India: Institutions of Governance

Constitutional framework

Constitution of IndiaFraming the Constitution

Constituent Assembly 1947-1950• Elected by provincial assemblies in 1946• Served as provisional parliament • Drafting committee Chaired by Dr. Ambedkar

Challenges• Violence and dislocation of partition• War with Pakistan• Integration of Princely States

Goals of the framers• Strong center and Indian Unity• Parliamentary Democracy and institutionalization• Recognition and accommodation of Indian diversity

Constitution of IndiaFraming the Constitution

Key features of the Indian constitution• Longest in the world, 395 articles, 9 schedules and, 97

amendments• Continued the constitutional development of the

Government of India Act of 1935• Republic• Parliamentary democracy• Quasi-federal state• Secular

Constitution of India – Key Elements

The Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and

integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of

November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

FUNDAMENTAL RIGHTS General

Article 13. Laws inconsistent with or in derogation of the fundamental rightsArticle 14. Equality before law

The State shall not deny to any person equality before the law or the equal protection of the laws

Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 16. Equality of opportunity in matters of public employment.-  Article 17. Abolition of UntouchabilityArticle 19. Protection of certain rights regarding freedom of speech

(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India(g) to practice any profession, or to carry on any occupation, trade or business.

Constitution of India – Key Elements

Article 23. Prohibition of traffic in human beings and forced labor

Article 24. Prohibition of employment of children in factories, etc.

Article 25. Freedom of conscience and free profession, practice and propagation of religion

Article 26. Freedom to manage religious affairs

Article 27. Freedom as to payment of taxes for promotion of any particular religion

Article 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Article 29. Protection of interests of minoritiesArticle 30. Right of minorities to establish and administer educational

institutions

Parliamentary-Cabinet Government

Head of State and Head of Government (chief executive)

Why the separation?• Evolution of power away from monarchs

and traditional elites• The concept of a Republic• The dignity of the state• Non-partisan head of state in crises

Parliamentary-Cabinet Government

Parliamentary-cabinet systemHead of state and head of government separate offices with head of state non-partisanExecutive drawn from the members of the legislatureProcess of appointment of chief executiveChief executive (HOG) holds office only as long as enjoys confidence of legislatureEarly elections and removal of executive

Parliamentary-Cabinet GovernmentVoters

Ministries Or Departments

Cabinet

Head of StateLegislature

elect

chooses

Administers

elected indirectly

Prime Ministerelects nominates

Government

Parliamentary-Cabinet Government

Types of Parliamentary-Cabinet Systems

With legislative supremacyWith Cabinet supremacy

Indian System of Cabinet SupremacyCabinet as policy making bodyThe party system and legislative control

The PresidentHead of State vs. Head of GovernmentElection of the president

Balance of state and union legislaturesPreferential voting system

Powers and role of the presidentPowers of the president

• Constitutional authority in appointments and actions of the government

• Acts on the advice of the Prime Minister• Discretionary power

– Appointment of the Prime Minister– Dissolution of parliament– Promulgation of Ordinances– Emergency powers

Role of the President

The Vice Presidency

ParliamentBicameral legislature consisting of

The Council of States (Rajya Sabha) (Upper House)

The House of the People (Lok Sabha) (Lower House)

Lok Sabha545 members

• 543 directly elected by territorial constituencies– 530 from the 28 states– 20 from the 7 Union Territories

• President nominates 2 Anglo-Indians if none elected

• Reservations for certain groups

Term of office• Normal

• Shortened

• Extended

ParliamentRajya Sabha

250 members• 238 elected by state assemblies (allocation based on

population)

• 12 nominated by the president for their special knowledge or practical experience in literature, science, arts and social service

Term

Role

ParliamentThe legislative process

Stages of a bill

Role of executive

Finance bills

Amendment of the constitution

The Prime Minister and Council of MinistersConstitutes the executive Branch of government

Appointment of the Prime Minister and Council of Ministers

Removal of the PM and Council of Ministers

The Prime Minister as the lynchpin of government

Powers of the Prime Minister• Influence of personality on powers of the Prime Minister

The Cabinet and its committees

The Public ServicesCategories of the Civil Service

State

Central (53)

All India (3)

Indian Administrative Service (IAS)Status

Cadres

Deputation to central government

UPSC

Recruitment • Qualifications• Competition • Demographics

The Supreme Court and Judicial SystemSingle integrated judicial system

RationaleSupreme Court at top of systemState High CourtsDistrict Courts

The Supreme CourtOriginal and exclusive jurisdictionAppellate jurisdictionInterpreter and guardian of the constitution

• Constitutionality of central and state legislation and judicial review

• Constitutional amendments and ‘basic framework’ test– More than 100 central and state laws invalidated

The Supreme Court and Judicial SystemStructure of the Supreme court

• Chief Justice and 25 Associate Justices• Benches of the Court• Appointment of justices

History of the court and judicial activism• Accepts 100,000 cases a year

State High Courts

Local Courts

Burden on the judiciary

State GovernmentThe Governor

Appointment

Powers

The Chief Minister and Council of Ministers

The Legislative Assembly

The Legislative Council

Government of Union Territories

Center-State RelationsIndia as a quasi-federation

Unitary Features• Single constitution• Division of powers

– Seventh Schedule– Lists

– Union List 97– State List 66– Concurrent List 47

– Residuary powers

• State creation, abolition and boundaries

Center-State Relations• Emergency Powers (Articles 356, 352 and

360)• Union Powers under Articles 256, 257,

365 and 249• Revenue powers of the Central

government (Article 275 and 282)

Council of States (Rajya Sabha)• System of Seat Allocation in Upper House

of Parliament

Allocation of Seats in the Council of State

Andhra Pradesh 18 Rajasthan 10

Assam 7 Uttar Pradesh 31

Bihar 16 Uttaranchal 3

Jharkhand 6 West Bengal 16

Goa 1 Jammu & Kashmir 4

Gujrat 11 Nagaland 1

Haryana 5 Himachal Pradesh 3

Kerala 9 Manipur 1

Madhya Pradesh 11 Tripura 1

Chhattisgarh 5 Meghalaya 1

Tamil Nadu 18 Sikhim 1

Maharashtra 19 Mizoram 1

Karnataka 12 Arunachal Pradesh 1

Orissa 10 Delhi 3

Punjab 7 Pondicherry 1

Center-State RelationsFederal Features• Significant constitutional powers to

States• Critical administrative role• Political devolution of power• Creation of unilingual states

The Politics of State Reorganization• linguistic vs. administrative debate• Andhra Pradesh and Madras (Tamil Nadu)• Gujarat and Maharashtra• Punjab and Haryana