This article has been written by Vishwas Agarwal, a final-year law student at the West Bengal National University of Juridical Sciences, Kolkata.
INTRODUCTION
India is the largest democracy in the world, and its 1.38 billion people come from a wide variety of cultural and religious backgrounds, making it a formidable obstacle to overcome when trying to craft laws that are fair to everyone. Hence, it is crucial that we learn how the three parts of government—the legislature, the administration, and the judiciary—interact to create public policy. It is difficult to foreclose opposition to a policy in a democracy. Nonetheless, these disagreements might be perceived favorably if only because they facilitate the policymaking process of trial and error. The policymaking structures must be flexible enough to accommodate the many different opinions of their constituents. While changes and delays occur throughout the policymaking process, this is not a deficiency of the institutions involved.
The executive branch is the second most influential part of government. Its principal functions are the administration of laws and the carrying out of policies. The executive’s primary responsibilities are policy formation and development initiatives, which are essential to the improvement of people’s lives and hence the executive’s primary priority.
CRITICAL ANALYSIS
India gained its independence from Britain on August 15, 1947. Before this, there had been a difficult and drawn-out war in which many people had taken part. Freedom, equality, and collective decision-making galvanized supporters from all walks of life, inspiring them to take up arms and help win the battle. Throughout the time that the British government was in charge of the colony, the people had been living in fear of it and had been strongly opposed to many of its policies. Yet if they spoke out against these measures, they would be putting themselves in grave danger. The freedom struggle initiated the required change. For a time, nationalists began openly attacking the British administration and demanding change. The Indian National Congress first called for this in 1885, insisting that legislators should be able to scrutinize and assess budget spending. Elections for certain offices were made possible by the Government of India Act of 1909. While these first legislatures under British rule were a response to the growing demands of the nationalists, they did not provide the franchise to all adults or allow for widespread participation in policymaking. However, the nationalists achieved their goals.
The democratic system takes its theoretical cues from the idea of consent, which refers to the desire, approval, and engagement of the people. The people’s choices shape a democratic government and dictate its policies. This form of governance is predicated on the idea that each individual, or citizen, is the most important person, and that the effectiveness of government and other public institutions depends on having the support of the people who elect them. How does the process of giving one’s permission to the government work? Voting is mentioned as a means to this end anywhere. Voters would choose members of Parliament to represent them, and eventually a coalition of those elected would form the government. As a whole, the Parliament has the power to command and control the government. By electing their own representatives, the people effectively become the government and have ultimate authority over it.
Parliament of India consists of the President of India, the Rajya Sabha, and the Lok Sabha. When Lok Sabha elections are complete, a tally is made of how many lawmakers from each party sit in the legislature. A political party needs a simple majority of seats in parliament to assume power. With a total of 543 elected representatives (plus 2 Anglo-Indian nominated members), a majority in the Lok Sabha requires a party to control at least 272 seats. The Opposition is made up of all the parties in Parliament that are opposed to the ruling majority or coalition. The most prominent of these groups is known as the Opposition. One of the most important responsibilities of the Lok Sabha is the choosing of the executive. The executive is a group of persons that work together to enforce the laws that have been established by parliament. Most references to “the government” in common use pertain to this executive branch. Prime Ministers of India have usually been the party leaders of the majority in the Lok Sabha. The Prime Minister selects ministers to assist in carrying out policies from among the members of parliament who are members of her party. Following that, these officials are assigned to lead certain government departments, such as those in charge of healthcare, education, finance, and so on. One political party has struggled to win enough votes to form a government on many occasions in recent history. In doing so, they form what is known as a coalition government with other political parties that share their interests.
The Rajya Sabha’s principal function is to provide a voice for India’s different states inside Parliament. In addition to the Lok Sabha, the Rajya Sabha has the power to initiate legislation, and a bill must be approved by the Rajya Sabha before it can become a law. So, it is very important for it to review the legislation initiated by the Lok Sabha and make necessary amendments. The members of the Rajya Sabha are selected by a vote of the newly elected members of the Legislative Assembly of the various states. Currently, there are 233 members, with room for 12 more to be appointed by the President.
Each Parliament meeting will begin with a time for questions and answers from the audience. The question hour is a crucial time for members of parliament to ask questions and learn more about how the government operates. Parliament’s power to exert influence on the executive is greatly enhanced by this measure. By questioning MPs, who represent their constituents in Parliament, the government is made aware of its shortcomings and also learns the views of the people. Each lawmaker has the duty to inquire about government policies and practices. If there are no political parties in opposition, then the democratic process is not functioning correctly. They draw attention to issues with various government policies and programs and try to win over the public to their own causes.
There are currently more people from diverse backgrounds sitting in Parliament. For example, there are more members from rural regions, as well as members from numerous other regional parties. The number of seats gained by underrepresented groups and ethnicities in parliament has recently increased. There has also been an increase in the number of Dalits and other backward groups participating in political activities. Have a look at the table below for information on the proportion of the people who voted in Lok Sabha elections in each of the years indicated.
It has been observed that representational democracy cannot provide a perfect representation of society. There is a growing recognition that as our common experiences and interests vary, it is vital to ensure that historically persecuted groups are properly represented in order to bridge the gap created by these disparities. As a result, certain seats in Parliament are reserved for members of the SC and ST groups. This has been done so that the Members of Parliament elected from these constituencies are familiar with Dalit and Adivasi concerns and can represent their interests in Parliament.
CONCLUSION
The executive branch is one of three divisions of government that are crucial to the operation of an organization and are described in a constitution. The delegation of authority and the working relationship between the three branches of government—executive, legislative, and judicial—are critical components of any structure of this kind. Aside from the broad and general distinction that the legislature is the body that makes laws and approves the budget, the executive branch is the body that implements laws, and the judiciary is the body that adjudicates on laws, there are numerous questions that must be addressed and answered in order to design the appropriate balance between the three. One of the primary sources of ongoing debate in the process of drafting a new constitution or reforming an existing one is the appropriate level of separation that should exist between the three branches of government, as well as the various degrees of mutual checks and controls that should exist between those branches. As a consequence, the structure of the executive branch cannot be viewed in isolation; rather, it requires an understanding of the greater framework of government within which it operates.
Bibliography:
Journal Articles:
- Varshney, A. “Asian Democracy through an Indian Prism” The Journal of Asian Studies
- Sharma, C. L. “State of Democracy In India”. The Indian Journal of Political Science
- Desai, M. Democracy and Development: India 1947–2002
- R. JHA (Ed.), “The First Ten K R Narayanan Orations: Essays by Eminent Persons on the Rapidly Transforming Indian Economy” ANU Press
- Mehta, P. B. “State and Democracy in India”. Polish Sociological Review
- Weitz, R. “Promoting U.S.-Indian Defense Cooperation: Opportunities And Obstacles”. Strategic Studies Institute, US Army War College
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening