India: Institutions of
Governance
Constitutional framework
Constitution of India
Framing the Constitution
Constituent Assembly 1947-1950
• Elected by provincial assemblies in 1946
• Served as provisional parliament
• Drafting committee Chaired by Dr. Ambedkar
Challenges
• Violence and dislocation of partition
• War with Pakistan
• Integration of Princely States
Goals of the framers
• Strong center and Indian Unity
• Parliamentary Democracy and institutionalization
• Recognition and accommodation of Indian diversity
Constitution of India
Framing the Constitution
Key features of the Indian constitution
• Longest in the world, 395 articles, 9 schedules and, 97
amendments
• Continued the constitutional development of the
Government of India Act of 1935
• Republic
• Parliamentary democracy
• Quasi-federal state
• Secular
Constitution of India – Key Elements
The Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute
India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC
REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the [unity and
integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
Constitution of India – Key Elements
FUNDAMENTAL RIGHTS
General
Article 13. Laws inconsistent with or in derogation of the fundamental rights
Article 14. Equality before law
The State shall not deny to any person equality before the law or the equal protection
of the laws
Article 15. Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth
Article 16. Equality of opportunity in matters of public employment.Article 17. Abolition of Untouchability
Article 19. Protection of certain rights regarding freedom of speech
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India
(g) to practice any profession, or to carry on any occupation, trade or business.
Article 23. Prohibition of traffic in human beings and forced labor
Article 24. Prohibition of employment of children in factories, etc.
Article 25. Freedom of conscience and free profession, practice and
propagation of religion
Article 26. Freedom to manage religious affairs
Article 27. Freedom as to payment of taxes for promotion of any
particular religion
Article 28. Freedom as to attendance at religious instruction or
religious worship in certain educational institutions
Article 29. Protection of interests of minorities
Article 30. Right of minorities to establish and administer educational
institutions
Parliamentary-Cabinet Government
Head of State and Head of
Government (chief executive)
Why the separation?
• Evolution of power away from monarchs and
traditional elites
• The concept of a Republic
• The dignity of the state
• Non-partisan head of state in crises
Parliamentary-Cabinet Government
Parliamentary-cabinet system
Head of state and head of government separate
offices with head of state non-partisan
Executive drawn from the members of the
legislature
Process of appointment of chief executive
Chief executive (HOG) holds office only as long
as enjoys confidence of legislature
Early elections and removal of executive
Parliamentary-Cabinet Government
Voters
elect
elected indirectly
Head of State
Legislature
elects
G
o
v
e
r
n
m
e
n
t
Prime Minister
chooses
Cabinet
Administers
Ministries Or
Departments
nominates
Parliamentary-Cabinet Government
Types of Parliamentary-Cabinet
Systems
With legislative supremacy
With Cabinet supremacy
Indian System of Cabinet Supremacy
Cabinet as policy making body
The party system and legislative control
The President
Head of State vs. Head of Government
Election of the president
Balance of state and union legislatures
Preferential voting system
Powers and role of the president
Powers of the president
•
•
•
Constitutional authority in appointments and actions of the
government
Acts on the advice of the Prime Minister
Discretionary power
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–
–
–
Appointment of the Prime Minister
Dissolution of parliament
Promulgation of Ordinances
Emergency powers
Role of the President
The Vice Presidency
Parliament
Bicameral legislature consisting of
The Council of States (Rajya Sabha) (Upper House)
The House of the People (Lok Sabha) (Lower House)
Lok Sabha
545 members
•
543 directly elected by territorial constituencies
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–
•
•
530 from the 28 states
20 from the 7 Union Territories
President nominates 2 Anglo-Indians if none elected
Reservations for certain groups
Term of office
•
•
•
Normal
Shortened
Extended
Parliament
Rajya Sabha
250 members
•
•
238 elected by state assemblies (allocation based on
population)
12 nominated by the president for their special knowledge or
practical experience in literature, science, arts and social
service
Term
Role
Parliament
The legislative process
Stages of a bill
Role of executive
Finance bills
Amendment of the constitution
The Prime Minister and Council of Ministers
Constitutes the executive Branch of
government
Appointment of the Prime Minister and Council of
Ministers
Removal of the PM and Council of Ministers
The Prime Minister as the lynchpin of government
Powers of the Prime Minister
•
Influence of personality on powers of the Prime Minister
The Cabinet and its committees
The Public Services
Categories of the Civil Service
State
Central (53)
All India (3)
Indian Administrative Service (IAS)
Status
Cadres
Deputation to central government
UPSC
Recruitment
•
•
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Qualifications
Competition
Demographics
The Supreme Court and Judicial System
Single integrated judicial system
Rationale
Supreme Court at top of system
State High Courts
District Courts
The Supreme Court
Original and exclusive jurisdiction
Appellate jurisdiction
Interpreter and guardian of the constitution
•
•
Constitutionality of central and state legislation and
judicial review
Constitutional amendments and ‘basic framework’ test
–
More than 100 central and state laws invalidated
The Supreme Court and Judicial System
Structure of the Supreme court
•
•
•
Chief Justice and 25 Associate Justices
Benches of the Court
Appointment of justices
History of the court and judicial activism
•
Accepts 100,000 cases a year
State High Courts
Local Courts
Burden on the judiciary
State Government
The Governor
Appointment
Powers
The Chief Minister and Council of Ministers
The Legislative Assembly
The Legislative Council
Government of Union Territories
Center-State Relations
India as a quasi-federation
Unitary Features
• Single constitution
• Division of powers
– Seventh Schedule
– Lists
– Union List 97
– State List 66
– Concurrent List 47
– Residuary powers
• State creation, abolition and boundaries
Center-State Relations
• Emergency Powers (Articles 356, 352 and 360)
• Union Powers under Articles 256, 257, 365 and
249
• Revenue powers of the Central government
(Article 275 and 282)
Council of States (Rajya Sabha)
• System of Seat Allocation in Upper House of
Parliament
Allocation of Seats in the Council of State
Andhra Pradesh
18
Rajasthan
10
Assam
7
Uttar Pradesh
31
Bihar
16
Uttaranchal
3
Jharkhand
6
West Bengal
16
Goa
1
Jammu & Kashmir
4
Gujrat
11
Nagaland
1
Haryana
5
Himachal Pradesh
3
Kerala
9
Manipur
1
Madhya Pradesh
11
Tripura
1
Chhattisgarh
5
Meghalaya
1
Tamil Nadu
18
Sikhim
1
Maharashtra
19
Mizoram
1
Karnataka
12
Arunachal Pradesh
1
Orissa
10
Delhi
3
Punjab
7
Pondicherry
1
Center-State Relations
Federal Features
• Significant constitutional powers to States
• Critical administrative role
• Political devolution of power
• Creation of unilingual states
The Politics of State Reorganization
• linguistic vs. administrative debate
• Andhra Pradesh and Madras (Tamil Nadu)
• Gujarat and Maharashtra
• Punjab and Haryana