Working of Institutions

1. Parliament — Lok Sabha and Rajya Sabha

India has a bicameral legislature — Parliament consists of two houses. Together they form the supreme law-making institution of the country. All major laws, the national budget, and key policy approvals must pass through Parliament.

Lok Sabha (House of the People)

• Composition: Maximum 552 members — up to 530 from states, up to 20 from Union Territories, plus seats reserved for Anglo-Indians (provision removed by the 104th Amendment, 2020, but check your textbook edition).
• Election: Members are directly elected by the people through universal adult franchise — every citizen aged 18 and above can vote.
• Term: 5 years (can be dissolved earlier by the President on the advice of the Prime Minister).
• Presiding Officer: The Speaker (elected by Lok Sabha members) chairs proceedings; a Deputy Speaker assists.
• Powers: More powerful than Rajya Sabha in money matters. A Money Bill can only originate in Lok Sabha. In a deadlock between the two houses, a joint sitting is held — since Lok Sabha has more members, its view usually prevails.
• Confidence of the house: The Council of Ministers (Cabinet) is collectively responsible to the Lok Sabha. If a no-confidence motion is passed, the government must resign immediately.

Rajya Sabha (Council of States)

• Composition: Maximum 250 members — 238 elected representatives of States and Union Territories + 12 nominated by the President for expertise in art, science, literature, or social service.
• Election: Members are indirectly elected by the elected members of State Legislative Assemblies (MLAs) through proportional representation (single transferable vote).
• Term: Permanent house — it is never dissolved as a whole. One-third of members retire every 2 years; each member serves a 6-year term.
• Chairman: The Vice-President of India is the ex-officio Chairman of Rajya Sabha.
• Special powers: Can pass a resolution to allow Parliament to legislate on a State List subject in the national interest. Can also resolve to create an All-India Service.
• Limitation: Rajya Sabha cannot initiate or amend a Money Bill; it can only delay it for up to 14 days after which it is deemed passed.

Why two houses?

India is a federal country with diverse states. Rajya Sabha ensures states have a voice in central law-making. It also acts as a revising chamber — it reconsiders and refines laws passed by Lok Sabha, preventing hasty or poorly thought-out legislation. The two-house system creates an internal check within the legislature itself.

2. How a Bill Becomes a Law

A bill is a draft proposal for a new law or a change to an existing law. It must pass through specific stages before it can become an Act of Parliament.

Stages for an Ordinary Bill

1. Introduction (First Reading): The bill is introduced in either house. Its title and objectives are read out. No debate at this stage.
2. Second Reading (Most Important):
   • General discussion of the bill's principles.
   • The bill may be referred to a Select Committee or Joint Committee for detailed scrutiny.
   • Clause-by-clause consideration: each clause is examined and members can move amendments.
3. Third Reading: Final debate and vote on the bill as a whole. Only minor verbal changes allowed. If the majority vote in favour, the bill is passed by that house.
4. Second House: The bill goes to the other house and undergoes the same three readings.
5. Resolving Deadlock: If the two houses disagree, the President may call a Joint Sitting. Since Lok Sabha has more members, its view usually prevails.
6. Presidential Assent:
   • The President can give assent — bill becomes law.
   • The President can return it (only once for ordinary bills) with suggestions for reconsideration. But if Parliament passes it again without changes, the President must sign.
   • For Money Bills, the President cannot withhold assent after Parliament passes it the second time.
7. Publication: The Act is published in the Official Gazette and comes into force.

Money Bill — Special Process

A Money Bill (related to taxes, government spending) is introduced only in Lok Sabha. After Lok Sabha passes it, Rajya Sabha can only recommend changes — it cannot reject. If Rajya Sabha does not respond in 14 days, the bill is deemed passed. The President's assent is the final step.

3. The Executive — President, Prime Minister, Cabinet

The Executive is the organ of government that implements laws and policies. It has two very distinct components.

The President of India

• Constitutional/nominal head: All executive power of the Union is vested in the President (Article 53) — but in practice it is exercised on the advice of the Council of Ministers headed by the PM.
• Election: Indirectly elected by an Electoral College — elected MPs of both houses + elected MLAs of all states (weighted voting to maintain parity between states and Centre).
• Term: 5 years. Can be re-elected. Can be removed by impeachment — a special process requiring a two-thirds majority of the total membership of each house of Parliament.
• Key powers:
  • Appointment: Appoints the PM, other ministers, Governors, Supreme Court and High Court judges, the Attorney General, Comptroller and Auditor General, Election Commissioners, etc.
  • Legislative: Summons and prorogues Parliament; dissolves Lok Sabha on PM's advice; addresses the joint sitting at the start of each budget session; gives or withholds assent to bills; issues Ordinances when Parliament is not in session (ordinances have the force of law but must be placed before Parliament when it meets).
  • Emergency: Can proclaim National Emergency (Article 352), President's Rule in a state (Article 356), and Financial Emergency (Article 360).
  • Pardoning: Can grant pardon, reprieve, or remission of punishment (Article 72).
• Why "nominal"? In a parliamentary system like India, the President acts on the binding advice of the Council of Ministers. The President represents the nation and provides formal constitutional continuity — but does not govern personally.

The Prime Minister of India

• The PM is the real head of the executive — the most powerful person in the political executive.
• Appointment: The President appoints the leader of the party (or coalition) that commands a majority in Lok Sabha as PM.
• Key roles:
  • Heads the Council of Ministers and chairs Cabinet meetings.
  • Distributes and reshuffles portfolios among ministers; can recommend dismissal of a minister.
  • Main link between the President and the Council of Ministers.
  • Advises the President — including on dissolving Lok Sabha.
  • Coordinates the work of all ministries and departments.
  • Represents India in international meetings and summits.
• Collective responsibility: The Cabinet stands and falls together before the Lok Sabha. If the PM loses the majority, the entire government must resign.

Council of Ministers and Cabinet

• The Council of Ministers is the full body; it has three tiers:
  1. Cabinet Ministers: Head major ministries (Home, Finance, Defence, External Affairs, etc.). Meet regularly as the Cabinet and take the most important decisions collectively.
  2. Ministers of State: Junior ministers; some have independent charge of smaller ministries; others are attached to a Cabinet Minister.
  3. Deputy Ministers: Assist senior ministers; do not usually attend Cabinet meetings.
• The Cabinet (about 20 senior Ministers) is the real centre of power. Decisions taken here bind all ministers — even those who disagreed privately must publicly support the Cabinet decision. This is collective responsibility.

4. Political Executive vs Permanent Executive

This distinction is one of the most important concepts in this chapter — and a favourite exam question.

Political Executive

• Consists of elected leaders: the PM, Cabinet Ministers, and all ministers.
• Accountable to the people through elections and to Parliament in day-to-day functioning.
• Sets policy direction — decides what the government will do, why, and when.
• In power for a limited period; changes when election results change.
• A minister does not need to be a technical expert. The Health Minister need not be a doctor; the Finance Minister need not be an economist.
• More powerful — because in a democracy, the final say must rest with those elected by the people.

Permanent Executive (Civil Services)

• Consists of career civil servants — Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Foreign Service (IFS), and other All-India and Central services.
• Selected through competitive examinations conducted by the Union Public Service Commission (UPSC) — transparent, merit-based selection.
• Serve governments of all political parties — they continue in service regardless of election outcomes.
• Implements the policies and decisions of the political executive; provides technical expertise, institutional memory, and administrative continuity.
• Cannot disobey a lawful order but must refuse to carry out an unconstitutional or clearly illegal order.

5. Judiciary — Supreme Court, High Courts, Independence

The Judiciary is the third pillar of democracy. It interprets laws, settles disputes, and most importantly, protects the rights of citizens and the supremacy of the Constitution. India has an integrated, unified judicial system.

Supreme Court of India

• Apex court — its decisions bind all other courts and all governments across India.
• Composition: Chief Justice of India (CJI) + up to 33 other judges (total 34 judges as per current sanctioned strength).
• Appointment: Judges appointed by the President in consultation with the CJI and the collegium of senior judges. This keeps appointments largely within the judiciary, protecting independence.
• Original Jurisdiction: Disputes between two or more states, or between the Centre and one or more states, go directly to the Supreme Court.
• Appellate Jurisdiction: Hears appeals against decisions of High Courts in civil, criminal, and constitutional matters.
• Writ Jurisdiction (Article 32): Any citizen whose fundamental right is violated can directly petition the Supreme Court. The Court can issue writs:
  • Habeas Corpus — "produce the body" — to release an illegally detained person.
  • Mandamus — to command a public authority to do its duty.
  • Prohibition — to stop a lower court from exceeding its jurisdiction.
  • Certiorari — to quash the decision of a lower court or tribunal.
  • Quo Warranto — to challenge an unlawful occupation of a public office.
• Judicial Review: The Supreme Court can declare any law passed by Parliament or any state legislature as unconstitutional if it violates the Constitution (Article 13). This is the most powerful check the judiciary has on the legislature and executive.
• Advisory Jurisdiction: The President can seek the Supreme Court's opinion on any question of law or fact of public importance (Article 143).

High Courts

• Each state has a High Court — the highest court in that state.
• Judges appointed by the President in consultation with the CJI and the Governor of the state.
• Supervises all subordinate courts (District Courts, Sessions Courts) in the state.
• Has original, appellate, and writ jurisdiction (can also issue all five types of writs under Article 226).

Independence of the Judiciary — Constitutional Safeguards

Independence means judges can give fair judgments without fear of pressure from the government or any powerful group.

• Security of tenure: A Supreme Court judge can only be removed by impeachment — a resolution passed by a special majority in both houses of Parliament. This is an extremely difficult process, making arbitrary removal nearly impossible. SC judges serve till age 65; High Court judges till 62.
• Fixed service conditions: Salaries and pensions of judges are charged to the Consolidated Fund of India, not voted on by Parliament annually. The government cannot threaten judges by cutting pay.
• No practice after retirement: Retired Supreme Court judges cannot argue cases in the Supreme Court — this removes the incentive to favour the government while in office hoping for post-retirement engagement.
• Collegium system: Judges are effectively selected by a collegium of senior judges, reducing executive influence over judicial appointments.
• Contempt of court: The judiciary can punish anyone — including the government — for contempt, protecting its authority.

6. Checks and Balances

Democracy requires that no single organ of government has unlimited power. Power must be divided, and each institution must check the others. This is the principle of separation of powers combined with checks and balances.

Legislature checks the Executive

• Parliament can pass a no-confidence motion to remove the government.
• Parliament must approve the annual budget — the government cannot spend public money without Parliament's sanction.
• MPs can question ministers during Question Hour and raise urgent matters in Zero Hour.
• Parliamentary committees scrutinise ministry expenditure, bill drafts, and government functioning.

Executive checks the Legislature

• The President (on PM's advice) can dissolve Lok Sabha and call fresh elections.
• The President can withhold or return a bill for reconsideration (limited veto).
• The government sets the legislative agenda — most bills originate from the executive.
• When Parliament is not in session, the President can issue Ordinances that have the force of law.

Judiciary checks Legislature and Executive

• Can declare a law unconstitutional through judicial review (Article 13).
• Can issue writs against the government to protect fundamental rights.
• Can hold the government in contempt if it disobeys court orders.

Legislature checks the Judiciary

• Parliament can amend the Constitution (within limits set by the Basic Structure doctrine) to respond to court judgments it disagrees with.
• Parliament can impeach judges.
• Parliament decides the sanctioned strength (number of judges) of courts.

7. Case Study: OBC Reservations Order 1990 — Mandal Commission

The NCERT uses this real case to show how a major decision in a democracy passes through all three institutions. Exam questions frequently draw from this story.

Background

• The Constitution already provided reservations for Scheduled Castes (SC) and Scheduled Tribes (ST) in government jobs and educational institutions.
• The question arose: should Other Backward Classes (OBCs) — socially and educationally disadvantaged communities — also get reservations?
• In 1979, the government of Prime Minister Charan Singh appointed the Second Backward Classes Commission under the chairmanship of B.P. Mandal — hence called the Mandal Commission.
• The Commission submitted its report in 1980, identifying about 3,743 castes as OBCs (approximately 52% of India's population) and recommending 27% reservation in central government services and public sector undertakings.
• The report was submitted but not implemented for nearly a decade — it was politically sensitive.

The Executive Acts (1990)

• In August 1990, Prime Minister V.P. Singh's National Front government issued an Office Memorandum (OM) — an executive order — implementing 27% OBC reservations in central government jobs.
• This was an executive decision, using Article 16(4) of the Constitution (which allows the state to make reservations for backward classes in public employment).
• The announcement triggered massive protests — anti-reservation agitations across the country, self-immolations by students.

Parliament Debates and Acts

• The decision was debated intensely in Parliament. Opposition parties demanded the order be withdrawn.
• The V.P. Singh government faced a no-confidence motion in Lok Sabha — and lost it in November 1990. The government fell — a direct example of the legislature checking the executive.
• Later governments continued the policy, and it remained a subject of intense parliamentary debate through the 1990s.

The Judiciary Reviews (1992)

• The order was challenged in the Supreme Court. The case is Indra Sawhney vs Union of India (1992), also called the Mandal case.
• A 9-judge Constitution Bench of the Supreme Court gave a landmark ruling:
  • Upheld the 27% OBC reservations as constitutional.
  • Total reservations (SC + ST + OBC combined) cannot exceed 50% — the ceiling rule.
  • Creamy layer exclusion: The more affluent and advanced sections of OBCs (those with family income above a certain threshold, or whose parents hold high government posts) should be excluded from the reservation benefit. The most disadvantaged within the OBC group should benefit.
  • No reservation in promotions at that time (this was later addressed by constitutional amendments — Article 16(4A)).

What the case study teaches

• Executive (PM and Cabinet): Took initiative to implement a long-pending social justice recommendation — used executive power to issue an official order.
• Legislature (Parliament): Debated the decision, scrutinised it, and ultimately brought the government down through a no-confidence vote — exercising its power of oversight.
• Judiciary (Supreme Court): Reviewed the constitutionality of the order, upheld it within limits, and refined it by adding the creamy layer exclusion — protecting both backward class rights and the rights of others.
• No single institution acted without being checked. This is checks and balances in practice.

8. Three-Tier Government — Centre, State, and Local Bodies

India is a federal country. Power is divided not just between the three organs (legislature, executive, judiciary) but also across three levels of government.

Tier 1: Central Government (Union Government)

• Governs the entire country on matters in the Union List (defence, foreign affairs, railways, atomic energy, currency, banking — 100 subjects).
• Institutions: Parliament (Lok Sabha + Rajya Sabha), President, PM and Cabinet, Supreme Court.

Tier 2: State Government

• Governs each state on matters in the State List (police, agriculture, irrigation, public health, land — 61 subjects).
• Institutions: State Legislature (Vidhan Sabha, plus Vidhan Parishad in some states), Governor, Chief Minister and State Cabinet, High Court.
• Both Centre and State can legislate on Concurrent List subjects (education, forests, trade unions, marriage, adoption — 52 subjects). In case of conflict, Central law prevails.

Tier 3: Local Government

• Given constitutional status by the 73rd Amendment (1992) — for rural bodies (Panchayati Raj) and the 74th Amendment (1992) — for urban bodies (Municipalities).
• Rural areas: Gram Panchayat (village level) → Panchayat Samiti/Block Panchayat (block level) → Zila Parishad (district level).
• Urban areas: Nagar Panchayat (transitional areas) → Municipal Council (small towns) → Municipal Corporation (large cities like Delhi, Mumbai, Bengaluru).
• Key features: Mandatory reservations for women (at least one-third of seats), SC, and ST members. Direct elections to Gram Sabha (all voters in a village)/ward levels. State Election Commissions conduct elections.
• Functions: Local roads, drains, street lighting, water supply, primary health centres, primary schools, sanitation, poverty alleviation programmes.

9. NCERT Exercise — Solved Questions