Unit I: Organs of Government
Unit I: Organs of Government
Unit I: Organs of Government
I Legislature
Legislature occupies an important position in the machinery of government. Will
of the state is formulated and expressed through the legislature. Legislature
in a democratic country enacts the general rules of society in the form of
laws. A variety of terms are used to denote legislatures in various countries: it
is called congress in USA, Parliament in India, National Assembly in France,
House of Representative in Japan and Congress of Deputies in Spain. The word
parliament comes from the French “parler” which means to ‘talk’ or ‘discuss’.
Parliament of India comprises the President of India, the Lok Sabha (House of the
People) and the Rajya Sabha (Council of the States). The cardinal functions of the
Legislature include overseeing of administration, passing of budget, ventilation of
public grievances, and discussing various subjects like development plans,
international relations, and national policies. All legislation requires the consent of
both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha
prevails. The Parliament is also vested with the power to initiate amendments in
the Constitution. The various States also have their respective legislatures, the
Legislative Assembly (Vidhan Sabha) and the Legislative Council
(VidhanParishad) in a few States.
Legislatures are classified into two, on the basis of the number of chambers it
possess. When the legislature of a country is organized into two houses it is called
Bi‐Cameralismand when the legislature has only one house it is called Uni‐
Cameralism
II Executive
The executive may be defined as that branch of the State which formulates policy
and is responsible for its execution. In formal terms, the sovereign is the head of
the executive. The Prime Minister, the Cabinet and other Ministers’, for the most
part, are elected members of the Parliament. In addition, the Civil Service, local
authorities, police and armed forces, constitute the executive in practical terms.
The executive performs the essential activities of government which relates to rule
application. Functions of the executive can be discussed under the following
heads: Administrative, Military, Legislative, Financial and judicial.
Military Functions Duty of defenseof the country rest with the executive. It is
an essential function of the executive to secure territorial integrity and to protect
the country from external aggression, and if necessary, to wage war. The
Executive has to maintain an efficient and strong army, navy, air force to
defend its territory against the attack of outsiders .In USA the President can
declare war or peace with the consent of the Congress and in India head of the
state can declare war or conclude peace but in reality this power is exercised by
the Prime Minister and his cabinet. The department which is concerned with
thedefense of the country and controls its military operations in India is called the
Ministry of defense.
Judicial Functions:
1. In most countries appointment of the judges are made by the
executive. Executive also exercise the power to grant pardon or reprieve
to the offenders.
2. Head of the state enjoys the power of granting mercy, whereby he
may commute the sentence given by the highest court of the land.
Executive may also grant amnesty to the offenders or reduce their
sentence by his discretionary power.
III Judiciary
Judiciary is that organ of government which interpret and enforce the laws of the
state. In ancient polity, the executive and the judicial functions were combined in
one person. But in such an arrangement, justice could not be secured when the
same person made and interpret laws. So the need for an independent and
impartial organ to interpret laws was felt in modern state and the result was the
advent of judiciary as a separate organ of government.
Powers of Judiciary
The Supreme Court possesses the following jurisdiction to decide matters of
conflict:
I Original jurisdiction-
1. The Supreme Court possesses exclusive original jurisdiction in any dispute
between
a. the Centre and one or more States
b. Center and any state or states on one side and one or more states on
the other.
c. Between two or more states
2. Original jurisdiction but not exclusive: - to enforce fundamental rights.
Under article 32 Supreme court has the power to issue writs in case of
violation of fundamental rights. They are : Quo Warranto, Mandamus,
Habeaus Corpus, Prohibition & Certiorari. The High Courts under article
226 posses the same power of issuing writs in case of violation of
fundamental rights.
Habeas corpus is a write issued by the court to bring before the court a
person from illegal custody. The court will examine the legality of detention
excess of its authority. High Court has power to issue an order of prohibition
its order. This writ is issued on specified grounds like violation of natural
justice; excess, abuse or lack of jurisdiction; fraud; and error of law apparent
public office to step down from that office. High courts and the Supreme
Court have the power to issue not only these writs but also appropriate
II Appellate- Ordinarily it has the jurisdiction to hear appeals against the decisions
of the High Comts only on the certificate of the High Court, if
1. In any proceedings substantive question as to the interpretation of the
constitution is involved.
2. In civil proceeding if the case involves substantial question of law of
general importance and the High Court think that the question needs
Supreme Court ruling.
3. A criminal case is fit one to be heard by the Supreme Court.
III Advisory Jurisdiction- Under article 143 of the Indian constitution, President
is authorized to refer to the Supreme Court any question of law or fact which in his
opinion is of considerable public importance for its opinion and under this Article
the President has also referred Bills to the Supreme Court for advising him about
their constitutional validity before giving his assent (as in the case of Kerela
Education Bill).
IV Judicial Review: It means ‘judicial scrutiny’. If an act violates the provision of
the constitution the judiciary has the power to declare such bills.acts as null and
void.
Unitary System
1. Supreme powers belong to the Central Govt: There is no constitutional
division of power between the national and regional governments. There
may be, and are sub divisions variously known as Departments (France),
Countries (Great Britain) etc. but they have no independent authority or
status of their own; they are administrative units. They are given some
powers and limited autonomy to discharge their functions.
2. Single Citizenship- Citizens possess membership of the nation alone.
3. Unified & Integrated Judiciary
4.
Federal System
Federalism is a system of government in which the power is divided between a
central authority and various constituent units of the country. The world Federal
has been derived from a Latin word ‘foedus’ meaning treaty or agreement. A
federation may come into being either as a result of centripetal (number of states
join together to form a new state) or centrifugal forces (existing unitary state
transforms itself into a federal one by granting constitutional autonomy to its units.
Finer - “a Federal State is one in which part of authority and power is vested in the
local areas while another part is vested in Central institution deliberately
constituted by an association of local areas.”
Features of Federalism
1. Distribution of Powers: In a federation there are two or more levels or
government, national/central and regional/territorial. There is a distribution
of power b/w the 2 governments. The general principle is that regional
government should have control over matters of local importance like : law
& order, local government, education etc., while the national govt. Should
have jurisdiction over matters of national importance such as defense,
foreign affairs, communication, currency etc.
The distribution of power is not uniform it differs from country to country.
In centrifugal states the powers of central government are enumerated and
the rest (called residuary powers) are given to the units (states). When the
powers of the Provincial government are enumerated and the residuary
powers are left to the centre it is called Centripetal federation.
2. Written constitution: Since there is a division of powers between the Central
and regional governments, a federation has a written constitution
3. Rigid constitution: The fundamental provisions of the constitutions cannot
be unilaterally changed by one level of government. Such changes require
the consent of both the levels of government.
4. Supremacy of the Constitution- Rigidity of the constitution implies its
supremacy. It is the constitution that defines & determines the power of the
two governments & the spheres of their activities, none of them can claim &
exercise authority except in accordance with the constitution. The
constitution is the supreme law of the land.
5. Special Position of the Judiciary: The supremacy of the Constitution
involves and implies a special position and role for the judiciary. The
judiciary (and the federal judiciary especially in case there are two sets of
courts) has to perform 2 important functions:
a. Decide disputes or conflicts pertaining to jurisdiction between the
federal govt and one or more of the regional govts, or between one
regional govt and another.
b. Decide cases relating to violation of their constitutional authority.
This has led to the contention that the Indian constitution is federal in form but
unitary in spirit. Constitutional experts call it ‘semi-federal’ or ‘quasi federal’
system. This is unique to India
Parliamentary/Cabinet Government
Garner- “that system in which the real executive- the Cabinet or ministry- is
immediately and legally responsible to the legislature or branch of it for its
political policies and act, immediately ir ultimately responsible to the electorate;
with the titular or nominal executive- the chief of state-occupies a position of
irresponsibility.
The parliament of Britain is said to be the strongest parliament in the world.
Chief Features
1. Existence of a Titular or Constitutional Ruler: The first characteristic feature of
the parliamentary system is the existence of a Titular of Constitutional Ruler.
Legally the administration of all the affairs of the state is conducted by the head of
the state. In reality, however, the administration is carried by the Council of
Ministers. The Monarch or the President, as the case may be, is the head of the
state, but not the head of the government.
8. Existence of a Strong Opposition: The existence of one or more strong and well-
organized opposition party or parties is the hall-mark of the parliamentary system.
By criticizing the errors of the government, the opposition can compel it to adopt
welfare measures and prevent it from becoming despotic. Judged from this angle,
the opposition can be called the life-force of parliamentary democracy.
In this way the Cabinet acts as ‘the keystone of the political arch’ or has become
the ‘steering wheel of the ship of the state’. In fact, in the parliamentary system of
government as the cabinet members are the leaders of the majority party or alliance
in the legislature. Some critics think that the Parliament is controlled by the
Cabinet under the leadership of the Prime Minister giving rise to some sort of
“Cabinet dictatorship”.
Presidential Government
The presidential form of government is that in which the executive is not
responsible to the legislature.
Example: United States of America (U.S.A)
Essential features
1. The president is the real executive. There is no nominal or ceremonial executive.
All the powers are vested in the hands of the president.
2. The powers of the three organs namely, legislature, executive and judiciary are
separated and vested in different persons.
3. Though the three organs of the government are kept apart, they are also
connected by the system of checks and balances. Each organ of government
exercises checks on the other two organs so that a sort of balance is established.
4. The tenure of the president is fixed. The tenure of office cannot be lessened or
increased under any circumstances. President can be removed by the legislature
only by a process of impeachment.
Merits
1. Stable government is possible.
2. Under a presidential form of government, experts are appointed as
heads of the departments without consideration of their party affiliations.
The president may appoint persons who belong to the opposition parties.
3. There is continuous and consistent policy.
4. Highly suitable during the period of national crisis.
5. There is no chance for concentration of powers.
Demerits
1. The executive is not responsible to the legislature and can do whatever
it pleases.
2. There is always the possibility of deadlocks between the legislature
and the executive.
3. It is not flexible form of government.
4. The Presidential executive finds it difficult to follow a vigorous foreign
policy, as there is no harmonious relationship between the executive and
the legislature. The executive may follow a policy which may not be
acceptable to the legislature.
Independence of Judiciary
In the words of Dr. V.K. Rao, “Independence of judiciary has three meanings:
(i) The judiciary must be free from encroachment from other organs in its sphere.
(ii) It means the freedom of the judgments and free from legislative interference. In
this respect, our constitutional position is not very happy because the legislature
can in some respects override the decisions of the judiciary by legislation. The
(iii) The decisions of the judiciary should not be influenced by either the Executive
or the Legislature—it means freedom from both, fear and favour of the other two
organs.”
Methods to Secure Independence
a) High Qualifications:
for such an important office must have been a judge of a High Court, at least for
five years or must an advocate of a High Court be at least for ten years, or be a
distinguished jurist.
As already mentioned, every judge is paid a high salary to maintain his status and
dignity. As per Act of 1986, the Chief Justice was to draw Rs. 10,000 p.m. and the
other judges were paid Rs. 9,000 p.m. However in the recent past, the salaries of
Judges of the Supreme Court were raised to Rs. 30,000 p.m. and that of Chief
Their salaries have been further hiked in view of such hikes of other top officers of
the Government as per 6th Pay Commission report and cabinets’ generosity to hike
the salaries of the top executives viz., President, Vice- President and Governor etc.
as well. Three-fold hike in case of judges (Rs. 90,000) and 1, 00,000 p.m. in case
of Chief Justice. In addition, they enjoy free residential accommodation and many
other perks.During their term of office, their salaries and allowances cannot be
c) Security of Tenure:
The Judges of the Supreme Court enjoy security of tenure. They are not removable
from office except by an order of the President and that also only on the ground of
of total membership of each House and also by a majority of not less than 2/3 of
Although the Constitution does not provide for life tenure, the existing provision of
65 years, in effect amounts to nearly the same. A retiring age of 65 is, by Indian
standard, very high, considering the average span of life in India and also the
average fitness of persons for work in old age. Moreover, a retired judge according
to Article 128, may be re-appointed a judge by the Chief Justice of India, with the
Before assumption of office, the judges have to take an oath to perform their duties
particular ideology expects the judges to read the writing on the wall and act
Chief Justice raised the issue. Ex-Chief Justice S.M. Sikri was of the view that
commitment to the philosophy of the ruling party, is not the part of the oath
A retired judge of the Court is prohibited from practising law before any Court of
authority within the territory of India. The Constitution, however, permits the
for instance for conducting enquiries and special investigations. Das Commission
for conducting enquiry against Sardar P.S. Kairon, ex-late Chief Minister of
enquire into Netaji’s death by an air crash and more recently Justice Pathaks’
The Supreme Court is equipped with full powers to make rules for regulating its
practice and procedure and to take effective steps for the enforcement of its decrees
and orders.
The Court is fully authorized to have its own establishment and have complete
control over it. It was, however, thought that in the absence of such a provision, the
the Chief Justice and the judges of the Supreme Court whom he may direct for the
purpose. Their conditions of service also are determined by the Supreme Court.
The judges should not be allowed to hold political office after retirement otherwise
they will have the temptation of creating ground for becoming the political leaders
or gaining some other lucrative office through political Godfathers during their
tenure as judges. Moreover, they should not be allowed to seek election to the
Parliament or contest for any other political office during the term of their office
after resigning from the office of a Judge. K. Subba Rao ex-chief Justice of India
resigned from the august office and contested for the President ship of India.
Naturally he had to pander to the opposition parties for support. Such a step
much before election. Thus for a favour, the favours are apt to the doled out as
well.
(j) Immunities:
The actions and decisions of the judges in their official capacity are immune from
maintain the dignity of the Court and to protect it from malicious criticism, the
Court has been empowered to initiate contempt proceedings against any alleged
offender and take appropriate action. The Court is, also authorized to stop any act
that might prejudicially affect its arriving at an impartial and independent decision.
would make it subservient to the whims of the masses or a tool in the hands of
legislators. The “Judiciary should be above suspicion and should be above party
Every judge of the Indian Supreme Court is appointed by the President, after
consultation with such of the judges of the Supreme Court, and the High Courts of
the State, as the President may deem necessary for the purpose. In the appointment
of a judge other than the Chief Justice, the President must consult the Chief Justice.
significant appointments. What can be its repercussion in the context of the latest
established that government imbued with socialist ideas did not like to appoint
such people as judges who impeded socialistic progress and were reactionary in
their outlook.
The supersession of three judges viz., Messers J.M. Shelat, K.S. Hegde and A.N.
Grover and elevation of a junior Judge Mr. A.N. Ray to the post of Chief Justice of
the Supreme Court led to scathing criticism by the concerned and their adherents
that the President of India could make such appointments or effect such
In this case three superseded judges had given verdict against the controversial
24th and 25th Amendments on April 24, 1973. Only two days later on the
retirement of Chief Justice, S.M. Sikri, a junior judge was promoted as the Chief
Justice. In the opinion of distinguished lawyers and judicial luminaries, this was
very unfortunate action on the part of the Executive since it impaired independence
Judicial Review
Judicial review is the power of the court to review the laws passed by the
legislature and orders issued by the executive, when challenged by the affected
persons, and to declare them null and void, if they infringe the provisions of the
constitution. Judicial review holds in check legislature and the executive within
the limits laid down by law.
Judicial Review is a feature of countries with written constitution and
federal systems. Judicial review protects personal rights against legislative
and executive actions; states’ rights against national action; national rights
against state action; and respective rights of three branches of government
against one another.
The Supreme Court’s power of judicial review is limited to some extent and the
factors which limit its power can be explained as follows:
1. The Supreme Court is to examine the cases on the basis of ‘Procedure
established by Law’ and not ‘Due Process of Law’.
2. It cannot pronounce a judgement on the legality of a declaration of
Emergency by the President
3. The ‘aid and advice’ given by the Council of Ministers to the President is
not subject to judicial enquiry.
4. The Speaker’s decisions are final and are not under the purview of the Court.
Political Party
A political party is generally described as an organized body of people who share
common principles and cherish certain common goals regarding the political
system. A political party operates and seeks political power through constitutional
means to translate its policies into practice. It is a body of like-minded people
having similar views on matters of public concern. Gilchrist defines a political
party as “an organized group of citizens who profess or share the same political
views and who by acting as a political unit, try to control the government”.
Another definition given by Gettell is: “a political party consists of a group of
citizens, more or less organized, who act as a political unit and who, by the use of
their voting power, aim to control the government and carry out their general
policies”. From these definitions it is clear that political parties are organized
bodies and are primarily concerned with the acquisition and retention of power.
Polities parties can be classified into four groups according to their aims, policies
and the method adopted by them to achieve their goals. They are
1. Conservatives
2. Liberals
3. Reactionaries
4. Radicals
Apart from this, there are also leftists and rightists. Parties which opt for radical
changes and fro the introduction of radical legislations are called leftists, and those
which are desirous of slow, steady and smooth changes regarded as rightists,
sometimes even within the same parties there are two wings rightists and leftists.
For example, in Communist Party of India, there are two groups namely the
Communist Party of India (Leftists) and Communist Party of India (Rightists).
1. the number of parties dominating the political scene one party, two party or
multiparty.
2. the main structure and characteristics of the party-charismatic leader-oriented
party, ideology-oriented party and interest oriented party.
3. the geographical area of influence and penetration. (especially in a feudal
polity)- that is national party, transregional party, regional party and local party.
4. fourfold types of party structure suggested by Maurice Duverger- the caucus, the
branch, the cell and the militia.
Demerits :
1. There will no difference between the party and the government.
2. Under this system, legislature may be law-making body with no change of frank
discussion and deliberation.
3. The state with a single party rule will lead to authoritarianism and
totalitarianism.
4. People are ruthlessly suppressed.
5. There will be no place for dignity of human personality. 6. No change for
enjoying rights by the people.
TWO PARTY SYSTEM: The two party system is the one in which there will be
two political parties one is the ruling party and the other is the opposition party,
example of two party systems are,
1. England – There are two parties in England the conservative party and
Labour party.
2. U.S.A – The Democratic Party and the Republican Party.
Merits
1. In a parliamentary government, the two party systems provides for stable
government.
2. A real representative government is possible only in a two party system.
3. Since parties are well organized, they held to mould public opinion.
4. Voters are well aware of policies and programmes of the parties of which
they
5. The opposition party is playing constructive role. It points out the
commissions and omissions in the policies and acts of the government.
Demerits.
1. There will be no stable government.
2. Multiplicity of political divisions and parties may create chaos.
3. Parties divide people into hostile groups.
4. No ministry will be able to do any good work for the people. Coalition
ministries will exist precariously for a short time.
5. Fraud in the buying of votes will undermine political morality
Pressure Groups
Prof. S. Finer has characterised these groups as ‘anonymous empire’ whereas
Richard D. Lambert is of the view that these are unofficial government, which
implies that no government can run without taking their view point into
consideration.
The presence and role of specific Pressure Groups augment and supplement the
role and purposes of the political parties. They are part of the wider political
process.
The pressure groups do not themselves want to form the Government, but they try
to influence the decisions of the Government. Thus, every pressure group has three
elements:
1. An organized group of people,
2. The common interests and
3. Exercise influence on the decisions of the Government.
In short, the pressure groups cause the legislators, or ministers or bureaucrats to act
in a particular way by offering arguments or employing other techniques as the
case may be.
It may be pointed out that the “pressure group” is a term applied to those interest
groups (e.g., Trade Unions like the I.N.T.U.C. and the C.I.T.U.) who use different
pressure tactics including extra-Constitutional methods (dharna and gherao) to
pursue their goals. All pressure groups are interest groups, but all interest groups)
e.g., the Federation of Indian Chambers of Commerce and Industry of FICCI) need
not be pressure groups. The term “interest group” is a neutral designation, but the
term “pressure group” implies coercion, putting weight to persuade and possible
abuse of influence. The pressure group has a derogatory flavor.
From the above, the nature of pressure groups becomes quite clear. In brief, their
characteristics are as follows:
1. The objectives of the pressure groups are very limited. That is, every
pressure group has one special interest which it seeks to promote. For
example, the Bank Unions fight for their rights, whereas the
KishanSabhas safeguard the interests of the farmers.
2. In India, the political institutions determine and shape the activities of
pressure groups and their main targets. In our parliamentary
democracy, since the Union Cabinet and Civil Service are more
effective, it is useful to get access to them. Therefore, the ministers, the
bureaucrats and certain party leaders are more important for effective
pressurizing.
3. The Indian party system greatly influences the pressure groups
activities. In our multiparty system, the coalition Governments at the
Centre are unstable ‘because they are formed by an alliance between
various parties. In such a situation the pressure groups do well. The
powerful industrial organizations and trade unions make a bargain with
the leaders of the various parties. For example—the Indian National
Trade Union Congress (INTUC) is close to the Congress Party and the
All India Trade Union Congress (AITUC) has strong ties with the
Communist Party of India. Again, in India’s multi-party system, due to
lack of party discipline and ideological commitment, the pressure
groups have worked more effectively among the elected representatives
—the legislators. And this has been the experience in the Indian
Parliament and in State Legislatures as well.
4. In India, the work of the pressure groups is determined by the political
culture of the country. It means the approach, attitudes, beliefs and
orientation of the citizens to political actions and towards the political
system. For example, India, by its traditional pattern of toleration of
different groups and approaches and in pursuance of its open society
approach, allows all types of pressure groups (associational,
institutional and ad-hoc) to work, including non-democratic groups.
5. The nature of the issue or problem which a pressure group is projecting
also conditions its method of work. For instance, in Indian political
system, if the Teachers Association is asking for a revision of grades,
its method of influencing and its target group would be different from
that of a trade union fighting for higher wages, or from a Chamber of
Commerce trying to get concessions on foreign exchange etc.
6. The activities of the pressure groups depend upon the economic system
as well. In our mixed economic system, the Chambers of Commerce
and the Manufacturer Organizations operate in a number of different
ways to exert pressure on the Union and State Governments in Indian
federalism.
7. In our democratic system, every pressure group by its own nature and
characteristic employs different approaches, methods and tactics. Big
business pressure groups like the Chambers of Commerce and Industry
sometimes make out as if what they are seeking to do is in national
interest. They are pursued more discretely and secretly. Trade Unions
(CITU, AITUC, INTUC, etc.) are more militant, organize gheraos and
dharnas; students and youth organizations (SFI) tend to get violent.
Service organizations (civil servants, scientific personnel etc.) establish
useful contacts with the bureaucracy.
The characteristics of the pressure groups reveal that the influence that a pressure
group can exercise depends on several factors. The most important factor is its own
organizational strength (for instance, the FICCI representing over one lakhs firms,
or the All India Manufacturers Organization representing a large number of smaller
industries etc.), and discipline and perseverance of its members in pursuing an
issue. Among other factors are its capacity to elicit people’s sympathy and support
for its cause, its access to decision-making bodies and its financial resources etc.
Thus the pressure groups provide a necessary link in the functioning of our
democratic political system and in extending the concept of representative
responsible Government.
Interest Groups
In almost all liberal democracies, there are several organized groups representing
the various interests of its citizens. They interact among themselves and with the
government. The presence and role of specific interest groups augment and
supplement the role and purposes of the political parties. They are the part of a
wider political process.
While parties are formal, open and are recognized part of the political system
competing for power the interest groups are informal, often secretive, concealed
and conspiratorial and sometimes even unrecognized entities.
An interest group represents the social, economic and political interest of a
particular segment in the polity like farmers, industrial workers, miners, business
and commerce, or professional group like medical practitioners, lawyers, teachers,
youth and students etc. its members have common objectives and share certain
similar values. They try to build public opinions in their favours and often canvas
support of party leader, legislature and government officials, in pursuance of their
objective.
Functions of Interest Groups: The method and functional style of interest groups
vary in different political systems conditions by five factors.
1. Pattern of political institution
2. Nature of party system
3. Political culture and attitude of leaders and people.
4. The nature of issues and problem concerned
5. The character the type of the concerned interest groups.
Different types of party systems give rise to different form of interest group
activities. In countries where party system is weak, the interest groups work on
their own. In some countries these groups have closer relationship with the
political parties. The work of interest group is determined by the political culture
of the country. Every interest group by its own nature and characteristics employs
different approaches, methods and tactics.
Influence that interest group can exercise depends upon the several important
factors like its own organizational strength, discipline and perseverance of its
members in pursuing and issue.
Money is used by interest groups for legal and illegal activities. It is required to
promote public relation campaign, and of using the media to popularize the issue.
Payments of bribes to vulnerable officials, ministers, political parties, legislatures
etc., are not unknown methods of pressurizing.
Interest groups that work for larger human causes like peace, disarmament,
environmental protection, de-segregation and racial equality, human rights
decolonisation etc, pursue a different approach and method. They work by building
enlightened public opinion, by promoting an all-party consensus, by enlisting the
sympathy, good sense and compassion.
To sum up, unlike political parties, interest groups do not work for capturing
power. Their objectives are limited and specific. They provide necessary link in
functioning of democracy.
Unit IV
Democracy
The term democracy and the classical conception of democratic rule are firmly
rooted in Ancient Greece. Like other words that end in ‘cracy’ – such as autocracy,
aristocracy and bureaucracy – democracy is derived from the ancient Greek word
kratos, meaning ‘power’ or ‘rule’. Democracy therefore means ‘rule by the
demos’, demos standing for ‘the many’ or ‘the people’. In contrast to its modern
usage, democracy was originally a negative or pejorative term, denoting not so
much rule by all, as rule by the propertyless and uneducated masses. Democracy
was therefore thought to be the enemy of liberty and wisdom. While writers such
as Aristotle were prepared to recognize the virtues of popular participation, they
nevertheless feared that unrestrained democracy would degenerate into a form of
‘mob rule’. Indeed, such pejorative implications continued to be attached to
democracy until well into the twentieth century.
Democratic government has, however, varied considerably over the centuries.
Perhaps the most fundamental distinction is between democratic systems, like
those in Ancient Greece, that are based upon direct popular participation in
government, and those that operate through some kind of representative
mechanism. This highlights two contrasting models of democracy: direct
democracy and representative democracy. Moreover, the modern understanding of
democracy is dominated by the form of electoral democracy that has developed in
the industrialized West, often called liberal democracy. Despite its undoubted
success, liberal democracy is only one of a number of possible models of
democracy, and one whose democratic credentials have sometimes been called into
question. Finally, the near universal approval which democracy currently elicits
should not obscure the fact that the merits of democracy have been fiercely debated
over the centuries and that, in certain respects, this debate has intensified in the late
twentieth century.
As noted democracy is of two kinds. One is direct democracy and the other is
indirect democracy. The chief direct democratic devices are :
1. Initiative
2. Referendum
3. Recall
The devices are followed by Switzerland, which practices direct democracy. They
are followed in some other countries also.
1. Initiative : Initiative is a method, which enables the voters to bring to the
notice of the government of the need to bring in legislation in any subjects
on which the government has not enacted a law. There are certain
procedures prescribed and minimum requirement to be fulfilled for
initiative. One of the important conditions is that a minimum of 50,000 votes
should submit a bill asking the government to enact a law of the choice of
the voters. Government may or may not accept, because this proposal of the
people should have the support of the majority of the voters of the nation.
2. Referendum : Referendum is a procedure according to which laws enacted
by the national parliament are referred to acceptance of the lectors. Electors
may accept or reject the enactment. If the electors accepted the enactment it
will become a law. Referendum is of two kinds. One is compulsory
referendum and the second is optional referendum. For this also there are
certain procedures to be followed.
3. Recall : In democracies voter elect their representatives in the elections to
various bodies such as legislatures, local self – government, councils and a
few governing agencies. Once elected these representative hold offices for
the entire duration of the life of the body concerned. Representatives
sometimes do not perform their duties and discharge their responsibilities. If
the electors are not happy, with their representative they cannot compel them
to do the same. They have to wait till the next elections to remove such
members from office. Therefore a demand has arisen for removing such
representatives and electing new faces in their place. This method of
removing the representatives before the completion of their terms and
electing new persons is called the method of “Recall”. This is practiced in
some countries the Switzerland and the United States of America.
Characterestics
The pillars of democracy :
1. Sovereignty of the people.
2. Government based upon consent of the government.
3. Majority rule.
4. Minority rights.
5. Guarantee of basic human rights.
6. Free and fair elections.
7. Equality before the law.
8. Due process of law.
9. Constitutional limits on government.
10.Social, economic, and political pluralism.
Representation
Modern democratic theories are closely bound to the idea of representation. As
stressed earlier, when citizens no longer rule directly, democracy is based upon the
claim that politicians serve as the people’s representatives. However, what does it
mean to say that one person ‘represents’ another? In ordinary language, to
represent means to portray or make present, as when a picture is said to represent a
scene or person. In politics, representation suggests that an individual or group
somehow stands for, or on behalf of, a larger collection of people. Political
representation therefore acknowledges a link between two otherwise separate
entities – government and the governed – and implies that through this link the
people’s views are articulated or their interests are secured. The precise nature of
this link is, nevertheless, a matter of deep disagreement, as is the capacity of
representation ever to ensure democratic government.
Types of Representation
A. Territorial- The usual basis of representation is territory. The country is
divided into a number of constituencies, which are, by and large, same or
similar in size and population; there may be, and generally there are some
variations and differences but they are not very great or significant. All
voters living in a particular constituency take part in the election of a
representative or representatives from that area. This is known as the system
of territorial representation.
The territorial constituency system is said to have a number of merits.
Firstly, it secures representation to all the different regions of the country.
Secondly, the system is simple and helps to establish an active and
continuous relationship between the representative and his constituents.
Thirdly, local or regional interests are properly served.
B. Proportional- The usual system of representation is election through single
member constituencies and by simple majority vote. The system often
results in serious anomalies, for instance, in a multi candidate contest a
member is elected by less than 50% of votes cast and also by less votes than
totalled by the defeated candidates, or when a political party obtains an
overwhelming majority of seats in the legislature while getting even less
than 40% of the votes polled.
So another scheme, known as Proportional representation has been
suggested. Under this scheme, constituency is large in area and returns
several members; a candidate would be elected by obtaining a quota. There
are 2 varieties of proportional representation-
1. Single Transferable Vote/ Hare Plan- In this constituencies are
multi member with a minimum of 3 seats, no maximum has been laid
down but 10 to 15 may be considered as reasonable and more than
enough. The voter however, has only one vote and (as in the
Preference vote) he indicates his choice or preference for candidates
by marking 1, 2, 3, etc against their names. To get elected, a candidate
has to obtain the quota, which is determined in accordance with the
following formula-
Quota= _Valid Votes_ + 1
Number of Seats +1
The quota is , thus obtained by dividing the number of valid votes
polled by the number of seats to be filled in plus one, and then by
adding one to the quotient. If for eg.there is a 3 membered
constituency and the number of votes actually cast is 8000, then the
quota will be equivalent to 8000 + 1= 2000 + 1= 2001
3+1
A candidate who obtains the quota or more than the quota of first
preference votes is declared elected; in case no one gets the quota of
first preference votes, the candidate at the bottom list of first
preference votes is eliminated and his votes transferred to others in
accordance with second preference of the voters. Similarly, the
surplus first preference votes of the elected candidates are transferred
down the list. The process of redistribution of votes continue until the
number of candidates securing the quota equals the number of
representatives to be elected.
The system is named after Thomas Hare who first advocated it in
1859. In India it has been adopted for the election of members of the
Council of States or the Rajya Sabha by the State Assemblies and also
for the election of the President.
2. List System: According to List system each party is allowed to put a
list of candidates equal to the number of seats to be filled up. The
voter casts his vote not for individual candidate but for the whole list.
The seats are divided between the parties in proportion to the number
of votes obtained by each list.
The quota or the number of votes required to get a candidate is
determined as in the Hare System, and the number of seats to be
allotted to a party is then determined by dividing the total number of
votes obtained by the party by the quota. The resulting figure
determines the number of seats which a party would get. If for
instance, the quota is 15,000 and a list gets 90,000 votes, the first six
names in that list would be declared elected.
C. Functional- The functionalists hold that nobody can represent the will of
others (Rousseau had argued) but one can represent their functions and
functional problems. People engaged in the same kind of activity or work,
though living in different territorial areas, have more things and ideas in
common than people living in the same locality. Representation should
therefore, be on functional basis.
Supporters- G.D.H. Cole, Mussolini.
D. Minority Representation- J.S. Mill said “In a real equal democracy every
and any section would be represented not disproportionately, but
proportionately. A minority of the electors would always have a minority of
representatives...Unless they are, there is not equal government, but a
government of inequality and privilege…”
The term ‘minority’ in common parlance stands for a group of persons
numerically smaller than others. In the social sciences and in actual politics,
it has acquired a specific meaning, namely, a group which is held together
by the ties of common descent, language or religious faith and feelings and
which regards itself as different from the majority of the inhabitants of the
country or region concerned. It is in this sense that the Hindus are a
‘minority’ in Punjab and in the State of Jammu & Kashmir though they are
the dominant majority in the country as a whole. Muslims and Sikhs are a
‘minority’ in the country but in Punjab the Sikhs are the majority community
and the Muslims are the ‘majority’ in Jammu & Kashmir.
A number of devices and systems have therefore been suggested and
employed to secure adequate representation to the minorities, not so much as
to appease them as to make the legislature truly representative and, in Mill’s
concept, democratic.
1. Limited Vote - Under this system the country is divided into multi-
member constituencies with at least three seats and each voter is
allowed to vote for a smaller number of candidates than there are
seats. If for instance there are 3 seats, he can vote only for 2
candidates. There is also a further restriction; he cannot give more
than one vote to any single candidate. The system has been tried in
Portugal and some of the American states, and it has been found that
while it ensures minority representation, it does not secure
proportional representation of minorities. It is weighed in favour of
fairly large minorities.
2. Cumulative Vote: Under this system an elector can cast as many
votes as there are representatives to be elected. Moreover, he is
allowed to distribute his votes, or to cumulate, or give all his votes to
one single candidate. This system ensures that a minority can get a
candidate of its choice elected by concentrating all its votes on him.
But it does not secure proportional representation of the minorities.
There is wastage of votes as the ‘minority’ candidate generally gets
much more votes than he requires
3. Second Ballot System: In this system, if there are only 2 candidates
(which is rare), the candidate securing a simple majority is elected.
When however, there are more than 2 candidates and nobody secures
an absolute majority, the candidate securing the least number of votes
is eliminated and a new vote or ballot takes place. This gives an
opportunity to the supporters of the eliminated candidate to have
another and a fresh choice between the remaining candidates. There
may be a third and fourth ballot if necessary.
4. Alternative/Contingent of Preferential Vote: In this, there is only
one election. Every voter is to indicate his choice of candidates in
order of preference; and a candidate is declared elected if he obtains
an absolute majority of first preference votes. In case no candidates
secure an absolute majority, the candidates securing the least number
of first preference votes is eliminated and his votes transferred to the
candidates in accordance with the second choice of the votes. The
candidate who now gets an absolute majority is declared elected; in
case none gets thus elected, the procedure of elimination of the
candidate at the bottom of the list and the redistribution of his votes is
repeated until and unless one candidate gets an absolute majority and
is declared elected. This method however, again does not ensures
proportional representation.
Public Opinion
Public opinion plays a vital role in modern democracy. In fact democracy has been
defined as government by public consent or government responsive to public
opinion. Even in dictatorship, government attaches much importance to public
opinion. Public is defined as the expression of all those members of a group who
are given attention in any way to a given issue. Opinions maybe reflected in an
election, a policy decision of formal legislative enactment.
Lord Bryce- “the term is commonly used to denote the aggregate of the views
men hold regarding matters that affect or interest the community. Thus understood,
it is a mixture of all sorts of different notions, beliefs, fancies, prejudices,
Aspirations.”
Lasswell- “In order that an opinion may be public a majority is not enough, and
unanimity is not required, but the opinion must be such that while the minority
may not share it, they feel bound by conviction, not fear to accept it and if
democracy is complete, the submission of minority must be given ungrudgingly.”
1. Family- The first to influence the individual is the home into which he is
born. There he/she unconsciously absorbs and imbibes the ideas and ideals
held by his parents and other senior members of the family. It is in the
family that the child’s political outlook and personality are given a
rudimentary shape and this is done through willing or unwilling
indoctrination, through the social and political milieu of the family, and
through the overall moulding of his personality.
2. Educational Institutions- A properly organized educational system with a
competent batch of teachers creates a spirit of free enquiry, active
citizenship, and intellectual independence so essential for a proper
understanding of public affairs, and for the healthy working of a free
democratic society. The more extensive and intensive an individual’s
education, the greater is the likelihood that he would be aware of the impact
and importance of politics and government. Policies, that he would have
more political information and a greater interest in public affairs, and that he
would be more active in the formulation of public opinion through
participation in voluntary organizations and political discussions with a wide
range of people.
3. Religions & Cultural Associations- religious, cultural and economic
associations influence the formation and stabilization of public opinion.
Religious faith, cultural homogeneity, family tradition and economic interest
go a long way in determining the attitude and approach of a group in society.
Society is a federation of groups and these groups hold opinion which vary
from one group to another. These groups are constantly trying to widen their
sphere of influence by convincing the people of the desirability of their way
of thinking as well as their way of life.
4. Mass Media: This includes the print media and the audio visual media like:
Radio, Television, Cinema. The press educates and creates public opinion,
both directly and indirectly through its editorials, special editions and
articles, Sunday and other supplements, the publication of news and the
importance or coverage given to them; indirectly by ignoring certain kinds
of news or by playing them down. The press is also a good medium for
keeping the public informed about the performance and activities of
governmental agencies, and the implementation of governmental policies
and programmes. It is also a channel for keeping the govt informed about the
views, grievances and demands of the public in general and, of private
citizens in particular cases.
Cinema has been a traditional area of entertainment and learning. In a subtle
way it influences public opinion. It is the most effective mass media. The
audio-visual methods, which they employ, can influence even the illiterates.
In home, in office, in market and street corners the media’s presence have
altered the entire pattern of communication and of social life. Electronic
media plays direct and indirect part in projecting and building public
opinion, by increasing the level of information, expanding awareness and
making available many points of views and approaches.
5. Local Institutions: A local self govt is defined as a small unit constituting
the broad base of a governmental pyramid for purposes of convenient and
efficient administration. A State is divided into small subdivisions. These
subdivisions are constituted in small self governing units. Locally elected
and democratically operated, these local bodies are vested with some
administrative powers in respect of local affairs. They are given power to
administer education, roadways, parks, public health, etc. in their local areas.
They are also empowered to make by laws and charge taxes from the people
inhabiting that area.
Municipal bodies are legislature in miniature, where a citizen gets a taste of
politics and parliamentary institutions. They create a sense of responsibility,
self reliance and public consciousness which are very essential for a
democracy. It is here that the citizen comes into contact with the impact and
importance of public opinion in the management of public affairs.
England is considered as the first country where local self government was
given its first trial.
6. Pressure Groups- There are organized groups which operate in a society
and which often exercise an important influence on the government and
politic of a country. They are organized on a rather limited or a single point
basis, such as business, profession, industry, etc. Their main object is to
protect the interest of their group, to focus public attention on their peculiar
or particular problem, and to lobby or exert pressure upon legislators,
administrators or political leaders to attend to their problems and redress
their grievances. They are called ‘pressure groups’.
Their primary aim is the projection of their point of view and the promotion
of their interest by modern means of techniques and communication, and not
the making or unmaking of the government. Whatever be the form of govt,
their main interest or function is to win friends and influence people.
7. Political Parties- There are various function of the political parties. They
not only contest elections to capture power but also perform education
functions of considerable significance. They serve to stimulate the interest of
the voter in public affairs through political meetings, pamphlets, circular,
newspapers, radio,t.v., and personal canvassing.
Thus, political parties create, organize and disseminate public opinion and
therefore constitute the backbone of a democratic order.
In terms of geographical spread there are four types of parties. They are national
parties, regional parties, trans-regional parties and local parties. Since the second
general elections to LOK SABHA in 1957, Election Commission of India has
recognised several parties as national parties, on the formula that they should have
secured not less than 4% of total valid votes in the previous general election, at
least in four states. Examples of national parties are, Congress Party, Bharatiya
Janata Party, Communist party of India (CPI) and Communist party of India
(CPM).
CASTE PARTY: Generally people are divided into groups on the basis of area,
profession, caste, community, religion and race. Sometimes they are divided on the
basis of colour of the skin. In India people belong to various groups. Caste is one
such group. This kind of division of the people is found mostly in India only. There
are several caste groups throughout India. The main reason for this is to be found
in the varnashrama dharma of the Hindu religion. Generally major political parties
do not support caste groups. However in indicate plays a dominant role in politics
and also in elections to representative bodies. Caste is an uniting factor. People
belonging to every group support the party leaders and candidates belonging to
their caste. The need for caste party is to secure certain benefits and advantages
from the government to people of their caste. In Tamilnadu also there are many
caste parties, which exert influence on major political parties for getting the things
they wanted. This is the sum total of a caste party.
The second type: Are tribal parties as focal points of building a tribal political
identity and as a platform for obtaining more concessions from the center. They
had often talked even of concessions from the center. They had often talked even
of session from India, and demanded complete independence. Examples of this
trend are militant movements like the Naga National Council, Mizoram National
Front, Garo National council, Manipur National People's Party etc.
The third type: Are larger political formations in ethnically, culturally and
linguistically defined regions like Tamil Nadu, Andhra Pradesh, Punjab, Jammu &
Kashmir and Assam. These parties are bigger in their composition, well knit in
their organization and more stable in their role as important components of the
multi-party system in India. Because of their electoral majority they have capacity
to send their members to Lok Sabha and Rajyasabha and play critical role as a
balancing factor between ruling party and major opposition parties in parliament.
Examples of their types are : DMK, AIADMK, ASSAM GANA PARISHAD.
Communalism
The religious pluralism and the contradictions between the faiths tend to
create communal identities, which in turn develops to a stage of
communalism, when passing through the democratic process. Religion,
when deliberately used as a tool for attaining political gains often nourished
the growth of communalism.
Those who deliberately use the religious sentiments to safeguard the vested
interests and those who make religious issues a barrier for the misconduct in
public and private life are the real masterminds behind the propagation of
communalism. “Among leaders, those religious leaders are communal, who
run their religious communities like business enterprises and institutions,
which raise the cries of ‘Hinduism, Islam or Christianity in ‘danger’, the
moment they find that donation into their holy corporations begin to dwindle
or their leadership has been challenged or their ideology has been
questioned. Thus ‘communal’ is not one man who is ‘a man of religion’ but
‘one who practices politics by linking it with religion”.
The apostles of communalism hold religion as the most important distinction
or distinguishing mark in the society rather than any other distinguishing
matter like language, gender, politics, etc… This philosophy has often given
birth to some deadly riots in the past.
Eg of Communal riots: Calcutta Riots (1946) Gujarat Communal riots
(1969) Sikh riots (1984) Godhra riots (2002)
Region
Regionalism has been an important feature of Indian politics since the dawn of
independence. It has posed a serious threat to the unity of India. Regionalism
means love of a particular region. Regionalism refers to sub-nationalism
demanding the preference for a region as against the country as a whole.
Regionalism is the extreme loyalty and love shown to a particular region. It
expresses itself in such a distorted notions like development of one’s own region
even at the cost of interests of other regions and people, and unwillingness to allow
people from other regions to work and settle in region. Regionalism militates
against nationalism and impedes the process national integration. This may be
characterized by the commonness of cultural, linguistic or historical and social
background.
The feeling of regionalism may arise either due to the continuous neglect of a
particular area or region by the ruling authorities or it may spring up as a result of
increasing political awareness of backward people that have been discriminated
against. Quite often some political leaders encourage the feeling of regionalism to
maintain their hold over a particular area or group of people.
Causes of Regionalism
1. Geographical Cause: Linguistic distribution along geographical boundaries
and isolated settlement pattern induce in people the concept of regionalism.
Sometimes people live, in such area which appears as a separate region cut
off from the rest of the country and thereby may give rise to feelings of
separatism among the inhabitants of the region.
2. Historical Causes: Due to historical reasons people believe that they are
separate from the rest. A feeling of regionalism may develop among the
people of a particular region if they believe that they have been politically
dominated by the people of other regions.
3. Economic factors: Uneven development in different parts of the country
may be considered as the prime reason for regionalism and separatism.
There are certain regions which are economically more developed. But there
are certain regions which are economically more developed. But there are
certain regions which are economically backward even after independence.
No effort has been made for regional balance in matters of industrial,
agricultural and above all, economic development. This disparity has caused
the feeling of relative deprivation and thereby the demand for separate
states, for example, Bodoland. Telangana recently State was formed in this
principle.
4. Political and Administrative Factors: Political parties, particularly
regional parties and local leaders exploit the regional sentiments to capture
power. They give emphasis on regional problems in their election manifesto
and promise for regional development. This has resulted in the feeling of
regionalism. The regional parties like DMK, AIADMK in Tamil Nadu and
Telugu Desam in Andhra Pradesh were formed in this basis of principle.
Regionalism may be a product of cultural and social differences.