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Democratic Rights

For a government to be democratic, its citizens must enjoy certain rights to lead a good life. Studying democratic rights is essential as it enables us to understand our freedoms and responsibilities as citizens. It promotes informed decision-making during elections and fosters civic engagement. Additionally, it encourages respect for diversity and upholds the principles of justice and equality, which are the foundations of a healthy democratic society.

Democratic Rights

Life Without Rights 

Have you ever wondered what would life be like if the citizens in a country would not have their basic rights? Let’s take a look at how life without rights looks like with the help of some examples around the world.

a) Prison in Guantanamo Bay:

1. Guantanamo Bay is a naval base near Cuba, where the U.S. Forces secretly abducted about 600 people suspected of involvement in the 9/11 terrorist attacks and imprisoned them at Guantanamo Bay.
2. In many cases, the governments of the prisoners’ home countries were not asked or informed about their imprisonment. Prisoners’ families were not informed about the imprisonments. Families of the prisoners, media, and UN representatives have not been allowed to meet with the prisoners.
3. Amnesty International, an international human rights organisation, reported that prisoners were being tortured in violation of U.S. laws and international treaties.
4. Some prisoners were not released even after being declared not guilty.
5. The UN Secretary General called for the closure of the Guantanamo Bay prison. The U.S. government refused to accept these pleas and the prison remains operational.

Try yourself:

Which country operates Guantanamo Bay prison where prisoners are held without trial and allegedly tortured?

• A.Saudi Arabia
• B.United States
• C.Kosovo
• D.Cuba

View Solution

b) Citizens’ Rights in Saudi Arabia:

1. The country is an absolute monarchy with a hereditary king. The king has full control over the government, selecting the legislature and executive. The king also appoints judges and can overturn their decisions.
2. Citizens are not allowed to form political parties or organizations. The media is heavily censored, only reporting approved content. 
3. Religious freedom is restricted, with Islam as the mandatory state religion. Non-Muslims can only practice their religion privately.
4. Women face significant public restrictions and discrimination. The legal system values the testimony of men over women (one man’s testimony is equal to that of two women).

There are several other countries in the the world where citizens face several such restrictions. 

c) Ethnic Massacre in Kosovo:

Even in countries where a leader is elected democratically, there have been cases where the rights of religious or ethnic minorities have been violated. Look at the case of Kosovo:

1.  Kosovo was a province in Yugoslavia. Albanians were an ethnic majority population in Kosovo, while Serbs were the majority in other parts of Yugoslavia.
2. Milosevic, who became the Prime Minister, wanted Serbs to dominate the country and aimed to eliminate the ethnic minority of Albanians.
3. Thousands of Albanians were massacred under Milosevic’s regime.
4. Finally, with the intervention of many other countries, the massacre stopped. Milosevic lost power and a case was filed against him in the International Court of Justice for crimes against humanity.

Rights in a Democracy

In all the examples above, you can see that the citizens were treated in an unfair and unjust manner. What could have protected them from these cruelties? To ensure a system of security and dignity, democracies offer rights to its citizens. Let’s understand them. 

a) What are Rights?

“Rights are reasonable claims of a person over other fellow beings, over the society and over the government. They are recognized by the society and sanctioned by law.”

Some characteristics of rights: 

1. Rights are things that people can demand from others, society, and the government. They must be fair and not hurt anyone else. When we have a right, we also have a responsibility to respect the rights of others.
2. For something to be a right, society needs to agree that it is important. Rights only matter when they are part of a community. Each society has rules that guide our actions and help us know what is right and wrong. When society agrees that something is a right, it becomes more meaningful.
3. When rights are written into laws, they become much stronger. Without being part of the law, rights are just ideas or moral beliefs. Once a right is in the law, people can demand it and make sure it is respected. If someone breaks the law or ignores a right, people can go to court to protect their rights.

Rights of Citizens in a Democracy

Why do we need Rights in a Democracy?

1. Fundamental Rights provide the conditions which are essential for the development of the inherent qualities in man and to secure his all-round growth.
2. These are necessary to preserve human dignity and promote social progress in an atmosphere of freedom.
3. These provide civil liberties, without which democracy cannot be even conceived.
4. These are a significant check on the arbitrary use of the government.
5. Rights protect minorities from the oppression of the majority.

Rights in the Indian Constitution

The Constitution of India mentions several fundamental rights that it guarantees to all its citizens, and so do most other democracies around the world. Certain rights that are essential to our lives are granted a special status, known as Fundamental Rights. The preamble of our Constitution emphasizes the goal of ensuring equality and justice for all citizens. Fundamental Rights help fulfill this commitment and are a crucial foundational element of India’s Constitution. 

Fundamental Rights in India

a) ‘Right to Equality’

The various aspects of ‘Right of Equality’ are as follows:

1. Rule of law: The constitution guarantees that all the citizens are equal before law, or in other words, the laws apply in the same way to all its citizens. This is called the rule of law.  The same law applies to political leaders and ordinary citizens alike. 
2. There is no discrimination on the basis of race, caste, sex or place of birth.
3. All citizens have access to all public places (like malls, hotels, etc.) and there is no restriction on the use of public utilities like wells, public playgrounds, etc. 
4. The State cannot discriminate against anyone in the matter of employment. All citizens can apply and become employees of the State.
5. Abolition of all titles like Khan Bahadur, etc.
6. People to be given equal opportunity to show their skill.
7. Protection of Weaker Sections: the right of equality gives special provisions for women and children.
8. Reservation: In legislature, educational institutions, government offices, etc, some seats are reserved for the weaker sections.
9. Ban on Untouchability: Untouchability is a form of social discrimination, which is an offence under the Constitution of India. Untouchability isn’t just about avoiding physical contact with certain castes. It includes any belief or practice that discriminates against people because of their caste. This denies them the chance to mix with others or use public places like everyone else. Anyone who practices untouchability is liable to punishment.

Two exceptions to the Right to Equality

The Right to Equality contains two exceptions as follows:

1. Reservation Policies: The Constitution allows for affirmative action, such as reservations in education and employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This is done to promote social and educational equality by giving these historically disadvantaged groups special opportunities.
2. Laws for Special Protections: Certain laws provide special protections or privileges for specific groups, like women and children, based on their unique needs. These laws are meant to address social inequalities and ensure their safety and well-being, even if they create exceptions to the general principle of equality.

• These marginalized groups require additional support and protection due to historical and ongoing instances of discrimination and unequal treatment in various aspects of society. 
• These measures serve to promote social justice and work towards the eradication of inequalities faced by these disadvantaged groups in society.
• Equality isn’t about treating everyone the same, regardless of their needs. It’s about providing equal opportunities for everyone to achieve their potential. Sometimes, this requires giving special treatment to ensure fairness. 
• Job reservations serve this purpose by helping to create equal opportunities. 

Try yourself:Which of the following is NOT a part of the Right to Equality in a democracy?

• A.Abolition of titles except for military and academic distinctions.
• B.Reservation in educational institutions for marginalized groups.
• C.Ban on untouchability.
• D.Right to vote for all citizens.

View Solution

b) Right to Freedom

The Right to Freedom is a Fundamental Right given to us by the Constitution and safeguarded by the government . It consists of the following rights:

1. Freedom of speech and expression.
2. Freedom to assemble peacefully.
3. Freedom to form unions and associations.
4. Freedom to move within the country.
5. Freedom to live in any part of India.
6. Freedom to practice any profession.

In addition, the Parliament has enacted a law giving the right to information to the citizens.

Right to Freedom

Freedom of speech and expression 

• You have the right to disagree with government policies or the actions of an organization and to voice your opinions in conversations with family and friends.
• You can share your views through various forms of media, like pamphlets, magazines, newspapers, art, poetry, or songs. 
• However, this freedom doesn’t allow you to incite violence, encourage rebellion against the government, or defame others by spreading false and harmful information.

Freedom to assemble peacefully

• Citizens are free to hold meetings, processions, rallies, and demonstrations on various issues.
• However, these gatherings must be peaceful and should not cause public disorder or disturb the peace.
• Participants in these activities are not allowed to carry weapons.

Freedom to form unions and associations

Citizens also have the right to form associations, such as workers in a factory creating a union to advocate for their interests or a group of people forming an association to fight against corruption or pollution in their town.

Freedom to move within and live in any part of the country

• We have the freedom to live and settle in any part of India.
• For example, if someone from Assam wants to start a business in Hyderabad, even if they’ve never been to the city or have any connections there, they have the right to do so as an Indian citizen.
• This right enables millions of people to migrate from villages to towns and from less developed areas to more prosperous regions and big cities.

Freedom to practice any profession

• No one can compel you to take up or avoid a specific job.
• Women cannot be restricted from certain types of work.
• Individuals from disadvantaged castes cannot be forced to stick to their traditional occupations.

“No citizen can be denied his life and liberty.”

The Right to Freedom guarantees that no citizen can be denied his life and liberty.

1. These can be denied only by law, i.e., only if a citizen has violated a law or committed a crime.
2. No one can be arrested without being told why he/she is being arrested.
3. And, if arrested, every citizen has the right to defend himself/herself through a lawyer of his/her own choice.
4. Also, if a citizen is arrested, he/she must be brought before a magistrate within 24 hours.

Recently, the Supreme Court has expanded the meaning of the right to life to include the right to food. All these rights are given to the citizens to ensure that the government cannot oppress them unjustly or take away their liberty.

Preventive Detention:

If a person is seen to be a threat to law or unity and integrity of the country, the government can detain such person to prevent any damage. this is called Preventive Detention. But preventive detention can extend only for three months. The period can be extended by an advisory board. At the end of this period, the person should either be brought for trial before a Court or released.

c) Right Against Exploitation

When the rights to liberty and equality are recognized, it naturally leads to the right of every citizen to be free from exploitation. The makers of the Constitution believed it was important to include specific provisions to protect vulnerable groups from exploitation. The Constitution identifies three particular forms of exploitation and explicitly declares them illegal.

1. Traffic in Human Beings
   • The Constitution prohibits traffic in human beings, which means the selling and buying of human beings, usually women, for immoral purposes.
2. Forced Labour (Begar)
   • The Constitution also prohibits forced labour or begar in any form. Begar is a practice where a worker is compelled to provide services to their employer without payment or for a minimal wage. 
   • When this practice continues over a lifetime, it is known as bonded labour. 
3. Child Labour
   • The Constitution bans child labour, forbidding the employment of anyone under the age of fourteen in factories, mines, or other dangerous jobs, including work in railways and ports. 
   • This constitutional mandate has led to the creation of various laws to prevent children from working in industries like beedi production, firecrackers, matches, printing, and dyeing.

These provisions are essential to protect the fundamental rights of citizens, particularly those from vulnerable sections of society. The enforcement of these laws ensures that individuals are not subjected to exploitation and can live with dignity and freedom.

Try yourself:

Which of the following is NOT a restriction to the Right to Freedom in India?

• A.National Integration
• B.Protection of Public Property
• C.Right to Food
• D.Public Order and Morality

View Solution

d) Right to Freedom of Religion

Under our constitution, everyone has the right to follow, practice, and promote their chosen religion. Additionally, each religious group or sect is free to manage its own religious activities. . Accordingly,

1. There is no discrimination against any religion;
2. Laws are not passed based on religion;
3. A citizen can be proactive in any religion which he/she wishes to;
4. Religion Constitutional sects can set up charitable institutions.

What You Cannot Do Under the Right to Freedom of Religion

• You cannot force, deceive, or use inducements to convert someone to your religion. While you are free to share and promote your beliefs, conversion must be voluntary.
• You cannot engage in practices that harm others or are illegal under the guise of religion. For instance, animal or human sacrifices are not permitted.
• You cannot enforce religious practices that discriminate against or restrict the freedoms of individuals, particularly women. For example, it is not allowed to compel a widow to shave her head or wear specific clothes.

e) Cultural and Educational Rights

India is a country many religions, languages and cultures. The Constitution helps them in preserving and developing their own identity.

1.  All sections of people having their distinct cultures, languages and scripts have full freedom to protect the same.
2. No citizen can be denied admission to any educational institution funded or supported by the government due to their religion or language.
3. All minorities have the right to establish and administer educational institutions of their choice

Educational Rights

f) Right to Constitutional Remedies

Rights act as promises that must be upheld. The true value of fundamental rights in the Constitution lies in their enforceability. This is where the Right to Constitutional Remedies plays a pivotal role, serving as a fundamental right that empowers individuals to enforce their rights. The following section will help you understand this further.

How can we secure these Rights?

• Right to Constitutional Remedies: This right is crucial for making other rights actionable. It allows individuals to seek legal recourse in courts against any violation of their rights by fellow citizens, private entities, or the government. Dr. Ambedkar hailed this right as the Constitution’s “heart and soul.”
• Protection Against Violations: Fundamental Rights are safeguarded against infringement by the Legislature, the Executive, and any governmental bodies. Any law or action contravening these rights is deemed invalid, enabling individuals to challenge such violations in court.
• Enforcement by Courts: Both the Supreme Court and High Courts are vested with the authority to issue directives, orders, or writs to enforce Fundamental Rights.  A writ is a formal written order issued by a court or other legal authority. It commands a person, organization, or lower court to perform or refrain from performing a specific act. Writs  are a way to protect fundamental rights and address legal grievances. They can also compensate victims and penalize offenders, underscoring the judiciary’s independence and power in safeguarding citizen rights.
• Access to Courts: Anyone aggrieved by a violation of a Fundamental Right can approach the courts for redress. Moreover, the advent of Public Interest Litigation (PIL) has broadened this scope, allowing any individual or group to seek judicial intervention in matters of public interest against government actions or laws, with the possibility of initiating such litigation through simple means, such as a postcard.

Try yourself:

Which fundamental right allows individuals to seek legal recourse in courts against any violation of their rights by fellow citizens, private entities, or the government?

• A.Right to Equality
• B.Right to Freedom of Religion
• C.Right to Constitutional Remedies
• D.Right to Education

View Solution

Expanding Scope of RightsWhile we mostly focused on the Fundamental Rights in the Constitution, it’s important to know that people have many more rights than just these. The Constitution and different laws have helped increase these rights over time.

• This enhancement often paves the way for the introduction of new legal rights for citizens.
• Judicial pronouncements have occasionally widened the interpretation of pre-existing rights, such as the right to freedom of the press, right to information, and right to education.
• As of now, every Indian citizen is assured the right to free and compulsory education until the age of 14, a mandate enforced by the government under the law.
• The Right to Information Act was instituted drawing from the Fundamental Right to freedom of thought and expression, enabling citizens to procure information from government entities.
• The Supreme Court has recently expanded the definition of the right to life to encompass the right to food.
• It’s noteworthy that not all rights are limited to the Fundamental Rights enumerated in the Constitution. For instance, the right to property and the right to vote in elections are recognized as constitutional rights, albeit not as Fundamental Rights.

The extension of rights also ventures into the domain of human rights, which stand as universal moral entitlements that might not necessarily be upheld by law. With the proliferation of democracy globally, there’s a growing impetus on governments to honor these claims, further buoyed by international agreements. International agreements or covenants have helped in expansion of fundamental rights. 

Covenants are formal, binding agreements or promises made between parties.  These agreements are enforceable by law and often relate to property, business, or personal matters.

The evolution of rights continues unabated, with new rights emerging in response to societal advancements and the establishment of new constitutions. For example, the South African Constitution endows its citizens with several novel rights:

• Right to privacy, safeguarding against unwarranted searches of homes, phone tapping, and interception of personal communications.
• Right to an environment that is not detrimental to health or well-being.
• Right to access adequate housing.
• Right to healthcare services, adequate food and water, and emergency medical treatment without discrimination.

International Covenant on Economic, Social and Cultural Rights

This international covenant recognizes several rights that are not explicitly included in the Fundamental Rights of the Indian Constitution. Although it has not yet become an international treaty, human rights activists globally view it as a benchmark for human rights standards. The rights covered by this covenant include:

• Right to Work: The opportunity for everyone to earn a livelihood through employment.
• Right to Safe and Healthy Working Conditions: Ensuring fair wages and working conditions that provide a decent standard of living for workers and their families.
• Right to an Adequate Standard of Living: Access to sufficient food, clothing, and housing.
• Right to Social Security and Insurance: Protection against economic hardship through social security and insurance.
• Right to Health: Access to medical care during illness, special care for women during childbirth, and measures to prevent epidemics.
• Right to Education: Provision of free and compulsory primary education and equal access to higher education.

There’s a prevailing belief that India should elevate rights such as the right to work, right to health, right to a minimum livelihood, and right to privacy to the status of Fundamental Rights.

Keywords

• Amnesty International: This global entity, powered by volunteers, champions human rights and compiles independent assessments of human rights abuses across the globe.
• Claim: Encompasses the pursuit of legal or moral entitlements by an individual towards fellow citizens, society, or the state.
• Covenant: Represents a solemn promise by individuals, groups, or nations to adhere to a specific rule or principle.
• Dalit: A designation for individuals from castes historically deemed untouchable, also known as Scheduled Castes or Depressed Classes.
• The International Covenant on Economic, Social, and Cultural Rightsacknowledges numerous rights not explicitly covered under the Fundamental Rights of the Indian Constitution. Though not an international treaty, it is regarded as a human rights standard globally, enumerating rights such as:
  • The right to work, enabling everyone to earn a living through employment.
  • Safe and healthy working conditions and fair wages for a decent living standard for workers and their families.
  • The right to an adequate standard of living, including sufficient food, clothing, and housing.
  • Right to social security and insurance.
  • Right to health, encompassing medical care during illness, childbirth care for women, and preventive measures against epidemics.
  • Right to education, ensuring free and compulsory primary education and equitable access to higher education.
• Ethnic Group: Identified as a community of people who share common cultural practices, religious beliefs, and historical backgrounds.
• Traffic: Entails the illicit trade of individuals, including men, women, or children, for exploitative purposes.
• Summon: A judicial notice compelling an individual’s appearance in court.
• Writ: A formal directive issued by the High Court or the Supreme Court mandating governmental action

The Judiciary and Its Structure

The judiciary is an institution responsible for delivering justice and resolving legal disputes. In India, the judiciary consists of various courts at different levels, collectively known as the judiciary.

The structure of the Indian judiciary includes:

• Supreme Court: The highest court in the country.
• High Courts and Subordinate Courts: Functioning at the state level.
• District Courts and Local Courts: Operating at the district and local levels.
• Lok Adalats: Special courts for quicker and informal dispute resolutions.

India’s judiciary is unified, meaning the Supreme Court supervises judicial administration across the nation. Its decisions must be followed by all other courts.

The judiciary has the power of judicial review, allowing the Supreme Court and High Courts to check if any law or executive action is constitutional when challenged. This ensures that laws align with the Constitution.

Judges of the Supreme Court and High Courts are appointed by the President, based on the Prime Minister’s advice and after consulting the Chief Justice of the Supreme Court. Once appointed, judges retain a high level of independence, with minimal interference from the political executive. The most senior judge is usually appointed as the Chief Justice.

Removing judges is a serious matter; a judge can only be removed through an impeachment motion that must be passed by two-thirds of both Houses of Parliament. This process highlights the independence of the judiciary.

Additionally, the judiciary plays an important role in protecting citizens’ rights through public interest litigation. This process allows anyone to approach the courts if government actions harm public interest.

Try yourself:

Which court is responsible for supervising judicial administration across India?

• A.High Courts
• B.District Courts
• C.Supreme Court
• D.Lok Adalats

View Solution

Independence of the Judiciary

Judicial independence is essential for a fair justice system. It guarantees that the judiciary operates without influence from the legislature or executive branches. Judges make decisions based on the law, not on government or political party instructions. This separation is vital in modern democracies like India, where courts function independently from other government branches.

The Constitution safeguards this independence through various provisions:

• Security of Service: A judge can only be removed through an impeachment motion that passes with a two-thirds majority in both Houses of Parliament. This has never occurred in Indian history.
• Security of Pay and Allowances: Judges receive stable salaries and allowances to prevent financial manipulation.
• Free from Outside Influence: Courts can decide their procedures and work without outside interference.
• No Practice after Retirement: Judges cannot practice law after retiring, ensuring impartiality.
• Safety and Protection: Judges are protected from threats against their person, property, or reputation, and their decisions cannot be publicly criticised by the media or the public.

Moreover, the judiciary in India possesses substantial powers that enhance its independence:

• Judicial Review: The judiciary has the authority to assess the constitutional validity of any legislation or executive action when challenged in court.
• Power of the Judiciary: The Supreme Court and High Courts can interpret the Constitution and declare any law or action of the legislature or executive invalid if it violates the Constitution.
• Integrated Judiciary: India has an integrated judiciary where the Supreme Court oversees judicial administration, and its decisions are binding on all other courts.
• Public Interest Litigation: Individuals can approach the courts if government actions harm the public interest, known as public interest litigation.

The powers and independence of the Indian judiciary enable it to safeguard Fundamental Rights. Citizens can seek remedies in court for violations of their rights. In recent years, courts have issued numerous rulings to protect public interests and human rights.

Therefore, the independence of the judiciary is vital for democracy in India, ensuring justice is served without bias or outside influence.

Appointment and Removal of Judges

Judges for the Supreme Court and High Courts are appointed by the President of India, based on the Prime Minister’s advice and in consultation with the Chief Justice of the Supreme Court. The Indian judiciary is among the strongest globally, with the power to interpret the Constitution and invalidate any laws or executive actions that contradict it.

• Senior judges from the Supreme Court are also involved in choosing new judges. This limits political interference, helping maintain judicial independence.
• Removal of judges is very uncommon. Once appointed, it is quite challenging to dismiss a judge. A judge can only be removed through an impeachment motion that must be approved by two-thirds of the members in both Houses of Parliament. This process is as complex as removing the President of India and has never occurred in Indian democratic history.

The Supreme Court and High Courts hold the power of judicial review, enabling them to evaluate the constitutional validity of laws or executive actions challenged in court. This authority highlights the judiciary’s role in protecting the Constitution and safeguarding the Fundamental Rights of citizens.

Powers and Role of the Supreme Court and High Courts

The Supreme Court of India has various types of authority:

• Original Jurisdiction: This includes disputes involving the Union Government and states, conflicts between states, and cases between citizens and the state. The judiciary’s powers and independence ensure it protects Fundamental Rights.
• Appellate Jurisdiction: The Supreme Court reviews appeals from both criminal and civil cases decided by High Courts.
• Advisory Jurisdiction: The Supreme Court can advise the President of India on legal issues.

Additionally, the Supreme Court is empowered to:

• Interpret the Constitution: It can declare laws from Parliament and State Legislatures unconstitutional if they breach the Constitution.
• Judicial Review: The Court assesses the constitutionality of actions from the legislature and executive, determining if any laws or actions are constitutional.

The High Courts operate similarly at the state level, with powers to interpret the Constitution and protect fundamental rights. They handle public interest cases through Public Interest Litigation (PIL) and scrutinise government actions.

Judges of both the Supreme Court and High Courts are appointed by the President based on the Prime Minister’s advice and consultation with the Chief Justice. The judiciary is independent, meaning it does not answer to the legislature or executive. A judge can only be removed through an impeachment motion that requires two-thirds approval from both Houses of Parliament. India’s judiciary is among the most powerful globally.

Judiciary as the Guardian of Fundamental Rights

Both the Supreme Court and High Courts serve as defenders of citizens’ Fundamental Rights. Anyone whose rights have been infringed or whose public interest is negatively affected by government actions can turn to the judiciary via Public Interest Litigations (PILs).

• The courts play a vital role in stopping the misuse of government authority. They step in to prevent improper use of power and to address wrongdoings. This judicial oversight is crucial for maintaining checks and balances in Indian democracy.
• In federal systems like India and the United States, the judiciary settles disputes between the central and state governments or among different states. For instance, issues like water distribution between Haryana and Punjab are often resolved by the courts. This capacity to settle inter-state disputes is essential for the effective operation of federal states.

The judiciary has the authority to assess the constitutional validity of any law or action taken by the executive when challenged. This process is known as judicial review. The Supreme Court and the High Courts are responsible for interpreting the Constitution of the country.

Judges of the Supreme Court and High Courts are appointed by the President based on the Prime Minister’s advice and in consultation with the Chief Justice. After their appointment, judges can only be removed through an impeachment motion, which requires a two-thirds majority from both Houses of Parliament. This procedure safeguards the independence of the judiciary, making it challenging to remove judges.

The independence and powers of the judiciary enable it to act as the guardian of Fundamental Rights. Citizens can approach the courts for remedies if their rights are violated. In recent years, the courts have issued numerous rulings and directives to uphold public interest and human rights.

The independent and robust judiciary is crucial for democracies. All courts at various levels in a country together form the judiciary. The Indian judiciary comprises a Supreme Court for the nation, High Courts in the states, District Courts, and local courts. India has an integrated judiciary, meaning the Supreme Court oversees the whole judicial system.

Try yourself:Two features of Indian judicial system are:

• A.Independent Judiciary
• B.Integrated Judiciary
• C.Dependent Judiciary
• D.Both (a) and (b)

View Solution

Judicial Setup and Functioning

At the top of India’s judicial system is the Supreme Court, followed by High Courts at the state level. Below the High Courts, there are District Courts and Subordinate Courts that deal with criminal and civil cases.

• Supreme Court: As the highest court, it addresses cases that impact the entire country, including constitutional issues, civil and criminal appeals, and providing advice to the President. It has the authority to assess the constitutional validity of any law or executive action when contested, a process known as judicial review.
• High Courts: These courts handle state-level legal matters and possess similar powers to the Supreme Court in interpreting the Constitution and upholding justice. They also hear appeals from lower courts.
• District and Subordinate Courts: These courts manage local disputes and are the primary legal interface within their areas.

The Supreme Court oversees all other courts in the nation, ensuring consistency within the judicial system. It can hear appeals against High Court decisions.

Judges of the Supreme Court and High Courts are appointed by the President based on the Prime Minister’s advice, in consultation with the Chief Justice of the Supreme Court. Once appointed, a judge can only be removed through an impeachment motion passed by two-thirds of the members from both Houses of Parliament.

The judiciary in India is also one of the most powerful globally. The Supreme Court and High Courts can interpret the Constitution and nullify any law or executive action that contradicts it, whether at the national or state level.

Moreover, any individual can approach the courts if they believe the government’s actions harm public interest. This is known as public interest litigation, allowing the judiciary to step in and prevent the abuse of government power, protecting public interest and human rights.

Conclusion

This chapter explains the Indian judicial system and its vital role in supporting democratic values. The independence and powers of the Indian judiciary enable it to protect Fundamental Rights. This system can assess the constitutionality of laws or executive actions through a process called judicial review. This means they can evaluate any law or executive action when it is challenged in court.

The Supreme Court of India has stated that the main principles of the Constitution cannot be altered by Parliament. In recent times, the courts have made many decisions to safeguard public interests and human rights. This allows anyone to bring cases to court if government actions harm public interest, a process known as public interest litigation. The judiciary steps in to prevent the abuse of governmental power and to address malpractices.

Difficult Words

1. Elucidates – Makes something clear; explains.
2. Responsibilities – Duties or tasks that one is required or expected to carry out.
3. Democratic Institutions – Organisations that uphold the principles of democracy.
4. Parliament – The supreme legislative body of a country.
5. Executive – The branch of government that carries out laws.
6. Judiciary – The system of courts that interprets and applies the law.
7. Operation – The functioning or work of an organisation.
8. Checks and Balances – Mechanisms that ensure no single branch of government is too powerful.
9. Governance – The manner of governing a state or organisation.
10. Informed Citizen Participation – Active engagement of citizens in politics based on knowledge.
11. Equips – Provides the necessary items or knowledge for a purpose.
12. Significance – The importance or meaning of something.

Introduction

This chapter discusses how institutions operate within a democracy. We explore how significant decisions are made and executed in our country. In this context, we identify three vital institutions responsible for major decisions: the legislature, executive, and judiciary. 

We also examine how disputes arising from these decisions are resolved, often resulting in delays and complications. While dealing with institutions can be frustrating, some delays allow for a broader range of people to be included in the decision-making process.

How is a Major Policy Decision Taken?

A Government Order

• On August 13, 1990, the Government of India released an order known as an Office Memorandum, identified by the number O. M. No. 36012/31/90-Est (SCT), dated 13.8.1990.
• The Prime Minister and the Cabinet are responsible for making all significant policy decisions.
• Civil servants work collaboratively to implement the decisions made by the ministers.
• The Supreme Court resolves disputes between citizens and the government.

Working with institutions can be challenging due to the rules and regulations that can limit leaders’ actions. There are many meetings, committees, and protocols which often cause delays. While it may seem easier for one person to make all decisions without rules, this contradicts the principles of democracy. Although institutions can slow down decision-making, they also prevent hasty decisions.

The Decision Makers

Who decided to issue this Memorandum? 
Such a major decision would have involved other major functionaries in India, which involves the following points:

• The President, who is the head of state and the highest formal authority in India.
• The Prime Minister, who leads the government and makes most decisions in Cabinet meetings.
• Parliament, comprising the President and two Houses, Lok Sabha and Rajya Sabha. The Prime Minister relies on the majority support from Lok Sabha members to pass a memorandum.

Background of Office Memorandum

• In 1979, the Indian government set up the Second Backward Classes Commission, led by B.P. Mandal, to identify socially and educationally backward classes.
• The Commission’s report, submitted on December 31, 1980, recommended a 27% reservation in government jobs for backward classes. Parliament debated these recommendations for several years.

Try yourself:How is a Major Policy Decision Taken?

• A. By the President of India
• B.By the Prime Minister of India
• C.By the Parliament of India
• D.By the Backward Classes Commission

View Solution

Events leading to the implementation of the Mandal Commission report

• In 1989, the Janata Dal party pledged to implement the Mandal Commission report if they won the Lok Sabha election. After their victory, V.P. Singh became the Prime Minister.
• The President of India indicated support for the recommendations in a speech to Parliament. Then, on August 6, 1990, the Union Cabinet officially decided to implement the recommendations.
• On August 7, 1990, Prime Minister V.P. Singh informed Parliament about this decision. Finally, on August 13, 1990, officials from the Department of Personnel and Training drafted an order based on the Cabinet’s choice, which was approved by the minister. An officer signed the order for the Union Government, creating O.M. No. 36012/31/90.

Impact and Resolution of the Office Memorandum on Reservation in India

• The passing of the Office Memorandum triggered extensive debate, protests, and anxiety about job opportunities and fairness.
• The Supreme Court addressed the issue in the case of ‘Indira Sawhney and others Vs Union of India’, upholding the original order but stating that affluent members of backward classes should not receive reservation benefits.
• On September 8, 1993, the Department of Personnel and Training issued a revised Office Memorandum that clarified the policy and resolved the controversy.

Need for Political Institutions

In modern democracies, various arrangements are set up to carry out different functions of the government, which we refer to as institutions. Rulers in a democracy must adhere to specific rules and procedures, working alongside these institutions. 

This section discusses how these institutions operate within a democratic framework. The main goal is to grasp how these institutions collectively manage the responsibilities of government. A democracy functions effectively when these institutions fulfil their designated roles.

• Institutions entail meetings, committees, and established routines, which can often cause delays and complications. As a result, engaging with institutions may become frustrating.
• While some of the delays and complications introduced by institutions can be cumbersome, they also provide a chance for a broader range of individuals to offer input.
• Institutions can slow down decision-making processes; however, they also prevent hasty and poor decisions from being made.

For instance:

• The Prime Minister and the Cabinet are responsible for making all significant policy decisions.
• Civil Servants work collaboratively to implement the decisions made by ministers.
• The Supreme Court resolves disputes between citizens and the government.

Engaging with institutions can be challenging. They involve rules and regulations that may restrict leaders’ actions. One might think it would be simpler for a single person to make all decisions without any rules, procedures, or meetings, but that contradicts the essence of democracy.

Understanding the operation of political institutions is vital for the smooth functioning of democracy, ensuring that decisions are made with proper procedures and consideration for all affected parties.

Parliament

The Indian Parliament is an important organ of the Central Government. Let us study its composition and powers.

Why do we need a Parliament?

• Supreme Political Authority: In democracies, a group of elected representatives holds the highest political authority for the people. In India, this group is known as Parliament, while at the state level, it is referred to as the Legislature or Legislative Assembly.
• Law-making authority: Parliament is the ultimate body responsible for creating laws. This role is so significant that these bodies are called legislatures. Parliaments worldwide can introduce new laws, amend existing ones, or repeal laws entirely.
• Government control: The government can only make decisions as long as it has the support of Parliament, ensuring that its actions align with the people’s wishes.
• Financial control: Parliaments oversee all governmental finances. In most nations, public funds can only be spent with Parliament’s approval, promoting transparency and accountability.
• Discussion and debate: Parliament serves as the highest forum for discussing important public matters and influencing national policies. It provides a space for debate on issues of public concern.
• Information-seeking: Parliament has the power to request information on any issue, holding the government accountable for its actions.

Two Houses of Parliament

In modern democracies, Parliament plays a crucial role and is often divided into two parts, called Chambers or Houses, in most large countries.

• One House, generally elected directly by the people, holds the main authority on their behalf.
• The second House, often elected indirectly, has specific roles such as representing the interests of various states, regions, or federal units.
• The Indian Parliament consists of two Houses. The Lower House is called the Lok Sabha or the House of the People, while the Upper House is known as the Rajya Sabha or the Council of States.
• The total membership of the Lok Sabha is 545. The President of India can nominate two members from the Anglo-Indian community if they are not adequately represented. (Note: This provision has been abolished as of the 104th Constitutional Amendment Act, 2019.)
• The total membership of the Rajya Sabha is 245. Out of this, 233 are elected by the 28 States and seven Union Territories, while 12 are nominated by the President to represent distinguished individuals in literature, science, art, or social service.
• It may seem that the Rajya Sabha is more powerful since it is often referred to as the ‘Upper Chamber’, and the Lok Sabha as the ‘Lower Chamber.’
• However, this does not mean that the Rajya Sabha has more power than the Lok Sabha; this terminology is simply outdated and not used in our Constitution.

Powers of Lok Sabha over Rajya Sabha

The Lok Sabha holds more power over the Rajya Sabha in several ways:

• In the event of a disagreement between the two Houses on an ordinary law, a joint session is held where members from both Houses meet. Because there are more members in the Lok Sabha, their opinion is likely to carry more weight in such a meeting.
• The Lok Sabha has more authority in financial matters, such as approving the budget or other money-related laws. The Rajya Sabha can only delay this by 14 days or suggest amendments, but cannot reject it. The Lok Sabha may choose to accept or not accept these amendments.
• Crucially, the Lok Sabha controls the Council of Ministers, as only someone with the support of the majority of Lok Sabha members can be appointed as the Prime Minister. If the majority expresses ‘no confidence’ in the Council of Ministers, all ministers, including the Prime Minister, must resign. The Rajya Sabha does not possess this power.

Furthermore, the President of India is part of Parliament but is not a member of either House. All laws passed in the Houses come into effect only after receiving the President’s approval.

Try yourself:Which House of the Indian Parliament exercises more power over the other?

• A.Lok Sabha
• B.Rajya Sabha
• C.Both Houses have equal power
• D.It depends on the specific matter or legislation

View Solution

Political Executive

• In various levels of government, there are officials who make daily decisions but do not hold ultimate power representing the people.
• These officials are collectively known as the executive, as they are responsible for the ‘execution’ of government policies.
• Therefore, when referring to ‘the government’, we generally mean the executive.

Political and Permanent Executive

• In a democratic nation, the executive is made up of two groups: one is elected by the people for a specific term, known as the political executive.
• The political executive includes leaders who make significant decisions.
• The other group is appointed for the long term, referred to as the permanent executive or civil services.
• Individuals in civil services are called civil servants. They remain in position even when the ruling party changes.
• Civil servants assist the political executive in managing daily administration.

Powers of Permanent and Political Executive

• The political executive holds more power than the non-political executive because, in a democracy, the people’s will is paramount. 
• Ministers are elected representatives and have the authority to enact the wishes of the legislature members.
• You may wonder why the political executive is more powerful than the non-political executive. Although civil servants often have more education and expertise, such as economic advisors in the Finance Ministry, it is the ministers who make the final decisions, even if they lack technical knowledge in their areas.
• At various levels of government, there are officials who carry out daily decisions but do not wield ultimate authority on behalf of the people. These officials are collectively known as the executive, responsible for executing government policies.
• Regarding the decision on the Office Memorandum, it is likely that such a significant choice involved many key officials. 
• The person who signed it was likely just following the orders from the Minister of Personnel, Public Grievances and Pensions, under whose department it fell.
• The President is the head of state and holds the highest formal authority in the country.

Prime Minister and Council of Ministers

Prime Minister’s Role: The Prime Minister leads the government and holds all its powers. While the Prime Minister is a crucial part of the political system, they are not an institution on their own. There is no direct election for this position; instead, the President appoints the Prime Minister. However, the President can only choose the leader of the party or coalition that has a majority in the Lok Sabha.

The Union Council of Ministers is led by the Prime Minister and includes three categories of Ministers:

• Cabinet Ministers: These are the key members of the Council of Ministers with significant portfolios. The Cabinet forms the inner group of the Council.
• Ministers of State with independent charge: They manage smaller Ministries and attend Cabinet meetings only when invited.
• Deputy Ministers: They support the Cabinet Ministers and the Council of Ministers.

Powers of the Prime MinisterThe Prime Minister has wide-ranging powers.

• The Prime Minister oversees various ministries, guiding all ministers. They have the authority to dismiss ministers, and if the Prime Minister resigns, the entire ministry follows suit. Thus, while the Cabinet is a powerful institution in India, the Prime Minister is the most influential within it. 
• Over recent decades, the Prime Minister’s powers in parliamentary democracies have expanded, leading some to view these systems as Prime Ministerial governments. 
• Political parties now significantly influence politics, allowing the Prime Minister to control both the Cabinet and Parliament through their party. The term “Council of Ministers” refers to the group that includes all Ministers.
• On the advice of the Prime Minister, the President appoints other ministers.
• The Prime Minister is free to choose ministers, as long as they are members of Parliament.
• He chairs and makes most of the decisions in the Cabinet meetings.
• He coordinates the work of different departments and his decisions are final in case disagreements arise between departments.
• He exercises general supervision of different ministries and all ministers work under his leadership.
• He distributes and redistributes work to the ministers.
• He also has the power to dismiss ministers. When Prime Minister quits, the entire ministry quits.

While the Prime Minister is the head of the government, the President serves as the head of the State. In our political system, the head of the State has only nominal powers. The President oversees the functioning of all political institutions in the country to ensure they work together to meet the State’s objectives.

The President

The President is the Head of the State. The President supervises the overall functioning of all the political institutions in India, so that they operate in harmony to achieve the objectives of the state.

Smt. Droupadi Murmu

Election of President

The President is not elected directly by the public. A candidate for the President’s position must gain a majority of votes from Members of Parliament (MPs) and the Members of the Legislative Assemblies (MLAs) to win.

Powers of President

• All government activities occur in the name of the President.
• All laws and key policies of the government are issued in the President’s name.
• Major appointments, including the Chief Justice of India, Supreme Court Judges, High Court Judges, Governors of states, Election Commissioners, and Ambassadors, are made in the President’s name.
• All international treaties and agreements are made in the President’s name.
• The President is the supreme commander of India’s defence forces.

The President exercises these powers only based on the advice of the Council of Ministers. If no party or coalition has a majority in the Lok Sabha, the President uses her discretion. The President appoints a leader who she believes can gain majority support in the Lok Sabha. In these cases, the President may ask the new Prime Minister to demonstrate majority support in the Lok Sabha within a set timeframe. The President can also request the Council of Ministers to reconsider its advice. However, if the same advice is given again, she must follow it.