Executive, Parliament, Judiciary - Structure, Functions, Work Processes | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

1. Definition of Union Government and Administration

• The Union Government refers to the central government of India, which exercises authority over the entire country. It is responsible for the administration and governance of the nation as a whole, including matters of national importance, defense, foreign affairs, and coordination among states. The Union Government is based on a federal system where power is distributed between the central government and the state governments.
• Union Administration refers to the machinery and processes through which the Union Government functions and carries out its responsibilities. It involves various institutions, departments, and agencies that work together to implement policies, provide public services, and ensure efficient governance at the national level.

2. Importance of understanding the structure and functions

Understanding the structure and functions of the Union Government and Administration is crucial for several reasons:

• UPSC Public Administration Exam: For candidates appearing in the UPSC Public Administration exam, knowledge of the Union Government and Administration is a fundamental requirement. Questions related to the structure, functions, and work processes of various branches of government often feature prominently in the exam.
• Governance and Policy Implementation: A clear understanding of the Union Government's structure and functions helps public administrators comprehend the administrative processes involved in policy formulation, implementation, and evaluation. It enables them to contribute effectively to governance and deliver public services efficiently.
• Decision-Making and Coordination: Public administrators need to comprehend how different branches of the Union Government interact and coordinate their activities. This understanding helps in decision-making processes, policy coordination, and effective implementation of government programs.
• Constitutional Framework: The structure and functions of the Union Government are established by the Constitution of India. Familiarity with these provisions helps public administrators ensure compliance with constitutional requirements and uphold the principles of democratic governance, rule of law, and separation of powers.
• Effective Communication and Collaboration: Knowledge of the Union Government's structure and functions facilitates effective communication and collaboration between different levels of government, departments, and agencies. It enables public administrators to navigate the administrative hierarchy and work harmoniously with colleagues and superiors.
• Public Accountability: Understanding the structure and functions of the Union Government aids public administrators in fulfilling their accountability towards the public. It enables them to explain government policies, respond to public queries, and address grievances effectively.

Executive

1. Structure of the Executive:

A. President of India

• The President is the ceremonial head of the state and the highest constitutional authority in India.
• The President is elected by an electoral college composed of members of both houses of Parliament and the State Legislative Assemblies.
• The President represents the nation, appoints various constitutional positions, and assents to laws passed by Parliament.

B. Prime Minister

• The Prime Minister is the head of government and the chief executive of the country.
• The Prime Minister is appointed by the President but is usually the leader of the political party or coalition with a majority in the Lok Sabha (Lower House of Parliament).
• The Prime Minister is responsible for leading the government, formulating policies, and making important decisions.

C. Council of Ministers:

• The Council of Ministers consists of senior ministers who are appointed by the President on the advice of the Prime Minister.
• The Council of Ministers is responsible for implementing government policies, overseeing ministries, and carrying out day-to-day governance activities.
• Ministers are assigned specific portfolios and are accountable for the functioning of their respective ministries.

D. Cabinet Committees

• Cabinet Committees are smaller groups of ministers formed to deal with specific issues and facilitate decision-making.
• The Cabinet Committees are headed by the Prime Minister and consist of selected ministers.
• Examples of Cabinet Committees include the Cabinet Committee on Economic Affairs, Cabinet Committee on Security, and Cabinet Committee on Political Affairs.

2. Functions of the Executive

A. Head of State and Head of Government

• The Executive serves as both the Head of State and the Head of Government. The President represents the country externally, while the Prime Minister leads the government internally.

B. Formulation and implementation of policies

• The Executive is responsible for formulating policies that address the nation's socio-economic and political challenges.
• Policies are developed through consultations, expert advice, and coordination with relevant ministries and stakeholders.
• Once policies are formulated, the Executive ensures their effective implementation.

C. Administrative decision-making

• The Executive takes important administrative decisions concerning governance, public services, resource allocation, and other significant matters.
• These decisions are made based on the analysis of available information, consultations with experts, and consideration of public interest.

D. Executive powers and responsibilities

• The Executive possesses powers and responsibilities conferred by the Constitution and relevant laws.
• These powers include the appointment and removal of key officials, promulgation of ordinances, implementation of laws, and maintenance of law and order.

3. Work Processes of the Executive

A. Policy formulation and planning

1. The Executive initiates the process of policy formulation by identifying key issues, conducting research, and seeking inputs from various stakeholders.
2. Planning involves setting objectives, defining strategies, and allocating resources to achieve policy goals.

B. Administrative coordination and control

• The Executive ensures coordination among different ministries and departments to achieve policy objectives.
• It establishes mechanisms for inter-ministerial cooperation, communication, and coordination to enhance efficiency and effectiveness.

C. Implementation and monitoring of policies

• The Executive is responsible for implementing policies by translating them into actionable programs and projects.
• It monitors the progress and outcomes of policy implementation, identifies bottlenecks, and takes corrective measures as necessary.

D. Interaction with other branches of government

• The Executive interacts with the Legislature and the Judiciary, fostering a system of checks and balances.
• It presents policy proposals, budgets, and reports to

E. The Legislature for review and approval

• The Executive also implements and enforces judicial decisions and cooperates with the Judiciary to ensure the rule of law.

Understanding the structure, functions, and work processes of the Executive is crucial for candidates studying Public Administration as it provides insights into the dynamics of governance, policy-making, and administrative decision-making in the Union Government.

Parliament

1. Structure of Parliament

A. Rajya Sabha (Council of States)

• Comprises members who are indirectly elected by the elected members of the State Legislative Assemblies.
• Represents the interests of the states and union territories of India.
• Consists of a maximum of 250 members, with 238 members representing the states and union territories and 12 members nominated by the President.
• The Vice President of India is the ex-officio Chairman of the Rajya Sabha.

B. Lok Sabha (House of the People)

• Comprises members who are directly elected by the eligible voters in their respective constituencies.
• Represents the people of India.
• Currently consists of 545 members, including two nominated members from the Anglo-Indian community.
• The Speaker of the Lok Sabha presides over its sessions.

C. Speaker, Deputy Speaker, and Presiding Officers

• The Speaker of the Lok Sabha is the presiding officer and is elected by the members of the Lok Sabha.
• The Deputy Speaker assists the Speaker in the conduct of parliamentary proceedings.
• The Chairman of the Rajya Sabha is the presiding officer of the Rajya Sabha.
• The Vice Chairman assists the Chairman in the conduct of Rajya Sabha proceedings.

D. Parliamentary Committees

• Various committees are constituted in Parliament to undertake specific functions, such as examination of bills, oversight of the executive, and scrutiny of public policies.
• Standing Committees: Permanent committees that focus on different areas like finance, home affairs, external affairs, etc.
• Select Committees: Ad hoc committees formed for a specific purpose, usually to examine and report on a particular bill.
• Joint Committees: Committees that consist of members from both the Lok Sabha and Rajya Sabha.

2. Functions of Parliament

A. Legislation and lawmaking

• Parliament is responsible for enacting laws and amending existing laws.
• Bills introduced in either House of Parliament go through a process of discussion, debate, and voting before they are passed and become laws.

B. Oversight and scrutiny of the Executive

• Parliament exercises control over the executive branch of the government.
• Members of Parliament question ministers, raise issues of public importance, and seek explanations from the government on various matters.

C. Budgetary control and financial oversight

• Parliament scrutinizes the budgetary proposals presented by the government and approves the annual budget.
• It ensures that public funds are allocated and spent appropriately by the government.

D. Representation and voice of the people

• Parliament serves as the forum for representing the interests and concerns of the people.
• Members of Parliament represent their constituencies and bring forward issues and grievances faced by the people.

3. Work Processes of Parliament

A. Introduction and passage of bills

• Bills are introduced in either House of Parliament and go through multiple stages, including readings, debates, and voting, before they are passed.
• Both Houses must agree on the content of the bill for it to become law.

B. Question Hour and debates

• During Question Hour, Members of Parliament can ask questions of ministers and seek clarifications on various matters.
• Debates are conducted on important issues, and members express their opinions, present arguments, and discuss different perspectives.

C. Committee system and reports

• Parliamentary committees play a crucial role in examining bills, scrutinizing government actions, and preparing reports.
• Committees conduct detailed inquiries, study specific subjects, and make recommendations for improving policies and legislation.

D. Voting and decision-making procedures

• Voting takes place during the passage of bills, adoption of resolutions, and other important matters.
• Members express their views and cast their votes either through voice voting, division, or electronicvoting systems.
• Decisions are made based on the majority view, and the presiding officer announces the outcome.

Judiciary

1. Structure of the Judiciary

• The Supreme Court is the highest judicial body in India.
• It consists of a Chief Justice of India and a maximum of 34 judges.
• The Supreme Court has original jurisdiction over disputes between the central government and the state governments, as well as between different states.
• It also serves as the appellate court, hearing appeals from the High Courts and other tribunals.

B. High Courts

• Each state in India has its own High Court.
• The High Court is headed by a Chief Justice and consists of several judges.
• It has both original and appellate jurisdiction within its respective state.
• The High Court is responsible for hearing appeals from lower courts, issuing writs, and exercising supervisory jurisdiction over lower courts.

C. District Courts

• District Courts are established in each district of India.
• They are presided over by District Judges who are responsible for the administration of justice in their respective districts.
• District Courts have original jurisdiction in civil and criminal matters within their territorial jurisdiction.
• They also hear appeals from subordinate courts located within the district.

D. Subordinate Courts

• Subordinate Courts, also known as lower courts, are located at the taluka or tehsil level.
• These include courts such as Civil Courts, Sessions Courts, and Magistrate Courts.
• Subordinate Courts handle cases at the local level and have limited jurisdiction depending on the nature and gravity of the offense or dispute.

2. Functions of the Judiciary

The judiciary in India performs several key functions to uphold justice and protect the rights of citizens. These functions include:
A. Adjudication of disputes and interpretation of laws

• The primary role of the judiciary is to resolve disputes and provide legal remedies to individuals or entities involved in conflicts.
• It interprets laws, legal provisions, and constitutional provisions to determine the rights and obligations of the parties involved.

B. Protection of fundamental rights

• The judiciary safeguards the fundamental rights guaranteed to citizens by the Constitution of India.
• It ensures that these rights are not violated by any entity, including the government.
• The judiciary can issue writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto to protect these rights.

C. Judicial review and constitutional interpretation:

• The judiciary has the power of judicial review to examine the constitutionality of laws, executive actions, and governmental policies.
• It ensures that laws and actions are in accordance with the provisions of the Constitution.
• Through constitutional interpretation, the judiciary defines the scope and meaning of constitutional provisions.

D. Role in upholding the rule of law

• The judiciary plays a vital role in upholding the rule of law by ensuring that laws are enforced and justice is delivered impartially.
• It provides a mechanism for individuals to seek legal redress, resolve disputes, and hold violators accountable.
• The judiciary acts as a check on the exercise of power by the executive and legislative branches.

3. Work Processes of the Judiciary

The work processes of the judiciary involve various stages and procedures that facilitate the resolution of disputes and the delivery of justice. These processes include:
A. Filing of cases and jurisdiction

• Individuals or entities file cases in the appropriate court depending on the nature and jurisdiction of the dispute.
• Jurisdiction determines the authority of a court to hear and decide a particular case based on factors such as territorial limits and subject matter.

B. Hearing and examination of evidence

• Once a case is filed, it goes through the process of hearings.
• During hearings, the parties present their arguments and evidence to support their claims.
• The court examines the evidence, listens to oral arguments, and allows cross-examination of witnesses to ascertain the facts of the case.

C. Judgment and pronouncement of orders

• After considering the arguments and evidence presented, the court arrives at a decision or judgment.
• The judgment reflects the court's findings, legal reasoning, and the relief granted or denied.
• The court may also issue orders, directives, or injunctions to enforce its decision.

D. Appellate process and legal precedents

• Parties dissatisfied with the judgment of a lower court can appeal to a higher court.
• The appellate process involves a review of the lower court's decision, including the examination of legal arguments and records of the case.
• Legal precedents, including judgments of higher courts, play a crucial role in guiding the decision-making process and establishing legal principles.

Interactions between the Executive, Parliament, and Judiciary

1. Checks and balances between branches

This section focuses on the system of checks and balances that exists among the three branches of government: the Executive, Parliament, and Judiciary. The purpose of these checks and balances is to prevent any one branch from becoming too powerful and to ensure a balance of power in the governance of the country. Examples of checks and balances include:

• Legislative Oversight: Parliament exercises oversight over the Executive by scrutinizing its actions, questioning ministers, and conducting inquiries through parliamentary committees. This ensures accountability and transparency in the Executive's functioning.
• Executive Veto Power: The Executive, particularly the President, has the power to veto or reject legislation passed by Parliament. This power acts as a check on the legislative branch, preventing the enactment of laws that may be unconstitutional or against the interests of the nation.
• Judicial Review: The Judiciary has the authority to review the actions and decisions of the Executive and the Parliament to ensure their conformity with the Constitution. If a law or government action is found to be unconstitutional, the Judiciary can strike it down, thereby providing a crucial check on the other branches.

2. Separation of powers and accountability

This section explores the concept of separation of powers, which refers to the division of government functions and powers among the three branches: the Executive, Parliament, and Judiciary. The separation of powers helps prevent the concentration of power in a single branch and ensures a system of checks and balances.

• Executive: The Executive branch is responsible for implementing and executing laws. It is accountable to Parliament and the Judiciary for its actions and decisions. The Prime Minister and Council of Ministers are accountable to Parliament, which can question them on their policies and decisions.
• Parliament: The legislative branch, consisting of Parliament, is responsible for making laws and overseeing the Executive. Members of Parliament (MPs) are accountable to their constituents and are expected to represent their interests and concerns in the legislative process.
• Judiciary: The Judiciary acts as an independent branch, separate from the Executive and Parliament. It ensures accountability by reviewing the actions of the other branches and upholding the rule of law. Judges are independent and make decisions based on legal principles and the Constitution.

3. Role of judicial review in upholding constitutional principles

This section focuses on the role of judicial review, which is the power of the Judiciary to review the constitutionality of laws and government actions. Judicial review plays a crucial role in upholding constitutional principles and ensuring that the actions of the Executive and Parliament adhere to the Constitution.

• Constitution as the supreme law: The Constitution serves as the supreme law of the land, and all laws and government actions must conform to its provisions. The Judiciary acts as the guardian of the Constitution and ensures that the other branches operate within its boundaries.
• Upholding fundamental rights: The Judiciary protects and upholds the fundamental rights enshrined in the Constitution. If any law or action violates these rights, individuals can approach the courts to seek redress and protection.
• Interpretation of laws: The Judiciary interprets laws passed by Parliament to ensure their constitutionality and applicability. It clarifies the meaning and intent of legislation, resolving any ambiguities or conflicts that may arise.

Conclusion

• Recap of the structure and functions of the Executive, Parliament, and Judiciary: In this section, a brief recap is provided summarizing the structure and functions of the Executive, Parliament, and Judiciary. It reinforces the understanding of these branches of government and their respective roles in the governance and administration of the country.
• Importance of their effective functioning for good governance: This section highlights the significance of the effective  functioning of the Executive, Parliament, and Judiciary for good governance. When these branches work efficiently, uphold constitutional principles, and maintain checks and balances, it contributes to a democratic and accountable system of governance.