Government of India: Difference between revisions

{{Short description|Legislative, executive and judiciary powers of India}}

 

{{Use dmy dates|date=July 2020}}

|title = Government of India<br />{{small|{{transl|hi|ISO|Bhārat Sarkār}}}}

|headerstyle = vertical-align:middle;background-color:#efefef;

|image1 = [[File:Emblem of India.svg|100px]]

|image2=[[File:Flag of India.svg|150px|border]]

|caption1= [[Emblem of India]]

|caption2=[[Flag of India]]

|label1 = Formation

|data1 = {{Start date and age|df=yes|1950|1|26}}

|label2 = Country

|data2 = [[Republic of India]]

|label3 = Website

|data3 = {{URL|india.gov.in}}

|label7 = Seat

|data7 = [[Rashtrapati Bhavan]] (Official Residence of the [[President of India]])

|header8 = [[Legislature]]

|label9 = [[Legislature]]

|data9 = [[Parliament of India|Parliament]]

|label10 = [[Upper house]]

|data10 = [[Rajya Sabha]]

|label11 = Leader

|data11 = [[Chairman of Rajya Sabha|Chairman]] ([[Venkaiah Naidu]])

|label12 = [[Lower house]]

|data12 = [[Lok Sabha]]

|label13 = Leader

|data13 = [[Speaker of Lok Sabha|Speaker]] ([[Om Birla]])

|label14 = Meeting place

|data14 = [[Sansad Bhavan]]

|header15 = [[Executive (government)|Executive]]

|label16 = [[Head of state]]

|data16 = [[President of India|President]] [[Ramnath Kovind]]

|label17 = [[Head of government]]

|data17 = [[Prime Minister of India|Prime Minister]] [[Narendra Modi]]

|label18= Main organ

|data18= [[Union Council of Ministers of India|Cabinet]]

|label19 = Head of civil services

|data19 = [[Cabinet Secretary of India|Cabinet secretary]] ([[Rajiv Gauba]], [[Indian Administrative Service|IAS]])

|label20 = Meeting place

|data20= [[Secretariat Building, New Delhi|Central secretariat]]

|label21= [[Ministry (government department)|Ministries]]

|data21 = [[Union Government ministries of India|57]]

|label22 = Responsible to

|data22= [[Lok Sabha]]

|header23 = [[Judiciary]]

|label24= [[Supreme court|Court]]

|data24= [[Supreme Court of India]]

|label25= [[Chief Justice of India|Chief Justice]]

|data25= [[N. V. Ramana]]

}}{{Politics of India}}

The '''Government of India''' ([[ISO 15919|ISO]]: {{transl|hi|ISO|Bhārat Sarkār}}) (often abbreviated as '''GoI'''), also known as the '''Central''' or '''Union Government''' or simply the '''Centre''', is the [[federal republic|Union]] government created by the [[Constitution of India]] as the [[Parliament of India|legislative]], executive and [[Judiciary of India|judicial]] authority to govern the union of twenty eight [[States and union territories of India|states]] and eight [[Union territory|union territories]]. The seat of the government is located in [[New Delhi]], [[Delhi]].

The government Of India (GOI) also known as the Union of India (According to Article 300 of Indian Constitution) <ref>{{Cite news|url=https://indiankanoon.org/doc/1415462/|title=Article 300 in The Constitution Of India 1949}}</ref> is modelled after the [[Westminster system]] for governing the state,<ref>{{Cite news|url=http://www.thehindu.com/opinion/op-ed/a-prime-ministerial-form-of-government/article6120400.ece|title=A prime ministerial form of government|last=Subramanian|first=K.|date=17 June 2014|work=[[The Hindu]]|access-date=9 March 2018|issn=0971-751X|oclc=13119119}}</ref> the Union government is mainly composed of the [[Executive (government)|executive]], the [[legislature]], and the [[judiciary]], in which all powers are vested by the [[Constitution of India|constitution]] in the [[Prime Minister of India|prime minister]], [[Parliament of India|parliament]] and the [[Supreme Court of India|supreme court]]. The [[president of India]] is the [[head of state]] and the [[commander-in-chief]] of the [[Indian Armed Forces]] whilst the [[Elections in India|elected]] [[Prime Minister of India|prime minister]] acts as the head of the executive, and is responsible for running the Union government.<ref>{{Cite web|url=http://www.elections.in/government/|title=Government of India, Structure of Government India|website=elections.com |date=8 January 2018}}</ref> The parliament is [[bicameral]] in nature, with the [[Lok Sabha]] being the [[lower house]], and the [[Rajya Sabha]] the [[upper house]]. The judiciary systematically contains an apex [[Supreme Court of India|supreme court]], 25 [[High Courts of India|high courts]], and several [[District Courts of India|district courts]], all inferior to the supreme court.<ref>{{Cite web|url=https://india.gov.in/my-government/constitution-india|title=Constitution of India's definition of India|website=Indiagovt.in|archive-url=https://web.archive.org/web/20191111125035/https://www.india.gov.in/my-government/constitution-india|archive-date=11 November 2019|url-status=dead}}</ref>

The basic [[Civil law (common law)|civil]] and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the [[Code of Civil Procedure (India)|civil procedure code]], the [[Indian Penal Code|penal code]], and the [[Code of Criminal Procedure (India)|criminal procedure code]].<ref>{{Cite web|url=http://www.legalserviceindia.com/Criminallaws/criminal_law.htm|title=Legal services India on Criminal laws in India|publisher=Legal Services India|access-date=11 April 2018}}</ref> Similar to the Union government, individual State governments each consist of executive, legislative and judiciary. The legal system as applicable to the Union and individual State governments is based on the [[Common Law|English Common]] and [[Statutory Law]].<ref>{{Cite news|url=http://ijlljs.in/structure-of-indian-legal-system-orignal-orign-and-development-dheeraj-kumar-tiwari-bb-a-ll-b-1st-year-siddhartha-law-collegedehradun-uttarakhand/ |title=Structure of Indian Legal System: {{sic|Orignal Orign|nolink=y}} and Development |author=Dheeraj Kumar Tiwari |work=International Journal of Law and Legal Jurisprudence Studies|access-date=19 May 2017}}</ref> The full name of the country is the ''Republic of India''. [[Names for India|India and Bharat are equally official short names for the Republic of India in the Constitution]],<ref>{{Cite book|title=India|last=A. M.|first=Buckley|publisher=ABDO Publishing Company|year=2012|isbn=978-1-61787-625-7|location=[[Edina, Minnesota]]|oclc=767886738}}</ref> and both names appears on legal banknotes, in treaties and in legal cases. The terms "Union government", "Central government" and "{{transl|hi|ISO|Bhārat Sarkār}}" are often used officially and unofficially to refer to the Government of India.{{Citation needed|date=July 2017}} The term ''New Delhi'' is commonly used as a [[metonym]] for the Union government,{{Citation needed|date=July 2017}} as the seat of the government is in [[New Delhi]].

The parliament does not have complete control and [[Parliamentary sovereignty|sovereignty]], as its laws are subject to [[judicial review]] by the [[Supreme Court of India|Supreme Court]].<ref>{{Cite news|url=http://www.thehindu.com/todays-paper/tp-national/Parliaments-actions-subject-to-judicial-review-court/article14704694.ece|title=Parliament's actions subject to judicial review: court|work=The Hindu|access-date=19 July 2017}}</ref> However, it does exercise some control over the [[Executive (government)|executive]]. The members of the [[Union Council of Ministers|Council of Ministers]], including [[Prime Minister of India|the prime minister]], are either chosen from parliament or elected thereto within six months of assuming office.<ref>{{Cite news|url=https://www.lawteacher.net/free-law-essays/administrative-law/indian-constitution-and-parliamentary-government-administrative-law-essay.php|title=Indian Constitution And Parliamentary Government {{!}} Law Teacher|access-date=20 July 2017}}</ref> The council as a whole is [[Responsible government|responsible]] to the Lok Sabha.<ref>{{Cite book|url=https://books.google.com/books?id=DY1CAQAAQBAJ&q=parliament+control+executive&pg=SA5-PA9|title=Governance in India|last=Laxmikanth|publisher=Tata McGraw-Hill Education|isbn=978-0-07-107466-7|language=en}}</ref> The Lok Sabha is a temporary house and can be dissolved only when the party in power loses the support of the majority of the house. The Rajya Sabha is a permanent house and can never be dissolved. The members of the Rajya Sabha are elected for a six-year term.<ref>{{Cite web |url=http://webcache.googleusercontent.com/search?q=cache:http://www.parliamentofindia.nic.in/ls/intro/p1.htm&gws_rd=cr&ei=jzlwWeOqLYGq0AT4zbmwAg|title=Our Parliament|website=webcache.googleusercontent.com|access-date=20 July 2017}}</ref>

The executive power is vested mainly in the [[President of India]], as per Article 53(1) of the constitution. The president has all [[Constitution of India|constitutional]] powers and exercises them directly or through subordinate officers 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 (Constitution of India)|Article 74 of the Constitution]].

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 of India]] can grant a pardon to or reduce the sentence of a convicted person once, 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.<ref name="Kumar">Kumar; Rajesh. [https://books.google.com/books?id=an78gq3JwzYC&pg=PA72 Universal's Guide to the Constitution of India] Pg no. 72.</ref> Presently, the President of India is [[Ram Nath Kovind]].

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 of India|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]].<ref>{{Cite web|url=https://www.importantindia.com/2059/functions-of-the-vice-president-of-india/|title=Important India functions of vicepresident|access-date=10 May 2017|archive-date=20 September 2017|archive-url=https://web.archive.org/web/20170920074801/http://www.importantindia.com/2059/functions-of-the-vice-president-of-india/|url-status=dead}}</ref> The vice president is elected indirectly by members of an electoral college consisting of the members of both the houses of the 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 the [[Election Commission of India|election commission]].

The prime minister is the senior member of cabinet in the executive 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.

In the [[Parliamentary system|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 suffrage|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.

The cabinet secretary ([[International Alphabet of Sanskrit Transliteration|IAST]]: {{IAST|Maṃtrimaṇḍala Saciva}}) is the top-most executive official and [[Civil Services of India|senior-most civil servant]] of the Government of India. The cabinet secretary is the ''[[ex-officio]]'' head of the Civil Services Board, the [[Cabinet Secretariat of India|Cabinet Secretariat]], the [[Indian Administrative Service]] (IAS) and head of all civil services under the rules of business of the government.

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 the [[Chief Justice of India|chief justice]] and 33 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|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 union level. The judiciary consists of the [[Supreme Court of India]], [[High Courts of India|high courts]] at the state level, and [[District Courts of India|district courts]] and [[Sessions Court]]s at the [[List of districts in India|district]] level.

The Supreme Court is the highest judicial forum and final court of appeal under the [[Constitution of India]], the highest constitutional court, with the power of [[constitutional review]]. Consisting of the [[Chief Justice of India]] and 33 sanctioned other judges, it has extensive powers in the form of [[Original jurisdiction|original]], [[Appellate jurisdiction|appellate]] and [[advisory jurisdictions]].<ref>{{cite web|url=http://data.worldjusticeproject.org/#|title=Rule of law index 2016|access-date=13 January 2018}}</ref>

In addition, Article 32 of the 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 [[writ]]s 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 the [[Chief Justice of India]], highlighting the question of public importance for redress. These are known as [[Public interest litigation in India|public interest litigations]].<ref>{{cite web|url=http://www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html|title=PIL|website=LegalServicesIndia|access-date=10 May 2017}}</ref>

India has a [[Federalism|quasi-federal]] form of government, called "union" or "central" government,<ref>{{cite web |url=http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf |title=Archived copy |access-date=16 July 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160416084719/http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf |archive-date=16 April 2016 }}</ref> with elected officials at the union, state and local levels. At the national level, the [[head of government]], the [[Prime Minister of India|prime minister]], is appointed by the [[president of India]] from the party or coalition that has the majority of seats in the [[Lok Sabha]]. The members of the Lok Sabha are directly elected for a term of five years by [[universal suffrage|universal adult suffrage]] through a [[first-past-the-post]] voting system. Members of the [[Rajya Sabha]], which represents the [[States of India|states]], are elected by the members of State legislative assemblies by [[proportional representation]], except for 12 members who are nominated by the president.

[[State government]]s in India are the governments ruling [[states of India]] and the [[Chief Minister (India)|chief minister]] heads the state government.<ref>{{cite journal |last1=Prasad |first1=R. C. |title=Local Government and Development in India |journal=International Political Science Review |year=1980 |volume=1 |issue=2 |pages=265–279 |doi=10.1177/019251218000100210 |jstor=1600996 |s2cid=145673733 |url=https://www.jstor.org/stable/1600996}}</ref> Power is [[Federalism in India|divided]] between union government and state governments.<ref>{{cite journal |last1=Jagannadham |first1=V. |title=Division of Powers in the Indian Constitution |journal=The Indian Journal of Political Science |year=1947 |volume=8 |issue=3 |pages=742–751 |jstor=42743171 |url=https://www.jstor.org/stable/42743171}}</ref> State government's legislature is [[bicameral]] in [[List of states of India by type of legislature|5 states]] and [[unicameral]] in the rest.<ref>{{cite journal |last1=de Miñón |first1=Miguel Herrero |title=The Passing of Bicameralism |journal=The American Journal of Comparative Law |year=1975 |volume=23 |issue=2 |pages=236–254 |doi=10.2307/839106 |jstor=839106 |url=https://www.jstor.org/stable/839106}}</ref> 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.

India has a three-tier tax structure, wherein the [[Constitution of India|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 [[States and territories of India|state governments]] to levy sales tax on intrastate sale of goods, tax on [[entertainment tax|entertainment]] and [[profession]]s, excise duties on manufacture of [[alcoholic beverage|alcohol]], [[stamp duty|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.<ref name="angela">{{cite journal |author1=Bernardi, Luigi |author2=Fraschini, Angela | title=Tax System And Tax Reforms in India | year=2005 |version=Working paper n. 51 | url=https://ideas.repec.org/p/uca/ucapdv/45.html}}</ref> 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.<ref name="sharing">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.{{cite book|author1=Datt, Ruddar |author2=Sundharam, K.P.M.|title=Indian Economy|publisher=S.Chand|year=2005|isbn=81-219-0298-3|pages=938, 942, 946}}</ref>

*Reducing the rates of individual and corporate income taxes, excises, customs and making it more progressive

The Finance minister of India usually presents the annual [[Union budget of India|union budget]] in the [[Parliament of India|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 of India|economic survey]] which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial year<ref>{{Cite web|url=https://www.ibef.org/economy/union-budget-2017-18|title=Union Budget 2017–18|website=ibef.org|access-date=21 July 2017}}</ref>

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. Defence expenditure increased fourfold during the same period and has been increasing to defend from a difficult neighborhood and external terror threats. In 2020-21, India's defence budget stood at ₹4,71,378 crores (US$65.86 Billion).

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.<ref>[https://www.washingtonpost.com/wp-dyn/content/article/2009/05/13/AR2009051303758.html Washington Post:When the Little Ones Run the Show (quote from the New Delhi based Association for Democratic Reform)] retrieved 14 May 2009</ref> Many of the biggest scandals since 2010 have involved high level government officials, including cabinet ministers and chief ministers, such as the [[Concerns and controversies over the 2010 Commonwealth Games|2010 Commonwealth Games scam]] ({{INRConvert|70000|c|lk=on|year=2010}}), the [[Adarsh Housing Society scam]], the [[Coal Mining Scam]] ({{INRConvert|1.86|lc|lk=on|year=2010}}), the [[Mining scams in India#Illegal iron ore mining in Karnataka|mining scandal in Karnataka]] and the [[Cash-for-votes scandal|cash for vote scandal]].