Government Of India
Government of India
Structure of Government of India
The Government of India is formed by Constitution of India and have mainly three sections respectively ;the executive, legislature and the judiciary.
There is separation of powers between Legislature, Executive and Judiciary.The Union of India is formed of union of 28 states and 7 union territories,in which all powers are vested by Government of India or Central Government.
The head of the executive branch of the government is the President of India.who is the Head of State and exercises his authority through his Cabinet which consists of group of ministers headed by Prime Minister, who is the real head of the government for all practical purposes.
Responsibilities of Executive Branch
The laws for conducting the affairs of the government are formed in the Legislature. The executive has the responsibility of executing these laws and taking care of the day to day administration.
These are executed through a number of departments catering to the different business of the government such as Police Department, Income Tax Department, Post and Telegraph Department and so on. Every department has a political head in the form of Minister who guides his ministry and a bureaucratic head or Secretary, who is the custodian of the continuity of the functioning of the department.
The main work of Legislature is entrusted with the duty of making policies for the country.The Parliament which represents the elected representatives of the people is the seat for making such policies. Parliament of India consists of two houses, the Lok Sabha ("House of the People")or the lower house, and the Rajya Sabha ("Council of States") which is the upper house. Members to the Lok Sabha are directly elected and has 552-members. The Rajya Sabha consists of 250-members who are indirectly elected and nominated.
All the members of the Council of Ministers as well as the Prime Minister are members of Parliament. If they are not, they must be elected within a period of six months from the time they assume their respective office. The Prime Minister and the Council of Ministers are responsible to the Lok Sabha collectively.
The executive headed by the Prime Minister and the Council of Ministers have a collective responsibility towards the Legislature. In the event of the policy decision or its failure, an individual ministry cannot be held responsible alone. Instead it is considered the policy failure of the entire government.
Similarly, a vote of no confidence passed by the legislature brings down the whole government even if the lapse of policy is discovered in any one individual ministry. In short, collective responsibility means that the members of the executive sail or drown collectively.
The judicial branch systematically contains an apex Supreme Court followed by 24 High Courts in the States, and Lower courts at the district level which are first level for seeking justice in civil or criminal cases.
The Constitution of India is the highest legal document from which all other laws are derived or interpreted. Aiding that, there are different Codes for guiding Civil and Criminal Procedures in the country. These are Civil Procedure Code, the Indian Penal Code, and the Criminal Procedure Code. India is also signatory of and so accepts the rules and regulations of International Court of Justice.
All the state have their own set up of legislature, executive and judiciary. By the Constitutional 73rd and 74th Amendment Acts, a third level of local self government or the Panchayati Raj has been set up.
Responsibilities of Judicial Branch
Judicial system in India is based on the British legacy and their laws of jurisprudence. In fact, a number of laws made during the colonial period and procedure established at that time are prevalent till day.
Civil Procedure Code, the Indian Penal Code, and the Criminal Procedure Code were written during the British time and the legal system today is guided by these codes. However, there have been a number of new laws made and old laws modified to suit the modern day demand of the society.
Indian judiciary is a unified system under which The Supreme Court of India is at the apex and the High Courts in the states come second in the hierarchy with a number of district courts. The judgment of the lower courts could be over-ruled by the High Courts and the order of the High Courts could be surpassed by the Supreme Court. Supreme Court and High Courts, both have original as well as appellate jurisdiction.