Chapter-2 Constitutional Design

Introduction:
Constitution of France:
It is the outcome of political revolution.
Constitution of United States and the Australia:
They are similar to France.
Questions about Constitution:
 Why do all the countries need a constitution?
 How is a constitution drawn up?
 Who designs the constitution of a country?
 What are the values that shape the constitutions in democratic states?
 Once a constitution is accepted, can we make changes later as required by the
changing conditions?
Nelson Mandela (18.06.1918-05.12.2013):
 Nelson Mandela was an anti-apartheid activist in South Africa and the leader of
African National Congress (ANC).
 ‘The Long Walk to Freedom’ is an autobiography of Mandela.
 Mandela was South Africa’s first Black President from 1994 to 1999.
 He received the Nobel Peace Prize in 1993.
 Spent 28 years in Robben Island (South Africa’s most dreaded prison) during his
struggle for freedom and equality.
Democratic Constitution in South Africa:
Struggle Against Apartheid:
 The Europeans entered in South Africa as traders and became the local rulers.
 The whites adopted policies of segregation.
 The ‘non-whites’ were subjected to many restrictions and inhuman practices.
 This was known as apartheid.
 The official policy of racial separation or ill-treatment of blacks followed by the
government of South Africa was called Apartheid.
 Apartheid is also known as Racial discrimination.
 Voting right, living area, train, bus, taxi, hotel, hospital, school, college, library,
cinema hall, theatre, beach, swimming pool, public toilet, church, were all separate
for whites and blacks.
 The coloured (blacks and Indians) fought against the practice of apartheid through
protest marches and strike.
 The African National Congress, an umbrella organization led the struggle against
the system of apartheid.
African National Congress:
 The African National Congress (ANC) was the umbrella organisation that led the
struggle against the policies of segregation in South Africa.
 The ANC, founded in 1912, was the ruling party of South Africa.
 The party led the struggle against apartheid regime of South Africa.
 The party voiced against policies of segregation followed by the government.
 The Communist Party, workers’ unions and sensitive whites joined hands with
African National Congress.
  The party received got massive support of international community.
 Finally, apartheid regime changed their policies.
 The ban on political parties and on media was lifted.
Towards Democracy:
 Nelson Mandela was released after 28 years of imprisonment.
 New national flag was unfurled at midnight of 26.04.1994.
 Apartheid government came to an end.
 Democracy established in South Africa.

Apartheid
→ Democracy

Nelson Mandela – First black President of South Africa

 After establishment of democracy, the new government emphasized to build a new
South Africa based on equality of all races, gender, democratic values, social justice
and human rights.
New Constitution of South Africa:
 After 2 years of discussion and debate they came out with one of the finest
constitutions the world had ever had.
 South Africans had fears because of bitter past, but were also keen to safeguard
their interests.
 Oppressors and oppresses were planning to live together as equals.
 The leaders of South Africa, after two years of discussion, framed the finest
constitution for South Africa.
 Democrats all over the world were inspired by the South African Constitution.
Transformation in South Africa:
Once known for policies of apartheid, South Africa is now seen as the model
of democracy by the entire world.
New Constitution:
The white regime changed its repressive policies and repealed its discriminatory laws.
 Ban on political parties and restrictions on media were lifted.
 The black leaders appealed to fellow blacks to forgive the whites for the atrocities
committed by them.
 There were long sessions of debates and discussions and they searched a solution
to the existing problems.
 It was agreed that everyone should be a part of the solution irrespective of the
differences and whatever they had done or represented in the past.
What is a Constitution:
Thomas Panie – A constitution is not the act of a government, but of a people
constituting a government: and government without a constitution is power without a
right.
 A Constitution is a set of basic rules by which a country is governed.
 Rules for effective functioning of a government, a club, an association, cooperative
society and political parties.
 A constitution is a document containing the set of principles according to which a
state or an organisation is supposed to be governed.
 The constitution reflects the philosophy on which country’s administration works and
expresses the aspirations of the people for creating a good society.
  It serves as the rule book for the government.
 It specifies the powers and limitations of the government and clearly demarcates the
areas of its functioning.
 The constitution lays down the procedures and guidelines on how the government
can be formed.
 It states the rights and duties of the citizens and directs the government to see that
basic rights of the citizens are enforced.
 It thus generates trust and coordination required for unity among the people.
 The constitution also serves as a set of ideals that our society should live by.
Need for a Constitution:
 It generates a degree of trust and coordination that is necessary for different kind of
people to live together.
 It specifies how the government will be constituted, who will have power to take
which decisions.
 It lays down limits on the powers of the government and tells us what the rights of
the citizens are.
 It expresses that aspirations of the people about creating a good society.
 It also defines the responsibilities of these three pillars of the government i.e.,
legislature, executive and judiciary.
 It regulates the relationship between three organs and also with the people.
 It also tells us about the rights and duties of the citizens.
 It limits the powers of the government and tells us about the rights of the citizens.
Justifications:
“The familiarity with political institutions of the colonial rule
helped to develop an agreement over the institutional design.”
The familiarity with political institutions of colonial rule helped to develop an agreement
over the institutional design in the following ways.
 The British rule gave voting rights to only a few. Later Election Commission was set
up and voting rights were granted to all.
 Elections were held in 1937 to Provincial Legislatures and Ministries were formed all
over British India. The experience gained by Indians in the working of these
institutions proved to be very useful for the country in setting up its own institutions
and working in them.
 The Indian Constitution adopted many institutional details and procedures from
colonial laws like the Government of India Act, 1935.
 The ideals of French Revolution, practice of Parliamentary democracy in Britain and
Bill of Rights in the US inspired us to set up fundamental rights and duties.
 The political institutions of the colonial rule are not just copied. They are questioned
at every
step to suit our nation’s conditions and set-up. In a way they serve as a blueprint for
setting up our institutions.
“India emerged as independent country amidst heavy turmoil.”
To make a constitution for a huge and diverse population like India was not an easy
affair. The following factors contributed to the making of our constitution:
 A constitution drafted by Motilal Nehru and other Congress leaders in 1928, gave an
insight of what an Indian Constitution should look like.
 The people of India were emerging from the status of subjects to that of citizens.
  The country had a traumatic experience of Partition based on religious identities.
There was a need to ensure unity. It was thus necessary to frame guidelines that
could give equal. representation to each section of the society.
 The rulers of the princely states were free to decide whether they wanted to merge
with India or Pakistan or remain independent.
 The familiarity with the political institutions of colonial rule also played an important
role in urging the leaders to develop a document containing the format on how the
affairs of India would be carried on.
 The leaders were vested with the responsibility of transforming society and politics. A
well-defined political model was to be adopted that suited the Indian conditions. This
could only be achieved through a set of guidelines to the elected members on the
governance.
 India faced the challenge of social discrimination. Principles like equality, liberty and
justice irrespective of caste, class and religion were required to cope with this
challenge.
Indian Constitution:
 Indian constitution is one of the lengthiest constitutions in the world.
 It was drafted by Constituent Assembly with 299 members in almost 3 years.
 In original constitution, there were 395 articles and 8 schedules.
 India is a “BI-CAMERALISM” country.
 Bi-cameralism is the political system consisting of two legislative chambers.
 One of the guiding values of the constitution is sovereignty which means people
have the supreme right to make decisions.
 ‘Republic’ in consent to our constitution means Head of the state is an elected
person.
 All of us should behave as if we are members of the same family. No one should
treat a fellow citizen as inferior. This defines a word given in Preamble of our
Constitution which is Fraternity.
 In Indian Constitution, the Secular means citizen have complete freedom to follow
any religion.
 There are no unreasonable restrictions on the citizens in India, in what way they
think, how they wish to express their thoughts. This means they enjoy Liberty.
Path to Indian Constitution:
 Indian freedom struggle was not just against foreign rule but an attempt to transform
society and politics as well.
 Leaders of the freedom movement were clear that their country should be
democratic.
 Initially, there were differences regarding the path to be adopted after independence.
 However, some of the basic ideas were accepted by all.
 The Constitution of India was drawn up under difficult circumstances.
o Independent India
o Partition of India
o Merger of the Princely States
 Idea of Constituent Assembly was first conceived by Mahatma Gandhi in 1922.
 An assembly of people’s representatives that writes a constitution for a country is
Constituent assembly.
  In his words, “Swaraj will not be a free gift of the British Parliament, it will be a
declaration of India’s full self-expression…”.
 A memorandum, outlining a proposed constitution, was drafted in 1928 by Motilal
Nehru, along with eight other Congress members.
 Resolution of 1931 Karachi session of Indian National Congress was a landmark.
 Constituent Assembly was formed as per Cabinet Mission Plan, 1946.
 Dr. Bhimrao Ramji Ambedkar (1891 in Madhya Pradesh – 1956) was the Chairman
of the drafting committee of Indian Constitution, social revolutionary, thinker and
agitator against caste divisions.
 The famous speech given by Pt. Nehru on the eve of Independence Day is known as
Tryst with Destiny.
 The basic values accepts before setting up of the Constituent Assembly:
o Universal Adult Franchise
 It is the extension of the Right to Vote to adult citizens as a whole
without any discrimination
o Right to Freedom and Equality
o Protection of the Rights of the Minorities
 Constituent Assembly was set up in December 1946 with a purpose to frame Indian
Constitution.
 The Assembly was dominated by the Congress members.
 Granville Austin pointed out that the Constituent Assembly was the Congress and
the Indian National Congress was India.
 Along with framing of the constitution, Constituent Assembly had to decide the
nature of state’s structure.
 No disagreement regarding goals to be achieved; social justice, unity, integrity and
democracy.
 Conflict arose on the question of priority to be given to each goal.
 The Indian Constitution was adopted on 26 November 1949.
 But it came into effect on 26 January 1950.
 The features of Indian Constitution were borrowed from different countries.
 They were mended and moulded as per our requirements.
Influence of Indian Constitution:
Indian Constitution is influenced by: British Constitution, Australian Constitution,
United States Constitution, Irish Constitution, French Constitution and Canadian
Constitution.
French Constitution:
 Principle of Liberty
 Equality
 Fraternity
Canadian Constitution:
 Quasi Federal Form of Government
 Residual Powers
United States Constitution:
 Charter of Fundamental Rights
 Judicial Review
 Independence of Judiciary
British Constitution:
  Parliamentary forms of Government
 Rule of Law
 Institution of Speaker
 Lawmaking Procedure
Australian Constitution:
 Concurrent List
 Freedom of Trade and Commerce between States
Irish Constitution:
Directive Principles of State Policy
Acceptance of Constitution:
We accept the Constitution made by Constituent Assembly more than six
decades ago because:
 In some other countries, the Constitution is just exists in paper as it is not suitable for
their culture but our constitution is mended and moulded for our culture.
 Constituent Assembly who drafts the Constitution is elected by the people, so that
they can trust their drafting.
Philosophy of Indian Constitution:

Demo
cracy
Values of Freedom
Struggle

 Philosophy of Indian Constitution form basis of Indian democracy and are

incorporated in the Preamble of the Indian Constitution.
 An introductory statement in a constitution which states the reasons and guiding
values of the constitution is Preamble.
WE, THE PEOPLE OF INDIA
The constitution has been drawn up and enacted by the people through their
representatives, and not handed down to them by a king or any outside powers.
SOVEREIGN
 People have supreme right to make decisions on internal as well as external matters.
 No external power can dictate the government of India.
SOCIALIST
 Wealth is generated socially and should be shared equally by society.
 Government should regulate the ownership of land and industry to reduce socio-
economic inequalities.
SECULAR
 Citizens have complete freedom to follow any religion.
 But there is no official religion.
 Government treats all religious beliefs and practices with equal respect.
DEMOCRATIC
 A form of government where people enjoy equal political rights, elect their rulers and
hold them accountable.
  The government is run according to some basic rules.
REPUBLIC
The head of the state is an elected person and not a hereditary position.
JUSTICE
 Citizens cannot be discriminated on the grounds of caste, religion and gender.
 Social inequalities have to be reduced.
 Government should work for the welfare of all, especially of the disadvantaged
groups.
LIBERTY
There are no unreasonable restrictions on the citizens in what they think, how they
wish to express their thoughts and the way they wish to follow up their thoughts in action.
EQUALITY
 All are equal before the law.
 The traditional social inequalities have to be ended.
 The government should ensure equal opportunity for all.
FRATERNITY
 All of us should behave as if we are members of the same family.
 No one should treat a fellow citizen as inferior.
Institutional Design:
Constitution embodies Values of preamble
into

Institutional
arrangements
Constitution embodies Values of preamble into Institutional arrangements.
Constitutional Amendment:
 A constitution is not merely a statement of values and philosophy.
 As we noted above, a constitution is mainly about embodying these values into
institutional arrangements.
 Much of the document called Constitution of India is about these arrangements.
 It is a very long and detailed document.
 Therefore it needs to be amended quite regularly to keep it updated.
 Those who crafted the Indian Constitution felt that it has to be in accordance with
people’s aspirations and changes in society.
 They did not see it as a sacred, static and unalterable law.
 So, they made provisions to incorporate changes from time to time.
 These changes are called constitutional amendments.
Importance:
 Constitution is mainly about embodying its values into institutional arrangements.
 It is a long and detailed document. Therefore, it needs to be amended quite regularly
to keep it updated.
 The constitution describes the constitutional arrangements in a very legal language.
 Constitution lays down a procedure for choosing persons to govern the country. It
defines who will and how much power one will have to take which decisions.
  It also puts limits to what the government can do by providing some rights to the
citizens that cannot be violated.
Basic Structure Theory:
 The judiciary advanced the ‘basic structure theory’ in the famous Kesavananda
Bharti case.
 The theory states that any amendment to the constitution made by the parliament is
subject to the basic structure of the Constitution.
 Any amendment that hampers the basic structure of the constitution shall be
rejected.
 Judiciary is the final interpreter for deciding whether an amendment violates the
basic structure of the constitution or not.
 The powers of the Parliament to amend the constitution are restricted through this
theory.
Preamble after 42nd Amendment:
 In the original Constitution, Preamble did not consist of the words Socialist, Secular
and Integrity (although the spirit of the Constitution was secular).
 These words were incorporated in the Preamble of the Constitution after the 42 nd
Amendment Act, 1976.
 This amendment portrays the flexible nature of the Indian Constitution.
Chapter-3 Electoral Politics
Introduction:
 Current population of India in 2014 is around 1.27 billion.
 Do you think in such a populated country, the people could govern directly?
o No, they govern through their representatives.
 Her we will take up this important aspect of democracy.
Election of Representatives:
 This is State assembly election in Haryana in 1987.
 The State had been ruled by a Congress party led government since 1982.
 Chaudhary Devi Lal, then an opposition leader, led a movement called ‘Nyaya Yudh’
(Struggle for Justice) and formed a new party, Lok Dal.
o The symbol of Lok Dhal is Spectacles.
 His party joined other opposition parties to form a front against the Congress in the
elections.
 In the election campaign, Devi Lal said that if his party won the elections, his
government would waive the loans of farmers and small businessmen.
 He promised that this would be the first action of his government.
 The people were unhappy with the existing government.
 They were also attracted by Devi Lal’s promise.
 So, when elections were held, they voted overwhelmingly in favour of Lok Dal and its
allies.
 Lok Dal and its partners won 76 out of 90 seats in the State Assembly.
 Lok Dal alone won 60 seats and thus had a clear majority in the Assembly.
 The Congress could win only 5 seats.
 Once the election results were announced, the sitting Chief Minister resigned.
 The newly elected Members of Legislative Assembly (MLAs) of Lok Dal chose Devi
Lal as their leader.
  The Governor invited Devi Lal to be the new Chief Minister.
 Three days after the election results were declared, he became the Chief Minister.
 As soon as he became the Chief Minister, his Government issued a Government
Order waiving the outstanding loans of small farmers, agricultural labourers and
small businessmen.
 His party ruled the State for four years.
 The next elections were held in 1991.
 But this time his party did not win popular support.
 The Congress won the election and formed the government.
Election:
 In a democracy, the government is run by representatives of citizens.
 Representatives are elected through elections.
 People choose their representatives, at regular intervals, and change them if they
wish to do so.
 This mechanism is called an election.
 In an election, voters choose:
o Representatives who makes laws for them.
o Representatives who form the government and take major decisions.
 Salvador Allende – First elected President of Chile.
 Michelle Bachelet – Elected President of Chile (2006-10).
 Both were considered democratic because they were elected by the people and
served public interests.
 In 1973, Pinochet became the President of Chile after taking over through a military
coup. He ruled as a military dictator for 17 years.
 General Jaruzelski, a Polish military officer and Communist, declared martial law in
Poland in 1981.
 An election held for only one constituency to fill the vacancy caused due to the death
or resignation of a member is called By-election.
 Constituencies called ‘wards’ are made for the election to State Legislative
Assembly.
 Lok Sabha is not a part of the district and local level bodies.
 The term ‘incumbent’ means the current holder of a political office.
A Democratic Election:
 Firstly, everyone should have on vote and every vote should have equal value.
 Secondly, parties and candidates are free to contest elections. Parties should offer
real choice to the voter.
 Thirdly, choice should be offered at regular intervals. Elections must be held
regularly as per constitutional norms.
 Fourthly, candidate preferred by the people should get elected.
 Fifthly, elections should be conducted in a free and fair manner.
Political Competition:
Election is all about political competition:
 Competition at constituency level.
 Among political parties and candidates.
De-merits Of Electoral Competition:
 Competition creates disunity and factionalism.
  Political leaders and candidates often level allegations against one another.
 Leaders use dirty tricks to win elections.
 Electoral fights do not along long term policies to be formulated.
Merits of Electoral Competition:
 Electoral competition provides incentives to political leaders and parties.
 Political leaders raise issues of the common man, which would lead them to
popularity and victory.
 This would help them to win the election process.
System of General Election in India:
Lok Sabha:
 Held once in every five years.
 Held in all constituencies on the same day, or within a few days.
 Termed as general election.
 By election: Election held for one constituency to fill vacancy, caused by death or
resignation of a member.
 In India, elections for Lok Sabha and Vidhan Sabha are held after every five years.
Process of General Election:
 Electoral Constituencies
 Reserved Constituencies
 Voters’ List
 Nomination of Candidates
 Election Campaign
 Polling
 Counting of Votes
Electoral Constituencies:
 Constituency – Group of voters in a specified area who elect a representative to a
legislative body.
 A particular area from where voters elect a representative to the Lok Sabha / Vidhan
Sabha is called as Electoral Constituency.
 Representation to Lok Sabha, State Assembly and local self-governments are based
on population of geographical areas.
 For purpose of elections, the entire country is divided into areas.
 These areas are called Electoral Constituencies.
 One representative from each constituency is elected by the voters of that area.
 For Lok Sabha elections, the country is divided into 543 constituencies.
 Members elected from each constituency are called Members of Parliament or MPs.
 During state elections, each state is divided into a specific number of assembly
constituencies.
 Each elected representative is called a Member of Legislative or an MLA.
 Panchayats and municipalities are divided into several wards during Panchayat or
municipal elections.
 Citizens elect one person from each area to serve as a ward member.
 The number of Lok Sabha constituencies in Uttar Pradesh is 84.
 The number of Lok Sabha constituencies in Delhi is 7.
Reserved Constituencies:
 Every citizen in India has the right to elect his or her representative.
  Our Constitution has a system of reserved constituencies for weaker sections of
people.
 Reservation of seats in Lok Sabha:
o 84 seats for Scheduled Castes
o 47 seats for Scheduled Tribes
 The number of seats reserved for Scheduled Castes in the Lok Sabha is 79.
Voters’ List:
 In a democratic election, the names of people who are eligible to vote is prepared
much before election.
 List called the Electoral Roll.
 Commonly known as Voters’ List.
 Preparing voters’ list is the first step.
 Every person has one vote. Each vote has one value.
 Citizens aged 18 years and above can vote in elections; irrespective of religion,
caste or gender.
Nomination of Candidates:
 In a democratic election, person who is a voter can also be a candidate to contest
the election.
 Candidates contesting elections in Lok Sabha should be at least 25 years of age.
 Political parties nominate their candidates.
 Party candidates get the party symbol and support from their parties.
 Party nomination is called party ticket.
Election Campaign:
 Election Campaign – During elections, political parties put forward their candidates
and arguments to persuade people to vote for their respective candidates and
parties.
 Election campaign takes place between the announcement of the final list of the
candidate and the date of polling.
 Candidates contact their voters.
 Political parties address election meetings.
 Mobilise their supporters.
 Every political party candidate gets a fair and equal chance to compete.
 Slogans given by different political parties:
Slogan Party Leader Election
Garibi Hatao (Remove Congress Lok Sabha election of
Indira Gandhi
poverty) party 1971
Jayaprakash Lok Sabha election of
Save Democracy Janata Party
Narayan 1977
Left Front West Bengal Assembly
Land to the Tiller Jyoti Basu
Party election of 1977
Andhra Pradesh
Protect the Self-Respect Telugu Desam
N.T. Rama Rao Assembly election of
of the Telugus Party
1983
 Election law:
o Candidates cannot threaten or bribe voters.
o Candidate also cannot approach the voter in the name of caste or religion.
o Candidates cannot use government resources for election campaign.
 o Candidates cannot spend more than ₹ 25 lakh in a constituency for a Lok
Sabha election or ₹ 10 lakh in a constituency in an Assembly election.
 Model Code of Conduct:
o A candidate cannot use any place of worship for election campaigns.
o Candidate also should not use government vehicles and officials for election
campaign.
o Once the election dates are announced, the ruling party government should
not introduce any new project or make any promises of providing public
facilities.
 In India, the losing parties needn’t refuse to accept the electoral verdict.
Polling:
 Final stage of election when voters cast or ‘poll’ their votes.
 The day of election is called ‘Polling day’.
 Polling booths are located in a local school or government office.
 During polling, voters carry their ID-card to the booth.
 Election officials check the ID-card, put an indelible ink mark on the voter’s finger
and allow them to vote.
 An agent of each candidate is present inside the polling booth and ensures that the
voting takes place in a fair way.
Ballot Paper:
 A sheet of paper on which the names of the contesting candidates, along with the
party name and symbols, are given.
 Before introduction of EVMs, people used to mark their vote by stamping next to
their choice on the ballot paper.
EVM:
 Now, Electronic Voting Machines are used.
 Names of the candidates and party symbols are visible on the machine.
 Voters press the button against the candidate’s name.
Counting of Votes:
 After the election, the EVMs or ballot boxes from each constituency are opened and
votes are counted.
 Candidates who contested the elections are present there to ensure that the
counting is done property.
 Candidate securing highest number of votes from a constituency is declared winner,
 With the declaration of results of all constituencies, clarity of who will form the next
government appears.
What makes Elections in India Democratic:
Election Commission Of India:
 Election Commission is a permanent constitutional body.
 Chief Election Commissioner and other Election Commissioners are appointed by
the President of India.
 This body conducts the election.
 When on election duty, under this body’s control the whole government officer works.
 The Constitution of India has vested in the Election Commission of India for conduct
of elections of:
o The Parliament
o All State Legislatures
 o Offices of President and Vice-President of India
Functions:
Control and Conduct of the Elections:
Election Commission takes decision on every aspect of conducting and controlling
elections from the time of declaration of elections to the announcement of results.
Code of Conduct:
The Election Commission can implement the code of conduct and punish any party
or candidates guilty of breaking or violating any rule.
Can order the government:
During the period of elections, Election Commission can order the government to
follow its guidelines on matters including transfer of government officials.
Discharges duty:
 During election, Election commission discharges duty to government officials.
 Thus, on election duty, government officers work under the control of election
commission.
Reprimand the government:
 In the present political scenario the Election Commission has expanded its power.
 Now the Election Commission reprimand the government and administration for their
lapses.
 It can even order for repoll.
Popular Participation:
 If elections are conducted in a free and fair manner, then the people will able to
participate with enthusiasm.
 In the last fifty years, voters’ turn-out in UK has declined while in India voters’ turnout
is stable.
o Turnout – Number of percentage of people who cast their votes during an
election.
 In the United States of America, the poor people, Afro-Americans and Hispanics vote
much less than the rich and white people while in India the poor, illiterate and
underprivileged section, vote in larger proportions as compared to the rich class.
 Common people in India feel that through elections they can bring pressure on
political parties to adopt policies and programmes favourable to them.
 The interest of voters in election related activities has been increasing over the
years.
Acceptance of Election Outcome:
 The outcome of elections is the final test of the free and fairness of it.
 If elections are not free or fair, the outcome always favours the powerful.
 In such a situation, the ruling parties do not lose elections.
 Usually, losing party does not accept the outcome of a rigged election.
The outcome of India’s election speaks for itself:
 The ruling parties routinely lose elections in India both at the national and state level.
 In the US, an incumbent or sitting elected representative rarely loses an election. But
in India, about half of the sitting MPs or MLAs lose elections.
 Candidates who are known to have spent a lot of money on buying votes and those
with Known criminal connection often lose elections.
 Except for some disputed elections, the electoral outcomes are usually accepted by
the defeated party as ‘people’s verdict’.
Challenges to free and fair elections:
  Threatening or bribing voters.
 Approaching the voter in the name of caste or religion.
 Using government resources for election campaign.
 Spending more than ₹ 25 lakh in a constituency for a Lok Sabha election or ₹ 10
lakh in a constituency in an Assembly election.
 Using place of worship for election campaigns.
 Using government vehicles and officials for election campaign.
 Introducing new projects or making any promises of providing public facilities by
ruling party government after the announcement of election day.
 Increasing number of candidates with criminal records
 Making fake promises.
 Inclusion of false names and exclusion of genuine names in the voters’ list.
 Misuse of government facilities and officials by the ruling party.
 Rigging on the polling day.
o Rigging – Fraud and malpractices indulged by a party or candidate to
increase its votes.
 Stuffing ballot boxes by a few persons using the votes of others.
 Recording multiple votes by the same person.
 Bribing or coercing polling officers to favour a candidate.
 Candidates and parties with a lot of money enjoy a big and unfair advantage over
smaller parties.
 Candidates with criminal connections have been able to push others out of the
electoral race and to secure a ‘ticket’ from major parties.
 Tickets are distributed to relatives from their families.
 Elections offer little choice to ordinary citizens as major parties are quite similar to
each other, both in policies and practice.
 Smaller parties and independent candidates suffer a huge disadvantage compared
to bigger parties.
Limited Vote System:
 It operates in multi-member constituency countries, such as Spain.
 Voters can cast lesser number of votes than the total number of seats.
 For example, if total number of candidates are five, voters can cast three votes and
should distribute their votes among three candidates.
 This system, formerly used in Italy and Japan, is now discarded in both countries.
Countries with One and Two – Party Systems:
 Countries with One-Party System:
o China
o North Korea
 Countries with Two-Party System:
o United States of America (USA)
o United Kingdom (UK)
Chapter-1 What is Democracy? Why Democracy?
Introduction:
 Democratic and authoritarian Leaders:
o Salvador Guillermo Allende Gossens (29.06.1908 – 11.09.1973) – Chile
o Verónica Michelle Bachelet Jeria (29.09.1951 – age 69) – Chile
 o General Wojciech Witold Jaruzelski (06.07.1923 – 25.05.2014) – Poland
o Kwame Nkrumah (21.09.1909 – 27.04.1972) – Ghana
o Augusto José Ramón Pinochet Ugarte (25.11.1915 – 10.12. 2006) – Chile
Would it be correct to label all these leaders as democratic?
No, it would not be correct to label all these leaders as democratic as some of
them had subverted democracy.
Distinguish between each other:
All these leaders have their own distinct ideology and leadership style. Some
were democratic while others were authoritarian.
Salvador Allende:
 First elected President of Chile in 1970.
 A socialist who introduced various policy reforms to uplift the poor and workers.
Pinochet:
 In 1973, Pinochet became the president of Chile taking over power through a military
coup.
 A military dictator who ruled for 17 years.
General Jaruzelski:
General Jaruzelski, Polish military officer and communist, who declared martial law
in Poland, 1981.
Kwame Nkrumah:
 Nkrumah initially considered as an inspiration for democrats in Ghana, Africa.
 Later, he introduced policies that restricted the freedom of people of Ghana.
Allende and Bachelet made Chile democratic:
Both of these were considered as democratic because:
 Both were elected by the people.
 Served public interest.
 Enjoyed power through ballot rather that bullet.
What is Democracy:
 Every country that holds elections is not democratic.
 In the contemporary world, every government prefers to be labelled as democracy.
 It is important to distinguish between a government that is democratic and the one
that pretends to be democratic. For this purpose, we need to examine various
definitions and bring out its salient features.
 Democracy is the most prevalent form of government in the world today in which the
rulers are elected by the people.
 Participatory democracy strives to create opportunities for all members to make
meaningful contributions to decision making.
 The word ‘Democracy’ has been derived from the Greek word “Demokratia”, in which
“Demos” means ‘people’ and “Kratia” means ‘rule’.
 Abrahim Lincoln (one of the greatest president of USA) defined democracy as
Government:
o Of the people
o By the people
o For the people
 Some forms of government are:
o Democratic government
 o Monarch government
o Dictator government
o Military government
Democratic and Non-Democratic Government:
Democratic Government:
 Definition: It is the rule of the people.
 Meaning: Follows Constitution.
 Characteristic: People choose what is right.
 Power: Lies in people.
 Governance: It allows people to be free.
 Laws: Created by people.
 Freedom: Human rights.
 Equality: All are equal.
 Rulers: People can change.
 Rights: People are free to live.
Non-Democratic Government:
 Definition: It is the rule by the government.
 Meaning: Does not follow any rules.
 Characteristic: Ruler decides what is right.
 Power: Lies in govt.
 Governance: It dominates the people.
 Laws: Created by government.
 Freedom: No rights.
 Equality: Unequal.
 Rulers: People cannot change.
 Rights: Controls the life of people.
Democracy and Dictatorship:
Democracy:
 Definition: It is the rule of the people.
 Meaning: Follows democracy.
 Characteristic: People choose what is right.
 Power: Lies in people.
 Governance: It allows people to be free.
 Laws: Created by people.
 Freedom: Human rights.
 Equality: All are equal.
 Rulers: People can change.
 Rights: People are free to live.
Dictatorship:
 Definition: It is the rule by the dictator.
 Meaning: Does not follow democracy.
 Characteristic: Dictator decides what is right.
 Power: Lies with dictator.
 Governance: It dominates the people.
 Laws: Created by dictator.
 Freedom: No rights.
  Equality: Unequal.
 Rulers: People cannot change.
 Rights: Controls the life of people.
Features of Democracy:
 The features of democracy are:
o Rulers Elected by the People
o Decision making by elected leaders
o Free and Fair Electoral Competition
o Election in regular intervals
o One Person, One Vote, One Value
o Rule of Law and Respect for Rights
Rulers Elected by the People:
 Democracy is a form of government in which the rulers are elected by the people.
 A representative democracy is a system of government in which all eligible citizens
vote on representatives to pass laws for them.
 The government is chosen by the people.
 This is a useful starting point.
 This definition allows us to separate democracy from forms of government that are
clearly not democratic.
 We also elect local and state officials.
 All of these elected officials supposedly listen to the populace and do what's best for
the nation, state or jurisdiction as a whole.
 For a representative democracy to work, there are several conditions that have to be
met.
 First, there has to be an opportunity for genuine competition in the selection of
leadership (if people think that elections are rigged, or predetermined, there can be
no meaningfully honest competition).
 Second, there has to be free communication, both among the people and in the
press.
 Third, voters have to believe that a meaningful choice exists between candidates
and that differences in policy are honestly reflected in each.
Case of Myanmar:
 The army rulers of Myanmar are not elected by the people.
 Those who happen to be in control of the army become the rulers of the country.
People have no say in this decision.
 Dictators like Pinochet are not elected by the people.
 This also applies to monarchies.
Case of Ghana:
 President N.krumah’s rule in Ghana was not democratic.
 They were not chosen by the people.
Case of Nepal:
 The king of Nepal’s rule was not democratic.
 Because the people have chosen them to do so but because they happen to be born
into the royal family.
 It is based on Hereditary king not democratic rulers.
 They rule because they were born into noble families.
Decision making by elected leaders:
 In a democracy the final decision making power must rest with those elected by the
people.
 Elected leaders derive their powers from the constitution.
 This feature is often flouted by governments that pretend to be democracies.
Case of Pakistan:
 General Pervez Musharraf led a military coup in October 1999.
 Overthrew the elected government and declared himself the ‘Chief Executive’.
 Later changed his designation to President.
 Held a referendum in 2002 and got a five year extension.
 Referendum i.e., “Legal Framework Order” was criticized by Pakistani media, human
rights organisation and democratic activists as fraud.
 2002: Musharraf amended the Constitution.
 Passed the order that President can dismiss the national or provincial assemblies.
 National Security Council (NSC), dominated by military officers, was set up by
Musharraf.
 NSC supervised the work of civilian cabinet.
 National Assembly and the Senate members were not given the right to take
decisions.
 Power of decision making rested in the hands of the non-elected members.
 Musharraf and his army officials, who were not elected, enjoyed final decision-
making powers.
 Thus, elected parliament was subverted.
 Unlike in Pakistan, in a real democracy, the final decision-making power rests with
those elected by the people.
Free and Fair Electoral Competition:
 A democracy must be based on a free and fair election where those currently in
power have a fair chance of losing.
 In a democratic country, elections offer a fair choice to voters between political
parties. The political party which is in power have a fair chance of losing.
 In a democracy, it is not possible for people to govern directly.
 People govern through their representatives who are elected.
 Elections are the most important feature of any democracy.
 In a democracy, leader derive their power from The constitution of the country.
 Holding elections of any kind is not sufficient.
 Elections must offer a real choice between political parties.
 People must have choice to remove existing rulers.
 Democracy must be based on a free and fair election where parties in power have a
chance of losing.
 If elections are not free and fair, government cannot be called legitimate. People
boycotted 2010 Myanmar elections.
Case of China:
 Election to the Chinese Parliament i.e., National People’s Congress (NPC) are held
every five years.
 Candidates contesting in election should get the approval of the Chinese Communist
party.
 Elections in China do not offer the people any choice.
  NPC consists of 3000 elected members who meet once in a year.
 NPC has power to appoint the President, Vice-President, the Premier and all the
high officials of the country.
 12th National People’s Congress (NPC) is held at the Great Hall of the People in
Beijing, capital of China, March 14, 2013.
 National People’s Congress is the highest organ of the state power.
 Its major functions are to amend the state constitution and enact laws.
 Deputies voted on a draft resolution of the plan of institutional reform and functional
transformation of the State Council during the fourth plenary meeting of the first
session of the 12th National People’s Congress (NPC).
 NPC functions through a permanent body – the Standing Committee.
 Standing committee has the power to “enact and amend laws with the exception of
those which should be enacted by the NPC”.
 It has the legislative powers.
 Leaders of the NPC Standing Committee are influential members of CCP (Chinese
Communist Party).
 Chinese government is always formed by the CCP.
Case of Mexico:
 Mexico is located in North America.
 Mexico holds elections every six years to elect the President.
 Until 2000, every election was won by Institutional Revolutionary Party (PRI).
 Opposition parties were allowed to function, but never managed to win elections.
 PRI won elections through fraud and force.
 Party meetings were made compulsory for government employees.
 Government school teachers motivated parents to vote for the PRI.
 Even media was not independent and ignored the activities of opposition parties and
criticized them.
 Polling booths were shifted by the PRI, in the last minute, to prevent voters from
casting their votes.
 PRI did extensive election campaigns and spent large sums of money.
 Citizen protest in Mexico showing disgust with the political parties by annulling their
votes, 2009.
Election in regular intervals:
 In a democracy, regular elections provide an opportunity to the people to change the
government if it does not act as per the wishes of the people.
 The nature of democracy is that elected officials are accountable to the people, and
they must return to the voters at prescribed intervals to seek their mandate to
continue in office.
 For that reason most democratic constitutions provide that elections are held at fixed
regular intervals.
Case of India:
 Conducted after every five years.
 To elect 545 members for the Lok Sabha.
Case of Pakistan:
 Conducted after every five years.
 May bring a chance of loss to ruling party.
Case of China:
  Conducted after every five years.
 It was always won by Chinese Communist Party (CCP).
Case of Mexico:
 Conducted after every six years.
 Everytime, Government is formed by Institutional Revolutionary Party (PRI).
One Person, One Vote, One Value:
 In a democracy, each adult citizen must have one vote and each vote must have one
value.
 Political equality is the fundamental principle in democracy.
 Based on universal adult franchise.
 Principle of one man, one vote, one value.
 Many democracies do not provide equal political rights to all citizens.
Case of Saudi Arabia:
 In Saudi Arabia, women did not have the right to vote.
 However, King Abdullah allowed women to vote in 2015 local elections.
Case of Estonia:
 Estonia has made its citizenship rules.
 According to that people belonging to Russian minority find it difficult to get the right
to vote.
Case of Fiji:
 Fiji had an electoral system.
 It states that the vote of an Indigenous Fiji has more value than that of an Indian
Fijian.
Rule of Law and Respect for Rights:
 A democratic government rules within limits set by constitutional law and citizen’s
rights.
 Rule of law is the basic principle governing any constitutional democracy. It is a
state of order in which all actions and policies are based on law.
 State should respect the basic rights of the citizens.
 In a democracy, people must have:
o Freedom to think and express.
o Freedom to form association.
o Freedom to protest and to take political actions.
 Everyone is equal before law.
 Independent judiciary protects the rights of citizens.
o Independent judiciary – It means that the execute and legislature must not
restrain the functioning of the judiciary in a way that is unable to justice.
 Parties elected to form the government must respect the basic rules enshrined in the
constitution.
 They must respect rights of the minorities.
o Muslims in France protesting against ban on burqa, April 2011.
 Must take all major decisions through discussion and consultation, so that different
opinions get heard.
 Democracy is a form of government in which people are the rulers. Rulers elected
by the people take major decisions.
 Elections to select the rulers provide fair opportunity to the people to change the
current rulers.
  Choice and opportunity are available to all the people on equal basis.
 The exercise of this choice leads to a government limited by basic rules of the
constitution and citizen rights.
 Equality before law – It is a principle under which each individual is subject to the
same laws and no one enjoys any special privileges. No one is exempt from law.
Case of Zimbabwe:
 Zimbabwe, African National Union attained independence from White minority rule in
1980.
 ZANU-PF, the party that led the independence struggle, and its leader Robert
Mugabe, ruled the country since 1987.
 ZANU-PF – The Zimbabwean African National Union-Patriotic Front is a
Zimbabwean political party. The party ruled the country since independence till
2008. The leader of the party is Robert Mugabe.
 Regular elections are conducted and always won by ZANU-PF.
 President Robert Mugabe enjoyed popular support but also employed unfair
practices in elections.
 His government made several amendments to the Constitution to increase the
powers of the President.
 This made him less accountable.
 Media is controlled by the government and focuses only on ruling party’s ideology.
 Court judgements are ignored by the government and judges are harassed.
Arguments Against Democracy:
Government of the innocent and incompetent:
 It is said that a democratic government is a government of the Incompetent and
ignorant.
 The common man is neither political intelligent nor sufficiently educated.
 Ordinary people don't know what is good for them, so they should not decide
anything.
Instability:
 Democracies are not stable due to frequent change of government and leaders.
 This leads to instability.
More importance to quantity:
 Democracy gives more importance to quantity rather than quality.
 All people are incapable of taking part in government of the country.
 On the polling day a wise man and illiterate are on the same level.
Government of the rich:
 Democracy is a government of the common man but actually it is a government of
the rich.
 The candidates spend lakhs of rupees for winning election.
 The poor man cannot afford to spend so much on elections and hence his right to
contest elections become meaningless.
Corruption:
 Electoral competition leads to corruption.
 Because democracy is based on electoral competition.
Dictator of the majority:
 The majority party may develop despotic tendencies.
 This may be harmful for the development of human personality.
Interest of the people not safeguarded:
 Even elected leaders of the people generally do not know the best interest of the
people.
 Elected leaders do not always represent the true interest of people, leading to
unpopular decisions.
 It leads to bad decisions.
Morality compromisation:
 Morality is compromised for political gains and power play.
 Democracy is all about political gains and power play.
 There is no scope for morality.
Delays:
 Deliberations and consultation lead to delays.
 Many people have to be consulted in a democracy like Legislature, Executive and
Judiciary, etc…
Not magical solution:
 However, democracy is not a solution for all problems.
 It only ensures that people take their own decisions.
 Thus, democracy is not an ideal form of government, it is just better than other forms
of governments.
Why Democracy:
 Arguments in support of Democracy.
 It is more accountable form of government.
 It improve the quality of decision making.
 It provides a method to deal with difference and conflicts.
 It allows us to correct its own mistake.
 It is better than other form of government.
 It is considered the best form of government.
Merits of Democracy:
Presence of opposition will have changed the situation in China:
 China had a worst recorded famine in 1958-61.
 3 crore people died.
 Economic policy of the Chinese government was not able to tackle the situation.
 Communist government did not reverse its policies.
 As China has one party system, there is absence of the opposition party to check the
policies of the ruling party.
 Unchecked economic policies of the Chinese government failed to tackle the food
problem during famine.
 Existence of democracy in India made the government respond to the challenge of
food scarcity.
 If China too had opposition parties and press free to criticize the government, then
so many people may not have died in the famine.
 The famine in China proves why democracy is considered to be the best form of
government.
 China’s case brings up the first merit of democracy, i.e., Responsive Government.
Responsive Government:
 Democratic governments respond to the needs of the people.
  A non-democratic government may not respond to the needs of the people.
Accountability:
 In a democracy, presence of opposition parties and media make the government
answerable for its actions and policies.
 It means being answerable or liable to explanation. It is an important principle of
governance. Accountability is sought in matters or records, funds or documents.
Better Decision Making:
 Democracy is based on consultation and discussion.
 Variety of views and perspectives are considered.
 This reduces the changes of irresponsible decisions.
Accommodates Diversity:
 Democracy provides platform to deal with differences and conflicts.
 India’s social diversity poses the challenge of clash of opinions and interests.
 Democracy allows different groups to negotiated peacefully within the parameters of
the Constitution.
Enhances Dignity of Citizens:
 Every citizen enjoys equal status in a democracy.
 Discrimination on the basis of race, caste religion, gender and language is against
the democratic principle of equality.
 Democracy is better than any other form of government because it allows citizens to
correct their mistakes.
Boarder Meaning of Democracy:
 It is vital to understand the operation of democracy beyond government.
 And distinguish between a democracy and a good democracy.
 This can be done by examining a broader definition of democracy.
True Democracy:
 Sometimes democracy is taken as an ideal standard that all nations must aim to
achieve.
 The ideal enables us to judge an existing democracy and identify its weaknesses.
 Defining democracy helps us to identify a clear set of minimal features that a
democracy must have.
 The most common form that democracy takes in our times is that of a representative
democracy, that has:
o Responsible government.
o Informed and rational deliberations.
o Effective citizen control of government and its policies.
o Equal participation and power to all groups.
 According to this argument against democracy, morality is often comprised because
Leaders often desire for political gains and also indulge in power play.
Insights:
Media in Democracy and Authoritarian State:
 The efficiency of media depends on the type of political system and the
independence enjoyed by media in any country.
 In a democracy with free press and multiple sources of information like television
channels, newspapers and internet, citizens have free access to information.
  Citizens can also scrutinize any information by comparing different perspectives.
 In an authoritarian system with strict government control over media, rulers decide
what is to be published.
 Media in an authoritarian regimes maintains the status quo and is never critical of the
government.
 Example: Cuba, North Korea, Burma, Syria, China.
Success of Indian Democracy:
 India has successfully held sixteen elections. These elections have been conducted
in an environment of fairness and freedom.
 Election after election, we have seen that people’s participation, especially of those
at the lower strata of the socio-economic order has risen.
 This has helped correct the elite bias of India’s democracy.
 The relations between government and army in India have also been quite healthy
and conducive to the spread of democracy.
Chapter-4 Working of Institutions
Introduction:
Separation of Powers:
Division of power between different institutions of the government, i.e., executive,
legislature and judiciary.
Legislature:
 Parliament is a key component of the Legislature.
 An institution of democracy in our country.
Executive:
The Executive comprises the President, the Vice-President, the Prime Minister, his
Cabinet of Ministers, State Governors, Bureaucrats and Civil servants.
Judiciary:
The Judiciary is an another institution in our country.
Working of Institutions:
 Prime Minister, along with his Council of Ministers, especially with Cabinet Ministers,
takes decisions of the government.
 The decision of the government are sent for the approval of the Parliament i.e., the
Legislature.
 Then it is sent to the President for his consent.
 After getting the President’s approval, the bureaucrats or civil servants implement
the decisions as they comprise the Executive.
 Disputes between the citizens and government over any decision are settled by
Supreme Court (the head of the Judiciary in India).
Need for Political Institutions:
 Democracy in any country comprises Legislature, Executive and Judiciary.
 In modern democracy, the government is involved in so many tasks.
 It has to ensure security, education and health facilities to all the citizens.
 It has to collect taxes from the people.
 The taxes collected are utilised for defence, administration and welfare programmes.
 There are several arrangements to perform these tasks.
 Such arrangements are called institutions.
 Each institution functions as per the rules of the Constitution.
  Its working involves meeting, committees and routine works.
Making of Major Policy Decisions:
 Major policy decisions are taken and several institutions work to implement a
particular decision. For e.g.,
o The decision on the job reservation, in civil posts and services, for the Socially
and Economically Backward Classes was decided by the major functionaries
of India.
Major Functionaries:
 The Major Functionaries in our country are the President, the Prime Minister (P.M.)
and his Council of Ministers who are responsible to the LOK SABHA (Not only
individually but collectively as well).
 Also the RAJYA SABHA members has right to ask questions from ministers and
finally the Bureaucrats.
Office Memorandum: O.M.No. 36012/31/90-Est (SCT), dated
13.08.1990:
 Office Memorandum is a communication issue by an appropriate authority stating the
policy or decision.
 Culmination of various chain of events.
 In 1979, the Government appointed Second Backward Classes Commission.
 It was headed by B.P. Mandal.
Office Memorandum:
 Office Memorandum is a communication issue by an appropriate authority stating the
policy or decision.
 It is referred as a Government order or a circular issued by the executive branch.
 It is issued for day to day administration.
 Culmination of various chain of events.
 It is a document typically used for communication within an organization.
 A major policy decision is taken through a government order.
 An order, issued by Government is called an Office Memorandum (OM).
 The major decision involves some major functionaries of our country. They include
the President, The Prime Minister and Parliament.
 Each order contain a special order number with which it can be identified.
 It is a letter containing a statement that is usually written by higher authorities of an
organization for the purpose of sharing information. 
Other events which culminated in the implementation for the job
preservation for Socially and Economically Backward Classes:
 In December 1978, Prime Minister Morarji Desai appointed a five member civil rights
commission under the chairmanship of Mandal.
 Mandal’s Report completed in 1980, recommended that a significant proportion of all
government and educational places be reserved for applicants from Other Backward
Classes.
 Report known as Mandal Commission.
 Its recommendations discussed in the Parliament.
 For several years, parliamentarians and parties demanded implementation of
Commission’s recommendations.
  During 1989 Lok Sabha election, the Janata Dal promised that they would implement
the Mandal Commission’s recommendations if their party was elected to power.
 In the 1989 election, the Janata Dal won the election and formed the government.
 V.P. Singh became the Prime Minister.
Developments during Janata Dal Government:
 President of India (R. Venkatraman [President of India: 1987-92]), in his address to
Parliament announced the intension of the government to implement the
recommendations of Mandal Commission.
 On August 1990, Union Cabinet took a formal decision to implement the
recommendations.
 Prime Minister V.P. Singh informed this decision 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 as per the Cabinet decision.
 The order was then circulated by an officer i.e., by a bureaucrat (permanent political
executive) on behalf of the Union Government.
 Thus, the government order – O.M. No. 36012/31/90 was born on August 13, 1990.
Common People’ Response after the Issue of the Order:
 Public response towards the government policy of creating the job reservation for the
Socially and Economically Backward Classes.
 Newspapers and magazines published different views on this issue.
 Widespread protests and counter-protests.
Supreme Court and High Courts:
 People who opposed the order filed cases in the High Courts and Supreme Court.
 Collectively known as ‘Indira Sawhney and others Vs Union of India case’.
 Eleven judges of the Supreme Court heard arguments of both sides.
 Finally, by a majority, the Supreme Court declared, in 1992, that the order of the
Government of India was valid.
 The Court also asked the government to modify its original order.
 The Court said that well-to-do persons among the Backward Classes should be
excluded from the reservation list.
 Accordingly, the Department of Personnel and Training issue another Office
Memorandum in 1993.
 Since then, the reservation policy has been followed.
The Parliament:
 Parliament is the supreme legislative body of a country.
 Indian Parliament comprises the President and the two houses – Lok Sabha and
Rajya Sabha.
 The President can summon or discontinue either House of Parliament or dissolve
Lok Sabha.
Powers of Parliament:
 It is a law making body.
 Makes new laws, modifies or replaces existing laws.
 Controls working of ruling government.
 Parliament controls the finance of the government.
 It is highest forum of discussion and debate on public issues.
Two Houses of the Parliament:
Lok Sabha: Rajya Sabha:
 House of the People.  Council of States.
 Members directly elected by the people.  Members indirectly elected.
 Ordinary bills are required to be passed by both the Houses.
 In case of difference between the two Houses, a joint session of both the Houses is
conducted to take a final decision.
 Since Lok Sabha has large number of members, its decision is likely to prevail in
such a meeting.
 Money Bills can be introduced only in Lok Sabha.
 If Lok Sabha passes Money Bills, Rajya Sabha cannot reject that.
 If Rajya Sabha does not approve that bill within 14 days, it is deemed accepted by
Rajya Sabha and sent to the President for his consent.
The Lok Sabha controls the Council of Ministers:
 A person who enjoys the majority support of the members in the Lok Sabha is
appointed the Prime Minister.
 If the majority of the members in Lok Sabha say ‘No Confidence’ in the Council of
Ministers, all the ministers, including the Prime Minister, have to quit.
 Rajya Sabha does not have this power.
Political Executive:
o The President
o The Prime Minister
o Council of Ministers
 All the above functionaries are collectively known as The Executive.
 They execute the policies of the government.
Political and Permanent Executive:
Political Executive:
 Leaders elected by people for a specific period and who are responsible to the
people. In a democracy, they are the decision makes. President, Prime Minister
and the Council of Ministers comprise this body.
 Belongs to a political party and is elected directly by the people.
 She or he is a member of one or the other House of Parliament.
 She or he is involved in policy-making.
 Remains in office as long as that person commands confidence of the majority in the
Parliament.
 An administrative head of a government department who is responsible to
Parliament.
 Examples: Prime Minister and Council of Ministers.
Permanent Executive:
 Civil servants who work under the political executive and help them in carrying out
day-to-day administration.
 Mainly comprised Salaried civil servants.
 Are civil heads of Departments.
 Appointed on the basis of their merit.
 Their tenure or office is permanent.
 Under the direction and control of the political executive and provide continuity in
government.
 Examples: Chief Secretary, District Collectors and other administrative staff.
Prime Minister and Council of Ministers:
 Prime Minister is the most important political institution.
 Leader of the majority party or coalition parties that command a majority in the Lok
Sabha.
 Appointed by the President.
 Prime Minister continues in the office so long as his party maintains a majority in the
Lok Sabha.
 President appoints the Council of Ministers on the advice of the Prime Minister.
Council of Ministers:
 Council of Ministers consists of 60-80 ministers of different ranks.
 After 91st Amendment of Indian Constitution, maximum number of the Council is
fixed up to 15% of total strength of Lok Sabha.
 A person who is not a member of the Parliament can also become a Minister,
provided he is elected to any one of the houses, within six months of appointment as
Minister.
Cabinet Ministers:
 Top level leaders of the ruling party.
 In charge of the major ministries.
 Take decisions in the name of the Council of Members.
 It is the inner ring of the Council of Ministers.
 Comprises about 20 ministers.
Ministers of State with Independent Charge:
 Dharmendra Pradham, Minister of State (Independent Charge) for Petroleum and
Natural Gas since May 2014.
 They are in charge of smaller ministries.
 They participate in the cabinet meetings only if they are invited.
Ministers of State:
Ministers of State are required to assist Cabinet Ministers.
Powers of the Prime Minister:
 The Prime Minister is the head of the government with more powers.
 Chairs the cabinet meetings.
 Coordinates the work of different departments.
 All ministers work under his leaderships.
 Prime Minister distributes and redistributes the work to the ministers.
 If she or he quits office, then the entire ministry quits.
Prime Minister – Impact of Coalition Parties:
 Cabinet is the most powerful institution in India.
 Prime Minister controls the Cabinet and Parliament through party.
 In today’s politics, the rise of coalition politics has imposed certain constraints on the
powers of the Prime Minister.
 As the leader of a coalition government, the Prime Minister has to take decisions,
through discussions with his alliance partners.
 He or she has to accept the views of coalition partners and other parties on whose
support the survival of the government depends.
The President:
 The President is the head of the state.
  Exercises only nominal powers.
 Supervises the overall functioning of all political institutions in the country.
Election of the President:
 Elected by the members of an electoral college, constituting of the elected members
of both the Houses (Lok Sabha and Rajya Sabha) of Parliament, and the elected
members of the Legislative Assemblies of States and the Union Territories of Delhi
and Pondicherry.
 President serves for a term of five years.
 Is eligible for re-election any number of times.
 He or she may, be writing to the Vice President, resign from office.
Powers of the President of India:
 Executive Powers
 Legislative Powers
 Judicial Powers
 Emergency Powers
 Financial Powers
Executive Powers:
 President appointments Prime Minister.
 He or she appoints other members of the Council of Ministers on the advice of the
Prime Minister.
 Prime appoints:
o Chief Election Commissioner (V.S. Sampath) and other Election
Commissioners.
o Chairman and other Members of the union Public Service Commission.
o Ambassadors and High Commissioners to other countries.
Legislative Powers:
 President is an integral part of the Union Legislature.
 The President of India summons the Parliament at least twice in a year.
 President discontinues or terminates the sessions of both or any of the Houses of
Parliament.
 He or she opens the first session of the Parliament, after every general election, and
addresses the joint sitting of the Parliament.
Judicial Powers:
Has power to dismiss the judges, if and only if the two Houses of the
Parliament pass resolutions, with two-thirds majority of the members present.
Emergency Powers:
The President of India has power to impose the following emergencies:
 National emergency due to war or external aggression or armed rebellion.
 State Emergency (President’s rule) due to failure of constitutional machinery in
States.
 Financial Emergency: If the President is satisfied that there is a situation in which
the financial stability or credit of India is threatened, he or she can declare financial
emergency.
The Presidents of India and USA – A Comparison:
 Unlike Indian President, President of U.S.A is both the Head of the State and
Government.
 Directly elected by the people.
 Personally chooses and appoints all ministers.
  U.S. President can also veto any law.
 Does not need the support of majority of members in the Congress and neither he is
answerable to them.
 Fixed tenure of 4 years.
 The U.S. system of government is called the Presidential System of Government.
Financial Powers:
 A money bill can be introduced in the parliament only with the president's
recommendation.
 The president lays the Annual Financial Statement, i.e. the Union budget, before the
parliament.
 The president can take advances out of the Contingency Fund of India to meet
unforeseen expenses.
 The president constitutes a Finance commission after every five years to
recommend the distribution of the taxes between the centre and the States.
The Judiciary:
 In a democracy, the judiciary is an independent and powerful institution.
 The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in
the States, District Courts and other lower courts at the local level.
Judiciary resolves disputes between:
 Citizens.
 Citizen and state (government).
 Two or more states.
 Central and the state governments.
The Supreme Court:
 It is the highest judicial body of India.
 Guardian of the Constitution and the highest court of appeal.
 Supreme Court is the guardian and protector of Fundamental Rights.
High Courts:
 A High Court stands at apex of a State’s judicial administration.
 High Court has powers of superintendence over all subordinate courts within its
jurisdiction, namely, the District and Sessions courts and their lower courts.
 Number of judges in a High Court varies from state to state.
 Each High Court has a Chief Justice and other judges which the President may
appoint from time to time.
 Every judge of High Court shall hold office until he attains the age of 62 years.
Judiciary – An Independent Institution:
 Judiciary is independent from the legislature of the executive.
 Judges of the Supreme Court and High Courts are appointed by the President.
 Generally, the senior most judge of the Supreme Court is appointed as the Chief
Justice of India.
 A judge can be removed through impeachment motion, passed separately by two-
third members of both the houses of the Parliament.
Judicial Review:
 The Supreme Court and the High Courts have power to interpret the Constitution.
 They can declare a law as invalid if they find a law as against the Constitution.
  Thus, they can determine the Constitutional validity of any legislation or action of the
executive.
 This is known as the Judicial Review.
Judiciary – The Guardian of the Fundamental Rights:
 The citizens have a right to approach the courts to seek remedy in case of any
violation of their Fundamental Rights.
 Courts have given several judgements and directives to protect public interests and
rights.
 Anyone can approach the courts if public interest is hurt by the actions of the
government.
 This is called is called Public Interest Litigation (PIL).
 Through PIL, the courts prevent the misuse of government’s power to make
decisions.
 They check the malpractices on the part of public officials.
 Judicial activism has been crucial to the protection of individual rights and justice for
the disadvantaged.
 Public interest litigations have been a great boon to the country.
History of Indian Parliament:
Originally known as ‘Council House’, the foundation stone of the Parliament building
was laid by Prince Arthur, Duke of Connaught, third son of Queen Victoria.