Working of Institutions

Introduction

Working of Institutions in a democracy discusses the three main institutions – legislature, executive, and judiciary – and how they work together to make decisions.

HOW IS A MAJOR POLICY DECISION TAKEN?

A Government Order

– On August 13, 1990, the Government of India issued an Office Memorandum (O.M. No. 36012/31/90-Est (SCT)) announcing a major policy decision.
– The O.M. stated that 27% of the vacancies in civil posts and services under the Government of India would be reserved for the Socially and Educationally Backward Classes (SEBC).
– SEBC refers to backward castes as recognized by the government.
– Previously, job reservation benefits were available only to Scheduled Castes and Scheduled Tribes, but the introduction of SEBC created a new third category eligible for the 27% job quota.
– Other individuals who did not belong to the backward classes were not allowed to compete for these reserved jobs.

The Decision Makers

– The Office Memorandum (O.M. No. 36012/31/90-Est (SCT)) was a major policy decision issued by the Government of India.
– The decision to issue the Memorandum was made by the Minister of Personnel, Public Grievances and Pensions, with the involvement of other major functionaries in the country.
– The decision was influenced by the recommendations of the Second Backward Classes Commission (Mandal Commission) appointed in 1979.
– The Janata Dal party, in its election manifesto, promised to implement the Mandal Commission report if voted to power.
– After the Janata Dal formed the government, the President announced the government’s intention to implement the recommendations.
– The Union Cabinet formally decided to implement the recommendations, and Prime Minister V.P. Singh informed the Parliament about this decision.
– The decision led to widespread debates, protests, and violent demonstrations across the country.
– The Office Memorandum faced legal challenges, and the Supreme Court of India declared it valid with some modifications.
– The Supreme Court directed the government to exclude well-to-do individuals from the backward classes from receiving reservation benefits.
– In response, the Department of Personnel and Training issued another Office Memorandum on September 8, 1993, incorporating the Supreme Court’s directive.
– The dispute was resolved, and the modified policy has been followed since then.

Need for Political Institutions

Institutions in the example:

– Parliament: Consists of the President, Lok Sabha, and Rajya Sabha, responsible for enacting laws and representing the people.
– President: The head of the state, the highest formal authority in the country.
– Civil Servants: Responsible for implementing the decisions of ministers.
– Constitution: Establishes the basic rules and outlines the powers and functions of each institution.
– Supreme Court: Settles disputes between citizens and the government.

Role of institutions:

– Parliament enacts laws and represents the people’s interests.
– The President provides formal authority and performs ceremonial functions.
– Civil Servants implement the decisions made by ministers.
– The Constitution establishes the framework for governance.
– The Supreme Court acts as the final authority in settling disputes.

Importance of institutions:

– Institutions provide a framework for governance in democracies.
– They ensure that decisions are not concentrated in the hands of one person and allow for wider consultation.
– While they may introduce delays and complications, they prevent hasty and arbitrary decision-making.
– Institutions uphold the principles of democracy and provide a system of checks and balances.

PARLIAMENT

– Institutions are arrangements made in democracies to perform specific tasks and functions.
– In the example of the Office Memorandum, institutions like the Prime Minister and Cabinet, civil servants, and the Supreme Court played crucial roles.
– Dealing with institutions can be complex and time-consuming, but they ensure wider consultations and prevent hasty or arbitrary decision-making.
– Parliament indirectly influenced the decision on the Office Memorandum through discussions on the Mandal Commission Report, exerting pressure on the government.
– If Parliament had not approved of the Cabinet’s decision, the government would have faced obstacles in implementing it.

Why do we need a Parliament?

– Parliament is the supreme political authority in democracies, representing the people.
– It is responsible for making laws, amending existing laws, and replacing old laws with new ones.
– Parliaments exercise control over the government, requiring their support for decision-making.
– They have authority over public finances, with the power to approve government spending.
– Parliament serves as the primary platform for discussing public issues and national policies, allowing for information-seeking and debate.

Two Houses of Parliament

– Parliament in large countries is divided into two chambers: one directly elected by the people, and the other representing states or regions.
– In India, the two Houses of Parliament are the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
– The President of India is not a member of either House but is part of Parliament.
– The Lok Sabha is directly elected by the people, while the Rajya Sabha is elected indirectly.
– The Lok Sabha has a larger number of members compared to the Rajya Sabha.
– The Lok Sabha exercises supreme power in most matters, including passing ordinary laws and controlling the Council of Ministers.
– In a joint session of both Houses, the Lok Sabha’s view prevails due to its larger membership.
– The Lok Sabha has more powers in money matters, as the Rajya Sabha can only delay or suggest changes to budget-related laws.
– The Lok Sabha appoints the Prime Minister based on majority support, and a vote of no confidence from the Lok Sabha can lead to the resignation of the Council of Ministers. The Rajya Sabha does not have this power.

POLITICAL EXECUTIVE

Political and Permanent Executive

– In the case of the Office Memorandum, the political executive (Prime Minister and Cabinet) made the decision, while the non-political executive (civil servants) executed the decision.
– The political executive, consisting of elected leaders, holds more power than the non-political executive.
– The reason for the political executive’s greater power is that they represent the will of the people as elected representatives.
– The minister, as an elected representative, is accountable to the people and makes final decisions based on the overall objectives and framework.
– While civil servants possess expert knowledge, the minister’s role is to understand the broader perspective and make decisions accordingly.
– This decision-making dynamic exists in large organizations, where those with a comprehensive view make the important decisions, while experts provide input and advice. In a democracy, elected ministers fulfill this role.

Prime Minister and Council of Ministers

– The Prime Minister is appointed by the President and is usually the leader of the majority party or coalition in the Lok Sabha.
– The Prime Minister’s tenure depends on their ability to maintain majority support.
– The Prime Minister advises the President on the appointment of other ministers, who are usually members of the ruling party or coalition.
– The Council of Ministers is the official body that includes all the ministers, typically consisting of 60 to 80 ministers of different ranks.
– Cabinet Ministers are top-level leaders in charge of major ministries, and they make decisions in the name of the Council of Ministers.
– Ministers of State with independent charge handle smaller ministries and may attend Cabinet meetings upon invitation.
– Ministers of State assist Cabinet Ministers.
– Cabinet meetings are where decisions are made, as it is not practical for all ministers to meet regularly and discuss everything.
– The Cabinet operates as a team, and ministers are expected to support and own up to every decision made.
– Ministers are supported by secretaries, who are civil servants and provide background information for decision-making.
– The Cabinet Secretariat, staffed by senior civil servants, assists in coordinating the work of different ministries.

Powers of the Prime Minister

– The Prime Minister holds significant powers as the head of the government, including chairing Cabinet meetings, coordinating departments, making final decisions in case of disagreements, and supervising ministries.
– All ministers work under the Prime Minister’s leadership, and the Prime Minister has the authority to distribute and redistribute work among them.
– The Prime Minister can dismiss ministers, and if the Prime Minister resigns, the entire ministry resigns.
– The Prime Minister’s powers have increased in parliamentary democracies worldwide, leading to a Prime Ministerial form of government.
– In India, there has been a tendency towards the concentration of power in the hands of the Prime Minister, with influential leaders like Jawaharlal Nehru and Indira Gandhi exercising significant authority.
– Coalition politics has imposed constraints on the power of the Prime Minister, requiring accommodation of different groups, factions, and coalition partners’ views and positions.

The President

– The President of India holds nominal powers and supervises political institutions for their harmonious functioning.
– The President is elected by MPs and MLAs and represents the entire nation without a direct popular mandate.
– The President’s powers are exercised on the advice of the Council of Ministers.
– Important appointments and decisions are made in the President’s name but based on the advice of the Council of Ministers.
– The President appoints the Prime Minister and exercises discretion when no party or coalition has a clear majority in the Lok Sabha.

THE JUDICIARY

– The story’s outcome would have been different without a Supreme Court or any judiciary.
– A powerless Supreme Court would have had no authority to judge the government’s actions.
– Lack of trust in the Supreme Court would have resulted in the rejection of its verdict.
– The existence of an independent and powerful judiciary is crucial for democracies.
– India’s judiciary consists of the Supreme Court, High Courts, District Courts, and local courts.
– The Supreme Court has jurisdiction over disputes between citizens, citizens and the government, and intergovernmental disputes.
– The judiciary is independent and not controlled by the legislature or executive.
– Judges are appointed based on the advice of the Prime Minister and consultation with the Chief Justice.
– Impeachment is the only way to remove a judge, which is rare in Indian democracy.
– The judiciary has the power of judicial review to declare laws or actions unconstitutional.
– The judiciary acts as a guardian of Fundamental Rights and protects public interest through public interest litigation.
– Courts prevent misuse of government power and check malpractices by public officials, earning public confidence.