Chapter 4: Institutional Structures of the Indian National State: Continuities and Breaks with the Colonial Apparatus
Introduction for Student-Teachers:
Dear future teachers, when India became independent, we didn't just get a new
flag. We had to build a new nation. The big question was: Should we throw out
every system the British left behind, or could we adapt some for our own use?
This chapter explores how India's current government structure—the
Constitution, Parliament, Courts, and Executive—is a mix of continuity (keeping
some useful colonial systems) and break (changing them to
reflect our democratic values). Understanding this will help you explain to
children why our government works the way it does.
4.1 INSTITUTIONAL STRUCTURE OF THE INDIAN STATE
The Foundation: The Constitution of India
Our Constitution is the supreme rule book for governing
India. It was created by the Constituent Assembly (elected in
1946), which worked for 2 years, 11 months, and 18 days.
Key Figures:
- Chairman
of the Drafting Committee: Dr. B.R. Ambedkar (often called
the Chief Architect of the Constitution).
- President
of the Constituent Assembly: Dr. Rajendra Prasad (who later
became India's first President).
Adopted on: 26 November 1949 (celebrated
as Constitution Day).
Came into Effect on: 26 January 1950 (celebrated as Republic
Day).
The Constitution defines India as a Sovereign,
Socialist, Secular, Democratic Republic.
The Three Pillars of Indian Governance
Imagine a school. The Principal (Executive)
runs daily affairs, the School Committee (Legislature) makes
the rules, and the Disciplinary Committee (Judiciary) ensures
rules are fair and followed. India's government works similarly through three
branches:
I. The Legislature (Parliament) – The Law-Making Body
Structure: The Indian Parliament has three
parts:
- The
President
- The
Lok Sabha (House of the People)
- The
Rajya Sabha (Council of States)
A. Lok Sabha (Lower House)
- Members: Maximum
550, currently 543.
- Election: Directly
elected by the people of India (18+ years) for 5 years.
- Role: The
major law-making house. It controls the nation's purse (money bills).
- Example: When
you vote in a general election (like in 2019 or 2024), you are electing
your MP to the Lok Sabha.
B. Rajya Sabha (Upper House)
- Members: Maximum
250 (238 elected, 12 nominated by the President for expertise in arts,
science, etc.).
- Election: Indirectly
elected by State Legislative Assembly members.
- Role: Represents
the states, provides expert opinion, reviews laws passed by
Lok Sabha. It is a permanent house, not dissolved.
- Example: A
famous singer or scientist might be nominated to the Rajya Sabha for their
contributions.
Continuity from Colonial Era: The Parliamentary
system (Lok Sabha & Rajya Sabha) is based on the British model.
The Government of India Acts (1919, 1935) had already established legislative
councils.
Break from Colonial Era:
- Universal
Adult Franchise: Under the British, voting rights were extremely
limited (based on property, education). Independent India gave every
adult citizen the right to vote from Day 1—a revolutionary step.
- Sovereign
Power: The British Parliament was supreme. In India, the Constitution
is supreme, and Parliament works within its limits.
II. The Judiciary – The Justice System
Structure: A single, integrated pyramid:
- Supreme
Court (at the top, in New Delhi)
- High
Courts (in each state, e.g., Punjab & Haryana High Court in
Chandigarh)
- District
and Subordinate Courts (in every district)
Key Features:
- Independence
of Judiciary:
- Judges
have security of tenure (cannot be removed easily).
- The
Executive (government) cannot interfere in judicial decisions.
- Continuity: The
British established a court system. The Supreme Court replaced the
Federal Court of colonial India.
- Break: Colonial
courts served the British Crown. Our courts are guardians of the
Constitution and citizens' rights.
- Judicial
Review:
- The
Supreme Court has the power to strike down any law passed
by Parliament or actions of the Executive if they violate the
Constitution.
- Example: If
Parliament passed a law taking away the Right to Education, the Supreme
Court could declare it unconstitutional. This is a major break from
the colonial era where no court could challenge British laws.
- Public
Interest Litigation (PIL):
- A
unique Indian innovation. It allows any citizen or group to file a case
in court for protecting public interest (e.g., against
pollution, for homeless rights).
- This
breaks from the traditional colonial-style system where only the affected
party could file a case.
III. The Executive – The Implementing Body
A. The President (Head of State)
- Role: The
formal, constitutional head of India. All government actions are taken in
his/her name.
- Election: Indirectly
elected by an Electoral College (MPs and State MLAs).
- Powers: Mostly
exercised on the advice of the Council of Ministers (the
real executive). Has some special powers during emergencies.
B. The Prime Minister and Council of Ministers (Head of
Government)
- The
Real Executive: Led by the Prime Minister, this is the team that
actually runs the government. They must have the support of the majority
in the Lok Sabha.
- Continuity: The
post of Prime Minister and the Cabinet system is borrowed from the British
Westminster model.
- Break: The
British Viceroy was appointed by the Crown and was not responsible to
Indians. Our Prime Minister is directly accountable to the
people's representatives in Lok Sabha.
C. The Civil Services
- The
permanent bureaucracy (like IAS, IPS officers) that helps implement
policies.
- Continuity: The
Indian Administrative Service (IAS) succeeded the Indian Civil Service
(ICS) of the British Raj.
- Break: The
ICS was meant to control and rule. The IAS is meant to serve and
develop the nation, with a focus on welfare.
4.2 WHAT IS A NATION-STATE?
Simple Definition: A nation-state is
a country where the majority of its people feel a sense of common identity,
shared history, and loyalty to the state. It combines a "nation" (a
people with a shared identity) with a "state" (a political governing
unit).
Key Characteristics:
- Defined
Territory: Clear geographical borders.
- Permanent
Population: People living within its borders.
- Sovereign
Government: Has the highest authority, free from external
control.
- Common
Identity: A sense of "we-ness" among citizens.
- International
Recognition: Other countries accept it as an independent state.
Example: France, Japan, and Egypt are often
cited as classic nation-states where language, culture, and political
boundaries largely overlap.
4.3 IS INDIA A NATION-STATE? A UNIQUE MODEL
This is a vital debate for us as Indians.
The Argument Against (The Colonial View):
British rulers like John Strachey (1888) said: "There
is no such thing as an Indian nation... The differences between a Punjabi, a
Bengali, a Tamil are greater than between a Spaniard and a German." They
argued India was just a collection of distinct races, religions, and
cultures—too diverse to be a true nation-state.
The Indian Reality – "Unity in Diversity":
India redefined the concept of a nation-state. We are not a
nation-state based on one language, one religion, or one ethnicity. We are
a "State-Nation" or a "Civic
Nation."
Why India is a Unique, Successful Nation-State:
- Political
Unity in Cultural Diversity:
- The
Constitution creates a single citizenship for all
Indians, regardless of birthplace, language, or religion.
- We
have 22 Official Languages (with Hindi and English as
official Union languages), but one Constitution.
- People
celebrate Diwali, Eid, Christmas, Gurpurab, and Vaisakhi with equal
fervor.
- Constitutional
Patriotism: Our common identity is based on adherence to
the ideals of the Constitution—democracy, secularism, equality, and
justice. An Indian is anyone who believes in these values and the
sovereignty of India.
- Federalism
with a Unitary Bias: The Constitution balances unity and
diversity. States like Punjab, Tamil Nadu, and Nagaland have powers to
preserve their cultural identity, but all are integral parts of the Indian
Union.
- Shared
History and Struggle: A collective memory of the freedom struggle
against colonial rule binds us together.
Punjab as a Microcosm:
Punjab itself shows this unity in diversity. It is home to Sikhs, Hindus,
Muslims, and Christians. People speak Punjabi, but also Hindi and Urdu. They
celebrate Lohri, Baisakhi, and Diwali. Yet, a Punjabi is fiercely proud of
being an Indian. This is the essence of India's nationhood.
Conclusion on India as a Nation-State:
India is not a traditional nation-state but a modern,
pluralistic, constitutional nation-state. It proves that a strong national
identity can be built not on uniformity, but on the respectful coexistence of
stunning diversity. Our institutional structures were designed precisely to
hold this diversity together while moving forward as one nation.
EXERCISE: QUESTIONS & DETAILED ANSWERS
1. Describe the institutional structure of the Indian
state.
Introduction:
The institutional structure of the Indian state is the carefully designed
framework established by the Constitution to govern the world's largest
democracy. It is based on the separation of powers among three
organs, ensuring a system of checks and balances to prevent the concentration
of authority.
Detailed Description:
1. The Legislature (Parliament):
- Function: The
supreme law-making body.
- Structure: Bicameral,
consisting of:
- Lok
Sabha (House of the People): Directly elected representatives of
the people. It is the primary house for financial matters and overseeing
the government.
- Rajya
Sabha (Council of States): Represents the states of India. It
reviews legislation from the Lok Sabha and provides a platform for
experienced experts.
- The
President: The integral head of Parliament who gives final
assent to bills.
2. The Executive:
- Function: Responsible
for the implementation of laws and the day-to-day administration of the
country.
- Structure:
- The
President: The formal, constitutional head of state.
- The
Prime Minister and Council of Ministers: The real executive
power. The Prime Minister is the head of government, leading the Council
of Ministers who are collectively responsible to the Lok Sabha.
- The
Civil Services: The permanent administrative machinery (e.g.,
IAS, IPS) that assists the ministers in policy implementation.
3. The Judiciary:
- Function: Interprets
the Constitution and laws, administers justice, and protects the
fundamental rights of citizens.
- Structure: A
single, integrated, and hierarchical system:
- Supreme
Court: The apex court with original, appellate, and advisory
jurisdiction. It is the guardian of the Constitution.
- High
Courts: The highest courts in each state.
- Subordinate
Courts: District and lower courts that handle most cases.
Interrelation:
These institutions are not watertight. They work in coordination and exercise
checks on each other. For example, the Judiciary can review laws made by the
Legislature (Judicial Review), and the Legislature can impeach judges in cases
of misconduct.
Conclusion:
This tripartite structure ensures that India functions as a stable, democratic
republic where power is distributed, accountable, and exercised within the
limits set by the Constitution.
2. According to the Indian constitution give your views
on the present institutional structure of the Indian state.
Introduction:
The present institutional structure of India, as ordained by the Constitution,
is a robust and resilient framework that has guided the nation for over seven
decades. In my view, while it has been largely successful, it faces
contemporary challenges that require introspection and reform.
Analysis Based on Constitutional Principles:
Strengths (Constitutional Successes):
- Democratic
Stability: The structure has ensured smooth transitions of power
through regular, free, and fair elections—a testament to the strength of
our parliamentary democracy.
- Protector
of Rights: An independent judiciary, through tools like Judicial
Review and PIL, has been a powerful protector of
fundamental rights and a check on arbitrary power.
- Accommodation
of Diversity: The federal structure, with powers divided between
the Union and States, has successfully managed India's immense linguistic
and cultural diversity, preserving the ideal of "Unity in
Diversity."
- Rule
of Law: The structure establishes the supremacy of the
Constitution, ensuring that all institutions and individuals are
governed by the same set of laws.
Challenges and Areas for Concern:
- Criminalization
of Politics: The constitutional intent of having representatives
of high calibre is undermined by the increasing number of legislators with
criminal cases.
- Delay
in Justice: The judiciary, while independent, is overburdened,
leading to inordinate delays in justice delivery, which contradicts the
constitutional promise of justice for all.
- Centralizing
Tendencies: At times, the balance of federalism tilts towards the
centre, causing tensions with states and challenging the cooperative
federalism envisioned in the Constitution.
- Accountability
of Executive: While collectively responsible to Parliament, the
executive sometimes seems to dominate the legislature, weakening thorough
debate and scrutiny.
Conclusion:
The present institutional structure is a remarkable gift of the Constitution
that has preserved democracy and unity. However, its effectiveness is
diminished not by flaws in its design, but by the erosion of its norms and
spirit. The need of the hour is not to alter the basic structure, but to
revitalize its functioning by ensuring greater transparency, accountability,
and adherence to constitutional morality by all public institutions.
3. Submit your thoughts about what is a national state?
Write down its features.
Introduction:
A nation-state is a modern political ideal that forms the basis of the
international order. It is a complex fusion of cultural identity and political
sovereignty, where a shared sense of belonging legitimizes the governing
authority within a defined territory.
My Thoughts and Key Features:
In my understanding, a nation-state is more than just a
country on a map. It is a political community where the
state's political boundaries coincide with the cultural boundaries of a nation,
creating a deep sense of shared destiny among its people.
Essential Features of a Nation-State:
- Sovereignty: It
possesses supreme and independent authority over its territory. No
external power can dictate its laws or policies.
- Defined
Territory: It has clearly recognized and fixed geographical
borders.
- Permanent
Population: It is inhabited by a stable community of people who
see the state as their homeland.
- Common
Identity and Nationalism: The population shares a common sense of
identity. This can be based on a mix of:
- Shared
history, myths, and memories.
- Common
culture (language, traditions, symbols).
- A
collective political will to live together.
- A
Single, Centralized Government: It has an organized governmental
structure that exercises effective control over its territory and
population, and represents the state in international affairs.
- The
Principle of Self-Determination: The nation has the right to
govern itself and determine its own political future.
- International
Recognition: It is acknowledged as a sovereign entity by other
nation-states in the global community.
Conclusion:
The nation-state is therefore the primary building block of world politics. It
represents the aspiration for a political unit where governance is an
expression of a people's common identity and collective will. However, in
today's globalized world, the classic model of the homogeneous nation-state
(like France or Japan) is increasingly rare, making pluralistic models like
India's "state-nation" particularly significant.
4. Is India a national state? Explain it.
Introduction:
The question of whether India is a nation-state is central to understanding its
unique political identity. While India does not fit the classic European model
of a nation-state based on ethnic or linguistic homogeneity, it has
successfully forged a modern, pluralistic, and constitutional
nation-state.
Explanation:
Arguments that India is NOT a Classic Nation-State:
- Immense
Diversity: India is home to extraordinary diversity in religion,
language, caste, and ethnicity. There is no single, common racial,
linguistic, or religious identity that defines all Indians.
- Historical
Formation: Unlike many European nations, India's boundaries as a
modern state were not drawn around a pre-existing, homogeneous nation. It
was a civilizational entity with many kingdoms, unified under colonial
rule and later as a republic.
Arguments that India IS a Unique Nation-State (A
"State-Nation"):
- Constitutional
Patriotism as the Unifying Force: India's nationhood is a political
and civic construct. The shared identity is based on a common
commitment to the ideals of the Constitution—democracy,
secularism, socialism, justice, liberty, and equality. An Indian is anyone
who subscribes to this constitutional compact.
- "Unity
in Diversity" as a Deliberate Project: The Indian state does
not suppress diversity to create uniformity. Instead, it recognizes and
celebrates pluralism through policies like linguistic reorganization of
states, cultural autonomy, and the protection of minority rights.
This accommodation itself strengthens national unity.
- A
Shared Historical Narrative: A collective memory of the anti-colonial
freedom struggle provides a powerful, unifying historical
narrative that binds people across regions and communities.
- Successful
Democratic Integration: Despite predictions of Balkanization,
Indian democracy has held the country together. Regular elections, a
unified legal system, and a common economic space foster a sense of shared
political community.
- Emotional
Sovereignty: Most Indians, whether from Punjab, Tamil Nadu, or
Nagaland, feel a strong sense of belonging to the Indian Union and take
pride in its achievements, especially in contrast to neighboring
nation-states.
Punjab's Case: A Punjabi may be fiercely proud
of Punjabi language and culture, but this identity is nested within a larger
Indian identity. This layered identity is the hallmark of India's nation-state
model.
Conclusion:
India is not a nation-state in the traditional, homogenizing sense. It is
a post-colonial "state-nation"—a state that has
consciously nurtured a sense of common nationhood among its immensely diverse
population through democratic institutions, constitutional values, and
inclusive policies. It stands as a powerful alternative model, proving that
political unity can be forged not from uniformity, but from a respectful and
equal partnership of many diversities.
