better to have one person take all decisions without any rules, procedures
and meetings. But that is not the spirit
of democracy. Some of the delays and
complications introduced by institutions are very useful. They provide an opportunity for a broader set
of people to be consulted in any decision.
Institutions make it difficult to have a good decision taken very quickly.
Understandings Page.82.
But they also make it equally difficult to
rush through a bad decision. That is why democratic governments insist on institutions
5.2 PARLIAMENT In the example of the Office Memorandum, do you remember
the role of the Parliament? Perhaps
not. Since this decision was not taken
by the Parliament, you might think that the Parliament had no role in it. But let us go back to the story and see
whether Parliament figures in it. Let us
recall the points made earlier by completing the following sentences:
The President of India mentioned
this in his...
The Prime Minister made a The decision was not directly taken
in the Parliament. But Parliamentary
discussions on the Report influenced and shaped the decision of the
government. They brought pressure on the
government to act on the Mandal recommendation.
If the Parliament was not in favor of this decision, the Government
could not have gone ahead with it. Can
you guess why? Recall what you read
about the Parliament in the earlier school? class and try
to imagine what the parliament could have done if it did not approve of the
cabinet's decision.
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. At the state level this is called Legislature
or Legislative Assembly, the name may vary in different countries, but such an
assembly exists in every democracy. It
exercises political authority on behalf of the people in many ways!
1 Parliament is the final authority for
making laws in any country. This task of
law making or legislation is so important 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 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 Parliaments control all the money that governments have. In most countries any the public money can be
spent only when the Parliament sanctions it.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day4.Period 4.Page 84-85.
Topic :
Topic :
Terms
Persons.
Understandings Page.84.
Persons.
Understandings Page.84.
4 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
Two Houses of Parliament
Since the Parliament plays a central role in
modern democracies, most large countries divide the role and powers of the
Parliament in two parts. They are called
Chambers or Houses. One House is usually
directly elected by the 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 states, regions or federal units.
You have read about the Indian Parliament in
earlier classes. From the Chapter Four
you know how Lok Sabha elections take place.
Let us recall some key differences between the composition of these two
Houses of Parliament. Answer the
following for the Lok Sabha and the Rajya Sabha:
What is the total number of
members?
Who elects the
members?
What is the length of the
term (in years)?
Can the House be dissolved or is it permanent
Which of the two Houses is more powerful? It might appear that the Rajya Sabha is more
powerful for sometimes it is called the 'Upper Chamber' and the Lok Sabha the
'Lower Chamber but this does not mean that Rajya Sabha is more powerful than
Lok Sabha, this is just an old style of
speaking and not the language used in Our Constitution
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 power's 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.
ACTIVITY
When the Parliament is in session, there is a special programme everyday on Doordarshan about the proceedings in Lok Sabha and
Rajya Sabha me note the following:
Powers of the two Houses of Parliament.
Role of the Speaker.
Role of the Opposition
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.
A day in Lok Sabha
7 December, 2004, was an ordinary day in
the life of the Fourteenth Lok Sabha.
Let us take a look at what happened in the course of that day. Identify the role and powers of the
parliament on the basis of the proceedings for the day as given below. You can also enact this day in your
classroom.
11:00 Various ministries gave
written answers to about 250 questions that were asked by members. These included: What is the government's
policy on talking to militant groups in Kashmir? What are the figures of atrocities against
Scheduled Tribes, including those inflicted by the police? What is the government doing about over
pricing of medicines by big companies?
12:00 A large number of official documents were presented and were
available for discussion. These
included:
Recruitment rules for the Indo - Tibetan Border Police Force
Annual
Report of the Indian Institute of Technology, Kharagpur
Report and accounts of
Rashtriya Ispat Nigam Limited, Visakhapattanam
12:02 The Minister of
Development of North Eastern Region made a statement regarding Revitalization
of the North Eastern Council.
The Minister of State for Railways presented
a statement showing the grant needed by the Railways in addition to that sanctioned in the Railway Budget.
The Minister of Human Resource Development introduced the National Commission
for Minority Educational Institutions Bill, 2004. He also gave a statement
explaining why the government had to bring an ordinance for this.
12:14 Several members raised some issues, including: The vindictiveness
of the Central Bureau of Investigation (CBI) in registering cases against some
leaders in the Tehelka case. Need to
include Rajasthani as an official language in the Constitution.
Need to renew the insurance policies of
farmers and agricultural workers of Andhra Pradesh
2:26 Two bills proposed by
the government were considered and passed.
These were:
The Securities Laws (Amendment) Bill.
The Enforcement of
Security Interest and Recovery of Debts Laws (Amendment) Bill
4:00 Finally,
there was a long discussion regarding the foreign policy of the government and
the need to continue an independent
Foreign policy in the context of the situation in Iraq ot 7:17
Discussion attended House adjourned for next day.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day 5.Period 5.Page 86-87.
Topic :
Topic :
Terms
Persons
Persons
Understandings Page.85.
5.3 POLITICAL EXECUTIVE
Do you remember the story of the
Office Memorandum with which we started this chapter? We found out that the person who signed the
document did not take this decision. He
was only executing the policy decision taken by someone else. We noted the role of the Prime Minister in
taking that decision. But we also know
that he could not have taken that decision if he did not have support from the
Lok Sabha. In that sense he was only
executing the wishes of the Parliament.
Thus, at different levels of any government we find functionaries who
take day - to - day 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. Thus,
when we talk about the government 'we usually mean the executive.
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 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. Can you recall the role of political and non
- political executive in the case of the Office
Memorandum?
You might ask: Why does the
political executive have more power than the non-political executive? Why is the minister more powerful than the
civil servant? The civil servant is
usually more educated and has more expert knowledge of the subject. The advisors working in the Finance Ministry
know more about economics than the Finance Minister. Sometimes the ministers may know very little
about the technical matters that come under their ministry. This could easily happen in ministries like Defense,
Industry, Health, Science and Technology, Mining, etc. Why should the minister have the final say on
these matters?
The reason is very
simple. In a democracy the will of the
people is supreme. The minister is
elected by the people and thus empowered to exercise the will of the people on
their behalf. She is finally answerable
to the people for all the consequences of her 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. But very often
experts hold different opinions or place before her more than one option. Depending on what the overall objective is,
the minister decides. Actually this
happens in any large organization. Those
who understand the overall picture take the most important decisions, not the
experts.
Understandings Page.87.
The experts can tell the route, but someone with a larger
view decides the destination. In a
democracy elected ministers perform this role.
Prime Minister and Council of Ministers
Prime Minister is the most
important political institution in the country.
Yet there is no direct election to the post of the Prime Minister. The President appoints the Prime
Minister. But the President cannot
appoint anyone 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 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 continues in power so long as he remains the leader of the majority
party or coalition.
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. Sometimes, 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 the
Parliament within six months of appointment as f Minister Council of Ministers
is the official name for the body that includes all the Ministers. It usually has 60 to SO Ministers of
different ranks.
Read the Cartoon : The race to become minister is not new. here is a cartoon depicting ministerial aspirants waiting to get a berth in Nehru's Cabinet after the 1962 elections. Why do you think political leaders are so keen to become ministers.
Cabinet Ministers are
usually e 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.
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 are attached to and required to assist Cabinet Ministers.
Since it is not practical for all ministers
to meet regularly and discuss everything, the decisions are taken in cabinet
meetings. That is why parliamentary democracy
in most countries is often known as the cabinet form of government. The Cabinet works as a team. The ministers may have different views and
opinions, but everyone has to own up to every decision of the cabinet.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day 6.Period 6.Page 88-89.
Topic :
Topic :
Terms
Persons
Understandings Page.88.
No minister can openly criticize any decision of the
government, even if it is about another ministry or department. 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. This includes many
senior civil servants who try to coordinate the working of different
ministries.
ACTIVITY
List the names
of five Cabinet Ministers and their ministries each at the Union level and in
your state. -
Meet the Mayor or
Municipal Chairperson of your town or the President of Zila Parishad of your
district and ask him or her about how the city, town or district is
administered.
Powers of the Prime
Minister The Constitution does not say very much about the powers of the Prime
Minister or the ministers or their relationship with each other. But as head of the government, the Prime
Minister has wide ranging powers. 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.
Thus, if the cabinet is the most powerful
institution in India, within the cabinet it is the Prime Minister who is the most powerful. Read the Cartoon. The cartoon depicts a cabinet meeting created by Prime Minister in early 1970s,at the peak of her popularity. Do you think similar cartoons could be drawn about other prime ministers who followed her ?
However, in
recent years the rise of coalition politics has imposed certain constraints on
the power of the Prime Minister.
Understandings Page.89.
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 whose support the survival of the government
depends.
The President while the Prime
Minister is the head of the government, the President is the head of the
state. In our political system the head
of the State exercises only nominal powers.
The President of India is like the Queen of Britain whose functions are
to a large extent ceremonial. 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.
The President is not elected directly by the people.
All the Members of Parliament (MPs) and Members of State Legislative
Assemblies (MLAs) elect her. A candidate
standing for President's post has to get a majority of votes to win the
election. This ensures that the
President can be seen to represent the entire nation. At the same time the President can never
claim the kind of direct popular mandate that the Prime Minister can. This ensures that she remains only a nominal
executive.
The same is true of the
powers of the President. If you casually
read the Constitution you would think that there is nothing that she cannot
do. All governmental activities take
place in the name of the 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.
Did you protest when the book referred to the Prime Minister as he ? Have we not had a woman Prime Minister as he ? Why should we assume that all the important provisions are held by men?
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
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Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day 8.Period 8.Page 90-91.
Topic :
Topic :
Terms
Persons
Understandings Page.90.
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.
But we should remember that the President
exercises all these powers only on the advice of the Council of Ministers. The President can ask the Council of
Ministers to reconsider its advice. But
if the same advice is given again, she is bound to act according to it. Similarly, a bill passed by the Parliament
becomes a law only after the President gives assent to it. If the President wants, 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, she has to sign it.
So you may wonder what does the President really do? Can she do anything on her own at all? There is one very important thing she should
do on her own: appoint the Prime Minister.
When a party or coalition of parties secures a clear majority in the
elections, the President, has to appoint the leader of the majority party or
the coalition that enjoys majority support in the Lok Sabha.
When no party or coalition gets a majority in the Lok Sabha,
the President exercises his discretion, the President appoints a leader who in
his 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.
Read the Image.
What is better for a democracy. A Prime Minister who can do whatever he wishes or a Prime Minister who needs to consult other leaders and parties.
the Presidential System
Presidents all over the world are
not always nominal officers like the President of India. In many countries of the world, the President
is both the head of the state and the head of the government. The President of the United States of America
is the most well known example of this kind of President. The US President is directly elected by the
people. He personally chooses and
appoints all Ministers. The law making
is still done by the legislature (called the Congress in the US), but the
president can veto any law. Most importantly,
the president does not need the support of the majority of members in the
Congress and neither is he answerable to them.
He has a fixed tenure of four years and completes it even if his party
does not have a majority in the Congress.
This model is followed in most of the
countries of Latin America and many of the ex - Soviet Union countries, given
the centrality of the President, this system of government is called the
Presidential form of government. In
countries like ours that follow the British model, the parliament is supreme
therefore our system is called the parliamentary system of government.
It is quite common in the US judges to be nominated on the basis of well known political opinions and affiliations. fictitious advertisement appeared in the US in 2005 when president Bush was considering various candidates for nomination to the US Supreme Court.
What does this cartoon say about the independence of the judiciary? Why do such cartoons not appear in our country? Does this demonstrate the independence of our judiciary.
5.4 THE JUDICIARY 
Let us return, one final time, to the story of Office
Memorandum that we started with. This
time let us not recall the story , but imagine how different the story could
have been . Remember , the story came to
a satisfactory end because the Supreme Court gave a verdict that was accepted
by everyone . Imagine what would have
happened in the following situations:
If there was nothing like a Supreme Court in the country. .
Give one reason each to agree that Indian Judiciary is independent with respect to :
If there was nothing like a Supreme Court in the country. .
Even if there was a Supreme Court , if it had
no power to judge actions of the government , Even if it had the power , if no
one trusted the Supreme Court to give a fair verdict.
Even
if it gave a fair judgement , if those who appealed against the Government
Order did not accept the judgement.
ACTIVITY
Follow the news about any major court case in a High Court or the Supreme Court. What was the original verdict? Did the High Court or the Supreme Court change it ? What was the reason ?
Follow the news about any major court case in a High Court or the Supreme Court. What was the original verdict? Did the High Court or the Supreme Court change it ? What was the reason ?
This is why an independent and
powerful judiciary is considered essential for democracies. 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 .
India has an integrated judiciary.
It means the Supreme Court controls the judicial administration in the
country. Its decisions are binding on
all other courts of the country. It can
take up any dispute Between citizens of the country,
Between citizens and
government ; -
Between two or more state
governments ; and -
Between governments
at the union and state level .
It is the
highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of
the High Courts. 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. That is why all modern democracies have courts
that are independent of the legislature and the executive, India has achieved
this. 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.
Home Assignment.
a. Attempt the inside Questions/Answers
b. Understand by your own.
c. Learn them.
d. Keep eyes over figure.
Understandings Page.92.
In practice it now means that the senior
judges of the Supreme Court select the new judges of the Supreme Court and the
High Courts. There is very little scope
for interference by the political executive.
The senior most judge of the Supreme Court is usually appointed the
Chief Justice . 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.
The judiciary in India is also one of the most powerful in the world. The Supreme Court and the High Courts have
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.
Why are people allowed to go to courts against the government's decisions.
Thus they 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. We
shall see in the next chapter that the citizens have a right to approach the
courts to seek remedy in case of any violation of their rights. In recent years the Courts have given several
judgments and directives to protect public interest and human rights. Any one 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.
They check malpractices on the part of public officials. That is why the judiciary enjoys a high level
of confidence among the people ,
Appointment of judges.
Removal of Judges.
Powers of the Judiciary.
-------------------------------------
Raman's Classes
Chapter 5. Working of Institution.
Chapter 5. Working of Institution.
Day 8.Period 8.Page 93.
Topic :
Topic :
Terms
Persons
Understandings Page.93.
GLOSSARY
Coalition government : A
government formed by an alliance of two or more political parties, usually when
no single party enjoys the 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 citicens
and resources of country
Judiciary : An institution empowered to administer
justice and provide 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 country 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 ,
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
Exercises 1 If you are elected as the President
of India which of the following decision can you take on your own ? a Select the person you like as Prime
Minister b Dismiss a Prime Minister who has a majority in Lok Sabha Ask for
reconsideration of a bill passed by both the Houses d Nominate the leaders of
your choice to the Council of Ministers 2 Who among the following is a part of the political executive ? District Collector b Secretary of the
Ministry of Home Affairs Home Minister d Director General of Police 3 Court
Which of the following statements about the judiciary is false ? Every law passed by the Parliament needs
approval of the Supreme b Judiciary can strike down a law if it goes against
the spirit of the Judiciary is independent of the Executive d Any citizen can
approach the courts if her rights are violated Constitution WORKING OF
INSTITUTIONS
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