Tuesday, October 27, 2009

Indian Government History


















The Constitution of India states India to be a sovereign, socialist, secular, democratic republic. India is a federal republic, with a bicameral parliament operating under a Westminster-style parliamentary system. The Constitution of India was formed on 26 January 1950. It has a three branch system of governance consisting of the legislature, executive and judiciary.

THE LEGISLATURE

The President, who is the head of state, has a largely ceremonial role. His roles include interpreting the constitution, signing laws into action, and issuing pardons. He is also the Commander-in-Chief of the armed forces. The President and Vice-President are elected indirectly by an electoral college for five-year terms. The Prime Minister is the head of government and has most of the executive powers. He (or she) is designated by legislators of the political party or coalition commanding a parliamentary majority. The constitution does not provide for a post of Deputy Prime Minister, but this option has been exercised from time to time.

India has a parliamentary form of government based on universal adult franchise. The executive authority is responsible to the elected representatives of the people in Parliament for all its decisions and actions. Sovereignty rests ultimately with the people. The legislature of India is the bicameral Parliament which consists of the upper house known as the Rajya Sabha, or Council of States, the lower house known as the Lok Sabha, or House of the People, and the President.

Rajya Sabha (Council of States):

The Council of States consists of not more than 238 members, of whom the President of India nominates 12 and the rest are elected. The Rajya Sabha is not subject to dissolution, with one-third of its members retiring at the end of every second year. The elections to the Council are indirect. The 245-member Rajya Sabha is chosen indirectly through an electoral college and has a staggered six year term

Lok Sabha (House of the People):

The Lok Sabha consists of 552 members, 2 of whom may be of the Anglo-Indian community appointed by the President, if they are not adequately represented. The people of India directly elect the members of the Lok Sabha. The 552-member Lok Sabha is elected directly for a five year term, and is the determinative constituent of political power and government formation. Any Indian citizen above the age of eighteen is allowed to vote. A policy of adult franchise through a secret ballot is exercised.Recently the system of electronic voting has been introduced to enable a more economic and fair election process. Each state has a fixed number of seats allotted and each Lok Sabha seat has a clearly defined area. Unless dissolved sooner, the term of the House is five years from the date appointed for its first meeting. The Lok Sabha elects its own presiding officer, the Speaker.

The Council of Ministers:

The Council of Ministers is headed by the Prime minister, who is the leader of the party with a majority or of a coalition. The council of ministers consists of the Cabinet Ministers, the Ministers of State and Deputy Ministers.

THE EXECUTIVE

The executive arm consists of the President, Vice-President and the Council of Ministers (the Cabinet) headed by the Prime Minister. Any minister holding a portfolio must be a member of either house of parliament. In India's parliamentary system, the executive is subordinate to the legislature.

The President of India is the Head of the State and the Commander-in-Chief of the Armed Forces. He is elected by an electoral college composed of members of both the Houses of Parliament (Rajya Sabha and Lok Sabha) and the legislatures of the constituent States. The President holds office for five years and can be re-elected. The President does not normally exercise any constitutional powers on his own initiative. These are exercised by the Council of Ministers, headed by the Prime Minister, which is responsible to the popularly elected Parliament.

The Vice-President of India is elected jointly by the members of both the Houses of Parliament. The person enjoying support of the majority in the Lok Sabha is appointed Prime Minister by the President. The President appoints other ministers on the advice of the Prime Minister. The Prime Minister can remain in office only as long as he or she enjoys majority support in Parliament.

THE JUDICIARY

India's independent judiciary, consists of the Supreme Court, headed by the Chief Justice of India. The Supreme Court has both, original jurisdiction over disputes between states and the Centre, and appellate jurisdiction over the High Courts of India. There are eighteen appellate High Courts, having jurisdiction over a large state or a group of states. Each of these states has a tiered system of lower courts. A conflict between the legislature and the judiciary is referred to by the President. The Constitution also provides for independent organisations such as the Election Commission of India, Comptroller and Auditor General of India and the Attorney General of India.

The judiciary is independent of the executive. It is the guardian and interpreter of the Constitution. The Supreme Court is the highest judicial tribunal, standing at the apex of a single unified system for the whole country. Each State has its own High Court. A uniform code of civil and criminal laws applies to the whole country.

The States

The States have their own Legislative Assemblies and in certain cases a second chamber. All members of the Legislative Assemblies are elected by universal adult franchise. The heads of the States are called Governors. Appointed by the President, they normally exercise the same powers in the States as the President does in the Union government. As in the Central Government, each State has a Cabinet headed by the Chief Minister responsible to the elected State Legislature.

Election Commission

The electoral machinery is centralized in an independent statutory body called the Election Commission. The Commission is responsible for the 'superintendence, direction and control' of the electoral rolls for all elections to Parliament and to the State Legislatures and also for conducting the elections.

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