The Constitution of India has made alternate provision for the structure and functioning of all the three branches of the government i.e. executive, legislature and judiciary.
The President, the Council of Ministers with Prime Minister constitute the executive branch of the Government, the Parliament with its two houses - House of the People or Lok Sabha and Council of States i.e. Rajya Sabha is the legislative branch and the Supreme Court heads the judicial branch.
The President
In the Preamble of Indian Constitution, it has been said that India is a Sovereign, Democratic, Socialist, Secular, Republic. A Republic is a government where the head of the State is an elected person. He or She is indirectly elected by an electoral college which consists of the elected members of both the houses of Parliament as well as State Legislative Assemblies including Union Territories of Delhi and Pudduchery.
Powers of the President
The President is Head of the State. It is the highest public office in the country. All executive actions of the government of India are carried out in his or her name. Following are the powers of the President:
- Executive powers: President of India has the power to appoint Prime Minister, Council of Ministers, the Attorney General of India, the Comptroller and the Auditor General of India, Chief justice of Supreme court and other judges, heads of the three wings of forces, etc.
- Legislative power: President is part of the Parliament. He or she summons and prorogue the sessions of the Parliament. No bill can become law without his or her consent. He or she can issue an Ordinance.
- Financial powers: No Money Bill can be introduced in Lok Sabha without his or her consent. Annual Budget is introduced on his or her recommendation. Appoints Finance Commission after every five years.
- Judicial Power: President of India has the powers to grant pardon or to reduce the punishment of a convict.
The Prime Minister
The Prime Minister is the most important functionary at the Central Government. In the Constitution of India, it has been mentioned that there shall be a Council of Ministers with the Prime Minister at the Head to aid and advice the President who shall act according to that advice. The Prime Minister is the real head of the Union Government.
- The Prime Minster is appointed by the President, but the President has to invite only that person to be the Prime Minister, who is the leader of the majority party or coalition in the Lok Sabha.
- With the initiation of the phase of coalitions, he or she may be the leader of a group of more than one political party.
- In the changed situation, the President may invite the person who is the leader elected by the political party that has the largest number of seats in the Lok Sabha.
- He or she must be a member either of Lok Sabha or Rajya Sabha.
- If he or she is not a member of any house, he or she has to acquire it within six months from the date of his or her appointment as PM.
Union Council of Ministers
- The Ministers are appointed by the President on the recommendations of the Prime Minster.
- The Council of Ministers has three categories of Ministers - Cabinet Ministers, Ministers of State and Deputy Ministers.
- Ministers are responsible collectively as well as individually to the Lok Sabha.
- The Council of Ministers swim and sink together.
- The decision of the cabinet or council of ministers are kept secret.
- The cabinet meeting is attended by cabinet ministers, however, if need be, Minister of state may also be invited to attend such meetings.
Union Parliament
The legislative branch of the Union Government is called the Parliament which consists of the President and the two houses known as the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The House of the People is the lower house and the Council of States is the upper house.
Lok Sabha
The members of the Lok Sabha are directly elected by the people of India. The number of its members cannot exceed 550. Out of these, 530 are directly elected by the people of the States, and the remaining 20 members are elected from the Union Territories. All the citizens who are 18 years of age and above have the right to vote. If the Anglo-Indian Community is not represented, the President can nominate two persons of this community as members.
Rajya Sabha
The maximum number of members of this house cannot exceed 250. Out of these, 238 members represent the States and Union Territories and 12 members are nominated by the President of India. These nominated members are distinguished persons in the field of literature, art, science and social service. The elected members of Rajya Sabha are elected by the State Legislative Assemblies, according to the system of proportional representation the method of single transferable vote.
The tenure of Lok Sabha is 5 years where as that of member of Rajya Sabha is 6 years. 1/3 members of Rajya Sabha retire every two years and new members are elected. The retiring members can be re-elected. It is a permanent house.
Functions of the Parliament
The Parliament is the supreme legislative body. It performs different kinds of functions.
Legislative Functions
- Parliament is a law making body. It legislates on the subjects mentioned in the Union List and the Concurrent List.
Executive Functions
- Council of Ministers is the real executive which implements different laws and policies of the government.
Financial Functions
- The Parliament is the custodian of the public money. It controls the entire purse of the Union government.
- The Parliament may pass, reduce or reject the demands for grants presented to it by the government.
- No taxes can be collected and no expenditure can be made without the approval of the Parliament.
Judicial Functions
The Parliament is empowered to prescribe the number of Judges of the Supreme Court by law.
It is also authorised to establish a common High Court for two or more States; or even to constitute a High Court even for a Union Territory.
Miscellaneous Functions
- The Parliament has the power to remove the President and the Vice President by a special majority of votes. (This process is called Impeachment)
- It has the power to amend the Constitution.
Comparative Position of Both Houses of Parliament
In a bicameral parliamentary system the lower house always plays a more important role than the upper house. In India also Lok Sabha is more powerful than Rajya Sabha.
- Lok Sabha is directly elected i.e. true representative of the people of India. On the other hand Rajya Sabha is indirectly elected.
- Lok Sabha is elected for a definite period i.e. 5 years where as Rajya Sabha is a permanent body.
- In case of an ordinary bill, both the Houses have equal powers. However, in case of a conflict between the two, Lok Sabha with 550 members has an upper hand.
- As regards the control over the Council of Ministers, Lok Sabha is more effective. Lok Sabha through the vote of 'no confidence' can dislodge the Council of Ministers. Rajya Sabha can check Council of Ministers through questions and adopting various motions.
- Lok Sabha and Rajya Sabha have almost similar powers in relation to election of President and Vice President, impeachment or removal of the President, Vice President, Chief Justice and Judges of Supreme Court and Hight Court.
- So far as the financial matters are concerned, Lok Sabha again has an upper hand. Rajya Sabha can only delay the passage of money bill or can only debate on the Annual Budget. But it cannot stop it from becoming law.
- Rajya Sabha may create a new All India Service or declare a subject of the State list to be of national importance consequently transferring it to Union List.
Supreme Court
India has a unified judiciary, wherein the Supreme Court is the Apex Court.
Original Jurisdiction
The Supreme Court has the authority to hear directly certain cases. These are like the:
- Disputes between the Union Government and one or more State Governments.
- Disputes between two or more States.
Appellate Jurisdiction
The power of a superior or higher court to hear and decide appeals against the judgment of the lower court is called appellate jurisdiction. The Supreme Court is a court of appeal for constitutional, civil and criminal cases.
Advisory Jurisdiction
The Supreme Court has a special advisory jurisdiction in matters which may specifically be referred to it by the President of India.
The Supreme Court is a court of record. The records of the Supreme Court, in matters of interpretation of the law or of the Constitution, have to be accepted when produced before the lower courts.
Guardian of the Constitution
- As the interpreter of the Constitution, the Supreme Court has the power to protect and defend the Constitution.
- If any law or executive order is against the Constitution, the same can be declared unconstitutional or invalid by the Supreme Court.
Judicial Review
The Supreme Court of India has the power to examine the validity of laws or executive orders. The Supreme Court has the powers to interpret the Constitution, and through this it has assumed the power of Judicial Review.
Judicial Activism and Public Interest Litigation
Judicial Activism has been defined as innovative interpretation of the Constitution. In India it has enjoyed support from the public, because it has concentrated on giving the disadvantaged the access to justice.
Public Interest Litigation has often been used on behalf of people who are poor or disadvantaged and do not have the means to approach the Court. With Judicial Activism and PIL, courts have given judgments on pollution, the need for a Uniform Civil Code, eviction of unauthorised buildings, stopping child labour in dangerous occupations, and on any other issues.