The Three Organs of Government
Introduction
India is a democratic republic with a constitution that came into effect on January 26, 1950. The Constitution establishes three distinct organs of government: the Legislature (makes laws), the Executive (implements laws), and the Judiciary (interprets laws and settles disputes). The Constitution ensures separation of powers while also providing for checks and balances so that no organ becomes too powerful.
Section 1: The Legislature — Parliament
Structure of Parliament
India's Parliament is bicameral — it has two houses:
| House | Name | Role |
|---|---|---|
| Lower House | Lok Sabha (House of the People) | Directly represents the people |
| Upper House | Rajya Sabha (Council of States) | Represents the states |
Lok Sabha (House of the People)
| Feature | Details |
|---|---|
| Maximum strength | 552 (530 from states, 20 from UTs, 2 Anglo-Indian nominated — now removed by 104th Amendment) |
| Election | Direct — people vote for their representatives |
| Term | 5 years (unless dissolved earlier) |
| Presiding Officer | Speaker (elected by Lok Sabha members) |
| Qualifications | Indian citizen, 25+ years of age, not holding an office of profit |
| Money Bills | Can only be introduced in Lok Sabha |
Functions of Lok Sabha:
- Represents the will of the people
- Passes laws (bills)
- Controls the executive through questions, debates, and no-confidence motions
- Approves the budget and financial proposals
- Can remove the Council of Ministers through a no-confidence motion
Rajya Sabha (Council of States)
| Feature | Details |
|---|---|
| Maximum strength | 250 (238 elected, 12 nominated by President) |
| Election | Indirect — elected by state legislative assemblies |
| Term | Permanent — members serve 6 years; one-third retire every 2 years |
| Presiding Officer | Vice President of India (Chairman); Deputy Chairman (elected) |
| Qualifications | Indian citizen, 30+ years of age |
Functions of Rajya Sabha:
- Represents the states in Parliament
- Reviews and amends bills passed by Lok Sabha
- Can delay non-money bills for up to 6 months
- Shares the power to impeach the President and remove judges
- Makes recommendations on subjects in the State List
Law-Making Process
| Step | Description |
|---|---|
| 1. Introduction | A bill is introduced in either house (except Money Bills — Lok Sabha only) |
| 2. First Reading | Bill is introduced; copies are circulated |
| 3. Second Reading | Detailed discussion and clause-by-clause examination |
| 4. Third Reading | Vote on the bill — passed if majority approves |
| 5. Other House | The bill goes to the other house for similar process |
| 6. President's Assent | President signs the bill — it becomes an Act |
Section 2: The Executive
The President
| Feature | Details |
|---|---|
| Role | Head of State — Constitutional (nominal) head of the Union |
| Election | Elected by an Electoral College (MPs and MLAs) for 5 years |
| Qualifications | Indian citizen, 35+ years, eligible for Lok Sabha |
| Powers | Executive, legislative, financial, judicial, and emergency powers |
Powers of the President:
- Executive: Appoints PM, Council of Ministers, judges, governors, ambassadors
- Legislative: Summons and prorogues Parliament; addresses both houses; can return bills for reconsideration
- Financial: Money Bills need President's recommendation
- Judicial: Appoints judges; can grant pardons, reprieves, and clemency
- Emergency: Can declare National Emergency (Article 352), State Emergency (356), Financial Emergency (360)
The Prime Minister and Council of Ministers
| Position | Role |
|---|---|
| Prime Minister | Head of government — real executive power |
| Appointment | Appointed by President; usually leader of the majority party in Lok Sabha |
| Council of Ministers | Cabinet Ministers, Ministers of State, Deputy Ministers |
Powers of the Prime Minister:
- Leads the Council of Ministers
- Advises the President on appointments
- Chairs Cabinet meetings
- Determines government policy and direction
- Represents India internationally
- Can recommend dissolution of Lok Sabha
Section 3: The Judiciary
The Supreme Court
| Feature | Details |
|---|---|
| Location | New Delhi |
| Composition | Chief Justice of India (CJI) + 33 other judges (total 34) |
| Appointment | Appointed by President on recommendation of collegium |
| Qualifications | 5+ years as High Court judge OR 10+ years as advocate OR distinguished jurist |
| Tenure | Retires at age 65 |
| Removal | Impeachment by Parliament (difficult process) |
Jurisdiction of the Supreme Court:
| Type of Jurisdiction | Description |
|---|---|
| Original Jurisdiction | Disputes between Union and states, or between states |
| Appellate Jurisdiction | Hears appeals from High Courts |
| Advisory Jurisdiction | President can seek Supreme Court's opinion on legal matters |
| Writ Jurisdiction | Can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) to enforce Fundamental Rights |
High Courts
| Feature | Details |
|---|---|
| Number | 25 High Courts across India |
| Appointment | Chief Justice and judges appointed by President |
| Qualifications | 10+ years of judicial experience or 10+ years as advocate |
| Tenure | Retires at age 62 |
| Power | Supervises lower courts in the state; can issue writs |
Independence of the Judiciary
The Constitution ensures the independence of the judiciary through:
- Security of tenure: Judges can only be removed by a difficult impeachment process
- Salaries charged on Consolidated Fund: Not subject to annual parliamentary vote
- Prohibition on practice after retirement: Supreme Court judges cannot practice in any court
- Power of contempt: Courts can punish for contempt
Section 4: Separation of Powers
The three organs of government have distinct functions:
| Organ | Function | Members |
|---|---|---|
| Legislature (Parliament) | Makes laws | Elected representatives |
| Executive (President + PM + Council of Ministers) | Implements laws | Elected and appointed officials |
| Judiciary (Supreme Court + High Courts) | Interprets laws, settles disputes | Appointed judges |
Checks and Balances:
- The Executive is accountable to the Legislature (no-confidence motion)
- The Legislature makes laws, but the President (Executive) can veto
- The Judiciary can declare laws unconstitutional (judicial review)
- The Legislature can impeach judges (for misconduct)
- The Executive appoints judges, but the collegium system ensures independence
ICSE Exam Focus
| Question Type | Marks | Key Areas |
|---|---|---|
| Lok Sabha vs Rajya Sabha | 4 | Composition, election, powers, functions |
| The President | 3 | Election, powers, role |
| Prime Minister and Council of Ministers | 4 | Appointment, powers, functions |
| Supreme Court | 4 | Composition, jurisdiction |
| Separation of Powers | 3 | Meaning, importance, checks and balances |
Common Mistakes in ICSE Exams
| Mistake | Correction |
|---|---|
| Confusing the powers of President and PM | President is nominal head; PM is real executive head |
| Forgetting the Rajya Sabha is permanent | It is not dissolved — members serve 6-year terms |
| Ignoring the independence of judiciary | It is a cornerstone of Indian democracy |
| Mixing up the types of jurisdiction | Know original, appellate, advisory, and writ jurisdiction |
| Missing the bill-passing process | A bill becomes an Act only after President's assent |
Self-Test Questions
Q1: What is the difference between Lok Sabha and Rajya Sabha? A1: Lok Sabha is directly elected by the people for 5 years, has 552 members, and holds real power (controls the executive). Rajya Sabha is indirectly elected, is permanent (members serve 6 years), represents states, and can only delay non-money bills.
Q2: What are the powers of the President of India? A2: The President is the nominal head of state with executive (appoints PM, ministers, judges), legislative (summons Parliament, can return bills), financial (recommends Money Bills), judicial (pardons), and emergency powers.
Q3: What is the role of the Prime Minister? A3: The Prime Minister is the head of government with real executive power. The PM leads the Council of Ministers, chairs Cabinet meetings, determines policy, represents India abroad, and advises the President on appointments.
Q4: What is the jurisdiction of the Supreme Court? A4: The Supreme Court has original jurisdiction (Union-state disputes), appellate jurisdiction (appeals from High Courts), advisory jurisdiction (President can seek opinions), and writ jurisdiction (enforcing Fundamental Rights).
Q5: How does the Constitution ensure the independence of the judiciary? A5: The judiciary is independent through security of tenure (difficult removal), salaries charged on the Consolidated Fund, a ban on post-retirement practice for Supreme Court judges, and the power of contempt.
Key Facts to Remember
| Institution | Head | Term | Age of Retirement |
|---|---|---|---|
| Lok Sabha | Speaker | 5 years | — |
| Rajya Sabha | Vice President (Chairman) | 6 years (members) | — |
| President | President | 5 years | — |
| Prime Minister | PM | 5 years (as MP) | — |
| Supreme Court | CJI | Until 65 | 65 years |
| High Court | Chief Justice | Until 62 | 62 years |
Final Summary
India's three organs of government — Legislature, Executive, and Judiciary — work together within a framework of separation of powers and checks and balances. The Parliament (Lok Sabha and Rajya Sabha) makes laws. The President, Prime Minister, and Council of Ministers implement them. The Supreme Court and High Courts interpret laws, protect Fundamental Rights, and ensure that no organ exceeds its constitutional limits. This system, designed by India's Constitution-makers, ensures democratic governance while preventing the concentration of power. For ICSE students, understanding these institutions is essential for active and informed citizenship.
