This chapter examines how democratic institutions—legislature, executive, and judiciary—function in India, focusing on how major decisions are made and disputes resolved. Using the Mandal Commission case, it explores the roles, interconnections, and democratic nature of these institutions at the national level.
Mandal Commission Case Study: On August 13, 1990, the Government of India an Office Memorandum (O.M.) reserving 27% of government jobs for Socially and Educationally Backward Classes (SEBCs). This extended reservations beyond SCs and STs, sparking controversy.
Background: In 1979, the Second Backward Classes Commission (Mandal Commission), was set up under B.P. Mandal to identify SEBCs and recommend advancement measures. Its 1980 report proposed 27% job reservation. The Janata Dal, led by V.P. Singh, promised implementation in its 1989 manifesto and formed the government.
Decision Process:
Controversy: The decision led to protests, as some supported it for addressing caste inequalities, while others argued it denied equal opportunities to non-SEBCs and fueled caste divisions.
Resolution: Opponents filed cases in the Supreme Court to hear the cases as ‘Indira Sawhney and others v. Union of India’. In 1992, it upheld the O.M. but excluded well-off SEBCs. A modified O.M. was issued in 1993, ending the dispute.
Key Insight: Major decisions involve the President (announcement), Cabinet/PM (decision), Parliament (influence), government officials (execution), and Supreme Court (judgment).
Role of Parliament: Parliament, comprising the Lok Sabha, Rajya Sabha, and President, is the supreme legislative body representing the people.
Functions:
Two Houses:
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Members | Up to 552 | Up to 250 |
| Election | Directly by people | Indirectly by state assemblies |
| Term | 5 years | 6 years (1/3 retire every 2 years) |
| Nature | Can be dissolved | Permanent |
Lok Sabha’s Supremacy:
Example (Dec 7, 2004): Lok Sabha answered 250 questions, tabled reports (e.g., IIT Kharagpur), introduced bills (e.g., Minority Educational Institutions), passed laws (e.g., Securities Laws), and discussed foreign policy, showcasing its legislative, oversight, and deliberative roles.
Mandal Case Role: Parliamentary debates on the Mandal report pressured the government, illustrating its influence despite not directly deciding.
Executive Types: The executive executes government policies. The political executive (elected, e.g., ministers) makes decisions, while the permanent executive (civil servants) implements them.
Why Political Executive is Supreme: Elected ministers reflect the people’s will, making them accountable. They set policy frameworks, relying on civil servants’ expertise but deciding based on broader objectives.
Prime Minister (PM):
Council of Ministers: Comprises 60–80 ministers:
Cabinet Dynamics: Decisions are collective, with no public dissent allowed. The Cabinet Secretariat (civil servants) aids coordination.
PM’s Power: The PM dominates due to party control and public influence (e.g., Nehru, Indira Gandhi). Coalition politics limits this, requiring consensus with allies.
President: The nominal head of state, elected by MPs and MLAs, performs ceremonial roles:
Parliamentary vs. Presidential System: India’s parliamentary system makes the PM (with Lok Sabha support) supreme, unlike the US presidential system, where the directly elected President holds executive power.
Structure: India’s integrated judiciary includes the Supreme Court, High Courts, District Courts, and local courts, with the Supreme Court overseeing all.
Roles: Resolves disputes between citizens, citizens and government, states, or union and states. It’s the highest appellate court for civil/criminal cases.
Independence:
Judicial Review: Courts ensure laws and actions align with the Constitution, protecting its basic structure.
Public Interest Litigation (PIL): Citizens can approach courts for public interest or rights violations, enabling intervention against government misuse.
Mandal Case Role: The Supreme Court’s 1992 verdict upheld the reservation but mandated excluding affluent SEBCs, demonstrating its role as a constitutional guardian.
Significance: An independent judiciary ensures fair dispute resolution, upholds rights, and maintains public trust, unlike systems lacking such courts.
Institutional Framework: Legislature (Parliament), executive (PM, Council of Ministers), and judiciary (courts) collectively govern, with checks and balances.
Decision-Making: Major decisions involve multiple institutions, as seen in the Mandal case, ensuring democratic deliberation.
Parliament’s Supremacy: Lok Sabha’s control over legislation, finance, and the executive ensures people’s will prevails.
Executive Dynamics: The political executive (PM, ministers) leads, supported by civil servants, with the PM’s power tempered by coalitions.
Judiciary’s Role: An independent judiciary protects rights, reviews laws, and resolves disputes, reinforcing democracy.