WORKING OF INSTITUTIONS

 Ch-5. Working of Institutions

Q1.    Why is there a need for political institutions? 

Ans 1. Need for Political Institutions:

∙ The government is responsible for ensuring security to the citizens and providing facilities for education and health to all. 

∙ It collects taxes and spends the money, thus raised on administration, defence and development programmes. 

∙ It formulates and implements several welfare schemes. Some people have to make decisions on how to go about these activities. Others have to implement these decisions.

∙ If disputes arise on these decisions or in their implementation, there should be someone to determine what is right and what is wrong. It is important that everyone should know who is responsible for doing what. 

∙ It is also important that these activities keep taking place even if the persons in key positions change.

 So, to attend to all these tasks, several arrangements are made in all modern democracies. Such arrangements are called institutions. A democracy works well when these institutions perform functions assigned to them.

Q2. Explain the major powers and functions of the Parliament.

OR

‘Parliament is the supreme legislature of India.’ Justify the statement

Ans 2. In all democracies, an assembly of elected representatives exercises supreme political authority on behalf of the people. In India such a national assembly of elected representatives is called a Parliament. At the state level this is called Legislature or Legislative Assembly.

It exercises political authority on behalf of the people in many ways:

∙ Parliament is the final authority for making laws in any country. This task of law making or legislation is so crucial that these assemblies are called legislatures. Parliaments all over the world can make new laws, change existing laws, or abolish existing laws and make new ones in their place. 

∙ Parliaments all over the world exercise some control over those who run the government. In some countries like India this control is direct and full. Those who run the government can take decisions only so long as they enjoy support of the Parliament. 

∙ Parliaments control all the money that governments have. In most countries the public money can be spent only when the Parliament sanctions it. 

∙ Parliament is the highest forum of discussion and debate on public issues and national policy in any country. Parliament can seek information about any matter

Q3. How does Lok Sabha exercise supreme power?

Or

‘Lok Sabha is more powerful than Rajya Sabha’. Analyse the statement.

Or

Which house of the parliament is more powerful in India and Why? Give reasons. 

Ans 3. The Rajya Sabha is called the ‘Upper chamber’ and the Lok Sabha the ‘Lower Chamber’. But this does not mean that the Rajya Sabha is more powerful than theLok Sabha. Our Constitution does give the Rajya Sabha some special powers over the states. But on most matters, the Lok Sabha exercises supreme power. 

∙ Any ordinary law needs to be passed by both Houses. But if there is a difference between the two Houses, the final decision is taken in a joint session in which members of both the Houses sit together. Because of the larger number of members, the view of the Lok Sabha is likely to prevail in such a meeting.

∙Lok Sabha exercises more power in money matters. Once the Lok Sabha passes the budget of the government or any other money related law, the Rajya Sabha cannot reject it. The Rajya Sabha can only delay it by 14 days or suggest changes in it. The Lok Sabha may or may not accept these changes.

• Most importantly, the Lok Sabha controls the Council of Ministers. Only a person who enjoys the support of the majority of the members in the Lok Sabha is appointed as the Prime Minister. If the majority of the Lok Sabha members say they have ‘no confidence’ in the Council of Ministers, all ministers including the Prime Minister, have to quit. The Rajya Sabha does not have this power. 

Q4.  ‘The Judges of the Supreme Court are not supposed to act on the direction and wishes of the executive’. Analyse the statement.

OR

Explain the constitutional provisions for making the judiciary independent. 

Ans 4.∙ Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. That is why all modern democracies have courts that are independent of the legislature and the executive. India has achieved this. 

∙ The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. In practice it now means that the senior judges of the Supreme Court select the new judges of the Supreme Court and the High Courts. There is very little scope for interference by the political executive. 

∙ The judiciary in India is also one of the most powerful in the world. They can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review.

∙ The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.

• The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights i.e. the citizens have a right to approach the courts to seek remedy in case of any violation of their rights.

Q5. Explain how the judges of the Supreme Court and High Courts appointed and how can a judge be removed? 

Ans 5∙ The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. 

∙ In practice it now means that the senior judges of the Supreme Court select the new judges of the Supreme Court and the High Courts. There is very little scope for interference by the political executive. 

∙ Once a person is appointed as judge of the Supreme Court or the High Court it is nearly impossible to remove him or her from that position. It is as difficult as removing the President of India. A judge can be removed only by an impeachment motion passed separately by two thirds members of the two Houses of the Parliament.

Q6. Why do political executives have more power than the permanent executives? 

Ans 6 ∙ In a democracy, the will of the people is supreme. The minister is elected by the people and thus empowered to exercise the will of the people on their behalf.       ∙ All the political executives are answerable to the people. The people can change them if they don’t work according to the wishes of the people.

∙ The non-political executives are the experts in their field but political executives have to see the welfare of all. 

∙ The experts can tell the route, but the political executives have a larger view so they decide the destination.

Q7. Why was the Mandal Commission set-up? What did it recommend to the government?

Ans7. The Government of India appointed the Second Backward Classes Commission in the year 1979. B P Mandal was the head of Mandal Commission. Thus, it was popularly known as Mandal Commission.
It was appointed in order to;
(i) determine the criteria to identify the Socially and Educationally Backward Classes (SEBCs) in India.
(ii) to recommend steps to be taken for their advancement.
The commission gave its report in 1980 and made following recommendations:
27% of the government jobs be reserved for the Socially and Educationally Backward Classes.
The report and recommendations were discussed in the Parliament. On 6th August 1990, the Government of India took a formal decision to implement the recommendations.

Q8. Explain the ‘Indira Sawhney and others Vs union case’. 

Ans 8∙ Some persons and associations opposed and filed a number of cases in the courts regarding the reservation of jobs for backward classes. They appealed to the courts to declare the order invalid and stop its implementation. The Supreme Court of India bunched all these cases together. This case was known as the ‘Indira Sawhney and others Vs Union of India case’. 

∙ Eleven judges of the Supreme Court heard arguments from both sides. By a majority, the Supreme Court judges in 1992 declared that this order of the Government of India was valid. At the same time the Supreme Court asked the government to modify its original order. It said that well-to-do persons among the backward classes should be excluded from getting the benefit of reservation. 

∙ Accordingly, the Department of Personnel and Training issued another Office Memorandum on September 8, 1993. The dispute thus came to an end and this policy has been followed since then.

Q9. Describe the powers of the Supreme Court.

Ans 9. India has an integrated judiciary which means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country. 

Powers of the Supreme Court are:

1. It can take up any dispute

• Between citizens of the country

• Between citizens and government

• Between two or more state governments

• Between governments at the union and state level

2.  It is the highest court of appeal in criminal and civil cases.

3. The Supreme Court can hear appeals against decisions of the High Courts.

4. The Supreme Court has the power to interpret the Constitution of the Country.

5. The powers and independence of the judiciary allows it to act as the guardian of Fundamental Rights.

Q 10. Describe the powers and functions of the Prime Minister of India.

OR  The Prime Minister is the head of the government. Justify the statement.

Ans 10.Powers of the Prime Minister

As head of the government, the Prime Minister has wide-ranging powers, which are mentioned below:

1. The Prime Minister chairs Cabinet meetings. He is the head of the government.

2. He coordinates the work of different Departments.

3. His decisions are final in case disagreements arise between Departments.

4. He exercises general supervision of different ministries.

5. All ministers work under his leadership.

6. The Prime Minister distributes and redistributes work to the ministers.

7. He has the power to dismiss ministers.

8. When the Prime Minister quits, the entire ministry quits.

 

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