WORKING OF INSTITUTION Flashcards
Describe the office memorandum.
August 13, 1990, the Government of India issued an order. It was called the office memorandum. The office memorandum was a communication issued by the appropriate authority stating the policy or decision of the government..
- the joint secretary and officer in the department of personnel and training in the ministry of personnel, public grievances and pensions signed the order.
- the order announced a major policy decision. It said that 27% of the vacancies in civil post and services under the Government of India are reserved for socially and educationally backward classes. SEBC is another name for those people who belong to costs that are considered backward by the government.
- only people belonging to the backward classes are eligible for this quarter of 27% of jobs. Others could not compete for these jobs.
Who were the decision makers?
- president is the head of the state and is the highest form of authority in the country.
- Prime Minister is the head of the government and actually exercises all governmental powers. He takes the most decision in the cabinet meetings.
- the parliament consists of two houses. The Lok Sabha and that’s above his term the Prime Minister must have the support of the majority of Lok Sabha members.
Describe the mental Commission.
- the office memorandum was a crimination of long chain events. The Government of India appointed the second backward class Commission in 1979. It was headed by baby mandel hence it is called the member Commission.
- it was asked to determine the criteria to identify the socially and educationally backward classes in India and recommend steps should be taken further advancement.
- the Commission gave its report in 1980 and made many recommendations. One of those was that 27% of government jobs will be reserved for socially and educationally backward classes.
What were the developments that took place after 1989?
In the Lok Sabha election of 1989. In its election manifesto, janata dal promised that if voted to power it would implement the monthly Commission report. Janata dal did form the government after this election. Its leader VP Singh became the Prime Minister and several developments took place like the: -
- The president in the address to the parliament announced the intention of the government to implement the recommendations of the mandal Commission.
- On 6th August 1990, the union cabinet took a formal decision to implement the recommendations.
- Next day Prime Minister V.P Singh informed the parliament about this decision through a statement in both the House of the parliament.
- The decision of the cabinets were sent to the department of personnel and training. The cleaner officers of the department drafted an order in line with the cabinet decision and took the minister’s approval. and officers are into the order on the behalf of the union and government. this was how O.M No. 3602/3/90 verse born on 13th August 1990.
What were the opinions of different people regarding office memorandum?
- some felt that the existence of inequality among people of different castes in India necessitated job reservation. They felt that this would give a fair opportunity to those communities who so far had not adequately been represented in the government employment.
- are those feared that this was unfit as it would deny the equality of opportunity to the people who did not belong to the backward communities. This would deny jobs even for those who were more qualified.
- some felt that this would perpetuate caste feelings among people and hamper the national unity.
Explain the ‘ Indira sawhney and others VS union of India case.’
- the Supreme Court and the High Court in India settle disputes arising out of government decisions. Some people and associations or post and filled a number of cases in the court regarding the reservation of jobs for backward classes. They appealed to the court to declare the order in my lid and stop its implementation.
- the Supreme Court bunched all these cases together. This case was known as ‘ Indira sawhney and others VS union of India case.’
- 11 judges of the Supreme Court heard arguments of both sides. By a majority, the Supreme Court judges in 1992 declared that this order of the Government of India was valid.
- at the same time the Supreme Court asked the government to modify its original order. It said that well to do persons among the backward classes should be excluded from this benefit of reservation.
- accordingly, the department of personnel and training issued another office memorandum on 8 September 1993.
How does a government work?
- the government is responsible for ensuring security tools citizens and providing facilities for education and health to all.
- it collects taxes and spends the money thus raised on administration, defense and development programs.
- it formulates and implements several welfare schemes.
- if disputes arise on decisions taken or in the implementation, there should be someone to determine what is right and what is wrong.
So, to attend all these tasks, several arrangements are made in the modern democracies. Such arrangements are called institutions. The constitution of any country lays down basic rules on the powers and functions of each institution.
What are the institution at work?
- the Prime Minister and the cabinet are institutions that take all important policy decisions.
- the civil servants, working together, I responsible for taking steps to implement the ministers election.
- the Supreme Court is an institution where disputes between citizens and the government is finally settled.
Working with institution is not easy. why?
OR
why democratic governments insist on institutions?
- institutions involved rules and regulation. This can bind the hands of leaders. Institutions involved meetings committees and routines. This often leads to delays and complications. Therefore dealing with the institutions can be frustrating.
- one might feel that it is much easier to have one person to take on the decision without any rules, procedures and meetings. But it is not the spirit of democracy.
- some of the delays and complications introduced by institutions is very useful. They provide an opportunity for a wider set of people to be consulted in any decision.
- institutions make it difficult to have a good decision taken, very quickly. But they also make it equally difficult to rush through a bad decision to stop This is why democratic governments insist on institutions.
Define parliament.
An assembly of elected representatives exercises supreme political authority on the behalf of the people. In India such a National Assembly of elected representatives is called a parliament.
- at the state level, this is called the legislative assembly.
Role of the parliament.
- parliament is the final authority for making laws in any country. The task of making laws or legislation is so crucial that these assemblies are called legislatures. Parliaments all over the world can make laws, change existing laws and make new ones in their place.
- parliaments all over the world exercise some control over those who run the government. In some countries like India this control is direct and full. Those who run the government can take decisions only so long as they enjoy support of the parliament.
- parliament controlled the money that government have. In most countries, the public money can be spent only when the parliament sanction it.
- parliament is the highest form of discussion and debate on public matters and national policy in any country. Parliament can seek information about any matter.
Define house or chambers.
Most large countries divide the role and powers of parliament into two parts. They are called chambers or houses.
- one house is directly elected by the people and exercises the real power on the behalf of the people.
- the second house is usually elected indirectly and performs special functions. The most common work for the second house is to look after the interests of the various states regions or federal units.
Why are all the laws made in the houses come into force only after they received the assent of the president?
All the laws that are made in the houses come into force only after they received the assent of the president because the president of India is a part of the parliament although she is not a member of either house.
Why is the Lok Sabha considered to be more powerful than the Rajya Sabha?
Our constitution does give the Rajya Sabha some special powers over the states. But on most matters, the Lok Sabha exercises supreme powers.
- any ordinary law needs to be passed by both the house is. But if there’s a difference between the two houses the final decision is taken in a joint session in which members of both the houses sit together. Because of the larger number off members in the Lok Sabha, the view of the Lok Sabha is likely to prevail in such a meeting.
- Lok Sabha exists more powers in money matters. once the Lok Sabha passes the budget of the government or any other money related law, the judge Saba cannot reject it. There are several can only delay it by 14 days or suggest changes in it. The Lok Sabha may or may not accept these changes.
- most importantly, the Lok Sabha control the Council of Ministers. Only a person who enjoys the support of the majority of the members in the Lok Sabha is appointed as the Prime Minister. If the majority of the Lok Sabha members say that they have ‘ no confidence’ in the Council of Ministers, oil ministers including the Prime Minister have to quit. The Rajya Sabha does not have this power.
Define executive.
At different levels of any government it be fine functionaries who take day-to-day decisions but do not exercise supreme power of the behalf of the people. All those functionaries are collectively known as the executive. They are called executive because they are in charge of the execution of the policies of the government.
