CH 4 WORKING OF INSTITUTIONS

• On August 13, 1990, the Government of India issued an Office Memorandum, creating a new category called Socially and Educationally Backward Classes (SEBC) eligible for 27% job reservation benefits
• The decision to issue the Memorandum involved major functionaries in India:

  • The President, who is the head of the state and the highest formal authority
  • The Prime Minister, who heads the government and takes most decisions in Cabinet meetings
  • Parliament, consisting of the President, Lok Sabha, and Rajya Sabha, where the Prime Minister needs the support of a majority of Lok Sabha members to pass a memorandum
• The Supreme Court of India resolved the dispute over the Office Memorandum in the 'Indira Sawhney and Others Vs Union of India case' in 1992, declaring the order valid
• In modern democracies, institutions play a crucial role in decision-making:

  • Institutions involve meetings, committees, and routines
  • Delays and complications introduced by institutions provide opportunities for a wider set of people to be consulted
  • Institutions make it difficult to rush through a bad decision
• Decisions in Parliament are influenced by discussions on reports, which bring pressure on the government to act. If Parliament does not support a decision, the government cannot proceed with its implementation
• Parliament exercises supreme political authority on behalf of the people
• Parliament is the final authority for making laws in any country
• Those who run the government can take decisions only when they get the support of the Parliament
• Parliaments control all the money that governments have
• The Parliament is the highest forum of discussion and debate on public issues and national policy in any country
• Most large countries divide the role and powers of Parliament into two parts called Chambers or Houses
• One house is usually directly elected by the people and exercises real power on behalf of the people
• The second house is usually elected indirectly and looks after the interests of various states, regions, or federal units
• In India, Parliament consists of 2 houses:

  <|>The Council of States (Rajya Sabha)
• The House of the People (Lok Sabha)
• All laws made in the houses come into force only after receiving the assent of the President
• The Lok Sabha exercises supreme power over most matters
• Any ordinary law needs to be passed by both houses
• In case of a difference between the two houses, the final decision is taken in a joint session where the view of the Lok Sabha is likely to prevail
• Lok Sabha exercises more powers in money matters
• Lok Sabha controls the Council of Ministers
• The political executive is in charge of the execution of government policies
• The political executive is elected by the people for a specific period
• Civil servants are appointed on a long-term basis and assist the political executive in day-to-day administration
• The Prime Minister is appointed by the President and continues in power as long as they remain the leader of the majority party or coalition
• The Prime Minister appoints other ministers on their advice
• The Council of Ministers includes all the Ministers and usually has 60 to 80 Ministers of different ranks
• Cabinet Ministers are top-level leaders in charge of major ministries
• Ministers of State with independent charge are in charge of smaller Ministries
• Ministers of State assist cabinet ministers and ministers of state with independent charge
• The Prime Minister has wide-ranging powers:

  <|>Chairs Cabinet meetings and coordinates work of different departments
• Decisions are final in case of disagreements between departments
• Exercises general supervision of different ministries
• Distributes and redistributes work to the ministers
• Has the power to dismiss ministers
• When the Prime Minister quits, the entire ministry quits
• The President is the Head of the State and supervises the overall functioning of all political institutions in India
• The President is elected by Members of Parliament and Members of the Legislative Assemblies
• All governmental activities take place in the name of the President
• The President appoints the Prime Minister and other key positions on the advice of the Council of Ministers