Class 9 Social Science Notes Chapter 5 (Working of institutions) – Democratic Politics Book

Alright class, let's focus on Chapter 5, 'Working of Institutions'. This is a crucial chapter, not just for your exams but also for understanding how our country, India, actually functions on a day-to-day basis. A democracy isn't just about people electing their rulers; it's about how those rulers work within a set framework of institutions. These institutions ensure that decisions are made, implemented, and disputes are resolved according to established rules and procedures.

Detailed Notes: Working of Institutions (Class 9 NCERT - Democratic Politics)

1. How is a Major Policy Decision Taken? The Example of the Mandal Commission

• Context: To understand how institutions work, the chapter uses the example of the Government Order providing 27% reservation for Socially and Educationally Backward Classes (SEBCs) in government jobs.

• The Decision Makers: This single decision involved multiple institutions:

  • The Mandal Commission (Second Backward Classes Commission): Appointed by the government (Janata Party govt in 1979) to identify SEBCs and recommend steps for their advancement. It submitted its report in 1980, recommending 27% reservation.
  • The Cabinet (Political Executive): The decision to implement the Mandal report recommendation was formally taken by the Union Cabinet, headed by the Prime Minister (V.P. Singh government in 1990). This highlights the role of the political executive in making major policy decisions.
  • The Prime Minister: As head of the government, the PM played a key role in persuading the cabinet and announcing the decision.
  • The Parliament: While the decision was taken by the Cabinet, it was discussed extensively in Parliament. The government had to justify its decision. Parliament didn't pass a specific law for this reservation initially (it was an Order based on existing constitutional provisions), but parliamentary support or opposition is crucial for any government policy.
  • The President: The President is the Head of State. Major policy decisions are issued in the President's name, although the actual decision is taken by the Cabinet. The President's address to Parliament often outlines government policy.
  • The Civil Servants (Permanent Executive): Senior civil servants drafted the Office Memorandum (O.M. No. 36012/31/90-Estt(SCT), dated August 13, 1990) based on the Cabinet's decision. They are responsible for implementing the decisions.
  • The Supreme Court (Judiciary): The decision was challenged in the Supreme Court (Indira Sawhney & Others vs Union of India case, 1992). The Court declared the reservation order valid but asked the government to modify the original order (e.g., exclude the 'creamy layer'). This shows the judiciary's role in interpreting the law and constitutionality of government actions.

• Key Takeaway: Major decisions involve a chain of institutions, each playing a specific role, providing checks and balances.

2. Need for Political Institutions

• Why Institutions? Governing a country involves diverse tasks. Institutions are arrangements/procedures to perform these tasks:
  • Formulating Laws and Policies: Institutions like Parliament make laws.
  • Implementing Decisions: Institutions like the Executive (government ministries, civil servants) implement these laws and policies.
  • Resolving Disputes: Institutions like the Judiciary resolve disputes between citizens, between citizens and government, or between governments.
• Benefits of Institutions:
  • Prevent Hasty Decisions: They involve rules, procedures, and meetings, causing delays but ensuring wider consultation and reducing the chance of bad decisions.
  • Provide Stability and Continuity: Governments and rulers change, but institutions provide a stable framework based on rules, ensuring continuity.
  • Define Powers and Limits: They clearly define the powers and limitations of different organs of the government, preventing concentration of power.

3. Parliament (The Legislature)

• Why Need a Parliament? In democracies, an assembly of elected representatives exercises supreme political authority on behalf of the people. In India, this is Parliament.

  • Final Law-Making Authority: Parliament is the supreme law-making body. It can make new laws, change existing ones, or abolish them.
  • Control Over Government: It exercises control over those who run the government (the executive). No decision can be taken without Parliament's support. In India, the government is directly accountable to the Lok Sabha.
  • Control Over Finances: Parliament controls the government's finances. The government budget can only be implemented after Parliament's approval.
  • Forum for Discussion and Debate: It is the highest forum for public discussion and debate on national policies and issues.
  • Constituent Powers: Can amend the Constitution (within limits).
  • Elective Functions: Elects the President and Vice-President of India.

• Two Houses of Parliament: Most large democracies divide the role of Parliament into two Houses (bicameral legislature). In India:

  • Lok Sabha (House of the People):
    • Election: Directly elected by the people from territorial constituencies.
    • Term: 5 years (can be dissolved earlier).
    • Powers: Exercises 'real' power.
      • Any ordinary law needs to be passed by both Houses, but in case of disagreement, a joint sitting is held where Lok Sabha's view usually prevails due to its larger size.
      • Exercises more power in money matters (Money Bills can only originate in Lok Sabha; Rajya Sabha can only delay it by 14 days or suggest changes, which Lok Sabha may or may not accept).
      • Controls the Council of Ministers. Only a person enjoying the support of the majority in the Lok Sabha is appointed PM. If Lok Sabha passes a 'no-confidence motion', the entire Council of Ministers (including the PM) has to resign.
    • Composition: Maximum strength fixed at 552 (currently 543 elected + provisions for 2 nominated Anglo-Indians removed by 104th Amendment).
  • Rajya Sabha (Council of States):
    • Election: Elected indirectly by the elected members of the State Legislative Assemblies (MLAs).
    • Term: Permanent House (cannot be dissolved). Members elected for 6 years, with one-third retiring every two years.
    • Powers:
      • Represents the interests of the states.
      • Reviews and alters laws initiated by Lok Sabha.
      • Initiates legislation (except Money Bills).
      • Special powers: Can give Parliament the power to make laws on matters in the State List (Article 249). Can authorize creation of new All-India Services (Article 312).
    • Composition: Maximum 250 members (238 elected representatives of states/UTs + 12 nominated by the President for expertise in literature, science, art, social service).

4. Political Executive

• Definition: At different levels of government, we find functionaries who take day-to-day decisions but do not exercise supreme power on behalf of the people. All those functionaries are collectively known as the executive. They are responsible for the 'execution' of laws and policies passed by the legislature.

• Political vs. Permanent Executive:

  • Political Executive: Elected by the people for a specific period (e.g., Prime Minister, Council of Ministers). They make major policy decisions because they have the people's mandate. They are answerable to the people.
  • Permanent Executive (Bureaucracy/Civil Services): Appointed on a long-term basis through competitive exams. They remain in office even when the ruling party changes. They assist the political executive in carrying out day-to-day administration and implementing policies. They possess expertise but are politically neutral and work under the political executive.

• Prime Minister (PM) and Council of Ministers (CoM):

  • Appointment: The President appoints the leader of the majority party or coalition of parties that commands a majority in the Lok Sabha as the Prime Minister. The President appoints other ministers on the advice of the PM.
  • Council of Ministers (CoM): This is the official name for the body that includes all ministers (usually 60-80). It includes:
    • Cabinet Ministers: Top-level leaders of the ruling party/parties, in charge of major ministries. They meet regularly as the 'Cabinet' to take decisions. The Cabinet is the 'inner ring' (about 25 ministers) and the core decision-making body.
    • Ministers of State with Independent Charge: Usually in charge of smaller ministries. Participate in Cabinet meetings only when specially invited.
    • Ministers of State: Attached to and required to assist Cabinet Ministers.
  • Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha. If a no-confidence motion is passed against the government, all ministers have to resign. This ensures cohesion and unity.
  • Powers of the Prime Minister:
    • Head of the Government.
    • Chairs Cabinet meetings.
    • Coordinates the work of different Ministries.
    • Exercises general supervision over different ministers. His decisions are final in case of disagreements.
    • Distributes and redistributes portfolios (ministries) among ministers.
    • Can dismiss ministers.
    • If the PM resigns or dies, the entire ministry resigns.
    • Link between the President and the Cabinet.
    • Leader of the nation and usually the leader of the majority party.

• The President:

  • Role: Head of the State. Exercises only nominal powers. Functions are mainly ceremonial.
  • Election: Elected indirectly by an electoral college consisting of elected MPs (Lok Sabha & Rajya Sabha) and elected MLAs of states and UTs (Delhi, Puducherry).
  • Powers:
    • All governmental activities take place in the name of the President.
    • All laws and major policy decisions are issued in her/his name.
    • Appoints the PM, CoM, Chief Justice of India, Judges of Supreme Court and High Courts, Governors, Election Commissioners, Ambassadors, etc.
    • Supreme Commander of the Defence Forces.
    • International treaties are made in the President's name.
    • Must give assent to Bills passed by Parliament for them to become law (can send non-money bills back once for reconsideration).
    • Appoints the leader of the majority coalition as PM.
  • Limitations: The President exercises most powers only on the advice of the Council of Ministers headed by the PM.
  • Discretionary Power: The President uses discretion when no single party or coalition gets a clear majority in Lok Sabha elections. The President appoints a leader who in her/his opinion can muster majority support, and asks them to prove majority on the floor of the House within a specified time.

5. The Judiciary

• Role: An independent institution responsible for interpreting the Constitution and laws, settling disputes, and upholding the rule of law.

• Independence of Judiciary: Crucial for democracy. It means the judiciary is not under the control of the legislature or the executive. Judges can act impartially.

  • How is Independence Ensured?
    • Appointment: Judges of the Supreme Court and High Courts are appointed by the President on the advice of the PM and in consultation with the Chief Justice of India (CJI). In practice, senior judges of the Supreme Court select new judges (collegium system), reducing political interference.
    • Removal: Difficult process. A judge can be removed only through impeachment by Parliament (requires special majority in both Houses) on grounds of proven misbehaviour or incapacity.
    • Security of Tenure & Fixed Service Conditions: Judges have a fixed tenure and their salaries/allowances cannot be reduced to their disadvantage during their term.
    • Separation of Powers: Judiciary's powers are distinct from the executive and legislature.

• Powers of the Judiciary (especially Supreme Court & High Courts):

  • Dispute Resolution: Settles disputes between citizens, citizens and government, two or more state governments, and between the Union and state governments.
  • Judicial Review: The Supreme Court and High Courts can review laws passed by the legislature or actions taken by the executive. If they find any law or action violates the Constitution, they can declare it invalid (unconstitutional).
  • Guardian of Fundamental Rights: Citizens can approach the courts (Supreme Court directly under Article 32, High Courts under Article 226) if their Fundamental Rights are violated. The courts can issue writs (like Habeas Corpus, Mandamus) to restore these rights.
  • Advisory Jurisdiction (Supreme Court): Can advise the President on matters of law or fact (Article 143), though the advice is not binding.
  • Appellate Jurisdiction: Acts as the highest court of appeal in civil and criminal cases from High Courts.

• Integrated Judiciary: India has an integrated judicial system. The Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts.

Conclusion:

These institutions – Legislature (Parliament), Executive (Government), and Judiciary – work together, often acting as checks on each other. This system of checks and balances ensures that no single institution becomes too powerful and that democracy functions effectively according to the Constitution. Understanding their roles and interactions is key to understanding Indian democracy.

Multiple Choice Questions (MCQs) for Practice

1. The decision to provide 27% reservation for SEBCs in government jobs was formally taken by which institution?
   a) Parliament
   b) Supreme Court
   c) The President
   d) The Union Cabinet

2. Which body is considered the final authority for making laws in India?
   a) The Supreme Court
   b) The President
   c) The Parliament
   d) The Prime Minister's Office

3. What is the main difference in powers between Lok Sabha and Rajya Sabha regarding Money Bills?
   a) Only Rajya Sabha can introduce Money Bills.
   b) Lok Sabha has more power; Rajya Sabha can only delay it for 14 days.
   c) Both houses have equal power over Money Bills.
   d) Money Bills require approval only from the President.

4. Civil servants belong to which category of the executive?
   a) Political Executive
   b) Temporary Executive
   c) Permanent Executive
   d) Judicial Executive

5. Who appoints the Prime Minister of India?
   a) The Chief Justice of India
   b) The outgoing Prime Minister
   c) The President
   d) The Speaker of Lok Sabha

6. The Council of Ministers is collectively responsible to which house?
   a) Rajya Sabha
   b) Lok Sabha
   c) Both Lok Sabha and Rajya Sabha
   d) The President

7. Who is the Head of the State in India?
   a) Prime Minister
   b) President
   c) Chief Justice of India
   d) Speaker of Lok Sabha

8. The power of the judiciary to declare a law unconstitutional if it violates the Constitution is known as:
   a) Judicial Activism
   b) Judicial Review
   c) Judicial Oversight
   d) Judicial Inquiry

9. How is the independence of the judiciary primarily maintained in India?
   a) By allowing judges to be members of political parties.
   b) By making the appointment and removal process of judges difficult and free from executive pressure.
   c) By placing the judiciary under the direct control of Parliament.
   d) By allowing the executive to reduce the salary of judges.

10. What does SEBC stand for in the context of the Mandal Commission?
    a) Socially Employed and Backward Castes
    b) Senior Executive and Bureaucratic Cadre
    c) Socially and Educationally Backward Classes
    d) State Employed and Below Classification

Answers to MCQs:

1. d) The Union Cabinet
2. c) The Parliament
3. b) Lok Sabha has more power; Rajya Sabha can only delay it for 14 days.
4. c) Permanent Executive
5. c) The President
6. b) Lok Sabha
7. b) President
8. b) Judicial Review
9. b) By making the appointment and removal process of judges difficult and free from executive pressure.
10. c) Socially and Educationally Backward Classes

Make sure you revise these points thoroughly. Understanding the roles, powers, and interrelations of these institutions is fundamental for your exams and for being an informed citizen. Let me know if any part needs further clarification.