Unit V: Organs of Constitutional Governance

Introduction

The Indian Constitution divides the work of running the country among three
main parts: the Legislature, the Executive, and the Judiciary. These are like
the three big branches of our government, and each has its own role to play. The
Legislature makes the laws, the Executive carries out the laws, and the Judiciary
makes sure that the laws are followed and that nobody breaks the Constitution.
Even though their roles are different, they all need to work together to make
sure the country runs smoothly. India follows a parliamentary system, which
means the Prime Minister and the government are part of the Legislature and
must answer to it. But the Judiciary is kept separate and independent so that it
can do its job fairly without any pressure. This way, all three organs balance
each other and prevent misuse of power.

Part A: Legislature and Executive

The Executive – What It Means and Who It Includes

The Executive in India is responsible for running the government and making
sure laws are put into action. It includes both the President (at the national
level) or Governor (at the state level), who are the official heads, and the
Council of Ministers led by the Prime Minister or Chief Minister, who
actually make the decisions and run the government. While the President is the
head of the country on paper, the real power is with the Prime Minister and his
team. The Constitution says in Article 53 that all the work of the Union
government is done in the name of the President, but only on the advice of the
Council of Ministers. This means the President doesn’t make decisions alone.

The President of India – Powers and Duties

The President of India is the official head of the country, much like the Queen
in the UK. The President is chosen by an Electoral College, which includes
members of Parliament and state assemblies. This way, the President represents
the whole country and not just one party. To become President, a person must
be an Indian citizen, at least 35 years old, eligible to be a Lok Sabha member,
and must not have any government job at the time of election.
The President has many powers, but most of them are carried out with the
advice of the Prime Minister. These include:

 Executive powers like appointing the Prime Minister, Governors, judges,

ambassadors, and other important officials.
 Legislative powers like starting and ending Parliament sessions,
approving laws, and signing ordinances when Parliament is not meeting
(under Article 123).
 Judicial powers such as pardoning people or reducing punishments
under Article 72.
 Emergency powers like declaring National Emergency (war, etc.), State
Emergency (President’s Rule), or Financial Emergency when needed
(Articles 352, 356, and 360).

Even though the President has these powers, they usually act based on what the
Prime Minister and ministers suggest. However, in special situations like a
hung Parliament (no party has full majority), the President can use their own
judgment, like choosing who to invite to form the government.

The Prime Minister – Real Head of Government

The Prime Minister (PM) is the most powerful person in the government and
takes all the major decisions. The President chooses the PM, usually the leader
of the party that has the most seats in the Lok Sabha. The PM leads the
Council of Ministers, decides who will be in the Cabinet, gives them their
roles, and coordinates their work. The PM also acts as a bridge between the
President and the ministers.

The PM has a lot of responsibilities:

 Advises the President on everything related to the government.

 Leads the Cabinet and helps make all the major decisions.
 Represents India in international meetings.
 Answers questions in Parliament and ensures that the government is
doing its job.

The Prime Minister and the Council of Ministers must keep the confidence of
the Lok Sabha. If they lose the support of the majority, they must resign. This
keeps them accountable to the people’s representatives.

Part B: Judiciary
The Judiciary – Guardian of the Constitution

The Judiciary is like the watchman of the Constitution. It makes sure the laws
made by the government do not go against the Constitution and that everyone
follows the law. The highest court in the country is the Supreme Court,
followed by High Courts in each state and lower courts in districts. The
Supreme Court was created on January 28, 1950, right after the Constitution
came into effect.

The Supreme Court has different types of powers:

 Original jurisdiction – It can hear cases like disputes between states or

between the Centre and a state.
 Appellate jurisdiction – People can appeal to the Supreme Court if
they’re not satisfied with High Court decisions in criminal, civil, or
constitutional cases.
 Advisory jurisdiction – The President can ask the Supreme Court for
advice on legal matters (under Article 143).
 Writ jurisdiction – Under Article 32, any citizen can go directly to the
Supreme Court if their Fundamental Rights are violated.

How the Judiciary Stays Independent

To make sure judges can work fairly without any outside pressure, the
Constitution gives them a lot of protection:

 Judges can’t be removed easily. They can only be removed through a

very tough impeachment process.
 Their salaries and benefits are paid from the Consolidated Fund of India
and cannot be changed to their disadvantage.
 Judges are not allowed to practice law after retirement, so they won’t
favor anyone while in office.
 Parliament is not allowed to talk about judges’ behavior, except during
impeachment.
 The Judiciary handles its own staffing and management and is not
controlled by the government.

All this ensures that judges can focus only on justice and not worry about
pleasing the government or anyone else.

Judicial Review and PIL – How the Courts Help Citizens

One of the most important jobs of the courts is judicial review. This means that
if any law or government action goes against the Constitution, the court can
cancel it. This protects citizens from bad laws and keeps the Constitution safe.
Over time, Indian courts have also become more active in helping the poor and
voiceless by taking up issues on their own or through petitions filed by others.
This is known as judicial activism.

A major tool in this area is Public Interest Litigation (PIL). Anyone – even if
they’re not directly affected – can file a PIL to raise issues that concern the
public, like pollution, workers’ rights, or safety. Thanks to PILs, the courts have
been able to fight for clean air, protect forests, improve jails, and much more.
Famous cases like MC Mehta vs Union of India (on pollution) and Vishaka vs
State of Rajasthan (on sexual harassment at the workplace) were PILs.
However, sometimes PILs are misused for personal gain, which wastes the
court’s time and energy.

Conclusion

In India, the Legislature, Executive, and Judiciary are like the three legs of a
stool – all are important and must work together for the country to stand strong.
The Legislature makes the rules, the Executive runs the government and
applies the rules, and the Judiciary makes sure that the rules are fair and
followed by all. If any one of these tries to become too powerful, the others stop
it. That’s how checks and balances work.

Together, the President, the Prime Minister and ministers, and the Judiciary,
especially the Supreme Court, make sure that our Constitution is respected and
the rights of every Indian are protected. This system is what keeps India’s
democracy alive and strong. By understanding how these three branches work,
we understand how our country functions and how each of us plays a part in
keeping it fair and just.