Wednesday 3 December 2014

Working of the Institutions


Office Memorandum dated August 13/1990, issued by Joint Secretary, Department of Personal and Training.
27% reservations for the SEBC
Second Backward Classes Commission in 1979, Mandal Commission gave its report in 1980
Janda Dal promised 27 % reservation for OBC if voted to power in 1989 elections
6. August.1990, Union Cabinet took a formal decision to implement the recommendations of Mandal Commission
People who opposed this order filed cases in the courts. This case came to be known as 'Indira Sawhney and others V/s Union of India case
SC declared the order valid, but excluded the well-to-do persons from the benefit of reservations.
Need for Political Institutions
Persons who have to take decisions - Legislature
Persons who have to implement these decisions - Executive
To determine what is wrong and what is right - Judiciary
Why do we need a Parliament ?
Final authority to make laws
Control over those who run the government
All public money that government spent can be by the permission of Parliament only
Highest forum of discussion and debate on public issue and national policy
Two Houses of Parliament
Lok Sabha - directly elected - has real power
Rajya Sabha - indirectly elected - performs some special functions only

Lok Sabha is more powerful that Rajya Sabha
Larger number of members
More power in money matters
Controls the Council of Ministers
Political and Permanent executive
Political -
Elected by the people for a specific period only
No educational qualification required, may be experienced or may not be
Are answerable to the people
Takes the decisions
Permanent -
Selected for a long term basis
Are experienced and qualified
Not answerable to the people
Helps in taking the decisions
Prime Minister and Council of Ministers
Prime Minister is appointed by the President for a maximum of 5 years, minimum as long as enjoys the majority in Lok Sabha
Leader of the majority party/parties in Lok Sabha
Other ministers are selected by P.M and appointed by the President
If not a member of Parliament, than has to become a member of Parliament within 6 months of the appointment s P.M or appointed in the Council of Ministers
Council of Ministers consists of Cabinet Ministers, Ministers of State with Independent charge and Ministers of State
Has to follow Collective Responsibility
Powers of the Prime Minister
Appoints and dismisses the Council of Ministers,
Chairs and Coordinates the meetings of the Council of Ministers, is the final decision maker
Controls the Cabinet and Parliament through the party
P.M of a coalition cannot take independent decisions, has to accommodate different groups and factions in his party as well as among alliance partners.
President
Head of the State, enjoys nominal powers
Elected indirectly (by elected members of Lok Sabha, Rajya Sabha and Legislative Assemblies)
Enjoys Legislative powers, Executive powers and discretionary powers
Judiciary
Independent & Integrated Judiciary
Supreme Court - highest court of appeal in Civil and Criminal cases
Judges of SC and HC are appointed by President in consultation with P.M, Council of Ministers and Chief Justice of India
Judges can be removed only by an impeachment motion, passed seperately by 2/3 members of the two houses of Parliament
SC and HC have the power to interpret constitution, can declare a law invalid if is not according to the Constitution, can do the Judicial Review
Public Interest Litigation


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