The government of India (GoI) or the Union Government is established by the Indian constitution. The government of India governs all the 29 stated and 7 union territories (as of today) together they come as the Republic of India. Each state is headed by the governor and the Chief Minister who further heads the council of ministers.
In India, we have a federal structure where the central and the state governments are independent in their operations. But, for the situations where there are emergencies and an undivided decision is required, the central government takes the charge for the national interest.
The Basic Structure
As drafted by the constitution, The Republic of India stands on the 3 main pillars. Each department is given their own powers and is assigned the respective roles and responsibilities for their correct functioning. Following are the three pillars of democracy-
|1||Executive Section||President, Vice President and the Cabinet members|
|2||Legislature Section||Parliament, Lok Sabha and Rajya Sabha|
|3||Judiciary Section||Supreme court, High court, District courts and Session courts|
Let’s have a look at the roles and responsibilities of each branch:
This segment of the GoI includes the President, the Vice President and the Cabinet ministers. They are known as the temporary executives because they are elected every 5 years.
The executives are responsible to implement the policies framed by the legislature. This branch is the one and only responsible for the daily administration. Civil servants and other staffs members working under the government of India are called the Permanent Executives. They are given the task of policy implementation as per their department. Every department has a head (minister) under whose guidance his ministry works.
This branch is also known as the Parliament. Comprising of the two main houses- the Lok Sabha (house of people) and the Rajya Sabha (Council of states), it forms the main component of the legislative branch.
The parliament, headed by the President of India, is responsible for making laws and policies which apply to the entire country. Each and every bill recommended by the executive has to be initiated, discussed, reviewed, modified and voted upon in the legislature. So eventually, it is the legislature that chooses which bills should be passed. The Executive can avoid the legislature through Ordinance but within six months only and it has to be sanctioned by the legislature.
The legislative branch has got some control on the executive branch but doesn’t enjoy the complete sovereignty as all the laws are subject to an official review by the judiciary (Supreme Court of India).
This is our Supreme Court. The supreme court of India (New Delhi) is the ultimate judicial authority of the country. The judiciary is meant to disseminate and maintain the national law and order. Only this body can deliver the judgments. Supreme Court is at the wheel of the judiciary and all other courts come below the Supreme Court. The Judiciary is autonomous and independent of the executive and the legislature. Judiciary has the authority to examine any law passed by the Parliament and can declare a law null and void if it goes against the constitution.
Relationship between the three Pillars:
The founders of our Constitution were alert to the dangers that unbeaten governance may face when one branch of government exerted too much power. They, therefore, worked out methods by which all arms are able to function independently, yet ascertaining a balance between each other so as to control national governance in a successful manner, thus, keeping Executive, Legislature, and Judiciary within the limits of their legitimate functions.
When the Executive claims itself in a way that it accords to itself increasing power and an unusually high level of charge over state functions, the Judiciary has a right to wield its constitutionally-authorized role and exert force by providing supervision in order to maintain the balance among co-equals.
The democratic answerability is the manner through which the constitution provides all public authority with legitimacy. While the legislature is directly chosen by the people, the executive is made politically responsible to the legislature.
The executive is made legally responsible to the citizens by allowing the people to challenge executive decisions in court using the facility of judicial evaluation. Judicial power is the power to illuminate the constitution and laws and apply them and to settle controversies arising between state or private parties.
Judicial power also comprises the command to take corrective action whenever other branches of the government are unsuccessful in their duty to respect the rights of the citizens and protect them.
The judicial decision of whether the other branches of government are, or are not, working in favour of society cannot be said to be equivalent to “lawmaking”, but is properly carrying out of judicial discretion where standards set up by the constitution are not met.