Politics of India - Biblioteka.sk

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Politics of India
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Politics of India
Polity typeFederal Parliamentary Republic
ConstitutionConstitution of India
Legislative branch
NameParliament
TypeBicameral
Meeting placeSansad Bhavan
Upper house
NameRajya Sabha
Presiding officerVice President Jagdeep Dhankhar, Chairman of the Rajya Sabha
AppointerElectoral College
Lower house
NameLok Sabha
Presiding officerOm Birla, Speaker of the Lok Sabha
Executive branch
Head of State
TitlePresident
CurrentlyDraupadi Murmu
AppointerElectoral College
Head of Government
TitlePrime Minister
CurrentlyNarendra Modi
AppointerPresident
Cabinet
NameUnion Council of Ministers
Current cabinetThird Modi ministry
LeaderPrime Minister
AppointerPresident
Ministries52
Judicial branch
NameJudiciary
Supreme Court
Chief judgeDhananjaya Y. Chandrachud

Politics of India works within the framework of the country's Constitution. India is a parliamentary secular democratic republic in which the president of India is the head of state & first citizen of India and the Prime Minister of India is the head of government. It is based on the federal structure of government, although the word is not used in the Constitution itself. India follows the dual polity system, i.e. federal in nature, that consists of the central authority at the centre and states at the periphery. The Constitution defines the organizational powers and limitations of both central and state governments; it is well recognised, fluid (Preamble of the Constitution being rigid and to dictate further amendments to the Constitution) and considered supreme, i.e. the laws of the nation must conform to it. India is officially declared a secular and socialist state as per the Constitution.[1][2][3]

There is a provision for a bicameral legislature consisting of an upper house, the Rajya Sabha (Council of States), which represents the states of the Indian federation, and a lower house, the Lok Sabha (House of the People), which represents the people of India as a whole. The Constitution provides for an independent judiciary, which is headed by the Supreme Court. The court's mandate is to protect the Constitution, to settle disputes between the central government and the states, to settle inter-state disputes, to nullify any central or state laws that go against the Constitution and to protect the fundamental rights of citizens, issuing writs for their enforcement in cases of violation.[4]

There are 543 members in the Lok Sabha, who are elected using plurality voting (first past the post) system from 543 Single-member district. There are 245 members in the Rajya Sabha, out of which 233 are elected through indirect elections by single transferable vote by the members of the state legislative assemblies; 12 other members are elected/nominated by the President of India. Governments are formed through elections held every five years (unless otherwise specified), by parties that secure a majority of members in their respective lower houses (Lok Sabha in the central government and Vidhan Sabha in states). India had its first general election in 1951, which was won by the Indian National Congress, a political party that went on to dominate subsequent elections until 1977, when a non-Congress government was formed for the first time in independent India. The 1990s saw the end of single-party domination and the rise of coalition governments. The latest 18th Lok Sabha elections was conducted in seven phases from 19 April 2024 to 1 June 2024 by the Election commission of India. The results bought in the NDA (National Democratic Alliance) to form in the next government [5]

In recent decades, Indian politics has become a dynastic affair.[6] Possible reasons for this could be the party stability, absence of party organisations, independent civil society associations that mobilise support for the parties and centralised financing of elections.[7] According to the V-Dem Democracy indices India in 2023 was the 19th most electoral democratic country in Asia.[8]

Union Government

The Government of India is modelled after the Westminster system.[9] The Union government (also called as the Central government) is mainly composed of the executive, the legislature, and the judiciary, and powers are vested by the constitution in the prime minister, parliament, and the supreme court, respectively. The president of India is the head of state and the commander-in-chief of the Indian Armed Forces, while the elected prime minister acts as the head of the executive and is responsible for running the Union government.[10] 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, 25 high courts, and 688 district courts, all inferior to the supreme court.[11]

The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the civil procedure code, the penal code, and the criminal procedure code.[12] Similar to the Union government, individual state governments each consist of executive, legislative and judiciary branches. The legal system as applicable to the Union and individual state governments is based on the English common and Statutory Law. The term New Delhi is commonly used as a metonym for the Union government, as the seat of the central government is in New Delhi.

Lok Sabha

The Lok Sabha, constitutionally the House of the People, is the lower house of India's bicameral Parliament. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.

The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950, it was 500.) Currently, the house has 543 seats which are filed by the election of up to 543 elected members. The new parliament has a seating capacity of 888 for Lok Sabha. A total of 131 seats (24.03%) are reserved for representatives of Scheduled Castes (84) and Scheduled Tribes (47). The quorum for the House is 10% of the total membership.

The Lok Sabha, unless sooner dissolved, continues to operate for five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law or decree.

Members of Lok Sabha (House of the People) or the lower house of India's Parliament are elected by being voted upon by all adult citizens of India, who crossed 18 years from a set of candidates who stand in their respective constituencies. Every adult citizen of India can vote only in their constituency.

Office of the Prime Minister

The Prime Minister of India is the head of government of the Republic of India. Executive authority is vested in the prime minister and his chosen Council of Ministers, despite the president of India being the nominal head of the executive. The prime minister has to be a member of one of the houses of bicameral Parliament of India, alongside heading the respective house. The prime minister and their cabinet are at all times responsible to the Lok Sabha.

The prime minister is appointed by the president of India; however, the prime minister has to enjoy the confidence of the majority of Lok Sabha members, who are directly elected every five years, lest the prime minister shall resign. The prime minister can be a member of the Lok Sabha or of the Rajya Sabha, the upper house of the parliament. The prime minister controls the selection and dismissal of members of the Union Council of Ministers; and allocation of posts to members within the government.

Office of the Council of Ministers

The Union Council of Ministers is the principal executive organ of the Government of India, which functions as the senior decision-making body of the executive branch. It is chaired by the prime minister and consists of the heads of each of the executive government ministries.

A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government.

Pursuant to Article 75, a minister who works at the pleasure of the President, is appointed by the President on the advice of the Prime Minister. There are five categories of the council of ministers as given below, in descending order of rank:

  • Prime Minister: Leader of the Union Council of Ministers.
  • Deputy Prime Minister (if any): Presides as prime minister in his absence or as the senior most cabinet minister.
  • Cabinet Minister: A member of the Union cabinet; leads a ministry.
  • Minister of State (Independent charge): Junior minister not reporting to a Cabinet Minister.
  • Minister of State (MoS): Deputy Minister reporting to a Cabinet Minister, usually tasked with a specific responsibility in that ministry.

Rajya Sabha

The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. It has a maximum membership of 250, of which 238 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 (238 elected, 12 appointed) according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245 (233 elected, 12 appointed).

Members sit for staggered terms lasting six years, with about a third of the 238 designates up for election every two years, in even-numbered years. Unlike the Lok Sabha, the Rajya Sabha is a continuing chamber and hence not subject to dissolution. However, the Rajya Sabha, like the Lok Sabha, can be prorogued by the president.

The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the area of supply, where the latter has overriding powers. In the case of conflicting legislation, a joint sitting of the two houses can be held, where the Lok Sabha would hold a greater influence because of its larger membership. The vice president of India is the ex-officio chairman of the Rajya Sabha, who presides over its sessions. The deputy chairman, who is elected from amongst the house's members, takes care of the day-to-day matters of the house in the absence of the chairman.

President & Vice-President of India

Office of the President of India

The President of India is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, as well as the supreme commander of the Indian Armed Forces.

The new president is chosen by an electoral college consisting of the elected members of both houses of parliament (MPs), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., National Capital Territory (NCT) of Delhi, Jammu and Kashmir and Puducherry.

The election process of the president is a more extensive process than of the prime minister who is also elected indirectly (elected by the members of the majority party (or union) in the Lok Sabha). Whereas President being the constitutional head with duties to protect, defend and preserve the constitution and rule of law in a constitutional democracy with constitutional supremacy, is elected in an extensive manner by the members of Lok Sabha, Rajya Sabha and state legislative assemblies in a secret ballot procedure.

Office of the Vice-President of India

The Vice President of India is the deputy to the head of state of the Republic of India, i.e. the president of India. The office of vice president is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency. The vice president is also the ex officio chairman of the Rajya Sabha.

Article 66 of the Constitution of India states the manner of election of the vice president. The vice president is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament and not the members of state legislative assembly by the system of proportional representation using single transferable votes and the voting is conducted by Election Commission of India via secret ballot. The vice president also acts as the chancellor of the Panjab University and Delhi University.

State Governments

State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Each state has a legislative assembly. A state legislature that has one house – the State Legislative Assembly (Vidhan Sabha) – is a unicameral legislature. A state legislature that has two houses – the State Legislative Assembly and State Legislative Council (Vidhan Parishad) – is a bicameral legislature. The Vidhan Sabha is the lower house and corresponds to the Lok Sabha while the Vidhan Parishad is the upper house and corresponds to the Rajya Sabha of the Parliament of India

Vidhan Sabha

Vidhan Sabha, also known as State Legislative Assembly, is a legislative body in each of the states and certain union territories of India. In 22 states and 3 union territories, there is a unicameral legislature which is the sole legislative body. Vidhan Sabha is present in all the states and 3 union territories.

Each Member of the Legislative Assembly (MLA) is directly elected to serve 5-year terms by single-member constituencies. The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members however an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.

A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.

Vidhan Parishad

Vidhan Parishad, also called as the State Legislative Council, is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly. Its establishment is defined in Article 169 of the Constitution of India.

Only 6 out of 28 states have a Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh. No union territory has a legislative council.

The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members. These members elect the chairman and Deputy Chairman of the State Legislative Council.

Local Governments

Local government in India is governmental jurisdiction below the level of the state. Local self-government means that residents in towns, villages and rural settlements are the people who elect local councils and their heads authorising them to solve the important issues. The 73rd and 74th constitutional amendments give recognition and protection to local governments and in addition each state has its own local government legislation.

Since 1992, local government in India takes place in two very distinct forms. Urban localities, covered in the 74th amendment to the Constitution, have Municipality but derive their powers from the individual state governments, while the powers of rural localities have been formalized under the panchayati raj system, under the 73rd amendment to the Constitution.

Urban Local Governing Bodies

The following 3 types of democratically elected urban local governance bodies in India are called municipalities and abbreviated as the "MC". These are classified based on the size of the population of the urban settlement.

  • Municipal Corporation, also called the "Nagar Nigam" or "City Corporation", of cities with more than 1 million population.
  • Municipal Councils, also called the "Nagar Palika" or "Nagar Palika Parishad", of cities with more than 25,000 and less than 1 million population.
  • Municipal Committee, also called the "Town Council" or "Nagar Panchayat" or "Town Panchayat" or "Notified Area Council" or "Notified Area Committee" depending on the state within which they lie, these are in the town with more than 10,000 and less than 25,000 population.

Rural Local Governing Bodies

The Constitutional (73rd Amendment) Act, 1992 aims to provide a three-tier system of Panchayati Raj for all States having a population of over 2 million, to hold Panchayat elections regularly every five years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare a draft development plan for the district.[13] The following 3 hierarchies of PRI panchayats exist in states or Union Territories with more than two million inhabitants:

Elections In India

Elections in the Republic of India include elections for

Election Commission of India

The Election Commission of India (ECI) is a constitutional body established by the Constitution of India empowered to conduct free and fair elections in India. The Election commission is headed by a Chief Election Commissioner and consists of two other Election Commissioners.

At the states and union territories, the Election Commission is assisted by the Chief Electoral Officer of the state or union territory (CEO), who leads the election machinery in the states and union territories. At the district and constituency levels, the District Magistrates/District Collectors (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.

The Election Commission operates under the powers granted by Article 324 of the Constitution and subsequently enacted Representation of the People Act. The state election commissions are responsible for conducting local body elections in the respective states. The election commission decides the dates for the filing of nominations, voting, counting and announcement of results.

A law for the registration process for political parties was enacted in 1989. The registration ensures that the political parties are recognized as national, state and regional parties. The election commission has the right to allot symbols to the political parties depending on the status. The same symbol cannot be allocated to two political parties even if they do not contest in the region.

The commission prepares electoral rolls and updates the voter list. To prevent electoral fraud, Electors Photo Identity Cards (EPIC) were introduced in 1993. However certain legal documents such as ration cards have been allowed for voting in certain situations. Zdroj:https://en.wikipedia.org?pojem=Politics_of_India
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