Parliament

The Parliament of India is the supreme legislative body of the Republic of India. It is bicameral, consisting of the President of India and two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The President is an integral part of Parliament, though not a member of either House. He participates in the legislative process by assenting to bills passed by both Houses.

Lok Sabha (House of the People)

The Lok Sabha is the lower house of the Parliament. Its members are directly elected by the people of India on the basis of universal adult suffrage. The maximum strength of the Lok Sabha is 550 members. Of these, 530 members represent the states and 20 members represent the Union Territories. Initially, two members were nominated by the President to represent the Anglo-Indian community, but this provision has been discontinued by the 104th Constitutional Amendment Act, 2019.

The term of the Lok Sabha is five years, unless dissolved earlier by the President. Its presiding officer is the Speaker, who is elected by the members of the Lok Sabha from amongst themselves. The Speaker's role is crucial in maintaining order, regulating debates, and interpreting the rules of the House. In the absence of the Speaker, the Deputy Speaker presides over the sessions.

Rajya Sabha (Council of States)

The Rajya Sabha is the upper house of the Parliament. It is a permanent body, meaning it is not subject to dissolution. One-third of its members retire every two years, and a new one-third is elected to fill the vacancies. The maximum strength of the Rajya Sabha is 250 members. Of these, 238 are elected by the elected members of the state legislative assemblies and the Union Territories, and 12 members are nominated by the President from amongst persons having special knowledge or practical experience in fields like literature, science, art, and social service.

Members of the Rajya Sabha are elected on the basis of proportional representation by means of the single transferable vote. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He presides over the sessions, but he does not vote in the House except in the case of an equality of votes. The Deputy Chairman, elected by the Rajya Sabha from amongst its members, presides over the sessions in the absence of the Chairman.

Powers and Functions of Parliament

The Parliament holds significant powers and performs various functions:

• Legislative Powers: Parliament has the exclusive power to make laws with respect to any of the matters enumerated in the Union List and the Concurrent List of the Seventh Schedule of the Constitution. It also has the power to make laws for any part of India for the purpose of implementing any treaty, agreement, or convention with another country.
• Financial Powers: Parliament controls the purse of the nation. No money bill can be introduced in Parliament except on the recommendation of the President, and it can only be introduced in the Lok Sabha. The Union Budget is presented and passed by Parliament.
• Control over the Executive: Parliament exercises control over the executive through various mechanisms like questions, discussions, adjournment motions, no-confidence motions, and budget scrutiny. The Council of Ministers is collectively responsible to the Lok Sabha.
• Constituent Powers: Parliament has the power to amend the Constitution, although certain parts require ratification by the states.
• Electoral Functions: Parliament elects the President and Vice-President of India. Members of the Lok Sabha also participate in the election of the President.
• Judicial Functions: Parliament has the power to impeach the President and remove judges of the Supreme Court and High Courts, and the Chief Election Commissioner, etc., on grounds of proved misbehaviour or incapacity.
• Deliberative Functions: Parliament serves as a forum for national debate on various issues of public importance.

Executive

The executive branch of the Government of India is responsible for the implementation of laws passed by the Parliament and the administration of the country. It consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the administrative machinery (civil services).

President of India

The President is the head of the State and the first citizen of India. He is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies, in accordance with the system of proportional representation by means of the single transferable vote. The President holds office for a term of five years from the date on which he enters upon his office. He can be re-elected.

All executive actions of the Government of India are formally taken in his name. However, the President acts on the advice of the Council of Ministers, headed by the Prime Minister. This advice is binding on him, as per the 42nd and 44th Constitutional Amendments. The President has significant powers, including legislative powers (summoning and proroguing Parliament, dissolving Lok Sabha, giving assent to bills), executive powers (appointing Prime Minister and other ministers, appointing Attorney General, CAG, etc.), financial powers (recommending money bills, Contingency Fund of India), judicial powers (pardoning power), and emergency powers (declaring National Emergency, State Emergency, Financial Emergency).

Vice-President of India

The Vice-President is the second-highest office in the country. He is elected by an electoral college consisting of all the members of both Houses of Parliament. He is ex-officio Chairman of the Rajya Sabha and acts as President during a vacancy in the President's office due to death, resignation, or removal.

Prime Minister and Council of Ministers

The Prime Minister is the real head of the executive. He is appointed by the President, who usually appoints the leader of the majority party in the Lok Sabha. The Prime Minister selects the other ministers and allocates portfolios to them. The Council of Ministers, headed by the Prime Minister, advises the President in the exercise of his functions and is collectively responsible to the Lok Sabha.

The Council of Ministers is divided into three categories: Cabinet Ministers, Ministers of State (with independent charge or without independent charge), and Deputy Ministers. The Cabinet is the highest decision-making body in the political system, responsible for all major policy decisions.

Administrative Machinery

This includes the various ministries, departments, and agencies of the central government, headed by secretaries who are civil servants. The All India Services (IAS, IPS, IFS) and Central Services form the backbone of the administrative machinery, ensuring the implementation of government policies across the country.

Judiciary

The Indian judiciary is an independent and integrated system, responsible for interpreting the Constitution, administering justice, and upholding the rule of law. It comprises the Supreme Court, High Courts, and subordinate courts.

Supreme Court of India

The Supreme Court is the apex court of the country. It is a court of record and has the power of judicial review. It consists of the Chief Justice of India and a number of other judges, as determined by Parliament. Judges are appointed by the President in consultation with the Chief Justice of India and other judges. They hold office until they attain the age of 65 years.

The Supreme Court has extensive original, appellate, and advisory jurisdiction. Its original jurisdiction covers disputes between the Centre and states, states and states, and fundamental rights cases. Its appellate jurisdiction extends to civil, criminal, and constitutional matters decided by the High Courts. The advisory jurisdiction involves the President seeking its opinion on questions of law or fact of public importance.

High Courts

Each state has a High Court, and Parliament can establish a common High Court for two or more states. High Courts are the principal civil courts of original jurisdiction in each state and have appellate jurisdiction over subordinate courts. Judges of High Courts are appointed by the President in consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court. They retire at the age of 62 years.

Subordinate Courts

Below the High Courts are the subordinate courts, which include district courts, civil courts, and criminal courts (magistrate courts). These courts handle the bulk of litigation at the local level and function under the superintendence of the High Courts.

Independence of the Judiciary

The Indian Constitution ensures the independence of the judiciary through various provisions, such as:

• Security of tenure for judges.
• Fixed service conditions for judges, which cannot be altered to their disadvantage.
• Prohibition on discussion of the conduct of judges in Parliament (except on a motion for impeachment).
• Power to punish for contempt of court.
• Separation of judiciary from the executive.

Federalism

Federalism is a system of government in which power is divided between a central authority and constituent political units (like states or provinces). India has a quasi-federal system, often described as a 'union of states' rather than a federation of states. This means that while power is divided between the Union (Central Government) and the States, the Union has a stronger position.

Features of Indian Federalism

India's federal structure has the following key features:

• Dual Polity: There is a division of governmental powers between the Centre and the States, each having its own sphere of authority.
• Written Constitution: A written constitution is essential for any federal system, and India has a detailed written constitution that outlines the powers and functions of both the Union and the States.
• Division of Powers: The Seventh Schedule of the Constitution divides legislative powers between the Union and the States through three lists:
  • Union List: Subjects on which Parliament alone can legislate (e.g., Defence, Foreign Affairs, Railways, Banking).
  • State List: Subjects on which State Legislatures alone can legislate (e.g., Public Order, Police, Agriculture, Local Government).
  • Concurrent List: Subjects on which both Parliament and State Legislatures can legislate (e.g., Education, Marriage, Forests, Trade Unions). In case of a conflict, Union law prevails.
• Supremacy of the Constitution: The Constitution is the supreme law of the land, and all organs of government must abide by it.
• Rigid Constitution: The federal provisions of the Constitution can be amended only by the joint action of the Union Parliament and the State Legislatures, making it rigid in certain aspects.
• Independent Judiciary: An independent judiciary acts as an umpire to settle disputes between the Union and the States or between the States themselves.
• Bicameralism: The Rajya Sabha, representing the states, is a feature of federalism, ensuring that the states have a voice in the Union legislature.

Centre-State Relations

The Constitution of India establishes a framework for cooperation and coordination between the Union and the States. These relations can be broadly categorized into:

• Legislative Relations: Governed by Article 245-255 of the Constitution, dealing with the territorial extent of Union and State laws and the distribution of legislative powers through the three lists.
• Administrative Relations: Governed by Article 256-263, where the executive power of every State must be exercised so as to ensure compliance with the laws made by Parliament. The Union can also give directions to States.
• Financial Relations: Governed by Article 268-281, detailing the distribution of taxes, grants-in-aid, and borrowing powers between the Union and the States.

Article 263 provides for the establishment of an Inter-State Council to promote cooperation between the Union and the States. The Finance Commission, appointed every five years, plays a crucial role in recommending the distribution of financial resources.

Federalism in Practice

While the constitutional framework provides for a federal system, the actual working of federalism in India has evolved over time. Initially, the Centre-State relations were cooperative. However, with the rise of regional parties and demands for greater autonomy, tensions have often emerged. The Sarkaria Commission and the Punchhi Commission were set up to review Centre-State relations and suggest improvements to the federal structure.