Class 9 Civics Chapter 4 Notes - Working of Institutions

Introduction

This chapter discusses how institutions operate within a democracy. We explore how significant decisions are made and executed in our country. In this context, we identify three vital institutions responsible for major decisions: the legislature, executive, and judiciary. 

We also examine how disputes arising from these decisions are resolved, often resulting in delays and complications. While dealing with institutions can be frustrating, some delays allow for a broader range of people to be included in the decision-making process.

How is a Major Policy Decision Taken?

A Government Order

• On August 13, 1990, the Government of India released an order known as an Office Memorandum, identified by the number O. M. No. 36012/31/90-Est (SCT), dated 13.8.1990.
• The Prime Minister and the Cabinet are responsible for making all significant policy decisions.
• Civil servants work collaboratively to implement the decisions made by the ministers.
• The Supreme Court resolves disputes between citizens and the government.

Working with institutions can be challenging due to the rules and regulations that can limit leaders' actions. There are many meetings, committees, and protocols which often cause delays. While it may seem easier for one person to make all decisions without rules, this contradicts the principles of democracy. Although institutions can slow down decision-making, they also prevent hasty decisions.

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The Decision Makers

Who decided to issue this Memorandum? 
Such a major decision would have involved other major functionaries in India, which involves the following points:

Role of Parliament of India

• The President, who is the head of state and the highest formal authority in India.
• The Prime Minister, who leads the government and makes most decisions in Cabinet meetings.
• Parliament, comprising the President and two Houses, Lok Sabha and Rajya Sabha. The Prime Minister relies on the majority support from Lok Sabha members to pass a memorandum.

Background of Office Memorandum

• In 1979, the Indian government set up the Second Backward Classes Commission, led by B.P. Mandal, to identify socially and educationally backward classes.
• The Commission's report, submitted on December 31, 1980, recommended a 27% reservation in government jobs for backward classes. Parliament debated these recommendations for several years.

Events leading to the implementation of the Mandal Commission report

• In 1989, the Janata Dal party pledged to implement the Mandal Commission report if they won the Lok Sabha election. After their victory, V.P. Singh became the Prime Minister.
• The President of India indicated support for the recommendations in a speech to Parliament. Then, on August 6, 1990, the Union Cabinet officially decided to implement the recommendations.
• On August 7, 1990, Prime Minister V.P. Singh informed Parliament about this decision. Finally, on August 13, 1990, officials from the Department of Personnel and Training drafted an order based on the Cabinet's choice, which was approved by the minister. An officer signed the order for the Union Government, creating O.M. No. 36012/31/90.

Mandal Commission

 Impact and Resolution of the Office Memorandum on Reservation in India

• The passing of the Office Memorandum triggered extensive debate, protests, and anxiety about job opportunities and fairness.
• The Supreme Court addressed the issue in the case of 'Indira Sawhney and others Vs Union of India', upholding the original order but stating that affluent members of backward classes should not receive reservation benefits.
• On September 8, 1993, the Department of Personnel and Training issued a revised Office Memorandum that clarified the policy and resolved the controversy.

Need for Political Institutions

In modern democracies, various arrangements are set up to carry out different functions of the government, which we refer to as institutions. Rulers in a democracy must adhere to specific rules and procedures, working alongside these institutions. 

This section discusses how these institutions operate within a democratic framework. The main goal is to grasp how these institutions collectively manage the responsibilities of government. A democracy functions effectively when these institutions fulfil their designated roles.

• Institutions entail meetings, committees, and established routines, which can often cause delays and complications. As a result, engaging with institutions may become frustrating.
• While some of the delays and complications introduced by institutions can be cumbersome, they also provide a chance for a broader range of individuals to offer input.
• Institutions can slow down decision-making processes; however, they also prevent hasty and poor decisions from being made.

For instance:

• The Prime Minister and the Cabinet are responsible for making all significant policy decisions.
• Civil Servants work collaboratively to implement the decisions made by ministers.
• The Supreme Court resolves disputes between citizens and the government.

Engaging with institutions can be challenging. They involve rules and regulations that may restrict leaders' actions. One might think it would be simpler for a single person to make all decisions without any rules, procedures, or meetings, but that contradicts the essence of democracy.

Understanding the operation of political institutions is vital for the smooth functioning of democracy, ensuring that decisions are made with proper procedures and consideration for all affected parties.

Parliament

The Indian Parliament is an important organ of the Central Government. Let us study its composition and powers.

Parliament of India

Why do we need a Parliament?

• Supreme Political Authority: In democracies, a group of elected representatives holds the highest political authority for the people. In India, this group is known as Parliament, while at the state level, it is referred to as the Legislature or Legislative Assembly.
• Law-making authority: Parliament is the ultimate body responsible for creating laws. This role is so significant that these bodies are called legislatures. Parliaments worldwide can introduce new laws, amend existing ones, or repeal laws entirely.
• Government control: The government can only make decisions as long as it has the support of Parliament, ensuring that its actions align with the people's wishes.
• Financial control: Parliaments oversee all governmental finances. In most nations, public funds can only be spent with Parliament's approval, promoting transparency and accountability.
• Discussion and debate: Parliament serves as the highest forum for discussing important public matters and influencing national policies. It provides a space for debate on issues of public concern.
• Information-seeking: Parliament has the power to request information on any issue, holding the government accountable for its actions.

Two Houses of Parliament

In modern democracies, Parliament plays a crucial role and is often divided into two parts, called Chambers or Houses, in most large countries.

• One House, generally elected directly by the people, holds the main authority on their behalf.
• The second House, often elected indirectly, has specific roles such as representing the interests of various states, regions, or federal units.
• The Indian Parliament consists of two Houses. The Lower House is called the Lok Sabha or the House of the People, while the Upper House is known as the Rajya Sabha or the Council of States.
• The total membership of the Lok Sabha is 545. The President of India can nominate two members from the Anglo-Indian community if they are not adequately represented. (Note: This provision has been abolished as of the 104th Constitutional Amendment Act, 2019.)
• The total membership of the Rajya Sabha is 245. Out of this, 233 are elected by the 28 States and seven Union Territories, while 12 are nominated by the President to represent distinguished individuals in literature, science, art, or social service.
• It may seem that the Rajya Sabha is more powerful since it is often referred to as the 'Upper Chamber', and the Lok Sabha as the 'Lower Chamber.'
• However, this does not mean that the Rajya Sabha has more power than the Lok Sabha; this terminology is simply outdated and not used in our Constitution.

Powers of Lok Sabha over Rajya Sabha

The Lok Sabha holds more power over the Rajya Sabha in several ways:

• In the event of a disagreement between the two Houses on an ordinary law, a joint session is held where members from both Houses meet. Because there are more members in the Lok Sabha, their opinion is likely to carry more weight in such a meeting.
• The Lok Sabha has more authority in financial matters, such as approving the budget or other money-related laws. The Rajya Sabha can only delay this by 14 days or suggest amendments, but cannot reject it. The Lok Sabha may choose to accept or not accept these amendments.
• Crucially, the Lok Sabha controls the Council of Ministers, as only someone with the support of the majority of Lok Sabha members can be appointed as the Prime Minister. If the majority expresses 'no confidence' in the Council of Ministers, all ministers, including the Prime Minister, must resign. The Rajya Sabha does not possess this power.

Furthermore, the President of India is part of Parliament but is not a member of either House. All laws passed in the Houses come into effect only after receiving the President's approval.

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Political Executive

• In various levels of government, there are officials who make daily decisions but do not hold ultimate power representing the people.
• These officials are collectively known as the executive, as they are responsible for the 'execution' of government policies.
• Therefore, when referring to 'the government', we generally mean the executive.

Indian Parliamentary System

Political and Permanent Executive

• In a democratic nation, the executive is made up of two groups: one is elected by the people for a specific term, known as the political executive.
• The political executive includes leaders who make significant decisions.
• The other group is appointed for the long term, referred to as the permanent executive or civil services.
• Individuals in civil services are called civil servants. They remain in position even when the ruling party changes.
• Civil servants assist the political executive in managing daily administration.

Powers of Permanent and Political Executive

• The political executive holds more power than the non-political executive because, in a democracy, the people's will is paramount. 
• Ministers are elected representatives and have the authority to enact the wishes of the legislature members.
• You may wonder why the political executive is more powerful than the non-political executive. Although civil servants often have more education and expertise, such as economic advisors in the Finance Ministry, it is the ministers who make the final decisions, even if they lack technical knowledge in their areas.
• At various levels of government, there are officials who carry out daily decisions but do not wield ultimate authority on behalf of the people. These officials are collectively known as the executive, responsible for executing government policies.
• Regarding the decision on the Office Memorandum, it is likely that such a significant choice involved many key officials. 
• The person who signed it was likely just following the orders from the Minister of Personnel, Public Grievances and Pensions, under whose department it fell.
• The President is the head of state and holds the highest formal authority in the country.

Prime Minister and Council of Ministers

Prime Minister's Role: The Prime Minister leads the government and holds all its powers. While the Prime Minister is a crucial part of the political system, they are not an institution on their own. There is no direct election for this position; instead, the President appoints the Prime Minister. However, the President can only choose the leader of the party or coalition that has a majority in the Lok Sabha.

The Union Council of Ministers is led by the Prime Minister and includes three categories of Ministers:

• Cabinet Ministers: These are the key members of the Council of Ministers with significant portfolios. The Cabinet forms the inner group of the Council.
• Ministers of State with independent charge: They manage smaller Ministries and attend Cabinet meetings only when invited.
• Deputy Ministers: They support the Cabinet Ministers and the Council of Ministers.

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Powers of the Prime Minister

• The Prime Minister oversees various ministries, guiding all ministers. They have the authority to dismiss ministers, and if the Prime Minister resigns, the entire ministry follows suit. Thus, while the Cabinet is a powerful institution in India, the Prime Minister is the most influential within it. 
• Over recent decades, the Prime Minister's powers in parliamentary democracies have expanded, leading some to view these systems as Prime Ministerial governments. 
• Political parties now significantly influence politics, allowing the Prime Minister to control both the Cabinet and Parliament through their party. The term "Council of Ministers" refers to the group that includes all Ministers.
• On the advice of the Prime Minister, the President appoints other ministers.
• The Prime Minister is free to choose ministers, as long as they are members of Parliament.
• He chairs and makes most of the decisions in the Cabinet meetings.
• He coordinates the work of different departments and his decisions are final in case disagreements arise between departments.
• He exercises general supervision of different ministries and all ministers work under his leadership.
• He distributes and redistributes work to the ministers.
• He also has the power to dismiss ministers. When Prime Minister quits, the entire ministry quits.

While the Prime Minister is the head of the government, the President serves as the head of the State. In our political system, the head of the State has only nominal powers. The President oversees the functioning of all political institutions in the country to ensure they work together to meet the State's objectives.

The President

The President is the Head of the State. The President supervises the overall functioning of all the political institutions in India, so that they operate in harmony to achieve the objectives of the state.

President of India

Election of President

The President is not elected directly by the public. A candidate for the President’s position must gain a majority of votes from Members of Parliament (MPs) and the Members of the Legislative Assemblies (MLAs) to win.

Powers of President

1. All government activities occur in the name of the President.
2. All laws and key policies of the government are issued in the President's name.
3. Major appointments, including the Chief Justice of India, Supreme Court Judges, High Court Judges, Governors of states, Election Commissioners, and Ambassadors, are made in the President's name.
4. All international treaties and agreements are made in the President's name.
5. The President is the supreme commander of India's defence forces.

The President exercises these powers only based on the advice of the Council of Ministers. If no party or coalition has a majority in the Lok Sabha, the President uses her discretion. The President appoints a leader who she believes can gain majority support in the Lok Sabha. In these cases, the President may ask the new Prime Minister to demonstrate majority support in the Lok Sabha within a set timeframe. The President can also request the Council of Ministers to reconsider its advice. However, if the same advice is given again, she must follow it.