1. Organs of Constitutional Governance: Legislature, Executive, and Judiciary
– Legislature: The legislative branch is responsible for making laws. In India, it is a bicameral system, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Members of the Lok Sabha are directly elected by the people, while members of the Rajya Sabha are elected by the elected members of the State Legislative Assemblies.
– Executive: The executive branch is responsible for implementing and enforcing laws. It is headed by the President of India, who is the ceremonial head of state. The real executive power is exercised by the Prime Minister and the Council of Ministers. The President is elected by an electoral college, and the Prime Minister is usually the leader of the majority party in the Lok Sabha.
– Judiciary: The judicial branch interprets the laws and ensures that they are in conformity with the Constitution. The Supreme Court is the highest court in India, with the power of judicial review. It has the authority to interpret the Constitution, hear appeals from lower courts, and safeguard the fundamental rights of citizens.
2. Meaning and Significance of Constitutional Governance:
– Meaning: Constitutional governance refers to the system of government where the powers, functions, and limits of each branch of government are defined by a constitution. It establishes the framework for the political and legal organization of a country.
– Significance: Constitutional governance ensures that there is a set of fundamental principles and rules that guide the functioning of the state. It provides a legal and political structure that protects the rights and liberties of individuals and establishes a system of checks and balances to prevent the abuse of power.
3. Principles and Features of Constitutional Governance:
– Rule of Law: All individuals, including government officials, are subject to and accountable under the law.
– Separation of Powers: The powers of the government are divided among the legislative, executive, and judicial branches to prevent the abuse of power.
– Fundamental Rights: The constitution guarantees certain fundamental rights to citizens, ensuring protection against arbitrary state actions.
– Directive Principles of State Policy: These are guidelines for the government to promote social justice and the welfare of the people.
– Federalism: India follows a federal structure with a division of powers between the central and state governments.
– Parliamentary Democracy:
India follows a parliamentary system of democracy, where the executive is drawn from the legislature, and the Prime Minister is the head of the government.
4. Relationship and Balance Between the Three Organs:
– Checks and Balances: The Constitution provides mechanisms to ensure that no single organ of the government becomes too powerful. Each organ has some checks on the others to maintain a balance of power.
– Independence of the Judiciary: The judiciary is independent and has the power of judicial review, allowing it to strike down any law or action that violates the Constitution.
– Executive’s Role in the Legislature: The executive is accountable to the legislature, and the Prime Minister and the Council of Ministers must have the confidence of the majority in the Lok Sabha.
– Legislative Oversight: The legislature has the power to scrutinize and question the actions of the executive through mechanisms like parliamentary committees and debates.
– Constitutional Amendments: The Constitution can be amended to accommodate changing needs, but the basic structure and principles are safeguarded.
In summary, the making of the Indian Constitution involved careful consideration of the roles and powers of the Legislature, Executive, and Judiciary. The Constitution embodies principles such as the rule of law, separation of powers, and protection of fundamental rights, creating a framework for constitutional governance with a delicate balance between the three organs of the state.
1. Legislature:
The Indian Legislature is bicameral, consisting of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Parliament of India, as a whole, is responsible for making laws, debating issues, and representing the interests of the people.
2. Composition and Functions of the Parliament:
– Lok Sabha:
– Members: Elected by the people through direct elections.
– Duration: 5 years, unless dissolved earlier.
– Speaker: Presides over the Lok Sabha.
– Functions: Legislative authority, control over the executive, financial control, and representation of the people.
– Rajya Sabha:
– Members: Indirectly elected by the elected members of the State Legislative Assemblies.
– Duration: 6 years, with one-third of members retiring every two years.
– Vice President: Serves as the ex-officio Chairman of the Rajya Sabha.
– Functions: Represents the states, acts as a revising chamber, and participates in legislation.
3. Role and Powers of the Lok Sabha and the Rajya Sabha:
– Lok Sabha:
– Primary House for legislation.
– Grants budgetary approval.
– Exercises control over the executive through questions, debates, and motions.
– Rajya Sabha:
– Represents states and Union territories.
– Reviews and suggests amendments to legislation initiated in the Lok Sabha.
– Has special powers in matters concerning states.
4. Parliamentary Privileges and Immunities:
– Privileges:
– Freedom of speech and expression for members.
– Immunity from legal action for speeches and votes in the house.
– Immunities:
– Freedom from arrest during the session.
– No civil or criminal proceedings for anything said or votes cast.
5. Parliamentary Committees and Procedures:
– Committees:
– Standing Committees: Permanent committees that examine bills and issues.
– Select Committees: Formed for specific bills.
– Joint Committees: Include members from both houses.
– Procedures:
– Question Hour: Members can ask questions to ministers.
– Zero Hour: Raised without prior notice.
– Adjournment Motion: Used to draw attention to an urgent matter.
– Debates and Voting: Core processes for legislation.
The making of the Indian Constitution involved careful consideration of these aspects to ensure a balanced and effective system of governance.
Executive
1. Composition and Functions of the Union Executive:
– President:
– Election: The President is elected by an electoral college consisting of the elected members of both houses of Parliament, as well as the elected members of the Legislative Assemblies of the States and Union territories.
– Term: The President’s term is five years, and there is no limit on the number of terms a person can serve.
– Powers and Functions: The President is the ceremonial head of the state and the supreme commander of the armed forces. The President’s powers include the appointment of the Prime Minister, the dissolution of the Lok Sabha, and the assent to bills passed by Parliament.
– Vice-President:
– Election: The Vice-President is elected by the members of an electoral college consisting of the members of both houses of Parliament.
– Term: Like the President, the Vice-President’s term is five years.
– Functions: The Vice-President serves as the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament). In the absence of the President, the Vice-President can perform the duties of the President.
– Prime Minister:
– Appointment: The Prime Minister is appointed by the President and is usually the leader of the majority party in the Lok Sabha (Lower House of Parliament).
– Functions: The Prime Minister is the head of the government, responsible for formulating policies, making major decisions, and leading the Council of Ministers. The Prime Minister represents India in international forums.
– Council of Ministers:
– Composition: The Council of Ministers consists of Cabinet Ministers, Ministers of State, and Deputy Ministers, each heading specific government departments.
– Functions: The Council of Ministers aids and advises the President in the exercise of his functions. They are collectively responsible to the Lok Sabha. The Cabinet, headed by the Prime Minister, is the key decision-making body.
2. Role and Powers of the President, the Vice-President, the Prime Minister, and the Council of Ministers:
– President:
– Executive Powers: The President has the power to appoint the Prime Minister, other ministers, and the Attorney General. He/she can also appoint the Governor of a state, the Chief Justice, and Judges of the Supreme Court and High Courts.
– Legislative Powers: The President summons and prorogues sessions of Parliament, addresses the Parliament, and can dissolve the Lok Sabha.
– Vice-President:
– Chairman of the Rajya Sabha: The Vice-President is the ex-officio Chairman of the Rajya Sabha. He/she presides over its sessions and maintains order.
– Prime Minister:
– Head of Government: The Prime Minister is the leader of the Council of Ministers and is responsible for coordinating the work of various ministries and departments.
– Policy Formulation: The Prime Minister plays a crucial role in policy formulation and decision-making.
– Council of Ministers:
– Policy Implementation: Each minister is responsible for the functioning of his/her respective ministry and the implementation of policies related to it.
– Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. They must resign if a vote of no confidence is passed against them.
3. Relationship between the President and the Prime Minister:
– The President and the Prime Minister have distinct roles. While the President is the ceremonial head, the Prime Minister is the head of the government.
– The President appoints the Prime Minister and other ministers on the advice of the Prime Minister.
– The Prime Minister is expected to keep the President informed about the decisions of the government and to seek his/her approval on certain matters.
4. Collective and Individual Responsibility of the Council of Ministers:
– Collective Responsibility:
– All decisions of the Council of Ministers are collective. Once a decision is taken, all ministers must publicly support it.
– If the Lok Sabha passes a vote of no confidence against the Council of Ministers, the entire government must resign.
– Individual Responsibility:
– Each minister is individually responsible for the functioning of his/her ministry. If there is a failure or controversy related to a specific ministry, the concerned minister is held accountable.
– Ministers can also be asked to resign if they are found to be individually responsible for any wrongdoing or incompetence.
In summary, the Union Executive in India is a multi-tiered structure with the President at the top, followed by the Vice-President, the Prime Minister, and the Council of Ministers. The roles, powers, and responsibilities of each component are carefully defined to maintain a balance of power and ensure effective governance.
1. Judiciary:
The judiciary in India is an integral part of the democratic system, entrusted with the task of interpreting the Constitution and ensuring justice. It plays a crucial role in upholding the rule of law and protecting the rights of individuals. The judiciary in India is a hierarchical system with the Supreme Court at the apex, followed by High Courts at the state level and subordinate courts.
2. Composition and functions of the Supreme Court:
Composition:
The Supreme Court of India is the highest court in the country. It is headed by the Chief Justice of India and consists of a maximum of 34 judges, including the Chief Justice. The President of India appoints judges based on recommendations from the Collegium, a body of senior judges.
Functions:
The primary functions of the Supreme Court include:
– Judicial Review: Ensuring the constitutionality of laws and actions of the executive and legislative branches.
– Appellate Jurisdiction: Hearing appeals from lower courts and tribunals.
– Advisory Jurisdiction: Providing advice to the President on legal matters.
3. Role and powers of the Chief Justice and the Judges of the Supreme Court:
Chief Justice:
The Chief Justice of India is the head of the judiciary. Some key roles and powers include:
– Administrative Head: Manages the overall functioning of the Supreme Court.
– Presiding Officer: Leads the proceedings during hearings.
– Appointment: Participates in the appointment of judges.
Judges:
Other judges of the Supreme Court have responsibilities such as:
– Adjudication: Deciding on cases brought before the court.
– Constitutional Interpretation: Interpreting the Constitution to resolve legal issues.
– Participation in Collegium: In the appointment and transfer of judges.
4. Independence and accountability of the judiciary:
Independence:
The Indian Constitution ensures judicial independence by:
– Security of Tenure: Judges cannot be removed except through a stringent impeachment process.
– Salaries and Allowances: Fixed to prevent executive interference.
– Immunity: Judges are immune from legal proceedings for their official actions.
Accountability:
While judges are independent, accountability mechanisms include:
– Judicial Standards and Accountability Bill: Addresses issues of judicial misconduct.
– In-House Mechanism: A process within the judiciary to address complaints against judges.
5. Judicial review and judicial activism:
Judicial Review:
The power of the judiciary to review and invalidate laws and actions that violate the Constitution. It is a crucial aspect of ensuring the supremacy of the Constitution.
Judicial Activism:
Refers to instances where the judiciary goes beyond its traditional role of interpreting laws and actively participates in shaping and influencing public policy. It involves judges interpreting the Constitution in a way that promotes justice and fundamental rights.
In the making of the Indian Constitution, these aspects were carefully considered to establish a robust and independent judiciary that plays a vital role in upholding the principles of justice, equality, and the rule of law.