Notes: Government | Social Studies & Pedagogy Paper 2 for CTET & TET Exams - CTET & State TET PDF Download

It is difficult to define the term ‘Government’ with any fixed meaning, but people may define it in various ways. Generally, government can be understood as a process that is made up of legislators, executives, administrators, and so on to run and function as an existing system. It takes various kinds of decision from local to international level. At local level, we have local governments, and at national level, we have national government, but both are obligatory. 

At international level, we still do not have a good representative international government. In all countries, all works, from basic to higher level, are done by the government. Therefore, many institutions are required to do all these works. These institutions are in various forms. Based on these institutions, we have different forms of government.

• Various kinds of work are associated with government; therefore, it is difficult to provide a simple definition to the government. It is a kind of act and procedure of governing, where public policy is being controlled. It uses various authorities to fulfil many works. It has the responsibility of internal and external security, to generate better health facilities, and to prepare themselves and provide services at the time of natural disasters, such as earthquake, flood, etc. Along with these, there are many other works performed by the government, and it will be difficult to discuss all in this chapter alone here.
• The government can be understood as a system of rule, which makes a system functional. To make a system functional, government not only makes rules but also enforces them too. If a government makes any rules or laws, such as system of signals on roads, then it will also ensure people to follow it and those who do not follow will be punished. Therefore, it is essential for a government to make rules and enforce them. It is also important to mention that in democratic countries, rights are not only in the hand of government, people also have right against government. If one feels that wrong process has been used against him/her, they can take help from judiciary. 

Types of Government

On the basis of power given to take decisions, make rules and laws, and enforce them, different types of government such as democracy, monarchy, aristocracy, dictatorship, republic, democratic republic, and so on can be defined.

• Democracy simply means a governing system where people rule. Actual power and authority reside in people. It may be of various kinds and two of them are direct and indirect. In direct democracy, people actually participate in decision-making process, and therefore, they become more responsible to follow those rules, whereas indirect or representative democracy is an altered version of direct democracy. Increasing population made the direct involvement or participation of people in decision–making process difficult. Therefore, they started electing people through election to make rules behalf of all population. In this form of democracy, people’s representatives are given power by people to govern them. India is considered as the largest democracy in the world. 
• A monarchy system is governed by the rule of a king or queen (emperor). These belong to a family and generations keep continue ruling on the people. All the power resides with king/queen. They are not elected by people, that is, they do not get their power of ruling from people; rather they get it from family. Gradually, scenario has changed, and there is hardly pure monarch system exists in world. They changed and surrendered their power to the people’s elected members such as Britain.
• In an aristocracy system, rules are governed by aristocrats. Aristocrats are the people who are rich and educated. They were so powerful that they had good, strong, and powerful authority in monarch system. They actually rule the system by making laws, and such system is known as aristocracy. When rule is governed by one person of a group, it is known as dictatorship, but it is interesting to note that none of them accepts that they are dictators.

Democracy

In simple terms, democracy is a governing system where decision-making power is in people’s hand or people elect member to take decision behalf of them. Universal adult franchise is one of the important features of democracy, where every persons above 18 years have right to vote. It works on the principle of individual rights and majority rules. It believes in decentralisation of power, so that everyone can play a significant role in governance. It also makes sure that various level of government should be approachable to all people. To break the hegemony, it has necessary condition of timely election, where power resides in people’s hand. Another prime characteristic of education is to protect human rights such as right to speech, right to practice religion, right to freedom, and right to equality. However, what actually a government manages to do is a different matter altogether.

• In the democratic system, majority govern the system. Or it can also be said that the governing power of democracy is with more than half of the people and that may be 51% or 100%. It is also known as popular sovereignty. However, what is important to keep in mind is that 51% does not mean that decision will always be correct. There is a possibility that 49% of people have to suffer for a wrong decision that has been taken by majority. Therefore, rationality and logicality become important need for successful democracy and education is must. Countries with lack of educated people face many difficulties to make a successful democracy.
• In a true democratic system, rights of people are preserved, and there will be no discrimination based on caste, class, gender, ethnicity, and so on. The protection of rights is ensured through written or unwritten constitution. In case of violence, one may acquire help from judiciary. Therefore, the majority rule and minority rights work simultaneously. Democratic governance is more suitable for plural society. A society with diversities has various and conflicting needs and interests. A democratic system will respect all such diversities. Therefore, it allows running many non-governmental systems. They are private, semi-government, and so on.
• Political equality is another important characteristic of a democratic country. Everyone is equal before law. Everyone is entitled for equal political rights such as right to vote. If we take an example of Indian democracy, it is federal in nature. Indian state is a state of unions (Article 1 Indian constitution), where states have their own agency, and in some matter, they are under central rule. A good democratic government provides spaces for opinion development about various crucial matters. People’s opinion is important for a successful democracy.
• Democracy provides individual and collective rights along with individual and collective responsibilities, and constitution and judiciary project them with rule of law. It is important to mention that judiciary work independent. 
• Along with these features, another feature of democracy is its welfare nature. It does many welfare works for the society to provide them opportunities to use their rights and perform their responsibility.

Indian democracy

It has been discussed that democracy is the best available option for better governance, where everyone participates and exercise their rights. We are also aware that it will be difficult to everyone directly participate in every governmental task in a country like India. Therefore, there is a provision for election (first election on adult franchise happened in 1952), which helps to choose the elected representatives to run the government. However, actually, from 1952 to 2016, the situation has not changed much, as there is poverty, illiteracy, etc., prevailing at its high level.

• Whatever change has happened is not satisfactory. Therefore, it is important to work on many areas to make a successful Indian democracy, such as elimination of poverty and spread literacy, a sense of responsibility in elected members, awareness in voters about how to choose the right candidate, making everyone capable to understand the value of one person one vote, visionary leaders, work against social and political evils, strengthening the process of public opinion process, working towards communal harmony and unity in diversity, developing healthy environment so that everyone can exercise their rights, and a powerful opposition. 
• We have a federal form of government in India, where power is distributed between centre and states. The centre takes responsibility for parliament, whereas states are responsible for legislative assemblies of their respective states. This very nature of federal form has been declared in the constitution of India.
• Indian government can be understood with the help of three fundamental organs, namely executive, legislature, and judiciary (detailed discussions are provided in further chapters). These three organs have their different and specific roles to play.
• Indian democracy is sovereign, secular, and socialist. Although, since 1991, it has moved towards more liberal notion of democracy where more privatisation is favoured, social and economic independence and equality are favoured under its socialist nature. This also ensures the equality before law and equal opportunity along with equal social status. Secular nature provides equal respect and freedom to all religions, where states do not intervene until it is necessary to do so.
• India has parliamentary democracy, where head of the nation is president, who is elected, and therefore, India is also known as democratic and republic nation. The parliament is constituted with upper house (Rajya Sabha) and lower house (Lok Sabha) and the President. Members of both the houses are elected. As per constitution, all powers reside with the President, but the Prime Minister uses this power with the help of cabinet that he selects from the elected members and the President has to play a ceremonial role. As has already been discussed, the legislative powers are divided between centre and states, but in some cases, centre has upper hand. 
• India is a democratic country since its independence. It is also an important point to remember that India is the largest democracy; therefore, there are many problems in front of its successful functioning. There are various challenges it has to face and resolve. These concerns are mainly caste, class, gender, religion, language, and so on. Along with this, India is also facing problems and challenges externally in the form of terrorism. In spite of the internal conflicts, entire India is united against this external threat.

Levels of Government

Government in India work broadly at three levels and these are central government, state government, and local level government.

Central Government

Government at central level can be understood with reference to parliament (President, Lok Sabha, and Rajya Sabha) and Prime minister and their powers. At central level, now, we will consider each part of the government and try to understand it in detail.

A. The President

The President is the first citizen of India. This position is not nominated rather it is elected. All the executive powers reside in the hand of the President. However, by practice and unsaid tradition, the President does not use his power by him/herself; rather the Prime Minister uses his power, who is elected by the people of India. Who can become President? The persons who have the following qualifications are eligible to become the president of India:

• Person must be citizen of India.
• Age should not be less than 35 years. 
• Person must have eligibility to become member of Lok Sabha. 
• Person cannot be on any government job either at centre, state, or local. (Government-benefited position does not include President, Vice President, centre and state ministers. The name of president must be nominated by 50 voters. Person has to deposit ₹15,000 as security deposit.

Article 52 says that there will be a President in India. Article 54 talks about who will be participating in the election of the President. The President is elected by a group of people, which includes the elected members of both the houses of parliament and elected member of all the state assemblies. The President will be elected by the process of single vote transferable system.

• It is important to know that any dispute regarding election of president will be solved and investigated by Supreme Court of India and its decision will be final. The tenure of a president is minimum five years, but he/she can be elected again. Till now, Dr Rajendra Prasad is the only President who was elected two times. If any president wants to resign, he/she has to submit resignation to vice president. The President of India gets salary of ₹1,50,000 per month along with various immunities such as free house, telephone, water, and electricity. The President also gets office car and other facilities to perform his/her responsibilities. The President also gets pension of ₹9,00,000 per annum.
• Impeachment is the only process through which a president can be asked to leave the position. Impeachment process against president can be stated on the severe allegation such as violation of Indian constitution. After passing it from one house, it is to be sent to another house and that house investigates about the matter. The president or his representative presents his part to the house, and if the house finds the president to be guilty and passes the bill by two-third majority, then the president has to leave the position from that particular moment. Impeachment has not been used against any president of India till date.
• It is important to know that if the position of president is vacant, then the vice president will work as officiating president, and if he also fails in doing the role, then the Chief Justice of Supreme Court of India will work as Officiating President of India. The new or next election for president must happen within six months since the position is vacant.

Powers of the President

The President of India has many powers such as executive powers, legislative powers, financial powers, judicial powers, military powers, diplomatic powers, and emergency powers. These powers of the President are discussed in detail as follows: 

1. Executive power: According to the Article 53 of Indian Constitution, the President is the head of the executive. All union decisions are taken on his name. According to the Article 77, all the members of central government are appointed by President. There are various positions for which the president has power of appointing prime minter, council of minister, chief judge of India, judges of supreme and high courts, controller and auditor general of India, attorney general of India, governor, etc. The administration of union territories comes under the purview of President. The centre and state governance are carried out in the name of president. 

2. Legislative power: President is the essential part of Indian parliament as parliament is constituted with Lok Sabha, Rajya Sabha, and President. President can send summon and prorogue to the parliament (both the houses). Once the prorogation is done, it is necessary to summon the houses within six months. President has power to dissolve the Lok Sabha. Rajya Sabha cannot be dissolved as it is the permanent house of the parliament. It is president’s responsibility to address both the houses after election. All the bills passed by both the houses of parliament need to be signed by the President and then they become Act. Certain bills can be presented in Lok Sabha with prior approval of the President, such as name of states, alteration of boundaries, money-related bills, restriction of any trade, and so on. The President can nominate 

two members in Lok Sabha and 12 members in Rajya Sabha, if he/she feels that there is lack of actual representation in either or both the houses. The nominated person must have excellency in any of the fields such as arts, science, literature, social science, and so on. 

3. Judiciary power: The president of India has some significant judiciary power. It is important to know that president cannot be punished by any court. He has power of the appointments of the judges of the Supreme and high courts. President can remove a judge with consultation of Lok Sabha and Rajya Sabha. He also has power to transfer the judges. The president also has power to forgive and pardon (Article 72), relieve, postpone, and substitute the sentence given to a person. However, he is free to use this power, and no one can force him to do so, but, what does it mean? Is the power absolute? The constitution does not say anything in this regard, but in practice, advice of council of ministers is taken by the president to take the final decision. Along with president, head of all the states can also exercise this power. The president can take advice from the Supreme Court about any issue that he feels crucial and Supreme Court has to provide it (Article 143). 

4. Financial power: The President is also the financial head of India, and therefore, constitutionally, it is his responsibility to ensure financial stability in the nation. All the financial meters can be presented in Lok Sabha with prior approval of the president such as annual budget or any other bill that has financial implication. Without prior permission of the President, any financial bills cannot be introduced in the Parliament. President is also the head of Contingency Fund of India and he has power to dispose it. He can sanction money from this fund during unexpected situations. The power of appointing the Finance Commission of India resides with the President. 

5. Emergency power: Article 352 provides power to the President to declare emergency if he feels that there is a threat of war or aggression by any external force. He can do in favour of India’s security. President has power to declare emergency in three situations, that is, national emergency, state emergency, and financial emergency. National emergency can be declared in the situation of war and/or any kind of external threat to the nation. However, it is important to know that President declares national emergency only on the request done by Prime Minister. The Prime Minister also takes consultation with cabinet ministers in this regard. After emergency is declared, it must be approved by Parliament within one month of it declaration. Emergency can be approved only for six months in one go but can be extended after every six months for the maximum of three years. Fundamental rights get automatically suspended during national emergency except right to life and personal liberty. Such kind of national emergency has been declared three times in India, first, during India–China war (1962); second, during India–Pakistan war (1971), and third, by Indira Gandhi in 1975–1977. Indira Gandhi justified on account of international disturbance.

• The state emergency can be declared because of two reasons. First, if a state fails to run governance according to constitution (Article 356) and second, if a state violates the instruction given by union government (Article 365). State emergency also need to be approved by Parliament within two months. It can also be extended up to three years through approval after every six months. However, in case of Kashmir and Punjab, time can be increased more than three years by constitutional amendment. During state emergency, all the power comes to governor’s hand and he runs the government in the name of President. The state assemblies get dissolved and all money matters are approved by the Parliament. 
• According to Article 360 of constitution, the President has power to declare financial emergency. This emergency can be declared if there is financial crisis in front of the nation or there is situation of financial instability. This form of emergency also needs to be approved by Parliament within two months. Financial emergency has never been declared in India so far. 

6. Diplomatic power: The President enjoys many diplomatic powers. Decisions taken by Parliament about any international treaties and contracts are done in the name of President. Every nation has international relationships and so India has. The president has power to represent India at various international forms. He also has power to appoint and send diplomats such as ambassadors to other countries. 

7. Military power: The President of India has power related to national military. President is known as the supreme commander of Indian defence forces. After approval from Parliament, President can declare state of war and state of peace. The chiefs of various defence forces such as Army, Navy, and Air Force are appointed by the President. 

8. Veto power: It is important to know that even after considering Indian President as a rubber stamp; sometimes he has lot in his hand to exercise. he has lot in his hand to exercise. Veto power is one of them. He can assent and withhold a bill. He has power to use veto. He has three veto powers, namely absolute veto, suspensive veto, and pocket veto. Absolute veto is used by President when there is a need to reject the bill. However, this cannot be done with money bill. When President sends a bill back to parliament for reconsideration, he uses his suspensive veto. However, if parliament passes that bill again without any change, President has to pass the bill. It means that he can only delay such bill but cannot stop them. The pocket veto is very powerful. The president has power to keep a bill pending with him for indefinite time. The constitution of India has not fixed this time, and therefore, he can keep any bill pending except money bill such as budget.

B. Lok Sabha

• Lok Sabha is the lower house of the parliament, which represents Indian people, because this house is constituted on the basis of direct election. It is the powerful house in comparison with the upper house (Rajya Sabha). Lok Sabha can have maximum 552 member in total out of which up to 530 come from states and 20 from the union territories. Two people can be nominated by president from Anglo-Indian community.
• After becoming aware about the composition of Lok Sabha, it is important to know how these members are elected. First, we must know that these members are elected by universal adult franchise, where all citizens of 18 years old are eligible to vote, but, his/her name must be included in the voters list. There are a few constituencies reserved for SC and ST candidates from there they can contest the election and get elected.

• As per the required number of members in Lok Sabha, whole country is divided into many constituencies and one member of parliament will be elected from each constituency. Secret ballot is used for election where no one knows to whom one has casted their vote.
• Nowadays, electronic voting machines are used for election. Members of Lok Sabha represent people of their constituency. A member who receives maximum number of vote is declared elected and become member of Lok Sabha. It means simple majority vote system is used for these selections. Who can contest the Lok Sabha election is an important question to be discussed. The person who has the following qualifications can contest the election:
  • S/he should be a citizen of India. 
  • S/he should not be less than 25 years. 
  • S/he should not be on any profit job under government.
  • S/he should not be ill minded and bankrupt. 
  • S/he should not be declared criminal by any court in India. 
  • S/he should meet any other qualifications declared by the Parliament.

Tenure of Lok Sabha 

• Tenure of Lok Sabha is for five years in normal circumstances, but in special situations, it can be extended for one year. Special situation here means emergency. However, it is mandatory to conduct fresh election within six months of declaration of emergency. President can also dissolve Lok Sabha on the advice of Prime Minister; here also, Lok Sabha needs to be re-elected within six months from the dissolved time. 
• The president has power to call session of parliament any time. Generally, there are two sessions every year. There should not be gap of more than six months between two sessions. To hold a meeting, minimum quorum should be 1/10. Due to lack of quorum, the Speaker can adjourn the session. It is important to know that the Speaker is the Chairperson of the Lok Sabha. His work is to organise the session neutrally.
• Members of Lok Sabha enjoy many privileges, such as they are free to express their views in Lok Sabha without any fear. No legal process can be taken up against them for this. They cannot be arrested or detained before and after forty days of the session.

Powers of Lok Sabha 

The various powers of the Lok Sabha are as follows:

1. Legislative powers: Lok Sabha is the lower house and the powerful house of the Parliament. Any ordinary bill can be presented in either Lok Sabha or Rajya Sabha. However, actually 

majority of bills are introduced in Lok Sabha and all the financial bills are presented only in Lok Sabha. Once a bill is passed from Lok Sabha, it is sent to Rajya Sabha and when both houses pass the bill, it is sent to President for approval. After President’s approval, it becomes a law. In deadlock situation, if Lok Sabha passes a bill, but Rajya Sabha is not ready to pass it, then the President can call for a joint meeting of both the houses to resolve the issue, and the decision taken is mandatory for both the houses. As more members of Lok Sabha will be participating in this meeting, majority of time, the decision goes in favour of Lok Sabha.

2. Executive powers: All the ministers of the council take collective responsibility in Lok Sabha. Prime Minister is the leader of the majority. Ministry can be dissolved by Lok Sabha by passing no-confidence motion against them. Therefore, the swim and sink of ministers depends upon Lok Sabha. The members of parliament has right to ask question to the ministers about their work, polices, tasks, action, and so on. Members of parliament have right to criticise ministers and their work. They have full right to accept or reject the bills introduced by ministers in Lok Sabha. It is important to know that if Lok Sabha refuses to accept the cabinet decision or rejects the proposed budget or passes a no-confidence bill against a minister, then it will be taken as no-confidence bill against the entire Council of Ministers and all of them have to resign. 

3. Financial powers: Lok Sabha has many financial functions to do and therefore have many financial powers also. Unlike ordinary bill, financial bill can only be introduced in Lok Sabha. After it passes from here, it is sent to Rajya Sabha. Rajya Sabha can delay this bill for a maximum of 14 days and not less than that. After this, it will be considered as passed, whether accepted by Rajya Sabha or not. However, if disputes arises, then that particular bill whether money bill or not will be decided by the Speaker of Lok Sabha. The Speaker’s decision is final and cannot be challenged. It indicates that financial control of the nation is in the hand of Lok Sabha. All the taxes can be created, collected, changed, or discontinued only after the approval of Lok Sabha. 

4. Judicial powers: Lok Sabha has some judicial powers also. Impeachment process against President can be introduced either in Lok Sabha or Rajya Sabha and passed by both the houses with two-third majority. Charges against Vice President are also heard in Lok Sabha. Judges of Supreme Court or High Courts can be removed by resolution passed by Lok Sabha and Rajya Sabha. Lok Sabha can also pass resolution to remove the officers like Attorney General, the Chief Election Commission, etc. 

5. Electoral powers: Lok Sabha participates in the election of the President. The Vice President is elected by the members of both houses. The Speaker and Deputy Speaker are elected by Lok Sabha within the members of Lok Sabha.

C. Rajya Sabha

• Rajya Sabha is known as Council of States. The scope of second chamber was created by the Act of 1919, but actually it came to existence in 1920. After many debates, it was decided that India is a state with diversity, and therefore, only single-elected house may not be a very good idea, and hence, a second chamber was created. The maximum number of members in Rajya Sabha could be 250 in which 12 members are nominated by the President and 238 members represent various states and union territories. Nominated members must have good contribution in the field of arts, science, social science, technology, etc. The Forth Schedule of the constitution talked about allocation of seats to the states and union territories for the Rajya Sabha. Population is the criteria of allocation of seats. 
• Who is eligible to be a member of Rajya Sabha is an important point to be discussed here. A person has to have some qualification to become a member of Rajya Sabha. Person should be citizen of India and cross 30 years of life. He/she should also fulfil the other requirements decided by the Parliament. He/she should not be mentally ill and should not have any government profit job. A person selected as a member of Rajya Sabha cannot join any political party, and if he/she wants to do, it should have been done within six months of becoming member in the Rajya Sabha.

Election

• Members of Rajya Sabha are elected by indirect election, which represent different states and two union territories. These members are elected by the elected members of legislative assembly of the concern state. The member representatives of union territories are elected by Electoral College of that union territory. It is important to know that Rajya Sabha is a permanent house and does not get dissolved. One-third members of the house leave their posts after every second year. If a member leaves the post before completing two years, a process of by-election takes place. The newly elected member will be in office only till the remaining time of the earlier member who left the seat (whatever reason) in between. 
• The Vice President is the Ex-officio Chairman of Rajya Sabha. Members of Rajya Sabha select one Deputy Chairman. There is a provision of Vice Chairman in Rajya Sabha, who will become active in absence of Chairman and Deputy Chairman.

Powers of Rajya
Sabha Rajya Sabha is the upper house of Indian parliament. It is also important to know that India governs on federal system; therefore, the legislative powers are divided into three lists, namely union list, state list, and concurrent list. In normal situation, Lok Sabha and Rajya Sabha do not enter in each other sphere. However, if Rajya Sabha thinks that some matters are important and need immediate action, it can empower Parliament to take up state list issue by passing a bill with two third of its present members who participate in voting. 

1. Legislative power: This house has some legislative powers too. Any ordinary bill can be presented in either of the houses but should be passed from both the houses, and after it is signed by the President, it becomes an Act. In the situation of deadlock between both houses, a joint meeting is called by President to resolve the deadlock. However, it is also important to know that Rajya Sabha can delay the bill, but at the end, it cannot stop the bill to be passed, but this delay provides enough time to think about the passed bill. 

2. Financial powers: It has been discussed earlier that money bill can only be introduced in Lok Sabha and Rajya Sabha cannot stop this bill more than 14 days, and after 14 days, the bill will be considered as passed. Rajya Sabha does not have power to do amendment in money bills. Lok Sabha may accept or reject the suggestions given by Rajya Sabha. Therefore, it is necessary to put a bill before Rajya Sabha, but Rajya Sabha has very little power about money-related bills.

Combined functions of Lok Sabha and Rajya Sabha: 

There are various functions which Lok Sabha and Rajya Sabha do collectively, such as changes in the state boundaries or the names of any state, approval of the ordinances declared by the President, any changes in the power of Supreme Court and High Court, qualification changes of the Parliament and State legislature members, changes in salaries and other allowances of the member of Parliament, and approval for the declaration of emergency.