Government of India

The Government of India (Hindi: Bharat Sarkar), officially referred to as the Union Government, and commonly as Central Government, was established by the Constitution of India, and is the governing authority of a federal union of 28 states and 7 union territories, collectively called Republic of India. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the India Code. The federal (union) and individual state governments consist of executive, legislative and judicial branches. The legal system as applicable to the federal and individual state governments is based on the English Common and Statutory Law. India accepts compulsory International Court of Justice jurisdiction with several reservations.

Legislative branch

India's bicameral parliament (also known as the Sansad) consists of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Union Council of Ministers is responsible to the Lok Sabha. In India's parliamentary system, the executive is nominally subordinate to the legislature. There are 543 members in the Lok Sabha that are elected from the various states on the basis of proportional representation. There are 2 Anglo-Indian members nominated by the President. The Rajya Sabha has 250 members.

Executive branch

The Executive arm consists of the President, Vice-President, the Prime Minister and the Council of Ministers. Any minister holding a portfolio must be a member of either house of parliament.

President of India

The government exercises its broad administrative powers in the name of the President of India, who is the Supreme Commander of the Armed Forces, the Head of State and chief guardian of the Constitution of the Republic.

The President's true role is mostly ceremonial. He is the Supreme Commander of the nation's armed forces, has the authority to dissolve Parliament and call fresh elections, declare a state of emergency, and dismiss governments in the states, but all upon the counsel of the Prime Minister and the elected government.

Historically, the President of the Republic has been a person revered by the people for his position above ordinary politics. The President and Vice President are elected indirectly for 5-year terms by a special electoral college, composed of delegates from the federal Parliament and state legislatures.

Union Cabinet

Real national executive power is centered in the Council of Ministers, the Union Cabinet, led by the Prime Minister of India, the Head of Government. The President appoints the Prime Minister, who is the designated leader of the political party or coalition commanding parliamentary majority. All Central Government decisions are nominally taken in the name of the President.

The Ministers may be of 3 types - Cabinet Minister, Minister of State (Independent Charge) and Minister of State, in order of seniority. Cabinet Ministers and Ministers of State with independent charge may usually attend Cabinet meetings.

The Union Ministries

The South Block situated in Raisina Hill, Delhi houses Indian defence, external affairs and finance ministries.

The day-to-day enforcement and administration of national laws lies in the hands of the various federal Union Ministries and Departments, created by the Indian Parliament to deal with specific areas of national and international affairs. In matters delegated to the States, Ministries act in advisory and funding capacity.

Ministry of Agriculture
Ministry of Agro and Rural Industries
Ministry of Chemicals and Fertilizers
Ministry of Civil Aviation
Ministry of Coal and Mines
Ministry of Commerce and Industry
Ministry of Communications and Information Technology
Ministry of Company Affairs
Ministry of Consumer Affairs, Food and Public Distribution
Ministry of Culture
Ministry of Defence
Ministry of Development of North Eastern Region
Ministry of Environment and Forests
Ministry of External Affairs
Ministry of Finance
Ministry of Food Processing Industries
Ministry of Health and Family Welfare
Ministry of Heavy Industries and Public Enterprises
Ministry of Home Affairs
Ministry of Human Resource Development
Ministry of Information and Broadcasting
Ministry of Labour and Employment
Ministry of Law and Justice
Ministry of Non-Conventional Energy Sources
Ministry of Panchayati Raj
Ministry of Parliamentary Affairs
Ministry of Personnel, Public Grievances and Pensions
Ministry of Petroleum and Natural Gas
Ministry of Power
Ministry of Railways
Ministry of Rural Development
Ministry of Science and Technology
Ministry of Shipping, Road Transport and Highways
Ministry of Small Scale Industries
Ministry of Social Justice and Empowerment
Ministry of Statistics and Programme Implementation
Ministry of Steel
Ministry of Textiles
Ministry of Tourism
Ministry of Tribal Affairs
Ministry of Urban Development
Ministry of Urban Employment and Poverty Alleviation
Ministry of Water Resources
Ministry of Youth Affairs and Sports

Central Government (Independent Departments):

Department of Atomic Energy
Department of Ocean Development
Department of Space

Independent Executive Agencies

The Constitution of India also provides for following independent organisations, who are answerable only to the Parliament and are not under the purview of any Ministry,

Central Bureau of Investigation (CBI) - premier national investigative agency, analogous to the United States FBI, but limited in authority.
Central Vigilance Commission (CVC)
Comptroller and Auditor General of India (CAG)
Election Commission of India
National Commission for Women
National Commission on Population
National Human Rights Commission (NHRC)
Planning Commission - The premier agency
Telecom Regulatory Authority of India (TRAI) - Telecom regulator.
Union Public Service Commission (UPSC) - The recruitment agency for civil service positions based on competitive exams.

Judicial branch

India's independent judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of a Chief Justice and 25 associate justices, all appointed by the President on the advice of the Chief Justice of India. In the 1960s, India moved away from using juries for most trials, finding them to be corrupt and ineffective, instead almost all trials are conducted by judges.

Unlike its US counterpart, the Indian justice system consists of a unitary system at both state and federal level. The judiciary consists of the Supreme Court of India, High Courts at the state level, and District and Session Courts at the district level.

National Judiciary

The Supreme Court of India has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more states, or between the Government of India and any state or states on one side and one or more states on the other, or between two or more states, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.

In addition, Article 32 of the Indian Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs 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.

Public Interest Litigation: Although the proceedings in the Supreme Court arise out of the judgments 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, and the Court may be moved 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 Hon'ble The Chief Justice of India highlighting the question of public importance for invoking this jurisdiction.

Such a concept is known as Public Interest Litigation, or PIL and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India, and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.

State Judiciary

The High Court stands at the head of a State's judicial administration. There are 21 High Courts in the country, three having jurisdiction over more than one state. The Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises a Chief Justice and such other Judges as the President may, from time to time, appoint.

Each High Court has powers of jurispudence over all subordinate courts within its jurisdiction, namely the District and Sessions courts and other lower courts. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.

The District and Session Courts comprise the lowest level of courts, and are trial courts of original jurisdiction, applying both federal and state laws. States are divided into districts and within each, a District and Sesions Judge is head of the judiciary. A District Judge presides over civil cases, while a Sessions Judge over criminal cases. These judges are appointed by the Governor of the state in consultation with the state's High Court. There is a hierarchy of judicial officials below the district level, many selected through competitive examination by the state's public service commissions.

Civil cases at the sub district level are filed in subdistrict or munsif courts. Lesser criminal cases are entrusted to courts of magistrates functioning under the Sessions Judge. At the village level, disputes are frequently resolved by Panchayats or Lok Adalats (Hindi: People's Courts), appealable to the District and Sessions Court.

Note: The judicial system retains substantial legitimacy in the eyes of many Indians despite its politicization since the 1970s. In fact, as illustrated by the rise of social action litigation in the 1980s and 1990s, many Indians turn to the courts to redress grievances with other social and political institutions. It is frequently observed that Indians are highly litigious, which has contributed to a growing backlog of cases.

Indeed, the Supreme Court was reported to have more than 150,000 cases pending in 1990, the high courts had some 2 million cases pending, and the lower courts had a substantially greater backlog. Research in the early 1990s show that the backlogs at levels below the Supreme Court are the result of delays in the litigation process and the large number of decisions that are appealed, and not the result of an increase in the number of new cases filed.

**Jurisdiction and Seats of State High Courts**
Name	Year	State Jurisdiction	Seat
Kolkata	1862	West Bengal	Kolkata (Circuit Bench at Port Blair)
Mumbai	1862	Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu	Mumbai (Benches at Nagpur, Panaji and Aurangabad)
Chennai	1862	Tamil Nadu and Pondicherry	Chennai (Bench at Madurai)
Allahabad	1866	Uttar Pradesh	Allahabad (Bench at Lucknow)
Karnataka	1884	Karnataka	Bangalore
Patna	1916	Bihar	Patna (Bench at Ranchi)
Jammu & Kashmir	1928	Jammu & Kashmir	Srinagar & Jammu
Guwahati	1948	Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh	Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at Agartala & Shillong)
Orissa	1948	Orissa	Cuttack
Rajasthan	1949	Rajasthan	Jodhpur (Bench at Jaipur)
Andhra Pradesh	1956	Andhra Pradesh	Hyderabad
Madhya Pradesh	1956	Madhya Pradesh	Jabalpur (Benches at Gwalior and Indore)
Kerala	1958	Kerala & Lakshadweep	Ernakulam
Gujarat	1960	Gujarat	Ahmedabad
Delhi	1966	Delhi	Delhi
Himachal Pradesh	1971	Himachal Pradesh	Shimla
Punjab & Haryana	1975	Punjab, Haryana and Chandigarh	Chandigarh
Sikkim	1975	Sikkim	Gangtok
Chhattisgarh	2000	Chhattisgarh	Bilaspur
Jharkhand	2000	Jharkhand	Ranchi
Uttaranchal	2000	Uttaranchal	Nainital

Type of Government

The Preamble lays down the type of government that India has adopted - Sovereign, Socialist, Secular, Democratic, Republic.

Sovereign

The word sovereign means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people, which makes laws which governs the people.

Socialist

The word socialist was added to the Preamble by the 42^nd Amendment Act of 1976. It implies social and economic equality for all its citizens. There will be no discrimination on the basis of caste, colour, creed, sex, religion, language etc. Everybody will be given equal status and opportunities. The government will make efforts to reduce the concentration of wealth in a few hands, and provide a decent standard of living to all.

India has adopted a mixed economic model, and the government has framed many laws to achieve the goal of socialism, such as Abolition of Untouchability and Zamindari Act, Equal Wages Act and Child Labour Prohibition Act.

Secular

The word secular was inserted into the Preamble by the 42^nd Amendment Act of 1976. It implies equality of all religions and religious tolerance. India does not have any official state religion. Every person has the right to preach, practise and propagate any religion of their own choice. The government does not favour or discriminate any religion. It treats all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government - aided schools. Contrary to this, India made laws based on religion and sub-religion(caste).

Democratic

India is a democratic country. It is often referred to as the largest democracy in the world, and takes pride in that designation. People of India elect their governments at all levels (central, state and local) by a method of universal adult franchise. Every citizen of India, who is 18 years of age and above and who is not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education.

Though every citizen is entitled to vote, but not everyone can stand for election from any location, specific seats are allocated for Scheduled castes and Scheduled tribes (22%) in parliament called (reserved constituencies), in local body election a percentage of seats are allocated for women candidate.

There is also a proposal to allocate 33% seats in all elections to woman candidates, currently there is no consensus in how to implement it and which seats should be allocated.

The pillar of Indian Democracy is Election Commission of India, it is one of the most trusted organisations, it has been praised by all for conducting Free and Fair elections.

Republic

As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime, or till he abdicates, a republic is a state in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years.

Quasi - Federal Government

India has been called as a Union of States. In spite of having a Federal structure, that is two levels of government, clear division of powers and an independent judiciary, there is a strong bias towards making the Central government more powerful. This is called a Centralized Federation, or a Quasi-Federal Government, that is partly federal and partly unitary.

Federal Features of the Indian Government

There are two levels of government, that is Central and State Government. There is clear division of powers stated under the three lists – Union list, State list and Concurrent list. There is a written Constitution which is a supreme document, and an independent and impartial judiciary to interpret the Constitution and solve conflicts between the Central and State governments.

Unitary Features of the Indian Government

India has adopted the idea of single citizenship. The Parliament has vast legislative powers. It can legislate on 97 subjects of the union list, 47 subjects of the concurrent list and in times of national and state emergency, can also make laws on the 66 subjects of the state list. If there is a conflict between a union law and a state law over a subject present in the Concurrent list, the law made by the Parliament will prevail over the law made by the state legislatures.

The President of India has vast emergency powers. He or she may declare national, state and financial emergency. The Governor of a state acts as a representative of the President at the state level. He is appointed by the President, and may be removed by him or her. The Governor can advise the President to impose emergency in any state. During an emergency, the Governor carries out the administration in the name of the President.

The state governments are dependent upon the central government for funds and grants. These are allocated by the Planning Commission and the Finance Commission, which are central bodies.

The members of the All Indian Services are appointed by the Union Public Service Commission, which is a central body. Though the officers are posted in the states, they continue to owe their loyalty to the government.

Parliamentary government

India has adopted a parliamentary system of government borrowed from the United Kingdom. It is based on the fusion of powers between the executive and the legislature.

Under the Indian system, the Parliament is supreme as it is an elected body. There is a presence of two executives - the nominal executive and the real executive. The nominal executive, is the President of India. He enjoys all the constitutional powers, but exercises them only on the advice of the real executive. The real executive, that is the Prime Minister of India and the Cabinet, enjoy all the real powers and make all the important policy decisions.

All the members of the Council of Ministers as well as the Prime Minister have to be members of either house of the Parliament. If they are not, they must get elected within a period of six months from the time they assume their respective office. The Executive, the Prime Minister and the Council of Ministers are responsible to the Lok Sabha, both individually as well as collectively.

Individual responsibility

Every individual minister is in charge of a specific portfolio or department. He is responsible for any act of failure in all the policies relating to his department. In case of any lapse, he himself is individually responsible to the Parliament. If a vote of no - confidence is passes against the individual minister, he has to resign. Individual responsibility can amount to collective responsibility. Therefore, the Prime Minister, in order to save his government, can ask for the resignation of such a minister.

Collective responsibility

The Prime Minister and the Council of Ministers are jointly accountable to the Lok Sabha. If there is a policy failure or lapse on the part of the government, all the members of the council are jointly responsible. If a vote of no - confidence is passed against the government, then all the ministers headed by the Prime Minister have to resign.

Welfare State

A welfare state is a state in which the government provides for a wide range of social services and carries out a large number of welfare and developmental activities, like providing education, setting up of hospitals, protection of minorities, promoting agriculture and protecting the monuments along with the performance of police functions.

The Directive Principles of State Policy, enshrined in Part IV of the Indian Constitution reflects that India is a welfare state. Seats are reserved for scheduled castes and scheduled tribes in government jobs, educational institutions, Lok Sabha and Vidhan Sabha. The government has passed a number of laws for the abolition of untouchability, Begar and Zamindari. The government has opened fair - priced shops, where certain essential commodities are sold at very reasonable prices to the poorer sections of the society.

Revenues of Government

Gross tax revenues of the Government of India has grown steadily from around Rs.1 billion in 1945 to over Rs.1 trillion by 1995. It is expected to reach Rs.8 trillion by 2010 at the current rate of growth. Given below is a chart of trend of gross tax revenues (before splitting shares of States) of the Government of India assessed by the Finance Commissions from time to time with figures in millions of Indian Rupees.

Year	Gross Tax Revenues	Excise Duties	Corporation Tax	Customs	Income Tax	Service Tax	Wealth Tax
1945		463	753	736	1,023
1950		675	404	1,571	1,327
1955		1,452	370	1,667
1960		3,949	1,375		1,275
1965	16,827	8,141	3,716	4,195	2,940
1970
1975
1980
1985
1990
1995	1,060,220	458,220Template:Fn	145,860	299,010	128,600
2000	1,982,260	768,390Template:Fn	379,780	535,720	315,900
2005	3,437,030	1,147,410	968,450	581,560	559,810	171,220	1,490

Template:Fnb includes service tax, et al

This is a chart of trend of non-tax revenues of the Government of India assessed by the Finance Commissions from time to time with figures in millions of Indian Rupees.

Year	Non-tax Revenues	Interest	Dividend
1995	355,210	180,460	58,210Template:Fn
2000	574,640
2005	701,350

Template:Fnb includes dividend and profit from public sector undetakings and RBI, et al