INDIAN POLITICAL SYSTEM

Nature of Indian Political System

India follows the dual polity system, i.e. a double government (federal in nature) that consists of
the central authority at the centre and states at the periphery. The constitution defines the
organizational powers and limitations of both central and state governments, and it is well
recognized, rigid and considered supreme; i.e. the laws of the nation must confirm to it.
There is a provision for a bicameral legislature consisting of an upper house, the Rajya
Sabha (Council of States), which represents the states of the Indian federation, and a lower
house, the Lok Sabha (House of the People), which represents the people of India as a whole.
The Indian constitution provides for an independent judiciary, which is headed by the Supreme
Court.

Sources of the Indian Constitution

 The Constitution of India is the backbone of democracy in our country. It is an umbrella of
rights that gives the citizens an assurance of a free and fair society.
 The Constituent Assembly adopted the Constitution on 26th November 1949 and it came
into effect on 26th of January 1950.

Government of India Act 1935

The Constitution of 1950 was a by-product of the legacy started by the Government of India Act
1935. This was the longest act passed by the British government with 321 sections and 10
schedules. This act had drawn its content from four sources – Report of the Simon Commission,
discussions and deliberations at the Third Round Table Conference, the White Paper of 1933 and
the reports of the Joint select committees.

This act abolished the system of provincial diarchy and suggested the establishment of diarchy at
the centre and a ‗Federation of India‘ consisting of the provinces of British India and most of the
princely states.

Most importantly, the act established the office of the Governor; all the executive powers and
authority of the centre was vested in the Governor.

Some features of the Government of India Act 1935 were:

 Federal Legislature: The act suggested that the legislature will have two houses, i.e., the
Council of States and a Federal Assembly. The Council of States was the upper house
 which was a permanent body with tenure of three years and composed of 260 members of
whom 156 were representatives of British India and 101 of the Princely Indian states. The
Federal Assembly was the lower house with a tenure expanding up to five years and its
composition included 250 representatives of British India and 125 members from Princely
states.
 Provincial Autonomy: This act enabled the Provincial Governments to be responsible only
to Provincial Legislatures and helped them break free from external control and intrusion. It
was with the establishment of this act that the powers between the centre and provinces were
divided in terms of three lists – Federal list (59 items for the Centre), Provincial list (54
items for Provinces) and Concurrent list (36 items for both). The Residuary powers were
handed over to the Viceroy.

Major Sources of Indian Constitution

Provisions Source/country

 Preamble
 Fundamental Rights
 Federal structure of government
 Electoral College
 Independence of the judiciary and separation
Constitution of the United States
of powers among the three branches of the
government
 Judicial review
 President as Supreme Commander of Armed
Forces
 Equal protection under law

 Parliamentary form of government

 The idea of single citizenship

British constitution  The idea of the Rule of law

 Writs
 Institution of Speaker and his role
  Lawmaking procedure
 Procedure established by Law

 A quasi-federal form of government —

a federal system with a strong central
government

Canadian constitution  Distribution of powers between the central

government and state governments
 Residual powers retained by the central
government

 Directive Principles of State Policy

Irish constitution (Ireland)  Nomination of members to Rajya Sabha

 Method of Election of President

 Republic and the ideals of Liberty, Equality

French constitution and Fraternity in the Preamble

 Freedom of trade and commerce within the

country and between the states
 Power of the national legislature to make laws
Australian constitution for implementing treaties, even on matters
outside normal Federal jurisdiction
 Concurrent List

 Fundamental Duties under Article 51-A

 A Constitutionally mandated Planning
Constitution of Soviet Union (USSR)
Commission to oversee the development of the
economy
  Procedure for amendment
Constitution of South Africa
 Election of Rajya Sabha members

 Emergency powers to be enjoyed by the Union

Constitution of Germany  Suspension of Fundamental Rights during
emergency.

 Fundamental Duties
Constitution of Russia  Idea of Social, Economic, and Political Justice
in Preamble

Constitution of Japan  Procedure Established by Law

 Federal Scheme
 Emergency Provisions
 Public Service Commissions
Government of India Act 1935
 Office of Governor
 Judiciary
 Administrative Details

Features of Indian Political System:

India, i.e. Bharat, as stated in her constitution is a ‗Union of States‘ and follows a democratic
parliamentary system of governance. Naturally, the features of Indian political system are
varied. The well developed and fully evolved form of democracy that we witness today in
India has taken a long span of time to be matured. It has seen both ups and downs, but has
managed to survive successfully. We know that there are many factors which worked for the
success of India‘s democracy. But here we put light on merely the most cardinal factors
which directly helped India to preserve their democratic government in the last few decades.

The features of Indian political system are as follow;

1. Panchayat System: One of the salient features of Indian political system, The
Panchayat system of ancient India helps the people of India to cope with the culture
of democracy. Panchayat means a council of five and it usually refers to a village
council which may or may not have five members- which has a great deal to say
about the life of people of village in social, religious, economic and political matters.
Officially speaking, the panchayat is today the lowest and in a sense the most basic-
unit of self government in india. Today, there exists a three-tier Panchayat System in
India, gram panchayat at the village level, panchayat samiti at the block level and zila
parishad at the district level.
2. Federalism: The second feature of Indian political system is federalism. In India, the
centre largely depends on the states for implementing many of public policies which
encourages decentralization process. The term ‗federation‘ has nowhere been used in
the Constitution. Instead, Article 1 of the Constitution describes India as a ‗Union of
States‘. The Constitution establishes a dual polity consisting of the Union at the
Centre and the states at the periphery. Each is endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution. The
Constitution divided the powers between the Centre and the states in terms of the
Union List, State List and Concurrent List in the Seventh Schedule. Both the Centre
and the states can make laws on the subjects of the concurrent list, but in case of a
conflict, the Central law prevails. The residuary subjects (ie, which are not mentioned
in any of the three lists) are given to the Centre. In this manner, federalism helps the
Indians to handle the problems of multi-culture, multi-language and different
religions successfully and strengthen the democracy of India.
3. Electoral Practice: India ensured the voting right of people of India by
the Constitution of the India which is supreme law of the country. The framers of the
Constitution of India described about election of India in the Part XV, Articles 324 to
329 of the Constitution. The article 326 says that elections to the House of the People
and to the Legislative Assemblies of States to be on the basis of adult suffrage.
Moreover, the Indian government or leaders always arrange the elections after the
said tenure. In this approach people always get chance to exercise their power or to
choose their favorite candidate. Not only this but also the Indian government or
leaders always showed due respect toward the verdict of the election. India always
encouraged electoral practices and showed proper respect toward the verdict of the
mass. This thing increases the political awareness of the people and they realize that
they have an important role to play in the politics. So, it helps to boost the political
participation of the people of India. Thus, since the independence of India the
participation of the people is always growing.
4. Multi-Party System: India is known for its multi party system. It is a crucial feature
of Indian political system. There are many parties in India ranging from 6 National
 Political parties and more than 48 state parties and many registered regional parties.
The multiparty system in India make unique in the world. In Indian political system
one can find the rightist, centrist, leftist, regional, even local political parties to deal
with the political issues. In the 1990‘s there was a different kind of set up emerged in
the national and state level political parties which is called as Coalition Party system
which is prevalent in 2014 national elections (coalition among NDA members such as
Shiv sena, BJP, RPI, LJP etc) and many state level elections such as Maharashtra
(coalition between shiv sena & BJP), J&K (coalition between PDP & BJP). The
political parties are not democratically elected and represented with the system of
Indian politics. As the hierarchy system of kinship goes on its rightist, leftist, centrist
or whosoever parties it is. E.g. Within congress domination of Nehru-Gandhi Family,
yadav‘s domination in Samajwadi party, RJD, In BJP L.K. Advani & A. B. Bajpayee
etc. These political parties are established basically on the similar ideologies of Roti,
Kapada, Makan, Bijli, Pani etc i.e. Food, clothes, house, Water, electricity etc.
5. Written Constitution: The Constitution is not only a written document but also the
lengthiest Constitution of the world. Originally, it contained a Preamble, 395 Articles
(divided into 22 Parts) and 8 Schedules. At present (2013), it consists of a Preamble,
about 465 Articles (divided into 25 Parts) and 12 Schedules. It specifies the structure,
organization, powers and functions of both the Central and state governments and
prescribes the limits within which they must operate. Thus, it avoids the
misunderstandings and disagreements between the two. This constitution clearly
describes about the nature of the Republic, the organization and powers and mutual
relations of the Centre and the States, the Fundamental rights of the citizens (Articles:
13 to 35), the directive principles of State policy (Articles: 36 to 51), and so on. This
constitution spells out almost all pros and cons of functions of the country.
6. Independence of Supreme Court: At present, the independence of Judiciary is
considered crucial feature of the democratic country. According to the constitution the
Supreme Court of India was to consist of a Chief Justice and not more than seven
other judges. The Supreme Court of India has gained a respectable position in the
Indian political system. Its many decisions and interpretation have been played a great
role in maintaining the stability of democracy in India. Many of its most important
judgments on constitutional issues have related to the interpretation of Article 14,
guaranteeing equality before the law, Article 19, guaranteeing important freedoms to
the individual, and Article 31, regarding property rights. Therefore, without any doubt
we can say that the Indian Supreme Court performs its role as perfect guardian of the
country and guide the all democratic institutions in the right path of democracy to
enhance the stability of democracy in India.
7. Loyalty of Military to government: In maintaining a democratic system of
government intact in India the loyalty of military toward the government plays a
 cardinal role. Because most of the states in the third world, in-fact more than two-
thirds of these states have experienced military intervention already and many more
are likely to do so in the near future. But in the formidable period India as a new
democratic state never taken over by their military which undoubtedly strengthen the
democracy of India. Besides this all the military barracks of India are situated in the
border regions, because of this thing Indian military could not easily intervene in the
political issues of the country. Hence Indian military is in heir from the British
military, it is always loyal to the government alike to the British military to crown.
Subsequently being originated from the British military the Indian military bears the
strong culture of discipline and obedience. This culture guides the Indian military to
perform their prime role and duty which increase the development of democracy in
India.

INDIAN POLITICAL SYSTEM

India is a Sovereign, Secular, Democratic Republic with a Parliamentary form of Government.
The Constitution was adopted by the Constituent Assembly on 26th November 1949 and came
into force on 26th November 1950. The Constitution advocated the trinity of justice, liberty and
equality for all the citizens. The Constitution was framed keeping in mind the socioeconomic
progress of the country. India follows a parliamentary form of democracy and the government is
federal in structure.

In Indian political system, the President is the constitutional head of the executive of the Union
of India. The real executive power is with the Prime Minister and the Council of Ministers.
According to the Article 74(1) of the constitution, the Council of Ministers under the leadership
of the Prime Minister is responsible to aid and assist the President in exercising the Presidents
function. The Council of ministers is responsible to the Lok Sabha, the House of People. In states
the Governor is the representative of the President, though the real executive power is with the
Chief Minister along with his Council of Ministers. The Constitution administrates the sharing of
legislative power between Parliament and the State Legislatures. The Parliament has the power
to amend the Constitution.

President of India
The President of India is the constitutional head of India and is the supreme commander of the
nation‘s armed forces. The President is elected by members of an Electoral College consisting of
elected members of both the Houses of Parliament and Legislative Assemblies of the states, with
suitable weight age given to each vote. His term of office is for five years. Among other powers,
the President can proclaim an emergency in the country if he is satisfied that the security of the
country or of any part of its territory is threatened by the following situations; A war or external
aggression, an armed rebellion within the country, collapse of state machinery, in terms of
economic and political crisis. Hence when there is a failure of the constitutional machinery in a
state, the President can assume all or any of the functions of the government of that state.

POWERS AND FUNCTION OF INDIAN PRESIDENT:

The constitutional powers and functions of the President of India may be classified into six
principal types.

Executive Functions

1. Head of the Union: The President is at the head of the Union Executive. Consequently,
all executive powers are exercised in his name. The executive power of the Union to be
exercised by the President is extended to the matters with respect to which Parliament has
power to make laws and to conclude treaty and agreement.

2. Appointments: As head of the executive, the President appoints the Governors of States, the
Judges of the Supreme Court and the High Courts, the Auditor General of India and many other
high officials, such as the members of Finance Commission, Election commission, Union Public
commission etc.

3. Appointment of the Prime Minister and other Ministers: The President also appoints the
Prime Minister and with his advice the other Ministers of the Union Council of Ministers. But
here too, as in all other appointments, the President can seldom use his discretion. He is,
ordinarily, duty-bound to summon the leader of the political party which secures an absolute
majority in the Lok Sabha to become the Prime Minister and form the Ministry. He does enjoy
some discretionary powers in the matter only under exceptional circumstances. When no single
political party wins a clear absolute majority and, as a result, no Council of Ministers can be
formed without a coalition of parties the President can exercise his discretion judiciously in
appointing the Prime Minister. Such situations developed in the past.
India has entered into an age of coalition politics. And it may so happen that no single party will
be able to secure an absolute majority, and the President may be required to exercise his
discretionary power for some time to come, in appointing Prime Minister.

4. Can ask to prove Majority in Lok Sabha: Union Council of Ministers normally remains in
office for five years, unless dissolved earlier for any reason. The President must be satisfied that
the Council of Ministers enjoys the confidence of the majority of the Lok Sabha. In case of any
doubt he can ask the Council of Ministers to prove its majority in the Lok Sabha, as the Prime
Ministers Sri H.D. Deve Gowda was asked by the President after the official withdrawal of
support by the Congress Party from Ministry. The President can also dissolve the Union Council
of Ministers in accordance with Article 75(2) of the constitution, if he finds that the Ministry
does not enjoy the support of the majorities in the Lok Sabha.

5. Supreme Commander: As head of State, the President is the supreme Commander of the
Armed Forces of India and is entitled to declare war or conclude a treaty.

Legislative Powers and Functions

1. President is a part of Parliament: The Union Legislature or Parliament consists of the

President and two Houses of Parliament. The President is, therefore, an integral part of Union
Legislature. He shall summon from time to time, either separately or jointly, the Houses of
Parliament. The President can prorogue the Houses or either House of Parliament and, if
necessary, can dissolve the lower Chamber of Parliament, the Lok Sabha. For example, the
President solved the twelfth Lok Sabha in early 1999 when the confidence motion in favour your
of the Vajpayee government was lost in the Lok Sabha.

2. Summons and Addresses Parliament: The President may address either or both House of
Parliament. In such address, at the first session after general election to the Lok Sabha and at
beginning of a joint session of Parliament each year, he may place the reasons for summoning it.
Apart from addressing Parliament, the President may also, in case of necessities, send messages
to either House, or to both Houses [Article 86(2)]. Normally, the President does not send such a
message, unless however, he has a serious disagreement with the Council of Ministers.

3. Nomination: The President nominates a number of members in both Houses. The chief
purpose of the nomination is to ensure adequate representation in Parliament of all sections of
population which many not always be achieved through elections.

4. Power in respect of Bills: The President has certain functions in respect of passing of a Bill.
A bill passed by both the Houses of Parliament requires his assent in order to become an Act. He
may give his assent to a bill or can withhold assent when a bill, after getting approved in both the
Houses, is placed before the President. But, if Parliament, acting on President‘s refusal to assent
to a bill, passes it again with or without amendment, for the second time and presents it to the
President for his approval, the President shall not withhold his assent there from under Article
111. In other words, it becomes obligatory upon him to give his assent.
In certain cases, prior sanction of the President is required for initiating any legislation. For
instance, bill for formation of a new State or altering the boundaries of the existing State or
States is to be placed before Parliament with prior approval of the President. Money bill is
another example where obtaining of such approval of the President is a constitutional necessity.
5. Bill passed by a State Legislature: A bill passed by a State Legislature may also be reserved
for the consideration of the President by the Governor of that State. The President enjoys this
right in relation to a bill passed by a State Legislature only in such cases where those are referred
to him by the Government of a State under Article 200.

Power to Promulgate Ordinances

Except when both Houses of Parliament are in session, the President may promulgate such
Ordinances as the circumstances appear to him to require (Article 123). Such an ordinance can
have the same force and effect of an Act of Parliament. Such an ordinance shall cease to operate
unless passed by both Houses of Parliament within the stipulated period. A.K. Roy vs. Union of
India (1982) illustrates the proposition that the satisfaction of the President must be as to the
existence of a situation which makes it necessary for the President to promulgate such on
Ordinance.
The more controversial and debatable legislative power of the President has always been the
Ordinance Making Power. Usually the power to make the laws rests with the Parliament.
However, special power on the President empowering him to promulgate ordinances when the
Parliament is not in session and the circumstances are such which require immediate action. An
ordinance cannot be promulgated when both the houses of parliament are in session However it
may be passed when only one house is in session the reason being that a law cannot be passed by
only one house and thus it cannot meet a situation calling for immediate legislation. This power
granted to the President in the Indian Constitution is unique and no such power has been
conferred upon the executive in Britain or the USA.
In justification of the inception of the Ordinance Making power in the Constitution Dr Ambedkar
said that there might be a situation of emergency when the Houses of the parliament are not in
session. It is important that this situation should be dealt with and it seems to me that the only
solution is to confer upon the President the power to promulgate the law which will enable the
executive to deal with that particular situation because it cannot resort to the ordinary process of
law because the legislature is not in session.

Financial Powers and Functions

The President of India also exercises financial powers. No money bill can be introduced in
Parliament without the recommendations of the President. According to the Constitution of
India, the Annual Financial Statement is placed by the President before both the Houses of
Parliament. This statement shows the estimates of revenue and expenditure of the central
Government for the next year. It may be pointed out that the proposal for taxation and
expenditure cannot be made without the approval of the President. . No proposal for spending
money or raising revenues for purposes of government can be introduced in Parliament without
previous permission of the President.

Emergency Powers of the President

The constitution of India empowers the President to proclaim three kinds of Emergencies:
1.National Emergency (Art. 352);
2. Emergency for failure of Constitutional Machinery in a State (Art. 356);
3. Financial Emergency (Art. 360)

1. National Emergency
The President of India may issue a Proclamation of National Emergency when the security of
India or any part thereof is threatened by war, armed rebellion or external aggression. Such a
Proclamation of Emergency may remain in force for an indefinite period. During a Proclamation
of National Emergency, the executive power of the States is to be exercised in accordance with
the directions given by the Central Government. Parliament has the power to make laws on the
subjects enumerated in the State List. The right to freedom of speech and expression, freedom to
form association, freedom to practice and profession, etc., embodied in Article 19 shall remain
suspended.

2. Failure of State Constitutional Machinery

In Case of failure of Constitutional machinery in a State, the President of India is authorized to
make a Proclamation to that effect. The maximum duration of this type of emergency is three (3)
years. During such an emergency, the President may assume to himself the executive powers of
the State. The powers of the legislatures of the State are to be exercised by the Union Parliament.

3. Financial Emergency
The President may also issue a Proclamation of Financial if he is satisfied that the financial
stability of India is threatened. This type of emergency may continue to remain in force for an
indefinite period. The Central Government may give directions to the States for canons of
financial propriety. All money-bills passed by the State Legislatures are to be reserved for the
consideration of the President.
The President of India grants, pardons, reprieves or remissions of punishment to any person who
has been convicted by a Court of Law.

Diplomatic powers
All international treaties and agreements are negotiated and concluded on behalf of the President.
However, in practice, such negotiations are usually carried out by the Prime Minister along with
his Cabinet (especially the Foreign). Also, such treaties are subject to the approval of the
Parliament. The President represents India in international forums and affairs where such a
function is chiefly ceremonial. The President may also send and receive diplomats, i.e. the
officers from the Indian Foreign Service. The President is the first citizen of the country.

Military powers
The President is the Supreme Commander of the Indian Armed Forces. The President can
declare war or conclude peace, on the advice of the Union Council of Ministers headed by the
Prime Minister. All important treaties and contracts are made in the President's name. He also
appoints the chiefs of the service branches of the armed forces.

Pardoning Powers / Judicial Powers

The President of India grants, pardons, reprieves or remissions of punishment to any person who
has been convicted by a Court of Law. As mentioned in Article 72 of the Indian Constitution, the
President is empowered with the powers to grant pardons in the following situations:
 Punishment is for an offence against Union Law.
 Punishment is by a Military Court
 Sentence is that of death
The decisions involving pardoning and other rights by the President are independent of the opinion of
the Prime Minister or the Lok Sabha majority. In most cases, however, the President exercises his
executive powers on the advice of the Prime Minister and the cabinet

Vice-President
The Vice-President of India is elected by the members of an electoral college consisting of
members of both Houses of Parliament. The method of electing the Vice President is the system
of proportional representation by means of a single transferable vote. He like the President holds
office for five years. The Vice-President also happens to be Ex-officio Chairman of the Rajya
Sabha and presides over its proceedings.

The Council Of Ministers is the supreme governing body in the country and is selected from the
elected members of the Union Government. The Council of Ministers comprises of Cabinet
Ministers, Minister of States and Deputy Ministers. Prime Minister heads the Council of
Ministers and communicates all decisions of the Council of Ministers relating to administration
of affairs of the Union and proposals for legislation to the President. Generally, each department
has an officer designated as secretary to the Government of India to advise the Ministers on
policy matters and general administration. The Cabinet Secretariat has an important harmonizing
role in decision making at the highest level and operates under the bearing of the Prime Minister.

Parliament

The Parliament is the legislative arm of the Union. It consists of the President, Rajya Sabha or
the Upper House and Lok Sabha or the Lower House. All bills to be made into law require the
consent of both the houses of parliament. However, in case of money bills, the Lok Sabha is the
supreme authority.
Rajya Sabha
The Rajya Sabha consists of not more than 250 members. Of these, 233 represent states and
union territories and 12 members are nominated by the President. Elections to the Rajya Sabha
are indirect. Members to the Rajya Sabha are elected by the elected members of Legislative
Assemblies of the concerned states. The members of the Upper House put forth the interests of
their respective state in the Parliament. The Rajya Sabha is not subject to dissolution in contrast
to the Lok Sabha and one third of its members retire every second year.

Lok Sabha
The Lok Sabha is composed of representatives of the people chosen by direct election on the
basis of universal adult franchise. As of today, the Lok Sabha consists of 545 members with two
members nominated by the President to stand for the Anglo-Indian Community. Unless
dissolved under circumstances like failure of the leading party to prove clear majority or a no-
confidence motion, the term of the Lok Sabha is for five years.

POWER AND FUNCTION OF PARLIAMENT

The Parliament of India is a bi-cameral legislature. It consists of two houses- Rajyasabha & Lok
Sabha and President of India. Parliament makes law with the help of its both the chambers. Laws
passed by the parliament and approved by the president are enforced in the whole country.

Its powers and functions can be classified in to following heads:

(1). Legislative powers
(2). Executive powers
(3). Financial powers
(4). Constituent powers
(5). Judicial powers
(6). Electoral powers

1. Legislative Powers:
All the subjects in our constitution are divided among state, union and concurrent lists. In
concurrent list Parliamentary law is over riding than state legislative law. Constitution also has
power to make law with respect to state legislature in following circumstances:

(i) When Rajya Sabha passes a resolution to that effect.

 (ii) When national emergency is under operation.
(iii) When two or more states request parliament to do so.
(iv) When necessary to give effect to international agreements, treaties and conventions.
(v) When President‘s rule is in operation.

2. Executive Powers and Functions

In India, political executive is a part of the parliament. Parliament exerts control over the
executive through procedural devices such as question hour, zero hour, calling attention motion,
adjournment motion, half-an-hour discussion, etc. Members of different political parties are
elected/nominated to the parliamentary committees. Through these committees, the parliament
controls the government. Committee on ministerial assurances constituted by parliament seeks to
ensure that the assurances made by the ministries to parliament are fulfilled.

According to Article 75 of the constitution, ―the council of ministers remains in office as long as
it enjoys the confidence of the Lok Sabha. The ministers are responsible to the Lok Sabha
individually and collectively. Lok Sabha can remove the council of ministers by passing a no
confidence motion in the Lok Sabha‖.

Apart from that, the Lok Sabha can also express lack of confidence in the government in
the following ways:
(i) By not passing a motion of thanks on the President‘s inaugural address.
(ii) By rejecting a money bill
(iii)By passing a censure motion or an adjournment motion
(iv) By passing a cut motion
(v) By defeating the government on a vital issue
These powers of parliament help in making government responsive and responsible.

3. Financial Powers and Functions

Parliament enjoys the supreme authority in financial matters. Executive cannot spend any money
without parliament‘s approval. No tax can be imposed without the authority of law. The
government places the budget before the parliament for approval. The passage of the budget
means that the parliament has legalized the receipts and expenditure of the government. The
public accounts committee and the Estimates committee keep a watch on the spending of the
government. These committees scrutinize the account and bring out the cases of irregular,
unauthorized or improper usage in public expenditure.

In this way, parliament exerts budgetary as well as post-budgetary control on the government. If
the government fails to spend the granted money in a financial year, the remaining balance is
sent back to the Consolidated Fund of India. This is known as ‗rule of lapse‘. This also leads to
increase in expenditure by the end of the financial year.
 4. Judicial Powers and Functions
Judicial powers and functions of the Parliament are mentioned below;
(i) It has the power to impeach the President, the Vice-President, the judges of the
Supreme Court and the High Court.
(ii) It can also punish its members or outsiders for the breach of privilege or its contempt.

5. Electoral Powers and Functions

The electoral powers and functions of the parliament are mentioned below;
(i) The elected members of the parliament (along with state assemblies) participate in the
election of the President
(ii) All the members of the parliament participate in the election of the Vice-President.
(iii) The Lok Sabha elects its Speaker and Deputy Speaker.
(iv) The Rajya Sabha elects its Deputy Chairman.
(v) Members of various parliamentary committees are also elected.

6. Constituent Powers and Functions

Only parliament is empowered to initiate any proposal for amendment of the constitution. A bill
for amendment can be initiated in either House of Parliament. However, the state legislature can
pass a resolution requesting the parliament for the creation or abolition of the legislative council
in the state. Based on the resolution, the parliament can make an act for amending the
constitution for that purpose.

There are three types of bills for constitution amendment which requires:
(i) Simple Majority: These bills need to be passed by simple majority, that is, a
majority of members present and voting in each of the House.
(ii) Special Majority: These bills need to be passed by the majority of the House and
two-third of the members present and voting in each of the House.
(iii) Special majority and consent of half of all the state legislatures: These bills are to be
passed by the special majority in each house. Along with this, at least half of the state
legislatures should give consent to the bill.

State Governments
In the state, there are two major governing bodies - the legislative assembly and the legislative
council. For the Legislative assembly direct elections are held and the political party receiving
the majority votes forms the Government in the state. There are 28 states and seven Union
territories in the country. Union Territories are administered by the President through a Governor
or administrator appointed by him. Till 1 February 1992, the Union Territory of Delhi was
governed by the Central government through an Administrator appointed by the President of
India. Through a Constitutional amendment in Parliament, the Union Territory of Delhi is called
the National Capital Territory of Delhi from 1 February 1992 onwards. General elections to the
Legislative assembly of the National Capital Territory were held in November 1993. Since then
after every five years the state underwent general elections maintaining the democratic process in
Delhi.

Political Parties in India

In India a recognized political party is categorized either as a National Party or a State Party. If a
political party is recognized in four or more states and is either the ruling party or is in the
opposition in these states, it is considered as a National Party. The Congress, Bharatiya Janata
Party, Janata Dal, Communist Party of India and Communist Party of India (Marxist) are the
prominent National Parties in the Country. Some of these parties have existed before the
independence of the country while few of these emerged after political dynamism flourished in
the country in post independent years.

Telugu Desam in Andhra Pradesh, Asom Gana Parishad in Assam, Jharkhand Mukti Morcha in
Bihar, Maharashtra Gomantak Party in Goa, National Conference in Jammu and Kashmir,
Muslim League in Kerala, Shiv Sena in Maharashtra, Akali Dal in Punjab, All-India Anna
Dravida Munnetra Kazhagam and Dravida Munnetra Kazhagam in Tamil Nadu, Bahujan Samaj
Party and Samajwadi Party in Uttar Pradesh and All-India Forward Block in West Bengal are the
prominent state parties which are the major political players in their respective states. In fact in
most of the states where the regional parties have come to the fore understanding the nuisance of
their respective state better, there the scope of National parties emerging victorious is barely
present.

Fundamental Rights
There are six fundamental rights of Indian constitution along with the constitutional articles
related to them are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

There was one more fundamental right in the Constitution, i.e., the right to property.
However, this right was deleted from the list of fundamental rights by the 44th Constitutional
Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.
Note: The right to property is now a legal right and not a fundamental right.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race
or place of birth. It ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of caste, religion, etc.
This right also includes the abolition of titles as well as un-touch ability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees the freedom to citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and
decency and friendly relations with foreign countries. This means that the State has the right to
impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, beggar and other forms of forced
labor. It also implies the prohibition of children in factories, etc. The Constitution prohibits the
employment of children less than 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions.
There is freedom of conscience, profession, practice and propagation of religion. The State has
no official religion. Every person has the right to freely practice his or her faith, establish and
maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them
to preserve their heritage and culture. Educational rights are for ensuring education for everyone
without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens‘ fundamental rights are violated. The
government cannot infringe upon or curb anyone‘s rights. When these rights are violated, the
aggrieved party can approach the courts. Citizens can even go directly to the Supreme
Court which can issue writs for enforcing fundamental rights.

Judiciary system in India

Supreme Court
The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV
of the Constitution of India. According to the Constitution of India, the role of the Supreme
Court is that of a federal court, guardian of the Constitution and the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the
Supreme Court of India. Primarily, it is an appellate court which takes up appeals against
judgments of the provincial High Courts. But it also takes writ petitions in cases of serious
human rights violations or if a case involves a serious issue that needs immediate resolution.

Composition of the courts:-

The supreme court of India consist if a chief justice and, until parliament may by law prescribed
a large number, not more than seven other judges. Thus parliament increase the number this
number, by law. Originally the total numbers of judges were seven but in 1977 this was
increased to 17 excluding the chief justice. In 1986 this number has been increased to 25
excluding the chief justice. Thus the total number of judges in the Supreme Court at present is 26
including the chief justice. The constitution does not provide for the minimum number of judges
who will constitute a bench for hearing cases.

Qualification of the judges of the supreme court of India

The qualifications of the judges are as follows: Under Art. 124(3) of the constitution talk about
the qualifications of judges that are;
a) He should be a citizen of India.
b) He should have been at least five year a judge of a high court or of two or more such courts in
succession; or he should have been for at least 10 years an advocate of high court or of two or
more such court in succession.
c) He is in the opinion of the president a distinguished jurist.

Appointment of Judges
The judges of the high court are appointed by the president. The chief justice of Supreme Court
is appointed by the president with the consultation of such of judges of the supreme and high
court as he deemed necessary for the purpose. But in appointment of the other judges the
president shall always consult the chief justice of India. He may consult such other judges of the
Supreme Court and high court as he may deem necessary. It should, however be noted that the
power of the president to appoint judges is purely formal because in this matter he act on the
advice of the council of ministers. There was an apprehension that executive may bring politics
in the appointment of the judges. The Indian constitution therefore does not leave the
appointment of judges on the discretion of the executive. The executive under this art is required
to consult persons who are ex-hypothesis well qualified to give proper advice in matters of
appointment of judges.
Under Article 124(2) the president, in appointment of other judges of the Supreme Court is
bound to consult chief justice of India but in appointment the chief justice of India he is not
bound to consult anyone.

Removal of Judges: Impeachment: Article 124(4) (5)

A judge may only be removed from his office by an order of the president on ground of proved
misbehavior or incapacity. The order of the president can only be passed after it has been
addressed to both houses of parliament in the same session. The address must be supported by a
majority of total membership of that house and also by the majority not less than 2/3 of the
members of that house present or voting. The processor of the investigation and proof of the
misbehavior or incapacity of a judge will be determined by the parliament by law. The security
of the tenure of the Supreme Court judges has been ensured by this provision of the constitution.

Jurisdiction of Supreme Court

Article 129 states: Supreme Court to be a court of record.—The Supreme Court shall be a court
of record and shall have all the powers of such a court including the power to punish for
contempt of itself.
The Supreme Court has original, appellate and advisory jurisdiction as well.

Original jurisdiction
Article 131 states: Original jurisdiction of the Supreme Court.—Subject to the provisions of this
Constitution, the Supreme Court shall, to the exclusion of any other court, have original
jurisdiction in any dispute—
(a) Between the Government of India and one or more States; or
(b) Between the Government of India and any State or States on one side and one or more other
States on the other; or
(c) Between two or more States,
High Court

India's judicial system is made up of the Supreme Court of India at the apex of the hierarchy for
the entire country and twenty-one High Courts at the top of the hierarchy in each State. These
courts have jurisdiction over a state, a union territory or a group of states and union territories.
Below the High Courts are a hierarchy of subordinate courts such as the civil courts, family
courts, criminal courts and various other district courts. High Courts are instituted as
constitutional courts under Part VI, Chapter V, and Article 214 of the Indian Constitution.
The High Courts are the principal civil courts of original jurisdiction in the state, and can try all
offences including those punishable with death.

Jurisdiction of High Court

Article 226 states: Power of High Courts to issue certain writs.

Article 226 (1) states ‗Notwithstanding anything in article 32 every High Court shall have power,
throughout the territories in relation to which it exercises jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those territories directions,
orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part
III and for any other purpose.‘

Article 226 (2) states ‗The power conferred by clause (1) to issue directions, orders or writs to
any Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises
for the exercise of such power, notwithstanding that the seat of such Government or authority or
the residence of such person is not within those territories.‘

Article 226 (3) states ‗Where any party against whom an interim order, whether by way of
injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition
under clause (1), without—
(a) Furnishing to such party copies of such petition and all documents in support of the plea for
such interim order; and
(b) Giving such party an opportunity of being heard,

makes an application to the High Court for the vacation of such order and furnishes a copy of
such application to the party in whose favor such order has been made or the counsel of such
party, the High Court shall dispose of the application within a period of two weeks from the date
on which it is received or from the date on which the copy of such application is so furnished,
whichever is later, or where the High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open; and if the application is not
so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the
expiry of the said next day, stand vacated.‘

Article 226 (4) states ‗The power conferred on a High Court by this article shall not be in
derogation of the power conferred on the Supreme Court by clause (2) of article 32.‘

Lower Courts
States are divided into districts (zillas), and within each a judge presides as a district judge over
civil cases. A session‘s judge presides over criminal cases. The judges are appointed by the
governor in consultation with the state's high court. District courts are subordinate to the
authority of their high court.
There is a hierarchy of judicial officials below the district level. Many officials are selected
through competitive examination by the state's public service commission. Civil cases at the sub
district level are filed in munsif (sub district) courts. Lesser criminal cases are entrusted to the
courts of subordinate magistrates functioning under the supervisory authority of a district
magistrate. All magistrates are under the supervision of the high court. At the village level,
disputes are frequently resolved by Panchayat or Lok Adalat (people's courts).

The judicial system retains substantial legitimacy in the eyes of many Indians despite its
politicization since the 1970s. In fact, as illustrated by the rise of social action litigation in the
1980s and 1990s, many Indians turn to the courts to redress grievances with other social and
political institutions. It is frequently observed that Indians are highly litigious, which has
contributed to a growing backlog of cases. Indeed, the Supreme Court was reported to have more
than 150,000 cases pending in 1990, the high courts had some 2 million cases pending, and the
lower courts had a substantially greater backlog. Research findings in the early 1990s show that
the backlogs at levels below the Supreme Court are the result of delays in the litigation process
and the large number of decisions that are appealed and not the result of an increase in the
number of new cases filed. Coupled with public perceptions of politicization, the growing
inability of the courts to resolve disputes expeditiously threatens to erode the remaining
legitimacy of the judicial system.