Category: Civics

Chapter 6 Democratic Rights

Social Science Civics [Class IX]

Content’s

• Concept’s of Democratic Rights Class 9th Social Science Civics
• Notes of Democratic Rights Class 9th Social Science Civics
• NCERT Textbook Questions Solution’s of Democratic Rights Class 9th Social Science Civics
• Extra Questions of Democratic Rights Class 9th Social Science Civics

Democratic Rights Extra questions, Important exam Questions 

SHORT ANSWER TYPE QUESTIONS 

Q.1. What was the background in which ethnic massacre took place in Kosovo?

Ans. Kosovo was a province of Yugosalvia before it split away. In this province the population was overwhelmingly ethnic Albanian. But in the entire country, Serbs were in majority. A narrowminded Serb nationalist, Milosevic, had won the election and became the President of Yugoslavia. His government was very hostile to the Kosovo Albanians. He wanted that ethnic minorities like Albanians should either leave the country or accept the dominance of the Serbs. The massacre was carried out by the army under the direction of the government.

Q.2. Explain what is meant by ‘Rule of Law’. [Important]

Ans. Rule of law means equality before the law or equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. Rule of law is the foundation of any democracy. It implies that no person is above the law. There cannot be any distinction between a political leader, government official and ordinary citizen.

Q.3. Are the reservations provided to the Scheduled Castes, Scheduled Tribes and OBCs against the Right to Equality? Give reasons.

Ans. These reservations are not against the Right to Equality. In a broader sense, equality does mean giving everyone the same treatments, no matter what they need. Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes, it is necessary to give job reservations to socially and economically backward sections of the society to ensure equal opportunity. The constitution says that reservations of this kind are not a violation of the Right to Equality.

Q.4. Mention the freedoms provided under the ‘Right to Freedom’. Why are reasonable restrictions imposed on them? [Important]

Ans. Under the Right to Freedom, the Indian constitution guarantees six freedoms. These are :

(i) Freedom of speech and expression

(ii) Freedom to assemble peacefully without arms

(iii) Freedom to form associations and unions

(iv) Freedom to move freely throughout the country

(v) Freedom to reside in any part of the country and,

(vi) Freedom to practise any profession, or to carry on any occupation, trade or business. Reasonable restrictions are imposed on our freedoms in the larger interest of the society. Freedom should be exercised in such a manner that it does not violate others’ right to freedom.

Q.5. What does the term ‘minority’ refer to under the Cultural and Educational Rights? Ans. Here minority does not mean only religious minority at the national level. In some places, people speaking a particular language are in majority; people speaking a different language are in a minority. For example, Telugu-speaking people form a majority in Andhra Pradesh but they are a minority in Karnataka. Sikhs constitute a majority in Punjab, but they are a minority in Rajasthan, Haryana and Delhi.

Q.6. What is the role of National Human Rights Commission in securing the human rights? How does it work?

Ans. The National Human Rights Commission (NHRC) focuses on helping the victims secure their human rights. These include all the rights granted to the citizens by the constitution. For NHRC human rights also include the rights mentioned in the UN-sponsored international treaties that India has signed. The NHRC cannot by itself punish the guilty – that is the responsibility of the courts. The NHRC makes an independent and credible inquiry into any case of violation of human rights. The commission presents its findings and recommendations to the government or intervenes in the court on behalf of the victims. Like any court, it can summon witnesses, question any government official, demand any official paper, visit any prison for inspection or send its own team for on-the-spot inquiry.

Q.7. Give some examples with regard to the expansion of the scope of rights for the citizens. Ans. Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights. Recently school education has become a right for Indian citizens.

Parliament has passed a law giving the right to information to the citizens. Under the direction of the Supreme Court, right to life now includes the right to food. Right to property is not a Fundamental Right but it is a legal right. Right to vote in elections is an important constitutional right.

Q.8. Explain the ’Right to Equality’ enjoyed by the citizens of India. What is its importance?

[CBSE 2010]

Ans. All citizens irrespective of caste, colour, region, religion ethnicity, sex or place of birth are equal before the law. There shall be no discrimination against any citizen. All citizens shall have equal opportunity in matters of employment. This is what the ‘Right to Equality’ means.

Q.9. Describe in detail the cultural and educational rights of the minorities as provided in the Indian constitution. [CBSE 2010]

Ans. The language, culture and religion of minorities need protection otherwise they may get neglected or undermined under the impact of the language, culture and religion of the majority. All minorities have the right to establish and administer educational institutions of their choice.

Q.10. The ’Right to Constitutional Remedies’ is called the heart of the constitution. Explain.

[CBSE 2010]

Ans. This ‘Right’ makes other ‘Rights’ effective. If sometimes our rights are violated by fellow citizens, private bodies or by the government, we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court or the high court of a state. That is why Dr. Ambedkar called it “the heart and soul” of our constitution.

Q.11. “The right to freedom is a cluster of six rights”. Explain. [2011 (T-2)]

Ans. The right to freedom is a cluster of six rights. Therefore :

(i) Freedom of speech and expression

(ii) Freedom of assembly in peaceful manner

(iii) To form association and unions

(iv) Move freely through out the country

(v) Reside in any part of the country

(vi) Practice any profession or occupation.

Q.12. Why are the rights guaranteed by the Indian constitution called Fundamental Rights?

[2011 (T-2)]

Ans. (i) They are fundamental to our life.

(ii) Fundamental Rights put into effect the securing for all citizens equality, liberty and justice as given in the Preamble to our constitution.

Q.13. State any three provisions of the Fundamental Right Against Exploitation. [2011 (T-2)]

Ans. (i) The constitution prohibits ‘traffic in human beings’ i.e. selling and buying of human

beings.

(ii) It also prohibits forced labour or begar in any form.

(iii) The constitution also prohibits child labour. No one can employ a child below the age of

fourteen to work in a factory, mine or any hazardous work.

Q.14. Why do we need rights in a democracy? [2011 (T-2)]

Ans. Rights are claims of a person over other fellow beings; over the society, and over the government. Rights are necessary for the very sustenance of democracy. Rights protect minorities. Rights are guarantees which can be used when things growing.

Q.15. Write three constitutional provisions for the protection of women and children in India.

[2011 (T-2)]

Ans. These are : The constitution prohibits

(i) traffic in human beings i.e. selling & buying of human beings specially women for immoral purposes.

(ii) It prohibits forced labour

(iii) It protects children under years of age by prohibiting their employment in any factory, mine or hazardous work.

Q.16. Right to freedom comes with some limitations. Justify with three suitable examples.

[2011 (T-2)]

Ans. (i) You cannot use your Right to Freedom to incite people to rebel against government or to defame others.

(ii) We can hold meetings but peacefully.

(iii) We cannot carry weapons while participating in a procession or a meeting.

Q.17. Mention any three features of Right to Equality. [2011 (T-2)]

Ans. (i) The law apples to all citizens irrespective of his status (The Rule of Law).

(ii) The government shall not discriminate against any citizen on grounds of religion, caste ethnicity, sex or place of birth.

(iii) All citizens have equality of opportunity in matters of employment

Q.18 State the three features of cultural and educational rights. [2011 (T-2)]

Ans. (i) Any sections of citizens with a distinct language or culture have a right to conserve it.

(ii) Admission to any educational institution maintained by government or with its aid cannot be denied to any citizen on the ground of religion or language.

(iii) All minorities have the right to establish and administer educational institutions of their choice.

Q.19. Mention any three rights of a detained person. [2011 (T-2)]

Ans. (i) A person who is arrested and detained in custody will have to be informed of the reasons for such arrest.

(ii) Such a person shall be produced before the nearest magistrate within a period of 24 hours of arrest.

(iii) Such a person has the right to consult a lawyer or engage a lawyer for his defence.

Q.20. “Right to constitutional remedies is the heart and soul of the constitution.” Justify.

[2011 (T-2)]

Ans. This right makes other rights effective when any of our rights are violated we can seek remedy through courts. If it is a Fundamental Right we can directly approach the Supreme Court. That is why Dr Ambedkar called it ‘‘the heart and soul of our constitution^’’.

LONG ANSWER TYPE QUESTIONS 

Q.1. Explain the correctness of the following statement, “Rights are necessary for the very sustenance of a democracy.”

Ans. It is absolutely correct to say that rights are necessary for the very sustenance of a democracy. Rights are the heart and soul of democracy. In a democracy, every citizen has the right to vote and the right to be elected to government. For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.

Rights also perform a very special role in a democracy. They protect minorities from the oppression of the majority. They ensure that interests of the minorities are protected and majority does not act as per its whims and fancies. Rights are guarantees which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. Generally, the majority wants to dominate the minority. The government should protect the citizens’ rights in such a situation. Sometimes elected governments may not protect or even attack the rights of their own citizens (as happened in Yugoslavia under Milosevic). Therefore, some basic rights of the citizens are written down in the constitution of most democracies.

Q.2. What is a secular state? In which way does our constitution make India a secular state?

[V. Important]

Ans. A secular state is one that does not confer any privilege or favour on any particular religion. It does not punish or discriminate against people on the basis of religion they follow. It implies that the government cannot compel any person to pay any taxes for the promotion or maintenance of a particular religion or religious institution. There shall be no religious instruction in the government educational institutions. In private institutions, no person can be compelled to take part in a religious activity. A secular state is one that does not establish any one religion as official religion.

Indian secularism practises an attitude of principled and equal distance from all religions. The Preamble to Indian constitution declares India to be a secular nation. There is no official religion in India. The Indian state is neutral and impartial in dealing with all religions. Right to freedom of religion is a Fundamental Right. Every citizen of India has a right to profess, practise and propagate the religion he/she believes in. Every religious group or sect is free to manage its religious affairs.

Q.3. State the provisions of the Cultural and Educational Rights. [Important]

Ans. For the simple reason that the working of democracy gives power to the majority, it is the language, culture and religion of minorities that needs special protection. Therefore, the cultural and educational rights of the minorities are specified in the constitution.

(i) Any section of citizens with a distinct language or culture has a right to conserve it.

(ii) Admission to any educational institution maintained by government or receiving government aid cannot be denied to any citizen on the ground of religion or language.

(iii) All minorities have the right to establish and administer educational institutions of their choice.

(iv) Full compensation has to be paid if the state seeks to acquire the property of a minority educational institution.

Q.4. Explain what is meant by the ‘Right to Constitutional Remedies’.

Ans. Rights guaranteed by the constitution are useless if there are no special provisions to guarantee them. The Fundamental Rights in the constitution are enforceable. We have the right to seek the enforcement of these rights by moving to the High Courts or the Supreme Court. This is called the Right to Constitutional Remedies which is provided by Article 32 of the constitution. This itself is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. When any of the rights are violated we can seek remedy through a court. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. Dr. Ambedkar called the Right to Constitutional Remedies (Article 32) the ‘heart and soul’ of our constitution. There can be no law or action that violates the Fundamental Rights. Such a law can be declared null and void by the Supreme Court.

Q.5. What can a person do in case of the violation of Fundamental Rights? What is PIL and how does it work? [Important]

Ans. In case of any violation of Fundamental Right, the aggrieved person can approach the High Court or the Supreme Court for remedy. Moreover any person can go to court against the violation of the Fundamental Right, if it is of social or public interest. It is called the Public Interest Litigation (PIL).

Under this any citizen or group of citizens can approach the Supreme Court or the High Court for the protection of public interest against a particular law or action of the government. One can write to the judges even on a postcard. The court will take up the matter if the judges find it in public interest. Even a newspaper article or report can be treated as a PIL by the court.

Q.6. Mention four new rights which the constitution of South Africa has guaranteed to its citizens. [Important]

Ans. The scope of rights has been expanding and new rights are evolving over time. They are the result of the struggle of the people. New rights emerge as societies develop or as new constitutions are made.

The constitution of South Africa guarantees its citizens several kinds of new rights.

(i) Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.

(ii) Right to an environment that is not harmful to their health or well-being.

(iii) Right to have access to adequate housing.

(iv) Right to have access to health care services, sufficient food and water; no one can be refused emergency medical treatment.

Q.7. The Right to Freedom of Speech and Expression does not come without qualifications.

Explain. [CBSE 2010]

Ans. Freedom of speech is one of the essential features of any democracy. Our ideas and personality develop only when we are able to freely communicate with others. You may disagree with a policy of government, you are free to criticise the government. You may publicise your views through pamphlet, magazine or newspaper. However, you cannot use this freedom to instigate violence against others. You cannot incite people to rebel against the government, nor can you use it to defame others by saying false and mean things that cause damage to a person’s reputation. This is called freedom of speech with qualifications.

Q.8. Discuss the provisions included in the Right against Exploitation [CBSE 2010]

Ans. Once the right to liberty and equality is granted it follows that every citizen has a right to not to be exploited yet the constitution makers thought it was necersary to write down certain clear provisions to prevent exploitation of the weaker sections of the society. The constitution mentions three weaker sections of the society. The constitution mentions three evils and declares these as illegal. First, the constitution prohibits traffic in human beings, i.e., selling and buying of human beings. Secondly, it prohibits ‘‘begar’’ or forced labour in any form. Finally the constitution prohibits child labour. No one can employ a child below the age of fourteen to work in a factory or mine.

DEMOCRATIC RIGHTS Notes

Violation of Citizens’ rights by the USA

1. About 600 people were secretly picked up by the US forces from all over the world and put in a prison in Guantanamo Bay, an area near Cuba controlled by America’s Navy.
2. The American government said that they were enemies of the US and linked to the attack on New York on 11 September 2001.
3. Families of prisoners, media or even UN representatives were not allowed to meet them. The US army arrested them, interrogated them and decided to keep them there. There was no trial before any magistrate in the US
4. Amnesty International, an international human rights organization, collected information on the condition of the prisoners in Guantanamo Bay and reported that the prisoners were being tortured in ways that violated the US laws.
5. Prisoners were not released even after they were officially declared not guilty. An independent inquiry by the UN-supported these findings. The UN Secretary-General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.

Violation of Citizens’ Rights in Saudi Arabia

1. The country is ruled by a hereditary king and the people have no role in electing or changing their rulers.
2. The king selects the legislature as well as the executive. He appoints the judges and can change any of their decisions.
3. Citizens cannot form political parties or any political organizations. Media cannot report anything that the monarch does not like.
4. There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.
5. Women are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.

Violation of Citizens’ Rights in Yugoslavia (Kosovo)

1. Kosovo was a province of Yugoslavia before its split. In this province, the population was overwhelmingly ethnic Albanian Muslims. But in the entire country, Serbs(Christians) were in majority.
2. A narrow-minded Serb nationalist Milosevic had won the election. His government was very hostile to the Kosovo Albanians. He wanted the Serbs to dominate the country. Many Serb leaders thought that Ethnic minorities like Albanians should either leave the country or accept the dominance of the Serbs.
3. 74-year-old Batista Hoxha was sitting in her kitchen with her 77- year–old husband Izzet, staying warm by the stove. She knew, five or six soldiers had burst through the front door and were demanding her children.
4. They shot Izzet three times in the chest. When her husband dying, the soldiers pulled the wedding ring off and even before she comes out of the house they burnt her house.
5. This was typical of what happened to thousands of Albanians in that period. This was one of the worst instances of killings based on ethnic prejudices in recent times. Finally, Milosevic lost power and was tried by an International Court of Justice for crimes against humanity.

What are rights?

 Rights are reasonable claims of persons recognized by society and sanctioned by law.

Why do we need rights in a democracy? (OR) Rights are necessary for the very sustenance of a democracy.

1. In a democracy, every citizen has to have the right to vote and the right to be elected to government.
2. For democratic elections to take place it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
3. Rights protect minorities from the oppression of the majority. They ensure that the majority cannot do whatever it likes. Rights are guarantees which can be used when things go wrong.
4. The government should protect the citizens’ rights. But sometimes elected governments may not protect or may even attack the rights of their own citizens.
5. That is why some rights need to be placed higher than the government so that the government cannot violate these. In most democracies, the basic rights of the citizen are written down in the constitution.

What is Right to Equality? How does it apply in providing equality, liberty, and justice to Indians?

1.  Right to equality means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law. Rule of law is the foundation of any democracy.
2. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen.
3. The government shall not discriminate against any citizen on grounds of religion, caste, ethnicity, sex or place of birth.
4. Every citizen shall have access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing Ghats, roads, playgrounds, and places of public resorts maintained by the government or dedicated to the use of general public.
5. The same principle applies to public jobs. All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government. No citizen shall be discriminated against or made ineligible for employment on the grounds mentioned above.
6. The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and clearly directs the government to put an end to it. The practice of untouchability has been forbidden in any form.

What is Right to Freedom? What are the kinds of freedom given to the Indians?

Right to Freedom means the absence of interference in our affairs by others – be it other individuals

or the government.

1. Indian Constitution gives the right to Freedom of speech and expression
2. Right to Freedom to assemble in a peaceful manner
3. Right to Freedom to form associations and unions
4. Right to Freedom to move freely throughout the country
5. Right to Freedom to reside in any part of the country
6. Right to Freedom to practice any profession, or to carry on any occupation, trade or business.
7. Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue.
8. Your freedoms should not cause public nuisance or disorder. You are free to do everything which injures no one else

Rules to be followed by the government or police officer when arrest or detain any citizen

1. A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
2. A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.
3. Such a person has the right to consult a lawyer or engage a lawyer for his defense.
4. Such a person not be tortured or beaten.
5. Such a person to be allowed to meet his family members and relatives.

Right against Exploitation (What are three specific evils which are declared illegal in the constitution?)

1.  Constitution makers thought it was necessary to write down certain clear provisions to prevent exploitation of the weaker sections of the society. The Constitution mentions three specific evils and declares these illegal.
2. First, the Constitution prohibits ‘traffic in human beings’. Traffic here means selling and buying of human beings, usually women, for immoral purposes.
3. Second, our Constitution also prohibits forced labor or begar in any form. ‘Begar’ is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration.
4. Constitution also prohibits child labor. No one can employ a child below the age of fourteen to work in any factory or mine or in any other hazardous work, such as railways and ports.
5. Using this as a basis many laws have been made to prohibit children from working in industries such as beedi making, firecrackers and matches, printing, and dying.

How is Right to Freedom of Religion practiced in India?

1. Secularism is based on the idea that the state is concerned only with the relation between human beings and God. A secular state is one that does not establish any one religion as official religion.
2. Every person has a right to profess, practice and propagates the religion he or she believes in. Every religious group or sect is free to manage its religious affairs. A right to propagate one’s religion, however, does not mean that a person has right to compel another person to convert into his religion by means of force, fraud, inducement or allurement.
3. Freedom to practice religion does not mean that a person can do whatever he wants in the name of religion. For example, one cannot sacrifice animals or human beings as offerings to supernatural forces or gods. Religious practices which treat women as inferior are not allowed.
4. Discrimination against people on the basis of religion is not allowed. Thus the government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
5. There shall be no religious instruction in the government educational institutions. In educational institutions managed by private bodies, no person shall be compelled to take part in any religious instruction or to attend any religious worship.

What are the guarantees given under the Cultural and Educational Rights?

1. The language, culture, and religion of minorities that needs special protection. Otherwise, they may get neglected or undermined by the majority. That is why the Constitution specifies the cultural and educational rights of the minorities.
2. Any section of citizens with a distinct language or culture has a right to conserve it.
3. Admission to any educational institution maintained by the government or receiving government aid cannot be denied to any citizen on the ground of religion or language.
4. All minorities have the right to establish and administer educational institutions of their choice.
5. Here minority does not mean only religious minority at the national level. In some places people speaking a particular language are in majority; people speaking a different language are in a minority.

 How can we secure the fundamental rights? (Right to Constitutional Remedies)

1.  The fundamental rights in the Constitution are important because they are enforceable. We have a right to seek the enforcement of the above-mentioned rights. This is called the right to Constitutional Remedies.
2. This is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. When any of our rights are violated we can seek remedy through courts.
3.  If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state. That is why Dr. Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our Constitution.
4. Courts also enforce the Fundamental Rights of private individuals and bodies. The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights.
5. Fundamental Right, if it is of social or public interest. It is called Public Interest Litigation (PIL). Under the PIL any citizen or group of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.

EXPANDING SCOPE OF RIGHTS (Constitutional Rights)

1.  While Fundamental Rights are the source of all rights, our Constitution and law offer a wider range of rights. Over the years the scope of rights has expanded. From time to time, the courts gave judgments to expand the scope of rights.
2. Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children up to the age of 14 years.
3.  Parliament has enacted a law giving the right to information to the citizens. We have a right to seek information from government offices.
4.  Recently the Supreme Court has expanded the meaning of the right to life to include the right to food.
5. The right to property and right to vote in elections are important constitutional rights.

Constitution of South Africa guarantees its citizens several kinds of new rights:

1. Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.
2. Right to an environment that is not harmful to their health or well-being.
3. Right to have access to adequate housing.
4. Right to have access to health care services, sufficient food, and water; no one may be refused emergency medical treatment.

Human right activists all over the world seek a set of rights as a standard of human rights. These include:

1. Right to work: the opportunity for everyone to earn a livelihood by working.
2. Right to safe and healthy working conditions, fair wages that can provide the decent standard of living for the workers and their families
3. Right to adequate standard of living including adequate food, clothing, and housing.
4. Right to social security and insurance.
5. Right to health: medical care during illness, special care for women during childbirth and prevention of epidemics
6. Right to education: free and compulsory primary education, equal access to higher education.

CONCEPTS

• Three cases of denial of rights highlight the importance of rights.

• The Human Rights were violated (i) in Guantanamo Bay by the US, (ii) in Kosovo by

Milosevic’s Government, and (iii) denial of rights in Saudi Arabia.

Rights in a Democracy

• Rights are a must to ensure the dignity, security and fair play to all the citizens.

• Democracy is a system in which maximum rights are guaranteed to its citizens.

What are Rights?

• Rights are reasonable claims of persons recognised by society and sanctioned by law.

Why do We Need Rights in a Democracy?

• Rights sustain a democracy.

• They give to every citizen a right to vote and the right to be elected to government.

• They allow citizens to express their views freely, form parties and take part in political

activities.

• Rights are guarantees when things go wrong. They do not allow the majority to dominate the minority.

• Some rights are placed higher than the government, so that the government does not violate them.

Rights in the Indian Constitution

The Indian Constitution has given us six Fundamental Rights. They are the basic features of

India’s Constitution.

• Fundamental Rights are: (i) Right to Equality (ii) Right to Freedom (iii) Right against Exploitation (iv) Right to Freedom of Religion (v) Cultural and Educational Rights (vi) Right to Constitutional Remedies.

• Right to Equality: It grants equality to all its citizens in the eyes of law. No discrimination can be made against any citizen on grounds of birth, caste, religion and gender. Untouchability is made a cognisable offence. Equal opportunity is guaranteed to all the citizens.

• Right to Freedom : It grants (i) freedom of speech and expression, (ii) freedom to assemble in a peaceful manner, (iii) freedom to form associations, (iv) freedom to move freely in any part of the country, (v) freedom to reside in any part of the country and (vi) practice any profession, carry out any occupation or trade.

• Right against Exploitation : The constitution prohibits (i) “traffic in human beings”,

(ii) Prohibits forced labour or begar and (iii) prohibits child labour.

• Right to Freedom of Religion: There is no state religion in India. All religions are given equal respect. Every person has a right to profess, practice and propagate his own religion.

• Cultural and Educational Rights: Minorities have the right to conserve their language and culture. They have the right to establish their own educational institutions.

• Right to Constitutional Remedies: This is the right that makes all rights effective. If a citizen’s fundamental rights are violated or taken away, he/she can seek remedy through courts.

• National Human Rights Commission is an independent organisation established in 1993. Its main work is to focus on human rights and help the victims, whose rights are violated.

• Expanding Scope of Rights

The Constitution offers scope to expand the Fundamental Rights. Examples :

(i) School education has become a right for Indian citizens.

(ii) Right to property is a legal right.

(iii) Right to seek information from government offices.

(iv) Right to vote in elections.

• International Covenant on Economic, Social and Cultural Rights

This international covenant recognises many rights. Examples (i) Right to work (ii) Right to safe and healthy environment (iii) Right to adequate standard of living (iv) Right to social security and insurance (vi) Right to health and medical care, etc.

• The South African Constitution Guarantees

Right to privacy, Adequate housing, Right to access to health care, Sufficient food and water.

Chapter 5 Working of Institutions

Social Science Civics [Class IX]

Content’s

• Concept’s of Working of Institutions Class 9th Social Science Civics
• Notes of Working of Institutions Class 9th Social Science Civics
• NCERT Textbook Questions Solution’s of Working of Institutions Class 9th Social Science Civics
• Extra Questions of Working of Institutions Class 9th Social Science Civics

Extra Question for Practise For Working of Institutions Chapter 5. 

SHORT ANSWER TYPE QUESTIONS 

Q.1. State how the delays and complications introduced by the institutions are very useful in a democracy. [Important]

Ans. Working with institutions involve rules and regulations, meetings, committees and routines, often leading to delays and complications. But some of these delays are very useful as they provide an opportunity for a wider set of people to be consulted in any decision. They make it difficult to rush through a bad decision.

Q.2. Even though civil servants are far more educated and have expert knowledge on various subjects, why does the ultimate power to decide matters lie with the ministers?

[Important]

Ans. A minister is elected by the people and thus empowered to exercise the will of the people on their behalf. She is finally answerable to the people for all the consequences of her/his decision. The Minister is not expected to be an expert in the technical matters of her or his ministry. The civil servants, though far more educated, work under these ministers, and the final decisions are taken by the ministers.

Q.3. Who appoints the Prime Minister and the Council of Ministers, and on what basis? Ans. The Prime Minister is appointed by the President. But he cannot appoint anyone he likes. He appoints the leader of the majority party or the coalition of the parties that commands a majority in the Lok Sabha, as Prime Minister. In case no single party or alliance gets a majority, the President appoints the person most likely to secure a majority support.

Q.4. In which way do the cabinet ministers exercise more powers than the other ministers?

Ans. Cabinet ministers are the top-level leaders of the ruling party or parties, and are in charge of the major ministries. Ministers of state with independent charge are on the other hand usually in-charge of smaller ministeries. The decisions are taken in cabinet meetings and the other ministers have to follow these decisions. They attend the cabinet meeting only if they are invited.

Q.5. How has the rise of coalition politics imposed constraints on the power of the Prime Minister?

Ans. The Prime Minister of a coalition government cannot take decisions as he likes. He has to accommodate different groups and factions in his party as well as among alliance partners. He also has need to the views and positions of the coalition partners and other parties, on whose support the survival of the government depends.

Q.6. Why is an independent and powerful judiciary considered essential for democracies?

Ans. Independence of the judiciary is essential in a democracy so that it does not act under the control and direction of the legislature or the executive. The judges do not act according to the wishes of the government, i.e. the party in power. Indian Judiciary is powerful in the sense that it can declare only law invalid if it is against the constitution. Thus Indian judiciary acts as a guardian of the Fundamental Rights which is essential for a democracy.

Q.7. What is the procedure for the removal of the judges?

Ans. The procedure to remove a judge is called impeachment. An impeachment motion is passed separately by two thirds members of the two Houses of the Parliament. Thus the judges who are appointed by the President cannot be removed by the President alone. Both Lok Sabha and Rajya Sabha have to pass a resolution by two-thirds majority to remove a judge.

Q.8. Discuss the powers and functions of the Parliament. [CBSE 2010]

Ans. Parliament is the final authority for making laws in the country. It can also change laws and make new ones in their place. It exercises contral over those who run the government. In India this contral is direct and full. If also controls all the money that the government has. It is the highest forum of discussion and debate on public issues and national policies.

Q.9. Explain the composition of the council of ministers. [2011 (T-2)]

Ans. After the appointment of the Prime Minister, the President appoints other ministers on the advice of the Prime Minister. The ministers are usually from the party or the coalition that has the majority in the Lok Sabha. The Prime Minister is free to choose ministers as long as they are members of parliament. Council of ministers is the official name for the body that includes all the ministers. It usually has 60 to 80 ministers of different rank.

Q.10. Write about the process of appointment and removal of a judge of Supreme Court.

[2011 (T-2)]

Ans. The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court. In practice the senior judges of the Supreme Court select the new judges of the Supreme Court. A judge can be removed only by an impeachment motion passed separately by two-third members of the two houses of the Parliament.

Q.12. Under what condition can a state of emergency be declared in India? Explain.

[2011 (T-2)]

Ans. A state of emergency can be declared under the following conditions:

(i) Increase of external aggression or armed rebellion;

(ii) It the government machinery of a state breaks down;

(iii) If there is a threat to the financial stability of the country. Under these circumstances the President can impose a state of emergency and this is called President rule.

Q.13. Which house of the parliament is more powerful in India and why? Give any four reasons of it. [2011 (T-2)]

Ans. Rajya Sabha is called the Upper House but that does not mean that it is more powerful than Lok Sabha. Our constitution does not give Rajya Sabha same special powers over the states. But on most matters the Lok Sabha exercises supreme power.

(i) Any ordinary law needs to be passed by both Houses. The final decision is taken in a joint session but as number of Lok Sabha members is greater, the view of the Lok Sabha prevails.

(ii) Lok Sabha exercises more power in money matters. Once the Lok Sabha passes the budget the Rajya Sabha cannot reject it. It can hold it only for 14 days.

(iii) Lok Sabha controls the council of ministers. A person who enjoys the support of the majority members in the Lok Sabha is appointed the Prime Minister.

(iv) If majority members of the Lok Sabha say they have no confidence in the council of ministers all ministers including the Prime Minister have to quit.

Q.14. Why are political institutions important? Give any three points. [2011 (T-2)]

Ans. Governing a country involves various activities. For attending to all these activities/tasks several arrangements are made. Such arrangements are called institutions. A democracy works well when these Institutions perform these functions.

(i) The Prime Minister and the cabinet are institutions.

(ii) The civil servants working together are responsible for taking steps to implement the ministers decisions.

(iii) Supreme Court is an institution where disputes between citizens are finally settled.

Q.15. Give three differences between the Lok Sabha and the Rajya Sabha. [2011 (T-2)] Ans. Members of the Lok Sabha are directly elected by the people. Lok Sabha exercises the real power on behalf of the people. Rajya Sabha is elected indirectly and performs some special functions. Like looking after the interests of various states, regions or federal units. In some ways Lok Sabha is more important as it has more members and in any decision making, its opinion prevails – it controls council of ministers.

Q.16. What is the tenure of the President in India? Mention the qualifications for President of India. [2011 (T-2)]

Ans. The President in India is the head of the state. He has only nominal powers. The President of India is like the Queen of Britain whose functions are to a large extent ceremonial. The President supervises the overall functioning of all the political institutions in the country. The President exercises all his powers on the advice of the council of ministers. His tenure is for five years.

Q.17. Under what circumstances does the President exercise his discretion in the appointment of the Prime Minister? Who appoints the other ministers? [2011 (T-2)]

Ans. When a party or coalition of parties secures a clear majority in the elections, the President has to appoint the leader of the majority party or the coalition that enjoys majority support in the Lok Sabha. When no party or coalition gets a majority in the Lok Sabha President exercises his/her discretion and appoints a leader who in his/her opinion can muster majority support in the Lok Sabha within a specified time.

Q.18. What is a coalition government? Why the Prime Minister of a coalition government

cannot take decisions as he likes? [2011 (T-2)]

Ans. The rise of coalition politics has imposed certain constraints on the power of the Prime Minister. The Prime Minister of a coalition government cannot take decision as he likes. He has to accommodate different groups and factions in his party as well as among alliance partners. He also has to heed to the views and positions of the coalition partners and other parties on whose support the survival of the government depends.

Q.19. What are the powers of the Prime Minister? Describe any three. [2011 (T-2)]

Ans. As the head of the government the Prime Minister has wide-ranging powers.

(i) He chairs cabinet meetings

(ii) He coordinates the work of different Departments.

(iii) He exercises general supervision of different ministries. He can and does dismiss ministers. When the Prime Minister quits the entire ministry quits.

Q.20. ‘‘Parliament is the supreme legislature of India.’’ Justify the statement. [2011 (T-2)]

Ans. In all democracies, an assembly of elected representatives exercises supreme political authority on behalf of the people. In India, such a national assembly of elected representatives is called Parliament. At the state level, it is called Legislature or Legislative Assembly. Parliament is the final authority for making laws in any country. Parliaments all over the would can make new laws, change existing laws or abolish existing laws and make new ones in their place.

LONG ANSWER TYPE QUESTIONS 

Q.1. What was the reaction of the people to the implementation of Mandal Commission Report?

Ans. The implementation of the Mandal Commission Report led to widespread protests and counterprotests, some of which were violent. People reacted strongly because this decision affected thousands of job opportunities. Some felt that job reservations were essential to cope up with the inequalities among people of different castes in India. Others felt that this was unfair as it would deny equality of opportunity to people who did not belong to the backward communities. They would be denied jobs even if they were more qualified.

Q.2. Write about some of the activities involved in governing a country.

Ans. Governing a country involves various activities. For example, the government is responsible for ensuring security to the citizens and providing facilities for education and health to all. It collects taxes and spends the money thus raised on administration, defence and development programmes. It formulates and implements several welfare schemes. Some persons have to take decisions on how to go about these activities. Others have to implement these decisions. It is also important that these activities keep taking place even if the persons in key positions change.

Q.3. In which ways does the Parliament exercise political authority on behalf of the people? Ans. (i) Parliament can make new laws, change existing laws, or abolish existing laws and make new ones in their place.

(ii) Those who run the government can take decisions only so long as they enjoy support of the Parliament.

(iii) Parliament controls all the money that government has. Public money can be spent only when the Parliament sanctions it.

(iv) Parliament is the highest forum of discussion and debate on public issues and national policy.

Q.4. Describe the ways in which Lok Sabha is more powerful than Rajya Sabha.

[Important]

Ans. (i) An ordinary law has to pass through both Lok Sabha and Rajya Sabha. In case of differences, a joint session is held. Since Lok Sabha has larger number of members will prevail.

(ii) Lok Sabha exercises more powers in money matters. Once it passes the budget or the money bills, the Rajya cannot reject it. It can delay it by 14 days or suggest changes in it. The Lok Sabha may or may not accept these changes.

(iii) Lok Sabha controls the Council of Ministers. If the majority of Lok Sabha members say they have no confidence in the Council of Ministers, all ministers including the Prime Minister, have to quit. Rajya Sabha does not have this power.

Q.5. How can you say that the President occupies the position of a nominal head of the State? Ans. The President is not elected directly by the people. She or he can never claim the kind of direct popular mandate that the Prime Minister can. This ensures that she or he remains only a nominal executive. The Constitution gives vast powers to the President. But the latter exercises them only on the advice of the Council of Ministers. The President can ask the Council of Ministers to reconsider its advice. But if the same advice is given again, she or he is bound to act according to it. Similarly, when a bill comes to the President for signatures she or he can return it to the Parliament with her or his advice but when the bill comes for her signatures again, she or he has to sign it, whether the Parliament agrees to her / his advice or not.

Q.6. What are the powers of the Supreme Court?

Ans. The Supreme Court controls the judicial administration of the country. Its decisions are binding on all other courts of the country. It can take up any dispute

• Between citizens of the country;

• between citizens and government;

• between two or more state governments;

• between governments at the union and state level.

It is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of the High Courts. The Supreme Court has the power to interpret the Constitution of the country. It can determine the constitutional validity of any law. This is known as judicial review.

Q.7. Write any three powers of the Prime Minister? [CBSE 2010]

Ans. The Prime Minister is the most important political institution in the country. He/ She has wide ranging powers.

(i) He chairs cabinet meetings.

(ii) His decisions are final in case of disagreement between departments.

(iii) He distributes and redistributes work to ministers. He also has power to dismiss ministers. When the Prime Minister quits, the entire ministry quits. Thus within the cabinet the Prime Minister is the most powerful so much so that parliamentary democracies are sometimes seen as prime ministerial form of government.

Q.8. Write two ways in which it can be proved that the President does not have any real powers. What can the President really do on his/her own? [CBSE 2010]

Ans. In our political system the head of the state exercises only nominal powers. The President of India is like the Queen of Britain whose functions are to a large extent ceremonial. The President supervises the overall functioning of all the political institutions in the country so that they operate in harmony to achieve the objectives of the state.

The President represents the entire nation but can never claim the kind of direct popular mandate that the Prime Minister can. The same is true of his powers. All government activities do take place in the name of the President. All laws and major decisions of the government are issued in his name, all international treaties and agreements are made in his name but the President exercises these powers only on the advice of the Council of Ministers.

Q.9. Explain the difference between Political Executive and Permanent Executive. [2011 (T-2)] Ans. In a democratic country two types of executives are there. ‘‘One that is elected by the people for a specific period, it is called the political executive. Political leaders who take big decisions fall into this category. In the second category people are appointed on a long-term basis. This is called the permanent executive or civil services. Persons working in civil services are called civil servants. They remain in office even when the ruling changes. These officers work under political executive.

Q.10. In what ways does the Parliament exercise political authority? Explain. [2011 (T-2)] Ans. Parliament is the final authority for making laws in any country. This task of law making or legislation is so crucial that these assemblies are called legislatures. Parliaments all over the world exercise some control over these who run the government. In some countries like Inida this control is direct and full. Those who run the government can take decisions only, so long as they enjoy support of the Parliament. Parliaments control all the money that governments have. Parliament is the highest forum of discussion.

Q.11. Describe any four constitutional provisions for making judiciary independent.

[2011 (T-2)]

Ans. Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. There is very little scope for the ruling party to interfere.

(i) The appointment of judges of Supreme Court and High Courts is done by the President on the advice of the Prime Minister and in consultation with the Chief Justice of the Supreme Court.

(ii) Once a person is appointed as judge of the Supreme Court or the High Court, it is impossible to removed him.

(iii) The judiciary in India is one of the most powerful in the world. The Supreme Court and the High Courts have the power to interpret the constitution of the country.

(iv) They can declare invalid any law of the legislative or the actions of the executive whether at the Union level or at the State level.

Q.12. How is the judicial system organised in India? Mention its major function. [2011 (T-2)]

Ans. An independent and powerful judiciary is considered essential for democracies. All the courts at different levels in a country put together are called the judiciary. The Indian judiciary consists of a Supreme Court for the entire nation, High Courts in the states, district courts and the courts at the local level. India has an integrated judiciary. It means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the country. It is the highest court of appeal in civil and criminal cases.

Q.13. Why is the Prime Minister the most powerful man in the government? Explain.

[2011 (T-2)]

Ans. The Prime Minister has wide-ranging powers as head of the government. He chairs cabinet meetings, coordinates the work of different departments. His decisions are final. All ministers work under him/his leadership. He distributes and redistributes work to the ministers. He also has the power to dismiss them and when he quits the entire ministry quits. The Prime Minister controls the cabinet and the Parliament through the party.

How is a Major Policy Decision Taken?

• Government of India appointed a Commission in 1979, headed by B.P. Mandal, called Second Backward Commission.

• Commission gave a report in 1980. One of the suggestions was to reserve 27 per cent of government jobs for Socially and Economically Backward Classes (SEBC).

• Parliament discussed this for many years.

• Janata Dal won elections in 1989. V.P. Singh, the Prime Minister, decided to implement

reservations.

• The President announced it in his address to the Parliament.

• On 6 August 1990, the Cabinet decided to implement and the Prime Minister announced it in both Houses of Parliament.

• The senior officers drafted an order, signed by an officer and it became the Memorandum issued on 13 August 1990.

• There was a heated debate on the issue and it was finally taken to the Supreme Court. The case was known as “Indira Sawhney and others vs Union of India case.”

• In 1992 Supreme Court declared the Mandal order as valid but asked for some modifications.

Also check: Working of Institutions Notes Class 9th Civics Chapter 5

Need for Political Institutions

• A government has to perform various duties, formulate policies and implement them.

• Some have to formulate schemes, some have to take decisions, some have to implement the decisions.

• Hence the need for institutions to do all the above.

• The Constitution of a country lays down basic rules on powers and functions of each institution.

• The institutions are the Legislative (Parliament), the Executive (the Government) and the Judiciary.

Parliament : (i) It is needed as final authority to make laws in the country. (ii) To exercise control over the workings of the government. (iii) To control the expenditure of the government, and control public money. (iv) As the highest forum of discussion and debate it decides public issues and national policies.

• Two Houses of Parliament. Lok Sabha and Rajya Sabha. The former has elected representatives and is the House of People.

• The Rajya Sabha elected by the elected members of each State Assembly is called the Council of States.

• Lok Sabha is more important in money matters, control over the executive, has more members.

• Rajya Sabha is more important in matters concerning the states.

• Lok Sabha is elected for a period of five years. The Rajya Sabha is a permanent House, with one third members retiring every two years. The term of each member is for six years.

Political Executive

• The President, the Prime Minister and his Council of Ministers and the civil servants form the executive.

• The Political Executive consists of political leaders elected by the people, who act on their behalf and are responsible to the public who elected them. They take all the decisions, understand the overall picture.

• The second category is called the permanent executive consisting of civil servants. They help the political executive in carrying out the day to day work. They are experts but do not take the final decision.

• Prime Minister has three kind of ministers to help him : (i) Cabinet Ministers, (ii) Ministers of State and (iii) Deputy Ministers.

• The Prime Minister’s position is supreme. He chooses his Cabinet and his decision is final, except in a coalition government where he has to listen to other party members.

• When the Prime Minister quits, the entire ministry quits.

• The President is the nominal head in India. He is not directly elected by the people as in

USA.

• All the Members of Parliament and Members of the State Legislatures elect him. Since he

is elected indirectly, he does not have the same powers as the Prime Minister.

• The President exercises all his legislative, executive, financial, judicial, military powers only on the advice of the Prime Minister and his Council of Ministers.

• The President can only delay a bill. If the Parliament passes it again, he has to sign it.

• President has the power to appoint the leaders when there is a coalition on his own discretion.

The Judiciary: India has one of the most powerful judiciaries.

• The Judiciary is independent of both the Executive and the Legislature.

• The Chief Justice of the Supreme Court is appointed by the President on the advice of the Prime Minister and his Council of Ministers.

• The other judges of the Supreme Court and the State High Courts are appointed in the same way but on the advice of the Chief Justice.

• Once appointed, the Judges can be removed only by impeachment.

• The Judiciary is the custodian of the Constitution, and the Supreme Court and the High Courts have the power to interpret the Constitution.

• It can declare any law passed by the Legislature as invalid, if it violates the Constitution.

• It safeguards the Fundamental Rights of the people of India, and checks malpractices and misuse of power by the Executive or the Legislature.

Working of Institutions

A Government Order

An order announces a major policy decision taken by the government for immediate implementation.

The Decision Makers

1. President is the head of the state and is the highest formal authority in the country.
2. Prime Minister is the head of the government and actually exercises governmental powers. He takes most of the decisions in theCabinet meetings.
3. Parliament consists of two Houses, LokSabha and RajyaSabha. The parliament makes important laws to be followed by everyone.

A long chain of events before the passing of Government Order for OBC reservation.

1. The Government of India hadappointed the Second BackwardClasses Commission in 1979. It washeaded by B.P. Mandal. Hence it waspopularly called the MandalCommission.
2. The Commission gaveits Report in 1980 and made manyrecommendations. One of these wasthat 27 per cent of government jobsbe reserved for the socially andeconomically backward classes.
3. For several years, many parliamentarians and parties kept demanding the implementation of the commission’s recommendations.
4. Then came the LokSabha electionof 1989. In its election manifesto, theJanata Dal promised that if voted topower, it would implement theMandal Commission report.
5. Janata Dal did form the government after this election. Its leader V. P.Singh became the Prime Minister and he implemented it.

Involvement of several political institutions in implementing OBC reservation (Mondal Commission recommendations):

1. The President of India in hisaddress to the Parliamentannounced the intention of thegovernment to implement therecommendations of the MandalCommission.
2. On 6 August 1990, the union cabinet took a formal decision to implement the recommendations.
3. Next day Prime Minister V.P. Singh informed the Parliament about this decision through a statement both the Houses of Parliament.
4. The decision of the Cabinet wassent to the Department of Personneland Training. The senior officers ofthe Department drafted an order inline with the Cabinet decision andtook the minister’s approval.
5.  Anofficer signed the order on behalf ofthe Union Government. This washow OBC reservation bill wasborn on August 13, 1990. Many approached the Supreme Court and the Supreme Court judgesin 1992 declared that this order of the Government of India was valid.

What are political Institutions? Need for Political Institutions in India

Several arrangements to provide social security, education, health and basic needs are made inall modern democracies. Sucharrangements are called institutions.A democracy works well whenthese institutions perform functionsassigned to them.

1. The Parliament makes important laws foe the entire nation.
2. The Prime Minister and the cabinet are institutions that take all important policy decisions.
3. The Civil Servants, working together, are responsible for taking steps to implement the ministers’decisions.
4. Supreme Court is an institution where a dispute between citizens and the government is finally settled.

Also Check: Civics Class 9th Social Studies Study Materials, Notes, NCERT Solutions

What is Parliament? Why do we need a Parliament?

An assembly ofelected representatives which exercisessupreme political authority onbehalf of the people. In India, such a national assembly of electedrepresentatives is called Parliament.

1. Parliament is the final authority formaking laws in any country.Parliamentsall over the world can make newlaws, change existing laws, orabolish existing laws and makenew ones in their place.
2. Parliaments all over the would exercise some control over those who run the government. In some countries like India this control direct and full.
3. Parliaments control all the moneythat governments have. In mostcountries, the public moneycan be spent only when theParliament sanctions it.
4. Parliament is the highest forum of discussion and debate on public issues and national policy in any country. Parliament can seek information about any matter.

Two Houses of Parliament

1. In our country, the Parliamentconsists of two Houses. The twoHouses are known as the Council ofStates (RajyaSabha) and the Houseof the People (LokSabha).
2. The total number of elected members of LokSabha is 543+2 Anglo Indian nominated members.The total number of members of RajyaSabha is 238+12 nominated members.
3. Members of LokSabha are elected by the people. Members of RajyaSabha are elected by the MLAs and MPs.
4. The length of the term of LokSabha members is 5 years.The length of the term of RajyaSabha members is 6 years
5. LokSabha can be dissolved but Raya Sabha is permanent and only the members retire.

How does LokSabha exercise supreme power than RajyaSabha?

1. Any ordinary law needs to bepassed by both the Houses. But ifthere is a difference between thetwo Houses, the final decision istaken in a joint session in whichthe view ofthe LokSabha is likely to prevail.
2. LokSabha exercises more powersin money matters. Once the LokSabha passes the budget of thegovernment or any other moneyrelated law, the RajyaSabhacannot reject but can only delay it by 14 days.
3. Most importantly, the LokSabha controls the Council of Ministers. Only a person who enjoys the support of the majority of the members in the LokSabha is appointed the Prime Minister.
4.  If the majority of the LokSabha members say they have ‘no confidence’ in the Council of Ministers, all ministers including the Prime Minister, have to quit. theRajyaSabha does not have this power.

Executive

At different levels of anygovernment we find functionarieswho take day-to-day decisions and implement those decisions onbehalf of the people. All thosefunctionaries are collectively knownas the executive.

Political and Permanent Executive

1. Politician who is elected by the people for a specific period is called thepolitical executive. Political leaderswho take the big decisions fall in thiscategory.
2. Officers who are appointed on a long-term basis based on their qualification and experience. They are called the permanent executive or civil servants. They remain in office even when the ruling party changes.

Why does the political executive have more power than the non-political executive? OR

Why is the minister more powerful than the civil servant?

1. In a democracy the will of the people is supreme. The minister is elected by the people and thus empowered to exercise the will of the people on their behalf.
2. The Minister is finally answerable to the people for all the consequences of her decision. Thatis why the minister takes all the final decisions.
3.  The minister decides the overall framework and objectives in which decisions on policy should be made.
4. The minister is notexpected to be an expert in thematters of her ministry. The ministertakes the advice of experts on alltechnical matters.
5. The experts can tell the route, but the minister with a larger view decide the destination.

Council of Ministers and Types of ministers:

Council of Ministers is the official name for the body that includes all the Ministers. It usually has 60 to80 Ministers of different ranks.

1. Cabinet Ministers are usually top-level leaders of the ruling party or parties who are in charge of themajor ministries. Usually theCabinet Ministers meet to takedecisions in the name of theCouncil of Ministers.
2. Ministers of State with independentcharge are usually in-chargeof smaller Ministries. Theyparticipate in the Cabinet meetingsonly when specially invited.
3. Ministers of State or Deputy ministers are attached to and required to assist cabinet ministers in their work.

Prime Minister and Powers of the Prime Minister

Prime Minister is the most importantpolitical institutionin the country.ThePresident appoints the leader of themajority party or the coalition ofparties that commands a majorityin the LokSabha, as Prime Minister.

1. As head of the government, the prime minister has wide-ranging powers.
2. He chairs Cabinet meetings. He coordinates the work of differentDepartments. His decisions are finalin case disagreements arise betweenDepartments.
3.  He exercises general supervision of different ministries.All ministers work under his leadership.
4. The Prime Minister distributes and redistributes work to the ministers. He also has the power to dismiss ministers.
5. When the Prime Minister quits the entire ministry quits.The Cabinet is the most powerful institution in India and within the Cabinet the Prime Minister who is the most powerful.

Prime Ministerial form of government.

Thepowers of the Prime Minister in allparliamentary democracies of theworld have increased so many inrecent decades that parliamentarydemocracies are seen asPrime Ministerial form ofgovernment.

The President and Powers of the President:

The President isthe head of the State. The Presidentof India is like the Queen of Britainwhose functions are to a large extentceremonial. The President is elected by all the Members of Parliament (MPs) and Members of State Legislative Assemblies (MLAs).

1. The President supervises the overall functioning of all the political institutions in the country so that they operate in harmony to achieve the objectives of the state.
2. All governmental activities takeplace in the name of the President.All laws and major policy decisionsof the government are issued in hername.
3. All major appointments aremade in the name of the President.These include the appointment ofthe Chief Justice of India, theJudges of the Supreme Court andthe High Courts, theGovernors, the ElectionCommissioners, ambassadors to other countries, etc.
4. All international treaties and agreements are made in the name of the President.
5. ThePresident is the supreme commander of the defense forces of India.President exercises all these powers only on the advice of the Council of ministers.

What is Judiciary?

All thecourts at different levels in a countryput together are called the judiciary.The Indian judiciary consists of aSupreme Court for the entire nation,High Courts in the states, DistrictCourts and the courts at local level.

Types of cases or disputes handled by the courts:

1. Cases Between citizens of the country.
2. Cases between citizens and government.
3. Cases between two or more state governments; and
4. Cases between governments at the union and state level.

Powers of the Supreme Court and High Court

1. Supreme Court is the highest court of appeal incivil and criminal cases. It can hearappeals against the decisions of theHigh Courts.
2. The Supreme Court and the HighCourts have the power to interpretthe Constitution of the country. Theycan declare invalid any law of thelegislature if they find sucha law or action is against theConstitution.
3. The Supreme Court candetermine the Constitutional validityof any legislation or action of theexecutive in the country, when it ischallenged before them. This isknown as the judicial review.
4. The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights. We shall see in the next chapter that the citizens have a right to approach the courts to seek remedy in case of any violation of their rights
5. Courts have given severaljudgments and directives to protectpublic interest and human rights.Anyone can approach the courts ifpublic interest is hurt by the actionsof government. This is called publicinterest litigation.

Independence of the judiciary

1. Independence of the judiciarymeans that it is not under thecontrol of the legislature or theexecutive. The judges do not act onthe direction of the government oraccording to the wishes of the partyin power.
2. The judges of the SupremeCourt and the High Courts areappointed by the President on theadvice of the Prime Minister and inconsultation with the Chief Justiceof the Supreme Court. Once aperson is appointed as judge of theSupreme Court or the High Court itis nearly impossible to remove himor her from that position.
3. A judge can be removed only by an impeachment motion passed separately by two-third members of the two Houses of parliament.