Module 2-Union Executive and State Executive:
Powers of Indian Parliament
The Indian Parliament is the supreme law-making body of India. It has the authority to make laws, control finances, and check the work of the government.
Main Powers of the Parliament:
1. Legislative Powers: The Parliament can make, change, or repeal laws on subjects listed in the Union and Concurrent lists (such as defense, finance, education).
2. Financial Powers: It controls the country's finances. The government must get Parliament's approval to spend money or impose taxes.
3. Amending the Constitution: Parliament has the power to amend (make changes to) the Constitution when needed.
4. Judicial Powers: Parliament can take actions in cases like impeaching the President or removing judges if they violate their duties.
5. Electoral Powers: Parliament members participate in the election of the President and Vice-President of India.
Functions of Rajya Sabha
Rajya Sabha, also known as the Council of States, is the upper house of Parliament. It represents the states of India and has a maximum of 250 members.
Main Functions of the Rajya Sabha:
1. Legislative Function: The Rajya Sabha reviews, debates, and passes bills. However, it cannot introduce or vote on money bills (related to taxes or spending) but can discuss them.
2. Representation of States: It represents the interests of the states at the national level, allowing members from each state to discuss their concerns.
3. Review Function: It acts as a check on the Lok Sabha by reviewing and suggesting changes to the bills passed by the Lok Sabha.
4. Electoral Function: Rajya Sabha members participate in the election of the President and Vice-President of India.
5. Permanent House: Unlike the Lok Sabha, the Rajya Sabha is a permanent body and cannot be dissolved. Every two years, one-third of its members retire and new members are elected.
Functions of Lok Sabha
Lok Sabha, also known as the House of the People, is the lower house of Parliament. It represents the people of India and has a maximum of 552 members, who are directly elected by the citizens of India.
Main Functions of the Lok Sabha:
1. Legislative Function: The Lok Sabha introduces, debates, and passes laws. Both ordinary and money bills are introduced here.
2. Control over Finances: Only the Lok Sabha can introduce money bills. The government must get Lok Sabha’s approval for budget and tax-related matters.
3. Control over the Government: The Lok Sabha can question the government, discuss its policies, and hold it accountable. The government needs to have the support of the Lok Sabha to stay in power.
4. Electoral Function: Members of the Lok Sabha take part in the election of the President and Vice-President.
5. Amendment of the Constitution: The Lok Sabha plays a role in amending the Constitution by approving changes.
Summary
- Indian Parliament: Makes laws, controls finances, and oversees the government.
- Rajya Sabha: Represents the states, reviews laws, and has a permanent structure with members retiring every two years.
- Lok Sabha: Represents the people, controls finances, can question the government, and introduces most of the bills.
Powers and Functions of the President of India
The President of India is the head of state and the supreme commander of the armed forces. Although the President has many powers, they mostly perform ceremonial duties, while the real power lies with the Prime Minister and the Council of Ministers.
Main Powers and Functions:
1. Executive Powers:
- The President appoints the Prime Minister and other ministers, but they must have the support of the majority in the Lok Sabha.
- The President appoints important officials like judges of the Supreme Court and High Courts, governors of states, and ambassadors.
2. Legislative Powers:
- The President can summon (call) and prorogue (end) the sessions of Parliament.
- The President can dissolve the Lok Sabha, meaning they can end the term of the Lok Sabha early on the advice of the Prime Minister.
- Bills passed by Parliament must be signed by the President to become laws. This is called assent.
3. Financial Powers:
- No money bill (related to government spending or taxes) can be introduced in Parliament without the President’s permission.
4. Judicial Powers:
- The President has the power to pardon, commute, or reduce the punishment of people convicted of crimes, especially in cases involving the death penalty.
5. Military Powers:
- The President is the supreme commander of the armed forces. However, the President cannot declare war or make peace without the approval of Parliament.
6. Emergency Powers:
- The President can declare emergencies, such as a National Emergency, State Emergency (President's Rule), or Financial Emergency, which grants more power to the central government.
Comparison of Powers of the Indian President with the President of the United States
The Presidents of India and the United States both hold the highest office in their respective countries, but they have different levels of power and functions due to the differences in the political systems.
Comparison of Powers: President of India vs. President of the United States
| Aspect | President of India | President of the United States |
|---|---|---|
| Type of Government | Parliamentary System | Presidential System |
| Role | Mostly ceremonial; real power lies with the Prime Minister and Council of Ministers | Head of both state and government; holds real executive powers |
| Executive Powers | Executes decisions based on the advice of the Prime Minister and Council of Ministers | Has significant decision-making power; heads the executive branch |
| Military Powers | Supreme Commander of Armed Forces but needs Parliament’s approval to declare war | Supreme Commander and can make independent military decisions (with some Congressional checks) |
| Legislative Powers | Can summon Parliament and give assent to bills; doesn’t directly participate in law-making | Can veto bills from Congress but can also propose laws to Congress |
| Appointment Powers | Appoints Prime Minister, judges, governors, and other officials, with advice | Appoints Cabinet members, federal judges, and other officials, often needing Senate approval |
| Emergency Powers | Can declare National, State, or Financial Emergency based on the situation | No such broad emergency powers; limited emergency authority (e.g., declaring martial law in specific cases) |
| Removal | Can be impeached by Parliament but only on specific grounds | Can be impeached by Congress for high crimes and misdemeanors |
Summary
- The President of India has limited real power and acts based on the advice of the Prime Minister and Council of Ministers. They perform ceremonial duties and exercise powers in certain situations.
- The President of the United States has more executive power, acting as both the head of state and head of government, with significant authority in decision-making, particularly in the executive and military areas.
Powers and Functions of the Prime Minister of India
The Prime Minister of India is the head of the government and holds the most powerful position in the Indian political system. The Prime Minister leads the government and makes important decisions about how the country is run.
Main Powers and Functions:
1. Leader of the Government:
- The Prime Minister leads the Council of Ministers and oversees their work. All ministers work under the guidance of the Prime Minister.
2. Chief Advisor to the President:
- The Prime Minister advises the President on important issues, including appointing ministers, declaring emergencies, and foreign relations.
3. Head of the Cabinet:
- The Prime Minister leads Cabinet meetings, where important decisions on national issues are made. The Cabinet consists of senior ministers in charge of different departments, like finance, defense, and health.
4. Policy Maker:
- The Prime Minister is involved in forming policies (plans of action) that affect the economy, education, health, defense, and foreign relations.
5. Representative of the Country:
- The Prime Minister represents India in other countries and international organizations, attending meetings and signing agreements with foreign leaders.
6. Link Between President and Parliament:
- The Prime Minister acts as a link between the President and Parliament, helping coordinate work between them.
Judiciary – The Independence of the Supreme Court
The Supreme Court is the highest court in India and the guardian of the Constitution. Judicial independence means that the Supreme Court can make decisions freely, without interference from the government, politicians, or other outside influences. This independence is crucial for a fair and just legal system.
How the Independence of the Supreme Court is Protected:
1. Appointment of Judges:
- Judges of the Supreme Court are appointed by a specific process involving the President and a committee of senior judges. This helps prevent political influence in choosing judges.
2. Fixed Tenure and Salary:
- Judges have a secure job until the age of retirement, and their salaries cannot be reduced by the government. This security ensures that judges can make unbiased decisions without fear of losing their jobs or benefits.
3. Protection from Removal:
- A judge can only be removed from office for serious misconduct or incapacity, and it requires a lengthy process with approval from both houses of Parliament.
4. Judicial Review:
- The Supreme Court has the power to review laws passed by Parliament to ensure they do not violate the Constitution. If a law is found unconstitutional, the Supreme Court can strike it down, making it invalid.
5. No Pressure from the Government:
- The Supreme Court has the freedom to make decisions without any pressure or interference from the government or political leaders, allowing it to protect the rights of citizens and uphold justice fairly.
Summary
- Prime Minister: Leads the government, advises the President, heads the Cabinet, makes policies, represents the country internationally, and acts as a link between the President and Parliament.
- Independence of the Supreme Court: Ensures that the Supreme Court can make fair decisions without interference, protected by secure appointments, salary, protection from removal, and the power of judicial review.
Appointment of Judges
The Appointment of Judges is the process of selecting and appointing judges to the courts in India, especially to the higher courts like the Supreme Court and High Courts. This process is important to ensure that qualified, fair-minded, and independent individuals are chosen as judges to make just decisions for the country.
How Judges are Appointed:
1. Supreme Court Judges:
- Judges of the Supreme Court are appointed by the President of India.
- The Chief Justice of India and senior judges are usually consulted in this process. This is called the "collegium system," where senior judges recommend candidates for appointment.
- This process helps keep the judiciary independent, as it prevents direct government interference in selecting judges.
2. High Court Judges:
- Similar to the Supreme Court, High Court judges are also appointed by the President.
- The Chief Justice of the High Court, along with the Chief Justice of India, is consulted to make sure suitable candidates are chosen.
The goal of this process is to select judges based on their knowledge, experience, and fairness so they can protect the rights of people and uphold the law.
Judicial Review
Judicial Review is the power of the courts, especially the Supreme Court, to review the actions of the government and laws passed by the Parliament or state legislatures. This means the Supreme Court can check if a law or action violates the Constitution of India.
How Judicial Review Works:
1. Review of Laws:
- If a law passed by Parliament or a state government is thought to be against the Constitution, people can challenge it in the Supreme Court or High Court.
- The court will then review the law and decide if it is constitutional (allowed by the Constitution) or unconstitutional (against the Constitution).
2. Protecting Rights:
- Judicial Review allows the courts to protect people’s fundamental rights by ensuring that laws or government actions do not unfairly restrict those rights.
3. Maintaining Balance of Power:
- Judicial Review helps keep the government in check. It makes sure that the legislative and executive branches do not misuse their power by passing laws or taking actions that are unfair or unconstitutional.
Example of Judicial Review:
If the government passes a law that restricts freedom of speech, citizens can challenge it in court. The Supreme Court would review this law and could strike it down (cancel it) if it is found to violate the Constitution.
Summary
- Appointment of Judges: The process of selecting qualified and fair judges for the Supreme Court and High Courts, mainly by the President with the help of senior judges, ensuring judicial independence.
- Judicial Review: The power of the courts to review laws and government actions to make sure they do not violate the Constitution, protecting citizens’ rights and keeping government power in check.
Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is a special type of legal action taken to protect the rights or interests of the general public or specific groups who may not be able to approach the court themselves. It allows any citizen or organization to file a case in court for the benefit of society, even if they are not directly affected by the issue.
How Public Interest Litigation Works:
- In a PIL, a person or group files a case in court on behalf of the public or a specific community.
- The goal is to address issues that affect the public, such as environmental protection, human rights, or corruption.
- PILs can be filed in the High Courts or Supreme Court of India.
Example of Public Interest Litigation:
Imagine there’s a factory polluting a river, affecting people’s health. Even if the affected people don’t file a case, someone else (like an environmental organization) can file a PIL to make the factory stop polluting.
Why PILs are Important:
- PILs give people a way to seek justice for issues affecting the whole community.
- They help protect the rights of underprivileged groups or the environment.
- PILs make it easier for the courts to address issues of public importance and bring about positive social change.
Judicial Activism
Judicial Activism is when courts actively use their powers to make important decisions that protect the rights of people, uphold justice, and make changes in society. Through judicial activism, judges sometimes go beyond simply interpreting the law and take bold steps to ensure fairness and justice.
How Judicial Activism Works:
- Judicial activism means the judiciary takes an active role in checking the actions of the government or legislature to protect citizens’ rights.
- Courts sometimes take strong actions, even if it means interpreting laws in new ways to bring justice.
- Judicial activism often leads to important rulings on issues like human rights, environmental protection, or corruption.
Example of Judicial Activism:
Suppose a law limits people’s freedom of speech in an unfair way. The court could use judicial activism to challenge and change the law, even if the government supports it, ensuring that people’s rights are protected.
Why Judicial Activism is Important:
- Judicial activism empowers the judiciary to stand up for people’s rights.
- It ensures that the government doesn’t misuse its power or make unfair laws.
- It brings about social changes by protecting citizens from unfair actions and ensuring that justice is upheld.
Summary
- Public Interest Litigation (PIL): A legal action taken by a person or group in the public’s interest, even if they are not directly affected, to address important issues affecting the community.
- Judicial Activism: When the courts take an active role in protecting rights and ensuring justice, sometimes interpreting laws in new ways to benefit society.
Lokpal
Lokpal is an anti-corruption authority in India created to investigate and act against corruption by government officials and politicians. Think of the Lokpal as a "watchdog" that helps keep an eye on high-ranking officials to ensure they are honest and not involved in corrupt practices.
Key Points about Lokpal:
- The Lokpal can investigate complaints of corruption against government officials, including ministers and members of Parliament.
- It is an independent body, which means it operates separately from the government to stay unbiased.
- The Lokpal can recommend punishment or take action if they find proof of corruption.
Lok Ayukta
Lok Ayukta is a similar anti-corruption authority at the state level in India. It works like the Lokpal but focuses on state government officials, ensuring that they are not involved in corrupt activities.
Key Points about Lok Ayukta:
- Lok Ayuktas operate at the state level to investigate complaints of corruption against state government officials and ministers.
- They were created to keep state governments honest and accountable.
- Like Lokpal, the Lok Ayuktas are independent and are intended to investigate without government interference.
The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Act, 2013 is a law passed by the Indian government to officially create and define the powers of Lokpal at the national level and Lok Ayuktas at the state level. This law was made to help fight corruption in government and to create a fair and transparent system for investigating complaints.
Key Features of the Lokpal and Lokayuktas Act, 2013:
1. Establishment of Lokpal:
- The law officially establishes Lokpal as an independent body at the national level to investigate corruption among high-level officials.
2. Establishment of Lok Ayuktas:
- The Act suggests that each state should have its own Lok Ayukta to investigate state-level corruption. However, it leaves the structure of Lok Ayuktas to each state, so they can decide how it should work.
3. Scope of Investigation:
- The Lokpal can investigate complaints against high-ranking officials, including the Prime Minister (with certain conditions), other ministers, and members of Parliament, as well as senior government officers.
4. Time-Bound Investigations:
- The Act encourages investigations to be completed quickly, with timelines to ensure that action is taken without unnecessary delay.
5. Penalties for Corruption:
- If the Lokpal or Lok Ayukta finds proof of corruption, they can recommend punishment, fines, or other actions to hold corrupt officials accountable.
Why This Act is Important:
The Lokpal and Lokayuktas Act, 2013, was created to make the government more honest and accountable, helping reduce corruption and ensure that public officials act responsibly. This Act was a big step towards making India’s government more transparent and fair.
Summary
- Lokpal: A national anti-corruption body to investigate corruption by central government officials and politicians.
- Lok Ayukta: A similar anti-corruption body at the state level to investigate state government officials.
- The Lokpal and Lokayuktas Act, 2013: A law that created the Lokpal and recommended Lok Ayuktas in states to fight corruption in government and ensure accountability.
Powers and Functions of the Governor
The Governor is the head of a state in India and acts as a representative of the central government at the state level. The Governor's job is similar to that of the President at the national level but within a state. While the Chief Minister and the state government make decisions, the Governor performs important functions and has specific powers.
Key Powers and Functions of the Governor:
1. Executive Powers:
- The Governor appoints the Chief Minister and other ministers. He or she ensures that the state government runs according to the Constitution.
- The Governor is responsible for approving laws and policies made by the state government.
2. Legislative Powers:
- The Governor has the power to call and dismiss sessions of the State Legislature (where state laws are discussed and made).
- The Governor gives approval to bills passed by the state legislature. Once approved by the Governor, a bill becomes a law.
- The Governor can also suggest changes in laws if necessary.
3. Financial Powers:
- The Governor must approve the state budget, which is a plan for how the state will spend its money.
- Any money-related bill, or financial bill, needs the Governor's permission before it can be introduced in the legislature.
4. Judicial Powers:
- The Governor can pardon or reduce the punishment of someone convicted of a crime in the state, especially for cases related to state laws.
5. Discretionary Powers:
- In certain situations, the Governor can act independently (without advice from the Chief Minister) if there’s a constitutional crisis in the state or if the state government is not following the Constitution.
Powers and Functions of the Chief Minister
The Chief Minister is the head of the government in a state and the leader of the ruling party in the State Legislature. The Chief Minister is responsible for running the state government and making decisions about how the state should be governed.
Key Powers and Functions of the Chief Minister:
1. Head of the State Government:
- The Chief Minister leads the state government and makes important decisions on how the state will be run.
- He or she supervises the work of other ministers and departments to ensure everything runs smoothly.
2. Advisor to the Governor:
- The Chief Minister advises the Governor on state matters and helps with the appointment of ministers.
- Most of the decisions made by the Governor are based on the advice of the Chief Minister.
3. Leader of the Council of Ministers:
- The Chief Minister heads the Council of Ministers, which includes ministers in charge of various departments like education, health, and finance.
- The Chief Minister assigns tasks to ministers and ensures they work on improving their departments.
4. Responsible for State Policy:
- The Chief Minister and their cabinet create policies (plans of action) on different issues like health, education, and economic growth to improve the state.
- The Chief Minister plays a key role in creating and implementing state laws.
5. Link with the Central Government:
- The Chief Minister represents the state in meetings with the central government and works with central officials on issues that affect the state.
- This role ensures that the state and central governments work together smoothly.
Summary
- Governor: The Governor is the head of a state and represents the central government. The Governor has powers to approve laws, handle state legislature sessions, approve the budget, pardon punishments, and sometimes act independently in special cases.
- Chief Minister: The Chief Minister is the head of the state government and leads the state’s ruling party. The Chief Minister advises the Governor, leads the Council of Ministers, makes policies for the state, and serves as a link between the state and central government.
Functions of the State Cabinet
The State Cabinet is a small group of senior ministers within the state government, led by the Chief Minister. The Cabinet is responsible for making important decisions about how the state is governed and how it can be improved.
Key Functions of the State Cabinet:
1. Making Policies and Plans:
- The Cabinet makes policies (plans of action) on various issues like health, education, agriculture, and infrastructure to develop the state and improve people’s lives.
2. Implementing Laws:
- The Cabinet ensures that laws passed by the State Legislature are carried out effectively. They make sure all government departments follow these laws.
3. Preparing the State Budget:
- The Cabinet is responsible for preparing the state budget, which is a plan for how money will be spent in the state. It allocates funds for different areas like education, health, and development.
4. Advising the Governor:
- The Cabinet advises the Governor on important state matters. Most decisions made by the Governor are based on the advice of the Cabinet.
5. Handling Emergencies:
- In case of emergencies, such as natural disasters or severe crises, the Cabinet makes quick decisions to protect people and provide necessary help.
6. Supervising Government Departments:
- The Cabinet monitors different government departments (like education, health, and transportation) to ensure they are functioning effectively and meeting state goals.
Functions of the State Legislature
The State Legislature is the law-making body at the state level. It consists of elected representatives who make laws, discuss state issues, and hold the government accountable. In some states, the legislature has two parts: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad), while in others, it only has the Legislative Assembly.
Key Functions of the State Legislature:
1. Making Laws:
- The main function of the State Legislature is to make laws for the state. These laws cover areas like health, education, police, agriculture, and other subjects under the state’s authority.
2. Approving the Budget:
- The State Legislature discusses and approves the state budget prepared by the Cabinet. This budget decides how much money will be spent on different areas to develop the state.
3. Discussing State Issues:
- Members of the legislature discuss important issues affecting the state, such as education, healthcare, employment, and development. They suggest ideas to improve these areas.
4. Monitoring the Government:
- The State Legislature monitors the work of the state government to ensure it follows the law and serves the people well. Members ask questions, raise concerns, and hold the government accountable for its actions.
5. Amending State Laws:
- The Legislature can make changes to existing state laws if needed. This process is called “amending” the law, which allows the government to update laws to fit current needs.
6. Representing the People:
- Members of the State Legislature represent the people of their constituencies (regions). They bring up issues and problems faced by people in their area and work to find solutions.
Summary
- State Cabinet: A small group of senior ministers led by the Chief Minister. The Cabinet makes decisions about state policies, prepares the budget, advises the Governor, handles emergencies, and supervises government departments.
- State Legislature: The law-making body of the state. It makes laws, approves the budget, discusses state issues, monitors the government, amends state laws, and represents the people.
Functions of the High Court
The High Court is the highest court in each state of India. It has many important responsibilities, such as ensuring that laws are followed and protecting people’s rights. It handles both serious cases and appeals from lower courts.
Key Functions of the High Court:
1. Original Jurisdiction:
- The High Court has the authority to hear certain cases for the first time, especially important cases that deal with issues like the rights of citizens or government decisions in the state.
2. Appellate Jurisdiction:
- The High Court reviews cases that come from lower courts, like the District Court. If someone is unhappy with a lower court's decision, they can appeal to the High Court, which can confirm, change, or overturn the decision.
3. Supervision of Lower Courts:
- The High Court has control over all subordinate (lower) courts in its state. It makes sure that these courts follow the law correctly and operate efficiently.
4. Writ Jurisdiction:
- If a citizen’s rights are violated, the High Court can issue writs (special orders) to protect those rights. For example, the High Court can order the release of a person who is unlawfully detained.
5. Administrative Functions:
- The High Court also has administrative duties, like appointing judges for the lower courts and supervising their work to maintain the quality of justice.
Functions of Subordinate Courts
Subordinate Courts are lower-level courts that operate under the High Court within a state. They handle most of the common legal cases, like civil disputes, criminal cases, and family matters. These courts help people solve legal issues without having to go to higher courts unless necessary.
Types of Subordinate Courts:
1. District Courts: These are the main courts at the district level and handle serious criminal and civil cases.
2. Family Courts: These courts handle issues related to marriage, divorce, child custody, and other family matters.
3. Small Causes Courts: These courts handle minor civil cases, like disputes over small amounts of money or property.
4. Sessions Courts: These courts handle serious criminal cases, like robbery, assault, and murder.
Key Functions of Subordinate Courts:
1. Hearing Civil Cases:
- Subordinate courts hear civil cases, which are disputes between people or organizations. These can include property disputes, business conflicts, and family issues like divorce.
2. Hearing Criminal Cases:
- These courts handle criminal cases, which are cases where someone has broken the law. Subordinate courts decide if someone is guilty of a crime and what punishment they should receive.
3. Ensuring Justice at the Local Level:
- Subordinate courts make it easier for people to access justice at the local level without having to go to the High Court. They help settle cases quickly and fairly.
4. Recording Evidence and Conducting Trials:
- Subordinate courts record all the evidence and conduct the trial for each case. They examine witnesses, look at evidence, and decide the outcome based on the law.
5. Appeals to Higher Courts:
- If people are unhappy with the decision in a subordinate court, they can appeal to a higher court, like the District Court or the High Court, depending on the case.
Summary
- High Court: The highest court in each state, responsible for important cases, appeals, and supervising lower courts. It also protects citizens’ rights through writs and can review decisions from subordinate courts.
- Subordinate Courts: Lower-level courts that handle common civil and criminal cases locally. These include District Courts, Family Courts, and Sessions Courts, and they make justice more accessible at the local level.
No comments:
Post a Comment