Government of India

Government of India

Founding document Constitution of India
Jurisdiction Republic of India
Website india.gov.in
Executive branch
Leader Prime Minister of India
Appointer Electoral College of India
Main organ Cabinet
Judicial branch
Court Supreme Court of India

The Government of India (GoI) is the federal government created by the Constitution of India as the legislative, executive and judicial authority of the union of 29 states and seven union territories of a constitutionally democratic republic. It is located in New Delhi, the capital of India.

Basic structure

Effecting the Westminster system[1] for governing the state, the federal government is mainly composed of the executive, legislative, and judicial branches, in which all powers are vested by the Constitution in Parliament, the Prime Minister and the Supreme Court. The President of India is the Head of State and the Supreme Commander of the Indian Armed Forces while the elected Prime Minister acts as the chief executive (of the executive branch) and is responsible for running the federal government.[2] There is a bicameral Parliament with the Lok Sabha as a lower house and the Rajya Sabha as an upper house. The judicial branch systematically contains an apex Supreme Court, 24 high courts, and several district courts, all inferior to the Supreme Court.[3]

The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the Civil Procedure Code, the Indian Penal Code, and the Criminal Procedure Code.[4] Similar to the federal (union) government, individual state governments each consist of executive, legislative and judicial branches. The legal system as applicable to the federal and individual state governments is based on the English Common and Statutory Law.[5] The full name of the country is the Republic of India. India and Bharat are equally official short names for the Republic of India in the Constitution,[6] and both names appears on legal banknotes, in treaties and in legal cases. The Union Government, Central Government or Government of India (Bharat Sarkar) are often used in an official and unofficial capacity to refer to the Government of India. Because the seat of government is in New Delhi, "New Delhi" is commonly used as a synonym for the Central Government.

Legislative branch

The powers of the legislative branch in India are exercised by Parliament, bicameral legislature consisting of the Rajya Sabha and the Lok Sabha. Of the two houses of Parliament, the former is considered to be the upper house or the Council of States and consists of members appointed by the President and elected by the state and territorial legislatures. The latter is considered the lower house or the House of the people.[7]

The Parliament of India in the background

Parliament does not have complete control and sovereignty, as its laws are subject to judicial review by the Supreme Court of India. [8]However, it does exercise some control over the executive branch. The members of the cabinet, including the prime minister and the Council of Ministers, are either chosen from parliament or elected thereto within six months of assuming office.[9] The cabinet as a whole is responsible to the Lok Sabha. [10]The Lok Sabha is a temporary house and can only be dissolved when the party in power loses the support of the majority of the house. Whereas the Rajya Sabha is a permanent house which can never be dissolved by the members of the Rajya Sabha who are elected for a six-year term.[11]

Executive branch

The Executive Branch of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers.[12]

President

The Rashtrapati Bhawan compound
South Block building housing the Ministry of Defence. President is the de jure Head and Commander-in-Chief of the Indian armed forces.

The executive power is vested mainly in the President of India, as per Article 53 (1) of the constitution. The President has all constitutional powers and exercises them directly or through officers subordinate to him as per the aforesaid Article 53(1). The President is to act in accordance with aid and advice tendered by the Prime Minister, who leads the Council of Ministers as described in Article 74 of the Constitution of India.

The Council of Ministers remains in power during the 'pleasure' of the President. However, in practice, the Council of Ministers must retain the support of the Lok Sabha. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it holds the support of a majority in the Lok Sabha.

The President is responsible for appointing many high officials in India .These high officials include the Governors of the 29 States, the Chief Justice, other judges of the Supreme Court and High Courts of India on the advice of other judges ,the Attorney General , Comptroller and Auditor General the Chief Election Commissioner and other Election Commissioners, the Chairman and other Members of the Union Public Service Commission, the President's Officer, the Cabinet Secretary and the Ambassadors and High Commissioners to other countries on the recommendations of the cabinet[13][14]

The President, as Head of State also receives the credentials of Ambassadors from other countries, whilst the Prime Minister, as Head of Government, receives credentials of High Commissioners from other members of the Commonwealth, in line with historical tradition.

The President is the de jure Commander in Chief of the Indian Armed Forces.[15]

The President of India can grant a pardon to or reduce the sentence of a convicted person for one time, particularly in cases involving punishment of death.The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Lok Sabha majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.[16]

Vice-President

The Vice-President is the second highest constitutional position in India after the President.The Vice-President represents the nation in the absence of the President and takes charge as acting president in the incident of resignation impeachment or removal of the President.The Vice-President also has the legislative function of acting as the Chairman of the Rajya Sabha.[17]The Vice-President is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of Proportional Representation by means of the Single transferable vote and the voting is by secret ballot conducted by election commission.

Prime Minister

Prime Minister's Office at the South Block.

The Prime Minister of India, as addressed in the Constitution of India, is the chief of government, chief adviser to the President of India, head of the Council of Ministers and the leader of the majority party in the parliament. The prime minister leads the executive branch of the Government of India.

The Prime minister is the senior member of cabinet in the executive branch of government in a parliamentary system. The prime minister selects and can dismiss other members of the cabinet; allocates posts to members within the Government; is the presiding member and chairman of the cabinet and is responsible for bringing a proposal of legislation. The resignation or death of the prime minister dissolves the cabinet.

The Prime minister is appointed by the president to assist the latter in the administration of the affairs of the executive.

Cabinet, executive departments and agencies

The Cabinet of India includes the Prime Minister and his Cabinet Ministers.[18] Each Minister must be a member of one of the houses of India's Parliament. The Cabinet is headed by the Prime Minister, and is advised by the Cabinet Secretary, who also acts as the head of the Indian Administrative Service. Other Ministers are either as Union Cabinet Ministers, who are heads of the various Ministries; Ministers of State, who are junior members who report directly to one of the Cabinet Ministers, often overseeing a specific aspect of government; or Junior Ministers of State (Independent Charges), which do not report to a Cabinet Minister. As per article 88 of the constitution, every Minister shall have the right to speak in, and to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not be entitled to a vote in the house where he is not a member.

Civil service

The Civil Services of India is the civil service and the permanent bureaucracy of the Republic of India. The executive decisions are implemented by the Indian civil servants.

In the parliamentary democracy of India, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people on the basis of universal adult suffrage. The ministers are indirectly responsible to the people themselves. But the handful of ministers are not expected to deal personally with the various problems of modern administration. Thus the ministers lay down the policy and it is for the civil servants to enforce it.

Cabinet Secretariat

The Cabinet Secretariat of India

The Cabinet Secretariat is the staff agency of the Cabinet .It is operated under the leadership of the Prime Minister of India. The administration of the Cabinet Secretariat is carried out by the Cabinet Secretary of India who is the senior most civil servant in India.

The Cabinet Secretariat is responsible for the administration of the Government of India by facilitating smooth transaction of business in Ministries of the Government .The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial co-ordination, ironing out differences among Ministries and evolving consensus through the instrumentality of the standing or ad-hoc Committees of Secretaries. Management of major crisis situations in the country is also one of the functions of the Cabinet Secretariat

The Cabinet Secretariat ensures that the President of India, the Vice-President and ministers are kept informed of the major activities of all Departments by means of a monthly summary report of their activities. [19].

Judicial branch

The Supreme Court of India

India's independent union judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of a Chief Justice and 30 associate justices, all appointed by the President on the advice of the Chief Justice of India. The jury trials were abolished in India in the early 1960s, after the famous case KM Nanavati v State of Maharashtra, for reasons of being vulnerable to media and public pressure, as well as to being misled.

Unlike its United States counterpart, the Indian justice system consists of a unitary system at both state and federal level. The judiciary consists of the Supreme Court of India, High Courts of India at the state level, and District Courts and Sessions Courts at the district level.

Supreme Court

The Supreme Court of India is situated in New Delhi, the capital region of India. The Supreme Court of India has the power original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more states, or between the Government of India and any state or states on one side and one or more states on the other, or between two or more states, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends on.

In addition, Article 32 of the Indian Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcing fundamental rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court, or from a court subordinate to another State High Court and the Supreme Court.Although the proceedings in the Supreme Court arise out of the judgment or orders made by the subordinate courts, of late the Supreme Court has started entertaining matters in which interest of the public at large is involved.This may be done by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court, or by addressing a letter to Hon'ble The Chief Justice of India highlighting the question of public importance for redress. These are known as Public Interest Litigation.[20]

Elections and voting

India has a federal government, with elected officials at the federal (national), state and local levels. On a national level, the head of government, the Prime Minister, is appointed by the President of India amongst the party which won the majority seats in Lok Sabha. All members of the federal legislature, the Parliament, are directly elected. Elections in India take place every five years by universal adult suffrage through first-past-the-post voting system .

State and local governments

State governments in India are the governments ruling States of India and the chief minister heads the state government. Power is divided between union government and state governments. State government's legislature is bicameral in 7 states and unicameral in the rest. Lower house is elected with 5 years term, while in upper house 1/3 of the total members in the house gets elected every 2 years with 6-year term.

Local government function at the basic level. It is the third level of government apart from union and state governments. It consists of panchayats in rural areas and municipalities in urban areas. They are elected directly or indirectly by the people.

Finance

See Reserve Bank of India

Taxation

India's central bank (Reserve Bank of India)'s headquarters at Mumbai, India's financial capital

India has a three-tier tax structure, wherein the constitution empowers the union government to levy income tax, tax on capital transactions (wealth tax, inheritance tax), sales tax, service tax, customs and excise duties and the state governments to levy sales tax on intrastate sale of goods, tax on entertainment and professions, excise duties on manufacture of alcohol, stamp duties on transfer of property and collect land revenue (levy on land owned). The local governments are empowered by the state government to levy property tax and charge users for public utilities like water supply, sewage etc.[21] More than half of the revenues of the union and state governments come from taxes, of which 3/4 come from direct taxes. More than a quarter of the union government's tax revenues is shared with the state governments.[22]

The tax reforms, initiated in 1991, have sought to rationalise the tax structure and increase compliance by taking steps in the following directions:

The non-tax revenues of the central government come from fiscal services, interest receipts, public sector dividends, etc., while the non-tax revenues of the States are grants from the central government, interest receipts, dividends and income from general, economic and social services.[24]

Inter-state share in the federal tax pool is decided by the recommendations of the Finance Commission to the President.

Total tax receipts of Centre and State amount to approximately 18% of national GDP. This compares to a figure of 37–45% in the OECD.

General budget

The Finance minister of India usually presents the annual union budget in the Parliament on the last working day of February. However, for the F.Y. 2017-18, this tradition had been changed. Now budget will be presented on the 1st day of February. The budget has to be passed by the Lok Sabha before it can come into effect on 1 April, the start of India's fiscal year. The Union budget is preceded by an economic survey which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial year[25]

India's non-development revenue expenditure had increased nearly five-fold in 2003–04 since 1990–91 and more than tenfold since 1985–1986. Interest payments are the single largest item of expenditure and accounted for more than 40% of the total non-development expenditure in the 2003–04 budget. Defense expenditure increased fourfold during the same period and has been increasing because of India's desire to project its military prowess beyond South Asia. In 2007, India's defence spending stood at US$26.5 billion.

Issues

Corruption

Several ministers are accused of corruption and nearly a quarter of the 543 elected members of parliament had been charged with crimes, including murder, in 2009.[26] Many of the biggest scandals since 2010 have involved high level government officials, including Cabinet Ministers and Chief Ministers, such as the 2G spectrum scam (₹1.7 lakh crore(US$26 billion)), the 2010 Commonwealth Games scam (₹70,000 crore (US$11 billion)), the Adarsh Housing Society scam, the Coal Mining Scam (₹1.86 lakh crore(US$29 billion)), the Mining Scandal in Karnataka and the Cash for Vote scam.

See also

References

  1. ↑ Subramanian, K. "A prime ministerial form of government". The Hindu. Retrieved 2017-05-19.
  2. ↑ "Government of India, Structure of Government of India". www.elections.in. Retrieved 2017-05-19.
  3. ↑ "Constitution of India's definition of India". Indiagovt.in.
  4. ↑ "Legal services India on Criminal laws in India". www.legalservicesindia.com.
  5. ↑ "STRUCTURE OF INDIAN LEGAL SYSTEM:-ORIGNAL ORIGN AND DEVELOPMENT ---(Dheeraj kumar tiwari BB.A.LL.B. (1st year) Siddhartha law college, Dehradun, Uttarakhand)". International Journal of Law and Legal Jurisprudence Studies. Retrieved 2017-05-19.
  6. ↑ Buckley, A. M. (2011-08-01). India. ABDO. ISBN 9781617876257.
  7. ↑ Cultural Perspectives on Youth Justice: Connecting Theory, Policy and International Practise. p. 186. ISBN 1137433973. Retrieved 10 May 2017.
  8. ↑ "Parliament's actions subject to judicial review: court". The Hindu. Retrieved 2017-07-19.
  9. ↑ "Indian Constitution And Parliamentary Government | Law Teacher". Retrieved 2017-07-20.
  10. ↑ Laxmikanth. Governance In India. Tata McGraw-Hill Education. ISBN 9780071074667.
  11. ↑ "OUR PARLIAMENT". webcache.googleusercontent.com. Retrieved 2017-07-20.
  12. ↑ Arnull, Elaine; Fox, Darrell (2016-06-29). Cultural Perspectives on Youth Justice: Connecting Theory, Policy and International Practice. Springer. ISBN 9781137433978.
  13. ↑ Pratiyogita Darpan (March 2007). Pratiyogita Darpan. Pratiyogita Darpan. p. 60. Retrieved 10 May 2012.
  14. ↑ Bakshi; P M (2010). Constitution Of India, 10/e. Universal Law Publishing Company Limited. pp. 48–. ISBN 978-81-7534-840-0. Retrieved 10 May 2012.
  15. ↑ Oldenburg, Philip (31 August 2010). India, Pakistan, and Democracy: Solving the Puzzle of Divergent Paths. Taylor & Francis. p. 71. ISBN 978-0-415-78018-6. Retrieved 3 May 2012.
  16. ↑ Kumar; Rajesh. Universal's Guide to the Constitution of India Pg no. 72.
  17. ↑ "Important India functions of vicepresident".
  18. ↑ Cabinet Ministers (as on 26.05.2014). Cabsec.nic.in. Retrieved on 6 December 2013. Archived 27 May 2014 at the Wayback Machine.
  19. ↑ M.Laxmikanth. Governance in India. McGraw-Hill Education. ISBN 9789339204785.
  20. ↑ "PIL". LegalServicesIndia. Retrieved 10 May 2017.
  21. 1 2 Bernardi, Luigi; Fraschini, Angela (2005). "Tax System And Tax Reforms In India". Working paper n. 51.
  22. ↑ Tax revenue was 88% of total union government revenue in 1950–51 and has come down to 73% in 2003–04, as a result of increase in non-tax revenue. Tax revenues were 70% of total state government revenues in 2002 to 2003. Indirect taxes were 84% of the union governments total tax revenue and have come down to 62% in 2003–04, mostly because of cuts in import duties and rationalisation. The states share in union government's tax revenue is 28.0% for the period 2000 to 2005 as per the recommendations of the eleventh finance commission. In addition, states that do not levy sales tax on sugar, textiles and tobacco, are entitled to 1.5% of the proceeds.Datt, Ruddar; Sundharam, K.P.M. (2005). Indian Economy. S.Chand. pp. 938, 942, 946. ISBN 81-219-0298-3.
  23. ↑ "Indif_real_GDP_per_capitaa says 21 of 29 states to launch new tax". Daily Times. 25 March 2005. Archived from the original on 16 January 2009.
  24. ↑ Datt, Ruddar; Sundharam, K.P.M. "55". Indian Economy. pp. 943–945.
  25. ↑ "Union Budget 2017-18". www.ibef.org. Retrieved 2017-07-21.
  26. ↑ Washington Post:When the Little Ones Run the Show (quote from the New Delhi based Association for Democratic Reform) retrieved 14 May 2009

Further reading

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