Working of Institutions...................Part III

Q7. Write a note on Prime Minister and his Council of ministers.

1. Prime Minister is the most important political institution in the country.
2. The President appoints the Prime Minister.
3. The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha, as Prime Minister.
4. In case no single party or alliance gets a majority, the President appoints the person most likely to secure a majority support. 
5. The Prime Minister does not have a fixed tenure. 
6. He continues in power so long as he remains the leader of the majority party or coalition.
7. The President appoints other ministers on the advice of the Prime Minister. 
8. The Ministers are from the party or the coalition that has the majority in the Lok Sabha. 
9. 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  has 60 to 80 Ministers of different ranks.

Cabinet Ministers 

1. They are top-level leaders of the ruling party or parties who are in charge of the major ministries. 
2. The Cabinet Ministers meet to take decisions in the name of the
   Council of Ministers. 
3. Cabinet is the inner ring of the Council of Ministers. It comprises about 20 ministers.

Ministers of State with independent charge 

1. They are in-charge of smaller Ministries. 
2. They participate in the Cabinet meetings only when specially invited.

Ministers of State 

1. They are attached to and required to assist Cabinet Ministers.

Q8. How a person who is not a member of Parliament can also
become a minister?

1. A person who is not a member of Parliament can also become a minister. 
2. Such a person has to get elected to one of the Houses of the Parliament within six months of appointment as minister.

Q9. Why Parliamentary democracy in most countries is often known as the Cabinet form of government?

1. The Parliamentary democracy in most countries is often known as the Cabinet form of government because it is not practical for all ministers to meet regularly and discuss everything thus the decisions are taken in Cabinet meetings. 
2. The Cabinet as a team is assisted by the Cabinet Secretariat which includes many senior civil servants who coordinate the working of different ministries.

Q10. What are the  powers of the Prime Minister?

1. Prime Minister is the head of the government.
2. He chairs Cabinet meetings.
3. He coordinates the work of different Departments. 
4. His decisions are final in case disagreements arise between
   Departments. 
5. He exercises general supervision of different ministries. All ministers work under his leadership. 
6. The Prime Minister distributes and redistributes work to the ministers. 
7. He also has the power to dismiss ministers. 
8. When the Prime Minister quits the entire ministry quits.

Q11. Discuss the limitations or constraints on the powers of Prime Minister in a coalition government?

1. The Prime Minister of a coalition government cannot take decisions as he likes.
2. He has to accommodate different groups and factions in his party as well as among alliance partners. 
3. 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.

Q12. How is  the President of India elected? 

1. The President of India is not elected directly by the people.
2. The elected Members of Parliament (MPs) and the elected
3. Members of the Legislative Assemblies (MLAs) elect her. 
4. A candidate standing for President’s post has to get a majority of votes to win the election.

Q13. What are the  powers of the President of India?

1. All governmental activities take place in the name of the President. 
2. All laws and major policy decisions of the government are issued in her name. 
3. All major appointments are made in the name of the President:- The appointment of the Chief Justice of India, the Judges of the Supreme Court and the High Courts of the states, the Governors of the states, the Election Commissioners, the ambassadors to other countries. 
4. All international treaties and agreements are made in the name of the President.  
5. The President is the supreme commander of the defence forces of India. 
6. A bill passed by the Parliament becomes a law only after the President gives assent to it.

Q14.What do you understand by ' An Independent Judiciary'? Why an independent and powerful judiciary is considered essential for democracies?

1. Independence of the judiciary means that it is not under the control of the legislature or the executive. 
2. The judges do not act on the direction of the government or according to the wishes of the party in power. 
3. In Indian democracy courts are independent of the legislature and the executive. 
4. 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. 
5. The senior judges of the Supreme Court select the new judges of the Supreme Court and the High Courts. 
6. There is very little scope for interference by the political executive.
7. The senior most judge of the Supreme Court is appointed the Chief Justice. 
8. Once a person is appointed as judge of the Supreme Court or the High Court it is nearly impossible to remove him or her from that position.
9. It is as difficult as removing the President of India. 

Q15. How a  judge can be removed?

1. A judge can be removed only by an impeachment motion passed separately by two thirds members of the two Houses of the Parliament.

Q16. What are the powers of Judiciary? 
The judiciary in India is also one of the most powerful in the world.

1. The Supreme Court and the High Courts have the power to interpret the Constitution of the country.  
2. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution.  
3. They can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review.  
4. The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament. 
5. It  act as the guardian of the Fundamental Rights.
6. It is the highest court of appeal in civil and criminal cases.
7. It can hear appeals against the decisions of the High Courts.
8. It can take up any dispute  such as:-

        Between citizens of the country; 

        Between citizens and government; 

        Between two or more state governments; 

        Between governments at the union and state level.

Q17. What is Public Interest Litigation?

1. Any one can approach the courts if public interest is hurt by the actions of government. This is called public interest litigation.
2. The courts intervene to prevent the misuse of the government’s power to make decisions. 
3. They check malpractices on the part of public officials. 
4. Thus judiciary enjoys a high level of confidence among the people.