Sabha

Chief Bureaucracy
OF
Governor

~erG 0 MEi{jrqME ~si

1

Court Sa
Minister
Judiciary
Rajya Attorney
reaucracy and G
Rajya \ Attorney

and G
Supreme Rajya
 DATE DUE SLIP
Class [Link].:\·3 .<_.D Book No •. _ _ __ _

Accession No.--~..l.s::~:...~S!...::..:6.~ .-------­

T his book shoul d be returned to the Library
on or before the date last stamped . Otherwise
overdue charges shall be payable as per rules.
ORGANS OF GOVERNMENT
ORGANS OF GOVERNMENT
A Textbook for Class XI

IQBAL NAR AIN

d.Q ~ ~QR ~ -sa-m~ qftq~

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH ANO TRAINING
Finl Edilima
October 1989
Kartiluz 1911

~d
January 1990
[Link] 1911

P.D.20T-MB
C National Council of Educational Resean:b and Training, 1989

ALL RIGHTS RESERVED

ll "No put of thia publicllioa may be lqiiOCiuccd, 11orcd in a.mrievalsy11e111 or lrlllsmiUed,
in any form or by any meant, elcaronic, mechanical, phococopying, recording or olherwiS<:
wilhout tbe prior permission of tbe publiaher.
ll This bodt ilsold 1Ubjecl10 tbe c:oadilioa tbat i1 lhall noc, by way of tnde, be lent, n:·sold,
hilecl oat or ocherwile ~ of witbout tbe publisher' a ClOflsent, in any form of binding or
cover otbea- tblll tbat ill wbicb il is publilbed.
ll The - price oidia p1blicllioa il lbe pril:e prillled 011 this pqe. Ally revised price ia-
clicMed by a rubber "-P or bJ alticbr or by ay otbea- means il iac:>onea and lhould be un-
KCCplable.

Publication Team
C. N. RBo, Head, Publication Dcparunent

Prabhakar Dwivedi Chief Edilor U. Prabhakar Rao ClUe/ Production Officer

R.S. Saxena Editor Suresh Chand Production Officer
GobindRam EditoriiJI Assistant Kalyan Banerjee Amstunt Production Officer

Cover DesiKJI : Shashi AmrJ

C.P. T;UJdon

Rs. 5 50

Published at P_ublicarion Department by the Secretary, National Council of Educational Research

and Training, Sri Aurobindo Marg, New Delhi 110016, Laser typeset at CALPS, 1st Floor, 72
Rajinder Nagar Market, New Delhi 110060 and printed at ~.K. Enterpnses, 4782/2-23 \ nsari
Road, Darya Ganj, New Delhi 110002.
 Foreword

During the ten years ofschooling the young students have tbe"opponunity to study the working of civic
and political institutions, and the contemporary problems facing .India and the world. In consonance
with the objectives of general education the focus during these ten years is on developing an intelligent
understanding of the various civic and political processes. Now at the +2 stage while retaining these
components of general education, an .attempt has been made to shift from an approach of general
education to that of a discipline. The +2 stage is partly meant to provide to students adequate
preparation for the teritiary¢ucation iirvarious disciplines of Soc:ial sciences. Since these"disciplines
are proposed to be introduced as optional subjects, it is only proper that at this stage political science
should replace civics.
It has been our endeavour to develop such curriculum and instructioMI. material as would be more
functional and meaningful. In the new syUabus which was developed as a follow up of the National
Policy of Education 1986, an attempt has been made to integrate the theory
1
with application ofpolitical
science to make the study more meaningful to students.
The present book entitled Organs of Government is the second book in the series of books in
Political Science to be brought out by the NCERT for+2 stage. The book is based on the new syllabus.
It discusses the theoretical profile of the various organs of government viz., [Link], Executive,
judiciary and Bureaucracy, especially in the Indian context.
Some of tlte core curricular areas as mentioned in the National Policy on Education and the
Programme of Action have been suitably infused into relevant chapters of the book. In order to make
the book more functional, a few selected practical activities have been suggested immediately after
the text in some chapters. Each chapter contains within the text a few questions which are given in
boxes. These questions are supposed to interlink the content of the text with the student's real life
experience. Besides, there are exercises which are meant both for teachers and students. The glossary
of difficult terms has also been given.
Lastly, over the years we have felt a strong need for systematic feedback from teachers and students
about the usefulness of our books. This felt need has PfCjllllPted us to develop an in-built mechanism
to evaluate our textbooks. As a result of this a questionnaire has ~n auached at the end of the book.
The questionnaire is meant both for teachers and students. It will be oHmmense help to us if it is filled
in and sent to the Departtnent of Education in Social Sciences and Humanities, NCERT.
We are grateful to Professor Iqbal Narain, Vice-chancellor, NEHU, Shillong for taking consider-
able pains in preparing the manuscript The manuscript was dooughly reviewed in a workshop in
which subject experts and experienced school teachers participated. The NCERT is thanlcful to all of
them for their conbibution. The preparation of curriculum and textbook need special efforts in
 VI

planning, screening and [Link] finally seeing the material through the press. For all this I am
gratefultoProfessorD.S. Muley,[Link].(Mrs.)ManjuRanioflheDeparunentof Edu-
cation in Social Sciences and Humanities. I am also thankful to Ms. Shashi Arora for preparing line
sketches for this book.

P.L. MAWOTRA
Director
National Council of Educational
New Delhi Research and Training

'
 Preface

I have great pleasure in placing the book entitled Organl of Government: A TeXlbook of Political
Science for Class XI in the hands of the students and teachers.
At the outset, I must thank Dr. D.S. Mu1ey for having entrusted the work to me and also having
assisted me from time to time with his advice which wa~ rooted in his long experience. I would be
failing in my duty if I do not appreciate the observations and comments made by the Committee of
Reviewers on the textbook. I benefitted in good measure from thctr comments. I must confess that
perhaps the book wool~ not have been as useful as it may be now if the advice of the Review Committee
had not been available to me.
. I would also like to express my deep sense of gratitude to Dr. Sudha Raghavan who collected
material for the textbook, on the basis of which I could write it up. But for her help, it would have been
difficult to complete the manuscript
Finally, I would like to thank Shri Surinder Kumar, my Private Sc..Tctary at this end, for
ungrudgingly typing out the manuscript several times in ordrr to &.~·omodate the changes that I made
in it every now and then.
If the book is liked by the students for whom it is pnmarily meant and 1f 1t helps them in hlx:ominp
cooscientious citizens of India, the author would feel rewarded in his effQ{LS.

IQII.\1. N ,\ftAIN
Vice Chancellor
North Eastern H11l University
 Contents

:fOREWORD
v
PREFACE VII

CHAPTER! Government and its Organs: A Theoretical Discussion 1

CHAPTER2 Legislature-A General Profile s
CHAPTER3 Legislature In India 11
CHAPTER4 Legislative and FlDancial Procedures at Central and State Levels 20
CHAPTERS Executive : A General Profile 28
CHAPTER6 Executive in India 34
CHAPTER7 Judiciary : A General Profile 47
CHAPTERS Judiciary in India 53
CHAPTER9 Bureaucracy : A General Profile 59
CHAPTER 10 Civil Service in India
66
DifjlcuU Wonts and Terms 73
QruslioMilin
75
 C H A P TER I

Government and its Organs : A Theoretical

Discussion

IN EVERY modern state there lire three well means of cop'ing with increasing business or th..:
defined organs of government-l~gislature. ex- state.
ecutive and judiciary. In every organised com-
munity thbre must be some laws. Theorgan of Historical background
government which makes the law is known as the
legislature. The functions of the legislature in- Aristotle was the first writer to note the distinc-
crease with the growing complexity of modern Lion among the three functions of government. He
society and with its-consequent demands upon the called them the delibcrati ve, magistrati vc and
taw-making authority for social good. There is judicial. Roman writers likeCiceroandPolybius
another organ of the government which is en- praised the Republican constitution of Rome t'c-
trustcd with the function ofexecuting the [Link] cause in it they found balance bet weC!l the Senate
body isknownasthecxecutive. Itisoncofthekcy (legislature), Consuls (executive) and Tribuncs
[Link] necdtobcimplc- (judiciary). But in pra<.:ticc the S.:nate was the
mcnted properly; otherwise these do not matter in ~upre~e authority to which the other runctionar-
the life of the 1)Coplc. The function of the judici- / tcs ~lt~mately bowed down. B~lin , the French
ary is to decide upon the application of the exist- pu~hctst ofthe 16th century. was the first modem
ing law in individual cases. Judiciary is, thus, the 1 wnter to demand a scpardtion of powers. H~
custodian of justice in society. argued that, if the king were both the law mak(
In primitive and medieval states there was no and judge, then a cruel king might giw crtK:
? distinction among these three fiiii@ons. The king sentences. During the C'ommonwcalth period in
was the supreme taw-giver, the head of the exccu- England, Cromwell sep:[Link] the executive ano
tive and the fountain of justice. But, as society legislative functions. However, as the head ofth<'
became more complex. there arose the ncecl of executive, he dismissed till' judges high hand
spcciahsation of functions. The king began to cdly. The theory of separation or [Link], how-
delegate ~is powers to different bodies. The tri- ever, emcrgcd finally from the writings of Mon·
partite division of the sovereign power, therefore, tesquil u.
grew. This is, however, merely a convenient The absolute monarchs of Europe thcmschcs
 ORGANS OF GOVERNMENT

conttolled the executive, the legislative and judi- legislative,executiveandjudicial functions should
cial departments. They held the ministerS respQn- be performed by different bodies ofpersons. Each
sible 10 themselves, promulgated whatever laws body or department sh~d be limited to its own
they liked, and appointed and dismissed judges at sphere of action. and neither body was 10 have
their sweet will. In England, however, by a long controlling power over either of the others. Tite
process of co~stitutionat s1nqgle, Parliament se- theory of Montesquieu and Blackstone was
cured the authority of making .aws,and thejudges adopted and put inlo practice in the United States
got the right of holding office so long as they of Amcric, . The theory also gained recognition in
behaved well. The liberty of the subjects was France, the land of its birth.
In a broader sense of the three powers being in
separate hands, all modem constitutional states
tend l9 conform to the spirit of separation of
[Link] in this sense the theory of separa-
tion of powers is true, yet we do not find compktc
separation in any government in the world today.
It is neither desirable nor practicable to separate
the three organs of government altogether. Tf e-1ch
organ of the government were completely inuc-
pendem in the sphere of activity, it could thwart
the act of others. Frequent deadlocks would also
become inevitable.
The theory of separation of powers is thus not
practicable in its entirety. The legislature lays
down the broad outlines of a law. But the details
must be worked out by the executiye dcpanment
in course of its application. The legislative body
Muntcsquleu (1689-1755 A.D.) in every country allows more and more scope to
A hberal [Link] phile»opher. llxponent of the executive to make rules under the [Link]
the the •r'J of Sepaulian of Power. One of the
ouest· ndU1g Frenc.h philosopher of the 18th
rules also ha"e got a binding authoril ~. MorcCiver,
Centuy. Famous works; 'De Ia .[Link] in tim~ of emergency, the executive authority is
t:niversille en Europe·. 'I.' J!spirit des lot< '. vested with the power of •ssuing ordinance.
Similarly, the judiciary gets a share in legislation
through its power to interpret the wriuen·law and
greater in England than anywhere else in Europe [Link] what the unwritten law ts. Thus, the work
ill the middle of 18th century. Thus Montesquieu or legislation is divided wnongst alj the three
came 10 believe that concentration of authomy organs of the government. The judictary pcr-
meant tyranny, and that only under a wise distri- fom•s .,orne executive funcllons as well. The
bution of powers safeguarded by checks and lower court in the USA and th~: Ju 1ccs of Peace
balances,·was individuallibeny possible. Mon- in England are entrusted with the duty of main
tesquieu enunciated this theory m his Esprit de~ taining peace. Moreover, the [Link] also has
Lois, published in l748. some Judicial funcuons. The Ilouse of Lords m
England is the highest court.
Theory or separation or powers The Constituuon in England mamuuns some
kmd ot separauon of powers. Parliament as a
ll'lle theory ofseparation of powers means that the body performs the functions of the lefislature
GOVERNME!'lf AND ITS ORGANS 3

and is distinct from the executive. The Parliament The founding fathers of t.J:!e American consti-
in Britain is purely a legislative body. It does not tuion were conscious of the impossibility of
share administrative functions with the executive applying absolute separation of powers. Accord-
which is a distinct department of the government. ingly, the President can check the Congress by
The Act of Settlement of 1701 guaranteed inde- vetoing a measure passed by it. This veto along
pendence of the judiciary. The judges in Britain with power to send messages to the Congress
arc indcpcndem of executive control. They are enables the President to participate in the lcgislil-
not subject to dismissal by the executive. Still tive process. The Senate can regulate the e:\erc ise
concentration rather than separation of powers is of executive power by refusing tO confirm treaties
the keynOleof the cabinet system. Membership of or appointmen~ made by the President. The
Parliament, its leadership. Legislative inliative, Supreme Court through its power of judicial
and collective responsibility to the Parliament arc review modifies or innucnccs legislation and thus
the salient features of the cabinet system in Eng- shares the legislative function.
land. The House of Lord~ is the ultimate court of
appeal. Hence there ·is no clear distinction in the The Indian context
jurisdiction of the executive. t11c legislative and
the judiciary in the English political S)'Stcm. The The archuects of the Con titulllion of India re-
dclem:c of liberty is -.ought to be se,urcd through JCCted the doctrine of scparauon of po" ers 111
organised party sy:;tcm and pressure of public
opinion. It is not accompli:.-hed through scpam-
tion of powers and the elaborate system of checks
and balances. Briwin has, thus, rejected the doc-
trine of separation of powers. It has relied onother
institutional safeguards U!lainsl government tyr-
anny. In contrast,there v.a~ immcnSl' complex it)
in America's social and political life. This, m
turn, compclkd framers of the constllution to rei~
on the constitutional de' icc of separation ol
powers as a llulwark of lihcrty.
The doctrine of -;cparJtion of [Link] 1s not
C>.plicitl) ~taied in the Amencan constituti1m
IL,cll , but it is imphcd. The l1rst tlm:c <trlld.::. ol
the wnstitution embody the h<l~tc princtples ol
scparatton of powers. 111c supreme court of the
United States rccognisc\lthis theory as p:ut of the llr. ll.k. AmbNll.~r 111.•11 1'151', \I))
An t.:mnh.::UI JUfl'l .,nJ ~:Ju .. .tlh 1t\l.,t l .~,.·ukr vl
constllutionallaw ol the country.
lh~ St h<xh•l"J Ca•k• •n I J. deJ1cJ.I~•ll 1: l<f
ll1c rdation bet\\cen t11e CXL'CUll \'C and the '"' lh,· ... u•e vllh,· ur,••c--cJ people ( hJif
lcg1slaturc or between the exl'Cutiw :.tnd judiciat) l)('hQIJ <•I lite J), lt•• j; <.\.cnnnll " -~· "" r)
sho\\ s unmistakable signs of the 'cparation of thl· (\. 11)l1Ut'U1 \ ...... , lhl~ 1 •muu~ \\, '""
1

(. ":t,lc:- tn hubs th.:•r \L ~.hatU\tn G 1 ... ,~

(lO\\ ers. The Amcnc:.tn President •~ not a member
at~ll).::,l.'hl(>m<111', '\\ ,. "cr.:lhcShudl.a '
ofthcC'ongrcss nor can hem1tl!lte legislation. The 'll"~ t:nt :[Link] • lhC Hu h1;
Congress cannot be d1ssoh·cd by the Prt-sidcnt Dh>mm•'
before the expiry of its ~rm. The tenurr and other
sen tcc condition of the JUdges arc beyond lhl' relation to lcgtsl:uurc I!JI the c:-.c~.·uu,.::. I h~.·
rcgulauve competence of the executive. Such uni1m l'>.l~· utive conw;ting ul the Prcsttk nt .uul
examples can be multiplied. the Council of Mimstas t' part llflhe l'arh:ull\'lll
4 ORGANS OF GOVERNMENT

The two houses of Parliament participate in the

election of President. The President, in tum, can
influence legislation through messages and sus-
pensive veto. Besides, .he is endowed with the
power to issue ordinances which are in the nature
of short-term legislation covering the entire leg-
islative field enuusled to Parliament. The Cabinet
in India is the Commiuee of Parliament-its part
ano [Link] members of the Cabinet arc the
members of Parliament and, collectively respon-
sible to it. Legislative leadership and initiative
belong to the Cabinet.
In the organisation of the judiciary, however,
the principle of separation of powers seems to
have found favour with the framers of the Indian fixed by the Constitution. They hold office during
Constitution. The judges of the Supreme Court good behaviour. A Supreme Court judge can be
arc thus independent o(executive control, and removed from office by the President only on an
their salaries and other conditions of service arc address passed by each House of Parliament.

tXERCISES

I. Name the three organs of government and state their functions.

2. Who enunciated the theory of separation of powers in modem times?
Name the country which was the first to incorporate the theory of separation of powers in its
constitution.
3. What does the theory of separation of powers seek to achieve? Discuss its utility.
4. How far docs the Indian Constitution conform to the theory of separation of powers?
 CHAPTER II

Legislature-A General Profile

LEGISLATIJRE IS known in v~ous political .The primary business of a legislature is to

systems with differen~ na~es. A~ut the nam~ make the laws of the land, to repeal laws which
there is not much uniformity. SuU assembly ts are not suited to lhe age, and to make them
becomingagrowinglypopularnameforthelower conform to the exigencies of time. The legislative
house. However, where there is only one house, bodies exercise also taxative powers. They deter-
assembly stands for the legislature itself. mine lhe metllod of raising money, the amount to
be raised, and the manner in which it is to be spent.
They control, to a certain extent, the domestic and
~_> Functions foreign policy of the executive government
~""The functions of a legislature depend on the through lheir control over finance, and in some
~~.principle on which it isconstituted. Broadly s~­ cases, over ministers. In parliamentary govern-
~i'::::.: ing, three systems are in use in the formulauon of ments, lhe legislature controls the executive
~14 a legislative policy. An autocrat or a monarc.h or lhrough questions, motions of adjournment, fi-
,;'~.a bureaucratic government may keep up a legtsla- nancial cuts and votesofnoconfidence,etc. They
~;:~\ure merely as a consultative ~y· For ex~ple, also exercise certain judicial fWlCtions like their
~~:;rthe Legislative Councils of lndta were entirely powertodecidecasesof election disputes, setting
~>-~ subordinate to the execuuve in the 19th century. their own procedure of work and to acting as
r
~-
In a par1i1men1arY form of government, the e~- courts of impeachment.
ecutive is lldloldinate to the legislature. The will Thus the most important functions of a legis-
of the le&l*an is supre~. in almost evuy lature relate to :
sphere of gOYCII'ftii'Cntal activtty. Such a s~stem (1) legislatiOn inclusive of (a) la.v-making;
prevails in England and France. A balancm~ of (b) amending the constitution; (c) ap-
authority between the executive ~ the legisla- proval of the ordinances; and (d) other
ture may also exisL One authonty may ~ de- miscellaneous functions.
signed to check the other. This is the case m the (2) rmance as custodian of national purse;
United States of America The Congress of USA (3) participation in the election/selection of
can neither control &be executive directly nor can the executive and the judicial heads;
it make laws to amend the constitution.
6 ORGANS OF GOVEJUIMENT

(4) supervision and control of the action of empowers the people to remove an unsatisfactory
the executive, although it does not di- representative before the expiry of his term of
rectly participate in executive functions; office. [Link] tllcse .three measures, there arc
(S) perfonnance of judicial functions; also Plebiscite and Town meeting. Plebiscite which
(6) representative role, which implies chan- literally means a Referendum on any question
nelising of demands from below and provides for tile submission of a constitutional
providing information and explanation issue to popular vote to ascertain the will of the
from above; and people regarding it. Town meeting is practised in
(7) otller miscellaneous functions. New England (USA) where issues concerning the
The functions of government in every civi- local community arc discussed and decided.
lised state have extended enormously. The result
Direct legislation possesses thcorcticall y ccr
has been the widening of the sphere of activity of
tain merits. The ordinary citizens feel that sovcr
the legislature. But the legislatures arc finding it
cignty or ultimate authority i~ really vested ir
impossible to cope with the increasing pressure of
them. The Referendum, for example, ensures thai
business. So even in advanced countries like
no measure which is opposed by the majority ol
England, the legislature delegates a part of its
authority to administrative bodies. Still the repre- electorate can become [Link] the legislature prove!
to be indifferent to the need of making certain
M!ntative role of the legislature is of pivotal im-
good laws, a section of the people can take tht
portance. It legitimises authorisation of govern-
initiative tllcmsclvcs and force the h:gislature te
menial policy.
put it before the public. In both the processes, the
voters can look at the proposed measures disp:ls-
Devices for direct legislation
sionatcly apart from the question of personalities.
The movement in favour of direct legislation by In ordinary elections voters sometimes find it
the whole p<xlplc ha.'>originated from twoconsid- difficulttodistinguish between tile personality of
erations-<>nc tlleorctical and the other practical. candidates from tile policy and programmes to
The tllcorctical consideration is thaL. as all power which they arc committed. It has also been no-
rests with the people, they should takeadireetpart ticed that the number of persons voting m a
in making tile law. The practical consideration is Refe rendum is often small. Thus. it becomes
that people, as they have been disappointed with difficult from the size of the mas~s abstaining
the legislatuie in many cases, want power to from voting to know whether there is any public
review its acuon and to make laws without its opinion at all upon the question ra1scd. Again, it
intervention. In mostof tlle states tile party disci- is not indeed possible for many persons w 'otc on
pline 1S so strong as to destroy the individual · the complex measures which arc referred to them.
representation. ~ arc three democratic de- Even well-informed [Link] can hardly grasp the
vices wsccurcdircct intervcntionoftbepcoplcin implications of laws on intricate subJCCts hkc
legislation. These arc the Rcfcrcndum~­ banking, currency, tariff, pubhc control of :m
tive and the Recall. The Referendum in Switzer- industry and so on. Moreover, the general mass ol
land and some American States allows tile voters voters can only agree to a certain principle o
to review the acts of the legislature before they legislation. They arc not able to enunciate a prin
~ually pass into law. The popular device of ciplc in relation to JLS working techniques, whicl
Initiative, as practised in Switzerland again, gives invariably requires expert knowledge. Furtlle1
the people the right to propose measures to be the avemge voter has no will or courage of con
passed by their representatives. The Recall, as viction to express an opinion on most questions o
one finds in some Western American States, social significance.
 [Link]- A GENERAL PROA LE 7

The enlhusiasts for direct legislation contend federal state there is a special argument in favour
that Referendum and Initiative correct lhe faults of a second chamber. The fU"St or lower chamber
of legislature which may act corruptly or in defi· represents the population of a federauon as a
ance of their mandate. But the electorat.e is also whole, lhe second chamber embodies federal
usually influenced by newspapers and platfOrm principle or lhe will of lhe states in a federation.
speeches. These may not always uphold rational Most of the unitary states of lhe world have
views. The fact of lhe matter is that defects of adopted lhe bicameral system for its manifold
legislature can be remedied only by the elevation advantage. The. existence of a second chamber
of moral and intellectual slandards of lhe elector- prevents the passage of hasty and ill-considered
ate as a whole. This cannot be achieved by lhe legislation by a single house. A second chamber
mere substitution of machinery of direct legisla- interposes delay between lhc introduction and
tion. A group of factions working hard may mis- final adopting of a measure and lhus affords time
lead lhe mass of voters more easily lhan the for reflection and deliberation. Thi:. is in addition
members of a legislature. The opponents of direct to lhe delay inherent in lhe long pro<:edurc which
legislation, however, argue that if the people is prescribed for enacting bills. ll1c first r~·;1dmg .
become lhe final aulhority for accepting or reject- the second reading, a severe scruLJn} m the com-
ing a measure, the sense of responsibility of a mittee stage panicularly when it is referred to a
legislative assembly would diminish. However, Select Committee, sometimes lhe circulation of a
in a small state wilh an enlightened electorate, bill for eliciting public opinion, and the third
Referendum and Initiative would be of great reading affo· J much time for discussion and
value. However, owing to the prevalence of analysis.
widespread ignorance and illiteracy in India, it is It is funher argued that a second chamhcr
impossible to introduce Referendum and lnitia· affords protection to the individual again\t the
tive. Moreover, lhe m ge size of the electorate despotism of a single chamber. The ex istcncc ol
makes the introduction of the devices difficuft if a second chamber is said to be a guamntcc lor
not impossible. both on financial and on adminis- liben y. The major!ty party in a single chamber
trative grounds. • legislature, conscious of having only tt:;elf to
consult. may abuse its powers and try to monopo-
Bicameral and unicameral systems lise lhe powers of the executive and lhc JUdtciary.
Anolher advantage of bicanlcralism is that it
The legislature in most of lhe states consists of may give representation to sp.:cial interests or
two chambers. This arrangement is known as the groups or sections of people in a state. In almost
bicameral system. There are some countries like every state there are different classes and unless
Finland, P$111Uglll, C~Yalda, where there every section of lhe communit} ic; represented in
1s a single house in lhe legislature. Such a system the legislature, there would be oppre;s1on of one
is J..; nown as unicameral system of legislature. section by another. In a single cham her. ll rna) not
In the med1eval legislaturcs !here .... ere lh r~-e. be possible to accommodate people reprl·~·nun~
four or ftvc chambers, each r,·pre"cnting a par- all ' hade' of opimon as aho rcg•[Link] r..:'l'. A
ucular class or cslatcS m the community. The second d1amhcr may gi'e them a ,·hancc.
English Parliament was divided mto two cham· A second chamber. ba.~d on the pnnnplc 01
bers, the House of Lords and the House of Com- nomination, alsoaffordsachancc to able mcntu
mons in the middle of the fourteenth century. The enter the legislature. Some eminent people do not
success of constitutional government in England like to undergo the uoubll.' and bolhcratiun 01
has convinced the people of different countries of election, but their counsel may b.: very , aluablc.
lhc utility of a bicameral system. In the case of a There is a special case for creating a second
~----~--------~-----------
8 ORGANS OF OOVERNMI!m'

chamber as a kind of reservoir of special knowl- tion for the wlits against the abuse of federal
edge. The upper bouse may have a long17 tenure power. In the first place, the members of the
than the lower chamber, and should [Link] second chamber usually t?ehave on party rather
experienced men. than state lines. In the second place, in the course
The much advertised advantag~ claimed for of lhe working of a federal system, the develop-
the bicameral system have been seriously ques- ment of communication and lhe growth ofa sense
tioned by the advocates of unicameralism. It bas of common nationaliSm render the original units
often been said that a bicameral legislature is of representation almost obsolete. In the third
divided against itself. If the second ~hamber is .palce. ~e interests of the units are .best safe-
filled by members, nominated by the executive; it guarded by the tenns of lhe constitution, and by
would lack lhe authority possessed by the popu- judicial review of federal action. There is no
larly elected chamber. If it is indirectly elected, it amount of ingenuity and logic which can, the
will encourage bribery and COITUption. The main critics argue, defend a second chamber.
contention againstbicameralism is !hatlhe double
chamber sacrifices lhe principle of unity of lhe Functions or a second chamber-the three
state. theories
The utility of !he second chamber as a revising
body is also criticised. As lh~ fust chamber is The theories have been advanced regarding the
00111 posed of lhe elected representatives who are functions of a second chamber. A. second cham-
directly accountable to the people, it is quite ber may have equal power in all matters with the
obvious that they will not be prepared to pay any popular house. Such a position is sure to,give rise
heed to lhe dissenting voice of lhe second cham- to frequent deadlocks. The second view is that it
ber or to sober reflections in tenns of revisions. should be subordinate in financial legislation to
Especially under parliamentary system, lhe legis- the lower chamber, but should enjoy equal power
lature possesses at its disposal a responsible in all other matters. In this case also, deadlocks
ministry and a pennanent borly of administrative between the two chambers may arise. Thirdly, the
experts. Technical revisions of any measure, second chambers may have lhe limited power of
therefore, do not poseany serious problem in such suggesting amendments and recommending
circumstances. modifications of details only. According to the
Now-a-days almost all laws are debated and third view, a time limit is ftxed after which the
discussed before they are finally passed in the second chamber must accept any bill passed for a
fust chamber. In fact, many of the discussions in second or third lime which it bas previously
the second chamber are just repetitions. This is rejected. Such a method of avoiding deadlock is
lime consuming and expensive. It does not serve to be found, for example, in the English constitu-
any purpose. There is little in the argument that tion.
the second chamber acts as a safeguard against
lhe despotism of a majority. For, necessary safe- Classification and composition or legislative
gurads may be provided through other devices chambers
like the suspensive veto of the executive. Also,
the despotrc tendency ofa legislative majority can Second chambers may be classified according to
be successfully arrested by a critical opposition the method ofcomposition mto hereditary, nomi-
and a vigrlant electorate within and without the nl!ted, partially elective and wholly elective. With
legislature. the exception of the British House of Lords, all
It is furlher pointed out by critics that in a other purely hereditary upper houses have been
federation the second chamber is hardly a protec- swept away by the flux of time.
'
 .EOISLATIJRE-A GENERAL PROFilE 9

A ne'minated second chamber is distinguished There is substantial agreement in ptocedure

rom he!editary one by the fact that, while the followed by the legislative bodies of most of the
.:>ffice of the hereditary member is handed down democraticcountties, because they have taken up
from father to son, that of nominated member is the model furnished by the British Parliament.
tenninable with death or after a period if the Thus, in every legislature, we find that bills are
constirution so provides. Theoretically it may first fonnally introduced in either of the two
have equal power with the first chamber, and no houses, then disc Jssed by commiuees and de-
Bill may become a law without its consent. Yet in bated on the floor of a house. Amendments are
practice it cannot stand against the will of the proposed and voted, and a final vote is taken on
lower house, to which alone the ministry is re- the amending measure.
sponsible.
Though the pnnciple of composition of the Speaker
second chamber is different in different states,
there is substantial agreement concerning the Another important variation in the pr<.x:edurc
composition of the lower houses. In every mod- relates to the position of the speaker, thc chairman
em state the right of choosing rcprsentatives is of the lower house of legislature. The speaker. of
extended to a large number of citizens. Seats arc course, everywhere is originall) elected by the
generally distributed over constituencies accord- majoritypany from amongst itself. But once the
speaker is elected, he divests himself of party
ing to population. The method ofdirect election is
followed almost everywhere, and there is a gen- character and becomes a completel; impartial
moderator of the proceeding~. He takes no part in
eral feeling that no intermediate body should
intervene between the voters and their represen- party activities and never speaks for or against
any proposal in the House. He is not oppose~ot in
tatives in the lower chamber.
While there is hannony of view regarding elections by the opposing party in a general elec-
these matters, there have arisen controversies tion. This is the British model. But in Aml!nca
the speaker continues tc remain and behave as ~
regarding the desirability of further extension of party man.
suffrage, the principle of fonning multi-member
constituencies and introducing proportional rep-
Decline or legislature
resentation.
The growing executive leadership in ~tovernmen­
Lal matters and the decline of legislatolre arc two
Find out the names of the legisla- established facts in the contemporary world. The
ti\'es of Great Britain, U.S.A., growth of well-knit national panics with rigidity
USSR and Switzerland of organisational diseiplinc,lhe immense limita-
tion of time for debates and the tcchnil:al nature of
modem legislation have contributed to the de-
Legislative procedure cline of legislature.
'lbe rig1dit) of organ1sauonal diSCipline en-
Legislative bodies generally adopt certam rules, dows the exccuuvc both in parhamcntary and
rcgulaung their organ1sauon. methods of passing pre.~idcnuat systcm~ with the authont} to control
laws and voung taxes and adjournments. The the legislature. But such executive control over
prOCedural rules prevent hasty action, ensure the ll' •islativl' branch of the government is less
orderly dcliberauon, and allow effective utilisa- prommem in the prcsidcnual "}:[Link] because of
tion of limited time ~tvatlable for discharging the [Link] of the princ 1ple ofseparatiOn of powers.
multifarious duties assumed by the legislature. Secondly, the emergence of a new technique of
L-----------~--------------
10 ORGANSOFGOVERNME~T

legislation known as delegated legislation has of legislative business in a welfare state has
also reduced the importance oflegislature. There resulted in the curtailment of time for legislative
are immense technicalities involved in modem debates. The legislature does not have sufficient
social legislation. It is also impossible to provide time at its disposal for detailed discussion ano
for all future contingencies in the statutes. The careful scrutiny of the executive decisions. Con-
executive in almost every country is, therefore, sequently, the authorily of the legislature has
authorised by the legislature to fill in the gaps in declined.
the statutes by rules and regulations, even to
enlarge and supplement them. This intrusion of In parliamentary democracy like that of Brit--
the executive into what is [Link] y believed to be ain, the decline of the legislature is much more
the legislative field, ha~ led to a significant cur- pronounced than the presidential system as in the
tailment of the statu~ and importance of the legis- United States. The same is true of parliamenwry
lature. Finally, the immense increase in the mass system elsewhere.

PRACTICAL ACTIViTY

Arrange a debate competition in your class on the topic ."In the opinion of the House the second
chamber is neither necessary nor democratic in the modem world."

EXERCISES

I. What are the different types of legislature'! Illustrate your answer with suitable example~.
2. Discuss the merits and defects of the bicameral system.
3. Discuss the reasons for the recem decline of the legislature.
4. Discuss the functions of the legislature.
5. Write shon notes on the following:
(i) Delegated legislation
(ii) Referendum and Initiative
(iii) Plebiscite and Recall
 CHAPTER Ill

Legislature in India

PARLIA~[Link] th~ cEnllalleg.•slaturc ol the house of the Parliament if (a) he holds any office
Indian umon. It IS a b1ca era! legislature. Thus,
of profit under the government of India or the
the legislature of ~e l~l union •. also known as
government of any state; (b) he is of unsound
Parliament, cons1s1S of~ the Prcs1dent and two
mind and stands so declared by a competent
houses- Rajya Sabha ol Council of States and
coun; (c) he is an undischarged insolvent; (d) he
Lok Sabha or House oft' !c People. The President
is nota citizen of India or has voluntarily acquired
is an integral pan of Par 'ament. All bills passed the citizenship ofsome foreign state; and (e) he is
by Parliament must rcce tye his assent before be- disqualified by or under any law made by Parlia-
corning act From time t , time he summons and ment
prorogues each house o Parliament, but each Salaries and allowances or members and
house of Parliament has 11 meet within six months conduct of business
from the last day of i~ previous sitting. The
'President may also diSSI Jve the Lok Sabha. !' Members of either house of the Parliament shall
joint sitting of the two jlouscs can be held m be entitled to receive such salaries and allowances
ccoain cases. as may from time to time be detcmtincd by
Parliament by law.
Qualification for meml rsbip of parliament Every member ofeither house has to take oath
before laking his seaL Except some spccialt:m;es
In order to be chosen a me [mbcrof either ho~sc of
all questions arc detennmed b) a majority ol
Parliament,apcrsonmus [beacitize~ oflndm. He
votes of members present and voting. One-tenth
must be not less than 30 y ~rs of age m the ca.-;c of
ol the total number of members of th~: house
the Rajya Sabha and not ss than 25 years of age
constitutes the quorum. If during a mccung there
tn the case of the Lok sa~ . He must be of sound
is no quorum, the house is Clthcr adjourned or
mind and solvent. Addi onal qualifications for suspended.
members may be prc.o;c1 bed by Parliament by
THE RAJY A SABHA
law.
Composition
DisqUIIIfflc:atloll of mill bership The Rcuya Sabha coru;tst.s or not more than 250
A person '" dasqualificd ~ be a member of eilhcr members with 238 members representing the
12 OROANS OF GOVERNMENT

States and tbe Union Tellitmies and 12 to be Every citizen of India who is 18 years ohge
nominatedbythePresidenltogivere~tation and also is not otherwise disqualified, bas been
to persons of distinction in the fields of art. given the right to vote. ·
science,literaltlre and social sciences. The nomi- Provision also exists for the reservation of
nated members should be men of learning and seats in lhe Lok Sabha for Scheduled Castes and
wide experience such as artists, writers, scientists Scheduled Tribes. Under the 45Jh Co~n
and ".OCial workers. The election 10 the house is Amendment 10 the Constitution this nl,SCrYation
indLrect; lhe representatives of each state are would continue up to 25 January 19?(>. The~
elected by the elected members of the Legislative of reservation is likely to continue even ~nd
Assembly of that stale in accordance with the 1990. The membership from the states is on the
system of proportiogal representation by means basis of their population. For lhis purpose each
of a single transferable vote. The representatives state is divided into constituencies.
of the Union Territories are elected by the same
method by a special electoral college. The Vice-
PresideQl of India is lhe ex-officio Chainnan of
the Rajya Sabha. The Deputy Chainnan is elected
!Tom amongst the members of lhe R!Jjya Sabha.
The Council of States is a pennanent body not
liable to dissolution but one third of its members
Speaker
r.¢re every ~nd year. Every member enjoys
six years term. The Lok Sabha elects two of its members 10 be its
TIIELOKSABHA speaker and deputy speaker respectively. Both
are elected for lhe life of the Lolt Sabha which is
Ctapositioa
The Lolt Sabba consists of members directly
elected from the territorial constituencies in the
SlateS. The number of seats for each state is so
aUocated that the ratio between the number and
population of lhe stare is as far as practicable the
same for all stares. Unless dissolved earlier, the
term of the House is five years from the dale of its
first meeting. The term can'be extended by a year
during the period of emergency and in no case
beyond a period of 6 months after lhe proclama·
don of emergency has ceased to operate.
'111emaximumsttengthofHouseofthePeople
is SSO members. Among these are 530 directly )
eleqed on the basis of adultsuflia&e from rerrito-
riat'consliiUCIICIC8 in the staleS ancl20 members
represent lhe union territories wbo are chosen in
such a manner as Parliament may by law provide.
Not m«e than two member &om Anglo-Indian
commllllily may be nominared by lhe Pnisident if G.V. MIIYIIubr (1888-1956 A.D.)
Tbc fint i!pMbrflllhe Lak SIIIIIL Sane f/1
he drinks dJat fhe communily has DOt been • hil WOib: 'Kihee Phlllay', 'My l..ife ll lhe
. . . . . . . .ted jq lhe house. Bar'
LEGISLAllJIU! IN INDIA 13

normally five years. He does not vote but he can vail if the come in conflict with those passed by
use his casting vote in case of a tie. He certifies the Iauer. However.. Parliament may legislate
whether a panicular bill is a money bill or noL He t to any subject in the State List in
presides over the joint sitting of the Lok Sabha ceswhenlhesubjectass~ national
and the Rajya Sabha. The speaker or the deputy or during emergencies.
speaker docs not preside when a resolution for his
removal is discussed by lhe house. He, however, cia! legislation must be recommended
has the right to speak and participate in the pro- by the ident. But the Lok Sabha has murc
ceedings of the house when such a resolution is powers i com~narcgaril­
being discussed. in m · Money bill is first introduced in
the Lok~ bha and goes to tl'le Rajya Sabha only
after it h been passed by the Lok Sabha. The
POWERS AND FUNCTIONS OF Rajya Sa has to return the bills within 14 days.
PARLIAMENT The Lok abba may or may not accept the changes
suggest by the Rajya Sabba. Again the Lok
Sabha al has the power to vote the demands
The legislative powcrsofParhament include law-
for gran ! presented by the government. Dele-
making or legislation, financial or ordinary. dele-
gated le lation is also subject to revtcws and
gated legislation and approval of ordinances. All
control b Parliament. In times of an emergency
legislation requires the consent of both Houses ol
and also· someolhercontingencaes llliddown an
Parliament. The two Houses sit separately and
the cons tution, the legislative aulhority of Par-
consider proposal for making laws. In case of an
liament extends to maucrs enumerated an lhc
unresolved dispute between the two houses, a
state list The power to amend the constitution
joint session is convened by the President. The also res primarily wilh Parliament, except in
Speaker of the Lok Sabha presides over such a
where ratification by [Link] legislatures
joint meeting. The view ~f the Lo~ Sabha nor-
than one half of the Slql.e is prescribed
mally prevails because of 1ts numer1cal !jtrength.
titution. Although the President is the
supreme ommander of the armed forces,lhc ex-
The various subjects of legislation are enu- lite power IS regulated by law. Parha-
merated in lluee hsts m the seventh sc:hcdule of the exclusive legaslauvc power Wllh
the consuwt10n. List 1, the Umon List, censists of fence forces and war and peace.
-rn sdbjccts (InCluding defence, foreign affairs,
communication, currency and coinage, banking Important I unctiOn ot Parliament IS to
and customs) w1th ~~ 10 'fhich the Union executive. The Council of Mimstcrs is
Parliament has exclusive power to make laws. y responsible to lhc Lok Sabha. The
The state lesislature has excbasive ~wer to niikc of lhc Council of Ministers have 10
Taws WJtlt respect to theii'6su~tsjive_!![Link] queslions asked 10 them in both lhe
die Stile LISt, whacb mcludes p0l1cc and public. ParliamenL In fact die government
order, agriclture and irngauon. public health and liamentary system lib dlatof ours can
local govemmenL The power to make laws with power as loq as it as able 1o command
respect 10 47 subjects including eeonomic and 'ty in Parliamen&. The moment the
socialplanniJ18,educaiiOO,Iegalquestions, labour COWlCtl f Mioislen loses lbe COIIfldence of the
IRd pnte conUol. ln llstiD,lhe Coocurrent List, ma.)Orir;y 1t can be lbrowa out of power by a
wsas wJJta 1Q1a Union and State Governments, Simple of IJOoCOIIfldeoce. ParllamCnt cxer
thoulh 1he IIIWI made by lhe former would pre ciscs tbi conlrOl over lhe nunastcrs by aslung
. }4 ORGANSOFGOVEKN~ffi~l

questions. In the following chapter !here is a DELEGATED LEGISLATION

delailed discussion on questions and lhe question The legislature has to make many laws and
hoar. Here it is suffice to say that if the members has, therefore, no time 10 devote to all the legisla-
of Parliament are not satisfied with the ans\Ver, tive details. Again, sometimes the subject on
they can ask supplementary questions related to which it has 10 legislate are of such a technical
the main question. Rajya Sabha has every. right 10 nature that all it can do is to slate the broad
be fully informed of all mauers connected with principles and leave out the details. There may
the governments' activities, though it has no right also arise emergencies and urgent situations re-
to pass a vote of no-confidence. Parliament, quiring prompt legislative action, when all the
through the question hour and other modes, elicits details cannot be foreseen. Thelegislaturecannot
information from the government. At the same part with its essential legislative function which
time Parliament serves as a forum where people's consists of the determination of the legislative
opinion is reflected through their elected repre- policy and of formally enacting that pol icy into a
sentatives. Thus it serves as a link between the binding rule of conduct It is, however, open to the
govermcnt and the people. legislature to formulate the policy as broadly and
In addition Parliament performs certain elec- with as little or as much details as it thinks proper.
tive functions also. Elected members of both the It may delegate rest of the legislative wurk to a
Houses of Parliament take part in the election of subordinate authority. So long as a policy is laid
the President ofIndia The Vice President oflndia down even in broad terms and a standard fixed by
is also elect¢ by the members of both the houses a statute, no harm is likely to accrue if constitutional
of Parliament. Besides, the Lok Sabha elects its delegation or legislative power is there to make
own Speaker and Deputy Speaker. The Rajya rules within prescribed limits.
. Sabha elects its Deputy Chairman. Powers have been given both to the President
Parliamentoflndia has the power ofremoving and the Governor of a state to promulgate ordi-
the President of India through impeachment. The nances during recess of the respective legisla-
Vice President of India can be removed if a tures. Parliament or slate legislature is 10 approve
resolution 10 this effect is adopted by the Rajya such ordinance as soon as it meets.
Sabhaand agreed 10by the Lok Sabha. Thejudges
of the Supreme Court and the High Courts can be Privileges and immunities of p.'lrliament 11nd
removed by the President only when a request for its members
thelf removal is made in the form of address
The constitution confers crrtain powers, privi-
adopled by a special majority of both the Houses
leges and immunities on M~u•h,·r, 'tf Parliam~ nt
of Parliament.
and Stale Legislatures. Till' pr rlq;~s can he
Parliament has various miscellaneous powers
further defined by Parliament") l..tw. Privileges
also. A proclamation of emergency issued by the
are certain rights given to members ror the proper
President requires parliamentary approval. Par-
liamenthasthepowertorevolcetheemergencyby performance of their functions. The Constitution
adopting a resolution. The Rajya Sabha sup- emphasizes two major privileges, namely, free-
dom orspeech and right of publication. Privileges
ported by two thirds majority can resolve th1s in
are of two kinds: (i) those privileges which arc
the national interest. Under such c~wnstances
Parliamentcan legislate on a matlercoming under enjoyed by the members, and (ii) those pnvilegcs
stale list. the Rajya Sabha backed by two thirds
which arc given to Parliament as a collective
body.
majority has also been given power to create one
or more all India services within the national Freedom of speech, freedom from arrest and
an~crest.
exemption lrom aucndancc as jur01s and wn-
l.EGISU11JRE IN INDIA 15

nesses in the law couns are the major privileges of the next session. The Governor may address
enjoyed by the member individually. No Member the house or houses {as the case may be) at any
of Parliament is liable to any proceedings in any time and send messages. After every general
court in respect of anything said or any vote given election to the State Assembly, the Governor has
by him in Parliament or in any of its commiuecs. to address the State Assembly on the very first
Members also enjoy freedom from arrest. A sitting and so also the first session of every year.
member cannot be arrested in a civil case fony
days before and after the House is adjourned as
well as during the period when Parliament is in LEGISLATIVE ASSEMBLY
session. It may be noted here that this privilege is
not available to members in criminal cases. Composition
Some major privileges given to Parliament
collectively are: (i) the right to publish debates The Legislative Assembly (Vidhan Sabha) Qf
and proceedings, and also the right to restrain each state is constituted by direct election on the
publication by others, (ii) the rig~~ .to regu~te the basis of adult franchise. The total number of the
internal affairs of the House, (m) the nght to Assembly members arc not more than 500 or less
punish any person for parliamentary misbehav- lhan60choscn by direct election. For this purpose
iour and (iv) the right to punish any person for each State is divided into various tcrritiorial
brea~h of its privileges. The punishme~t which constituencies and the ratio bctwen the poplua-
Parliament can give to any person for misbehav- tion of each constituency and the number of scat'\
iour or for the breach of its privileges, may be in alloued to it shall be as far as practicable the same
the form of admonition, reprimand or even im- throughout the slate. Some scats may be reserved
for scheduled castes. The Governor may also
prisonment.
nominate the representatives of Anglo-Indian
community.
STATE LEGISLATURES A candidate for the Assembly should be a
citizen of India and not less than 25 years of age.
The system of government in states closely fol- He should not be holding any office ot profit
lows the pattern of the Union go~emm.:nt. under government and should possess sound
The legislature of a state consasts of the Gov- menial and physical health. Every legislative
ernor and one or two houses of legislature, as the Assembly, unless sooner dissolved, continues in
oflice for 5 years from the date olns first mccung.
case may be. .
Thus, for every state there is a Jegaslaturc In emergency the tenn can be extended by 1 year.
whichconsistsoflheOovcmorand{a)two houscs, The Assembly chooses its own speaker and
deputy speaker from amongst Ill> members. They
a Legislative Assembly (Vidh~ Sa~hn) a~d ~
Legislative Council (Vidhan Parashad) an the states can be removed by a resolution supponed by a
of Jammu and Kashmir, Kamataka, Madhya majority ol the members of the assembly.
Pradesh Maharashtra, Tamd Nadu and Uttar
Pradesh; and (b)one house.a Legislative Assem-
bly in the other states. . . . STATE LEGISLATIVE COUNCIL
The Oovcmor,like the PreSident, as an mtegral
part oflhc State legislature. From time to time he Every slate Legislative Council is a pcnnancnt
summons and prorogues the house or houses but body und is not [Link] to das.~lution but on('
sax months sbaJI not inlcrvene between the last third of its members retire every lwo years. Parlia
sawag of the Saacc Legtslaaure and lhc rii'St snting mem can, however. abolish an cxisung logislu-
16 ORGANS OF GOVER."i~U:S"r

uve Council or create new one, if lhe proposal is The Legislative Council has no financial powers.
supported by a resolution of lhe Legislative As- The leader of the majority pany in lhe Legislative
sembly concerned. Assembly is appointed by lhe Governor as the
Chief Minister. He also appoints other Ministers
Composition on the advice of the Chief Minister.
The Council of Ministers is collectively re-
Legislati veCouncils (Vidhan Parishad) have one- sponsible to the Assembly of the Slate. A hostile
third of the total membership of lhe assemblies vote of the Legislative Council cannot end lhc life
but not less than 40 members. Of these one-lhird of the Ministry. The Assembly may censure the
are elected by local autllorilies such as munici-
government and express lack of confidence in the
palities and district boards, one-lhird by members
Council of Minsiters. If such a motion succeeds,
oflhe Assembly, one-twelflh by gmduatcs of uni ·
the ministry resigns resulting·in the formation of
vcrsities residing in the state and onc-twclflh by
a new ministry by the leader of the opposition or
teachers teaChing in institutions not lower than
as a result of fresh elections.
that of a secondary school: lhe rest arc nominated
by the Governor. The members to be nominated As stated earlier also, the state legislature is
bylheGovernorarcpcrsons havingspccialknowl- competent to make laws, on all subjects in the
cdge or experience in literature, art, science, slate list and the concurrent list. In the other cao;c,
cooperative movement orsocial service. As sUited it has no exclusive right. Some laws passed by the
slate legislature require assent of lhe President
earlier also, this is a permanent body; one lhird of
While proclamation ofemergency is in opcmtion,
its members retire every second year.
For becoming a member of the Legislative Parliament has the overall power to legislate even
Council, a person should possess the same quali- on matter enumerated in the State List. [Link] m
normal times Parliament can in the national mter-
f"acauons as for becoming a member of the As-
sembly except, in rcspecl of age, which has been est legislate on matters or subjects in the State
fixed at 30 years. List.
The elected members of the Assembly lake
Power and functions of state legislature part in the electoral college for electing the Presi-
dent of India.
The Legislative CoWJcil can only make recom- The state legislature, apnn from exccrcasmg
mendation in respect of changes within a period the usual power of financial control, uses all the
of 14 days of lhe receipt of the bill from the normal parliamentary devices like qucsuons,
As.'iCmbly. This should in no way affect the free- discussions, debates, adjournment and no-confi-
dom of the Assembly to accept or reject the dence motions and resolutions to keep a watch
recommendation of lhe CoWJcil. If the Councll over the day to day work of the excc~.;tivc. They
rCJCClS the bill passed by the Assembly or the also have their committee on estimatcs and public
Council docs not consider it for three months or accounts to ensure that grants sanctioned by the
pa~scs it with amendments which are not accept- legislature are properly utilised.
able to the Assembly, the Assembly may again
pass 1t and send it to the Council. If the Council
rc cc t.~ it for the second time or does not pass u PARLIAMENTARY COMMJ11 bh.S
w•ihm one month from the date of its receipt by
the Council or it is passed with amendments 10 The work of govemmenlm a modem 00n1ucnlll ·
whiCh lhe Assembly does not agree, then the bill welfare state assumes huge proporuons. lt 1s ul o
1s deemed to have been passed by the two houses of a very daiTJcull and compte characiCF Wtth
1n th fonn in which il was passed by the Assem- the slate purposely undcrtakmg heavy [Link]
bly. bility in every field of corporate bfc-ewnomac
[Link] IN INDIA 17

social, educational and cultural- lhe elected sense of intimacy and realism about lhe affairs of
legislature must prove itself 10 be fully equal to the state which is essential and healthy for the
the laSk. Details of policy and !heir practicability success of democracy. It must be made clear that
have 10 be thought aut in every sphere and then these 1.:ommiuces are not statutory bodies created
accepted. Again, the implemenlation has to be by the constitution. They are entirely lhe crea-
watched wilh the greatest vigilance and care. It tions of Parliament. They are, thus, brought into
must be remembered lhat a gigantic administra- existence under tl'.e rule-making power that has
tive machine must necessarly be a vital adjunct of been conferred o 1 that body.
an active democracy. The legislature, therefore, Several comroillCCS are provided for in the
will have to be constantly alert to ensure that lhe rules of procedure of the House of lhe People.
enormous executive powers that inevitably have Two of lhem may be described in some detail
to be vested in lhis machine are properly exer- here.
cised. These are not exceeded either in Jetter or in
spirit, and are not abused. Committee on public accounts
Obviously, all the five hundred members of
the legislature cannot pcrfonn these functions At the commencement of lhe first session of
collectively as a body. The number is far too big Parliament every year, a Commattce is consti-
to permit such a possibility. There has, therefore. tuted cons~ing ofnot more than fifteen members
developed in modem democracies the system of of the House of the People elected from itsclr on
working lhroughparliamcnaarycommillCCs. Each the basis of proportional representation. Th~
committee consists of members of parliament or Committee has to satisfy that money shown in lhc
legislature. It is elected by that chamber or nomi- accounts as disbursed was legally available or re-
nated by lhe speaker. It holds office generally for lated 10 the purpose for which it was used. It will
a year. The number of such commitlecs will alsoexamine that !.he expenditure conforms to the
depend upon the amount of work which the state authority which governs iL It will further look
has undcnaken and lhc degree of inlercst which into such trading, manufacturing and profit and
the legislature displays in that work. The commit- loss accounts and balance sheets as the President
tees are expected 10 conlaln representatives of all may have required to be prepared. The Commit-
partiCS in the house. They have to hold meetings, ICC wiU alsocxaminc: the AuditarGcncral'sRcpon
call for evidence. examine walnCSSCs, and after Scrulmy by such a parhameruary commitlee is ~
fuJI delibclalions, submit their report or fmdings ~t c~.k on lhc executive. Its re,lOrl exposes
IOthe parent body, PartiamcnL The IaUer can lhen trregulanaacs an lllllional ~pcndilure though lhe
consider these reports and laltc on them whatever c~not be corrccled retrospectively. InvcSllg:.
taonsarc mthe natureofapost-monem and sc
ICtion it deems fiL . d rve
ThcsysiCmofparliamc:ntarY committees which as a wammg an a corrocuvc for the future.
has now come to be universally adopled makes it
Committee on tstimates
possible for the lcJislabR 10 work on thc prin-
ciple otdivision of labour. A few members of the Thts commiucc is to consist or not more lha
lcaislaaure who .-e pu'IICUI•Iy anleiCSICd in a twenty-five members elcc1cd by tJte ......_ ___ e n
subJCQ IR called upon 10 dcvocc lhear tunc, ~ ·~ VCr)
year rom amonas& Its members acc:ordmg to th •
eapaocnce lAd lllea& 1n hclpilll 10 dctcnnanc S)'Slcm uf prqutionaii'Cpi'CSCnlajon, The lC \:
policb d tclionl m [Link] of that [Link] of office of membccs IS OIIC )'ear. It is lhe dut hll
AIOdler i,ltlpOIWit IIIYiftiiF of lhe Syslem of lhc Conuruucc to rqJOR about -----. Y ol
,.....,.., c:ommitiM 11 lhat the work of
---uaes, un
PI'OVCmenttnorpoiSIUOD.efl1ciencyoradana .
~JCISitaSIIibutod over lllzc sectors of lnlttve rcfunn lhll •Y be otlectcd tn lh llts
1M house. Th1 JIIIQITI, conlributcs 10 crcaung a IJiale!l. hIS aJ!IO 10 .,.,._lltlabenJaU C CSll
..._-- VC poJa~,; ICs Ill
18 ORGANS OF GOVERNME.''T

bring about economy and efficiency in admini- of it can be expanded, curtailed, amended or
stration. It is further to examine whether the abolished by the ordinary legislature with as
money is well laid out within the limits of the much ease and as freely as other laws. Such is the
policy implied in the estimates and to suggest the case in Great Britain and Italy. There is, however,
form in which the estimates shall be presented to the danger of an abrupt change. In the case of rigid
ParliamenL constitution, it can be changed only by some
It will be recalled that the Committee on Public extraordinary method of legislation like in USA.
Accounts has to examine ac-;ounts quite some- Federal constitutions like the U.S.A. as a rule arc
timeafterexpenditure has actually been incurred. rigid as most of them follow a procedure for
Its exposures and criticisms are a salutary check amending the constitution which isdifferentfrom
on administtalion, particularly for future action. the one used in regard to ordinary laws.
On the other hand the Committee on Estimates is Article 368 of the CQnstitution has laid down
concerned with the working of different minis- the-procedure for amendment. IL is neither too
tries during the course of the financial year. In the easy as in England, nor too difficult as in the
light of the estimates sanctioned for a particular United States. The constitution of India strikes a
ministry in the budget of the current year, it middle course, thereby avoiding both extreme
examines the expenditure of the ministry more or rigidity or flexibility. Amendment to the constitu-
less as it .is in the process of being incurred and tion can be initiated only by the introduction of a
makes its own recommendations for ensuring bill in either house of Parliament. If such a bill is
beuer economy and efficiency. The two commit- passed by each house by a majority of the total
tees thus supplement each other. membership of the house and at least a two-thirds
majority of the members present and voting and
Other committees thereafter assented to by President, me constitu-
Besides these two committees, there are the tion stands amended in terms of the bill. Most of
~ Provisions including those on Fundamental
Business Advisory Commitaee, Committee on
Private Members Bill and Resolutions, Commit- Rights and the Directive Principles of State Pol-
lee· on Subordinate [Link], Committee on
icy can be amended through this procedure. But in
the case of certain amendments, ratification by
Government Assurances, Committee on nbsence
the legislatures of not less than one half of the
of Members, Rules Committee and Parliamen-
tary Comnittees. The names of these committees
states by resolution to that effect is required
are fairly indicativeof the purpose for which they before the amendment bill is presented to the
are formed. President for his assent. These maners can,
broadly, be described as federal issues in which
both the Union and the States have interest Rati-
fication of States is thus required m arnendmg
PROCEDURE FOR AMENDMENT some of the provisions such as those relaung to
the election of the President, the Supreme Coun
Amendment in the Constitution may become a and distribution of powers as g1ven in the three
crying necessity when any vital change of cir- Lists.
[Link] takes place in the country. Thus the In addition to these two procedures, there is
Constitution may become a stumbting block 10 one more procedure through which certain ar-
lhe growth of a nation's hfe when it refuses 10 ticles can be amended. The provisions relating 10
adapt irself 10 the pogress of time. This is lhe the creation of new states, and the eslabtishment
aaon why every Constitution provides for or abolition of Legislative Councils in the States
amendment procedure. can be amended by Parliament by simple major--
Ia lhecueofa IJexibJe coostitution,every part ity.
U!OISI.Annt11 IN INDIA 19

EXERCISES

1. . Desc:ribe lhe composition oHndianParliament and compare~ powers of the ~ya Sabba
with those of the .Lok Sabl\,8. .
2. Discuss financi8l andjuclicUII functions ofParliamcat.
3. DiscUss the functions of the Speaker of the Lot Sabba.
· 4. How is lhe Constirution amended? Describe the ameodmelll proc:edme.
S. Enmnetate lhe privileges of the Memben of Parliameol ·
6. Write short notes on the following:
(i) Chainnan of the Rajya Sabha
(ii) Committee on Public Acc:ounts
(iii) State Legislature
(iv) Committee on Estimates

...
 CHAPTER IV

Legislative and Financial Procedures at Central

and State· Levels

A LEGISLATURE under the parliamentary sys- ment. He may specify particular provisions of 1
lem of government is entrusted with the work of bill to be reconsidered or recommend amen
legislation, sanctioning the fmaucial proPQsalS of ments to be made in the bill. When the biU is •
the government of the day, controlling the minis- returned, the Hou~s reconsider it accordingl!
try and performingolhel:ancillary function. If the Afler such reconsideration, if the bill is passe•
legislalurehappenstobebicameral,thepowersof againbytheHouseseitherwithorwithoutamend
the upper house are limited in mauers of finance. ments and is presented to the President for h~
Legislature in India follows this accepted prin- assent, he cannot withhold the assenL Thus Uie
ciple. President can reiUm a bill to the Houses once and
A bill, other than a money bill or a financial once only. On the receipt of assent of the Presl·
bill, may originate in either bouse of parliament, dent, the bill becomes an Act of ParliamenL
unless it has been agreed to by both the houses
either wilhout amendment or with such amend- Legislature and the aovernment
ments as are agreed to by boch lhC houses. In case The session of Parliament begins with a joint
of disagreement between the t'V() houses, the silting of the two Houses, which is addressed by
President may order joint silting of both the lhe PresidenL In each House the first item
houses to iron out the differences. The consliiU- business is the Question Hour. During this hour
tion conrains derailed provisions anegalds joint the members Ilk questions to elicit informa&ion
sittings. When a bill is passed by both the houses from thcminislason VPrious issues penainin&
of Parliament. it is presented to the President for their minileries. The q.-ion boar is oae of
his assenL The President declares dial be either most popul.- items of die ..... QaesUons
aaeniS 10 lhe Bill or withholds it. The President of two kinds; stanec1 and UDStll'recL The
has lhe power 10 veto a Bill If he does not assent. questions are daoae quellioas whichareans
he may return the biD, if it is not a mo~ bitt, to by the Ministers orally. Wbiiethe ___ q_
the houses as soon as possible with a message rc.
lions are thole whic:h 11'0 meant wdlll.n •
requesting thauhe bill be recllnlidered by Parlia- swers.
 21

discussion the bill is either passed or rejected. If

the bill is passed, it is sent to the other House
where il goes through a similar procedure. After
the bill has been passed by both the Houses. it is
sent to the President for his assent.

Procedure In finandal matters

Aspecialprocedurehasbeenlatddownformolle'y
bills. A bill will be considered to be a money b II
if it contains only provisions dealing wtth (a) the
A member can call !be aueution of the govern-
imposition, abolition, remission, alteration or
ment on any maltcr of urgent public importance,
regulation of any tax; (b) the regulauon of the
such as serious drought or flood situation in the borrowing of money or giving of any guarantee
country. Calling altentionnotice is a device which bytheGovemmentoflnd.a;(c)lhecustodyofthe
originated in our country itself. Through this Consolidated Fund or the Contingency Fund o
device lhe members can elicit information on India; (d) the appropriation of money out of U~
important ma1ters. . Consolidated Fund; {t) the receipt of money on
If any mauer is so urgent thal u brooks no account of the Consolidaled Fund or the publ
delay, lhe members can bring il for ~scussion 8CCOWI(; and (g) any mauer mcidcfttal to ~e
through adJOUnuncnt [Link] ad~nt mauersli!ledhere. ThedecisionoftheSpeakcr f
motiOn iscarried,ttindicaiCS&SUOilg disapproval the House of the Pecple is final on the question
of the government's policy. Ad~en~ actu- whelher a bill is a money biD or mt.
ally means puUlD& off regular busineSS till an- A money baD C&DIIOl be introduced in tl:
[Link]~Mljounlmentoflhe Council or StaleS. After a money bill is passed by
debarc or ollhc Houle. 'lbere are similarly othea' the House of tbe People, ir. i.<~ transmincd to &be
dcvaccs such as no-confidence motion tl_uough Council of States for its rccommcndations. The
which the opposation can cnucally exaouoe the Cpuncil of States must, thereafter, return the b 1
policies of the government. with ats recommendations wilhin founcen da)s
from the dale of tts [Link] it docs not return lhe
Lealslative procedure at the centre bill wilhm this period. the billts deemed to ha
been passed by both the houses in a form in which
A bm other than a moaey bill may be in~uceJ it was passed by the first chamber. If the ftrS
ei&her by a member or a minister. Each b~ soes chamber returns the ban to lhe second cham!~«
tbrouab line [Link] the Farst Reading the within this period with its recommendatioos., lbe
mover ...a ._ permissiOil or the House ro second chamber bas the autbority eitber to accert
illlroduce abe biD. If lbo leavo is Jl'8I'ICd. the bill
or rejec:Lany oflbese ~ 1be bill
il ......... 1D abe Second RcldiDI tbn are
&wo [Link] die OrllllliF apneml clilcllSSIOR
is lhrRderdecmocl to bave been ..-a by both
abe Houses of Parlilment. Tbe J11S111C of a bi 1
Olllbe bUill beklllldlbe bill• eidler refened to iDfo a law lbus in'#Olves qulia a 1eqtlay proce&\.
1 c:ann1a1e b dellillddiacuS8io" or circulated
Let us tum for a nle 10 a delliled IlDdy of
far 1111 purpG11 otellc:iUII pulllic [Link] the proced.-e io fiRIIICilliiiiUieiS.
- - .........-dliwe~ ol
.. Nlil..._ .._ A•rknS .. penDilled
.............'I'IIWJteldiDidle bill il w fi'"'
ne illilidliw C~~CM~we
IIIMJII fDr *' 8111 WQ¥11. ADIIr a . - l ll ita fJI 4111 ..-...,aUBIIIIC. . . . . all
22 ORGANS OP OOVI!RNMEHI'

18xatian and all public expenditure must be vOied ances of the President and other expenditure
by the people. 1be [Link], can raise relating to his offJCC; (b) the salaries and allow-
money by levying taxeS or borrowing or other- ances or the OWnnan and Deputy Chairman of
wise. and can spend money, only with the author- the Council of Swes and the Speaker and the
ity ofthe represeol8livesc1f the people. The initia- Deputy Speaker or the House or the people, (c)
tive in these mattas must come from the execu- debtcharges,includingsiakingfundandredcmp-
tive because they are in clirec:t charge of the tion charges, (d) the salaries, allowances and
administrative machine and are in a position to pensions payable to Judges of the Supreme Court
knowexactlythe natureoftherequirementsofthe (as these existed before the inauguration or the
state and also th~ limilalions on its ability to Constitution) and pensions payable to judges of a
satisfy lhem. All fanancial proposals must. there- High Court; (e) the salaries aUowances and pen-
fore, emana1e from the govemmenL The legisla- sions payable to the Comptroller and AudiiOr
ture wiD bave the power to sanction particular General of India; (I) any sums required to satisfy
itemsortorcduce them oreven to reject them. But any judgement. decree or award orany coon; and
they bave no power to recommend an increase (g) other expenditure declared by the constitu-
eilher in taxation or in expenditure. This is a very tion. The examples relate to administrative ex-
heakby reslrictian for the successful working or penses of the Supeme Court and of the Comp-
democracy in the country because it imposes an troller and Auditor General, grants-in-aid to the
effective cbcck on the u:mptalion to indulge in states, expenses or the Union Public Service
irresponsible though attractive suggestion on the Commission, etc. Parliament has also been given
part of members of the legislature and thereby to the power 10 add to the list by passing a law to that
achieve easy popularity with the elcctoralC. effect
All the expenditure which is chargedllpon the
(u ) Tlte bllll,e• Consolidated Fund of India will not be submitted
to the vote of Parliament; but aU lhese items of
EstimaleS or the income and expenditure or the
expendiwreareopen todisciLUion by either bouse
state are prepared by the Ministry, the Finance
of Parliament The legislature w111 thus get an
[Link] being mainly entrusted with handling
opportunityevery yeartoaiticise lhe adminiS1r8-
the aask. Af~erthcy have been prepared, the Presi·
tion even in respect of mauers which are, there-
dent asks the Fmancc MinislCr to prepare the fore, nOl allowed to be voted upon by the legisla-
aMual finance stalCment, the budget. for the ture. It is noteworthy, however, that the construe-
·ensuing year to be la1d before the Houses of
lion of salaries of ministers, as also lhe salaries or
Parliament. The statement contains the estimated
mcmhcrs of the All-India services, are made
icceipL'! as well as all expenditure of the Govern·
[Link] to the aMual volC of the lcgtslalurc. T11e
ment of the Union. TI1c c~matcs of expenditure
working of a depanmem can, therefore, be crlll
distingwshes expenditure and shows scpornlCiy
c1sed, and gncvances in regard to n can be venu-
(a) the sums requm:d to meet expenditure which
lated by a dascussian on a token or nonunal culm
IS charged upon the Consolidated Fund, and (b)
these salartes.
the sums required to meet other expenditure pro·
pM:c1 to be made from the Consolidated Fund.
(ill) ExpenditUTt voltd by parlltJ,.,IIf
( 1) ExfHndiJUTt chtvgtd on IM COfiSOiidattd All expenduure other lhan lhal whicb 11 chlrpd
fund on the Consolidated Fund IS 10 be subnuued to the
The cxpcnditUIC charged on the Consolidated House of the Ptoplc in the form of demands for
- " .J ,ft...... · ,,., '"" ,.,..,a.,"""ntc 11nrl :.llnw CPrant : and lhe hou...e shaH llavc power 10 asent
 23

. .. .
24 OKGASS OF GOVliKNMiiS"I

opinion of the mover there is scope and justifica- House of the People. The budget must be pre-
tion for sucb a reduction. If the motion is passed, sented to the House of the People and it has a right
the department concerned will actually get only to hold a general discussion on all its items.
that amount to spend as has been sanctioned by including expenditure charged upon the Consoli·
the legislature. Substantial cuts are not likely to be dated Fund. The occasion can be utilised by its
proposed by members be•onging to the party in . members to express their opinion on the general
power, because the minist<;rs are their own lead- working of lhe various departments of the state
ers in whom they have im111icit confidence and and lhu!> present the pomtofview of a body, many
whose lead !bey are normally expected to follow oflhemembcrsofwhicharc supposed to be 'elder
[Link] statesman'.llowc\l.'r, no motions can he made at
opinion between the leaders and their followers. this Sla!lC and the rc c<tn be no taking of vote:s. The
they can be thrashed out at party meetings. Min- Council docs nut posses the rightul voting granb;
iMers may even agree to yield to the pressure that that is the exclusive privilege of the House of the
maybeexertedontbembytherankand file. Thus, People. There is no question, therefore, of any
when the matter comes up before the legislature, demand for granLo; being submllted to thcCounc1l
the minisler himself may announce that he has of States and any cut motion being surgcsted to
accepted certain modificallo~. Members of lhc them.
opposition also may suggest substantial cuts for Appropriation bills : Aftrr all lhe grants de·
the purpose of affecting eccnomy. But there is no manded by the ministers have been made by the
chance of their proposals being passed, because House of the People, a bill called the Appropria·
they are m a minority'in the house. tion Bill is introduced in the House. This bill
Token cuts: Mostofthecuts which arc moved arc provides for appropriation out of the Consoli-
not, however, intended to reduce the amount of dated Fund of India of all monies required to meet
expenditure. They are called token cuts and sug- (a) the grants voted by lhc House or the People.
gest a reducuon of only Re. 1, Rs. 10 or Rs. I00 and (b) the expenditure charged on lhe Consoli
in the amount that is demanded. The idea is to get dated Fund of India not exceeding the amount
an opportunity 10 discuss the operations of that shown in lhe budget. No amendment can be
particular department, to expose its inefficiency proposed to any such bill m cilhcr House of
or weaknesses and to suggest concrete ways of Parliament which will have the effect or varying
improvr ment Members of lhe pany in power as the amount or altering the dc.~Liruuion of any
also m:mbers of the Opposition may move such expenditure charged on the Consolidated Fund.
motions. Mmisters intervene in lhe debate.~. give The bill, like any other bill, must be passed by
replies tocriticismsand clarify issues. Quite often both the Houses before it can be enacted into law.
such mouonsare not pressed to a division because No money shall be [Link] from the Con-
the purpose IS served when adequate discussion solidaled Fund of India except under appropria·
has raken place. But, if such a motion is made by tion made by the Appropnation Act. The mere
a member of lhe House, it may be taken to be a voting of grants by the House docs not by Itself
vote of no-confidence in lhe ministry and the authorize expenditure of ntbney out of the Con-
resignation of the government may follow. This solidaled Fund. lt will be seen that the Appropria-
is, however, not liltely to happen as long as the tion Act conlains authorization in respect of
solidarity and discipline of the political party in expendiiUre voted as well as expenditure charged
power are in 18CL upon the Fund.
Lesserpower to the counc;J ofstates: The powers Thus it is a practice m India 10 [Link] to the
of the COWicil of States in respect of financial leg1slaturc every year what IS knowa as the Fi
maucrs are lesser than those conferred upon the nancc Bill which incorporates all proposals of
 2S

new taxes as well as all changes in the rates of ture'ssanction. YetthepowerofspendingJJIODCy

taxes or duties which are already in operation in exceptional cases. in excess of ~·8Ql0unt
accenting to permanent acts passed for that pur- sanctiooed, cannot be denied to lhe exCCII&ive,
pose. Changes in the ra&es of income-tax which because unforeseen circumstances may arise and
are already in operation under the Indian Tariff the situation has got to be handled with efficiency
Act. or changes in the rates of postage which are and despatch.
already there under the Indian PostOffice Act can
be cited as examples. This bill, like other bills, has
to be passed by bolh the Houses before it can EMERGENCY EXPENDI1URE
become an Act. It must be understood that an
Appropriation Act embodies proposals for ex- Sometimes, in a national emergency, the govern-
penditure, while the annual Finance Act has all ment may feel that it is essential to spend some
proposals for raxation and revenue for the finan- amount of moqey forlhwith in the interest of the
cial year. No money Bill can be incroduced except state. However, it may not be possible for it to
on the recommendation of lhe President and such · work outdetailed estimates, because lhe situation
a Bill shall not be introduced in the Council of may be full of unpredictable elemeniS. Similarly.
States. sometimes the services for which expenditure hac;
to be incurred may be of such a magnitude and of
such an indefinite character that details of the
SUPPLEMENTARY BUDGETS expenditure cannot be previously worked out and
given in the budgeL Demands for the necessary
It may happen that an amount authorised by lhc expenditure wiU, therefore, have to be made in
Appropriation Act for being spent on a jJanicular rather an uoe:xpec:ted manner. Occasions may
service during lhc current financial year is found also arise when a particular or special purpose
insufficient or some need may arise during the does not form pan of the current services of the
year for supplementary or additionaJ expenditure year and yet expenditure on it is considerable
wltichwasnotcon&emplatedwhenthebudgetwas during the current year. Money biU, therefore.
prepared and presented. It may also happen that have to be voted by the House separately for such
money has been spent on some service during the a particular purpose. In order to cover all these
financial year in excess of the amount granted for .exceptionalcirtmnsrances the Houseoflhe ~le
that service for that year. In such cases supple- has been given the power to pass the necessary
mentary budgets must be laid bef(l(e bolh the Appropriation Acts.
Houses of Parliament, showing the estimated
amount of the additiooal expenditure. Demands
for grants 10 cover that amount must be presented LEGISLATIVE PROCEDURE AT TilE
to dae Hoose of the people for its sanction. After STATE LEVEL
the grants are voted by the Houses, an Appropria-
lion Bill embodyiq them must be presented to Wilh the exception of Money biDs and other
bolh lhc Houses of Parliament and passed by fmancial biDs. a bill can originate m cidaer- house
them Into an AcL Supplementary budge&~ are of the legislature. Subject to the provisions relat-
naturally not looked upon with much favour by ing to Money bills and to general restrictions on
memllen of lhe teplalure. because lhcy practi- the powers oflbe [Link] Council, a bill shan
CIIIy lmOUnliO an ex-post faciO conrumation of not be deemed 10 have been passed by the House
the expendibn wbJch his already been incurred of the legislature of a scato having a Legislative
by •aov•-• llllicipllion otlhc leJisla- CCMlCil unless it 1m boea aped to by both
26 O&OANS OF GOVERNMENT

Houses either without amendments or wilb such which it has been passed by the Legislative As-
amendments only as agreed toby bach Ute Houses. sembly with or without any of the amendmencs
The Legislative Council bas been given a iecommended by the Council. The definition of
subordinalc position in law-making. ·Ics powers Money bilis is similar to that given in connection
have been greatly circumscribM both in respect with ParliamenL
of Money bills and other bills. The power of a
Legislative Council to amend a bill which has Role or the Governor
been passed by a Legislative Assembly and sent
totheCouncilisseverdylimitedbyiL Whensuch When a BiU has been passed by the Ho~ or bolh
a bill is (a) either rejected by the Legislative Houses of the State Legislature, it is presented 10
Council or (b) passed by it with amen<lments ~ the Governor. The Governor may then either
which the Assembly does not agree or (c) more assent 10 the bill or withhold his assent from it or
than lhree months [Link] the date on whicll reserve the bill for the President's t;Onsideration.
the bill is laid before the Council wilhout the bill. It' ls provided that lhe Governor may return the
being passed by it, the Legislative Assembly may bill, iritis nota Money BiU,tothe legislature with
again pass the bill in the same or in any s~­ his recOmmendations. The legislature may then
quent res:~ion with or without amendmencs sug- again pass the biU with or without anY. amend-
gested by the Council. The biU so passed is 10 be ments and present it to the Governor. This time
[Link] back 10 the Legislative Council. If the Governor cannot withhold his assent from the
now the Bill is rejected by the Council or passed bill. When a bill is reserved for the President's
by it with amendments 10 which the Assembly cOnsideration, the President may, where the Bill
does not agree Or if more than one monlh elapses is not a Money Bill, direct the Governor lO return
from the dale on which the Bill is laid before the the Bill10 the legislature with ~men<lations.
Council, without being passed [Link], the Bill is Thereafter, the legislature must ~der the
deemed 10 have been passed by both Ho~ of Bill within a period of six 'JI*ltl\8 and if it is
Legislarure of the State, passed by the Legislative passed again by it with or wldloiit any amend-
Assembly with sucb [Link], if any, as have ment, it is presented to the President for his
been agreed 10 by il consideration.
The powers of a Legislative Council in rela-
tion to Money bills are similar 10 those of the
Council of State, the upper House of Parliament. FINANCIAL PROCEDURE AT STATE
No Money bill can be introduced in a Legislative LEVEL
Council. When a Money biU is passed in a Legis·
lative Assembly, it is 10 be transmitted 10 the As in the Centre, the main features of the financial
Legislative Council for its recommendations. If procedure in the states are (a) the annual financial
thereafter the bill is not returned 10 lhe Assembly statement; (b) the demands for grants; {c) the
with lhe recommendations or the Council wilhin appropriation Bill~ and (d) other Financial Bills.
a period of fourteen days from lhe date of the In respect of every financial year the Governor
receipt of the Bill in the Council, the Bill is must place before the House~ House& of &he "*
deemed to have been passed by both Houses. If legislaaure an annual fmancial statement showing
lhe Council returns the BiU within this period the estimated receipts and expenditure of the state
warh its recommendation, the ~bly will hltve for that year. The estimates of the expeadilure
rhe authority 10 either accept or rejecl any of the must sbow separately (i) the expendilllre charged
rec:cnmendations. Then the Bill is deerneCI 10 upon the Consolidaled Fund of the State; and (ii)
have been [Link] by bod! Houses in &he form in adler expenditan 10 bo made out of lbat Fund.
[Link] AND FINANCIAL PROCEDURES 27

The expenditure charged upon the Consolidated assent or refuse any of ~ese demands or reduce
Fund of the State are: (a) the emoluments and the amount of any demand. No demand for grant
allowances of the Governor and other expendi- can be made except on the recommendation of the
ture relating ·to his office; (b) the salaries and Governor.
allowances of the Speaker and the Deputy Speaker After the grants have been made, a biiJ Is
and, in the case of a bicameral legislature, also of introduced to provide for the appropriation out of
the Chairman and the Deputy Chairman of the the Consolidated Fund to meet the grants made by
Council; (c) debt charges; (d) expenditure in the Assembly as well as the expenditure charged
respect of the salaries and allowances of the on the Consolidated Fund. No amendment can be
judges of any High Court; (e) any sums required proposed at this stage by the House or the Houses
to satisfy any judgement, decree or award of any of the legislature, which may have the effect of
court or arbitral tribunal; and (f) any other expen- varying the amount or altering the destination of
diture declared by the Constitution or by the the amounts. No money can be withdrawn from
legislature of the state by Jaw to be so charged. the Consol idated Fund except in accordance with
The other item to be charged on t~ Consolidated the provisions of the Appropriauon Act.
Fund of the State arc: (I) sums required to meet The Governor is authorised, whenever he thinks
the administrative expenses of High Courts: (ii) it necessary, to place before the House or the
sums required to meet such ·contributions to the Houses of the State legislature supplementary
privy purse of rulers as may be determined by the financial statement and cause to be laid before the
President; and (iii) sums necessary to meet the Assembly demands for supplementary or addi-
expenses of the Stale Public Service Commis- tional or excess grants. But the same procedure
sion. The expenditure charged on the Consoli- will apply to these 111atters as ha~ been laid down
dated Fund in terms of items (a) to (f) arc non- for the annual financial statement or the ordinary
votable. They can, however, be discussed in the demands for grants. .
legislature. Other expenditure must be submiued The legislative assemblies of the States have
to the Legislative Assembly in the form of de- also be..:n authorised to sanction advances and
mands for grants. The Assembly can then either grants as well as exceptional [Link].

EXERCISES

I. What is a money bill ? How is it passed'!

2. What arc the different stages through which the budget pa<;ses? Discuss.
3. Dcscirbc the various [Link] in. the life of a b1ll before it becomes an act.
4. Write short notes on the following:
(i) Demands ror Grants
(i1) Consohdatcd Fund of lndm
(1ii) Cut Motion
(iv) Appropnation B1lls
 CHAPTER V

Executive : A General Profile

IN COMMON parlance government is equated responsibility of the political executive. The po-
with its executive branch. That organ of the gov- litical executive is a small group of persons who
ernment which executes laws passed by the legis- preside '?ver the various departments of the gov-
lature is known as the executive. The term execu- ernment. They are the architects of the policies
tive is used in two senses. In the broader sense of which guide the operations of the governmental
the term, it stands for the entire staff of officials, machinery. Affiliation to a partic~ar political
high and low, which are concerned with the party or parties under a coalition and temporary
administration ofj>Ublic affairs. It means the head tenure of office of the executive are the distin-
of the executive, both constitutional and real, the guishing marks of a political execuuve under a
whole body of ministers, secretaries, and other Parliamentary system of government. This is true
civil servants, personnel of the police, and even of of countries like England and India, where the
tile anned forces are included. In the narrower political executive is designated as Cabinet or
sense, it signifies only the real executive. Council of Ministers. In some other ~ountries,
In point of time, the executive is prior to other like the United States, where there is a Presiden-
organs of government. The government, in its tial form of government, it is known as Presi-
early stage, was purely an executive branch. With dency which has a fixed tenure. ln a parliamen-
the advent of constitution or democratic politics, tary democracy, in addition tocabinet~nd a prime
however, the legislature and the judiciary arose to minister, there is a nominal executive-a
provide the execuuve with necessary lim its. These constitutional figure-head. In England, the king is
institutions denuded the executive of some por- the nominal or ornamental executive, whereas in
tion of its authority and what remained still made India, Pqrsident occupies almost a similar poSi-
the executive quite strong. tion.
In point of importance also, the executive, in Policy-making as well a~ policy-implementa-
the contemporary world of politics, occupies a tion is a delicate task. It requires a vast mass of
pivotal positiorl. The process of government can technical knowledge and information. The politi-
be split up in two pans. One is concerned with cal executive may or may not have administrative
policy-making, and the other with the technicali- efficiency. These are provided by thousands of
ties involved in the process of policy-making and civil servanLc; who constitute the apparently non-
policy-implementation. Polic~~ng is the sole political, permanent, profcsstonal executive. The
 EXECtJl1VE : A GENERAL [Link] 29

political neutrality and permanence in tenure of indirectly, it [Link] elected executive. The heredi-
office is expected to distinguish the civil service tary executive is no longer in keeping with the
from the cabinet or the presidency, as the case spirit of democratic government. However, in
may be. Thus the~executive branch of the govern- England hereditary monarchy has been retained
ment consists of two components, E_Olitical and as an integral pan of Lhe political system. But, as
t ~rmanent. Altogether, in a familiar sense, th~ already stated, the monarch is nominal rather than
••~ nominal head and his ministers (inclusive of the actual head [Link]. The fact of the matter
~:,./ prime minister) are designated as the executive in is Lhat World War II swept away Lhe autocratic
a parliamentary system of government and under monarchies in Europe. However, one of t11c states
a presidential government the President and his where Lhe monarch still retains some actual powers
political advisors constitute Lhe executive. in Asia is Nepal.
Elected executives may be classified under
three heads : Lhosc directly elected, those mdi-
Types of executh•e
rcctly elected by a body of int;:rmcdiatc electors;
There arc Lhrcc maJOr types of executives: and those elected by the legislature.
(a) nominal and real; Direct p6pular election of the cxeculive pre-
(b) hereditary and elected: and vails in the United ~tates of America. The Prc~i­
(c) single and plural. dent there is in practice elected by a popular
Let us now turn to examine Lhesc types elabo- election, Lhough Lhe constitution provades for
rately. election by an intermediate body of electors. The
main advantage claimed for direct popul;tr clcc- . ·
(a) Nominal and real tion is two fold. It creates an interest in public,
Theexccutm::ma~ bcanominaloraconstitutional affai~s on ~c p~ of Lhe mass~s. It also ensures Lhc\1-·
.,y/'. ruler,a titularorceremomal head of the state like electaon ol a ch1ef execuuvc m whose ability and '"
integrity the people have confidence. But the Ll
"' \' the British kin••. The nominal executive as the
,V:,o-(.' head of state~[Link] symbol of national unity. He disadvantages of the sy:.tcm arc many. Farst, it as
docs not have any real powers. The real power not pos.~ible for the citizens to kno"' much ahout
rests with Lhc cahinet wh1ch constitutes the real the candidate, if the electoral area is a large one.
Secondly,the elective system breeds intrigue and J,
executive. For e:(amplc in lndia, thc President of
corrupuon. It may throw Lhe whole machinery of
India i~ the nominal cxccuuve. while the Primo.'
Minister and h 1 ~ cabmct :tre tho.' real cxerutivl.'. the government out of gear just before the ckc-
Such dl~tlllt:Lion bl'l\\el'n thl' rC:li CXCCUII\'C and uon. Tlurdly, it accentuates part) kl•lings. Four-
~hl~· . 1t sometime~ ~pen· a w~.raguc~ an11 11
the uommal cxcnllivc is found in <l parliamentary
form of govcrnm,·nt. Out1n tltc prcs1dcntial form mlcnenuon by forl'Jgn power:.. Fmall> thl' dan-
ger in this mclhod as that such ckcuon b cothld-
or goH·mme!ll thi~ distmctmn is not made. For [Link] prejudiced by demagogy and popular
example, thl' Prc~i1knt of Lhe United States of
Amen, a a.~ Intended hy the lathers ofthl'con,ti· pa'"on. It is not al"'a)s go,cml'd h) mtclhgcm
tuuon, ,, the re;al hl·ad and l'nJO)S \a:.t powers. e\,lluation of the qualities of the contestants ,111\)ut
"'htl h the people rna) he unaware.
In some lllUlltrie-.. the exc, Ull\ r '' ek-ctl'\1 on
I b) 1/cr, daarv and t•h•ctC'J the ba.~is ofmajonty in the lcgi..;Jature. The menL'
\\ h~n the• office ol thl' l'\CCutivc 1s inhcntcd oflhis s) stem arc that the mcmtx·rsofthe k·gisla- ,
;unong the llll mhl·rs ulthc fanHI) as in Engl;md. ture arc hkl'l~ to take a WN'r v~o.:w than rh,•
lla~ kthl\\11 a.~ herc<lltar) o.c~:utive. In l'OIIlmst, lll:ISSl'S, :md that therl! IS a dUM: l"\JCCl'~(lllllUCnl','
wh~n people cll'Ct an l'\cunavc dare<.:tly ur hl't\H'CII thl~ l'XCCUIJ\C and k~•slaturc In
 ORGANS OP GOVERNMENT
.')V . I
rv-""'~
countries with parliamentary executive the cabi- Minister bebavesas IJ!'slamong the equals, seems
net is the direct choice of the legislature. In to be the best type of executive. As it is not based
countries wbere the parliamentary executive or on infalliability of a single person, it leads to
the cabinet system prevails, the real choice of the minimisation of errors in executive decision-
executive is thus made by the legislative branch making. The cabinet system is also preferable
of the government. The nominal executive only because of the underlying pru\iciple of collective
formally chooses the Cabinet. In p-actice this responsibility and political bomogenity due to
choice must be in full agreement with the ex- which it is expected to develop a corporate mind
pressed desire of the legislature.
The chiefdemerit of this method of election is Pawers or tbe ex~utive
that it violates the principle of separation of
The Immense growth of executive power is the
powers. It thus reduces tftcexecQtive to the staJus
most noted development in the presentcentury. It
of an appendage of the legislature. But advan-
has expanded both in depth and coverage. The
tages, as already stated are also many. For ex-
executive powers in a normal constitutional state
ample, it ensures collaboration between execu-
are as follows:
tive and legislature which is a condition ofsmooth
l. executive;
worlcing of the govemmenl Again, it leads to an
2. [Link]; and
intelligent choice of the executive by a selectand
3. judicial.
compeaent body.
Let us now have some details of these powers.

(c) Single and plural executive (1) Executive powers

If the executive authority is vested in one person, As far as the executive powers are concerned,
ora body of persons wboactcollectively,itis the these relate 10 direction and supervision of the
case of single executive, for example, U.S.A. On executive of the laws in all d-e states. Within tbe
the other hand, if executive authority is vested in field of civil adminis1ration also lies the power of
a number of persons enjoying eq~ and co- issuing regulation or ordinances in regard to
ordinate powers, it is a plural executive, as we mauers which have not been dealt with by the
[Link],all legislatures. As far as the legislative power is
the members are equal so much so that head of the concerned. it {dales 10 the drafting of the billsand
State is selected by rotation. Plural executive is directing of their passage into law. It includes
generally defended on the ground that it safe- both fmancial and other bills. Finally, the judicial
guards against abuse of authority. The unity of powers concern the granting ofpardons; reprives,
power, characteristic of presidential and parlia- etc., 10 the criminals. ·
mentary executive, may generaUyencouragesuch The executive powers can be funher divided
abuse. It also arrives at better decisions because a inlo the following three beads:
group of men is expeeled to possess more knowl- (i) diplomatic;
edge and underslallding than a single individual. (ii) administrative; and
The single-headed executive, as is prevalent in (iii) military.
America, bas the ability to decide quickly and act As far ~ diplomatic pow~ of the executive
energetically. Still it is DOl wilhout blemish. Oit- are cOricemed. IIIey relale ro'cooduct of beign
ics have argued that it leads to cenaralization of affairs. In strict lhecx'y the diplomllic or treaty
authority, a lelldency rowards misuse of power making power is neither purely executive 10
and Oauety of the chief by his subordinates. purely legislative. It, however, relales to intiative
The cabinet system, so long as the Prime by the executive and as such it is deemed to
EXECUilVll : A GENERAL PROFIIJ! 31

belong to it more than the legislature. Further, in defence are usually regulated by [Link] the United
all states the executive appoints and receives States, for instance, the declaration of war is the
diplomatic [Link] further coofinns right of the legislature. But tbe President of the
the initiative of the executive in the fierd. . [Link] ~. through a .delibelale act, pre-
As far as administrative powers of me execu- cipitate a crisis situation for the nation. He may~
tive are concerned, they relate to the execution of thus, compel the legislature to declare war and
the laws and the administtation of the govern- move in tune wjth executive action. In countries
ment This embraces those matters particularly, like India and England, the right to declate war
which have to d~ directly with the administra- rests in the executive authority. However, the
tion of the government. Thus we fmd that the head parliamentary approval is necessary because the
of the executive can appoint, control and remove parliament is alone rompetent to grant money for
all his subordinates. In the field ot internal ad- the persecution of war. There is nearly a unani-
ministtation, it is the function of the executive mous opinion that the military power should be
to direct the implementation of laws. It requires vested in the executive. During periods of war the
departmental organisations, control of adminis- executive authority greatly expands and its con-
tnitive heads ofthe departments through the power trol becomes almost totalitarian, embracing every
to appoint and dismiss them and the total flow of aspect of man's existence. People however, ap-
administtative business. It is the function of the prove of temporary suspension of democracy in
political [Link] in every country to coordinate the interest of national security.
interdepartmentai activities.
· The executive is also geneJ8)ly entruSted With
the task of appointing ad•rs or suggesting
m Legislative powers

nwnes of persons to become ministers and the The emergence of rigidly disciplined national
adminisarative head of the ·gavernment. In the political parties ha'i led to increasing executive
United States, the President makes the appoint- leadership in the domain of legislature. In parlia-
ments of secretaries which are subject to conflf- mentary democracies the executive, backed by
mation by the Senate. In aparliamentary democ- the suppon of the majority party, provides the
racy the nominal executive like the British king or necessary drive and intiative in legislative busa-
the Indian President formally appoints the highest ness. The executive initiative introduces and urges
officials of the state. But in this system the Cabi- the adoption of legislative measures upon all
net actually appoints and the nominal executive subjects falling in its domain. The exccuuvc
just conflfms. The executive has not only the hegemony in the field of legislation is so mueh
power to appoint but also to remove or dismiss in that it is no exaggeration to say that at is the
certain cases. This is so because the executive is executive that legislates with the conscm of the
charged with the responsibility of directing and legislature. Even this consent is formal, in as
supervising the flow of adminisarative business. much as once the executive commands a major-
As far as the powers pertaining to military or ity, the legislauve consent is easily secured.
defence officials are concerned, these basically Moreover, the powcroftheexccullve to summon.
deal with theorgamsation of the armed forces and suspend and dissoh·e the leg•slaturc ensures
the conduct of war. The chief executive of the executive control over the legislature in good
state is generally the supreme commander of the measure.
defence forces. In this capacity he appoints and Under a non-parliamentary system in the ab-
dismisses the military officials and directs de- sence of an organic relationship [Link] the
fence planning. But the powers pertaining to executive and legislative branches of govern-
32

ment., the executive is not able to provide direct EXPANSION OF EXECUTIVE AUTHORITY
leadership to the legislawre. But here also there
are some consitutional devices through which the Be&des, the executive authority has also ex-
executive influences legislalion. The President of panded in other directions. The varied economic
United Swes, for instance, is empowered to activities in modem societies demand increasing
address messages to the Congress containing planning andcoorrlination. Theexecutive, in order
concrete recommendations for legislation which 10 attain this end, bas extended its control over the
the President wants the Congress to make in the national economy. Moreover, the executive with
national interest The President's messages are a view to·fulfil~ programme of a welfare state
usually favourably CORSidered \>Y the Congress, [Link]
as the growth of national parties, linking the like transport., education and public health. Thus
executive with the legislative 1nnches of the a modem executive has a long and impressive list
governmeot. bM extended the influence of the of powers and functions. In fact, it is today the
President to tbe Congress as weD. Again, in many mainspring of the govemmenl Increase in the
counUies, fCX"instance the United StaleS and India, power of the executive authority at the expense of
the executive bead may ~ve the acts of the the legislative body and sometimes of the judici-
Jegislalule by means of a vero. In the United ary is the characteristic feature of the politics of
StaleS, the Presidentcan exercise his right 10 veto the 20th century democracy.
but it can be overcome by a two-thirds vote in Thus the demands of economic development,
each house of the Congress. The President of requirement of welfare and social security and the
India may, except in the case of a Money Bill, pressure of defence, all add to the powers of the
withhold bis assent from a bill passed by Parlia- executive. Building roads, bridges and railways,
ment or zeaum i1 to Parliament fCX' reconsidera- the development of communications, provision
lioo. This preverus the possibility of hasty and ill- of schools, museums and researcli institutes,
coosidered legislabon, which in vjew of the tre- provision of homes for the aged and the like are
mendous pessun: of business upon almost every now to be undertaken by the stale. AU these tasks,
modem [Link], is not an unusual feature these in tum, fall in thesphereoftheexecutive,as these
days. involve highly technical issues particularly eco-
In almost every modem stale today the pres- nomic questions.
sure of wCJt on the legislature and its inability to The legislalure is over burdened with wort.
look into the technical details of legislation have The initiative in making the laws has to be taken
compelled it to delegate authority 10 the executive by the government Measures, not favoured by
to make rules and regulations and to flU in the government, have little chanceofbeing passed. In
gaps in the statule to supplement and apply them fact, the vast mass oflegislation introduced by the
in concrete situation. This is known as delega&ed government in every session requires the whole
legislation or legislation by the executive. time of the legislature. Hence, as slaled earlie1
also, i1 empowers the government departments to
(3) Judicial powers issue rules and regulations which are binding on
citizens.
Tbedliefexeculive in almost every stare is vesled Another [Link] of tbe growth of the elt('II:Uiiv
with lbe powet to panlon or conunuse or rescind power, as staled earlier also, is the increasing
aDy punishment<~' sentence [Link] on any per-- rigourofparty discipline over the measures of the
a by lhe coort.s of law. The President of India, legislalme. If the govenuneot is to be efficienlly
for illlllace, is empowered to Jl'llll plldon. carried Oil lhrougb the sysaem of political parties.
EXECUTIVE : A GENERAL. PROALE • 33

the pany leaders must be able to depend on the Some people fear that this growing executive
votes of their followers. The lcadersofthemajor- power may ultimately jeopardise the opcmtion of
ity pany or the coalition party form the govern- Lhc system. In almost every democratic country,
menL l11ey generally pass measures which they a number of countervailing institutions and proc-
think proper on the basis of the majority that they esses in the shape of alternative political parties,
command in the [Link]. periodical elections, vigilant press and dependent
The tendency or the increase of power of the judiciary operate to prevent executive leadership
executive is noticeable, not only in parliamentary from turning into executive tyranny.
governments, but also in presidential govern-
ments. The relations among the executive, legis-
lature and judiciary were of a co-ord inatell nature
in the 19th century and would thus balance each
oth, .'hese are not so in Lhc 20th century. As
stated earlier also, during the war, the power of
the executive becomes all the more pronounced.
This is so because the strategy and Lhc plan of
action in dealing with the [Link] arc in the hands
of the executive and the army lcmlcrs.

EXERCISES

1. Give one advantage and one disadvanl:lgc of direct popular election of the chief executive.
2. Discuss judicial and legislative functions of the executive.
3. Discuss any two maj'll' factors which arc responsible for the expansion of executive
authority.
4. Distinguish between the following :
· (a) Sing1e and [Link] Executive
(b) Nominal and Real [Link]
(c) Hereditary and Elected Exccuuve
 •

CHAPTER VI

Executive in India

THERE ARE two levels at which one finds ex-

ecutive in India-the union and the state levels.
This chapter is devoted 10 a study of the executive
. at both these levels.

THE UNION EXECUTIVE

The union executive consists of the President,

Vice-President and a Council of Ministers with
Prime M:Oister at the head 10 aid and advise the
Presider.t.

PRESIDENT

The President is the executive head of the Repub-

lic. All the executive powers of the union, incu- Dr. Rajcndra Prasad (1884-1958 A.D.)
luding the supreme command of the defence A great nationalist leader of the 'Champa ran •
forces, are formally vested in the President. All movement, President of the Consituent As·
sembly, First elected President of Ind 1a.
executive actions are taken in his name. The Famous work.s: 'India Divided', 'Satyagraha
executive power vested in the President is 10 be in Champa ran', 'L:egacy of Gandhiji'
exercised on the advice of the council [Link]
responsible 10 Parliament. The 42nd amendment Qualifications
10 the Constitution has made it obligatOry on the
To be eligible for election as President a person
pan of the President 10 accept the advice of the (I) must be a citizen of India;
Council of Ministers. (2) must have completed the age of 35 years;
EXEClJTJVE IN INDIA 35

(3) must be qualified for election as a member members of the Legislative Assembly of the State
of the Lok Sabha; and + 1000. Thus, the number of votes of members of
(4) must not hold any office of profit under the legislative Assemblies vary from slate to state; (h)
Government of India or under the government of if, after taking the said multiple of one thousand,
any slate or under any local authority subject to the remainder is not less than ri ve hundred, then
the control of any of these governments. the vote of each member is further increased by
one; and (c) each elected member of either House
Election or the president ..- of Parliament has such number of votes as may be
The President of India is elected indireclly by an obtained by dividing the total number of votes
electoral college consisting of el~ted members [Link] to the members of the Legislative As-
of both houses of Parliament and elected mem- semblies of the states by the total number of the
bers of the Legislative Assemblies of states in [Link] members of both Houses of Parliament
accordance with the system of proponional repre- fractions exceeding one half, being counted a~
sentation by means of a single transferable vote. one and other fraction being disregarded. Num-
To ensure uniformity among the state imer seas ber of votes of an M.P. = total number of votes
well as parity between the states as a·whole and cast by all the members of all Slale Legislative
the union, suitable ·weighlage is given to each Assemblies+ total number of elected members of
Parliament.
vote. The voting at such election is by secret
ballot. The votes of electorate are so regulated The election of the President is held on the
that the total voting strength of Parliament is basis of single transferable vote. Every voter has
the right to cast one vole but he can indicate his
equal to the total voting strength of all state
order of preference for the Presidential candi-
assemblies taken together and all states arc uni-
dates. After the votes are polled counting takes
formly represented at the election.
place. Acandidale has to obtain the fixed quota of
votes in order to win the election. All have to get
Procedure of election
at least one vote more than half of the total votes
As far as practicable, there is uniformity in the polled. Suppose the total number of votes polled
scale of representation of the different states at the is 50,000 the quota would be ~ + 1 = 25,001.
election of the President. For the purpose of First of all every candidates' first preference
securing such uniformity among the states and votes arc countcd. lf in this counting no candidate
parity between the states as a whole and the gets the fixed quota of votes, the candidate who
Union, the number of votes which each elected geL~ the least num ber of fi rst preference votes is
member of Parliament and of the Legislative eliminated and second preference votes on his
Assembly of each stale is entitled to cast at such ballot are transferred to the remaining candidates.
election is determined in the following manner: This process of elimination anJ transferring the
(a) every elected member of the Lcgislatvie As- third or fourth preference votes on their respec-
sembly of a state has as many vote;; a:; there arc tive ballot papers continues unlll one ()f the can-
multiples of one thousand in the quotient oh- didates secures the requ1site number of votes.
lained by dividing the population (population 1\s St;.itcd earlier also, the election of the Presi-
according to preceding census) of the state by the dent is held in accordance with the system of
lOial number of the elected members of the As- proportional representation by means of single
sembly; Number of vOleS of MLA=Total popu Ia- transferable voteand the voting at such election 15
lion of The Stale + Total number of elected by secret ballot.
 OROANSOFGOV~RNM£N(
36

allocation of business is made by the President on

Power and functions the advice of the Prime Minister among ministers
The President of India has to perform a number of by assigning one or more departments to the
functions, the more important of which are dis- charge of a minister.
cussed here. The powers to be exercised by ~he
President relate to normal times and cmergen~aes. (ii) Legislative powers
Let us begin with his power during normal ume.
The President of India is an integral part of
Parliament. He summons and prorogues either
(i) Executive powers house of Parliament, calls joint sming~ of the two
The President is the supreme exccuuvc head .or houses, when necessaf) and dassolw the Lok
the state. The executive power is exccised by ham Sabha. He opens the fi rst scssaon of the Parlia-
either directly or through officers subordinate '.o ment after every general clccuon [Link] he ex-
him in accordance with the constitution. There as plains the imporwnt principles of the govem-
a Council of Minister.; headed by the Pnme mem. In each year al~o. the President at a Joim
Minister 10 aid and advise the President. T~e sitting of the houses addresses the Parliament. He
President appoints the Prime Minister who ~s can also send message to ei1hcr house of the
generally the leader of the Lok Sabha a?d ?n has Parliament. Without his consent no bill can be-
advice, he selects other ministers and ~ astnbutcS come an act. When a ball is passed by the two
portfolios amorag them. As stated ~~~r also, he houses of Parliament, it as senL to Llie President for
holds the supreme command of lndaa s defence his assent. He may give his assent or veto the bill
forces and has the power of declaring war and or send the bill back to the Parliament for recon-
peace. All important jippointments arc made by sideration. But if the bill is again passed in the
the President. As already stated, he makes the same form, he is bound to give assent. He also
appointment of the Prime Minister and on his issues ordinances. Certain type of bills like the
advice of other ministerS of the union govern- money bill cannot be introd!JCed in Parliament
ment. He also appoints Governors of states, without the previous sanction or recommenda-
Ambassadors and other diplomatic representa- tion of the President and they cannot be vetoed by
tives, Chief Justice and Judges of the Supreme the PresidenL When a bill is passed by the state
Court and High Courts, Auomey-General, Comp- legislature and sent to the Governor for his assent,
troller and Auditor-General, the Chainnan and he may reserve the bill fortheconsidcrationofthc
members of the Union Public Service Commis- President. The President may or may :101 give hi'>
sion and members of various commissions like assent or return the bill to the state fur rcwnsid·
·the Election Commission, the Finance Commis- cfiiilon. But even if the hill is again passed by the
sion, etc. The administration of Union Territories state legislature in the same iOrm
isrunbyLieutenantGovernorsorChiefCommis- President docs not give has assent, that is the end
and if the

sioners on behalf of the President who appoints ofthc bill. He-can promulgate ordinances at any
them. In fact, the governance of the country is time when the Parliament is not m sess1on but
done in his name. The President has also the such ordinances must be ratified by the Purlia·
power to dismass some of the high dignitarie.s ment wathin six weeks a~ soon a.' till! Parliament
with the approval of the Parliament. The Pres a· reassembles.
dent made the Government of India (Allocation
of Bu.<;iness) Rules in 1961 under the Constitu· (iii) FiMncial powers
tion. The business of the Government of India is
transacted in the ministries, department, secretar- He permits the annual budget and unport.'lnl re-
ial and other offices as specifled in the rules. The pOrts to be laid before the P..1fliamcm and nxom ·
BXI!CUl1VB IN INDIA 37

mends, as stared earlier also, the introduction of of India. Let us now discuss these three sets of
money bills in tbe Parliament He appoints the emergency at length.
Fmance Commission fc:r alJocalion of shale of (i) Nalional emergency : When the President is
proceedS of taxes between the Union and the satisfied~thereisagrave~gertothesecurity
Stares. He can alsO allow-advance from ·the COn- · or
ofIndiA either fiOm external aggression armed
tingency fund of India to meet unforeseen ex- rebellion, be may declare national emergency
penses like flood, drought, war, etc., pending either fc:r the whole countty orany of its pan. The
&P,Proval of ParliamenL President can declare national emergency even
before anything serious actually takes place if he
(iv) Power to grant pardon, etc. is satisfied that there is an imminent national
The President can grant pardon, reprieve, respite danger. Under the emergency, the Parliament
or remission of punishment or may suspend, acquires powers to frame laws regarding the
remit or commute the· sentence of any person subjects mentioned in the State list The Parlia-
convicted of any office (a) where the punishment ment can issue directions to any state regarding
the conduct of executive business. The President
or sentence is by a court martial; (b) where the
punishment or sentence is for an offence against can also modify the distribution of revenue be-
tween the Union and the States. All this amoums
any law relating to a mauer to which the executive
to the suspension of internal autonomy of differ-
power of the Union extends; and .(c) in cases
ent staies. The deClaration of emergency of this
where the sentence is a sentence of death.
·kind fwther empowers the President to suspend
the operation of the Fundamental Rights and their
constitutional guarantees. No citizen can then
have the right to move a court of law for lhe
enforcement of these rights. The proclamation of
emesgency, as stared above, needs to be approved
by Parliament, voting taking place separately in
both the houses within one month from the date of
Emergency powers
proclamation. If the Lok Sabha is dissolved be-
Thus far we have discussed the powers of the fore the expiry of this period of one month, the
President during normal time. We now tum to proclamation must be approved by the Rajya
discuss powers of the President during emer- Sabha wilhin one month and by the Lolc Sabha
gency. within 30"days after the first date of its meeting
The President himself is the sole judge to after re-election. A proclamation so approved·
determine whether an emergency has arisen or remains valid for six months. But it may be
not and whether, according to his satisfaction, a extended again by the same method for 6 months
declaration of emergency is justifiable. The at a time. The constitution does not place any time
emergency provisions are intended to be resorted limit on the period for"' hich the emergency is to
to in periods of grave national peril. As a general continue since it is approved by Parliament. It
rule emergency must not be continued for any continues till it is revoked by a subsequent proc-
period beyond which it is absolutely necessary. lamation.
TheConstitutionoflndiaenvisages three kinds (ii) Emergency due to thefailure of constitutional
of emergencies (i) national emergency; (ii) emer- machinery in the state : If the President is
goocy arising out of tbe failure of constitutional satisfied either on the recommendation of the
machinery in the stales; and (iii) emergency re- Governor or otherwise that the Government of a
sulting from a lhreat to financial slability or credit particularstatecannotbecaniedoninaccordance
38 ORGANS OF GOVERNMENT

with the constitution, he may declare emergency his tenn by impeachment Charges for this pur-
in the state. Under such an emergency the Presi- pose may be preferred !>Y either house of the
dent may assume to himself any or allfunctions of Parliament in the form of a resolution by a two·
the government of the state concerned and all <X' [ thirds majority. But prior to~ at least a fourteen
any of the powers of the ~vemor oh swe: He days' notice signed by not leSs than l/4th of the
may also declare that the powers of the stale total number of members of that house is to be
legislature sh3U be exercised by the ParliameiJL given. The other house ivestigaleS the charges. If
Again, subject to the approval of the Parliament, it is finally established by two-thirds majority of
the President may sanctioo expenditure of the the total membership of the other house as well,
[Link] the President is forthwith removed from his of-
may also suspend the provision of ttle oonstition fice. The Presjdent has the right to appear or to be
relating to any authority in [Link] represented before the investigating house for
cannot assume any of the powers of the High self-defence.
Court. He may dissolve the Stale legislature and He has the option to resign voluntarjly before
dismiss the Council of Ministers in the Stale. the expiry of his fullterm. In case of his resigna-
( iii) Financial erMrgency :ThePresident may lion, the President is supposed to write in his own
declare financial emergency if he is satisfied that hand a letter addressed to the Vice-Ptesident of
thereisdueattofmancialstabilityorcreditofthe India, indicating his destrc to resign from his
country as a whole ora part thereof. In such a case, office. The Vice-Presidem shall have to commu-
he may give such directions to any state as be may nica•.e forthwith such a decision of the President
deem fit and ask it to observe certain cannons of to the Speaker of the Lok Sabha. In case of a
fmancial propriety. He may order reduction in the vacancy caused by his death, resignation or re-
salaries and allowances of all or any class of moval, the Vice-Presidem is to officiate as Presi·
persons serving under the Union <X' State govern- dent till the post is filled by new election of the
ments, including the judges of the Supreme and President. This must take place before the expiry
High Courts. He may require staleS to submit of a period'8f six months [Link] theoccurence of the
before him all money bills forllisasseotafter they vacancy. The new holder of office is chosen for a
are passed by the state legislacure. fullterm of five years.

Term of otr~c:e and emolumeats Posilion of the President

The President holds offiCe for a per¥ld of five ThePresidentismoreorlessthetitularheadofthe
years. He is eligible for re-election. He draws a government at the Centre. The real power is
salary of Rs.I5,000 per month, besides various vested in the hands of the Council or Ministers.
other allowances. He is also entitled to a rent free The government is run in the name of the Prcsi-
oflicial residence. His emoluments are a charge dent, though he cannot do so except in accordance
on the Consolidaled Fund of India and are, there- with the advice of the Council of Ministers as laid
fore, not votable by the ParliamenL His salary and down in the 42nd amendment to the Constitution.
allowances cannot be reduced during his term of
office. He may himself decide to draw less than
his fixed salary. VICE-PRESIDENT

Procedure for the removal of Presidem

The Vicc-President is the ex-officio Chairman of
The President may be removed from office for the Upper House of Parliament or Rajya Sabha.
violation of the constitution before the expiry of He is elected indirectlv by the members of an
 EXECl1J1VE IN INDIA
39

electoral college consisting of the members·of Term of onke and emoluments

both houses of Parliament He should not be a
member of either house of Parliament or of any As stated earlier also, the term of office of the
state legislature. Ifsuchamemberiselected Vice- Vice-President is fi~ years. During this period. a
President, he has to resign from his membership. Vice-President may resign voluntarily or he may
The constitution also lays down that such a person be removed from office by a resolution passed by
should not be a convict ofa court of law; he must an absolute majority of the Rajya Sabha and
not be an insolvent; and must not be of WtSOund agreed to- by a single majority of the Lok Sabha.
mind. He must not hold office of profi~ under the But no resolutiOiiWfu be moved for this purpose
union or any local authority subject to the control without a notice of 14 days. The election of the
of any of these [Link] Vice-President Vice-President must be held as soon as possible
may hold office for five years. Any citizen of after ihe vacancy has arisen. fle shall hold office
India aged 35 years and above and qualified for for a full term of five years.
the membership of Rajya Sabha can be elec~. to The Constitution does not fix any emoluments
the office by both houses of Parliament at a J~mt for the Vice-President of India. He is entitled to a
sitting on the basis of proportional representabon salary as the Chairman of the Rajya Sabha of
by single transferable vote and by secret ballot. Rs.7500 per month in the C8Pilcity of his being the
He must not hold office of profit under the Union Chairman of the Rajya Sabha. When he acts as
government or a slate or any local authority President, he is entitled to get the emoluments
equivalent to that of the President
subject .to the control of any of these govern-
ments. The Vice-President may be removed from
his office by a resolution of the Rajya Sa~ PRIME MINIS'IER
passed by a majority of aU the membeJ:S of the
Rajya Sabha and agreed to by the House of the The Prime Minister of India is appointed by the
People (Lok Sabha). President. But it is expected of the President 10
The Vice-President performs a number of
functions, the more imporUint o( which are being
mentioned here.
{I) He is the ex-officio Chairman ofthe~jya
Sabha. In case he acts as President of India and
discharges the functions of the Presidency•.he
shall not preside over the session of the Rajya
Sabha.
(2) He officiateS as President inc~ of death,
resignation or removal of the latter till the new
President is elected. This ~riod can be extended
for a maximum period of six months. .
(3) When the President is unable to discharge
his functions owing to absence, illnes~ or any
other cause, the Vice-President shall discharge
Pt. J awaharlal Netaru ~1889-1964 A.D.)
his functions. During such a period, he shall be A great leader of India's National movement,
entitled to all the powers and immunities of the builder of modem India. First Prime Minis~er
President. He shall be entitled to such emolumets, and continued as India's Prime Minister for
allowance$ and privileges as may be fixed by the 17 yean (1946-1964). Funcus worts: 'Dts-
covel}' of India'. 'Glimpses of World His·
Parliament by law tol}'', 'leuers from a Fatheno a Daughter'.
40 ORGANS OF GOVI!RNMEfln'

appoint only that person as Prime Minister who is mines and assigns business to various ministers.
teaderofthemajorityparty in theLokSabha This He presides over cabinet meetings. The. policies
is necessary because the constitution holds the of the government are formulated and decisions
Prime Minister and his team of ministers respon- in this regard are made in cabinet meetings. As
sible to the Lok Sabha. But the constitution doos Chairman of the Council of Ministers, the Prime
not debar the President from appointing a person Minister wields great control and enjoys a pre-
as Prime Minister who belongs to the Rajya eminent position in influencing cabinet decisions.
Sabha or who is not a member of the legislature if He is also the link between President and the
that person has been chosen a5 leader of the Cabinet. It is the Prime Minister who keeps the
majority party. The Presidentcan also appoint the Presiden9nformed of the decisions of the Coun-
Prime Minister from outside the Parliament for a cil of.·Ministers:
period of six months. Such a person must get Itisoneofthe importantfunctionsofthePrime
himself elected to the Parliament within this pe- Minister to coordinate the policies of the various
riod. departments and ministers. He shapes the domes-
tic and foreign policies of the country. He there-
Term or omce and emoluments fore, guides the various ministers. He exercises
general supervision over all the departments. He
The Prime Minister holds office during the pleas-
can ask any minister to resign.
[Link]
Inside Parliament, the Prime Minister is the
dismiss the Prime Minister at will because the
leader of the Lok Sabha and the chief spokesman
former is bound by convention to recognise the
of the government. He is responsible for piloting
person commanding leadershjp of the majority
all important legislations, affecting policy mat-
party in the Lok Sabha as the Prime Minister. The
ters. The speaker in consultation with tl).e Prime
Prime Minister holds office till the new Lok
Minister fixes the agenda of the Lok Sabha. The
Sabha is elected. Even where the Lok Sabha is
dissolved by the President, he can ask the Prime Prime Minister can also advise the President to
dissolve the Lok Sabha.
Minister to hold office till the new Lok Sabha is
The Prime Minister of India is also the Chair-
elected. HedrawssalaryofRs:lO,OOOper month.
man of the Planning Commission.
Functions
The constitution assigns a unique [Link] to the CABINET SECRETARIAT
Prime Minister but does not spell out specifically
what are his powers and fun~tions. From [Link] The <;~inet Secretariat has 811 important coordi-
provisions of the constiwtion we may deduce nating role in the process of decision making at
some trends in this regard. the [Link] operates under the direction of
ThePrimeMinisteradvisesthePresidentabout the Prime Minister. Its functions include subm is-
the choice of the ministels and distribution port- sion ofcases to the cabinetand its committees and
folios among them. Since the advice of the Prime preparation of the records of decisions taken and
Minister in the appointment of the other ministers of follow-up action on their implementation. It
is invariablY. accepted, the choice really is that of also serves the committee of secretaries which
the Prime Minister. meet peziodically under the Cbainnanship of the
Although all executive authority of the Union CabinetSecretarytoconsiderandadviseonprob-
iB vested in the Presidenl, it iB invariably exez- lems requiring inter-ministerial consultation and
ciaed by lbe Prime Minisler .and his .Council of coordination. It formulates the Rules of Business
4
Ministels. It is lhe Prime Minister who detet- and [Link] the business of the government to
EXECUI1VE IN INDIA 41

the ministries and departments under the direc- the budget, thereby determining the sources of
tion of .the Prime Minister and with the approval revenue and avenues of expenditure. It also
of the President. frames the foreign policy of the government. As
stated earlier also, the Cabinet is meant to aid and
advise the President. It is obugatory on the part of
COUNCIL OF MINISTERS the President to accept the advice. As akeady
seen, every decision of the Cabinet is made in the
The constitution provides for a Council of name of the President.
Ministers to aid and advise the President. It The ministers auend the meetings of Parlia-
comprises of ministers who are members of the ment, move and pilot bills, participate in debates.
cabinet and ministers of state. The actual execu- answer question and explain their policies. Ac-
tive authority is discharged by the Council of cording to Aniclc 75 of the constituuon, the
Ministers under the leadership of the Prime CouncilofMinisters iscollectively~-ponsiblcto
Minister; all of them are collectively responsible theLok Sabha. The Council of Ministers remains
to the Lok Sabha. They exercise the executive in power only so long as it enjoys the confidence
powers which are vested in the President. They of the house in terms of the support of a majority
llre therealpolicymakingbody. Everymemberof of its members. It works as a team and its
the Council of Ministers must either be a member members sink or swim together. If the Lok Sabha
ofLok Sabha or Rajya Sabha or he must get passes a no-confidence motion, the whole Coun-
elected to a seat in either house within six minths cit of Ministers has to go. Collccuve responsibil-
of his·appointment as a minister. If he fails to do · · ity is an important clement of the parliamentary
so, he has to resign from the Council of Ministers. system of government. Without collective re-
Therearethrecdifferentcategoriesofministersin sponsibility of the ministers to parliament, the
the Council of Ministers : (1) Cabinet Ministers parliamentary system in the country c:!!Ulotfunc-
(2) Ministers of State-not members of Cabinet, tion effectively and efficiently. Whatever dcci-
and (3) Deputy Ministers. There are also Parlia- sions are taken by the cabinet collectively, they
mentary secretaries who are not ministers. They are to be supponed by all ministers. If any
assist the ministers to whom they are attached in minister is in disagreement with the decision of
their parliamentary work. They have no inde- the cabinet, he has to resign.
pendent powers or functions. This takes us to another kind of responsibility
The Cabinet occupies a pivotal position in the which every individual minister has. All mints-
Council of 1\.finisters. The Cabinet is only an ters are individually responsibly for what hap-
informal body and does not include all ministers. pens in their respective minisrics or depanments.
It is a part of the Council of Ministers. But the The ministerial rcspons1blity 1s enforced through
constitution does not speak of the Cabinet. A the Prime Mimstcr. 1L is und~r h•s lcad~rsh1p and
Cab met Mmister is often assisted by a Minister of general guidance that the ministers function. One
State. Generally each department has an officer could rcc:lll here a wcllkno\\ n ca..o;c of Shri La!
designated as Secretary to the Government of Bahadur Shastri who owned moral responsibility
India to advise a minister on policy matters and forarailaccidentandresignedas the Minister for
generaladrninislration. Thecabinethaseoonnous Railways.
administndive, legislative and fmancial matters. The Council of Ministers works under the
It frames the general executive policy of the leadership cf the Prime Minister. As seen earlier
Union govemmeoL Each of its members is in • also, the Prime Minis1er enjo) s vast powers. He
charge of one cr more departments. It also pre- selects members of the Council and distributes
pares legislatioo for the ParliamenL It prepares portfolios among them. He presides over the
42 · ORGANS OF GOVERNMENT

meetings of the cabineL He can change me· and holds office during his pleasure. He usually
[Link] of the Council by demanding resignation holds office for a term of five years unless he
of any one and appointing any other minister in resigns earlier. His period can be extended until
his place. If he resigns, the Council is deemed to hiS successor enters upon his office. He can aiS6
have been dissolved. In the case of difference of be removed earlier by the President, if he so
opinion between any member of the Council and desires. The Governor is assisted by aj::ouncil of
Prime Minister, it is the former who must resign Ministers with a Chief Minister at the head of the
from the Council or yield. The supremacy of the Council to aid and advise the Governor'. The
Prime Minister provides necessary guarantee for Chief Minister is appointed by the Governor and
the collecive responsibility·of the Council. He is other ministers arc also appointed by him on the
the chief spokesman of the government in Parlia- advice of the Chief Minister. Ministers hold
menL As stated earlier also, the Prime Minister is office during the pleasure of the Governor. The
the main link between the Council and the Presi- Council of Ministers is collectively responsible to
dent. He keeps the President posted with informa- the Legislative Assembly of the state.
tion about govemmenial affairs. The Governor is a constitutional head of the
But the Prime Minister is only a leader and not state. The real and effective authority with re-
a boss. Normally the members are drawn from spect to administration of the state is exercised by
the same political party and all of them are impro- the minsters.
tant party leaders. The Prime Minister cannot For being appointed a Governor, a person
maintain his position without their cooperation must be a citizen of India, must have completed
and goodwill. 3.5 years of age, must not hold any other office of
The Council of Ministers holds office during profit and must not be a member of either house
the pleasure of the President. of Parliament or any of state legislature. In case
heisamemberoflcgislativebody in India, he will
have to resign before taking over the charge of his
EXECUTIVE AT THE STATE LEVEL office.
The Governo~ draws a monthly salary of
The pattern ofexecutive at the State level follows Rs.l i ,OOOpermonth plusotherallowancesbcfit-
that of the Union. Here, of course, the role of the ting his position and status. He is provided with
President is performed by the Governor. The free residential accommodation with all other fa-
office of the Chief Minister is a prototype of the cilities.
office of the Prime Minister. There is also a TheConsititution lays down that the executive
Council of Minister headed by the Chief Minister powers of a state shall be vested in the Governor
whose jurisdiction of activities is confined to the and all executive action shall be taken in his name.
subjects given in the state and the concurrent lists. As stated earlier also, the Governor appoints
the Council of Ministers with the Chief Minister
as its head. They hold office at has pleasure. He
THE OFFICE OF THE GOVERNOR also appoints important officials of the state like
the Advocate General, the Chairman and mem-
As stated earlier also, the system of government bers of the State Public Service Commassion and
in the state closely resembles that of the Union. so on. The judicial appointments below those of
The state executive consists of the Governor and judges of High Courts, etc., are also made by him.
a Council of Ministers with a Chief Minister as its He is consulted by the President while making
head. The Governor is appointed by the President appointments of High Coon Judges.
 43
... .
The'C~f ~r m~ communicate to the [Link] ~·ad~ oi~ liliiUsters. But he
Govemtir ali deCisiOnS of the Council of Minis- must aiil~·~ ~~of the Presi-
ters rela~g·ld. admiJti$1ilition and legislation. denL · · · ·· · · ·· ·
1)w Gove{ilor ~mqnS., adjourns and pro- Th~. thQtigla ~Go'V~ is a constilUtional
rogues- 11\e StatelegisJatilrJi. ~ can dissolve the head o( t(le Slate:<!~ :flOrDlal times, be acts as
legl$~tive ~ w~ iS the lower house of the agent of d'te. [Link]: d~ ~ of emer-
the st8e legi~un>. AU bUis·passed by the legis- gency ilr tf~~· : · · ·:. : · : ..
~~ m~t be. ref~ IP him for fmal approval.
He hiay ~c bills for \he considention of the Posi~ 9i't;,be GoveroOl'·
President: At [Link] eommencement or the fust ses-
As in the~ Ortite·Preside~t Of India. so in that
sionot'mestidele~[Link] year,lheGover-
nordelivei'S'IUJ~.a;[Link] the powers ofa State·Gov~.ihtre is.a gap between theory
of~gadng oidJ~:cSuring the recess or andprac~~ ~Y.;[Link]
or all execulive,aclion· ~rid is armed with an
lbo siale legiSiatute. Builfle ordinances cease 10
beeff~dve$ix w~~rtbere-assemblyofthe
impoSiftg 3rJ.:ay O(powcrs: BUt in practice, he is a
conslillltioiw~r and ~. nonnally, tq act on
[Link]~ QPieSs8JlPIQ\'tl4~ier. ~eGovernor
nominates .one sixth t>fthe•cocal strength of the the [Link] his. mil;tis&,erS. But. under normal
circunu~.the ~Oo$utUtion gives few discre-
Les~vc Council CJQIII ~ngst distinguished
IJCQPie .io the W)1efe of ~i~. arts, literature, tiollllcy p<)~ES . .. C4? the oo~emor as well.
. .. .. .
cooperative ~OYeineru aod'~ial services.
Nomoney bili ()II flnail!:»tl [Link] or amend- ··ootJNCIL OF:MINISTERS
meotQr~al·rn~C.81\beinb'Oducedin the
legislative wembly w~lit die recommenda- ~.is ah.i> CouncQ of ~sters headed by the
tions of the GovemOJ. ne (Jpvernor sees that Clii(;f [Link] [Link] state level. It is expecled to
budget !s iBid. before -die 8We legislature every wo'l¥ ~ [Link] of the Union GovemmenL
year. But the Governor [Link] his assent to a 1,'he Go'#I\Qr appoints the Chief Minister. In
money biU• . He haS ~ ,I(CI9, J!OWer in case of ni;lkibs lU,. choice, the 9ovemor has to keep in
money bills. . . . . view ibe capacity of the person chosen by him to
The GovetnOt hu tbe·[Link] 10 pardon, com- comJiaand a sfat!le m*"ty in the Legislative
muteorsuSpendsent~~Y1JetsOnconvicled -n\My of the stale. The other ministerS are to
of any offence relat'ingw abe ~utive power of beapPOinted by the GovernOr on lhe advice of the
the stale. But Ire canmt '&@Ill ~don in case or [Link]~. A person who is not a member of
·death sentence. · · . : · [Link] Jesislauare may be appointed a minister,
Certain discretionaty'ptJ\yers are given to the bpl he ee&st8 to bold office after six months
Governor in 1be case of Slkkiih. Nagaland, tribal .UD~ within lbat perivd he has been elected to
areas or Assam, Meghalay•·Mtt Tripura 10 safe- tilt m&t.e legislllblre. Portfolios are distributed
guard lhc tribal way of lifo of the people in the 61Mng ·the ministers by lhe Governor on the
..-ea. All governors, wh~1e discharging such . advice of the Olief Minister.
constitutional functions as appointment of Chief . llreChief Minister is the real head of govern-
Minister of a Slale when np .,.ny commands mentor [Link] State. It is he who selects lhe ministers
majority in lhe state (egi$taltUe-, reservation or ·[Link] ponfolios to them. It is on his
scare bills or sending a reppn .to the President ~mmeodation that the ministers are appointed
about the failure of lhe tPI\StitfiJioanl machinery by the Gov~. H he is not satisfied with any
in a stare. have to exercise lhc;ir own judgement. millisler ~ can ask him 10 resign or get him
During emerjenq, Uae..Gov4lf'DOI' can act ~ clisniisse4 by the Governor.
44

1be Cbief Miailler pesidel vver the cabiDet 1be conslillldon defines die posidcD of lhe
meed• He pidelaCOOidiallea. . wodt fX Couacil ofMiDislen iD ldllioo 10 lhe Slalelegjs-
ministers. Tbc Chief Minilla' is 1be IOic cbalmcl labn by providina tbaa die CcuDci1 of MiDisral
ofconurumicaliOD between the ministen and the is c:ollectively ~ble to lhe Legislative
Oovemor. Being• ~oftbc~ty~ . [Link]-trninistas
he is aJso the leader of die IDIQority PartY anci of can remam in office Onty iftbCyenjoy ihe support
the Stale Legislab¥e Assembly. He is the c:bief of a majority of the members of the Slate legisla-
spMesman of tbe policies of his pa..aaeut. ture. They bavearigbt IOaacad its meed!t8 and 10
both iDside and outside 1be Slate lcgislaliiie.' penicipelc in its procccdinp. lbey also move
Tbc Council of Ministers c:anstiture the real and pilot government measures.
executive in the Slate. Although the administta· The Stare Legislature can supervise and con-
doD is canied on in the name of the Governor, trol the work of the minisrers in a variety of ways.
actual decisions are normaUy made by the minis- Members of the legislaluae can put questions,
laS. Under ordinary circumstances, theGovem<X' followed by supplementary queslions, in order 10
is 10 follow their [Link] the d\ltY of lhe Chief elicitinfarmation.'lbcycanventilarepublic&ricv-
Millisc ofa 1111e 1.0 c:ommunicalo 1.0 the Gover- anccs against the administtation duriag budget
nor all decisions of lhe Council· of Ministers debares. They can move adjournment motions on
relating 10 lhe adminisuation of the affairs of lhe matrers of urgent public importance in order to
Slate .ad proposals far legislation and 10 furnish bring to light and criticise the emn of omission
IDCh infonnacion c:ooc:eming the above as the and commission made by the aninisters or their
Oovcmor may call for. If a maaer has been depanmeots. Finally, on ICCOUill of the principle
decided by an individual Minisltr, the Goverilor of collcctive responsibility, the Legislative AB·
may requile it to bo JUbmiued 10 lhe Council of sembly can temove Council of Minisiers by re-
MiDisla's as a whole. 1be c:onstitulion says dial fusing to pass a government bill supponed by the
lheadaistersantoboldofficeclurinstbepleasure ministry. by mluciDJ budgclary dMwnds or by
of die Govemor. 1bas. iD lbcory, lhe Governor passing a diJect vote of no-c:onfideoce apinst it.
maydismissamiadaterifbe so likea. However, in In short, tbe legislatuae cao make or IIIUil8kc
view oflbe c:ollectiverespciui'bWty of the COun- minislries; MinisterS are alSo able 10 inOuence
cil of Minisaen 10 the Legislative Assembly in a and control thelegislature.'lbcy are leadersofthe
Stale. be is not likely 10 use lhia power in [Link] majority party. Wilb lboi;JictiDgoflbis~
JIIICiice. theycan, oormally. . . . .Jegislaaiye......
carried. If party diiCipUDe is Slrict IDCl the party
majority in the legislaluae is ablolllle IDd clear,
the ministry has litde to fear. It may even use the
l11gisla&ureas am= reJisttnng body. It is only if
the govemment's majority is precarious or uiJre..
liable or there is a ICrious split in tbe party J8Db
that the Jqislatore c:m dislodge the Council of
Ministers.
EXI!CU'I1VI! IN INDIA
4S

PRACTICAL ACTIVITY

Selection ofClass Monitor

(Simulation of President's election through single transferable vote system on the basis of
proponional repre.<;cntation)
The teacher can divide the students according to the following model :
I . Number of students in the class : 45
2. DivisiOn :
(i) Students from roll nos. I to 25 will ~cprcscnt the states.
(ii) Students from roll nos. 26 to 35 will rC'PIC1-l'nt the parliament.
(iii) Students from roll nos. 36 to 40 will be the candidates.
(iv) The rest of the students will assist in arranging the election.
3. Weightageof candidates vote : Every candidate will give one vote and the vote will be valued
as follows:
(i) Representatives from the State.~ : The value of the vote of each student from roll nos.
1 to 25 will be equal to his roll number, e.g. the value ot thc \ole of the student at roll
no. 14 will be 14,thatofthestudcnt atroll nos. 20 and 25 will be ~O and 25 rcspecti,cJy.
The val:~e of the total votes of the States or the total of voters from ·numbers
I to 25 will be the total of figures
I to 25 This will come to 325.
(ii) Representatives of Parliament : The value of the votes of students from 26 to 35 will be
equaltothatofthe states viz. 325,asabove. Thus the· •lueofthe vote of each M.P. will
be ;me32.S
4. Minimu~ figure for being declared elected : ~;325 •1...,+1•3ll6
S. Format of Ballot paper
Candidare Preference of voter
A 3
B I
c s
D 2
B 4

6. After the election, CCJUIIlin& of vates should be done on the basis of the preferences and then
lbe result lbould be dccllred. 1be reacber will have tbc c:ooperaaion of the class and he/she
wiD Jive die pida:o.

EXERCISES

1. How is the Pillident of India elected?

46 ORGANS OF OOYERNMI!Hl'

2• .. l>i$ciis8 abC' executive and judicial p_owers of the PresidenL

3. . ExPlain cmergcncy powers of the PresidenL
4. ~the-position of the Prime Minister.
S. . Di$tinguish between the cabinet and the Council of Ministers.
6. ··Descrijle ~Powers and position of the Governor.
7. : WriteshortltOteSonthefoHowing:
·. ·· (a) . .- JmptacbmentofPresident
· · .(b) · : COllec~v.e rcsponsib,ility
. ·- (c) · Individual responsibility
. (~f:. Vice-President
 CHAPTER VII

Judiciary : A General Profile

The security and welfare or lhe average citizen the respective powers of the several bralicbes of
depend on ·the prompt, certain and impartial government, their relation to one another and lO
adminislraaion ofjUSiice. lt is the judiciary wiUch individual citizens. In short, the nature o(judicial
is the shieldof innocence and the impartial guard- function demands that thejudgesoughttopossess
ian of every private civil right. Since administra- great legal acumen, faithfulness co the conslitu-
tion of j llllice is tbe exclusive funcJion of the tion,fumoessofcbaractcrand,aboveall,honesty
modem 5111e. the judiciary occupies a signific:ant and independence.
place among the organ~ of government. In fact, In monartbical swes the indepe~ ot tile
the freedom of lbe individual becomes meanina- judiciary is essential co proteCt the people from
less unless the anecJadslns of jullice arc so the arbilary interference and oppression of the
constiblled. 10 eDSift iatplrlid ldminisUalion ruler- also .co prevent the [Link] boihg
of justice. reduced co a position of subserviency to 1he ex-
The chief functions of tbe judiciary arc to ecutive. In republics, the independence of the
ascertain aad decide upoa rigbls to punish crimes judiciary is also necessary for protecting the
and protect the innocent from injury and usurpa- constibltion and laws against cncrochmcnts in a
[Link] all counlriea thejudiciary applies existing partisan spirit and in tcnns of tyranny of action.
law in indMdall cua. B• ia COUIIIries wheae When grave political issues excite partisan feel-
laws have been codified. • in Bnaland and 1he
United S~~~a,lbo jucfpl DOt only inreqnt laws
mas. the courage and uprightness of the judges
become supremely valuable to the nation.
hatlllo..adlem. 'Miele llleleaerofdle law is
silea&, thejudJIIac:llled upoa IOIIIKb to it the StriiChlre
GIOiniDg wbk:b .., be COIIIiderecl reasonable In the judicial system or every country ~ are
and CG!IillePI widl die ..... prilltiples of geaeraUy two sets or coons, namely cavil and
• ...Uty _. public policy. Tile deciaions Jiven criminal. The civil coun..; have a supreme et'IUrtat
1JJ daa becoall )IIIOIIIela far fulwe cues of
[Link]...._ m inlllpNCIIion caD
the bead and so also the cruninal couns. B~k:lw
the hiahat couns. there arc lower c:ouns wilb
larlltPieidlbililybec:MD.:Iaclecisionpvcn definite jurisdiction both pecunaary and ICmk>-
becoiMI a JI'ICilflllt ............. for the futwe rial.
 ORGANS 01' OQVERNMENT
48

Functions Judicial review

The primary function oflbejudiciary is robear The doctrine of judicial review is a unique inno-
and decide disputes. In aa:ardanc:e with the rec- valion of American constitutional genius. lL&
ognised procedure. namely, production of evi-[ fers 10 judicial competence 10 review executive
dence. examination of witnesses, ele., the courts ...m(Qrcement ofJgaslauvc enacbDents. AlthOugh
determine the facts of a case. Once the facts arc judicial review is linked up with a federal system,
ascertained. the courts are simply 10 apply the Jlere is hardly any necessary connection between
appropriate law and give a decision. the two.
Very often the judges find it difficult 10 select l . A constitution may embody the institution of
the appropriate law for application roa particular judicial review either explicitly or implicitly. In
case. Owing 10 ambiguit).of language, the mean- the United States, the principle of judicial review
ingoflawmaynotbeveryclear. Tbejudgesare is inherent in judicial power. In consequence,
then called upon 10 decide whal was the original there has developed in the United States the
inlaltion of lhe legislature. More importantly, a doctrineofjudicialsupremacy. Thesupemacyof
new situation may arise which is not covered by the constitution of India is implied, as all the
existing laws. In sucb an event it is the duty of the
governments operate under the aUibority of the
judges ro caD for a judicial legislation. Sucb constitution. Obviously, therefore, if any inslitu-
judiciallegislation is c:haracleristic of common liontransgreaeStbelimilsaetbytbec:onsliaution,
law in stares like Oreal Britain. the courts would bavc the powa- to examine such
The judicuuy in somecountries also takes part acts. Any action either by thelegislalure or by the
executive in contravention of lhe provisions of
in the administration of law as it is called upon to
give an authori&ative inrerpretatioa of the law the chapcer on Pwldamental Rights can be de·
even in theabeenceof any aaual dispute. Thus, in clared void. The scope of the judicial review In
Canada and India. lhe Supreme Court may give India is, however, limited. 1be Supreme Court of
advisoryopinionlonc:onliludonalquesaionswhich India, while interp!elins a law, will DOl ilself
would enable lhe executive 10 sea_dc conscitu- ...!9J![Link]•IIOMbAelead
lionanl iauesbeforeadministrativeenforcemcnt any law except where the COIISiiiUUOD has u-
of a Jegislalioa llartS. presslyaudloriledlbecourttoexerdselbepower.
Normally, the courts are ICt in Jnotion only Normally, it works according 10 procedure
whensomeonecomaforwardcomplainingthata esteblished by law.
wrong has been done. The courts are usually No doclrine of judicial review bal beell sub-
found 10 perform certain olher miscellaneous jocled 10 serious aiticism. It tends 10 elevare the
fanclions which are, sericlly speating, non-judi- [Link]&dy
cia1 in cblrac~er. Thus, for insrance, lhe coons enoup,lho Supreme Court of lhe Unlled s - .
8QIIIetime8 pant lk:ences of ctet:e.c1 persons ICinledmel, dlnJu&h a simple ~ of five 10
and 8ppOiDt receavet~. four, sell lllde a - pa..a by • over-
Ia a redenltion. lhe judiCIM)' il called upon 10 whelmilt8 ~oflira elecledNf 1111 "'llves
playa Yi181role. Alafedenllioll involves division of lbe people. PalM, die exen:iaaf--ln&
of powers betweea a ceahl .,...._.. llld ~by ...
_..of ~~ate peramen~~.IICh ofwbicll il J!!!!l!.ll ~ ~
S COUit ... Giiill...-.

.....-wilhiD ill own ..,.._,lbecourtl,iniUCh Unllld sa..

I . . . . . . DIO •lhlllhe JOVeiiiiDCIICI wodt DfiiPireli bliailhal,lhe inlliladon of judi-
widliftlheirc:onllilulioMIIDIIi•lndftlptalhem. eill tevtew lllllllo ill udlity. Undei' a wrluat
 49

constitution from wbidllhe organs .of govern- ORGANISATION OF JUDICIARY

ment derive lhcir powers, lbele must be a final
arbiter to see tbal each of the orpns keeps to its Theindepeodenceofthejudiciaryinademocracy
constitutionally deman:aled area. Judicial review depends upon a number of factors. The degree of
affords procection against legislative excesses independence enjoyed by the judiciary is largely
[Link] dependent on the mode of its organisation. In the
reason for judicial review in a federal sysrcm. modem staleS the judiciary may be organised in
There is a need for an authority to keep both the lhree different.,ays: (1) it may be elected by the
nalionalandstategovmuncntswidlintheirproper legislature; (2) it may be elected by the people; or
constitutionalsphcres,torcsolvcconflictbetween (3) it may be appointed by the executive.
them and settle dispuces. The system of popular electioo exists in many
oftheswesintbeUSA. Theobviousdefectoflhe ~
Independence of judiciary system is that the masses hardly possess the ,s,
requisile capacity to iCStiiiecm<WC:~
The independence of the judiciary depends upon pei'SO!l which may make him an eff~ient jg
three factors : (1) the incentives to meritorious
'Dell to join it; (2) the method of selecting them;
TfieYoften elect incapable judges who thus ap-,......
pointed sect to win public approval and IS sue
and (3) guarantees for abe independence of the make themselves poor judges indeed by playi ""'
judges wheo appointed. The inducements are to the wishes of the populace. Election by the ~
good salary, permanence in office and social legislature is a shade beuer,lhougb open to simi-
status. The rcnure of judges in the majority of lar defects. In tbe elettioo by legislature the party
modem stares is permanenL They bold office'in politics come into play. It thus discourages &be
"good behaviour" till not found guilty under any qualities of fairness and reasQillbleoss. ln such a
laws of the countty. situation, judiciary may fWICtion UDder lhe coo·
As democracy necessarily implies popular trol oftbe legislature. The system of appointment
caotrol of the institutions of govcmmenL Thus by executive bas been found by pmctlce 10 be
complclciDdependeoc:eof~judiciarymaysecm
most satisfactory, if combined with proVISions
to beapparenlly im~and uodesirable. The for ~ of tbo juiliciary after appoint·
vayna~~~reofjudicialfunclioolenlails independ- ment in terms of security ol offJCC. etc. This
ence of the judicilry. Tho .ainisU'IIion of jus- sysrcm bas becll adopted in most of the slates.
tice is its vilaliiSk. JIISiico wbicb is the soul of the
[Link]. TtiiiU't
Hence the judiciary sbould remain IS far II )JOS•
sible CUSide polilies. Ia inlelpreling laws . and Regarding lhe tenure of the judges. opinions and
lldministaiag [Link] judges must be unpar· pniCiices widely differ. In most of the American
till and boaesL lnlepit)', probity,and wisdcm are stales, the judges bold office for limited terms.
aome cf lbe bi&b qUIIides wldch ~ cbarac· The federal judges in lhe United StaleS, however
lailliae lhe judicill mind. Tbe villi need is 10 hold office durio& good behaviour. Although th~
~-judicilly JX'OPCd1. Tbe appointment Indian conalitution OOc5 not provide for life ten-
IIIII 11DU1e of dlo judp. their ldllions to other ure. the [Link]& provisioo .xovides for a long
IIIIICielofaovenune- lbeleiUidOlbersimilar tenure. For the Supreme Courtjudges hold offic
COIIidelldana are inlpoi1IM iD maincaiaiDa lhe • unlillhey c:omplele dle age of sixty five and fo~
i............ llld iDiepily oldie judidll)'. lhe Hiab tomt jucJaes lhis limit bas been set at
so
sixty-two.A~il~~--allyallows efflcient men wiD not be attiacrccJ to lbe bench
die juclles 10 [Link] ICCJIIIiialed with jodicial a
unless lhey are assured Of handsomt saWy.
precec:lalls . . Furlher, an ill-paid judge IDaY. will be suscepcible
'111e sei:8rily ·ot iedare II esseoaiat ·for lhe 10 corrUpt practices. Thus tbC ~ canSlitulion
independmccofthojDdiciliy,Thejucf~should. has faxed lhe Sllluy of the OUef ~ustice of lhe
lhelefcn, ~be rilmoYed on Oiau.Y grouuds. If Suprane Court at Rs. 10.000 Jlef montb and tbat
lhey fall vicli!QS 10 lhe whim$111Cl fancies of abc of the judges at Rs. 9.000 per moolh. Also, tbe
executive, they can baidly save the ends of salaries, allowances and other rights and privi-
justk:e [Link] ~ to leaUI on thls execu- leges ofa judgecannot be altered 10 his disadvan-
tive for seeurit)'. Thus a~ behlviour tenure tage. However the salaries of the judges in India
meansin0real8ritainthat1iaojudpshallbotbe may be reduced by Parliament during a financial
removed-by dieCrownoxc:ept IJpOII an address of emergency proclaimed by the ~denL

:=a:~~=~:~~~;
impear....._ In Jndia· a jadp cA lhc Supreme SAFEGUARDS AGAINST EXECUTIVE
Courtora HigJI CoUrtcan bemnoved Oily on the ENCROACH~ .
poaad ofprowilm~ or incapacity.
In order" 10 eMure. independellce of judiciary The administration of justice which is the vital
lAd elinlinla lbCPQS8ible niisuse ofautbority, it Wit or the judiciary is largely dccermined"by the
is advisibtc ·~i. the judgers sftould not practice degree 10 which the judiciary is irinnune from
afrer re~t. Any jbdae whQ practices law executive cOntrol. It is the object or judiciai func-
after ledriment QIBy not ietriairt quite fair in the tion 10 save the citizens from executive encroach-
discharge of fUa duties ~hlle in service. This menL Under British rule in India, it was abun-
hampen~~ofpsiciary. Thejudges dantly made clear by the role of the dislrict
of Supe~J~ie eo..d CJf lDdii are not therefore al- magistrate who combined in himself the dual·
lowedro·~.INir ~L
.. functions or an executive anil a judge. E\'en the
subordinace magiSU'BieS who used 10 try the bulk
Q~ . . of the criminal cases were directly under the
Tbc IIIII;UJ'C ot-J)ejudicial r~~netioo encails rcchni- control or the executive authority of ~ dUirict
cal com~. Hence lfte jud8eS." must have magistrale. In such circumstances the~es~uld
requisite quali(adoni. '[Link] lfSlJal practice in hardly hold the scales of justice even handed.
almost all ~ [Link] is 10 appoint judges from To ensure the independence or the judlc:wy.
amona rho distisagui~ members of the legal the Indian constitution lOOk. special CUC: The
[Link] India. for inslance, the constitution constitution authorised the Supreme C~ 10
proYidellhat 10 be • judp or &be Supreme Court have its own establishment over which it would
a personiiUISt have been ajudp of a Hip Coun have complete control. Thus the offlterS 8nd
olM least five yCin llladinJ or the person con- servants or the Supreme Coon arc appoJDICd by
cerned is. alhoopinion ofdie Praiclent, a distin- lhe Chief JUSIJCC or ..Y other judge w officer
pilhedpilt. whom he may direct 10 do so. The coon deter-
mines the concbuons or service of these offiCers
AMqllllUMitlrJ and servants. Also, all the expenditures pertlia-
iiiJ to themliatenance ofthecourtestabllshmeats
AI fdequaiB remuneration of the Judges is a are charged on the Consolidaled P1nd otlndla.
lleCCMIIfY pre-c:ondirion ollhe indepenence and The constitutiOn has further ensured the incfe.:
infeJrit1 oldie judlcilly. Properly qualifHid and pendence of the court by maltin& all the actions
JUDICIARY ; A GENERAL PltOFIU! 51

and decisions of the judges in lheir official capac- indireclly a large measure of conttol on the activi-
ity immune from criticism. ties of lhe executive.
As oneoflhechieffunctions ofthejudiciary is . Judicial independence of the executive, it is
to protect the citizens from executive encroch- sometime suggested, is violated when theexecu-
ment, it must be separated from the executive. tive is given the prerogative of pardon. In India,
The executive, as in Great Britain or India, may for instance, the power to grant pardons. etc., has
have the power of appointing the judges; yet the been given to the President and so also to the
power of dismissal of judges must not be en- Governor in a State.
trusted to the executive authority. lthasbemcontendedthattheexecutiveshould
Sometimes the executive is pennitted to con- not be gt ven supreme authority as lhat may lead to
suit the judges and seek advisory opinion of the tyranny. It has also been argued that, if lhe execu-
courts on constitutional questions. For example, tive is controlled by the judiciary, the efficiency
under the Indian constitution, the President has of the executive may suffer. If a water-tight divi-
the power to consult the Supreme Court. Such sion of function is attempted, unnecessary con-
provisions, the critics argue, might bring the flicts between the judiciary and the executive arc
executive q~ close to the judiciary and unduly bound to occur. The need. therefore, is of hal-
strengthen iL Still, however, in modem times the anced partnership between the two.
executive which is burdened with heavy respon-
sibilities must necessarily consult the courts to
ensure successful implemenlation of policies. JUDICIARY AND TilE LEGISLATIJRE
It is almosl a recognised public law that the
chief executive should be exempted from the According to the principle of separation of func-
jwisidction of iny court or magistrate so long as tions, the legislature makes laws and the judiciary
he remains in offtee. For instance, !hePresident of interprets and applies lhose laws to specific cases.
the USA is immune from judicial control. But he But sometimes one usurps the functions of the
is responsible to the Senate when that body be- olher and as such has some controlling influence
comes a court for the specific purpose of trying on its activities.
the President in cases of impeachmenL But, as In certain countries the judiciary is entitled to
90011 as he becomes an ordinary citizen divested
decllle the laws pased by the legislature as null
of public olfu:e, he is subjected to the conuol of and void when these laws are found to be in excess
the judiciary as a private individuaL At lhat time, of the powers vested in the legislature by the
tho orders and regulations issued by the President written constitution. In the USA the judiciary is
may be scrutinized and even declared invalid if
really the coustodian of the constitution. In Eng-
anybody questioning their validity applies to the
land and France, however, any law enacted by the
coun for rec1n:ss. The subordinales of the chief
legislaturecannotbeinvalidaledbylhelawcoun.<~.
executive, however, a1e not exempt from lhe
for in these countries the political sovereignty of
JUrisdtCtionofthejudiciary. The courts may fieely
the people as expressed tbrough the legiSlature as
cxcrc1se control over them whellever they a1e regarded as inviolable. Besides, the judicwry by
found su•lty of violation of rules of the conslitu-
its interpretalions or law and their apphcauon 1o
tiOII Even the fact that they ~~etcd,according to
the orders of the President, cannot be adefence in particular cases creates rulings and convenuons
whteh are practically regarded as laws.
their favour. Thus it is evident that as the chief
execuuvc has to carry on administrabon laJJely Legislature exercises certain functiOnS of lhc
llftuah lhe subonlinlla, lbe judiciary has judiCiary. In England, the Upper House of the:
52 ORGANS OF GOVERNMENT

Legislature, i.e., the House of Lords, acts as tion determines the area of competence of
supreme court of appeal. The Senate in the USA different authorities under the constitution. What-
constitutes itself into a uibunal to try executive ever might be the merits of judicial supremat:y in
offteials charged by the lower house of the legis- a federation,the judiciary in a unitary state should
lature. not be empowered always to thwart the will of the
Usually, under a written constitution which legislature. A wriuen constitution is sure to re-
defines the scope of legislative authority, the flect the spirit of the time when it was framed. To
judiciary is authorised to indicate the limits of the deprive the legislature oftheopponunity to change
hitler. In a federation, on the other hand, the the laws in accordance with changes in circum-
judiciary which is the custodian of the constitu- stances is to block the way to progress.

EXERCISES

I. What do you understand by ' Independence of Judiciary'? How can it be s!ured?

2. What arc the different ways in which the judiciary is organised?
3. Enumerate any three functions of judiciary in the modern state.
4. Explain any two merits of Judicial Review.
5. Discuss the relationship of the following :
(a) Judiciary and Executive
(b) Judiciary and Legislature
 CHAPTERVUI

Judiciary in India

JUDICIARY HAS an important position in In- has also been made for the appointment of a j udge
dia's federal system. It acts as an arbitrator be· of a High Coun as adhoc judge of the Supreme
tween the two sets ofgovernment, the Union and Court and reWed judges of the Supreme Coun or
the StaleS. But unlike other federations, India has of High Court to sit and act as judge of the
a single, unified Judicial system. At lheapexis the Supreme Court. The constitution debars a retired
Supreme Court of IndiL Then there are High judge of Supreme Coun from practising in any
Courts at the stare level and subordinare couns coun oflaw or llefore any other authority in India.
below them. The Chief Justice of India receives a monthly
salary of [Link],OOO and other judges of the Su-
Supreme Court preme Coun Rs.9,000.
At lhe apex of the judiciary in India ~hen is
Supreme Court of India. c:onsisdnl of a Chief Name dlo. pe8CIIt CbiiH' i~Mdcct of
Justice of India and 2S OCber jiJdFs ...,oinred by ...... bil two immediale . . .
lhe PraidenL The Parliament has lhe power 10 ~
PJeacribe lhe number of jqes. It is lhe highest
and final Court of appeal in lhe counlr)'.
Rtmow:ll
f21UJifictlliolts t»UliiiiDl"""IIIS The judges of the Supreme Court can be removed
from orrace by lhe Pressdent only after an address
Ajudge oflhe Supreme Court is appointed by dle
by each house of Parliament, supported by more
~afterconsultalion withtheCbiefJustice
of lhe Supmne eo.t and holds oific:e ldil the than two thirds majority of members presenl and
voting, has been prcseaiCd 10 the Presidonl. an the
aeeor6s. same scssaon for removal of the judges on lhc
Par llppOinllllellt IS 1 judp fl the Supmne
ground of proved masbehaVJOUr or ancapocJLy.
Courtapersonmustbcacitizenoflndialnlmust
llave been at least rornve years asjudseofa High
COIIt arbttwo or more such courts In JUC\leSSion Jlll'isdiCIIOII
for at least left yeus at he must, in the opinion of The Supreme Coun m India exercises ongmat
lbe Pnlsidell&.lll a dil&iftluished jurisL Provision appellate and advisory jurisdictiOns. '
54 OROANS OF GOVERNMENT

Its exclusive original jurisdiction deals with agreements of the former Indian states can be
disputes(l)betweentheGovemmentoflndiaand referred to the Supreme Court for its opinion.
one or more swes; (2) between the Government
oflndiaandanystateorstatesontheonesideand Mention one c:~ abou .· t whiC.b the
oneor more stateson the other,or (3) between two ·
or more states imer se, if and in so far as the [Link]()flndiasoo_ghttbeadvice
dispute involves any question on which the exis- '" of the s~·coutt,
tence or extentofa legal right depends. However, ~::;;........,.;..;::.;.··:..;
· ' ·;;;;.
-.,.·. ·..-....;;...;<L.,.·r.;.
: .·......_
· ..;....;....;....;..
. _ _ _ __.
disputes arising out of the provisions of treaties An important function of the Supreme Court is
with the former Indian states or to which any such to act as the guardian of the Constitution. The
states is a party are excluded from the original Constitution has clearly defined the functions of
jurisdiction of the Supreme Court. each organ of the government each organ has to
The appellatejurisdiction of the Supreme Court function according to the provisions of the Con-
covers three types of cases : (1) constitutional, (2) stitution. Every law enacted by Parliament or a
civil, and (3) criminal. In constitutional mauers, State legislature should be in consonance with the
an appeal lies 10 the Supreme Court from the provisions of the Constitution. To check this
decision of a High Court whether in civil or Supreme Court has the power of judicial review.
criminal proceedings if the High Court certifies Under this power it can examine the legislative
that the case involves a substantial point of law as enactments and their constitutionality. If any law
to the interpretation of the constitution. In civil violates the Constitution, the Supreme Court can
cases, an appeal lies to the Supreme Court from declare that law invalid. Thus, the SupremeCourt ·
the judgement, decree or fmal order of a High can examine the validity of any o~er of the
Court if the Hi~h Court ceitifies that the apPeal executive or any law of the legislature: It is in this
involves a substantialquestion of law. In criminal sense that it has been described as the guardran of
Cases, ~ lies to the Supreme Court from the the Constitution.
decision ofa High [Link] the High Court (a) has The Supreme Coun is also the guart:Uan ofthe
on appeal reversed the order of acquittal of an liberties andfundamental rights of the citizens of
accused person and sentenced him to death, (b) l)ldia. The Court can declare a law passed by any
has withdrawn for trial before itselfany case from legislature null and void if it encroaches upon the
any court subordinate to its authority and has in fundamental rights guaranteed to the people by
such trial convicted the accused person and sen- the Constitution. The Supreme Court can issue
tenced him iO death, or (c) certifies that the case writs in the nature of habeas corpus, mandamums,
is fit for an appeal to the Supreme Court. The prohibition, quo warranto and certiorari and the
Supreme Court can itself give special leave to like for the enforcement of fundamental rights.
appeal from the judgement of any court or tribu- The Supreme Court has been empowered to re-
nal mlhe lenitory oflndia. Parliamentcan, by law view laws passed by the legislature and declare
extend the appellate jurisdiction of the Supreme them tmconstitutional if they contravene any
Court. provision of the Constitution. It is for the Su-
The Constitution has also given the Supreme preme Court to declare whatlhe provisions of the
Court c:enain advi8ory /IUICtions. The President Constitution mean. The SupremeCourt baspower
Clll Jdlr 10 it any quaticn of law or fact wbich is to review any judgGDeniS oc onlu made by it
considerable public importanCe for irs opinion. earlier. In other wcxds, the Supreme Court is the
Under &hiJ jurisdic:lion even [Link] which c~ of lhe Conslitulioa and lhe JUabest
involWJ an ~ of the ll'eldel and fonD fm ia inreqnlalion.
JUDiaAllY IN INDIA ss
Supreme Court is a co1111 of record. liS deci- must be a citizen of India. He must have beld a
sions and judicial proceedings may be presented judicial office in the terrirory of India for at least
before any court for the purpose of evidence. ten years or he should be an advocate of a High
They are cited as precedents. They can not be Court or of twO or more such courts in successioa
challenged in any court. The Court has the power for at least len years. Allematively, he, in the
ro punish for its own contempt. opinion of the President, has 10 be a distinguished
jurist.
Tbe High Court The Chief Justice of a Hi&h Coun in a state
draws a salary of Rs.9,CXXJ/- per mondr and other
At the state level, the highest court is the High judges get Rs.8,000/- per month, apart from vari-
Court. It consists of a Chief Justice and some ous other allowances. The service conditions of
olher judges. The nwnber of judges is ro be the judges cannot be altered ro their disadvantage
determined by the President ofIndia from time ro during the course of their service except in the
time. case of financial emergency. Like the judges of
The states of Andhra Pradesh, Assam (in [Link]
common with Nagaland, Meghalaya. Manipur been given complete security of service. A High
and Tripura. Arunachal Pradesh, and Mizoram), Court judge may be transferred from one High
Bihar, Gujarat., Himachal Pradesh. Jammu and Court ro another by the President after consulta-
Kashmir, Kamataka, Kerala, Madhya Pradesh. tion with the Chief Justice of India.
Mabaramtra, Orissa, Punjab(incommon with lhe
late ofHaryana and the union territory of Chan-
tiprb), ~Tamil Nadu, Uuar Pradesh, Jwisdiction
NestBeopland Sikldm have each a High Court. The High Coun, have original jurisdiction in
lbe j urisidction of Bombay Jii&h Court extends such mauers as wriiS and appellate jurisdiction
ro Goa a1ao. There is a separate Higb Court for over aU subordinale courts in their jurisdiction.
Delhi. For the Andaman and Nicobar Islands the Every High court has the power to issue to any
Calcuua Hi&h Court. for Pondicherry the High person or authority. including any government
Court of Madras and for Lakshldwcep the High within its jurisdiction, directions, or orders in·
Court of Kerala are the highest judicial authori- eluding writs which are m the nature of habeas
tiea. ln DadraandNagarHaveli tbeHighCourtof corpus, mandamwn.s, prohibition, quu warranto
Bombay is the relevant Higb Court. There are 18 and certiorari or any of them for enforcement of
High Couns in India. fundamental rights conferred by P..ut li of the
The ChiefJustice ofa High Court is appointed Constitution and for any other purpose.
by tho President in consullaUon with the Chief Election petitions challenging the elections of
JUStice of the Supreme Courtand the Govemo~ of Member of Parliament or Member of State Leg-
lhe Slate c:oncemed. The proc:edure for appomt- islative Assembly or other local bodies can be
ins other jqcs as the same exccptlhallbe Oticf hied in the concerned H1gh Coun.
I ~~Mice oldie High Court concerned is also con- The High Courts, ha,·c tJPpcllate Jkl'isdlcllcm
lUlled. They hold omce untiU they auain the age in both cavil and cn minal rases against the d~a­
0162 years and a removable from oifJCe in the sions or lower courts. 1bc) can decade nwcnu.:
-......._ as ajudaeof the Supnme Court. cases also. Appeal can be filed against the dcca-
~ariou GlUt _,,IllS sion of a sessions jq e tf &he accused has been
seniCDCed ro imprisoomenl for 7 years or mace.
A,._.,be....,...asjudpofaHiafaCourt CapitalpunisbmcDlgivcn by &esSIOiliSjudseis llOl
IIUil , _ _ c:erllia iDICif'"IC CIIWi'ir-lliORS. ill umlllldlllleaitilcoa8nned~*..-.[Link]
 ORGANS OF GOVERNMENT
56

In the Stale, all the Courts and Tribunals work hears cases relating to the disputes of property.
under the High Court. The High Court ensures marriage and divorce. The civil courts exelaSe
that the Courts and ttibunals. do not excen:ise jurisdicuon over sooimatters as guardianship of
powers beyond their jurisdiction. The Chief minors and lunatics. Besides the Disttict Court.
JusticeofaHighcounisconsultedintheappoint- there are Courts of sub-judges, Munsiff Couru
ment and promotion of Disuict and Sessions and Courts of small causes. In a disttict crimina:
Judges and other appointments in judicial sezv- cases are heard by the Courtof SC:!Sions Judge fo•
ices in the State. The High Court exercises both hiscourtiscompetenttoawardpunishmentsanc·
judicial and administrative superintendence over tioned by law. It hears appeals from the spbordi-
the subordinate Courts. The High Courts, like lhe nate criminal courts. Below the District and the
Supreme Coun. caq declare any law of the States Sessions Courts are the Courts of First Clas!
or order of the executive as invalid, if it is against Magistrate. In metropolitan cities like Delhi
the provisions of the Constitution or there is an Bombay, Calcutta and MadraS these magistrate!
infringementofFundamenlalRightsofthepeople. are called Mettopolitan Magistrates. Besides tlili
Every High court is a Court ofrecord. Subor- there are courts of second class and ihird clas!
dinateCourts are bo!Jnd to follow the decisions of megistrates also.
the High Courts. Its proceedings and decisions
are referred to in all future cases. It lias lhe power I '·' '· :. . >·:·,-; ·..
to punish for contempt of Court. Find out ~ names of the variOIJS
A High Court stands at lhe apex of the judicial tinds of sutx>rdinate coorts in your
system in a State. It supervises lhe working of all district.
subordinate courts and frames rules and regula-
lions for lhe lranSaetion of business. It can also
examine the records of its subordinate courts. Revenue courts
However, it does not have any power of superin- Landrevenueisanimportantsourceofincomeof
tendence over any court or tribunal under any the Government. The Board of Revenue is at die
mililary law. apex ofall the revenue courts. Und« the Board of
RevenuearetheCommissioner'sCoun,Court of
SubOrdinate courts Tehsildar and Nayab Tehsildar. Each district has
separatecourtsforits land revenue system. Every
The organisation of subordinate courts throu&fl-
dispute related wilh land revenue rust 'comes
out the country is generally Wlifonn. There are before the court of Tehsil_.. An appealllgllid
two types of Jaw courts in every district, civil and the decision lies in Court of CoUecror or Depot;)'
-criminal courts. They function under the superin- Commissioner. '[Link] an appeal against the
tendence and control of the High Court of the decision of Deputy COIDDlissioner's courtcan be
State. made in the Court of Commissionet.
The Court of the District J~ge is the highest Furthet appeals can be made 10 the BOild of
Civil Court in a district This court-decides the Revenue which ia lhe highest c:cut of land iR
civil and criminal cases. When the judge decides revenue matters.
the civil cases he is called the District Judge and
when he deals with criminal cases, he is caUed the Lok adalats ud public iDterest Utiplioa
Sessions Jud_Je. He is appointed by the Govemer system
ofilii"Srate in consultation with the ChiefJustice
of the High .Court The District Court hears the For providing speedy and ecoaomical JUSate UY.
appeals agaiast the decisions of the sub-judges. It the poor and lhe downtrodm, 101M -
 JUDICIAllY IN INDIA
57

programmes have recently been introducted in official duties can take place in Parliament or
the country like legal aid, Lok Adalats and public state legislatures unless the proposal to remove
viftterest litigation. The basic idea behind the him from the office is brought before the House.
scheme of Lok AdalaiS is to eliminate delay in Their salaries and other allowances can not be
imparting justice and to ,speed up clearance of voted by Parliament of the stale legislatures. The
pendingcasesassoonaspossible. TheLokAdalaiS objective is to ensure lhat their behaviour and
resolve cases which have not yet gone to the functioning does not come under criticism. The
courts or are pending in the couns. Lok Adalat salaries and allowances cannot be changed or
which met in Delhi in January 1989 decided 531 reduced to their disadvanrage unless there is a
cases in a single day. declaration ofemergency which. the President of
India is empowered to do so.

The Attorney-General
The President appoints a person as the Aucmey-
General, who is qualified to be appointed as a
judge of the Supreme Court to advise the Govern-
ment of India on legal mauers and 10 perform such
The Supreme Court has also opened a new other duties ofa legal character as may from time
chapter on public litigation, where merely on a to time be entrusted 10 htm. He has the right ro
post card or application the complainIS are regis- speak and otherwise 10 take pan in the porceed-
tered and necessary orders passed. Th,e griev- ings of either house and 10 be a member of any
ances of weaker sections, bonded labourers, Parliamentary Committee. He is not entitled 10
women and children, have been given due impor- VOle.
tance under this scheme.
The Comptroller aud Auditor-General
lodependence or j udiciary There is a Complrollcr and Auditor-General of
Independent judiciary is necessary for the protec- India who is appointed by the President He is
tion of rights and freedom of the people. The only 10 be removed from otTx:e in the like manner
Constitution of India has made provisions to and on similar grounds as a Judge of the Supreme
ensure the independence ofjudiciiJry and to keep Coort He exercises general conlrol over the
judges away from political and other influences. accounts of the Union and State Governments.
The judges are appointed by the execlllive on the His duties and powers are pescribed by a law.
basis or the prescribed qualifications and legal made by Parliament His reports submitted to the
compe&ence. They can not be removed from their President and the Governors of Slates are laid
ofrace at the whims of the executive. Judges are before each house of Parliament and the legisla-
lpPointed for a fiXed period. They do not function ture of States respectively. He is not elagible for
llllder the fear of loosing office. No discussion on funheroffice [Link] Umon or StateGovern-
lhe conduct of a judge in the discharge of his ments once he has retired.
58 ORGANS OF GOVERNMENT

EXERCISES

1. Describe the composition, jurisdiction and powers of the Supreme Coun.

2. Describe the composition, jurisdiction and powers of the High Coun.
3. DesCribe the procedure through which a judge of the Supreme Coun can be removed.
4. Write short notes on the following :
{i) Supreme Court as a protector of fundamental rights
{ii) Supreme Court as a court of records
(iii) Subordinate Courts at the district level
(iv) Revenue Courts
(v) Lok Adalats
 CHAPTER IX

Bureaucracy-A General Profile

THE WORK of modem government has two warn ancl US$1~tthosc responsible for :.tate pohcy
closely mtegrated aspects. One is formulation ol ami when the poiH.:) has lx'\:n dl![Link] pruv1dc
a blue-print for the operation of the government, the organisation for its implcnu.'nWtlon. Custom-
and the other is conduct of administration within arily, Cl\"il servant~ arc pmtcctcd from public
its framework. The political executive controls blame or censure fur their adv1cc. The act of thc1r
administration, the detailed working of which is administmtion may, howcver,lx subject to spe-
left to the permanent officials of the government, cial judicial controls.
known as civil service or bureaucracy. They Civil services arc organised upon standard
implement the policies which the political el!ccu- bureaucratic lines, in which a chain of ,.-ommand
tive decides. suctchcs in a pyr.ll1lid like fash1on I rom the high-
Bureaucracy or civil service is a body of pro- est to the lowest cadre. The command 1mphc'
fessional, full -time offiCials employed to handle obedience to the lawful orders ol a supenor The
the civil affairs of a state in a nonpolitical capac- hicmrchy of officers is marked by f"cd posuions.
ity. Tradttionally this body is [Link] with "'ith well defined duu~s. srxx:1fic powers, )kllant·,
other bodtcs serving the state on a full-term ba\is, and priVIleges.
such as the military service, the judic1al service "lllc term civil :-cf\ 1cc was fiN used in Brillsh
and the police service. A civil servant belongs to adrni nistmtion in lnd1a and was pop;•lansed by
a body of person:. who arc directl y employed in Sir Charles Trevelyan a httlc more I han a l·cntuC)
the administration of the internal affairs of the ago. When the pnnciple of open CllfllJlCllllvc
state and whose role and status are not politiCal, examination was mtroduccd in Grl.'at Bntam the
minio;lCnal, military or constabulary. phrao;c "c1v1l ..cr.·JCc·· "a." also mcnuo~d m\.'r
Cenain [Link]~arecommontoall c1vil there and wa' apphcd to tlk: olhc1als sl'rvmg thl'
services. Most civ1I servants become skilled pro- state m a professional capacuy. [Link]'pllor those 10
lcssionals 10 a oranch or public admmt~tration. the nuhtary and JUdloal ...._.n rC"l's
They arc regarded as the professional advisors to As used in Great Bntain and to acertam dq~rcc
those who formulate state policy. To this extent clS~:where,thc term "'civ1l scn1c·e" refers to lllh·
every country expects iL'> civ1l scnants to hi: cials serving the central govcmnwnt or us: L'l!n-
impartial and neutral, their role being to advise, CICS rather than l<x·at umL'> ol gmcrnrncm
Basically, however, the term civil service identi- qualified officials also relates to lhe desire 10
fies lheexpandingcorpsoftrainedmanpowerthat increase efficiency. To enable the service 10 give
must be maintained by evecy modem polity to all their time, energy and attention to the business
cariy out government functions. Invariably, the of the state, provision has been made for pension,
civil service plays a crucial [Link] the operation not only 10 lhemselves after their retirement, but
of modem government systems whether in west- also in some cases to their families and depend-
em or non-western states. In all of them, the civil ents.
service is the core of modem government.
Administration and political executive
Requisites Administration today is a highly technical job
Certain requisites can be identified for the estab- which temporary political executive is not ex-
lishment and maintenance of any civil service pected to master. The civil servants possess the
system. Some kind of legal basis for the system technical equipment necessary for efficient ad-
must be provided. This may be largely cus10mary [Link]
and uncodified. Another common feature is pro- the senior civil servants furnish all pertinent in-
vision of a personnel agency or agenCies charged formation and necessary advice in the light of
with responsibility for maintenance of the sys- which the political executive takes a decision.
tem. The political executive provides the popular ele-
A developed civil service system calls for the ment, and the civil service supplies the expertise
installation of well-established procedure for the in the functioning of the government The effi-
conduct of common personnel transactions, such ciency of the governmental machinery depends
asselection,poromotion,compensation,perform- vecy much upon the quality of and understanding
anceevalualion, discipline, etc. The system must between these two branches of the executive.
also provide status guarantees and establish can- The growing importance of civil service is a
nons of conduct for civil servants. significant fact in modem politics. The increasing
The relationship of the civil service 10 other importance of civil serv~ can be ascribed 10
instrUments of government and to outside interest three faciOrs : the highly technical nature of
groups is a IOpic of concern in any political governmental operations, the realisation ofsocial
system. In western democracies the role of the advantage of division of labour, anrt immense
bureaucracy is fairly well defined and the prob- increase in the activities of government The need
lem is essentially one of maintaining an existing for technical skill in the actual operation of the
balance which has been worked out over a long adminislrativemachinery and the growing aware-
period oftime. ness of the benefits of specialisatio1: in public
management have led 10 the establishment of a
Need and rational permanent professional class. The great exten-
The increase in the functions of government and sion of the activity of the government in a modem
the growing complexity of the adtninislrative welfare state has immense!y increased the load of
work have made it necessary to have a profes- administrative work which, in tum, has led 10
sional civil service. It consists of technically employment and a large number of civil servants.
tramed persons who emer the service of the state CiviI service today as [Link] by the quality of
and remain in office, irrespective of change of its work and its number occupies an enviable
parties in power, till they attain the age of retire- position of paramount importance in modem
ment The appointment of permanent, technically politics.
BUUAUCJlACY- A GENEitAL PRORU! 61

Historicalpr•-spedive inevitable consequence is a tremendous decline

. in the standard of public service. In the United
The professional civil service was instituted in
States, the debasement of the federal service by
~and in 1~5. when the Civil Service Com-
the spoils system ultimately led to civil service
mission was e!ltablished. This body arranges
reform based on merit system. This has substan-
entrance examiru1tion for candidates for all open-
tially improved the standard of civil service in lhe
ings in lhe civil s.::rvice. There are two classes of
United States. The vast majority of civil servants
civil service-exc.:cutive and administrative. The
are not subject in their appointment to conLrOI of
function of the CXI'!Cutive class is to perform the the political executive.
operations developed and determined by laws,
The appointment of public service must be be-
rules and practice. Officers of this branch are yond the competence of the political executive.
recruited at the age of 18 or 19 after finishing a The chances or nepotism in appointment must be
secondary school e)•amination. The administra- reduced to be a marginal phenomenon. The prin-
tive class is sup)>OS(ld tO be recruited from the ciple of open competiuvccxaminauon conducted
brilliant university graduates who enter the serv- by an independent service commission for en-
ice between the ages of 22 and 24. The present trance into public service seems to be most ra-
personnel of the service, whethe( in England or in tional and satisfactory principle. The public serv-
India, is not experienald or competent in mauers ice commission in almost every modem state
of industry' Lrade and fjnance which are increas- enjoys an autonomus status and is not subject to
ingly the concern of governmental direction. executive or legislative conLrOI. A member of the
In the United StalCs of America the profes- Union Public Sco ·ice Commission in India, for
sional civil service wa.~ 1&83. A instance, can only be removed by the President
commiueewasappointedin 1936todevisemeans for his proved misbehaviour through a special
for increasing the efficier~cy of the civil service. procedure. This ensures independence of the
commission. While in some countries like the
Recruitment to civil service United States and England, the public service
States follow varying prii)Ciples of organising ~om missions are the creation of the legislature, in
civil service. In some states certain categories of countties like India, the public service commis·
civil servants are appoinled by the political ex- sions have been establiShed under the authority of
ecutive. They serve the [Link] for a tem· the constitution, and as such they enjoy a distinct
porary period. But in most of the states the civil constitutional status.
servants are a pennanent cadre whose appoint- No unifonn method of competitive test has
ment is beyond the compete~ of the political been evolved. The English method, for instance,
executive. The temporary appointment of the is entirely academic, whereas the American sys-
civil servants by the political executive has some tem tend to be specific and practical. In the United
undesirable consequences. It pnsvents the forma- States, the civil serv~~:c .:ommission has some
tion ora pool of adminisntive [Link] which relation to the nature of the candtdatc ·sfuture JOb.
is essential for compe~ent openlaQn of the admin- In English method the a'>!>"Umpuon as that a man or
ISiraLive machinery. The insecurity of tenure will intellectual ability and mental alertness \\all not
fnghten away men of competenc.· e and ability fmd it difficult to acquire an a shoo span of ttmc
f~ administrative service whef pennanent broad knowledge of his spocalic wod.. Besadcs,
hvehhood ts not amply secured. The spoils sys- English method IS~ 011 3 bel ef that the CJV\1
tem and polaucal patronage result r- ftllmg the servant who wall, an the course of tus career
pubhc offices Wllh incapable and ant-xperienced become a narrow spcc~ahst, should possess ~
and, someumes, even corrupt pctsons. The academic cultural background. But lhe American
 lI
ORGANS OF :;oVERNMENI"

system does not insist on a broad academic quali- descriptions. Organisational ex1*.-£tations are
fication as a condition ofentry into service. It can reflected in job specificity. r
draw its administrative class, not only from the There are a set of behavioural ! ;;haracterisl\CS
upper layer of society. but from varied strata of of bureaucracy which can also bel jescribed here.
the community. Hence, compared to English (i) Rationality : Bureaucrad y represents .a
system, the American system is said to be demo- rational form of organisation. 1rl~nce ~Y defin~­
cratic. With increasing democratisation of educa- tion it leaves no room for irr auonahty. Dcct-
tional privileges, the system of civil service in sions are taken on strictevide nee. Alternatives
England is also being increasingly dcmocratised. are considered objectively IC, choose a path for
decision.
Classification of civil service (ii) Impersonality : A bur caucratic form of
Civil service can be classified into three broad organisation docs not entc1rtain irrational sen-
categories on the basis of nature and responsibi1- timents. Official business is conducted with-
ity of work. At the top there is an executive class out regard for persons. J•t is a machine-like
which has to shoulder greater responsibility and construct and as such it is [Link] by
take more initiative I han the clerical class. Below high degree of impersonality. . .
that there is the administrative class. This class (iii)Ru/e orientation : Depcrsona!tzauon of
consists of highly compet::nt personnel who pro- the organisation is achic;ved through formula-
vide the necessary leadership and drive to the tion of rules and procedures which lay down
whole range of administration. At the base there the way of doing work.. The cmpl~yees arc t~
is a clerical class of people who have to perform follow the rules strictly in the [Link] 0
purely routine work. Thus, civil service is a t'K:ir duties.
many layered system where different grades and (iv)Neutrality: As a corollary of impersonal-
ranks co-exist. ity,thts characteristi•;implies absence of btas.
Bureaucracy as an irtstrument serves any ki~d
Role and characteristics of political regime ,vithout being aligned to tl.
It has commitrncn t to work only and to no
The actual role of bureaucracy in the decision- other value.
making process and policy formulation varies
from one governmental system to another. Struc- Development administration
turally, a bureaucratic form of organisation e::-
hibits a number of characteristics, the more im- It will not be out 1.1f piacc here to identify the
portanl Of which arc being liSted here. CharacteristiCSOfdt~Ve)opmcntadministratiOO,Of
(I) Division of labour : The total task of the which burcaucrac y ic; growingly becoming an
organisation is broken down into a number of instrument
specialised functions. v (I) Chang~ o1 ·ientation: The di,unctivc mark
(2) 1/ierarchy: Hierarchy manifests iLc;elf in a of development rAdmmistration is iLc; central coo- ~
numbcroflevclsof differently graded functionar- ~n with socio -cconimic change. This special
ies m which supervision of the lower office is oncntation dist.~nguishcs development admtm-
donc by the higher ones. stration from ,.-cgulatory or general adminisua-
(3) System of rules : The righL'I and duties of [ lion which is t~cally concerned with the main-
the employees and the modes of doing work arc tcnancc of tht~ status quo.
governed by clearly laid down rules. (2) Result orientatwn: Stncc changes have«,
' (4) Role of specificity : Every role in the or- be brought rapidly and wtthm a dcfimtc time
ganJsatton is clearly earmarked with specific job honzon. development admmistrauon has w bC
BUREAlK.:RACY-A GI!NI!IW.. PROF1UI 63

result-oriented. Its performance is overtly related more often from the political leadership than from
~lucbvity in terms of increase in per capita the clientle itself. To accept the supremacy of the
income,provisionofheilthanciwelfarefacilities. politician and to work along side him as a co-
ere. partnec in development enterprise are the inbuilt
(3) Conunitment:Commitmenttochang~and) requirements of development administration.
concern forcompletingllme-bound programmes Bureaucracy has to work very closely with the
con~tute the organisational role expectations in people under the general rubric of service ethics
development administration. Administrators are in development administration. Popular panici-
expectedtobeinvolvedandemotionallyauached pation in development has to be looked at as a
to job they are called upon to perform. resource and the bureaucracy has to elicit popular
(4) Client orientation: Development admin- suppon for developmental tasks. The uaditional
sitration is overtly client-oriented. It has to be concept of people as passive beneficiaries has
positively oriented towards satisfying the n~s thustobereplacedbythenewerconceptofpeople
otspecific targetgrou_Rs, so~ satisfaction is an asactivepanicipants. Corresponding behavioural
important criterion for evaluating performance. changes are needed to make the bureaucracy
The people in development administration are not change-o~nted, result-oriented and people-or!;
J)assive benefiCiaries. They are looked upon ~ ~nted. It is in this context that training of civil
itctive ~cip~ts in the public programmes. servants has assumed much significance. The
Thus closer nexus between 'public' good an_j change has yet to be achieved in India to a
'administration• is an essential attribute of de vel- considerable extent from a regulatory to a devel-
opment adminimation. opment oriented bureaucracy.
_..(5) Temporal dimension : Development ad- - -
ministration attaches special importance to time. Appraisal
Since socio-econimic changes have to be brought Anonymity and impartiality constitute an impor-
about as quickly as possible, the time limit of all tant aspect of the nature of civil service activity.
activities asswnes considerable significance. This The growth of parliamentary democracy has
i~essence of result-orientation. emphasized the need for cabinet responsibility.
The inevitable consequence is that the civil ser-
Bureaucracy and development vants have no responsibility for any policy of the
The characteristics of a bureaucratic form of government. They are not personal! y blamed, nor
organisation can be reiterated as existenCe of rule, are they praised for any disaster or achievement
division of work, hierarchical arrangement of of the government. These are inevitably the lot of
offiCers, selection of technically trained officials, the cabinet. The civil servants work :,Chind the
separation of ownership from management, ad- cloak of ministerial responsibility. Thus they are
herance of rights to offices and not to incumbents an anonymous authority. Closely related to this is
and meticulous recording of administrative acts strict impartiality of their work. As they have no
in writing. Thus bureaucratic norms and essen- political responsibility for any policy of the gov-
tials of development adminisuation go ill to- ernment, they are expected to be nonpartisan. In
gether in theory. In practice. however. the in- theory. atlea.~t. politically, the civil servants are
volvement ofcivil service in developmental taSks neutral, as they are a permanent staff serving
is lending to cbange the nature of bureaucracy temporarily elected political executive. They enjoy
itself. a tenure of office which is independent of the fate
Development has to depend a lot on political of the political executive. However, it is being
management, as the impulse for change comes realised more and mOJe that in the wake ot
 ORGANS OF GOVERNMENT
64

growing poiiticisation neutrality of the civil serv- interest of the staLe. This form of governn)ent was
ice has growingly become more a myth than a conlemptuously termed bureaucracy. 1M every
reality. modem state the highly complex business of
Democracy fails when a popular measure, administration is now preferred by a host of
because cf administrative incompetence, is badly officials. This body is collectively known as
executed. An efficient adminislration is thus an bureaucracy.
indispensable adjunct to the democratic process Bureaucracy refers to a special type of ronnal
of popular iniuauvcmdCCISionScOriCcrining organisation whose structure has a numb-er of
[
~·cy-makJni:'A<Jnumstrauve efficiency de- specific characteristics. A highly developed divi·
mands a continuous pool of compctent personnel sion of labour and specialisation of 1asks is [Link] of
who have made the service lO the Slate as thei r the most fundamental features of burcaucr·acy.
life-time profession. Thus the value of civil serv- when we usc the term in a positive sense.
ice in the rnanagementandoperationofthe modem The emergence of bureaucratic type of organ•·
governmental machinery has been greatly en- salion in modem governments has laid the foun-
hanced. dation of a body of civil servants who work lor the
But some people doubt whether civil service, government in tcrms of life time career. The vl:rt
mnovated for the purpose of meeting the demands presence of such a professional body of train cd
of the old order state, can now be geared to the men is ex peeled to exercise a 'ralionaJ' innuen.~,-e
dynamic needs of the new welfare system. on thr. entire decision-making processes, whic b,
Adminislralion by civil service is an intcllectual however, docs not always happen.
routine. The tradiljonal qualities of a civil servant Still it is useful to remember thclt there arc si ~
are impaniality and conservatism. But in modern constituents of a bureaucracy. These arc ( 1) cen -
welfare system the [Link] is cxpccled to [Link] of control and supervision; (2) safe •
believe zealously in a welfare programme. Thus guards for the independence ofjudgement of each
the rigadity of outlook and conservatism in lhc member of the organisation; (3) keeping of rec-
habits of the civil servants prevent the organic ords and lite; (4) secrecy; (5) difrerentiation ol
intcgration of adminislrcllion with the structure of functions; and (6) qu;~lilication for office.
a welfare staLe. An [Link] in this type of Cer1ain functions arc alloued to regional or
SlalC must be made to develop a new frame of local authorities in every state. But the ~o'Cntnd
mind, flexible and sensitive to the influx of new authority must acta'i an intcrmcdiary and integra-
ideas. tor between tcchnieally and regionally diffcrcnti·
his worthwhile 10 mention in this contcxtthat ated functions. A hierarchy of orliciaJs is needed
it is for this reason that bureaucracy has come 10 to bring about unity of policy and uniformity in
acquire a decisive connotation. The term "bu- [Link]. The hierarchical syslem implies
reaucracy" is of recent French origin. In the 17th faultless subordination. But the principle of dil·
century amponant [Link] were fcrcntiating and distnbuting Junctions limits the
entrusled to individual miriistcrs, each of whom absolute domination of higher ollicials over the
hadaso-called"burcau"athiscommand in which members of Jowcr rank. A higher official will
business was transacled by several higher and hesilatc to reverse the decision of a lower official.
lower officer<; who acted as subordinatcs of re- when he feels that the Iauer has a better knowl·
spective ministers. As there was frequent change edge of the facts in detail. Bul at the same time
of ministers, the chid clerks shaped and dictaled there arc in every administrative hierarchy some
the policy 10 the ministcrs. The chief clerks thus rules of discipline. A gross breach of discipline as
acquired a prcpondcrcnt innucncc which was punished with degradation or removal from of·
ofiCn abused 10 the disadvantage of general lice. The punishment, however, should not be
BUREAUCRACY-A GENERA!. PROFIIJ! 65

awarded until one has been formally accused, tive image it carries, is the backbone of a modem
indicted, examined and pronounced guilty either state, both democratic and non-democratic. More
by a regular coun or by a coun composed of his independent and non-partisan it is allowed to
peers. Keeping of records and files has become remain in its functioning, the greater are the
absolutely necessary in all forms of government, chances of people getting a fair deal. It has,
because procision and continuity are essential to however, to work within a system of checks and
effective administration. Officials have got a balances so that political executive and admini-
tendency to follow precedents. Rigid adherence stration can reinforce each other without becom-
to precedents give rise to red-tapism. Certain ing a liability.
amo~nt ofsecrecy, also, has got to be maintained
by officials. The bureaucracy should be neutral
and independent towards political parties as far as l~fY.'ih~~nel who mairitain
possible. law ~older in your locality.
Altogether thus bureaucracy, despite the nega-

EXERCISES

1. Why is civil service necessary in a modem state?

2 What are the characteristics of bureaucracy? What is its role?
3 What .are the different ways or organising civil service? Discuss.
• 4. Discuss in brief the important constitutents of bureaucracy.
~ . Write short notes on the following:
(i) Anonymity [Link] servants
(ii) Bureaucracy and development
 CHAPTER X

Civil Service in India

AN IMPORTANT legacy of the British admini- time with the adoption of the parliamentary sys-
stration was the Indian civil service. The concep- tem and 'development through planning' there
tion of an organised civil service originated with has been a significant change in the role of the
the East India Company. The term was first used ci vii service since Independence. In the first place,
by the East India Company to distinguish be- the civil servants were to help the political execu-
tween the military and civil sectors of the com- tive in the formulation of policies in their respec-
pany's personnel. All along the British rule in tive ministries and departmenL In the second
India, the members of the Indian civil service place they became responsible for implementing
developed their own traditions. It was a highly these policies.
trained pro(essional service, characterised in the , Due to the approach of'development through
main by intelligence and diligence. It was practi- planning' the functions of the civil servants have
cally the sole repository of power. The Indian increased manifold. Thesearenotconfined merely
civil service, in fact, became a ruling class out- to the maintenance of law and order, and the
side the main currcnL~ of Indian life and feelings. · collection of revenue. They arc now responsible
With the transfer of power in 1947, the British for performing many developmental functions
rulers withdrew, but left a well trained, competent too. From this point of view the functions of the
and experienced civil service. The Government civil service in India can be divided into two
of India decided to retain the old administrative categories; 1radi1ional and developmental.
structure with minor reorganisation and readjust- Tradi1ional funclions are those functions which
ment. This was natural because the law and order the civil service has been performing since the
situation in 1947 was very bad on account of pre-independence days. Some of these functions
cowmunal disturbances. It was justified 10 con- are the collection of land revenue, maintenance of
tinue with the old British administrative system. law and order, providmg administrative and tech-
The Indian Administrative Service (lAS) was the nical assistance to the political executive and
continuation of the I.C.S. The l..C.S. had come to running of the day-to-day administration. The
acquire a reputation for honesty and competence. developmenlal funCiions are main! y related to the
This was impossible to dismantle the institution social and economic development of the counrty.
of the Indian Civil Service altogether. Atthcsame Being a welfare state there has been a marked
CIVIl SERVICE 11'1 INDIA 67

emphasis in India on lhe welfare activities of lhc implement lhe programmes, the policies and
government. The civil service has to help the programmes can not be successfully implemented.
government in lhe formulation and i!Ilple!flenta-
tion of its welfare programmes. Altogelher lhe Safeguards for civil service in India
a
civil service in India has today wajor role in the UndcrtheEnglishcommon law all servants of the
people's welfare and their development. crown hold office during the pleasure of the
Ministers constitute the political executives crown and arc Iaible to be dismissed at ~ny lime
but the CIVIl servants arc the permanent execu- and willlout any reason being a.~signcd for such
tives. Though lhe ministers know the pulse of ll1e dismissal. No action lies against the crown in
nation, they are not experts. The [Link] is
respect of such dismissal, even though it may he
prov1dcd by lhe civil servants who arc qualified. contrary to the expressed terms of the contract of
trnincd and experienced. They are responsible for employment A servant of llle crown cannot sue
the implementation of the government policies the crown even for arrears of his salary.
faithfully. Thus bolh lhe ministers and the civil But Indian law has not adopted this rul(.' in Jb
~·rvants are complimentary to each other. entir.:ty and wilh allns rigorous tmplications. The
The m;nisters provide lllc popular b,tc;c to the Indian Constitution has pro'< ided for 11. lie has to
government and the civil sc.:rvants provide the be given a reasonable opportunity of being heard
cxpcnis.: and expcrici'Ce. The ministers being in respect of these charges ag.1inst him. He is Illus
political leaders hold their positions so long as to be given reasonable opportunity of making
they enjoy lhc support of lhe m.1jority v. hcreas the representation on the basis of the evlucncc ad-
permanence of lhe civil servant~ ensures continu- duced during an enquiry. If a civil "ervant is
Ity in the administration. Considering lhe natur(.' removed or dismissed without obscrvmg llll'
of work llley have to perform, it is necessary for procedure he can demand a dedarauon from th,•
the civil servants to maintain political [Link], court that the order of dllomilosal or rcmo\al \\US
But this Lrnditional concept of neutrality of civil void. He should be allowed Ill continue to be a
[Link] has undergone a change. The role of civil member of the civil s.:rvicc. It must. [Link]. be
[Link]~ is no longer con lined to giving advice on. noted that the protc<:tions provtdcd to him arc
pohcy matters. C1vil servants are exp.:ctcd to be available only when llle appointment has b\:l·n
responsive to the needs and aspirations of the duly made. Thus. where concurrcncc of lllc Pub-
people and rcspons1ble for public welfare. lic Sen icc Comm1ssion is es!lenual before mak-
lllere 1s another view which upholds that a ing un appointment and no such concurrence 1s
neutral civ11~icc is likely to be indifference obtamcd. the person appomted has no nght to
and unresponsive to the people. In the prc&!nt clanfl constitutional protection.
context u is becoming increasingly difficult for
the civil servants 10 he neutral in the performance Structure
oftheirduucs. In fact what is needed ·~il­
m nt to the national_ps and fnilh in those India. being a [Link] ha~ tWl\ sets or gm em
polic &Ad ~mcs whJCh flow from these mcnt: the C"llltral and the 'tat.= go,cmm Rl-•
& omm1&menl does not mean commitment Subjcctsao;signcdtocuth arc to be manned by two
ara parucular ideology or a political party ll scl~ of people The fl)rmer are recruited by the
SlaDd& for ccruun amount of mvolvcmcnt in the central government With the help or the L nil n
IOplemeatadon of the government P.'Jicics and Public Servtcc CommiSSIOn, and the latter b) thl"
PIOpamtAeL Because it is obvious that without state governments wtth the asststance ol lhcu
SUCh a COIIImilmont on &he part of ~ who rcspccuve ~tate Public Servkc Comm1ss10ns.
 ORGANS OF OOVERNMENf
68

In the Indian civil secv· ·1e, there is a set of version of the United Kingdom Civil Service
petSOns who are common ~ both the centre as Commission in the former British colonies and
well as the states. The people of these services are was established to keep politics out of the civil
recruited on an all India~~~ and can be posted service. We have in India, Public Service Com-
both at the centre as well r in the states. The missions, both at the Central and State levels.
Constitution provides for th, , Indian Administra-
tive Service and the Indian ?olice Service as the History
All India Services. The CoJ stitution has also a
provision to create more all India services. The The question of setting up of a public servi~e
Indian Service of Enginee i , The Indian ForeSt commission in India was considered by the
Service and the Indian M~ cal and Health Serv- Montagu-Chelmsford Report (1918). The Gov-
ice were added to the in~~l all India services. emmentof India Act of 1919, which was based on
Civil servants, belonging to ~e cadre of All India this repon, provided for the establishment of a
Service hold the top positio s in the states. Some public service commission. As provided by the
states have been opposed the creation of more Government of India Act of 1919, the Public
All India services becau they feel that. these Service Commission, as it was first named,was
services affect their autono1 y. In addition, there established in they~ The Commissio.
are a number other services own as the central consisted of four members, m addition to the
services like the Indian Fo eign Service, Indian c1!3irman. The Commission came to be known as
Audit and Accounts Servicl~. Indian Postal Serv- the Federal Public Service Commission (FRSC)
ice and Central Engineerin Serivce. Membets of when the Government of India Act of i 935 came
these services can be transfi ed to any~ of the imo force. TI1c FPSC was repla.:cd by the Union
country. These services organised into four PublicSeviccCommission (UPSC) in 1950, which
groups viz. Group A,B,C on the basis of their was constituted as an mdepcndcnt statutory body
pay scales. under the Consitution of India.
In the administration,
recruited to non-technical sts to man lower and Structure of the PSC. Umon 'StateiJoint
subordinate offices. There is a Staff Selection
Commission with its regio al offices to recruit There is a public S<'rvice commission for the
the members of these servi s. union and a puhllc sci'Yice commission lor e:~ch
A head of the departmen in the administrative Stale. If two or more states agree by passing a
set up of the government i gene13lly the Secre- resolution in their legislature that there shall be
tary, who looks after the achinery of admini- one PSC fur that group of States, Parliament by
stration in his department. ometimes there are law may provide for sud1 a JOtnt State Publil.
Additional Secretaries. F below are the Service Commission. The PSC' consists of a
joint secretaries, deputy the under sec- Chainnan and othl:r members appointed by the
retaries to assist the secre . There are many President in ca'll: of UPSC or joint commission
brdllchcs and sections. section are looked and in the case of a state by the Governor of that
after by section officers. state. The President or the Governor (as the case
may be) is empowered to determine by regula·
tions the number of mcmlll'rs flf the Commission
PUBLIC SERVICE and other condiuonl> ur ):ervtce. Nearly hall of the
lJNION AND ST members of the Commission are persons who at
the time of their appointment have held ofhcc for
The Public Service Comm ssion is the adapted at least ten years either under the Government of
CIVIL SERVICE IN INDIA 69

India or a state government ijalf of other mem- Public Service Commission but for no ·other
bers should come from other fields. employment
A member of the Commission holds office for The relations of the Commisssion with the
a term of six years or until he attains the age of 65 Government are coordinated by the Ministry of
in case of the Union Commission and 62 in case Home Affairs. In its day to day work and in the
of State and Joint Commission (whichever is discharge of its statutory responsibilities, it deals
earlier). A member may, by writing [Link] his directly with the different ministries and depart-
hand addressed to the l'resident in case of UPSC ments of the Government of India. The Comm is-
and to the governor in case of SPSC and Joint sion has no attached or subordinate office under
Commission, resign his office. The Chairman or it.
a member of the Commission can be removed The number of members of the staff of the
from office only by an order of the President. The Commisssion and their condition of service arc
Governor has no power to remove member/ given in the regulations made by the 11-esident in
Chairman even of the State Commission. He can the case of UPSC and Joint Commission, and by
only suspend them. The members/Chairman of the Governor of the State in case of the State
UPSC/Joint Commission may be suspended by Commission. The number of members of the
the President only. He can be removed also in the Commission and the conditions of their service
following situations. arc also left to be determined by the President or
(a) If the Chairman or any other member of theGovernor,asthecasc [Link] been
PSC is or becomes in any way interesLCd in any decided thauhcre shall be six to eight members of
contract or agreement on behalf of the Govern- the Commission whose authorised [Link],
ment of India or of a State or participates in any is nine including the Chairman. The Chairman
way in profit there, he shall be deemed tolleguihy ami the members of the UPSC and Jomt Conunis-
of misbehaviour. Then the Supremc Court. on ref· sion arc appoimcd by the President on the advice
erence bemg made to it by the President, has an of the Prime Ministl!r and by the Governor on the
enquiry held in accordance with the procedure advice of the Chief Minister in case of a State
prescribed in that behalf in the Constitution of Commission.
India. The report should como to the conclusion
thai chairman or such other members, as the case
may be, ought to be removed; Name tbe present chairperson of tbe
(b) If he is adjudged as insolvent; or Union Public Service Commission:
(c) If he engages, during his terms of oflicc, in
paid employment outside the duties of his office;
or Nametbe~onofPubticServ­
(d) if he is, in the opinion oft he President, unfit ico Commission in your state. ·.
to continue in office by rca.~on of inftrmity of
mind or body.
In order to ensure the independence of the Jurisdiction
Commission. the Constitution debars its Chair- The jurisdiction or the commision extends 10
man from further employment either under the public services of the Union government and the
Government of India or the Government of a centrally administered territories incase of1lPSC.
Sune. A member, other than the Chairman of the In case of State Commission. the jurisdiction
Comm•s.~ion, is, however, eligible for appoint- extends _ to public. ~rvices of the state govern-
ment as Chairman of that Commission or a State ment. Itts also enJOined upon it that, if requested
70 ORGANS OF GOVERNMENT

by any two or more states, it should assist them in [Link] government ofany stateor [Link] in
framing and operating schemes· of Joint recruit- India in a civil capacity and on any question as to
ment for any service, for which candidates pos- [Link] amount of any such award.
sessing special qualifications are required. The Commission is also consulted when any
appointmeniS are made by the ministries provi-
Functions and powers sionally. The advice of the Commission is also
The functions ofPSC are laid down in the Consti- sought in regard to cases of re-employment of
tution of India. They are aS follows: retiring or retired officers.
(1) to conduct examinations for appointmeniS The Commissions also deal wil.h quasipcrma-
to the services of the union and $tate and conduct nency cases. Such cases are dealt wil.h by [Link]
interviews for direct recruitment; (fhe recruit- government in consultation wil.h the Commission
ment for such poSIS, which cannot be filled by wherever direct recruitment to [Link] post in ques-
promoting persons already in any organised serv- tion is whilin the purview of the Commission.
ices. is made by a system of competitive inter- 11 shall be the duty of the commission to advise
views conducted by the Commission.) and on any matter so refercd to them and on any other
(2) to assist the states in framing and operating mauer which the Ptesident may send to them for
schemes of joint recruitment for any services for advice.
which candidates posse&;ing special qualifica- SumP, of the important duties performed by
tions are required. Public Service Commissions are:
Further the Commission sr.:tll be consulted: (a) Examinations: The Commissions hold open
(a) on all matters relating to mel11ods of re- competitive examinations for various All India
cruitment to civil services and for civil posiS; and Central Service/State Services, as the case
(b) on the principles to be followed in making maybe.
appointmeniS to ci vii services and posiS as also in (2) Promotion: Many of the senior posts, par-
making promotions 31ld transfers from one serv- ticularly in the regularly organised scales and
ice to another and on the suitability of candidates services, are filled by promotion of officers who
for such appointmeniS, promotions oc transfers; have acquired a certain amount of experience in
(c) on aU disciplinary matters affecting a per- junior posiS in those services.
son serving under the Government of India in a (3) Disciplinary cases: In discrplinary cases,
civil capacity, including memorials or pctilitons the Commission has to be consulted before orders
relating to such matters; are passed by [Link] Presidenl/ Governor imposing
(d) on any claim to be paid out of the Consoli- any penalty on a government servant.
dated Fund of India/Consolidated Fund of the (4) Reimbursement of legal expense.~· Gov-
State(as [Link] be) by it in regard to person ernment servaniS are sometimes prosecuted in re-
(who is c;crving or has served under the Govern- :spcct of lK;IS done or purporting to be dorae in the
ment of Incha or the go~ernment of any st.'ltc or execution of [Link] official duty. The claims for
under the Crown in lndm macrvilcapac.;ity)about [Link]:.cmcnt of the legal t.:xpcnses incurred by
any wsts incurred by him in defcndrng legal thcrn in defending themselves are rcfcred to the
proceedmgs mslltutcd against him inrc 'L~ of Commission. In such cases the Comnusssrun has
act done or purporting to be done in the cxcc.;u- to examine \he reasonableness of the claim with
Lion of his duty; and reference to lhe circumstances of each particular
( ) on any clarm for the award of a pcn~ron m case and to advise the tovemment as to [Link]
respect of injuries ~uslaincd by a person whrlc amount that should be reimbursed.
serving under the Government of India or under (5) Appoifllment by 1ransjer: The Commis-
CIVIL SERVICE IN INDIA 71

sions advise the government on cases of ttansfer (5) The minimum academic qualification for
from one service to the other. membership ofa commission should be a univer-
sity degree.
Miscellaneous aspects (6) A member selected from among govern-
The expenses of the union or a state public service ment officers should have held offce under a state
commission, including any salaries, allowances government or the Central government for atleast
and pensions payable to in respect of the members ten years, and should have occupied the position
of a head of a department or Secretary to
or staffof the commission shall be charged on the
govemmncnt if! a state or held a post of an
Consolidated Fund oflndia or Consolidated Fund
equivalent rank under the Central government, or
of the State, as the case may be.
ll shall be the duty of PSC to present annually a comparable position in institutions of higher
education.
a report as to the work done by it to the President/
(7) Members selected from non-officials should
Governor. The President/Governor has to cause a
have practised atlcast for ten years in any of the
copy of the report to be laid before both Houses of
recognised professions like teaching, law, medi-
the legislature together with a memor~dum cine, engineering, science, technology, account·
explaining the cases, if any. where the adv1ce of· ancy or administration.
the Commission was not accepted.
App.·aisal
Suggestions for. reform
The commissions are quite independent and cJvil
The administrative Reform Commission made servants recruited by them do constitute a stgnif i·
some recommendations in respect of improving
cant bulwork of administration in India.
the quality of membership of the commissions. Although the vital role of the public sector in
Some of them are being mentioned here. bringing about rapid socio-economic changes 1s
(I) In making appointments to a state public generally acknowledged, there arc many misgi\-
service commission, the Governor should consult ings about theroleof bureaucracy in developrnc~t
the Chairman of the Union Public Service Com- of administration in India. It is commonol} asoc•-
mission and the Chairman of the State Public atcd with. rod-tape, rigidity and never-ending
Service Commission. rules and regulations. Conservation rather than
(2) In making appointments to the Union Pu~lic change is the essence of bureaucracy. Bureauc-
Service Commission, the Chairman of the Umon racy has also been criticised as urban-oriented
Public Service Commission should be consult~. and elitist in nature and unrelated to the needs of
(3) Not less than two thirds of the_ m~mbershtp rural areas. Above all, development has been
of the Union Public Service Commtsston should
taken as essentially a matter of shrewed political
be drawn from among the Chairman and mem-
management in a society. Some of these pitfalls
bers of the state public service commission. can be avoided if the commissions !.de care ol
(4) At least one of the members of a state
these aspects at the time of recruitment to higher
public service commission should belong to a
civil service both at the national and state levels.
different state.
 ORGA!'<S OF GOVER!\:O.!Ii:>."l'
72

PRACfiCAL ACTIVITY

The students of Political Science class may please arrange a meeting with some civil servants of the
area (say, Director of Health Services, Director of Education, Administrator of a local body, ete.) and
elicit information from him regarding his/her trdirung, recruitment, functions and day to day activities.
The civil servant may also enlighten them more about the role of burulUcracy in a welfare state.
(The questions to be asked should be prepared with the help of the teacher in advance.)

EXERCISES

1. How did civil services come into being in India?

2. How are civil sevants protected in discharge oflheirduties? What are the constitutional safe-
guards?
3. Enumerate the powers and functions of the Public Service Commission.
4. Write short notes on the following:
(i) Differentiate the role of civil servants in pre- and post-indcpendentlndia
(ii) Structure of Civil Services in India
(iii) Organisation of the Public Service Commissions
 Difficult Terms

Censure Motion: It refers to !hat panicular sible. If their actions are not approved by
motion in the Parliament which is usually the Parliament, the whole Council of Min.;_
moved by the leader of members of the ..isters has to resign. This is based on the
[ <?Pposition 10 discredit or disapprove ~he principle lhatlhey are collectively respon-
JIDiicies of the government. The adopllon $ible to the Parliament for all their acts of
of the motion may result in the resignation omissions and commissions.
of thejovernment.
Electoral College: A body of electorates, ~­
Certiorari: It is one of the writs issued by lhe cially constituted _for lhe pwposc of par-
High Court or the Supreme Court to protect ticular clec.!!Q.n. For example, elected
the fundamental rights of the citizens. This \ members of both houses of Parliament and
particular writ is issued by the superior the elected members of the Legislative
court to a lower court directing lhe latter Assemblies of the State constitute electoral
that the record of a case be sent up for college for lhe choice of President of India.
review.
Hebeas Corpus: The full title of the writ is
Checks and Balances: It is the system by which habeas corpus and sujiciendum meaning
powers of different organs of [Link] govern- 'give my body back'. The writ is regarded
ment are kept within their defined jurisdiC· as one of the most important safeguards for
....[Link] case any organisation of the govern- the liberty of a person. It rs available in all
ment tries to become ambitious and en- cases of wrongful deprivation of personal
croaches upon the jurisdiction of lhe other liberty or wrongful detention. - -
organisation, it is immediately checked by Impeachment: The process of framing chm:gcs
that organisation. This is how the lhrcc
!.!&!!in_i! tbc .Pr.c.~id~ and Juqges of Su-
organs of government keep a constant
check on each olher and maintain coordina- preme Court and Hig~ Coll!_ls b_r a le_gisla-
tion and balance in the proper functioning tive body. If resolution or address for their
of the government. removal is passed. they arc removed from
their offices.
Collective Responsibility: It is an important Judicial Legislation: It implies laws created by
feature of parliamentary fQ-~ the pronouncement of a judge in the course
ment. For any decision or action of the of hearing ofa case. It is a law emanating in
cabinet all ministers arc jointly r~ the wake of pronouncement of judgement
74 ORGANS OF OOVERNMENI'

based on interpretation of the existing en- wanted to reunite with Germany or merge
actments/ statueS in a given context with France or remain under the admini-
stration of the League of Nations.
Mandamus: Mandamus is a Latin word which
means 'we command'. It is liD or~r or a Proportional Representation: A method ~f
' writ of a court of law issUedto subordinate representation or [Link] by which it is
1~ o~ an o_ffieer "Of govemmelu, ora ensured that ihe number of candidates
4orJx>ratiun -Or]iny other 1njtitutloil,_com-
ilianding the performance of certain acts. [
~ shall be in proportion to the -votes
cast in their favour.

Ordinance: When Parliament is not in session Quo Warranto: It is a writ issued against a
and the law is required immediately for a person who claims or usurps a public of-
specific purpose, the President may issue fice. Through this writ the court inquires by
an ordinance which has the same force as what authority the person suppons his
~t of law
eitaclfd by Parliament - - claim.

Pardon: A pardon is an act of grace which Recall: It denotes a .device or procedure by

releases a person from punishment for some which the tenure of apeople's r~re~nta­
offence. It can free a convicted person from ~e can be terminated by popular vo~.
serving any sentence imposed on him by a
coon of law. It wipes out the oft:ence. The Spoils System: The d!stribution of government
President of India or. Governor of a Slate positions on the basis Qf political connec-
may pardon any criminal who is punished tions, sometimes with little regard for abil-
by a court of law. ity to carry out responsibilities assigned to
them. This system prevailed in the United
Plebiscite: It is a device by which opinion of the States of America where govern~nt j)osi-
people is ascertained over any issue of tioDS"were used to be given to the suppon-
eg,!!tical nature. The people exercise their ers of elected political pany.J<W.A-...,..._
option through a vote on the given alterna-
tives. For example, in 1935 the people of Veto: The deliberate refusal of a chief executive
Saar (~IJllCCGennan territory) were asked to give his ap_p_roval to legislative ac.J, thus
through a plebiscite to decide whether they preventing it from becoming a law.

'
 Questionnaire

Please give your comments on the book by filling this questionnaire. Tear off the questionnaire and
send it to the Head, Department of Education in Social Sciences and Humanities, NCERT, Sri
Aurobindo Marg,New Delhi-110016.
While answering a question if you find the space inadequate, please attach a separate sheet.
All questions are ment both for teachers and students, except the questions with asterisk marks. which
are meant only for teachers.

Teacher/student
Name -------------------------------------------------------
Schooladdress-- - - --___:._ _ _ __ __ _ _ _ _ _ _ __ _

Textbook
Nameofthebook--------------~-----------
Cl~--------------------------------------------

Langoogeofthebook-------~--------------

I. (i) Is the get-up including printing of the book attractive? Yes/No

(ii) Is the book reasonably priced? Yes/No
2. Do you find the book easy to understand? Yes/No
3. Point out those terms/words which you find difficult to understand.

(i) (ii) (iii) (iv)

(v) (vi) (vii) (viii)

(ix) (x) (xi) (xu)

76 ORGANS OF GOVERNMENT

4. Point out chapters/pages where the language is difficult to understand.

Chapter no. Page no. Lines

* s. Do you think that the content of the textbook is adequate to meet the requirements of the syllabus?
Yes/No
*6. (a) Please list out those content areas which suffer from sex bias, caste bias, class bias, communal
bias, regional bias and ideological bias.
Bias Page no. Line

(b) Mention the content areas which go against international understanding.

*7. (i) Point out chapters which arc lengthy.

(ii) Point out chapters which arc too sketchy.

8. Do you find the illustrations helpful in understanding the content'? Yes/No

9.·Point oul illustrations which arc not helpful in understanding the content.
Page no. Illustration Caption

10. Certain practical activities have been suggested at the end of some of the chapters.
(i) How many activities have you undertakl'll in your class'! Mention them.

(iiJ What difficulties did you face m organizmg these acti viucs?

(iii) Guidelines have been given for organizing practical activities. Wh1ch of these guidctmc d•d
you ltnd inadequate?
QUESTIONNAIRE 77

11 . Certain questions have been given in boxes in the text of each chapter.
(i) Do you try 10 find out the ir answer? Yes/No
(ii) Are they he lpful in understanding the tex t
of the chapter? Yes/No
(iii) Do you find these questions interesting? Yes/No
12. (i) Do you fmd the exercises g iven in the book interesting?
(ii) Point out the exercises which according to you should be modified.
Page no. Exccrcisc no.

13. ' Difficult Terms' arc given at the end of the book. Arc these terms well explained? If no please
mention those.

14 . Point out those terms which could be added to the list of difficult terms.

15. Point out the printing errors, if any.

Page no. Error

16. As an overall assessment of the book, plea.o;c point out

(i) strong points of the book.

(ii) weak points of lhc book.

-
Minister
Legislature
Sabha . · Minister
Executive
ney Prime Lok
uditor President
Court Sabha
Minister Compt
vern or
Gener Minister
and Genera
ecutive Supreme
Chief

Chief