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Government of India
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{{Short description|Legislative, executive and judiciary authority of India}}{{Pp|reason=Persistent |small=yes}}{{Use Indian English|date=December 2023}}{{Use dmy dates|date=December 2023}}







factoids
| image = Government of India logo.svg| image_size = 250px| caption = Logo of Government of IndiaIndian Constitution>Indian Constitution of 1950Republic of India}}| website = {{official URL}}Parliament of India>ParliamentNew Parliament House, New Delhi>Parliament House| leader_title = President of India along with Union Council of Ministers headed by the Prime Minister of India| departments = Union Council of Ministers, Union Government ministries of IndiaSecretariat Building, New Delhi>Central Secretariat| court = Supreme Court of India| chief_justice_label = Chief Justice| chief_justice = Chief Justice of India|government_form = }}{{Politics of India}}The Government of India{{efn|(ISO: {{transliteration|hi|ISO|Bhārata Sarakāra}}}} (GoI), constitutionally known as the Union Government and also called the Central Government, is the national authority of the Republic of India, a federal republic located in South Asia, consisting of 28 states and eight union territories.The government, seated in New Delhi, has three primary branches: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, a prime minister, and the Supreme Court respectively, with a president as head of state. Judicial appointments are made with negligible say from the executive or legislature.{{citation needed|date=May 2024}}

Etymology and history

{{Expand section|date=June 2022}}The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet “Government of India”.WEB,www.britannica.com/event/Government-of-India-Acts, Government of India Acts | United Kingdom | Britannica, 4 June 2022, 4 June 2022,web.archive.org/web/20220604230000/https://www.britannica.com/event/Government-of-India-Acts, live,

Basic structure

The Government of India is modelled after the Westminster system.NEWS,www.thehindu.com/opinion/op-ed/a-prime-ministerial-form-of-government/article6120400.ece, A prime ministerial form of government, Subramanian, K., 17 June 2014, The Hindu, 9 March 2018, 0971-751X, 13119119, 10 June 2018,www.thehindu.com/opinion/op-ed/a-prime-ministerial-form-of-government/article6120400.ece," title="web.archive.org/web/20180610072155www.thehindu.com/opinion/op-ed/a-prime-ministerial-form-of-government/article6120400.ece,">web.archive.org/web/20180610072155www.thehindu.com/opinion/op-ed/a-prime-ministerial-form-of-government/article6120400.ece, live, The Union 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.WEB,www.elections.in/government/, Government of India, Structure of Government India, elections.com, 8 January 2018, 19 May 2017, 21 May 2017,www.elections.in/government/," title="web.archive.org/web/20170521132635www.elections.in/government/,">web.archive.org/web/20170521132635www.elections.in/government/, live, 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 several district courts, all inferior to the supreme court.WEB,india.gov.in/my-government/constitution-india, Constitution of India’s definition of India, Indiagovt.in,web.archive.org/web/20191111125035/https://www.india.gov.in/my-government/constitution-india, 11 November 2019, dead, 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.WEB,www.legalserviceindia.com/Criminallaws/criminal_law.htm, Legal services India on Criminal laws in India, Legal Services India, 11 April 2018, 28 March 2018,legalserviceindia.com/Criminallaws/criminal_law.htm," title="web.archive.org/web/20180328020227legalserviceindia.com/Criminallaws/criminal_law.htm,">web.archive.org/web/20180328020227legalserviceindia.com/Criminallaws/criminal_law.htm, live, 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.NEWS,ijlljs.in/structure-of-indian-legal-system-orignal-orign-and-development-dheeraj-kumar-tiwari-bb-a-ll-b-1st-year-siddhartha-law-collegedehradun-uttarakhand/, Structure of Indian Legal System: Original Origin and Development, Dheeraj Kumar Tiwari, International Journal of Law and Legal Jurisprudence Studies, 19 May 2017, 8 June 2017,ijlljs.in/structure-of-indian-legal-system-orignal-orign-and-development-dheeraj-kumar-tiwari-bb-a-ll-b-1st-year-siddhartha-law-collegedehradun-uttarakhand/," title="web.archive.org/web/20170608234531ijlljs.in/structure-of-indian-legal-system-orignal-orign-and-development-dheeraj-kumar-tiwari-bb-a-ll-b-1st-year-siddhartha-law-collegedehradun-uttarakhand/,">web.archive.org/web/20170608234531ijlljs.in/structure-of-indian-legal-system-orignal-orign-and-development-dheeraj-kumar-tiwari-bb-a-ll-b-1st-year-siddhartha-law-collegedehradun-uttarakhand/, live, The full name of the country is the Republic of India. India and Bharat are equally official short names for the Republic of India in the Constitution,BOOK, India, A. M., Buckley, ABDO Publishing Company, 2012, 978-1-61787-625-7, Edina, Minnesota, 767886738, and both names appears on legal banknotes, in treaties and in legal cases. The terms “Union government”, “central government” and “{{transliteration|hi|ISO|bhārat sarkār}}” are often used officially and unofficially to refer to the government of India.{{Citation needed|date=July 2017}} The term New Delhi is commonly used as a metonym for the Union government,NEWS, Das, Nairita, 2012-06-14, Why Raisina Hills, is so important for Indian Politicians?, One India,www.oneindia.com/2012/06/14/why-raisina-hill-so-important-for-indian-politicians-1018252.html?story=1, 2022-07-23, 23 July 2022,web.archive.org/web/20220723144338/https://www.oneindia.com/2012/06/14/why-raisina-hill-so-important-for-indian-politicians-1018252.html?story=1, live, as the seat of the central government is in New Delhi.

Legislature

File:Glimpses of the new Parliament Building, in New Delhi (2).jpg|thumb|left|Building of the Parliament of IndiaParliament of IndiaThe powers of the legislature in India are exercised by the Parliament, a bicameral legislature consisting of the Rajya Sabha and the Lok Sabha. Of the two houses of parliament, the Rajya Sabha (or the ‘Council of States’) is considered to be the upper house and consists of members appointed by the president and elected by the state and territorial legislatures. The Lok Sabha (or the ‘House of the People’) is considered the lower house.BOOK, Cultural Perspectives on Youth Justice: Connecting Theory, Policy and International Practise, 978-1-137-43397-8, 186,books.google.com/books?isbn=1137433973, 10 May 2017, Arnull, Elaine, Fox, Darrell, 29 June 2016, Springer, 14 July 2022,web.archive.org/web/20220714053953/https://www.google.com/search?tbo=p&tbm=bks&q=ISBN1137433973&google_abuse=GOOGLE_ABUSE_EXEMPTION%3DID%3D614091833f082527:TM%3D1657777193:C%3D%3E:IP%3D207.241.232.188-:S%3DFNOYOqpKvknwH1pjMbRenw%3B+path%3D/%3B+domain%3Dgoogle.com%3B+expires%3DThu,+14-Jul-2022+08:39:53+GMT, live, The parliament does not have complete control and sovereignty, as its laws are subject to judicial review by the Supreme Court.NEWS,www.thehindu.com/todays-paper/tp-national/Parliaments-actions-subject-to-judicial-review-court/article14704694.ece, Parliament’s actions subject to judicial review: court, The Hindu, 19 July 2017, 8 January 2020,web.archive.org/web/20200108183753/https://www.thehindu.com/todays-paper/tp-national/Parliaments-actions-subject-to-judicial-review-court/article14704694.ece, live, However, it does exercise some control over the executive. The members of the Council of Ministers, including the prime minister, are either chosen from parliament or elected there within six months of assuming office.NEWS,www.lawteacher.net/free-law-essays/administrative-law/indian-constitution-and-parliamentary-government-administrative-law-essay.php, Indian Constitution And Parliamentary Government {{!, Law Teacher|access-date=20 July 2017|archive-date=17 September 2017|archive-url=https://web.archive.org/web/20170917213650www.lawteacher.net/free-law-essays/administrative-law/indian-constitution-and-parliamentary-government-administrative-law-essay.php|url-status=live}} The council as a whole is responsible to the Lok Sabha.BOOK,books.google.com/books?id=DY1CAQAAQBAJ&q=parliament+control+executive&pg=SA5-PA9, Governance in India, Laxmikanth, Tata McGraw-Hill Education, 978-0-07-107466-7, en, 11 November 2020, 11 June 2021,web.archive.org/web/20210611230658/https://books.google.com/books?id=DY1CAQAAQBAJ&q=parliament+control+executive&pg=SA5-PA9, live, The Lok Sabha is a temporary house and can be dissolved only when the party in power loses the support of the majority of the house. The Rajya Sabha is a permanent house and can never be dissolved. The members of the Rajya Sabha are elected for a six-year term.WEB,www.parliamentofindia.nic.in/ls/intro/p1.htm,www.parliamentofindia.nic.in/ls/intro/p1.htm," title="web.archive.org/web/20041228040812www.parliamentofindia.nic.in/ls/intro/p1.htm,">web.archive.org/web/20041228040812www.parliamentofindia.nic.in/ls/intro/p1.htm, dead, 28 December 2004, Our Parliament, www.parliamentofindia.nic.in, 20 July 2017,

Executive

The executive of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers.BOOK,books.google.com/books?id=Rn2QDAAAQBAJ&q=The+Executive+Branch+of+government+of+India+is+the+one+that+has+sole+authority+and+responsibility+for+the+daily+administration+of+the+state+bureaucracy.+The+division+of+power+into+separate+branches+of+government+is+central+to+the+republican+idea+of+the+separation+of+powers.+President&pg=PA186, Cultural Perspectives on Youth Justice: Connecting Theory, Policy and International Practice, Arnull, Elaine, Fox, Darrell, 29 June 2016, Springer, 978-1-137-43397-8, en, 11 November 2020, 11 June 2021,web.archive.org/web/20210611230607/https://books.google.com/books?id=Rn2QDAAAQBAJ&q=The+Executive+Branch+of+government+of+India+is+the+one+that+has+sole+authority+and+responsibility+for+the+daily+administration+of+the+state+bureaucracy.+The+division+of+power+into+separate+branches+of+government+is+central+to+the+republican+idea+of+the+separation+of+powers.+President&pg=PA186, live,

President

The executive power is vested mainly in the President of India, as per Article 53(1) of the constitution. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1). The president is to act following aid and advice tendered by the Prime Minister, who leads the Council of Ministers as described in Article 74 of the Constitution.The council of ministers remains in power during the ‘pleasure’ of the president. However, in practice, the council of ministers must retain the support of the Lok Sabha. If a president were to dismiss the council of ministers on his or her initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it holds the support of a majority in the Lok Sabha.The President is responsible for appointing many high officials in India. These high officials include the governors of the 28 states; the chief justice; other judges of the supreme court and high courts on the advice of other judges; the attorney general; the comptroller and auditor general; the chief election commissioner and other election commissioners; the chairman and members of the Union Public Service Commission; the officers of the All India Services (IAS, IFoS and IPS) and Central Civil Services in group ‘A’; and the ambassadors and high commissioners to other countries on the recommendations of the Council of Ministers.BOOK, Pratiyogita Darpan, Pratiyogita Darpan,books.google.com/books?id=5ugDAAAAMBAJ&pg=PT60, March 2007, Pratiyogita Darpan, 60, 15 November 2015, 7 January 2016,web.archive.org/web/20160107002040/https://books.google.com/books?id=5ugDAAAAMBAJ&pg=PT60, live, BOOK, The Constitution of India, Bakshi, Parvinrai Mulwantrai, Universal Law Pub. Co, 2010, 978-8175348400, 10th, New Delhi, 48, 551377953, The President, as the head of state, also receives the credentials of ambassadors from other countries, while the prime minister, as head of government, receives credentials of high commissioners from other members of the Commonwealth, in line with historical tradition.The President is the de jure commander-in-chief of the Indian Armed Forces.BOOK, Oldenburg, Philip, India, Pakistan, and Democracy: Solving the Puzzle of Divergent Paths,books.google.com/books?id=V6nras7L790C&pg=PA71, 2010, Taylor & Francis, 978-0-415-78018-6, 71, 15 November 2015, 7 January 2016,web.archive.org/web/20160107002040/https://books.google.com/books?id=V6nras7L790C&pg=PA71, live, The President of India can grant a pardon to or reduce the sentence of a convicted person once, particularly in cases involving the punishment of death. The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most other cases, however, the president exercises his or her executive powers on the advice of the prime minister.Kumar; Rajesh. Universal’s Guide to the Constitution of India {{Webarchive|url=https://web.archive.org/web/20160107002040books.google.com/books?id=an78gq3JwzYC&pg=PA72 |date=7 January 2016 }} Pg no. 72. Presently, the President of India is Droupadi Murmu.

Vice president

The vice president is the second-highest constitutional position in India after the president. The vice president represents the nation in the absence of the president and takes charge as acting president in the incident of resignation impeachment or removal of the president. The vice president also has the legislative function of acting as the chairman of the Rajya Sabha.WEB,www.importantindia.com/2059/functions-of-the-vice-president-of-india/, Important India functions of vicepresident, 10 May 2017, 20 September 2017,www.importantindia.com/2059/functions-of-the-vice-president-of-india/," title="web.archive.org/web/20170920074801www.importantindia.com/2059/functions-of-the-vice-president-of-india/,">web.archive.org/web/20170920074801www.importantindia.com/2059/functions-of-the-vice-president-of-india/, dead, The vice president is elected indirectly by members of an electoral college consisting of the members of both the houses of the parliament following the system of proportional representation employing the single transferable vote and the voting is by secret ballot conducted by the election commission.

Prime minister

File:New Delhi government block 03-2016 img5.jpg|thumb|The Rashtrapati Bhawan complex, with North and South Block housing the Prime Minister’s Office, Cabinet Secretariat, Ministry of DefenceMinistry of DefenceThe Prime Minister of India, as addressed in the Constitution of India, is the chief executive of the government and the leader of the majority party that holds a majority in the Lok Sabha. The prime minister leads the executive of the Government of India.The prime minister is the senior member of the cabinet in the executive government in a parliamentary system. The prime minister selects and can dismiss other members of the cabinet; allocates posts to members within the Government; is the presiding member and chairman of the cabinet and is responsible for bringing a proposal of legislation. The resignation or death of the prime minister dissolves the cabinet.The prime minister is appointed by the president to assist the latter in the administration of the affairs of the executive.

Cabinet, ministries and agencies

(File:Government of India hierarchy.svg|alt=|thumb|678x678px|The organizational structure of a department of the Government of India.)The Union Council of Ministers includes the prime minister, Cabinet Ministers and Ministers of State (MoS).Cabinet Ministers (as on 26 May 2014). Cabsec.nic.in. Retrieved 6 December 2013. {{webarchive |url=https://web.archive.org/web/20140527214936pmindia.gov.in/details9.php |date=27 May 2014 }} Each minister must be a member of one of the houses of the parliament. The cabinet is headed by the prime minister, and is advised by the cabinet secretary, who also acts as the head of the Indian Administrative Service and other civil services. Other members of the council are either union cabinet ministers, who are heads of various ministries; or ministers of state, who are junior members who report directly to one of the cabinet ministers, often overseeing a specific aspect of government; or ministers of state (independent charges), who do not report to a cabinet minister. As per article 88 of the constitution, every minister shall have the right to speak in, and to take part in the proceedings of, either house, any joint sitting of the houses, and any committee of parliament of which he may be named a member, but shall not be entitled to a vote in the house where he is not a member.

Secretaries

A secretary to the Government of India, a civil servant, generally an Indian Administrative Service (IAS) officer,NEWS,www.hindustantimes.com/india/parity-between-ias-and-non-ias-the-ias-will-get-to-decide/story-9RijZjXY4DeaPlvo8m25mJ.html, Parity between IAS and non-IAS? The IAS will get to decide, Tikku, Aloke, 15 January 2016, Hindustan Times, 13 August 2017, 13 August 2017,www.hindustantimes.com/india/parity-between-ias-and-non-ias-the-ias-will-get-to-decide/story-9RijZjXY4DeaPlvo8m25mJ.html," title="web.archive.org/web/20170813055556www.hindustantimes.com/india/parity-between-ias-and-non-ias-the-ias-will-get-to-decide/story-9RijZjXY4DeaPlvo8m25mJ.html,">web.archive.org/web/20170813055556www.hindustantimes.com/india/parity-between-ias-and-non-ias-the-ias-will-get-to-decide/story-9RijZjXY4DeaPlvo8m25mJ.html, live, NEWS,www.asianage.com/india/non-ias-bureaucrats-now-eligible-secretary-level-posts-288, Non-IAS bureaucrats now eligible for secretary-level posts, 18 January 2016, The Asian Age, 13 August 2017, 14 July 2022,web.archive.org/web/20220714053948/https://www.asianage.com/india/non-ias-bureaucrats-now-eligible-secretary-level-posts-288, live, NEWS,www.ndtv.com/india-news/need-pay-parity-with-ias-officers-say-officials-of-20-civil-services-1426279, Need Pay Parity With IAS Officers, Say Officials of 20 Civil Services, 30 June 2016, NDTV, 13 August 2017, 13 August 2017,www.ndtv.com/india-news/need-pay-parity-with-ias-officers-say-officials-of-20-civil-services-1426279," title="web.archive.org/web/20170813142643www.ndtv.com/india-news/need-pay-parity-with-ias-officers-say-officials-of-20-civil-services-1426279,">web.archive.org/web/20170813142643www.ndtv.com/india-news/need-pay-parity-with-ias-officers-say-officials-of-20-civil-services-1426279, live, NEWS,indianexpress.com/article/india/alleging-bias-non-ias-officers-petition-pm-modi-4473316/, subscription, Alleging bias, non-IAS officers petition PM Modi, Dastidar, Avishek G, 14 January 2017, The Indian Express, 13 August 2017, 13 August 2017,indianexpress.com/article/india/alleging-bias-non-ias-officers-petition-pm-modi-4473316/," title="web.archive.org/web/20170813055642indianexpress.com/article/india/alleging-bias-non-ias-officers-petition-pm-modi-4473316/,">web.archive.org/web/20170813055642indianexpress.com/article/india/alleging-bias-non-ias-officers-petition-pm-modi-4473316/, live, is the administrative head of the ministry or department, and is the principal adviser to the minister on all matters of policy and administration within the ministry/department.BOOK, Governance in India, Laxmikanth, M., McGraw Hill Education, 2014, 978-9339204785, Noida, 3.1–3.10, 2nd, WEB,darpg.gov.in/sites/default/files/CSMOP_0_0.pdf, Central Secretariat Manual of Office Procedure – 14th Edition (2015), Ministry of Personnel, Public Grievances and Pensions (India), Ministry of Personnel, Public Grievances and Pension, 6, 15 November 2016, 15 November 2016,darpg.gov.in/sites/default/files/CSMOP_0_0.pdf," title="web.archive.org/web/20161115133401darpg.gov.in/sites/default/files/CSMOP_0_0.pdf,">web.archive.org/web/20161115133401darpg.gov.in/sites/default/files/CSMOP_0_0.pdf, live, Secretaries to the Government of India rank 23rd on Indian order of precedence. Secretaries at the higher level are assisted by one or many additional secretaries, who are further assisted by joint secretaries. At the middle they are assisted by directors/deputy secretaries and under secretaries. At the lower level, there are section officers, assistant section officers, upper division clerks, lower division clerks and other secretarial staff.{| class=“wikitable mw-collapsible“|+Ministries and departments of the Government of India!#!Ministry!Department(s)! rowspan=“2” |1Prime Minister’s OfficeDepartment of Atomic Energy>Department of Atomic Energy|Department of Space! rowspan=“2” |2Ministry of Agriculture and Farmers Welfare|Department of Agriculture and Farmers Welfare|Department of Agricultural Research and Education!3|Ministry of Ayush|! rowspan=“3” |4Ministry of Chemicals and Fertilizers|Department of Chemicals and Petrochemicals|Department of Fertilizers|Department of Pharmaceuticals!5Ministry of Civil Aviation (India)>Ministry of Civil Aviation|!6|Ministry of Co-operation|!7|Ministry of Coal|! rowspan=“2” |8Ministry of Commerce and Industry|Department for Promotion of Industry and Internal Trade|Department of Commerce! rowspan=“2” |9Ministry of CommunicationsIndia Post>Department of Posts|Department of Telecommunications! rowspan=“2” |10Ministry of Consumer Affairs, Food and Public Distribution|Department of Consumer Affairs|Department of Food and Public Distribution!11|Ministry of Corporate Affairs|!12Ministry of Culture (India)>Ministry of Culture|! rowspan=“5” |13Ministry of Defence|Department of Defence|Department of Defence Production|Department of Defence Research and Development|Department of Ex-servicemen Welfare|Department of Military Affairs!14|Ministry of Development of North Eastern Region|!15|Ministry of Earth Sciences|! rowspan=“2” |16Ministry of EducationDepartment of Higher Education (India)>Department of Higher Education|Department of School Education and Literacy!17|Ministry of Electronics and Information Technology|!18|Ministry of Environment, Forest and Climate Change|!19Ministry of External Affairs (India)>Ministry of External Affairs|! rowspan=“6” |20Ministry of Finance|Department of Economic Affairs|Department of Expenditure|Department of Financial Services|Department of Investment and Public Asset Management|Department of Public Enterprises|Department of Revenue!21|Ministry of Fisheries, Animal Husbandry and Dairying|Department of Animal Husbandry, Dairying & Fisheries!22|Ministry of Food Processing Industries|! rowspan=“3” |23Ministry of Health and Family Welfare|Department of Family Welfare|Department of Health|Department of Health Research!24|Ministry of Heavy Industries|! rowspan=“6” |25Ministry of Home Affairs|Department of Border Management|Department of Home|Department of Internal Security|Department of Jammu, Kashmir and Ladakh Affairs|Department of Official Language|Department of States!26|Ministry of Housing and Urban Affairs|Central Public Works Department!27Ministry of Information and Broadcasting (India)>Ministry of Information and Broadcasting|!28|Ministry of Jal Shakti|!29Ministry of Labour and Employment (India)>Ministry of Labour and Employment|! rowspan=“3” |30Ministry of Law and Justice|Department of Legal Affairs|Department of Justice|Legislative Department!31|Ministry of Micro, Small and Medium Enterprises|!32Ministry of Mines (India)>Ministry of Mines|!33|Ministry of Minority Affairs|!34|Ministry of New and Renewable Energy|!35|Ministry of Panchayati Raj|!36Ministry of Parliamentary Affairs (India)>Ministry of Parliamentary Affairs|! rowspan=“3” |37Ministry of Personnel, Public Grievances and Pensions|Department of Administrative Reforms & Public Grievances|Department of Pension and Pensioners’ Welfare|Department of Personnel and Training!38|Ministry of Petroleum and Natural Gas|!39Ministry of Planning (India)>Ministry of Planning|!40|Ministry of Ports, Shipping and Waterways|!41Ministry of Power (India)>Ministry of Power|!42Ministry of Railways (India)>Ministry of Railways|!43|Ministry of Road Transport and Highways|! rowspan=“2” |44Ministry of Rural Development|Department of Land Resources|Department of Rural Development! rowspan=“3” |45Ministry of Science and Technology|Department of Biotechnology|Department of Scientific and Industrial ResearchDepartment of Science and Technology (India)>Department of Science and Technology!46|Ministry of Skill Development and Entrepreneurship|! rowspan=“2” |47Ministry of Social Justice and Empowerment|Department of Empowerment of Persons with Disabilities|Department of Social Justice and Empowerment!48|Ministry of Statistics and Programme Implementation|!49|Ministry of Steel|!50|Ministry of Textiles|!51Ministry of Tourism (India)>Ministry of Tourism|!52|Ministry of Tribal Affairs|!53|Ministry of Women and Child Development|! rowspan=“2” |54Ministry of Youth Affairs and Sports|Department of Youth Affairs|Department of Sports

Civil services

The Civil Services of India are the civil services and the permanent bureaucracy of India. The executive decisions are implemented by the Indian civil servants.In the parliamentary democracy of India, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people based on universal adult suffrage. The ministers are indirectly responsible to the people themselves. But the handful of ministers is not expected to deal personally with the various problems of modern administration. Thus the ministers lay down the policy and it is for the civil servants to enforce it.

Cabinet secretary

The cabinet secretary (IAST: {{IAST|Maṃtrimaṇḍala Saciva}}) is the top-most executive official and senior-most civil servant of the Government of India. The cabinet secretary is the ex-officio head of the Civil Services Board, the Cabinet Secretariat, the Indian Administrative Service (IAS) and the head of all civil services under the rules of business of the government.The cabinet secretary is generally the senior-most officer of the Indian Administrative Service. The cabinet secretary ranks 11th on the Indian order of precedence.WEB,rajyasabha.nic.in/rsnew/guidline_govt_mp/chap11.pdf, Order of Precedence, 26 July 1979, Rajya Sabha, President’s Secretariat, 24 September 2017, 4 July 2014,rajyasabha.nic.in/rsnew/guidline_govt_mp/chap11.pdf," title="web.archive.org/web/20140704022423rajyasabha.nic.in/rsnew/guidline_govt_mp/chap11.pdf,">web.archive.org/web/20140704022423rajyasabha.nic.in/rsnew/guidline_govt_mp/chap11.pdf, live, WEB,mha.nic.in/sites/upload_files/mha/files/table_of_precedence.pdf, Table of Precedence, 26 July 1979, Ministry of Home Affairs (India), Ministry of Home Affairs, Government of India, President’s Secretariat,mha.nic.in/sites/upload_files/mha/files/table_of_precedence.pdf," title="web.archive.org/web/20140527155701mha.nic.in/sites/upload_files/mha/files/table_of_precedence.pdf,">web.archive.org/web/20140527155701mha.nic.in/sites/upload_files/mha/files/table_of_precedence.pdf, 27 May 2014, dead, 24 September 2017, WEB,mha.nic.in/hindi/top, Table of Precedence, Ministry of Home Affairs (India), Ministry of Home Affairs, Government of India, President’s Secretariat,mha.nic.in/hindi/top," title="web.archive.org/web/20140428030937mha.nic.in/hindi/top,">web.archive.org/web/20140428030937mha.nic.in/hindi/top, 28 April 2014, dead, 24 September 2017, BOOK, Indian Administration, Maheshwari, S.R., Orient Blackswan Private Ltd., 2000, 9788125019886, New Delhi, 6th, The cabinet secretary is under the direct charge of the prime minister. Presently, the Cabinet Secretary of India is Rajiv Gauba, IAS.

Judiciary

India’s independent union judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of the chief justice and 33 associate justices, all appointed by the president on the advice of the Chief Justice of India. The jury trials were abolished in India in the early 1960s, after the famous case KM Nanavati v. the State of Maharashtra, for reasons of being vulnerable to media and public pressure, as well as to being misled.Unlike its United States counterpart, the Indian justice system consists of a unitary system at both state and union levels. The judiciary consists of the Supreme Court of India, high courts at the state level, and district courts and Sessions Courts at the district level.

Supreme Court

File:Supreme Court of India - 200705.jpg|thumb|Building of the alt=Building of the Supreme Court of India.The Supreme Court of India is situated in New Delhi, the capital region of India.The Supreme Court is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review. Consisting of the Chief Justice of India and 33 sanctioned other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.WEB,data.worldjusticeproject.org/#, Rule of law index 2016, 13 January 2018, 29 April 2015,data.worldjusticeproject.org/," title="web.archive.org/web/20150429071718data.worldjusticeproject.org/,">web.archive.org/web/20150429071718data.worldjusticeproject.org/, dead, As the final court of appeal of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in the country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by the president. It also may take cognisance of matters on its own (or ‘suo moto’), without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments.WEB,supremecourtofindia.nic.in/supct/scm/m2.pdf, History of Supreme Court of India, Supreme Court of India,www.supremecourtofindia.nic.in/supct/scm/m2.pdf," title="web.archive.org/web/20141222100038www.supremecourtofindia.nic.in/supct/scm/m2.pdf,">web.archive.org/web/20141222100038www.supremecourtofindia.nic.in/supct/scm/m2.pdf, 22 December 2014, dead, 30 August 2014, Per s: Constitution of India/Part V|Article 142]], it is the duty of the president to enforce the decrees of the supreme court.In addition, Article 32 of the constitution gives an extensive original jurisdiction to the supreme court concerning enforcing 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 the 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 and the supreme court. Although the proceedings in the supreme court arise out of the judgment or orders made by the subordinate courts, of late{{When|date=April 2023}} the supreme court has started entertaining matters in which the interest of the public at large is involved. This may be done 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 the Chief Justice of India, highlighting the question of public importance for redress. These are known as public interest litigations.WEB,www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html, PIL, LegalServicesIndia, 10 May 2017, 28 April 2017,www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html," title="web.archive.org/web/20170428094327www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html,">web.archive.org/web/20170428094327www.legalserviceindia.com/article/l273-Public-Interest-Litigation.html, live,

Elections and voting

{{See also|Election Commission of India}}India has a quasi-federal form of government, called “union” or “central” government,WEB,lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf, The Constitution of India, 16 July 2016, dead,lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf," title="web.archive.org/web/20160416084719lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf,">web.archive.org/web/20160416084719lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf, 16 April 2016, with elected officials at the union, state and local levels. At the national level, the head of government, the prime minister, is appointed by the president of India from the party or coalition that has the majority of seats in the Lok Sabha. The members of the Lok Sabha are directly elected for a term of five years by universal adult suffrage through a first-past-the-post voting system. Members of the Rajya Sabha, which represents the states, are elected by the members of State legislative assemblies by proportional representation, except for 12 members who are nominated by the president.India is currently the largest democracy in the world, with around 900 million eligible voters, as of 2019.WEB,economictimes.indiatimes.com/news/elections/lok-sabha/indian-voter-population-is-900-million/articleshow/68345392.cms, Indian voter population is 900 million, 10 March 2019, The Economic Times, 24 May 2019, 26 April 2019,web.archive.org/web/20190426184028/https://economictimes.indiatimes.com/news/elections/lok-sabha/indian-voter-population-is-900-million/articleshow/68345392.cms, dead,

State and local governments

{{More citations needed section|date=March 2021}}In India, power is divided between the governments of the union and the states of India,JOURNAL, Jagannadham, V., 1947, Division of Powers in the Indian Constitution,www.jstor.org/stable/42743171, The Indian Journal of Political Science, 8, 3, 742–751, 42743171, the latter being ruled by the chiefs ministers.JOURNAL, Prasad, R. C., Local Government and Development in India, International Political Science Review, 1980, 1, 2, 265–279, 10.1177/019251218000100210, 1600996, 145673733,www.jstor.org/stable/1600996, The state legislature is bicameral in five states and unicameral in the rest.JOURNAL, de Miñón, Miguel Herrero, The Passing of Bicameralism, The American Journal of Comparative Law, 1975, 23, 2, 236–254, 10.2307/839106, 839106,www.jstor.org/stable/839106, The lower house is elected with a five-year term, while in the upper house one-third of the members in the house gets elected every two years with six-year terms.Local governments function at the basic level. It is the third level of government apart from union and state governments. It consists of panchayats in rural areas and municipalities in urban areas. They are elected directly or indirectly by the people.

Finance

{{See also|Reserve Bank of India}}

Taxation

File:RBI-Tower.jpg|thumb|Reserve Bank of IndiaReserve Bank of IndiaIndia has a three-tier tax structure, wherein the constitution empowers the union government to levy income tax, tax on capital transactions (wealth tax, inheritance tax), sales tax, service tax, customs and excise duties and the state governments to levy sales tax on intrastate sale of goods, taxon entertainment and professions, excise duties on manufacture of alcohol, stamp duties on transfer of property and collect land revenue (levy on land owned). The local governments are empowered by the state government to levy property tax and charge users for public utilities like water supply, sewage etc.JOURNAL, Bernardi, Luigi, Fraschini, Angela, Tax System And Tax Reforms in India, 2005, Working paper n. 51,ideas.repec.org/p/uca/ucapdv/45.html, Polis Working Papers, 15 November 2015, 29 June 2017,web.archive.org/web/20170629132746/https://ideas.repec.org/p/uca/ucapdv/45.html, live, More than half of the revenues of the union and state governments come from taxes, of which 3/4 come from direct taxes. More than a quarter of the union government’s tax revenues are shared with the state governments.Tax revenue was 88% of total union government revenue in 1950–51 and has come down to 73% in 2003–04, as a result of the increase in non-tax revenue. Tax revenues were 70% of total state government revenues from 2002 to 2003. Indirect taxes were 84% of the union government’s total tax revenue and have come down to 62% in 2003–04, mostly because of cuts in import duties and rationalisation. The state’s share in the union government’s tax revenue is 28.0% for the period 2000 to 2005 as per the recommendations of the eleventh finance commission. In addition, states that do not levy sales tax on sugar, textiles and tobacco, are entitled to 1.5% of the proceeds.BOOK, Datt, Ruddar, Sundharam, K.P.M., Indian Economy, S.Chand, 2005, 81-219-0298-3, 938, 942, 946, The tax reforms, initiated in 1991, have sought to rationalise the tax structure and increase compliance by taking steps in the following directions: The non-tax revenues of the central government come from fiscal services, interest receipts, public sector dividends, etc., while the non-tax revenues of the States are grants from the central government, interest receipts, dividends and income from general, economic and social services.BOOK, Datt, Ruddar, Sundharam, K. P. M., Indian Economy, 943–945, 55, Inter-state share in the union tax pool is decided by the recommendations of the Finance Commission to the president.Total tax receipts of Centre and State amount to approximately 18% of national GDP. This compares to a figure of 37–45% in the OECD.

Union budget

The Finance minister of India usually presents the annual union budget in the parliament on the last working day of February. However, for the F.Y. 2017–18, this tradition had been changed. Now the budget will be presented on the 1st day of February. The budget has to be passed by the Lok Sabha before it can come into effect on 1 April, the start of India’s fiscal year. The Union budget is preceded by an economic survey which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial yearWEB,www.ibef.org/economy/union-budget-2017-18, Union Budget 2017–18, ibef.org, 21 July 2017, 25 March 2017,web.archive.org/web/20170325104858/https://www.ibef.org/economy/union-budget-2017-18, live, India’s non-development revenue expenditure had increased nearly five-fold in 2003–04 since 1990–91 and more than tenfold from 1985 to 1986. Interest payments are the single largest item of expenditure and accounted for more than 40% of the total non-development expenditure in the 2003–04 budget. Defence expenditure increased fourfold during the same period and has been increasing to defend from a difficult neighbourhood and external terror threats. In 2020–21, India’s defence budget stood at {{INRConvert|4.71|t|year=2020}}.

Issues

Corruption

In 2009, several ministers are accused of corruption and nearly a quarter of the 543 elected members of parliament had been charged with crimes, including murder.When the Little Ones Run the Show (quote from the New Delhi based Association for Democratic Reform) {{Webarchive|url=https://web.archive.org/web/20181215123223www.washingtonpost.com/wp-dyn/content/article/2009/05/13/AR2009051303758.html |date=15 December 2018 }}. The Washington Post. Retrieved 14 May 2009. Many of the biggest scandals since 2010 have involved high-level government officials, including cabinet ministers and chief ministers, such as the 2010 Commonwealth Games scam ({{INRConvert|700|b|year=2010}}), the Adarsh Housing Society scam, the Coal Mining Scam ({{INRConvert|1.86|t|year=2010}}), the mining scandal in Karnataka and the cash-for-votes scandal.

See also

References

{{Reflist}}{{Notelist}}

Further reading

  • Subrata K. Mitra and V. B. Singh (1999). Democracy and Social Change in India: A Cross-Sectional Analysis of the National Electorate. New Delhi: Sage Publications. {{ISBN|81-7036-809-X}} (India HB), {{ISBN|0-7619-9344-4}} (US HB).

External links

{{Commons category}} {{India topics}}{{Government of India}}{{Cabinet of India}}{{Asia topic|Government of|title=Governments of Asia|TW=Government of the Republic of China}}{{Union ministries of India}}{{Authority control}}

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