Oppositions against the mandal Commisiion
1. Parliament- Two Houses of Parliament
2. Executive- Permanent and Political Executive
Prime Minister and Cabinet Ministers
Power- Prime minister/ President
3. Judiciary- Supreme Court and High Court
A communication issued issued by an appropriate
authority stating the policy or decision of the
The government issues hundred of orders every day on
A Office memorandum was the culmination of a long
chain of events.
The government of India had appointed the Second
Backward Classes Commission in 1979.
It was headed by B.P. Mandal, so it is popularly called the
It was asked to determine the criteria to identify the socially
and educationally backward classes in India and
recommended steps to be taken for their advancement
The commission gave its report in 1980 and made many
One of these was 27% of government jobs be reserved for
the socially and economically backward classes.
The benefit of job reservation extended from SC to ST to a
third category called SEBC introduced
These reports and recommendations were discussed in the
Many parties and parliamentarians kept demanding for the
implementation of the demands.
1989 Lok Sabha election, the Janata Dal party promised that
if they will get a chance to form the government they would
implement the demands.
Janata Dal formed the government and its leader V.P.Singh
became the prime minister and took different measures for
to implement the commission report.
Finally, it was implemented official memorandum- O.M.No.
36012/31/90 was born on April 13, 1990
Reactions of the people
It was most hotly debated issue in the country.
Newspapers and Magazines were full of different views
and opinions related with this issue.
It led protests, counter protests, some of became violent
It affected the thousands of job opportunities.
Some felt that because of the inequality the reservation is
very important, through this those communities can reach
at the top of the society.
Others felt that it would make inequality in opportunity.
They would be denied jobs even though they could be
Some of them considered that it would make hamper in the
Some persons and associations opposed this and filed the case in
The supreme court of India bunched all these case together.
This case was known as “Indira Sawhney and others Vs Union of
Eleven judges of Supreme Court heard the arguments of both side
By a majority the judges in 1992 declared that this order of the
government was valid and asked the government to modify its
It said that well- to- do person from the backward class should be
excluded from getting reservation.
The Department of Personal Training issued another Office
Memorandum on September 8, 1993.
What do you meant by Political Institutions
In India the political institutions are arranging and
carrying all the tasks of the country. In modern
democracy these arrangements are known as
Working with institutions are not easy, it has lot of
rules and regulations.
This can bind the hands of the leaders.
Institutions involve meetings, committees and
routines. This often leads to delay and complications
Some of the delays and complications are very useful.
They provide an opportunity for a wider set of people
to be consulted in any decision.
In India these are the three important Political
Parliament/ Legislative- The prime minister and
the cabinet ministers that take all important policy
Executive- The Civil Servants, working together, are
responsible for taking steps to implement the minister's
Judiciary- Supreme Court is an institution where
disputes between citizens and the government are
Parliament & Legislature
Parliament: In all democracies, an assembly of elected
representatives exercise supreme political authority on
behalf of people. In India such as such as national
assembly called Parliament.
Legislature: The body of elected representatives at the state
level is called Legislature or Legislative assembly.
The name may vary in different countries, but such an
assembly exists in every democracy
What are the significance of Parliament
The parliament exercises political authority on behalf of the
people in many ways:
1. Parliament is the final authority for making law in any
country. It can also change existing laws or abolish existing
laws and make new ones in their place.
2. Parliament exercises control over those who run the
government. No decision can be taken without the support
of the parliament
3. Parliament also control the money matters.
4. Parliament is the highest forum of discussion and debate
on public issues and national policy in any country. It can
seek information about any matter.
Different houses of Parliament
Parliament plays a central role in democracies
The large countries divide the role and powers of the
parliament in two parts.
They are called Chambers or Houses
One house is usually directly elected by the people and
exercises the real power.
The second house , elected indirectly and perform some
special functions. They were looking the interest of various
states, regions and federal units.
In India, the parliament consists of two houses- Rajya Sabha
(Council of States) and Lok Sabha (House of the paople)
The president of India is a part of the parliament, although
she is not a member of either houses
Discuss- parliament and its two houses
In all democracies, an assembly of elected representatives
exercises supreme political authority on behalf of the people.
In India, such a national assembly of elected representatives
is called parliament. At the state level it is called Legislature
or Legislative Assembly
The parliament is the final authority for making laws in any
country. It can also change existing laws, or abolish existing
laws and make new ones in their place. The parliament
exercise control over those who run the government. No
decision can be taken without the support of the parliament.
Parliament also control money matters. It is the highest
forum of discussion and debate on public issues and national
policy in any country.
The parliament is divided in to two
The Houses of People (Lok Sabha)
It is directly elected by the people and exercises the real
The maximum strength of the house is 552 of 530 members
are elected from the states and 20 members from the Union
Territories. Two members are nominated by the president of
India from the Anglo- Indian community.
The present membership of Lok Sabha is 545.
The Council of States (Rajya Sabha)
Is usually elected indirectly and performs some special
The most common work for the second House is to look
after the interests of various states, regions or federal
It has not more than 250 members
Twelve of Rajya Sabha members are nominated by the
president from persons who have earned distinction in the
field of literature, art, science service.
Rajya Sabha is a permanent body.
One third of the members retire every two years.
At present 245 members in Rajya Sabha, distributed
among different states and union territories
Distinguish between- Lok Sabha & Rajya
Members of Lok Sabha are
directly elected by the eligible
The period of Lok Sabha is five
The maximum strength 552
Money bills can only be
introduced in the Lok Sabha. It
grants the money for running the
administration of the country
More powerful than Rajya Sabha
Members of Rajya Sabha are
elected by the elected members
of state legislative assembly
It is a permanent body, one third
of its member retire every two
It has not more than 250
The Rajya Sabha does not
exercise much power over money
Less powerful than the Lok Sabha
Distinguish between Political Executive
and Permanent Executive
The different levels of government, the functionaries takes the
day to day decision but do not exercise supreme power on
behalf of the people. These functionaries are called
executive, because they are in charge of the execution of the
policies of the government
In democratic country, executive that is elected by the people
for a specific period is called the Political Executive
Eg: Political Leaders
People who are appointed on a long term basis are called the
Permanent Executive or Civil Sevants
Eg: IAS, IPS, Government officers etc…
Executives who are elected by the
people for a specific period are
called Political Executives.
Example- Political leaders like
the Prime minister, Council of
They remain in office only so long
as they command the confidence
of the majority members of the
They are answerable to people for
all the consequences of their
They are more powerful. They
take all the final decision
The permanent executives are
salaried with civil servants who
are appointed on a long term.
Persons working in civil services.
Example: IAS, IPS and IFS
They remain in office even when
the ruling party changes. Their
tenure of the office is fixed.
They are not answerable to the
They are less powerful. They do
not take decisions. Instead they
assist political executives in
carrying out day- to- day
Appointments made by the
President of India
He/She appoints the Chief Justice of India, the judges of
the Supreme Court and the High Courts of the states.
2. He appoints the Prime Minister of India and other
ministers on the advice of the Prime Minister. He
appoints the Governors of the States.
3. He appoints the Election Commissioners and
Ambassadors to other countries
Different types of Council of Ministers
Council of ministers is the official name for the body that
includes all the Ministers. It usually has 60 to 80 Ministers
of different tasks
Cabinet Ministers: Usually top level leaders of the
ruling party, who are in charge of the major ministries.
Usually the Cabinet Ministers meet to take decisions in
the name of the council of Ministers. Cabinet is thus the
inner ring of the Council of Ministers. It comprises about
2. Ministers of State with Independent Charge:
are usually in charge of smaller ministries. They
participate in the cabinet meetings only when specially
3. Ministers of State: Are attached to and required to
assist cabinet Ministers.
The cabinet work as a team. No minister can openly
criticise any decision of the government, even if it is
about another ministry or Department. Every
Ministries has secretaries, who are Civil Servants. The
secretaries provide the necessary background
information to the ministers to take decisions.
Powers of the Prime Minister
The prime minister is the most important political institution
in the country. The President appoints the Prime Minister.
The prime minister does not have a fixed tenure. He
continues in power so long as remains the leader of the
majority party or coalition
1. He chairs Cabinet meetings
2. He coordinate the work of different department
3. His decision are final in case disagreements arise between
4. He exercises general supervision of different ministries
5. All ministers work under his leadership
6. The prime minister distributes and redistributes work to the
7. He has the power to dismiss ministers.
8. When the Prime Minister quits, the entire ministry quits.
Thus, if the cabinet is the most powerful institution in India,
within the cabinet it is the Prime Minister who is the most
Coalition Government imposed certain
constrains on the power of the Prime Minister
The prime Minister of the Coalition government cannot
take decision as he likes.
2. He has to accommodate different groups and factions in
his party as well as among alliance partners.
3. He also has to heed to the views and positions of the
coalitions partners and other parties, on whose support
the survival of the government depends.
Election procedure of the President
The president of India not elected directly by the people. All
the members of Parliament (MP) and members of
Assemblies (MLA) elect him. A candidate standing for the
post of President has to get majority of votes to win the
election. This ensures that the President of India can be
seen to represent the entire nation
Powers of the President of India
The President of India is the head of the State.
He exercises only nominal powers. He is like the queen
of Britain whose functions are to a large extent
The President supervises the overall functioning of all
the political institutions.
All government activities take place in the name of the
All laws and major policy decision of the government
are issued in his/her name
6. All major appointments are made in the name of the
President. These includes the appointment of the Chief
Justice of India, the Judges of the Supreme Court and the
High Courts, the Governors of the States, the Election
Commissioners, ambassadors to other countries etc..
7. All international treaties and agreements are made in the
name of the president.
8. The President is the Supreme Commander of the defence
force of India
Limitation of the Power of President
The President is the head of the State and not the head of
the government. Therefore, he exercises only nominal
powers and that too on the advice of the council of
2. The President can ask the Council of Ministers to
reconsider its advice. But if the same advice is given again,
he/she is bound to act according to it.
3. A bill passed by the Parliament becomes a law only after
the President gives assent to it. If the President wants,
he/she can delay this for some time and send the bill back
to the Parliament for reconsideration. But if the
Parliament passes the bill again, he/ she to sign it
American Presidential System
Difference- Presidential and Parliamentary System
The President of the United States is the head of the State and the
He is directly elected by the people
He personally choose and appoint the ministers
The legislature (Congress) making the law, but the president can
veto any law
The President does not need the support of the majority of the
members and he is not answerable to them.
He has a fixed period of four years and competes it even if his
party does not have a majority in the Congress
This model followed in most of the Latin America and many of
the ex- Soviet Union countries
Given the centrality of the President, this system is called
Presidential form of Government
But in India that follow British model, the parliament is Supreme
and this system is called Parliamentary System of Government
When and how does the President
exercise his discretion?
When a party or coalition of parties gets a clear majority
in the elections, the President has to appoint the leader
of the majority party or the coalition that enjoys
majority support in the Lok Sabha
When no party or Coalition gets a majority in the Lok
sabha, the President exercise his discretion
The President appoints a leader who in his opinion can
muster majority support in the Lok Sabha.
In such case, the President can ask the newly appointed
to prove majority in the Lok Sabha within a specified
Meaning of Judiciary
All the courts at different levels in the Country are
collectively called the Judiciary.
It is independent and powerful institution and is
considered essential for democracies.
The Indian Judiciary consists of a Supreme Court for the
entire nation, High Court in the States, District Courts
and the Courts at local level
The judiciary in India is also one of the most powerful in
Powers of Judiciary
The Judiciary in India is one of the most powerful judiciary in
the World. India has an integrated Judiciary. It means the
Supreme Court controls the judicial administration in the
1. Settle the Disputes
Between the Citizens
Between citizen and government
Between two or more state
Between government at the union and state level
2. Free form legislature and Judiciary
The judges do not act on the direction of the government or
according to the wishes of the party in power
That is why all the modern democracies have courts that are
independent of the legislature and the executive
3. Interpret the Constitution of the Country
The Supreme court and the High court have the power to
interpret the Constitution of the country
4. Judicial Review
They can declare invalid any law of the legislature or the
actions of the executive, whether at the Union level or at the
State level, if they find such a law or action is against the
Constitution. Thus they can determine the Constitutional
validity of any legislation or action of the executive in the
country, when it is challenged before them. This is known as
Judicial review. If the court finds that a law or an order of the
executive disobeys the provisions of the constitution, it
declares such law or order null and void.
5. Guardian of Fundamental Rights
The powers and the independence of the Indian judiciary
allow it to act as the guardian of the Fundamental rights.
That is why, the judiciary enjoys a high level of confidence
among the people.
6. Public Interest Litigation
Any one can approach the courts if public interest is hurt by
the actions of the government.
7. Prevent the misuse of government power
The courts intervene to prevent the misuse of the
government’s power to make decisions. They check
malpractices on the part of the public officials. That’s why
the judiciary enjoys a high level of confidence among the
Appointment & Removal Judges
The judges of the S C and H C are appointed by the
President on the advice of the Prime Minister and in
consultation with the Chief Justice of the Supreme Court.
The Senior most judge of the Supreme Court is usually
appointed the Chief Justice
Once a person is appointed as judge of the S C or H C it is
nearly impossible to remove him or her from that
A judge can be removed only by an impeachment motion
passed separately by two thirds members of the two
houses of the parliament
It has never happened in the history of Indian democracy