Working of Institutions
'Institutions are the MACHINERY of democracy — they TRANSFORM the people's will into GOVERNMENT ACTION. A democracy without strong institutions is like a body WITHOUT a skeleton.'
1. Why Do We Need Institutions?
Institutions are the permanent structures through which the government functions. They provide STABILITY, CONTINUITY, and PREDICTABILITY.
| Institution | Role | Power |
|---|
| LEGISLATURE (Parliament / State Assembly) | MAKES laws | Introduces, debates, and passes bills → laws. |
| EXECUTIVE (Government) | IMPLEMENTS laws | Runs the country — makes policies, administers programmes, defends the nation. |
| JUDICIARY (Courts) | INTERPRETS laws | Resolves disputes, interprets the Constitution, strikes down unconstitutional laws. |
Separation of Powers: Each institution has a DISTINCT role — but they also CHECK and BALANCE each other. This prevents any one institution from becoming too powerful.
2. The Parliament
2.1 Why Do We Need a Parliament?
- Legislature: Parliament makes laws for the country.
- Control over Executive: The government (Council of Ministers) is COLLECTIVELY RESPONSIBLE to the Lok Sabha. Parliament questions ministers, debates policies, and can pass a vote of NO CONFIDENCE to remove the government.
- Financial control: The government cannot spend money without Parliament's approval (the Budget must be passed by Parliament).
- Representation: Parliament represents the PEOPLE — MPs bring the concerns of their constituencies to the national level.
2.2 Structure of Parliament
| House | Also Known As | Strength | Election | Term | Key Role |
|---|
| LOK SABHA | House of the People | 543 (maximum 552 — 530 from states, 20 from UTs, 2 Anglo-Indian nominated — abolished in 2020) | Directly elected by the people (universal adult suffrage) | 5 years (can be dissolved earlier) | MORE POWERFUL — money bills originate here. Can remove government through no-confidence vote. |
| RAJYA SABHA | Council of States | 245 (233 elected + 12 nominated — experts in literature, art, science, sports, social service) | Indirectly elected — by elected members of State Legislative Assemblies | PERMANENT (not dissolved). 1/3rd of members retire every 2 years (each member serves 6 years). | REVISING CHAMBER — reviews bills passed by Lok Sabha. Can suggest amendments (but cannot block money bills). |
2.3 Who is Who in Parliament?
| Position | Role |
|---|
| Speaker (Lok Sabha) | Presides over Lok Sabha. Maintains order. Decides if a bill is a Money Bill. Can suspend MPs for unruly behaviour. Elected by Lok Sabha members. |
| Deputy Speaker (Lok Sabha) | Presides when Speaker is absent. |
| Chairman (Rajya Sabha) | The Vice President of India is the ex-officio Chairman of Rajya Sabha. |
| Leader of the House | The Prime Minister (Lok Sabha) or a senior minister appointed as Leader of Rajya Sabha. |
| Leader of Opposition | Leader of the largest party NOT in government. Recognised if the party has 10% of seats. |
2.4 How a Bill Becomes a Law — The Legislative Process
| Step | Location | Description |
|---|
| 1. Introduction | Either House | A BILL (proposed law) is introduced. Can be a GOVERNMENT BILL (introduced by a minister) or a PRIVATE MEMBER'S BILL (introduced by an MP who is not a minister — rarely passed). |
| 2. First Reading | The House | Bill is introduced. Title is read. No debate. Bill is printed and circulated. |
| 3. Second Reading | The House | DETAILED DEBATE — clause-by-clause discussion. The House can: (a) Pass the bill immediately. (b) Refer it to a SELECT COMMITTEE (group of MPs) for detailed examination. (c) Circulate it for public opinion. (d) Reject it. |
| 4. Committee Stage | Select Committee (if referred) | Committee examines the bill in detail, hears expert opinions, suggests amendments. |
| 5. Third Reading | The House | FINAL VOTE — the bill is passed or rejected. If passed → sent to the OTHER House. |
| 6. Other House | The other House | SAME process repeats. The other House can: (a) Pass the bill (→ sent to President). (b) Reject the bill (→ bill dies, unless Lok Sabha overcomes deadlock through Joint Session). (c) Suggest amendments (→ bill goes back to originating House). |
| 7. Joint Session | Both Houses together | If there is a DEADLOCK (Lok Sabha passes, Rajya Sabha rejects/doesn't act for 6 months), the President can call a JOINT SESSION. Since Lok Sabha has more members, it usually wins. (Used only 3 times in Indian history.) |
| 8. President's Assent | President of India | The bill is sent to the President for final approval. The President can: (a) Give assent → bill becomes an ACT (law). (b) Withhold assent → bill dies (very rare). (c) Return the bill for reconsideration (but if Parliament passes it again, the President MUST give assent). |
Important: MONEY BILLS (taxation, government spending) can ONLY originate in the Lok Sabha. Rajya Sabha can suggest amendments but CANNOT block a Money Bill for more than 14 days.
3. The Executive
3.1 The President of India
| Aspect | Detail |
|---|
| Head of State | The President is the CONSTITUTIONAL HEAD of India — the symbol of the nation's unity and integrity. |
| Powers | CEREMONIAL — most executive power is exercised by the Prime Minister and Council of Ministers. But the President has DISCRETIONARY powers in specific situations (e.g., appointing PM when no party has a clear majority, promulgating ordinances when Parliament is not in session). |
| Election | INDIRECTLY ELECTED — by an Electoral College consisting of: (a) Elected members of both Houses of Parliament. (b) Elected members of State Legislative Assemblies. Votes are weighted — MPs and MLAs votes have different values. |
| Term | 5 years |
| Removal | By IMPEACHMENT — for violation of the Constitution. Requires a 2/3 majority in both Houses of Parliament. |
| Qualifications | (1) Indian citizen. (2) 35+ years old. (3) Qualified to be a member of Lok Sabha. (4) Not holding any office of profit under the government. |
3.2 The Prime Minister and Council of Ministers
| Position | Role | Appointment |
|---|
| PRIME MINISTER | HEAD OF GOVERNMENT — the REAL executive power. Leader of the majority party/alliance in Lok Sabha. Chairs the Council of Ministers (Cabinet) . Makes ALL major policy decisions. | Appointed by the President — but the President MUST appoint the leader of the majority party/alliance. |
| COUNCIL OF MINISTERS | Ministers who head various departments (Home, Finance, External Affairs, Defence, Health, Education, etc.). CABINET: The most senior ministers — the key decision-making body. | Appointed by the President on the advice of the PM. Collectively responsible to the Lok Sabha. |
| PRINCIPLE OF COLLECTIVE RESPONSIBILITY | The ENTIRE Council of Ministers is RESPONSIBLE to the Lok Sabha. If a vote of NO CONFIDENCE is passed, the ENTIRE government falls — not just the PM. | Article 75(3) of the Constitution. |
3.3 Difference Between President and Prime Minister
| Powers | President | Prime Minister |
|---|
| Executive | Appoints PM (but must appoint the majority leader). Appoints ministers (on PM's advice). | ACTUAL HEAD of government. Chairs Cabinet. Makes all key decisions. |
| Legislative | Addresses Parliament. Can send messages to Parliament. Can veto bills (return for reconsideration). | Leads the majority party. Decides the legislative agenda. |
| Judicial | Appoints judges (on advice of PM/Cabinet). Can grant PARDONS (including death penalty commutation). | Advises the President on appointments and pardons. |
| Military | Supreme Commander of the Armed Forces (ceremonial). | Makes all defence and military decisions. |
| Emergency | Can declare National Emergency (Article 352) — but only on the WRITTEN ADVICE of the Cabinet. | Advises the President on emergency declarations. |
4. The Judiciary
4.1 Structure of Indian Judiciary
| Court | Jurisdiction | Composition | Powers |
|---|
| SUPREME COURT OF INDIA | WHOLE OF INDIA (apex court) | Chief Justice of India (CJI) + up to 33 other judges (total 34). | Final court of appeal. Guardian of the Constitution. Judicial Review — can strike down any law that violates the Constitution. Original jurisdiction in disputes between Centre and States. Advisory jurisdiction — President can seek the Court's opinion. |
| HIGH COURTS | Each STATE (or group of states) | Chief Justice + judges (varies by state — largest: Allahabad HC, 160 judges). | Highest court in the state (appeals from lower courts). Can issue WRITS (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) to enforce fundamental rights. |
| DISTRICT COURTS | Each DISTRICT | District and Sessions Judge + subordinate judges. | Handles MOST civil and criminal cases. District Judge hears criminal appeals. Sessions Judge hears serious criminal cases. |
| SUBORDINATE COURTS | TEHSIL / TALUK level | Munsif, Magistrate, Civil Judge (Junior/Senior Division). | Handles minor civil and criminal cases. |
4.2 Judicial Review — The Power of the Courts
Judicial Review is the power of the Supreme Court (and High Courts) to DECLARE ANY LAW passed by Parliament or State Legislature as UNCONSTITUTIONAL if it violates the Fundamental Rights or the Basic Structure of the Constitution.
| Key Case | Year | Impact |
|---|
| Kesavananda Bharati vs State of Kerala | 1973 | Supreme Court declared the BASIC STRUCTURE DOCTRINE — Parliament CAN amend the Constitution (Article 368) but CANNOT destroy its BASIC STRUCTURE (e.g., democracy, secularism, rule of law, fundamental rights, judicial review). |
| Minerva Mills vs Union of India | 1980 | Struck down parts of the 42nd Amendment — affirmed that the Basic Structure Doctrine is valid and that Parliament's amending power is LIMITED. |
| Navtej Singh Johar vs Union of India | 2018 | Struck down Section 377 of the Indian Penal Code — decriminalised homosexuality. |
4.3 Writs — Constitutional Remedies
| Writ | Meaning | When Issued |
|---|
| Habeas Corpus | 'You may have the body' | To release a person who has been UNLAWFULLY detained or arrested. The court orders the detaining authority to PRODUCE the person before the court and justify the detention. |
| Mandamus | 'We command' | To order a public official or government to perform a DUTY they are legally required to perform but have REFUSED/FAILED to do. |
| Prohibition | 'To forbid' | Issued by a HIGHER COURT to a LOWER COURT to stop it from exceeding its jurisdiction. |
| Certiorari | 'To be informed' | To QUASH the order of a lower court or tribunal if it has exceeded its jurisdiction or violated natural justice. |
| Quo Warranto | 'By what authority?' | To challenge a person's RIGHT to hold a public office — requiring them to show the LEGAL AUTHORITY under which they hold the office. |
5. Common Mistakes
- 'The President is the head of the government' — CORRECTION: The President is the Head of State (ceremonial). The Prime Minister is the Head of Government (real executive power).
- 'Rajya Sabha members are directly elected by the people' — CORRECTION: Rajya Sabha members are INDIRECTLY elected — by elected members of State Legislative Assemblies (not by the general public).
- 'The Supreme Court can only hear appeals' — CORRECTION: The Supreme Court has ORIGINAL jurisdiction (direct cases — disputes between Centre/States). APPELLATE jurisdiction (appeals from High Courts). ADVISORY jurisdiction (President can seek its opinion). WRIT jurisdiction (for fundamental rights enforcement).
- 'A bill becomes a law as soon as it is passed by Parliament' — CORRECTION: A bill must also receive the PRESIDENT'S ASSENT before it becomes an act/law. The President can also return the bill for reconsideration (though if Parliament passes it again, the President MUST give assent).
- 'The Prime Minister is elected directly by the people' — CORRECTION: The Prime Minister is NOT directly elected. Voters elect MPs (Members of Parliament). The party/alliance that wins a majority of Lok Sabha seats chooses its leader — who becomes the Prime Minister.
6. Exam Focus
| Topic | Marks (approx.) |
|---|
| Parliament — Lok Sabha and Rajya Sabha | 4-5 |
| How a bill becomes a law (legislative process) | 4-5 |
| President, PM, Council of Ministers — powers and roles | 4-5 |
| Judiciary — Supreme Court, High Courts, Judicial Review | 4-5 |
| Separation of powers and checks and balances | 2-3 |
Key Facts for Quick Revision
- Parliament: Lok Sabha (543 members, directly elected, 5 years). Rajya Sabha (245 members, indirectly elected, permanent/continuous).
- Bill to Law: Introduction → Debate → Committee → Vote → Other House → President's Assent.
- President: Head of State (ceremonial). Elected by Electoral College. 5-year term. Can be impeached.
- PM: Head of Government (real power). Leader of majority party. Chairs Cabinet. Collective responsibility to Lok Sabha.
- Supreme Court: Guardian of Constitution. Judicial Review. Basic Structure Doctrine. Writs.
7. Quick Self-Test
- Why do we need institutions in a democracy? (Answer: For stability, continuity, predictability, and to transform the people's will into government action. Legislature makes laws, Executive implements, Judiciary interprets.)
- Distinguish between Lok Sabha and Rajya Sabha. (Answer: Lok Sabha — directly elected, 543 members, 5-year term, more powerful (money bills, no-confidence). Rajya Sabha — indirectly elected, 245 members, permanent (1/3 retire every 2 years), revising chamber.)
- How does a bill become a law in India? (Answer: Introduction (either House) → First Reading → Second Reading (debate/committee) → Third Reading (vote) → Other House → President's Assent.)
- What is the role of the Prime Minister? (Answer: Head of Government. Leader of the majority party. Chairs the Cabinet. Makes all major policy decisions. Collective responsibility to Lok Sabha.)
- What is the Basic Structure Doctrine? (Answer: Established in Kesavananda Bharati (1973). Parliament can amend the Constitution but cannot destroy its BASIC STRUCTURE (democracy, secularism, fundamental rights, federalism, judicial review).)
- Name the three organs of government and their functions. (Answer: Legislature (makes laws), Executive (implements laws), Judiciary (interprets laws).)
- What are writs? Name any two. (Answer: Writs are constitutional remedies (Article 32) to enforce fundamental rights. Examples: Habeas Corpus (unlawful detention), Mandamus (order to perform duty), Certiorari (quash order), Prohibition (forbid lower court), Quo Warranto (challenge right to public office).)
- What is the difference between the President and the Prime Minister of India? (Answer: President — Head of State, ceremonial, elected by Electoral College. PM — Head of Government, real power, leader of majority party, appointed by President.)
- What is Judicial Review? (Answer: The power of the Supreme Court and High Courts to strike down any law that violates the Constitution. The court can declare a law UNCONSTITUTIONAL.)
- What is the significance of Kesavananda Bharati vs State of Kerala (1973)? (Answer: Established the Basic Structure Doctrine — Parliament's amending power is NOT absolute. It cannot destroy the Constitution's basic features.)
