The Governance System (Indian Polity and Governance)

Rule of Law is one of the ideals of political morality and the government which is based on principles of law and not of men. It acts as a building block for the formation of a democratic society.

It is based on the four universal principles - just law, open government, impartial and accessible justice, and accountability. The term 'Rule of Law' is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in the various judgements.

Rule of Law has been declared by the Supreme Court as one of the basic features of the Constitution and is seen as an integral part of good governance. It is the cornerstone of our democracy, so we must have an independent and impartial judiciary which is the preserver and protector of the Rule of Law.

The constitution establishes the Parliamentary system not only at the centre but also in the states. Hence, the Constitution is the source of authority for both central and state governments.

However, the United Kingdom, being a democratic country, does not have a written constitution; on the contrary, non-democratic countries do have some form of constitution to maneuver the functioning of the Government.

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

Parts

• A "Part" of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes.
• The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country's legal, administrative, or governmental framework.
• Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
  
  Articles
• An "Article" refers to a specific provision or clause within the Constitution that details various aspects of the country's legal and governmental framework.
• Each part of the constitution contains several articles numbered sequentially.
• Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles.
  
  Schedules
• A "Schedule" refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions.
• They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
• Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimum necessities for a good life.

Features of welfare state in India

• Striving to achieve social goals: Through Directive Principles, the State strives to achieve various common social goals like conservation of the environment.
  gender equality, representation to depressed communities etc.
• Ensuring Food Security: India has achieved food security for its citizens by the Green Revolution, White Revolution and currently working on Nutritional Security by implementing the National Nutrition Mission.
• Redistribution of wealth: So as to reduce inequalities have been affected in the form of Land Reforms, Progressive Taxation Policy, Subsidies etc.
• Profiteering is made subservient to the common good by strict laws like the Companies Act, Prevention of Corruption Act, etc.
• Means of livelihood is provided through various programmes like MGNREGA.

The Preamble describes a socialist state as an ideal to be realized by India. To provide for political equality, India has adopted the principle of 'Adult Franchise". Communist state, however is not the philosophy of the Constitution of India.

The advantages of the parliamentary system are as follows:

• Better coordination between the executive and the legislature: Since the executive is a part of the legislature, and generally the majority of the legislature
  support the government, it is easier to pass laws and implement them.
• Prevents authoritarianism: Since the executive is responsible to the legislature, and can vote it out in a motion of no confidence, there is no authoritarianism. Also, unlike the presidential system, power is not concentrated in one hand.
• Responsible government: The members of the legislature can ask questions and discuss matters of public interest and put pressure on the government. The parliament can check the activities of the executive,
• Representing diverse groups: In this system, the parliament offers representation to diverse groups of the country. This is especially important for a country like India.
• Flexibility: There is flexibility in the system as the PM can be changed easily if needed. During the Second World War, the British PM Neville Chamberlain was replaced by Winston Churchill. This is unlike the presidential systern where he/she can be replaced only after the entire term or in case of Impeachment/incapacity.

• The Indian Constitution vests sovereignty in the people, who exercise their power through the right to vote and elect their representatives.
• India follows a parliamentary system where the executive branch (the Council of Ministers headed by the Prime Minister) is responsible to the legislature (Parliament).
• Elections are held regularly for both the Lok Sabha (the lower house of Parliament) and state legislative assemblies, ensuring that the government remains accountable to the people.
• The Constitution of India serves as the supreme legal document, defining the structure of the government, distribution of powers, and fundamental rights of citizens.
• The Constitution also provides for the separation of powers between the legislative, executive, and judicial branches of government, ensuring a system of checks and balances.
• The judiciary has the power of judicial review, meaning it can review laws passed by the legislature and actions of the executive to ensure they comply with the Constitution.
• India has a federal structure with both the Union (central) government and state governments having their respective spheres of power.
  The Indian judiciary is independent of the other two branches of government, ensuring impartial justice and upholding the rule of law.

Features of the Presidential System
1. The executive (President) can veto acts by the legislature.
2. The President has a fixed tenure and cannot be removed by a vote of no-confidence in the legislature.
3. Generally, the President has the power to pardon or commute judicial sentences awarded to criminals.
4. The President is elected directly by the people or by an electoral college.