Working of Institutions Class 9 Civics | CBSE Notes, NCERT Solutions & Exam Guide 2025-26

I. Overview of Democratic Institutions

• Democracy and Rulers

  • Democracy is not solely about people electing their rulers; the rulers must also adhere to specific rules and procedures.
  • They are required to operate with and within institutions.
  • This framework allows for major decisions to be taken and implemented, and for disputes related to these decisions to be resolved.
  • Three key institutions in this process are the legislature, executive, and judiciary.

• Purpose of Studying Institutions

  • The objective is to comprehend how these institutions collectively carry out the work of government.
  • Key questions explored for each institution include: What does it do? How is it connected to others? What affects its democratic functioning?
  • Examples are primarily taken from the national level government (Central Government, Union Government, or Government of India).

• Need for Political Institutions

  • Governing a country involves various activities like ensuring security, providing education and health facilities, collecting taxes, and implementing welfare schemes.
  • To handle these tasks, modern democracies establish arrangements called institutions.
  • Democracy functions effectively when institutions perform their assigned roles.
  • The Constitution of a country outlines the basic rules regarding the powers and functions of each institution.
  • Institutions provide stability by ensuring activities continue even if key personnel change.
  • Working with institutions involves rules, regulations, meetings, and routines, which can lead to delays and complications, potentially causing frustration. However, these delays are beneficial as they allow for wider consultation and prevent hasty, bad decisions, which is central to the spirit of democracy.

II. How a Major Policy Decision is Taken: The Mandal Commission Example

• The Government Order (Office Memorandum)

  • On August 13, 1990, the Government of India issued an Office Memorandum (O. M. No. 36012/31/90-Est (SCT), dated 13.8.1990).
  • This order announced a significant policy decision: 27% of vacancies in civil posts and services under the Government of India were reserved for Socially and Educationally Backward Classes (SEBC).
  • SEBC is a term for castes considered backward by the government, and this reservation extended a benefit previously only available to Scheduled Castes and Scheduled Tribes. This decision generated significant controversy and protests.

• The Decision-Makers

  • The officer who signed the Memorandum was merely implementing instructions.
  • A major decision like this involved several key functionaries:
    • President: Head of the state, highest formal authority. The President announced the government's intention to implement the Mandal Commission recommendations in his address to Parliament.
    • Prime Minister: Head of the government, exercises all governmental powers, and takes most decisions in Cabinet meetings. V. P. Singh became Prime Minister after the Janata Dal's 1989 election promise to implement the Mandal Commission report.
    • Parliament: Consists of the President, Lok Sabha, and Rajya Sabha. The Prime Minister needs the support of the Lok Sabha majority. The Mandal Commission Report was discussed in Parliament, influencing the government's decision.
    • Union Cabinet: Took the formal decision to implement the recommendations on August 6, 1990.
    • Department of Personnel and Training (Civil Servants): Drafted the order based on the Cabinet's decision and secured ministerial approval. An officer signed the order on behalf of the Union Government.

• Resolution of Disputes

  • Disputes arising from government decisions are settled by the Supreme Court and High Courts in India.
  • Opponents of the order filed cases, appealing for its invalidation.
  • The Supreme Court heard these cases, known as the ‘Indira Sawhney and others Vs Union of India case’.
  • In 1992, by a majority, the Supreme Court declared the order valid but instructed the government to modify it by excluding "well-to-do persons" (the "creamy layer") from the reservation benefits.
  • Subsequently, the Department of Personnel and Training issued another Office Memorandum on September 8, 1993, implementing this modification, thus resolving the dispute.

III. Political Institutions in Detail

A. Parliament (Legislature)

• Role and Powers of Parliament

  • In democracies, Parliament is an assembly of elected representatives that holds supreme political authority on behalf of the people.
  • It exercises political authority in several ways:
    1. Law-making (Legislation): Parliament is the final authority for making, changing, or abolishing laws. These assemblies are called legislatures because of this crucial task.
    2. Control over Government: Parliaments control those who run the government. In countries like India, this control is direct, meaning the government can only make decisions as long as it has Parliament's support.
    3. Financial Control: Parliaments control all public money; government spending requires Parliament's sanction.
    4. Forum for Discussion: Parliament is the highest forum for discussion and debate on public issues and national policy, and can seek information on any matter.
  • Even if a decision is not directly taken by Parliament, its discussions can influence and shape government decisions and exert pressure. If Parliament does not approve, the government cannot proceed.

• Two Houses of Parliament

  • Most large democracies divide Parliament into two parts, or Houses. In India, these are:
    • Council of States (Rajya Sabha): Usually elected indirectly, performing special functions, often looking after the interests of states, regions, or federal units.
    • House of the People (Lok Sabha): Directly elected by the people, exercising real power.
  • The President of India is part of Parliament but not a member of either House. Laws come into force only after receiving the President's assent.

• Comparison of Powers (Lok Sabha vs. Rajya Sabha)

  • Despite the Rajya Sabha sometimes being called the 'Upper Chamber' and the Lok Sabha the 'Lower Chamber', the Lok Sabha generally holds supreme power on most matters.
  • Ordinary Laws: Both Houses must pass an ordinary law. If there's a difference, a joint session is held, where the Lok Sabha's view is likely to prevail due to its larger number of members.
  • Money Matters: The Lok Sabha has more power in financial matters. Once the Lok Sabha passes the government's budget or a money-related law, the Rajya Sabha cannot reject it. It can only delay it by 14 days or suggest changes, which the Lok Sabha may or may not accept.
  • Control over Council of Ministers: Most importantly, the Lok Sabha controls the Council of Ministers. Only a person with the majority support in the Lok Sabha is appointed Prime Minister. If the majority of Lok Sabha members express 'no confidence' in the Council of Ministers, all ministers, including the Prime Minister, must resign. The Rajya Sabha does not possess this power.

B. Political Executive

• Definition and Categories

  • The executive consists of functionaries at different government levels who make day-to-day decisions and execute policies.
  • There are two categories of executive in a democratic country:
    1. Political Executive: Elected by the people for a specific period (e.g., ministers, political leaders who make big decisions).
    2. Permanent Executive (Civil Services): Appointed on a long-term basis (e.g., civil servants). They remain in office even if the ruling party changes and assist the political executive in daily administration.

• Supremacy of Political Executive

  • Even though civil servants often have more education and expert knowledge, the political executive (ministers) holds more power and makes final decisions.
  • This is because, in a democracy, the will of the people is supreme.
  • Ministers are elected representatives, empowered to exercise the people's will, and are answerable to the people for their decisions.
  • Ministers determine the overall framework and objectives of policies, taking expert advice but ultimately deciding the "destination" (overall objective), while experts suggest the "route" (technical matters).

• Prime Minister and Council of Ministers

  • The Prime Minister is the most important political institution in India.
  • Appointment: The President appoints the Prime Minister, who is typically the leader of the majority party or coalition in the Lok Sabha. The Prime Minister does not have a fixed tenure and remains in power as long as they retain majority support.
  • Council of Ministers: The President appoints other ministers on the Prime Minister's advice. Ministers are usually from the majority party/coalition and must be Members of Parliament (or get elected within six months).
  • The Council of Ministers is the official body of all ministers, usually 60-80 in number, and includes different ranks:
    • Cabinet Ministers: Top-level leaders in charge of major ministries; they meet to take decisions in the name of the Council of Ministers and form the "inner ring" (about 25 ministers).
    • Ministers of State with Independent Charge: In charge of smaller ministries; attend Cabinet meetings only when specifically invited.
    • Ministers of State: Attached to and assist Cabinet Ministers.
  • Decisions are taken in Cabinet meetings, leading to parliamentary democracy often being known as the Cabinet form of government.
  • The Cabinet functions as a team, and all ministers must collectively own every Cabinet decision.
  • Secretaries (civil servants) provide background information to ministers, and the Cabinet Secretariat coordinates the work of different ministries.

• Powers of the Prime Minister

  • The Constitution does not explicitly detail the Prime Minister's powers, but as head of government, the PM has extensive authority.
  • Key Powers:
    • Chairs Cabinet meetings.
    • Coordinates work of different departments; final decisions in case of inter-departmental disagreements.
    • Exercises general supervision over ministries; all ministers work under his/her leadership.
    • Distributes and redistributes work to ministers.
    • Has the power to dismiss ministers.
    • If the Prime Minister quits, the entire ministry resigns.
  • The Prime Minister is the most powerful figure within the Cabinet, leading to parliamentary democracies sometimes being referred to as Prime Ministerial forms of government.
  • The Prime Minister controls the Cabinet and Parliament through the party.
  • Constraints: In recent years, the rise of coalition politics has constrained the Prime Minister's power, requiring accommodation of different groups within the party and alliance partners, as well as heeding their views for government survival.

• The President

  • The President is the head of the State, but exercises primarily nominal powers in India's political system, similar to the Queen of Britain.
  • Role: Supervises the overall functioning of political institutions to ensure harmony and achieve state objectives.
  • Election: Not directly elected by the people. Elected by Members of Parliament (MPs) and Members of the Legislative Assemblies (MLAs). A candidate needs a majority of votes, representing the entire nation. This indirect election ensures the President remains a nominal executive without a direct popular mandate like the Prime Minister.
  • Powers (Nominal): All governmental activities, laws, major policy decisions, and major appointments (Chief Justice, Supreme/High Court Judges, Governors, Election Commissioners, ambassadors) are made in the President's name. The President is also the supreme commander of India's defence forces.
  • Limitations: The President exercises these powers only on the advice of the Council of Ministers. While the President can ask for reconsideration of advice or a bill, if the same advice/bill is given again, she is bound to act accordingly or sign it.
  • Discretionary Power: The President's only significant personal discretion is in appointing the Prime Minister when no single party or coalition secures a clear majority in the Lok Sabha. In such cases, the President appoints the leader most likely to muster majority support and may ask them to prove it within a specified time.
  • Presidential vs. Parliamentary System: In countries like the USA (Presidential system), the President is both head of state and government, directly elected, chooses ministers, can veto laws, and doesn't need legislative support. India follows the British model, where Parliament is supreme, thus operating under a parliamentary system.

C. The Judiciary

• Importance of Independent Judiciary

  • An independent and powerful judiciary is essential for democracies.
  • All courts in a country collectively form the judiciary.
  • The Indian judiciary is integrated, meaning the Supreme Court controls judicial administration nationwide, and its decisions bind all other courts.

• Structure and Jurisdiction

  • The Indian judiciary includes:
    • Supreme Court: For the entire nation. It is the highest court of appeal in civil and criminal cases and can hear appeals against High Court decisions.
    • High Courts: In the states.
    • District Courts and local level courts.
  • The Supreme Court can handle disputes between:
    • Citizens.
    • Citizens and government.
    • Two or more state governments.
    • Governments at the union and state level.

• Independence of the Judiciary

  • Judicial independence means it is not controlled by the legislature or the executive.
  • Judges do not act based on government directions or the ruling party's wishes.
  • Appointment of Judges: Judges of the Supreme Court and High Courts are appointed by the President. In practice, senior Supreme Court judges select new judges for both Supreme and High Courts, with very little political executive interference. The senior-most Supreme Court judge is usually appointed Chief Justice.
  • Removal of Judges: It is extremely difficult to remove a judge; it requires an impeachment motion passed separately by two-thirds members of both Houses of Parliament. This has never occurred in Indian democracy.

• Powers of the Judiciary

  • The Indian judiciary is considered one of the most powerful globally.
  • Interpretation of Constitution: The Supreme Court and High Courts can interpret the Constitution.
  • Judicial Review: They can declare any law passed by the legislature or actions of the executive (Union or state) invalid if they find them to be against the Constitution. This power to determine constitutional validity is known as judicial review.
  • Basic Structure Doctrine: The Supreme Court has also ruled that the core or basic principles of the Constitution cannot be changed by Parliament.
  • Guardian of Fundamental Rights: The judiciary acts as the guardian of Fundamental Rights, allowing citizens to approach courts for remedies if their rights are violated.
  • Public Interest Litigation (PIL): Courts intervene to protect public interest and human rights, allowing anyone to approach them if public interest is harmed by government actions. They prevent misuse of government power and check malpractices by public officials.
  • Due to these powers and independence, the judiciary enjoys a high level of public confidence.

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