CHAPTER -2 FORMS AND ORGANS OF GOVERNMENT

(UNIT -1 INTRODUCTION TO POLITICAL INSTITUTIONS)

Q1 Name the three organs of government and the specific function performed by each organ of
the government ?

OR

How does government distributes it’s power and functions ?

Ans A government normally functions by distributing its functions between its organs with each
organ performing some specific functions. It primarily performs three functions: making the laws,
enforcing the laws and adjudicating disputes. These three essential functions are termed
legislative, executive and judicial functions.

Q2 Explain the term “Separation of Power”.

Ans The legislature makes laws, the executive implements them and the judiciary interprets laws
and adjudicates disputes. This system of distribution of powers among the three organs of a
government is called ‘Separation of Powers’.

Q3 List and Explain different forms of Government

Ans

A ) MONARCHY

The state machinery worked according to the commands and rule of the monarch. Monarchy is thus
a form of political regime in which the supreme and final authority is in the hands of a single person
wearing a crown, irrespective of whether his office is hereditary or elective. It is the will of one
person which ultimately prevails in all matters of governance.

J.W. Garner (1871-1938) stated “In its widest sense, any government in which the supreme and final
authority is in the hands of a single person is a monarchy, without regard to the source of his
election or the nature and duration of his tenure. In this sense, it is immaterial whether his office is
conferred by election (by parliament or people) or is derived by hereditary succession, or whether
he bears the title of emperor, king, czar, president or dictator.

With the development of Republican and Democratic forms of government, monarchial form of
government declined. In some cases, as in the United Kingdom, monarchs are merely retained as the
‘ceremonial’ or ‘nominal’ heads of government, devoid of key political powers.

Some countries still following monarchy are Saudi Arabia , Oman, Kingdom of Brunei Darassalam.
B) ARISTOCRACY

The word ‘Aristocracy’ originates from the greek word ‘aristo’ which means ‘the best’ and another
greek word, ‘kratein’, which means ‘to rule’. In aristocratic form of government, political power of
the state is vested in the hands of a few people. It is a form of government in which relatively small
proportion of people determine the policies of the government. It can be a combination of priests,
soldiers, professionals, landowners or men of wealth.

As defined by Garner, Aristocracy is the form of Government “in which relatively a small portion of
citizens have a voice in choosing public officials and in determining public policies.” Those few
people are chosen from among the people of the state on varied basis, such as wealth (land owning
class), education (nobles), religious positions (priestly class), family, succession, physical force etc.
The ruler is considered as a class separate and superior from the ruled.

C) DICTATORSHIP

Dictatorial form of Government is the rule by a single person or a determined set of individuals. He
controls and exercises the political powers of the state. He occupies the position by force, invasion,
intervention and militarism, in contrast to a monarch. His dictates are law of the country. He
implements them and adjudges according to his will. He holds the absolute power. He is not
accountable or answerable to the citizens of the state. Modern Dictatorship plays the role of
totalitarian states.

Example : North Korea, Myanmar

D) DEMOCRACY

democracy as a form of Government in which people are powerful. Bryce defined democratic form
of government as one where the ruling power of the state was vested not in a particular class or
classes but in the community as a whole. Democratic form of Government is the most popular form
in the modern civilized states. The word, ‘democratic’ originated from the Greek word ‘Demos’
meaning people and ‘Kratia’ meaning rule, i.e. rule by a popular vote.

Democracy exists in two major forms: Direct or pure democracy and indirect or representative
democracy. This form of democracy operated in Greek city state, Athens during 4th and 5th century
BC and in Rome during the early stages of the Roman polity, as an ideal system of popular
participation is referred to as direct democracy . In contemporary times, this form of democracy is
prevalent in the provinces of Switzerland. ( Q Give example of country practicing direct democracy
in contemporary times)

The other form is Representative or Indirect Democracy, on the basis of universal suffrage. In this
form, citizens of the country elect their representatives on the basis of popular votes. The will of the
state is formulated and expressed through the representatives. The representatives form a law
making and law-executing agency for a fixed term.

The other forms prevalent in democracy are Parliamentary , Presidential and Semi – Presidential
form of government .Other Than this there is unitary and federal form of government .
Q 4 Interpretate “Abraham Lincoln’s statement on democracy ?

Ans Abraham Lincoln (1809-1865), a former President of the U.S., in his speech at Gettysburg
defined democracy as a ‘government of the people, by the people and for the people’, ‘Government
of the people’ implies equal distribution of political powers and influence among the citizens of the
state, ‘government by the people’ implies participation of all citizens in forming a government,
‘government for the people’ implies the rule of government for the promotion of public welfare

Q5 Discuss the concept of pure democracy as interpretated by political thinker Garner?

Ans As defined by Garner, ‘A pure democracy so called is one in which will of the state is formulated
or expressed directly and immediately through the people in mass meeting or primary assembly,
rather than through the medium of delegates or representatives chosen to act for them’. The
political power is in the hand of the citizens of the state as a whole to enact legislations, to
administer regulations and the citizens, by common vote, elect their public officers. This is referred
to as initiative, plebiscite or referendum.

Q6 State the difference between Referendum and Plebiscite ?

Ans Referendum is where the bill passed by the legislature is forwarded to the voters for final
ratification.

The term plebiscite is used where an important issue could not be decided by the government, and
is decided by the votes of people. Voters recall their elected representatives when they are not
satisfied by their conduct.

Q7 State the difference between Direct Democracy and Indirect Democracy?

OR

A country, Amerintina was governed by representatives on behalf of the citizens. Another country,
Plicia was governed by the citizens themselves by various methods. Identify the above two forms
of government and differentiate between their processes ( CBSE REFERENCE MATERIAL)

Ans Amerintina was following indirect or representative democracy and Plicia was following
direct democracy .

DIRECT DEMOCRACY INDIRECT DEMOCRACY

Direct Democracy is referred to as pure Indirect democracy is referred to as impure
democracy. democracy .
A pure democracy is one in which will of state is Indirect democracy is practice through the
formulated or expressed directly and medium of delegates or representatives chosen
immediately through the people in mass to act for them . The political power is in the
meeting or primary assemblies. hands of citizens of the state as a whole to
officers.
Example : Ancient Greek City State , Romen Example : India , USA, Canada, England
society, Gram Panhchayat in India , Switzerland
in current times
Q8 State the difference between Parliamentary and Presidential form of government ?

Ans

PARLIAMENTARY FORM OF GOVERNMENT PRESIDENTIAL FORM OF GOVERNMENT

In Parliamentary system the legislature and the In the Presidential system, executive branch of
executive are related to each other, by way of the government is independent of the
membership in the two bodies and their legislature for its tenure and actions.
accountability. This form of government is well
prevalent in India and United Kingdom.
The executive body, while implementing laws Presidential government is that form in which
and discharging its responsibilities like health, the chief executive is independent of the
education, food and public distribution, legislature as to his tenure and, to a large
defence, police services etc., is responsible to extent, as to his policies and acts.
the legislature.
Head of the government is usually known as President in the head of the state .
Prime Minister .
In Parliamentary form of government Head of In Presidential form of government President is
the state is Monarch or President and Head of both head of the state and head of the
the government is Prime Minister . government
The system works on the principle of collective The system works on the principle of “checks
Responsibility and Balances “ or “separation of power “

Q9 What is meant by the term of collective responsibility ?

Ans The principle of collective responsibility means that the Council of Ministers works as a team, as
a unit and is responsible as a body for the general conduct of the affairs of the government. All the
Ministers stand or fall together in Parliament, and the government is carried on as a unity.”

Q10 State the difference between Unitary and Federal form of government ?

UNITARY FORM OF GOVERNMENT FEDERAL FORM OF GOVERNMENT

The Unitary form of Government is one where Federal Government is a system in which a
the whole state with all its units and provinces totality of governmental power is divided or
is organized under a single central Government. distributed by the national Constitution or the
organic act of Parliament creating it, between a
central Government and the governments of
individual states or other territorial sub
divisions of which the federation is composed.
The local/provincial Governments are created The state / local/ provincial form of
by the central Government as its subordinates government are not subordinate to central
for better administration. government.
Area of Jurisdiction is précised and decided by Area of Jurisdiction is précised and decided by
the Central government . the constitution of the country .
 The dispute settlement between different The dispute settlement between different
levels of government is majorly taken cared by levels of government is majorly taken cared by
central government . independent judiciary.
Examples : China and United Kingdom Examples : India and USA

IMPORTANT -NOTE : As listed in the Seventh Schedule of the Constitution of India, the matters
concerning national importance like international relations, war and peace, atomic energy, etc. are
dealt with by the Central Government.

Q 11 India’s system of Government is federal in character and unitary in spirit. Explain the
statement

The given statement interpretates that in Indian federal system the Central government is more
powerful than the other levels of government and Central government has a say in the
administration of the country . This can be justified through below given points

1) The very existence of a State including its territorial integrity is in the hands of Parliament.
The Parliament is empowered to ‘form a new State by separation of territory from any State
or by uniting two or more States…’. It can also alter the boundary of any State or even its
name.
2) As per Article 352 The Constitution has certain very powerful emergency provisions, which
can turn our federal polity into a highly centralised system once emergency is declared.
During an emergency, power becomes lawfully centralised.
3) Central government has many revenue sources and the States are mostly dependent on the
grants and financial assistance from the centre. Secondly, India adopted planning as the
instrument of rapid economic progress and development after independence. Planning led
to considerable centralisation of economic decision making. Planning commission appointed
by the union government is the coordinating machinery that controls and supervises the
resources management of the States. Besides, the Union government uses its discretion to
give grants and loans to States. This distribution of economic resources is considered
lopsided and has led to charges of discrimination against States ruled by an opposition party.

4) The Governor of the state is appointed by Central Government and he has certain powers to
recommend dismissal of the State government and the dissolution of the Assembly. Besides,
even in normal circumstances, the Governor has the power to reserve a bill passed by the
State legislature, for the assent of the President.

5) Article 257 of Indian Constitution clearly says that the central government needs to legislate
on matters from the State list. This is possible if the move is ratified by the Rajya Sabha. The
Constitution clearly states that executive powers of the centre are superior to the executive
powers of the States.

6) The all-India services are common to the entire territory of India and officers chosen for
these services serve in the administration of the States. Thus, an IAS officer who becomes
the collector or an IPS officer who serves as the Commissioner of Police, are under the
control of the central government. States cannot take disciplinary action nor can they
remove these officers from service.
 7) Articles 33 and 34 authorise the Parliament to protect persons in the service of the union or
a state in respect of any action taken by them during martial law to maintain or restore
order. This provisions further strengthens the powers of the union government. The Armed
Forces Special Powers Act has been made on the basis of these provisions.

Q In which schedule of Indian constitution the federal division of work has been described for the
government of India?

Ans The Seventh Schedule of the Constitution of India, the matters concerning national importance
like international relations, war and peace, atomic energy, etc. are dealt with by the Central
Government. The matters of regional and local importance listed in the state list can be legislated by
the state governments. There are matters on which both the Central and State governments are
authorized to make laws which are included in the Concurrent list.

Q12 Give a Short note on Legislature as organ of government .

Ans Legislature may be organized as Bicameral or Unicameral Legislature.

In a Bicameral System, there are two houses or chambers. Indian Parliament is a bicameral
legislature, its houses being the House of People (Lok Sabha) and Council of States (Rajya Sabha).

In the States of the Indian Union, the legislature consists of the Vidhan Sabha (lower house) and
Vidhan Parishad (upper house).

However, certain states have only one house. The House of People (Lok Sabha) consists of the
representatives of citizens of the entire country living in states and union territories. Council of
States (Rajya Sabha) consists of the representatives elected by the Legislative Assemblies of the
states, and other nominated members from the field of art, culture, academics, sports, literature
science and social service.

The purposes and functions of the second chamber are to check hasty and ill-considered pieces of
legislations, with the sober advice of experts and eminent persons. Thus, it becomes possible to
examine issues from different standpoints, and to safeguard the interests of states in a federal
system.

Unicameral legislature implies one legislative house. This system of legislature is seen in Turkey,
which is known by the name of Grand National Assembly of Turkey; in Bangladesh by the name of
House of Nation, etc. This system is supported by the reason that the legislative body representing
people’s interest must be one, failing which delays and conflicts may arise in the enactment of
legislation.

Q 13 Give one argument in favour and against unicameral legislature ?

Ans Argument in favour of Unicameral Legislature : This system is supported by the reason that
the legislative body representing people’s interest must be one, failing which delays and conflicts
may arise in the enactment of legislation.
Argument against Unicameral Legislature: A single house may take swift decisions without making
any delay but it may result in hasty and ill-considered decisions which may have negative impact
during implementation

Q14 State the difference between Unicameral and Bicameral legislature ?

Difference Unicameral Legislature Bicameral Legislature

Number Of House One Two
Sharing Of Power Concentrated in one house Shared between two houses
Decision – Making Flexible and efficient as bills Time-Consuming as both the houses have
are introduced and passed in to pass the bill hence, their approval is a
only a single house tedious task
Suitability A unicameral legislature is Bicameral legislature is more suited to
best suited to smaller states. larger states
Example Bangladesh , Turkey India and Britain

Q15 List the states of India having bicameral legislature

Ans 1. Andhra Pradesh 2. Bihar 3. Karnataka 4. Maharashtra 5. Telangana 6. Uttar Pradesh

Q 16 State the difference between Simple and Special majority ?

Ans Simple Majority Special Majority

In simple majority on 51% of the total MP’s In special majority bill can not be passed until
present in the house need to agree will the bill and unless 273 MP’s agree for the same .
and the bill is passed to the next house.
For Example : If total 200 MP’s are present in It is generally followed in the case of
Lok Sabha and if 101 agree to pass that bill then Constitutional amendment bills.
the bill can be passed.

It is generally followed to pass ordinary bill.

Q17 State the difference between Private Member Bill and Government Member Bill ?

Ans Government Member Bill Private Member Bill

When a bill is raised by the MP of ruling When a bi is raised by an MP of opposition
government then it is referred to as party then it is referred to as private member
government member bill. bill.

Q Differentiate between ordinary bill and Money bill

Ordinary Bill Money Bill

Any bill which is not associated to money is Any bill which is not associated to money is
referred to as ordinary bill referred to as money bill
 Ordinary bill can be passed by simple majority Money bill can be passed only through special
majority.
Ordinary bill can be sent back Rajya Sabha to Money bill can not be sent back by Rajya Sabha
Lok Sabha for re-discussion and consideration . and it can not even hold it for more than two
weeks
The legislative procedure for introduction and The legislative procedure for introduction and
passing of ordinary bills is mentioned in Article passing of money bills is mentioned in Article
107-108. 109-110.
Ordinary bill can be introduced in either of the Money bill can be introduced only in Lok Sabha
houses . i.e. House of commons
Q State the general functions of legislature as organ of government?

Parliament, Assembly and Congress are the synonyms used for the term ‘Legislature’ in various
countries. The word ‘Parliament’ is derived from the French word ‘parler’. Parliament means
meeting for discussion. The following are some functions of this organ:

1) Expressing and formulating the will of the state and enactment of laws
The legislature formulates and expresses the ‘will of the state’. The ‘will of state’ in a
representative democracy is the will, opinion and sentiments of its citizens and the public
issues concerning them. Laws when enacted are called ‘Acts’. These Acts are the direct
source of law to control and regulate the institutions running in a state and society. All
legislations are enacted for the achievement of certain objectives and purposes. For
example, the Indian legislature enacted the Consumer Protection Act, 1986 with the purpose
of protecting the interest of consumers and the speedy settlement of their disputes.

2) Ensuring accountability of the executive

Article 75(3) of the Constitution of India states that the Council of Ministers shall be
collectively responsible to the House of the People. Parliament exercises check and ensures
executive and administrative accountability through its control over finances. Parliament
assesses governmental policies and performance of administration through procedures like
questions, calling attention motions etc. Motion of No-Confidence may be moved and
passed against the Council of Ministers, in the Lok Sabha.

3) Parliamentary procedure and enactment of laws

The legislative procedure for introduction and passing of Bills is laid down in Articles 107 to
108, in the Constitution of India, in the case of ordinary Bills; and in Articles 109-110 in the
case of Money Bills. Article 111 provides details of assent to Bills by the President.

a. Ordinary Bills may originate in either House of Parliament.

b. A Money Bill contains provisions for imposition, abolition, alteration or regulation of any
tax, custody of the Consolidated Fund or Contingency Fund of India, payment of money into
or withdrawal of money from any such Fund and related matters. However, a Money Bill
shall be introduced only in the House of People and not in the Council of States.

c. Annual Financial Statement is the annual statement of estimated receipts and

expenditure of the Government for the ensuing financial year. Article 112 of the
Constitution of India states that the President shall cause the statement to be laid before
 both the Houses of Parliament. The Members of Parliament debate on the provisions of the
proposed Bill. Generally, a Bill is passed after three readings.

4) Legislature and its judicial functions

The Legislature performs judicial functions while hearing and trying cases of impeachment
(removal from office before term). The Constitution of India lays down the procedure for
impeachment of President and Vice President of India, Judges of the Supreme Court and
High Court and the Chief Election Commissioner. It performs judicial function while deciding
on the privileges of the Members of the House.

5) Legislature and its Administrative functions

In India, the elected members of both Houses of Parliament and elected Members of the
Legislative Assemblies of the States form an electoral college to elect the President. The
Vice President is elected by an electoral college comprising of Members of both Houses of
Parliament. The members of the Lok Sabha elect two members as the Speaker and Deputy
Speaker, while the members of the Rajya Sabha elect the Deputy Chairman of the Rajya
Sabha.

Q Explain the general functions of Executive as Organ of Government ?

Ans Executive is often referred to as the ‘government’ of a state. In a representative democracy,

the term ‘Executive’ has a broad meaning.

The following are the functions of the executive organ:

1) Internal and External Administration of the State

The chief function of the executive is the maintenance of internal and external
administration - law and order, financial matters, infrastructure and industrial development,
welfare and development of the people (health, education, labour, employment, rural and
local development), environment and forests, natural resource management, trade and
commerce etc., on the internal front and defence, foreign affairs, international relations etc
on the external front.

2) Executive and its Legislative functions

a) Delegated Legislation -: Delegated legislative functions are performed by the executive.
Delegated legislation is an enactment made by an individual or body other than
Parliament. By delegating the power to make a legislation to the Executive, the
Parliament empowers different people or bodies to integrate more details to an Act of
Parliament. Parliament along these lines, through essential enactment (for example an
Act of Parliament), authorises the executive to make laws and guidelines through
delegated legislation. It frames orders, rules, regulations, ordinances, by-laws, and
circulars. They carry equal force of law if framed within the sphere and policy of the
parent legislation.
 b) Ordinance-: Under Article 123 of the Constitution of India, the President has the power
to promulgate an ordinance during the recess of the Parliament. An ordinance is a law
that is promulgated by the President of India only when the Indian parliament is not in
session. President promulgates an ordinance on the recommendation of the union
cabinet. Using ordinances, immediate legislative actions can be taken. However, it must
be noted that for an ordinance to exist, it should be approved by the Parliament within
six weeks of being introduced. Parliament is required to sit within 6 weeks from when
the Ordinance was introduced. ( Q Explain the process of law formation and
implementation when Parliament of India is not in session ?)

3) Executive and its financial functions

The executive imposes and collects taxes and incurs expenditure on the various activities of
the state. It prepares budget of the financial year, maintains accounts of government
departments and prepares national policies. It also arranges financial grants from
international entities like International Monetary Fund, World Bank etc.

4) Executive and Judicial functions

Judicial functions of the executive include power to grant pardon (Presidential), to suspend
or lessen the punishment on special grounds or to exchange one form of punishment for
another, on the petition of a person convicted of any offence by the court.

Q Explain the General functions of Judiciary as organ of government ?

1) To Hear and Decide disputes: The first and the foremost function of the judiciary is to hear
and decide a case, according to the substantive and procedural laws of the land. The role of
the judiciary is expanding with the expanding role of the executive. Disputes may arise
among citizens of a state, between citizens and state, among the federal units, between the
various departments of the executive and in international relations, calling for intervention
by the judiciary.

2) Judicial Review: Judicial review is the power bestowed upon the judiciary by the
constitution, by virtue of which the judiciary can examine legislative enactments and
executive orders of the governments, be it state or central, and declare them null and void if
they contravene the provisions of Constitution.

3) Interpretation of laws: Wherever the law is ambiguous (confusing) or not clear or silent or
appears to be inconsistent with other laws of the land, the courts after proper analysis
determine or interpret the intent, purpose and meaning of the provisions of law.

4) Advisor to the President: The Supreme Court has special advisory jurisdiction in matters
which may specifically be referred to it by the President of India under Article 143 of the
Constitution.

5) Role of Judiciary as an activist: In India, perhaps the first instance of the activist role of the
judiciary was after the Emergency, when the Supreme Court came up with public-interest
litigation (PIL), a tool meant to ensure justice for the under-privileged and the marginalized.
6) Legislative and executive function of the judiciary : The judiciary has been empowered to
frame rules and execute them for the smooth functioning of its own administration. This is
also done to ensure independence of the judiciary.