CHAPTER-5 Working of institutions Q1. What do you mean by the term institutions? Why are these political institutions needed in a democracy? Ans1. Institutions in democracy refer to various arrangements which are put in order so that the state can carry out different tasks in a smooth and non-discriminatory manner. The need for institutions arises from the following facts:a. Modern state has to carry out many functions like ensuring security to the citizens, providing facilities of education and health to all, and formulating and implementing several welfare schemes. b. Some persons are needed to make decisions as to how to go about these activities and some persons are required to implement these decisions. c. If disputes arise on these decisions or in their implementation there should be someone to decide what is right and what is wrong. d. It is also important that these activities keep taking place even if the persons in key positions change. Q2. How is Lok Sabha constituted? What is its term? Ans. a) The maximum membership of Lok Sabha allotted by the constitution of India is 552. b) Currently, Lok Sabha has 543 seats filled by elected representatives. Of these 524 members represent people of 28 states and 19 members represent people of 8 union territories on the basis of their population. c) seats are reserved for SC/ST TERM a. The term of Lok Sabha is 5 years. b. It can be dissolved before completing its full term of 5 years. c. At the time of emergency, this term can be extended by parliament by one year at a time. Q3. How is Rajya Sabha constituted? Its term. Ans3. a) The constitution provides that the maximum strength of Rajya Sabha be 250 members. b) Currently, Rajya Sabha has 245 seats, of which: 12 members are nominated by the President, who are eminent people in the field of art, literature, science, etc. 233 members are elected by the members of the legislative assemblies of the states. This is why the election to the Rajya Sabha is called an indirect election. TERM Rajya Sabha is a permanent house and is never dissolved. i. Its members are elected for a period of 6 years. ii. One third of its members retire every two years. Q4. How is Lok Sabha more powerful than Rajya Sabha? Ans4. Lok Sabha is more powerful than Rajya Sabha due to the following reasons: i. Any ordinary bill needs to be passed by both the houses but if there is a difference between the two houses, the joint decision is taken by a joint session where the members of both houses sit together. In such joint sessions, the view of the Lok Sabha prevails and is passed. ii. In case of money bills, Lok Sabha exercises more powers. Once the Lok Sabha passes the money bill, the Rajya Sabha cannot reject it, can only give its suggestions for the Lok Sabha to consider. Rajya Sabha can only delay for 14 days. iii. The Lok Sabha controls the council of ministers. If the majority of the Lok sabha members say that they have ‘no confidence’ in the council of ministers, all ministers including the prime minister have to resign, Rajya sabha does not enjoy the power. Q5. Discuss the functions of the Indian parliament. Ans5. 1. Legislative functions: i. Parliament is the only final authority for making laws in any country. ii. It can make new laws or change existing laws on the subjects mentioned in the union list and the concurrent list. 2. Control over the executive: i. Indian parliament has full and direct control over those who run the government i.e. the executive. ii. The parliament can ask questions to the ministers about their departments. iii. The government can take decisions as long as they enjoy the support of the parliament. iv. The parliament can remove the council of ministers by passing a vote of no confidence against them. 3. Financial functions: i. Parliament has full control over the government’s money. ii. All the money bills are introduced in the parliament and no money can be spent without the consent of the parliament. 4. Electoral and judicial functions: i. Parliament participates in the elections of the president and the vice-president. ii. Parliament has the power to remove the president, the vice-president and the judges of the Supreme Court through impeachment motion. Q6. Distinguish between political and permanent executive. Ans6. i. Political executive consists of people’s representatives who are elected by the people for a specified period. Political leaders who take the big decisions come under this category. ii. Permanent executive consists of those persons who have been appointed on a long term basis. It consists of civil services also called bureaucracy. Q7. Why does the political executive have more power than the non-political executive? Ans7. i. In a democracy the will of the people is supreme. The ministers who are elected by the people are empowered to exercise the will of the people on their behalf. That is why the minister takes all the final decisions. ii. The minister is not and is not expected to be an expert in the matters of his ministry therefore he takes the advice of experts on all technical matters. Very often experts hold different opinions and place more than one option before the minister. Depending on the overall objective, the minister takes the final decision. Q8. Explain collective responsibility and individual responsibility. Ans8. i. Collective responsibility means that the whole cabinet discusses the policies of the government. Once the decision is taken it is not regarded as the policy of a minister but that of the whole cabinet. ii. If something goes wrong it is the whole council of ministers who have to own the responsibility. iii. If the Lok Sabha rejects the policy of the government and passes the vote of no confidence then the Prime Minister and entire council of ministers should collectively accept responsibility and resign. Individual responsibility means that an individual minister is responsible for the affairs of the department under his charge. Q9. Explain the position of the Prime minister in the Indian government. What are his powers and functions? Ans9. i. The most powerful office in the central government is that of the Prime minister. Although the President is the head of the state the real power lies with the prime minister. ii. The Prime minister is the leader of the party which has support of the majority of members in lok sabha. Powers and Functions: i. The Prime Minister appoints the council of ministers and distributes portfolios to them. Every minister holds his office till the pleasure of the prime minister. ii. The prime minister presides over the meetings of the cabinet. He fixes the agenda for the meetings. iii. He coordinates the work of different ministries. iv. The Prime Minister is the chairman of the NITI Aayog (National Institute of Transforming India) which supervises economic policies. v. The Prime Minister is the leader of the nation therefore when he attends international meetings; he represents his nation and speaks on behalf of his country. Q10. How is the President of India elected? Ans10. i. The President is elected indirectly by a body called an electoral college. ii. The Electoral College consists of the elected members of the state assemblies and the central parliament. iii. The candidate who secures the majority of votes wins the elections. Q11. What is the position of the President of India in the government? What are his powers and functions? Ans11. i. The President of India is a constitutional head of the country. He is the head of the state. ii. He exercises only nominal powers and the real powers lie with the prime minister and his council of ministers. Powers and functions: a. Executive Functions: i. All governmental activities take place in the name of the president. ii. All major appointments of the union govt. are performed in the name of the president. iii. The president is the supreme commander of the armed forces of the country. b. Legislative Functions: i. The president nominates 12 members in the rajya sabha who are eminent in their field. ii. He convenes (to summon, hold) and prorogues (ends) the sessions of the parliament. iv. No ordinary bill can become a law without his assent (approval). v. The President can summon a joint meeting of the two houses. c. Judicial Function: i. The President appoints judges of the Supreme Court and the state high court. ii. He can reduce punishment or can grant pardon. d. Diplomatic Functions: i. The president can declare war and conclude peace. ii. The president has the power to appoint ambassadors to other countries and receive foreign diplomats in his own country. iii. All treaties with the other nations are concluded in the name of the president. Q12. What is the importance of the judiciary in our democratic federal government? Ans12. In our democratic federal system the courts play a very important role. i. We have a democratic constitution and citizens enjoy certain rights. The state is expected to honor these rights. Therefore, the courts work as a watchdog to see that the rights of the citizens are not violated by the government and that it does not cross the limits of the powers given to it. ii. Under the federal structure, there is a division of power between the union government and the state government . There can be disputes between the union government and a state government. The courts have the power to resolve these disputes as per the constitutional provisions. Q13. What do you mean by independence of the judiciary? Ans13. Independence of judiciary means that the judiciary should not be under the influence or control of any individual or authority. If the legislature or executive controls the judiciary then the judges will not be able to give impartial justice. Our constitution contains provisions for the independence of the judiciary: i. Appointment of judges: The judges of the Supreme Court and the High court are appointed by the President of India on advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. ii. Security of tenure: Judges have a secured tenure and once appointed retire after the age mentioned in the constitution. Retirement age for supreme court judges is 65 years. In case of High court judges it is 62 years. A judge can be removed by the President on grounds of proved 'misbehaviour or incapacity'. But the resolution for his Impeachment should be passed by both the Houses. iii. Good salaries: Judges are paid good salaries which cannot be reduced during their tenure. iv. Prohibition of practice after retirement: A retired judge of the Supreme Court is not permitted to practice law after retirement. Q14. Discuss the powers of the judiciary. Ans14. i. Interpretation of the constitution: The Supreme Court has the power to interpret the constitution of the country. The judiciary has the power to declare any law of the legislature or the action of the executive invalid or unconstitutional if they are against the constitution. ii. Guardian of fundamental rights: Judiciary has the power to protect the fundamental rights of the people. If any action of the government violates the rights of the citizens then the court can ask the government to amend their action. iii. Centre-State disputes: The Supreme Court has the power to solve the disputes between the center and state government or between 2 or more states. iv. Disputes between citizens: The civil and criminal cases involving disputes between the citizens are solved by the judiciary. Q15. What is the composition of the council of ministers? Ans15. Refer to the textbook.