Go through these RBSE Class 11 Political Science Notes Chapter 11 Organs of the Government contain important concepts so that students can score better marks in the exam.
Rajasthan Board RBSE Class 11 Political Science Notes Chapter 11 Organs of the Government
→ A state has four essential elements: (i) Population, (ii) A definite land part, (iii) Sovereignty and (iv) A government.
→ The government is such an organisation through which the state expresses its will, issues its orders and executes its functions.
→ Generally, the functions of a government can be divided into three parts – Law making, compliance of the law and to punish those who violate the law of the state.
→ On the basis of their functions, these three organs of a government are recognized: (i) Legislature, (ii) Executive and (iii) Judiciary.
- This is the most important organ of government. Its chief function is law making. It is generally known by the name of Parliament (Sansad).
- In modern democratic system, the British parliament is the first democratic parliament of the world. So, the British Parliament is called the Mother of all Parliaments.
- In India, the parliament is called SANSAD, in U.S.A. it is called CONGRESS, in Japan it is called DIET and in Britain it is called PARLIAMENT.
Functions of the legislature:
- Functions connected with executive
- Economic functions
- Judicial functions
- Functions related to constitutional amendment
- Control on foreign policy
- Miscellaneous functions.
Organisation of Legislature
From the organisational viewpoint, Legislature can be divided into two parts: (i) Unicameral and (ii) Bicameral
- In unicameral legislature, there is only one house. It is called the first house, lower house or the house of the representatives. In India, it is called LOK SABHA, in England House of Commons and in USA it is called the House of representatives.
- In Bicameral legislature, there are two houses. The second house is called, the upper house. In India, it is called Rajya Sabha, in England it is called the House of Lords and in USA it is called the SENATE.
Good points in favour of bicameral legislature:
- It checks the autocratic tendency of the lower house
- It is according to the tradition of democracy
- Co-operation with the first house
- In accordance with the federal system of government
- Helpful in forming public opinion
- The second house has experienced and wise persons
- Means of thoughtful discretion
- Members possess historical experiences.
In connection with the need of the second house, the scholars have different opinions. They have reasons for and against the need of the second house in the legislature.
Disadvantages of having a second house in the legislature:
- Delaying body
- Difficulties in its composition
- Wastage of money
- Possibility of confrontation between the two houses
- Unnecessary for federal type of government.
Downfall of legislature: At present time, it is said that legislature is suffering downfall. It means that, objectively speaking, there has been increase in power of the legislature, but as compared to powers of the executive, legislature finds itself weaker. Following may be the reasons of its downfall:
- Increasing influence of the executive
- Vested legislative power in the executive
- Party discipline
- Role of judiciary
- Development of means of communication.
- It is the second most important organ of the government. Under modern system of administration, the role of the executive has become so important that the executive is considered synonymous to government.
- Executive is that part of the government which is responsible for the compliance of the laws made by the legislature.
- Generally speaking, the executive contains in itself the President (Rashtrapati), the Prime Minister, his council of ministers and the group of a administrative officers (Bureaucracy).
- In its narrow sense, the executive includes the heads of the state and government, and the council of ministers. Its real component is its political executive,which frames the policies of the government.
Kinds of the Executive:
- Nominal executive
- Real executive
- Parliamentary executive
- Presidential executive
- Single executive and Collective executive
- Sovereign executive.
Functions of the executive:
- Functions related to internal administration
- Political functions
- Legislative functions
- Economic functions
- Military functions
- Judicial functions
- Other functions.
Increase in functions and powers of the executive: In the present political scenario, the executive is the most important organ and there is a continuous increase in its powers. The following are the causes of its increasing functions and increasing power
- Increase of the workload of the state
- Vested legislatve powers
- Party discipline
- Decrease in the power of legislature
- Industrial revolution.
- This is the third most important organ of the government. Judiciary plays an important role in the establishment of the rule of law.
- The need of judiciary is required in dispensing justice, in protecting the freedom and right of the people and in punishing those who violate laws of the country.
- Without judiciary, we cannot think of a well-ordered society.
- Composition of Judiciary: The judiciary includes the judges elected by the public, the judges elected by the legislature and the judges appointed by the executive.
Functions of Judiciary:
- To provide justice and to punish the criminals
- To interpret the constitution
- To protect the constitution
- To settle disputes between the federal government and the states
- To protect fundamental rights of the citizens
- Advisory functions
- Administrative functions
- Other functions.
Independence of the Judiciary: Independence of the judiciary implies that there should be no intervention of the legislature and the executive in the working of the judiciary, and its interpretation of the constitution should be respectfully accepted.
Means of protecting the Independence of the Judiciary:
- Appointment of the judges
- The tenure of the judges
- Sufficient salary, allowances and pension
- Separation from the executive
- Ban on working as an advocate or accepting any appointment after retirement.
- The most significant power of the judiciary is its power of judicial review.
- The power of judicial review was first used in U.S.A.
- Judicial review gives the Supreme Court the power to protect the constitution.
- By virtue of a judicial review, the Supreme Court can examine the constitutional validity and legality of the decisions taken by the legislature and the executive, and if they are found against the provisions of the constitution or are unlawful in any way, the Supreme Court can declare them null and void.
Criticism of Judicial Review:
The judicial review is criticized on the basis of the following points:
- The power of judicial review is against the principle of separation of power
- It is an obstacle in development and progress
- It is paradoxical decision
- It supports the supremacy of the Supreme Court.
Significance of the Power of Judicial Review:
- Protection of the constitution
- Provides stability to the federal type of administration
- Protects fundamental rights
- Means of maintaining dignity of the various elements of administration.
Public Interest Litigation and Judicial Activism
- The public interest litigation and judicial activism have been initiated in judiciary as modern tendencies to give it a modern shape and a modern working form:
- Public Interest Litigation: By means of public interest litigation, the courts have provided the weaker sections of the society the opportunities to get justice. By virtue of this provision, any person or groups of persons other than the aggrieved can file a suit on behalf of the aggrieved to make justice available to him.
- Judicial Activism: In India, the beginning of judicial activism was done in the year 1986. By virtue of judicial activism, the judiciary issues directions and instructions to legislature and the executive regarding the unconstitutional and unlawful acts done by them.
- Judiciary has played an active role in political, social, economic, educational and environmental field.
Organs of the Government Notes Important Terms
→ Legislature: An important organ of the government. Its basic function is to make laws. Besides making law, it controls the executive and the judiciary and also controls the economy of the state (country). In India, legislature is called the ‘Sansad, in Britat, ’ it is called ‘Parliament’, in Japan, it is called ‘Diet’ and in the United States of America, it is called ‘Congress’.
→ The Executive: The executive is another important organ of a government. It gives a practional shape or brings into practice the law made by the legislature. The word executive is used in two senses: the general meaning and the narrow meaning. Today in most countries of the world, the word ‘executive’ is used in its narrow meaning. It covers only the chief of the government and his ministry.
→ The Judiciary: It is the third most significant part (organ) of the government. Its main function is to give justice according to the provisions of law of the country. Besider this, it interprets and protects the constitution, protects the fundamental rights of the people, settles the disputes between the central and the state governments, punishes the criminals, and advises the government as and when necessary.
Sansad: In India, the legislative is known by the name of ‘Sansad’.(Parliament) The Sansad has two houses: (i) Lok Sabha and (ii) Rajya Sabha
Congress: The Legislature of the USA is known as Congress. It has two houses : (i) House of Representatives and (ii) Senate.
→ Parliament: The Legislature of Britain is called Parliament.
→ Diet: The legislature of Japan is called Diet.
→ Law: Any bill passed by the legislature and approved by the President becomes a law.
→ First reading: The matter of a bill prepared and presented in the ‘parliament’ is called first reading.
→ The second reading: The discussion and expression of opinion by the deputed committee in the ‘parliament’ is called second reading.
→ Third reading: When a bill of law is voted and passed by the ‘parliament’, it is called third reading.
→ Election: The process by which people choose their representatives is called election.
→ Foreign affairs: The mutual political and economic matters with foreign countries, matters of war and peace, trade agrements are called foregin affairs.
→ Rajya Sabha: The upper house of the ‘parliament’ is called Rajya Sabha.
→ Lok Sabha: The lower house of the ‘parliament’ is called Lok Sabha. Its members are directly elected by the people for five years.
→ Nominal Executive: When the Head of state is powerless and some other person uses those powers by his name, then such an executive is called nominal executive. For example : the President of India.
→ Real Executive: When the head of the state (country) has the full powers vested in him and uses there powers himself, it is called the real executive. Example : the President of the United States of America.
→ Parliamentary Executive: In a state (county) where the head of the state is nominal and the Prime Minister uses all the powers, this is called parliamentary executive. Example: India.
→ Presidential Executive: When the President of state (country) uses the powers vested in him, it is called the Presidential executive. Example : United States of America.
→ Single Executive: When the final decision of an executive body vests in a single person it is called single executive. Example : India.
→ Money Bill: The bills regarding income and expenditure of the state are called Money-bills. First of all, all the Money bills are presented in the Lok Sabha.
→ Budget: The estimated record of the income and expenditure of a government organisation for one year is called the Budget.
→ Man-Ki-Bat: A programme conducted by Prime Minister Narendra Modi. The programme is a means of dialogue between the executive and the people, which has become an effective means of contact between the executive and the public.
→ Human rights: All the rights of an individual, which are supposed to be compulsory for a human being, are called human rights, for example : dignity of a human being, and protection of life.
→ Fundamental rights: Such rights which are basic and compulsory for an individual and have been granted and provided in the constitution, and which the government cannot interfere with are called fundamental rights.
→ Ordinance: This is a lawful order different from an Act/article, which the President enforces in emergency or unusual circumstances. An ordinance is issued when the ‘parliament’ in not in session and some issue (subject) is urgently to be addressed in national interest. The ordinance is like a law passed by the legislature. It is effective only for a defined period of time. In the states, the governor issues an ordinance when the legislative assembly is not in session.
→ Habeas Corpus: The order by a court of law to physically present an arrested prisoner before the court is called habeas corpus of the prisoner.
→ Mandate: The order issued by the court to a public servant (authority) for not carrying out the lawful responsibilities in the interest of the public is called mandate.
→ Prohibitory Mandamus: Given by the upper court to the lower court when hearing a law suit is declared beyond its authority and to check it from doing so.
→ Certiorari: When a lower court or government officer acts beyond his authority (powers), the order of transfer of the case under consideration by a competent court to a higher officer or higher court is called certiorary.
→ Quo Warranto: The order of a court forbidding a person from working who has been appointed on a post which he does not deserve legally.
→ Impeachment: The process adopted by the majority of the ‘parliament’ to remove President, Vice President and the Chief Justice and the justices of the Supreme Court and the High Court for ignoring the provision of the constitution or misconduct proved against them and for being incapable of their office, is called impeachment.
→ Trustee: The officer appointed by a law court for the protection of public property is called Trustee.
→ Directive Principles of State-Policy: In Indian constitution, some opinions have been provided regarding public dealing, which serve as guidelines for the government to follow. These opinions are recorded in part IV of the constitution.
→ Review: The power of reconsidering one’s own or others, judgement or to change it.
→ Judicial Review: The power of the Supreme Court to revise or change its own decision or the decision of some other court or to declare a law as null and void.
→ Separation of powers: The three organs of administration: (i) Legislature, (ii) Executive and (iii) Judiciary should work independently of one another and should confine temslves to their own area. This is called separation (division) of powers.
→ Appeal: An application given in any court for demanding justice.
→ Appeal in Public Interest: Appeal, regarding public interest are called public interest appeals.
→ Judicial Activism: When the judiciary issues instructions and directions to the executive and legislature regarding their unconstitutional acts, it is called judicial Activism.
→ Garner (a famous political thinker): He regarded the government an organisation which expresses the desire of the state (country).
→ Prof Laski: A renowned professor of Political Science. He acquired a lot of fame as a thinker, as an orator and as a leader of labour party.
→ Sir Henry Mann: (A famous political thinker) He was a staunch votary of two houses of legislature.
→ Benjamin Franklin: (A scholar of politics) He criticized the two houses of legislature. He called the two houses of legislature an exercise without utility.
→ Gilchrist: (A political thinker) He regarded the executive such an organ of the government as a means to work out the desire of the state expressed in the form of law.
→ Dr. Finer: (A political thinker) He was of the view that the executive gives practical shape to what the legislature and the judiciary propose on paper.
→ Mussolini: He was the founder of the Fascist party and the Dictator of Italy. He was assassinated in 1945.
→ Hitler: Dictatorial administrator of Germany. He did his best to establish the supremacy of the Nazi people in Germany and got the Jews massacred on large scale. He started World War II. He committed suicide after the defeat of Germany in 1945.
→ J.S. Mill: (An English thinker of the 19th century). He supported the wave of freedom. His famous book is ‘On Liberty’.
→ P.N. Bhagwati: (Former Chief Justice of India) His tenure was from 12th July 1985 to 20th Dec.1986. He is given the credit of starting judicial activism.