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 cabinetSecond 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.

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.[1]

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 17th Lok Sabha elections was conducted in seven phases from 11 April 2019 to 19 May 2019 by the Election commission of India. That elections once again brought back single-party rule in the country, with the Bharatiya Janata Party (BJP) being able to claim a majority in the Lok Sabha.[2]

In recent decades, Indian politics has become a dynastic affair.[3] 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.[4] According to the V-Dem Democracy indices India in 2023 was the 19th most electoral democratic country in Asia.[5]

Union Government[edit]

The Government of India is modelled after the Westminster system.[6] 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.[7] 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.[8]

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.[9] 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[edit]

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.

Rajya Sabha[edit]

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.

State Governments[edit]

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[edit]

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[edit]

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[edit]

Panchayati Raj Institutions or Local self-government bodies play a crucial role in Indian politics, as it focuses on grassroot-level administration in India.

On 24 April 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight states, namely Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Odisha and Rajasthan from 24 December 1996.[10]

The Act 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.[10]

Political parties and alliances[edit]

When compared to other democracies, India has had a large number of political parties during its history under democratic governance. It has been estimated that over 200 parties were formed after India became independent in 1947. And as per the current publication report dated 23 September 2021 from the Election Commission of the India, the total number of parties registered was 2858, with 9 national parties and 54 state parties, and 2796 unrecognized parties working in country.[11]

Types of political parties[edit]

Every political party in India, whether a national or regional/state party, must have a symbol and must be registered with the Election Commission of India. Symbols are used in the Indian political system to identify political parties in part so that illiterate people can vote by recognizing the party symbols.[12]

In the current amendment to the Symbols Order, the commission has asserted the following five principles:[13]

  1. A party, national or state, must have a legislative presence.
  2. A national party's legislative presence must be in the Lok Sabha. A state party's legislative presence must be in the State Assembly.
  3. A party can set up a candidate only from amongst its own members.
  4. A party that loses its recognition shall not lose its symbol immediately but shall be allowed to use that symbol for some time to try and retrieve its status. However, the grant of such facility to the party will not mean the extension of other facilities to it, as are available to recognized parties, such as free time on Doordarshan or AIR, free supply of copies of electoral rolls, etc.
  5. Recognition should be given to a party only on the basis of its own performance in elections and not because it is a splinter group of some other recognized party.

A political party shall be eligible to be recognized as a national party if:[13]

  1. it secures at least six percent (6%) of the valid votes polled in any four or more states, at a general election to the Lok Sabha or, to the State Legislative Assembly; and .
  2. in addition, it wins at least four seats in the House of the People from any State or States.
  3. or it wins at least two percent (2%) seats in the House of the People (i.e. 11 seats in the existing House having 543 members), and these members are elected from at least three different states.

Likewise, a political party shall be entitled to be recognized as a state party, if:

  1. it secures at least six percent (6%) of the valid votes polled in the state at a general election, either to the Lok Sabha or to the Legislative Assembly of the State concerned; and
  2. in addition, it wins at least two seats in the Legislative Assembly of the state concerned.
  3. or it wins at least three percent (3%) of the total number of seats in the Legislative Assembly of the state, or at least three seats in the Assembly, whichever is more.

Party proliferation[edit]

Although a strict anti-defection law had been passed in 1984, there has been a continued tendency amongst politicians to float their own parties rather than join a broad based party such as the Congress or the BJP. Between the 1984 and 1989 elections, the number of parties contesting elections increased from 33 to 113. In the decades since, this fragmentation has continued.[14]

Alliances[edit]

Ruling parties and alliances in various state govts in India.

Corruption[edit]

India has seen political corruption for decades. Democratic institutions soon became federally owned, dissent was eliminated and a majority of citizens paid the price. India has consistently scored poorly on the Corruption Perceptions Index, with more than 39% of people paying bribes for public services. The political corruption in India is weakening its democracy and has led to the erosion of trust by the general public in the political system, as 89% of people in India recognize the widespread problem.[16][17]

Candidate selection[edit]

Indian political parties have low level of internal party democracy and therefore, in Indian elections, both at the state or national level, party candidates are typically selected by the party elites, more commonly called the party high command. The party elites use a number of criteria for selecting candidates. These include the ability of the candidates to finance their own election, their educational attainment, and the level of organization the candidates have in their respective constituencies.[18] Quite often the last criterion is associated with candidate criminality.[19]

Political issues[edit]

Door-to-door campaigning of Nationalist Congress Party workers

Law and order[edit]

Terrorism, Naxalism, religious violence and caste-related violence are important issues that affect the political environment of the Indian nation. Stringent anti-terror legislation such as TADA, POTA and MCOCA have received much political attention, both in favour and against, and some of these laws were disbanded eventually due to human rights violations.[20] However, UAPA was amended in 2019 to negative effect vis-á-vis human rights.

Terrorism has affected politics in India since its conception, be it the terrorism supported from Pakistan or the internal guerrilla groups such as Naxalites. In 1991 the former Prime Minister Rajiv Gandhi was assassinated during an election campaign.[21] The suicide bomber was later linked to the Sri Lankan terrorist group Liberation Tigers of Tamil Eelam, as it was later revealed the killing was an act of vengeance for Rajiv Gandhi sending troops in Sri Lanka against them in 1987.[21]

The Godhra train killings and the Babri Masjid demolition on 6 December 1992 resulted in nationwide communal riots in two months, with the worst occurring in Mumbai with at least 900 dead.[21][22] The riots were followed by 1993 Bombay bombings, which resulted in more deaths.

Law and order issues, such as action against organised crime are issues which do not affect the outcomes of elections. On the other hand, there is a criminal–politician nexus. Many elected legislators have criminal cases against them. In July 2008, The Washington Post reported that nearly a fourth of the 540 Indian Parliament members faced criminal charges, "including human trafficking, child prostitution, immigration rackets, embezzlement, rape and even murder".[23]

State of democracy[edit]

From 2006 to 2022 the situation of Indian democracy worsened. Indians lost state identity caused by the naxalite rebellion, little state presence in tribal areas and tensions between Hindus and minorities. The rebellions are a sign of the governments loss of power. Interreligious riots where observed. Political freedoms are limited since funding of NGOs, such as amnesty international, got more difficult due to the "Foreign Contribution (Regulation) Act", though the constitution guarantees freedom of association. Hindu-nationalist groups created a climate of intimidation over the country. Freedom of press is through the intimidation of journalists by police, criminals and politicians.[24]

In 2023, according to the Freedom in the World report by Freedom House, India was classified as a "partly free" country for the third consecutive year.[25][26] The V-Dem Democracy Indices by V-Dem Institute classify India as an 'electoral autocracy'. In 2023, it referred to India as "one of the worst autocratisers in the last 10 years".[27] According to the Democracy Index of the Economist Intelligence Unit, India is a Defective democracy.[28]

High political offices in India[edit]

President of India[edit]

On 25 July 2022, Droupadi Murmu was sworn in as India's new president, becoming India's first tribal president. Although it is largely a ceremonial post, Murmu's election as tribal woman was historic.[29]

Vice President of India[edit]

Like the president, the role of the vice-president is also ceremonial, with no real authority vested in him/her. The vice-president fills in a vacancy in the office of president (till the election of a new president). The only regular function is that the vice-president functions as the ex officio Chairman of the Rajya Sabha. No other duties/powers are vested in the office. The current vice-president is Jagdeep Dhankhar.[30]

The Prime Minister and the Union Council of Ministers[edit]

Political families[edit]

Since the 1980s, Indian politics has become dynastic, possibly due to the absence of a party organization, independent civil society associations that mobilize support for the party, and centralized financing of elections.[4] One example of dynastic politics has been the Nehru–Gandhi family which produced three Indian prime ministers. Family members have also led the Congress party for most of the period since 1978 when Indira Gandhi floated the then Congress(I) faction of the party.[31] The ruling Bharatiya Janata Party also features several senior leaders who are dynasts.[32] Dynastic politics is prevalent also in a number of political parties with regional presence such as All India Majlis-e-Ittehadul Muslimeen (AIMIM), All India Trinamool Congress (AITC), Bharat Rashtra Samithi (BRS), Desiya Murpokku Dravida Kazhagam (DMDK), Dravida Munnetra Kazhagam (DMK), Indian National Lok Dal (INLD), Jammu & Kashmir National Conference (JKNC), Jammu and Kashmir People's Democratic Party (JKPDP), Janata Dal (Secular) (JD(S)), Jharkhand Mukti Morcha (JMM), National People's Party (NPP), Nationalist Congress Party (NCP), Pattali Makkal Katchi (PMK), Rashtriya Janata Dal (RJD), Rashtriya Lok Dal (RLD), Samajwadi Party (SP), Shiromani Akali Dal (SAD), Shiv Sena (SS), Telugu Desam Party (TDP) and YSR Congress Party (YSRCP).[33]

See also[edit]

References[edit]

  1. ^ M. Lakshmikanth 2012, pp. 389–390.
  2. ^ "General Election 2014". Election Commission of India. Archived from the original on 23 May 2014. Retrieved 21 May 2014.
  3. ^ "Need for accountability in politics of dynasty". dailypioneer.com. Archived from the original on 17 January 2017. Retrieved 17 January 2017.
  4. ^ a b Chhibber⇑, Pradeep (March 2013). "Dynastic parties Organization, finance and impact". Party Politics. 19 (2): 277–295. doi:10.1177/1354068811406995. S2CID 144781444.
  5. ^ V-Dem Institute (2023). "The V-Dem Dataset". Retrieved 14 October 2023.
  6. ^ "A prime ministerial form of government". The Hindu. 16 June 2014. ISSN 0971-751X. Retrieved 25 May 2024.
  7. ^ "Government of India, Structure of Government of India". Elections in India. Retrieved 25 May 2024.
  8. ^ "Constitution of India | National Portal of India". web.archive.org. 11 November 2019. Retrieved 25 May 2024.
  9. ^ "Criminal Laws - Evidence Act, Criminal procedure Code,Indian Penal Code, Criminal Lawyer". www.legalserviceindia.com. Retrieved 25 May 2024.
  10. ^ a b Laxmikanth, M (2017). Indian Polity. McGraw Hill. p. 1145.
  11. ^ Chander 2001, pp. 389–390.
  12. ^ Krzysztof Iwanek (2 November 2016). "The Curious Stories of Indian Party Symbols". The Diplomat. Archived from the original on 19 April 2017. Retrieved 19 April 2017.
  13. ^ a b "Election Commission of India Press Note". Archived from the original on 5 March 2016. Retrieved 13 March 2014.
  14. ^ Hicken & Kuhonta 2014, p. 205.
  15. ^ Agrawal, Puroshottam (1 September 1999). "Identity debate clouds India's elections". Le Monde diplomatique. Retrieved 20 September 2022.
  16. ^ "India". Transparency.org. 31 January 2023. Retrieved 9 September 2023.
  17. ^ "INDIANMIRROR- Political Corruption in India".
  18. ^ "How political parties choose their candidates to win elections". Hindustan Times. No. 26 March 2018. Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  19. ^ Vaishnav, Milan (2011). Caste Politics, Credibility and Criminality: Political Selection in India. APSA 2011 Annual Meeting. SSRN 1899847.
  20. ^ "Anti-Terrorism Legislation". Human rights watch. 20 November 2001. Archived from the original on 3 July 2017. Retrieved 6 August 2019.
  21. ^ a b c Guha 2008, pp. 637–659.
  22. ^ "Shiv Sainiks will maintain peace post-Ayodhya verdict: Uddhav". Hindustan Times. HT Media Ltd. Archived from the original on 3 March 2014. Retrieved 13 March 2014.
  23. ^ Wax, Emily (24 July 2008). "With Indian Politics, the Bad Gets Worse". The Washington Post. Archived from the original on 8 November 2012. Retrieved 22 May 2010.
  24. ^ "BTI 2022 India Country Report". BTI 2022. Retrieved 8 August 2023.
  25. ^ Krishnankutty, Pia (13 March 2023). "Freedom 'losing ground' — India ranked 'partly free' for 3rd year by US non-profit Freedom House". ThePrint.
  26. ^ "India rated 'partially free' in Freedom House report for third straight year". Scroll.in. 11 March 2023.
  27. ^ "India Is 'One of the Worst Autocratisers in the Last 10 Years,' Says 2023 V-Dem Report". The Wire. 7 March 2023.
  28. ^ Dutta, Anisha (22 June 2023). "India secretly works to preserve reputation on global Democracy Index". The Guardian.
  29. ^ "Droupadi Murmu: India's first tribal president takes oath". BBC News. 25 July 2022.
  30. ^ "Profile | Vice President of India | Government of India". vicepresidentofindia.nic.in. Retrieved 18 September 2022.
  31. ^ Basu & Chandra 2016, p. 136.
  32. ^ "Is the BJP less dynastic than the Congress? Not so, Lok Sabha data shows". 29 March 2019.
  33. ^ Chandra 2016, pp. 131, 136.

Bibliography[edit]

Further reading[edit]

External links[edit]