6. DEMOCRATIC RIGHTS

Political Executive

• The President, the Prime Minister and his Council of Ministers and the civil servants form the executive.
• The Political Executive consists of political leaders elected by the people, who act on their behalf and are responsible to the public who elected them. They take all the decisions,understand the overall picture.
• When we talk about the government, we usually mean the executive.
• The second category is called the permanent executive consisting of civil servants. They help the political executive in carrying out the day to day work. They are experts but do not take the final decision.
• Prime minister is the most important political institution in the country.
• Prime Minister has three kind of ministers to help him :(i) Cabinet Ministers. It is the inner ring of the council of ministers.(ii) Ministers of State with independent charges.- Usually in charge of smaller ministries.(iii) Deputy Ministers.
• The Prime Minister’s position is supreme. He chooses his Cabinet and his decision is final, except in a coalition government where he has to listen to other party members.
• When the Prime Minister quits, the entire ministry quits.

The President is the nominal head in India. He is not directly elected by the people as in USA. The elected members of parliament (MP) and MLA s elect the President.

• All the Members of Parliament and Members of the State Legislatures elect him. Since he is elected indirectly, he does not have the same powers as the Prime Minister.
• The President exercises all his legislative, executive, financial, judicial, military powers only on the advice of the Prime Minister and his Council of Ministers.
• The President can only delay a bill. If the Parliament passes it again, he has to sign it.
• President has the power to appoint the leaders when there is a coalition on his own discretion.
• In countries like USA, France have powerful President ship.

The Judiciary: India has one of the most powerful judiciaries.

• The Judiciary is independent of both the Executive and the Legislature.
• The Chief Justice of the Supreme Court is appointed by the President on the advice of the Prime Minister and his Council of Ministers.

• The other judges of the Supreme Court and the State High Courts are appointed in the same way but on the advice of the Chief Justice.
• Once appointed, the Judges can be removed only by impeachment.
• The Judiciary is the custodian of the Constitution, and the Supreme Court and the High Courts have the power to interpret the Constitution.
• It can declare any law passed by the Legislature as invalid, if it violates the Constitution.
• It safeguards the Fundamental Rights of the people of India, and checks malpractice and misuse of power by the Executive or the Legislature.