people or institutions who manage a country. It has three main organs: •LEGISLATIVE •EXECUTIVE •JUDICIARY LEGISLATIVE
• LEGISLATIVE: Make laws for country
It may be organised in two ways: -> Bicameral (Two houses) -> Unicameral (One house) Indian Parliament is bicameral legislature RAJYA SABHA LOK SABHA RAJYA SABHA • Consists of elected members of legislative assemblies of states and other nominated members • Max- 250 Present – 245 (233+ 12) • Tenure : 6 years • 1/3 members retire after every two years LOK SABHA Consists of elected representatives by Indian citizens Total : 545 Tenure: 5 years or when government is dissolved FUNCTIONS OF LEGISLATIVE 1) Express the will of ‘state’ :The 'will of state' in a representative democracy is the will, opinion and sentiments of its citizens and the public issues concerning them. 2) Enact laws: A bill or proposed draft is presented in Parliament. After debate and voting, the bill becomes a law or ‘Act’ when the President gives his assent. A bill can be introduced by a minister which is called a government bill or a member other than minister then it is known as a private members bill. 3) Control over budget:The legislature has control over the budget of the executive (Government) and without its approval the executive cannot spend any money. 4) Check on executive: article 75 (3) of the constitution states that the council of ministers shall be collectively responsible to the house of the people. Motion of no confidence may be moved and passed against the council of ministers in the lok sabha 5) Legislative’s judicial functions: It hears the cases of impeachment of President, Vice President, judges of Supreme Court and High Court and give judgement. 6) Legislature’s administrative functions: Member of both houses elect President and Vice-President. Members of Lok Sabha elects Speaker and Deputy Speaker Members of Rajya Sabha elects Deputy Chairperson TYPES OF LEGISLATIVE ACTS • 'Substantive acts,’ :It refers to body of rules that determines the rights and obligations of individuals and collective bodies or the subject matter of the law e.g. contract law, IPC, law of property etc.; and • ‘Procedural acts', on the basis of the procedure to be followed by the executive and judiciary in implementation of those laws and how the case will proceed. • Repealing acts, are those by which the earlier statutes have been repealed, either because they were replaced by a new act on the matter or having become obsolete. • Amending acts modify/ amend the existing laws taking into account the changing social, political and economic conditions of the country. By following a special procedure, legislature may also amend the Constitution of the country. TYPES OF BILL PESENTED IN PARLAIMENT 1) MONEY BILL: It is related to taxes, borrowings and consolidated funds It includes bills only on matters given in article 110 It can originate only in Lok Sabha 2) CONSTITUTIONAL AMENDMENT BILL: It is related to make changes in the Constitution. Can be presented in either of House And passed by 2/3 majority 3) ORDINARY BILL: It is related to general matters excluding above matters. Can be presented in either of House And passed by simple majority in both HOW THE BILL BECOMES ACT 1) First Reading or Introduction Stage: The bill is introduced in detail with all provisions by the concerned minister or member 2) Second Reading or Discussion Stage: Discussion is made on provisions of bill by members of house. Suggestions and comments can be made. If required can be referred to select committee or joint Committee. After its report, again discussed. 3) Third Reading or Voting Stage: Discussion on the motion that bill is amended and passed. After passing in both houses it is sent to the President for assent. If assent given it becomes an act or law. EXECUTIVE It is a body which implements laws and administers the country. President (De-jure: Nominal head) Vice President Prime Minister (De-facto :Real head) Cabinet of Ministers Administrative officers in different departments FUNCTIONS OF EXECUTIVE 1) INTERNAL AND EXTERNAL ADMINISTRATION: maintaining law and order, handling financial matters, welfare of people, working for economic growth ,foreign affairs etc. 2)LEGISLATIVE FUNCTIONS: frames drafts of bills, orders, by laws etc. 3)FINANCIAL FUNCTIOS: preparing budget, imposing and collecting taxes, expenditure of welfare schemes etc. 4)ENFORCEMENT OF LAWS: Proper implementation of laws 5) JUDICIAL FUNCTIONS: The President has power to grant pardon JUDICIARY It is mainly concerned with interpretation of laws and adjudicating on disputes. SUPREME COURT HIGH COURTS SUBORDINATE COURTS FUNCTIONS OF JUDICIARY 1)TO GIVE JUSTICE: Give justice to aggrieved persons by fair judgements neutrally. It hears the cases of disputes among citizens or citizens and state etc. and decides those cases 2) INTERPRETATION OF LAW: gives detailed clarification where the law is not clear or silent. 3) EXERCISE JURISDICTION: gives judgement on referred cases of civil and criminal nature. Tribunals and other forums also help in deciding cases in specific fields such as motor accident claims consumer protection environmental issues etc. 4) PROTECTION OF FUNDAMENTAL RIGHTS: cases related to violation of Fundamental rights can directly be filed in Supreme Court 5) GUARDIAN OF CONSTITUTION: Can invalidate laws and give advise on constitutional matters Functions of judiciary TO GIVE JUSTICE: Give justice to aggrieved persons by fair judgements neutrally. It hears the cases of disputes among citizens or citizens and state etc. and decides those cases 2) INTERPRETATION OF LAW: gives detailed clarification where the law is not clear or silent. 3) EXERCISE JURISDICTION: gives judgement on referred cases of civil and criminal nature. Tribunals and other forums also help in deciding cases in specific fields such as motor accident claims consumer protection environmental issues etc. Aristotle’s classification of government Key features • Polity is the best form of government • No form of government is static degenerates over a period of time giving place to new one • The reason for this is inequality • The best state would have been constitutional government in which all citizens have access to power. MONARCHY 1) MONARCHY: • Ruled by Monarch or king who is supreme authority • His will ultimately prevails in all matters of governance • In modern democracies, Monarchs are ceremonial heads • They are devoid of key political powers • Example countries: • Saudi Arabia : Absolute monarchy • United Kingdom: constitutional monarchy ARISTOCRACY
• Powers of State in the hands of few people
• Who are chosen on basis of wealth, religious positions etc. • For example in France there was rule of different classes such as nobles, klergy. Priestly class etc. DICTATORSHIP DICTATORSHIP • A single person has absolute power • He occupies this position by force or militarism • He exercises his control in arbitrary manner according to his own will • For example rule of Hitler in Germany • Syria in which totalatarian government DEMOCRACY • The word democratic originated from Greek word Demos meaning people and kratia means in rule that is ‘ruled by a popular vote’ • It is a government ‘of the people, by the people and for the people • Citizens elect their representatives who run the country for their welfare • Government of the people implies equal distribution of political powers among citizens • Government by the people employees participation of all citizens in forming a government • Government for the people implies the rule of government for the promotion of public welfare TYPES OF DEMOCRACY 1) PURE / DIRECT DEMOCRACY: The political power is in hands of citizens to enact legislations by common vote 2) REPRESENTATIVE/ INDIIRECT DEMOCRACY: Citizens elect their representative body for law making and executing PURE DEMOCRACY The political power is in hands of citizens to enact legislations , administrative regulations and elect their public officers by common vote. • In Switzerland the voters meet in open parliament known as federal assembly • INITIATIVE : A specified number of voters prepare a bill for approval by legislature • REFERANDUM: the Bill passed by legislature is forwarded to voters for final rectification • PLEBICITE: on important issues the decision can be taken by votes of people • RECALL: people can call back their representatives if not satisfied. REPRESENTATIVE DEMOCRACY Representative democracy is a form of government in which the people elect officials to create laws and policy on their behalf. The political power remains in the hands of the people through voting rights or suffrage PARLIAMENTARY SYSTEM
Legislative and executive related to each other.
The executive is accountable to the legislative
PRINCIPLE OF COLLECTIVE REPONSIBILITY
the prime minister and his council of ministers work as a team for general conduct of affairs of the government All the ministers stand or fall together in parliament PRESIDENTIAL SYSTEM : The executive is independent of legislative organ for his tenure and actions. The President is elected by citizens for a fixed tenure unless removed by impeachment in the legislature. Example countries: USA, Turkey, Zimbabve etc. Presidential system in United States of America
• The president is elected by the people for a period of four years
• He can be removed only through impeachment • He appoints secretaries and executive heads of departments • They are not members of legislative or Congress and do not take part in legislative discussions or voting • The legislative members are elected separately . • The bills are subject to ratification of the president • But the veto power can be overruled by special majority FORMS OF GOVERNMENT ON THE BASIS OF DISTRIBUTION OF POWERS 1) UNITARY: All powers are given to the central organ which it can delegate to state as its subordinates. No Constitutional division of powers between centre and state. Eg. in Norway , France, China etc. 2) FEDERAL: There is Constitutional division of powers between centre and state Eg. in India, US, Australia etc. CONSTITUTIONAL DIVISION OF POWERS IN INDIA 7th schedule of Indian Constitution provides for distribution of powers in 3 lists: 1) UNION LIST: It contains those matters on which central government can take decisions. It has 100 items including defence, atomic energy, international relations etc. 2) STATE LIST: It contains those matters on which state government can take decisions. It contains 61 items including public health, agriculture , police matters etc. 3) CONCURRENT LIST: It includes the powers and matters which both centre and state government can take decisions. It contains 52 items including criminal law, adoption, transfer of property etc. • # RESIDUARY POWERS: It remains with the central government like taxation , cyber security etc.