Working of Institutions ||Political Science|| Chapter 4 Notes
1. Democracy and Institutions
In a democracy, institutions play a crucial role in shaping the political framework and functioning of the government. These institutions help implement policies, make laws, and uphold the rights of citizens. The major institutions in India include:
- The Legislature (Parliament)
- The Executive (Government)
- The Judiciary (Courts)
Understanding how these institutions work is essential for grasping how democracy functions.
2. The Legislature: Parliament of India
a) Composition of Parliament
The Indian Parliament consists of two houses:
Lok Sabha (House of the People)
- Members are directly elected by the people.
- The Lok Sabha has a maximum of 543 members elected from constituencies across the country.
- Members serve a term of five years, unless the house is dissolved sooner.
Rajya Sabha (Council of States)
- Members are not directly elected by the public; they are elected by the State Legislative Assemblies.
- The Rajya Sabha has a maximum of 250 members, of which 238 are elected and 12 are nominated by the President for their expertise in specific fields.
b) Functions of Parliament
The Parliament of India has several important functions:
Legislative Function
- Parliament is responsible for making laws. A proposed law is called a bill, which must be passed by both houses to become law.
- Bills can be introduced by government ministers (Government Bills) or by any member of Parliament (Private Member's Bills).
Executive Function
- The Parliament holds the executive accountable. It can question the government and demand explanations on policies and decisions.
- The Parliament can pass a no-confidence motion, leading to the resignation of the government if it loses the confidence of the Lok Sabha.
Financial Function
- Parliament has control over public money. The government must get Parliament’s approval for the budget and expenditure.
- The Lok Sabha can introduce money bills, which can only be introduced in the Lok Sabha, not in the Rajya Sabha.
Constituent Function
- Parliament has the power to amend the Constitution. Constitutional amendments require a two-thirds majority in both houses.
Representation Function
- Members of Parliament represent the interests and concerns of the people in their constituencies. They bring issues to the notice of the government.
c) How a Bill Becomes Law
The process of passing a bill involves several steps:
Introduction
- A bill is introduced in either house of Parliament.
Discussion
- The bill is discussed, and members can suggest amendments.
Voting
- After discussion, the bill is voted upon. If a majority supports it, it moves to the other house.
Approval
- The second house may discuss, amend, or reject the bill. If both houses approve it, the bill is sent to the President.
Presidential Assent
- The President can either approve the bill, return it for reconsideration, or withhold assent.
Becoming Law
- Once the President gives assent, the bill becomes law.
3. The Executive: The Government
a) Structure of the Executive
The executive is responsible for implementing laws and running the government. It consists of:
The President
- The ceremonial head of state and the supreme commander of the armed forces.
- The President's role is largely ceremonial, but they play crucial roles, such as appointing the Prime Minister and other ministers.
The Prime Minister
- The Prime Minister is the head of the government and holds the most power in the executive branch.
- The Prime Minister is responsible for formulating policies, making decisions, and leading the Cabinet.
The Council of Ministers
- Composed of various ministers responsible for different departments (e.g., finance, health, education).
- The Council of Ministers assists the Prime Minister in running the government and implementing laws.
b) Functions of the Executive
The executive has several key functions:
Implementation of Laws
- The executive implements the laws passed by Parliament and administers public policy.
Policy Formulation
- The government formulates policies on various issues, including economic development, education, and healthcare.
Budget Preparation
- The executive prepares the annual budget and presents it to Parliament for approval.
Foreign Affairs
- The executive is responsible for managing India’s foreign relations and defense policies.
Administrative Functions
- The executive ensures the smooth functioning of the government machinery, including maintaining law and order.
c) Decision-Making Process
The Prime Minister and the Cabinet make important decisions. They discuss issues, analyze data, and arrive at a consensus. Once a decision is made, it is communicated to the public and implemented by various government departments.
4. The Judiciary: The Court System
a) Structure of the Judiciary
The judiciary is an independent body that interprets the law and ensures justice. It consists of:
Supreme Court
- The highest court in the country, headed by the Chief Justice of India.
- The Supreme Court has the power to interpret the Constitution and adjudicate disputes between the central and state governments.
High Courts
- Each state or group of states has a High Court. High Courts have jurisdiction over civil and criminal cases at the state level.
Lower Courts
- These include District Courts and various Magistrate Courts. They handle local cases and are the first point of entry for most litigants.
b) Functions of the Judiciary
The judiciary plays several vital roles in a democracy:
Interpretation of Laws
- The judiciary interprets laws and provides clarity on their meanings and implications.
Protection of Rights
- The judiciary protects the fundamental rights of citizens and ensures justice is served. It can strike down laws that violate the Constitution.
Dispute Resolution
- The judiciary resolves disputes between individuals, organizations, and the government. It provides a mechanism for enforcing laws and contracts.
Judicial Review
- The judiciary has the power to review laws and executive actions to ensure they comply with the Constitution. If a law is found unconstitutional, the judiciary can declare it null and void.
Safeguarding Democracy
- The judiciary plays a crucial role in maintaining the rule of law and upholding democratic principles.
5. Checks and Balances
To prevent the abuse of power, there are checks and balances between the three branches of government:
a) Legislative Checks
- The legislature (Parliament) can hold the executive accountable through questioning, debates, and no-confidence motions.
- It can also amend laws and oversee the budget.
b) Executive Checks
- The executive can propose legislation and has veto power over certain bills passed by Parliament.
- It also has the authority to appoint judges in higher courts.
c) Judicial Checks
- The judiciary can review the constitutionality of laws passed by the legislature and actions taken by the executive.
- It can issue writs to protect the rights of citizens and hold the government accountable.
6. The Importance of Institutions in Democracy
a) Representation
- Institutions ensure that diverse voices are heard in the decision-making process. Members of Parliament represent their constituents, making governance more responsive to the needs of citizens.
b) Stability
- Strong institutions contribute to political stability. They help in maintaining law and order and resolving conflicts peacefully.
c) Accountability
- Institutions hold the government accountable to the people. They ensure that leaders act in the public interest and make decisions transparently.
d) Protection of Rights
- Institutions, especially the judiciary, protect the rights of citizens. They ensure that individuals have access to justice and that their rights are upheld.
7. Challenges to Institutional Functioning
Despite their importance, institutions in India face several challenges:
a) Political Interference
- There can be political pressure on the executive and judiciary, which may affect their independence and functioning.
b) Corruption
- Corruption within institutions can undermine public trust and hinder effective governance.
c) Inefficiency
- Bureaucratic inefficiency can lead to delays in decision-making and implementation of policies.
d) Underrepresentation
- Certain groups, such as women and marginalized communities, are often underrepresented in institutions, affecting inclusivity.
8. Reforms for Strengthening Institutions
To enhance the functioning of institutions, various reforms are needed:
a) Strengthening the Judiciary
- Increasing the number of judges and modernizing court infrastructure can reduce case backlog and improve access to justice.
b) Electoral Reforms
- Reforms to address the influence of money and muscle power in elections are essential for ensuring fair representation.
c) Administrative Reforms
- Improving bureaucratic efficiency through training, accountability measures, and performance assessments can enhance governance.
d) Promoting Inclusivity
- Ensuring the representation of marginalized groups in Parliament and other institutions can strengthen democracy.
Summary
The chapter on Working of Institutions highlights the crucial role played by various institutions in a democracy. It examines the functioning of the Parliament, the executive, and the judiciary, along with their respective roles and responsibilities. The chapter emphasizes the importance of checks and balances to prevent the misuse of power and ensure accountability. While institutions in India have made significant contributions to democracy, challenges such as political interference, corruption, and underrepresentation remain. Reforms are necessary to strengthen these institutions and promote an inclusive, accountable, and efficient democratic system. Understanding the workings of these institutions is vital for active participation in the democratic process and for safeguarding citizens' rights.