Major Policy Decision: Office Memorandum (O.M.)

  • Date of Issuance: August 13, 1990
  • Issued by: Government of India, signed as an Office Memorandum (O.M. No. 36012/31/90-Est(SCT), dated 13.8.1990).
  • Content: It announced that 27% of vacancies in civil services under the Indian Government would be reserved for Socially and Educationally Backward Classes (SEBC), a new category.
  • Background: Before this, only Scheduled Castes (SCs) and Scheduled Tribes (STs) were given job reservations. This decision added SEBC, covering backward classes identified by the government.

Who Made the Decision?

  • Key Decision-makers:
    • The Minister of Personnel, Public Grievances, and Pensions had a crucial role.
    • The Prime Minister and Cabinet also played a significant role in policy decisions.
    • The Lok Sabha (lower house of Parliament) needed to support the decision, as the government is accountable to Parliament.
  • Political Power:
    • The Prime Minister exercises power but must have the support of the Lok Sabha.
    • President is the ceremonial head of state, while the Prime Minister and Cabinet take executive decisions.

Historical Context: Mandal Commission

  • Mandal Commission (1979-1980):
    • Led by B.P. Mandal, tasked to identify backward classes and recommend measures for their advancement.
    • The report recommended that 27% of government jobs should be reserved for SEBC.
    • This was debated for years, and in the 1989 Lok Sabha elections, Janata Dal promised to implement the recommendations. The party came to power with V.P. Singh as the Prime Minister.
    • This led to the controversial Mandal Commission’s implementation, which sparked debates and protests, known as Mandalisation of politics.

Executive System in India

  • Executive Branch:
    • The Executive is responsible for implementing government policies. It includes both political and non-political (permanent) members.
    • Political Executive: Elected representatives (e.g., Prime Minister, Cabinet Ministers) who make high-level decisions.
    • Permanent Executive (Civil Servants): Appointed for long-term service, including bureaucrats and civil servants who assist ministers in day-to-day administration.
  • Why Ministers Have More Power than Civil Servants:
    • Civil Servants are more knowledgeable in their field, but Ministers are elected by the people and are accountable to them.
    • Democracy gives supreme power to elected representatives (ministers), even though they might lack technical expertise in specific fields like defense or health.
    • Ministers rely on experts for advice but make the final decision because they represent the people’s will.

Extra Knowledge for Competitive Exams:

  • Executive vs. Legislature:
    • In a democracy, the Executive (Ministers, Civil Servants) implements laws passed by the Legislature (Parliament).
    • The Legislature makes laws, but the Executive carries them out.
    • The Judiciary ensures laws and executive actions comply with the Constitution.
  • Role of the Prime Minister:
    • The Prime Minister is the head of the political executive, and the Cabinet collectively decides on national policies.
    • The Prime Minister must have majority support in the Lok Sabha (House of the People) to continue in office.
  • Reservation Policy and Social Justice:
    • The reservation system aims to provide social and educational benefits to disadvantaged communities in India. It’s a tool for affirmative action.
    • The controversy surrounding the implementation of the Mandal Commission report highlights the challenges of balancing merit and social justice in a diverse society.

1. Role of the Prime Minister

  • Prime Minister (PM): The Prime Minister is the most important political figure in a country. However, there’s no direct election for the position of PM. The President appoints the Prime Minister.
  • Selection of the Prime Minister: The President appoints the leader of the majority party or coalition in the Lok Sabha (the lower house of Parliament). If no party has a clear majority, the President appoints the person most likely to secure a majority.
  • Tenure: There’s no fixed term for the Prime Minister. As long as the PM remains the leader of the majority party, they stay in power. If the PM resigns, the entire Cabinet resigns.

2. Council of Ministers

  • The Council of Ministers includes all ministers appointed by the President on the advice of the Prime Minister. There are three types of ministers:
    1. Cabinet Ministers: Senior leaders responsible for major ministries (e.g., Finance, Defence). They form the core group of decision-makers.
    2. Ministers of State with Independent Charge: Handle smaller ministries but may participate in Cabinet meetings if invited.
    3. Ministers of State: Assist Cabinet Ministers with their duties.
  • Cabinet Meetings: Cabinet ministers meet regularly to discuss important decisions. Even if ministers have different views, they all take collective responsibility for the decisions made.
  • Secretaries and Civil Servants: Secretaries are civil servants who provide background information to ministers for decision-making. The Cabinet Secretariat assists in coordinating the work of different ministries.

3. Powers of the Prime Minister

  • Wide Powers: The Prime Minister chairs Cabinet meetings, oversees the work of different departments, and makes final decisions in case of disagreements between departments.
  • Leadership: The Prime Minister can assign or redistribute work among ministers and has the power to dismiss ministers. When the Prime Minister resigns, the entire government resigns.
  • Prime Minister’s Increasing Power: In modern parliamentary democracies, the PM’s powers have increased, especially as political parties play a larger role in politics. The media often portrays elections as a competition between party leaders, concentrating more power in the hands of the PM.

4. President’s Role

  • Head of State: While the Prime Minister is the head of the government, the President is the ceremonial head of the state. The President has limited powers and acts mostly in a ceremonial capacity, like the Queen of Britain.
  • Election of the President: The President is not directly elected by the people; instead, elected Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) vote to elect the President.
  • Nominal Powers: All government decisions, laws, and appointments are made in the name of the President, but the powers of the President are largely symbolic.

5. Role of Judiciary in India

  • Judiciary: The Indian judiciary consists of the Supreme Court, High Courts, and lower courts. It is independent and powerful, with the Supreme Court having the authority to interpret the Constitution and check the validity of laws and government actions.
  • Independence of Judiciary: Judges are appointed by the President on the advice of the Prime Minister but are independent in their functioning. It is very difficult to remove a judge from office.
  • Judicial Review: The judiciary can review and declare laws or government actions unconstitutional if they violate the Constitution. This power is crucial in safeguarding Fundamental Rights and ensuring that laws are in line with the Constitution.

6. Public Interest Litigation (PIL)

  • PIL: Citizens can approach the courts to address issues that concern the public interest, even if they are not directly affected. This helps in checking government actions that harm public welfare.

7. Concept of Coalition Government

  • Coalition Government: A government formed when no single party has a clear majority in the legislature. Several smaller parties form an alliance to govern together.

8. Additional Notes for Competitive Exams

  • Cabinet System: India follows the Cabinet system of government, where decisions are made by the Cabinet, and the Prime Minister is the leader of this system. Understanding the Cabinet system is crucial for understanding the workings of India’s democracy.
  • Judicial Independence: The independence of the judiciary is a core principle of any democratic system. In India, the judiciary acts as a check on both the legislature and executive, ensuring the Constitution is upheld.
  • Separation of Powers: The roles of the executive (PM and President), legislature (Parliament), and judiciary (Courts) are distinct but work together to ensure the functioning of the government.

THESE ALL ARE THE NOTES OF CHAPTER 4 CIVICS. AND AFTER SOME TIME YOU GET IMPORTANT QUESTIONS HERE. *#THANKS FOR VISITING, VISIT AGAIN#* 😊