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organ of the government - Coggle Diagram

- - - - implementation of laws and policies
      - decision making
      - help legislature to formulate policy
  - - - an executive is the organ of the government that primarily looks after
        
        the function of implementation.
        
        administration- an action of taking decision and implementing those decision by the office holder
  - - - Parliamentary system
        
        (a) Constitutional Monarchy
        Canada , Japan , UK
        Prime Minister = head of the government
        Monarch = head of the state
        (b) Parliamentary Republic
        India , Germany , Italy
        First citizen = head of the state = President
        Prime Minister,Chancellor=Head of the government
        
        features of this system
        i) Role of the head of the state = Primarily Ceremonial (no power)
        Head of the government = Wield Effective Power (cabinet ministers headed by the Prime Minister)
      - Semi-Presidential System
        
        Feature of this system are -:
        i) President have day to day powers
        ii) Sometime both pre and PM may belongs to diff or same political parties
        iii)
        
        France Sri-Lanka (a) president and prime minister are part of the semi-presidential system President appoint the prime minister but can not Dismiss them as they are responsible to the parliament Russia - President is the head of the state and PM is appointed by the President don't know about accountability
    - - Presidential system
        
        Feature of this system are
        i) Office of the president is very powerful both in theory and practice
        ii)
        
        USA , Brazil , Latin-America - President = head of state and Government
  - - - Why we adopt ?
        
        Our Constitutional makers decided to adopt parliamentary system of executive
        i)1919&1935 act gave us some past experience
        of parliamentary system , in which CM realized executive can be curtailed by representatives , or ensure sensitivity toward people because it have many mechanism to ensure accountability.
        ii) presidential system may brought the danger of personality cult
  - - - president also have the veto power by which he can withhold and refuse to give the assent on the bill : example A.PJ. Abdul Kamal refuse to give assent on Prevention of Disqualification Amendment Bill 2006
      - President can use his/her discretion in judging the who may have the support of the majority who can actually form and run the government example: during 1977 period no party got the clear majority in the parliament
      - President can ask the council to reconsider the decision although , council can still sent back the same advice but , such request naturally carry lots of weight.
      - care taker government : when new council of minister were taking place
  - - - PM and COM are collectively responsible to the Parliament
        collective responsibility is based on the principal solidarity
        it implies if one minister is not agree with the policy or decision must have to reign
        this principal of the parliament give PM pre-eminent place in the government
  - - - after 1989 discretionary role of the president in selecting Prime Minister was growing
        
        coalition nature of Indian polities in this period has necessitated much more consultation between political partners leading to erosion of ministerial authority
        
        also brought restriction on prerogatives of the PM like - choosing the ministers and deciding the rank and portfolios
        
        policies and programmes of the government can not be decided the PM alone. during this time PM have to act as the negotiator between different ideological political parties from whom help government is form because of that lots of negotiator and compromises were made while forming the policies and this phenomena led to delay of decision making
  - - - Executive Organ = PM + COM + Large organization called bureaucracy or administrative machinery
      - Features of the Administrative Machinery
        i)Professional - It is under the control and supervision of elected representative and Ministers mean legislature
        ii) it is the responsibility representative to retain political control over admi
        iii)Non-partisan bureaucracy is political neutral -WHY? = because in democracy there is always the scope of transfer of power to another political parties and according to him now they have to draft the policies and implement them
        iv) bureaucracy is representative and non-discreminatary in recruitments
      - How Permanent executive (aka professional executive)make political machinery accountable ?
      - constitution makers , were aware of all this requirements (features) and follow the tradition of efficiency and merit base appointment of the Civil servants which was conducted by the UPSC(member were appointed for the fixed term removal was done by the SC judge ) and civil commission for state (same)
        weaker section sc and st
        reservation make represetative and non-discreminatary
- - - - because Rajya Sabha is an institutional mechanism to provide representation to the state and union . Its purpose is to provide the power to the state so that any matter that affect the state must be referred to it for it's consent and approval
        
        example : if union parliament want to move the matter form state list to other two list than government have to get approval of the Rajya Sabha
    - - representative of the people
  - - - From where the money is coming ?
        taxation , government decided - spending , collecting , imposing (new taxes)
  - - - consider and approve = non-money bill &
        suggest amendment - money bill
      - Approve - constitution amendment
      - exercise control over executive
        
        how ? by asking question introducing motion and resolution
      - participates in election function of parliament
      - can ask to union Gov to make law on state matters
      - special power of the Rajya Sabha
        
        special power is defined in why we need Rajya Sabha --- another power is experienced is Rajya Sabha represent their parties more than they represent their state - How?
        
        ?
        
        because Rajya Sabha election is indirect that why and not representing the peoples will that why CA gave less power as comparison to LS
    - - can makes laws on matter all list from one way or the other
      - approves proposals for - taxation , budget ,
      - approve the proclamation of emergency
      - accountability by various action
      - establish committees and commission and consider their report
      - special power to Lok Sabha
        
        Rajya Sabha can not initiate or reject or amend money bill
        
        Rajya Sabha can criticise gov but can not remove it
        
        In money bill Rajya Sabha can approve or suggest recommendation but cannot reject compulsory to pass with in 14 days
        
        Article 109
        special procedure in respect to money bill-(1)
        A money bill shall not be introduce in the Council of state
  - - - mention in constitution
      - evolved from convention
    - - i) resources to implement the law ii) Prediction of support and opposition might come after bill converted into law iii) evaluate the impact of law on the elector prospect of ruling party
    - - First stage - Introduction
        i)bill is drafted by the concerned ministry , for instance women and child welfare ministry
        ii)next, bill is introduce by the member of the houses (LS & RS)
        second stage - Discussion
        iii)discussion toke place in both the houses and some part of discussion take place in committee(committee = miniature legislature) and committee recommendation send back to the parliament
        Third stage - Approval
        voting
        sent to assent
        
        some exception
        -only non-money bill is pass through both the houses
        -in disagreement joint session toke place to resolve the deadlock, but it always favor Lok Sabha
  - - - ii) tools/means to control the parliamentary executive at various stages
        a)policy making stage
        b)implementation of law stage
        c)policy and during the post-implementation stage
        
        approval and ratification of law : during the voting time parliament control the executive
        
        financial control : most importantly it is obligatory for the government to present anual statement (Budget) in the LS for scrutiny and other way of control is done by presenting annual reports of Annual committee and CAG but their is always one thing is at the center of scrutiny is policy of the gov
        
        mean = deliberation and discussion during law making process law makers discuss on policy and using tools = Question hours , zero hour , half-an-hour discussion , adjournment motion *there are two type of discussion 1st specific like on a prticular policy, 2nd general discussion . this opens window for the representative to criticise the government
        
        no confidence motion
        
        in the last two decades their is the gradual decline in the session of the LS and SLA and time spend on debate
  - - - it reduces the burden of parliament
    - - standing committees
      - joint parliamentary committee -
- - - - it is part of the political process
        
        so, appointment is influenced by the difference who serves in court and how they interpret the constitution
        Second, their political philosophy and their views how judiciary participate in the process = active, assertive, controlled , committed
        third , other agent also influence the appointment like COM , G , CJI , CM
        
        convention = appointment on the bases of seniority and basic rule = define under constitution
      - evolution
        
        2 time convention broken during Indra Gandhi time 1973,1975
        
        between 1982 - 1998 SC fells that CJI role in appointment of judges was purely consultative
        
        finally , SC come up with the judgement that CJI + 4 senior Judges suggest name list out of which COM will appoint judges by this way principal of collegiality come into exitance
        
        ?
    - - bases of removal = misbehaviour and incapacity
      - removal is in the hands of the legislature. hence the appointment in the hands of executive so this create a balance of power and independence of the judiciary
  - - - for that judiciary must have some feature :
        -->independent body
        -->neutral body
        
        what exactly mean independence of judiciary?
        i) other organ of the government must not restrain the functioning of the judiciary
        ii)other organ should not interfere with the decision
        iii) actors can perform their role without fear
        
        independence dose not implies arbitrariness and absence of accountability
        
        arbitrariness is checked and accountability is ensure by
        constitution
        
        how independences is provided and protected ?
        
        constitution provide , protect independence of judiciary by taking number of measures are
        i) legislature are not involved in the process of appointment of the judges because India follow the party polities it can favor one ideology
        ii) security of tenure by making removal difficult this could ensure judges function fearlessly
        iii) constitution ensure judges should not financially dependent on other organ of he government that why their salaries are given directly from CFI and this provision is protected by the provision of the constitution
        
        iv) action and decision are immune form the personal criticism
        v) the authority of the court is seen as an effective protection of the judges from unfair criticism
        
        ?
  - - - Appellate
        
        interpretation of the constitution and law ,
        
        basically mean, that the SC will reconsider the case and the legal issue involved in it.
        
        HC and SC both have power to interpret the Law and Constitution
      - Advisory
        
        mean P-O-I can refer any matter that is public importance
        
        involve interpretation of Constitution and Need SC advice
        
        it involve 2 utility
        
        i) allow GOV to government to explore legal opinion on the matter of importance
        
        ii) in the light of the advice of the SC Gov can make suitable changes in its action
      - Original
        
        cases that can be directly considered by the sc
        
        federal cases or on the violation of the FR
        
        SC power is not settle dispute or protect FR's but also interpret the power of Union and state
      - Write
        
        through write courts give executive orders to act in a particular way
        
        different type of write is issued by the every level of the court
        
        it is basically issued to protect the FR's
      - Special Power
      - Article 137 - the supreme court shall have the power to review any judgment pronounce or order made by it
        
        Article 144 - All authorities , civil and judicial in the territory of India shall act in aid of the SC
  - - - it is the trend set by the Court in 1979. court decided to hear the case on behalf of all aggrieved person but it started when a person filled case at a place
        
        example - sc took Right of prisoners
        
        right after this people organized to seek judicial intervention to protect rights and this led to the expantion of the rights
        
        this changed the tradition of courts to respond only to cases brought. after SC. Now SC can pick up the cases from the News articles, Letter sent by some remote place it become open-ended