SPI Polity · Government Structure — Parliament, Judiciary and Constitutional Bodies
Organs of Government, Parliament and Elections
The three organs of government and the levels they work at, how Parliament and a state legislature pass laws and who may sit in them, and how the Election Commission runs elections and recognises parties.
Why this matters
Eight questions in the bank, three of them from the 2022 paper: an article number, a minimum age and the rule for a national party. Six are EASY, but the 2022 HARD one prints the numbers 5, 6, four and five in its options, so a rule learnt nearly right still loses the mark. Learn the numbers exactly.
Concept 1 of 3: The three organs and the levels of government
Government does three jobs: make laws, carry them out, and settle disputes about them. Giving each job to a different organ means no one organ can do as it likes, because the other two can check it. Government also works at three levels, and each level takes the problems of its own size.
Definition
- The legislature makes laws, the executive carries them out, and the judiciary interprets them and settles disputes.
- Separation of powers divides power among the three organs, so each checks the others: a system of checks and balances.
- India has three levels of government: the Central (Union) Government for the whole country, the State Governments, and local government (panchayats and municipalities).
- The Constitution divides subjects into three lists: the Union List (such as defence, foreign affairs, banking, currency), the State List (such as police, agriculture, irrigation) and the Concurrent List (such as education, forests, marriage), on which both may make laws.
- A problem bigger than one state, such as a flood across many states, needs the Central Government. The National Disaster Management Authority is chaired by the Prime Minister.
| Organ or level | Job |
|---|---|
| Legislature | Makes laws |
| Executive | Carries out the laws |
| Judiciary | Interprets laws and settles disputes |
| Central Government | Union List and matters of the whole country |
| State Government | State List: police, agriculture, irrigation |
| Local government | Village and city matters |
Concurrent List subjects such as education and forests can be made law by both the Centre and the states.
Practice this conceptself-check · 5 quick reps
The same idea in a practice question:
Practice questionEasy
Example 1 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Organs of Government, Parliament and Elections
The separation of powers ensures -
Separation is not sameness
Separation of powers gives each organ a different job and lets each check the others. It does not make all organs do the same work, and it does not put all power with the judiciary.
Many states means the Centre
A flood in one district is first a state's job. A disaster across several states is beyond any one state, so the answer is the Central Government.
Concept 2 of 3: Parliament, the state legislature and who may sit in them
Parliament has two Houses. The Lok Sabha is chosen directly by the people, so it has the last word on money. The Rajya Sabha represents the states and can only advise on a money bill. Every House sets a minimum age for its members, and the House with the longer view asks for an older member.
Definition
- Parliament is the President and the two Houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
- The Lok Sabha is elected for five years. The Rajya Sabha is never dissolved: its members serve six years and one-third retire every two years. The President nominates 12 of its members.
- A money bill can be brought only in the Lok Sabha. The Rajya Sabha must return it within 14 days, with or without recommendations, and the Lok Sabha need not accept them (Article 109).
- A state's legislature is the Legislative Assembly and, in a few states, also a Legislative Council.
- The Speaker presides over the Lok Sabha; the Vice-President is the Chairman of the Rajya Sabha.
| Office or House | Minimum age |
|---|---|
| Voter | 18 years |
| Lok Sabha member | 25 years |
| Legislative Assembly member | 25 years |
| Rajya Sabha member | 30 years |
| Legislative Council member | 30 years |
| President or Vice-President | 35 years |
The two directly elected Houses ask 25; the two upper Houses ask 30; the President asks 35.
Practice this conceptself-check · 6 quick reps
The same idea in a real exam question:
SPI · 2022 · SPI Entrance Examination 2022 · Q122Moderate
Example 2 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Organs of Government, Parliament and Elections
Minimum age to be a member of Legislative Council is____years.
25 for the lower Houses, 30 for the upper
Lok Sabha and Legislative Assembly members must be 25; Rajya Sabha and Legislative Council members must be 30. 35 is for the President and the Vice-President.
Fourteen days, not a month
On a money bill the Rajya Sabha has only 14 days. If it does not return the bill in that time, the bill is taken as passed by both Houses.
The Rajya Sabha is not dissolved
The Lok Sabha is elected for five years and then dissolved. The Rajya Sabha goes on, with one-third of its members retiring every two years.
Concept 3 of 3: The Election Commission, party recognition and the words of elections
Elections are run by an independent body set up by the Constitution itself, so the party in power cannot control them. The same body decides which parties count as national or state parties, using fixed numbers that the bank asks exactly.
Definition
- The Election Commission of India is set up under Article 324. It is headed by the Chief Election Commissioner, appointed by the President.
- A party is recognised as a national party if it gets at least 6% of the votes in Lok Sabha or Assembly elections in four states and wins at least four seats in the Lok Sabha.
- A party is a state party if it gets at least 6% of the votes in a state's Assembly election and wins at least two seats.
- Every candidate files an affidavit, a signed and sworn statement, giving details of criminal cases, property and education.
- Defection is leaving the party on whose ticket one was elected for another party. The anti-defection law (the Tenth Schedule, added by the 52nd Amendment of 1985) can disqualify such a member.
| Term or rule | Meaning |
|---|---|
| Election Commission | Article 324; headed by the Chief Election Commissioner |
| National party | 6% of votes in four states and 4 Lok Sabha seats |
| State party | 6% of votes in a state's Assembly election and 2 seats |
| Affidavit | A signed, sworn statement of one's own details |
| Defection | Leaving one's party for another after being elected |
| Coalition | Parties joining together to form a government |
Practice this conceptself-check · 5 quick reps
The same idea in a real exam question:
SPI · 2022 · SPI Entrance Examination 2022 · Q106Easy
Example 3 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Organs of Government, Parliament and Elections
The Election Commission has been established under Article____of the Indian Constitution.
6% and four, not 5% or five
The national-party rule is 6% of the votes in four states with four Lok Sabha seats. If the options offer only 5 and four, 5 and five, or 6 and five, the answer is None of these.
Defection is not a coalition
Defection is one member switching parties after the election. A coalition is parties joining to form a government; partisanship is strong loyalty to one party.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (3)
The three organs and the levels of government6 rows
| Organ or level | Job |
|---|---|
| Legislature | Makes laws |
| Executive | Carries out the laws |
| Judiciary | Interprets laws and settles disputes |
| Central Government | Union List and matters of the whole country |
| State Government | State List: police, agriculture, irrigation |
| Local government | Village and city matters |
Concurrent List subjects such as education and forests can be made law by both the Centre and the states.
Parliament, the state legislature and who may sit in them6 rows
| Office or House | Minimum age |
|---|---|
| Voter | 18 years |
| Lok Sabha member | 25 years |
| Legislative Assembly member | 25 years |
| Rajya Sabha member | 30 years |
| Legislative Council member | 30 years |
| President or Vice-President | 35 years |
The two directly elected Houses ask 25; the two upper Houses ask 30; the President asks 35.
The Election Commission, party recognition and the words of elections6 rows
| Term or rule | Meaning |
|---|---|
| Election Commission | Article 324; headed by the Chief Election Commissioner |
| National party | 6% of votes in four states and 4 Lok Sabha seats |
| State party | 6% of votes in a state's Assembly election and 2 seats |
| Affidavit | A signed, sworn statement of one's own details |
| Defection | Leaving one's party for another after being elected |
| Coalition | Parties joining together to form a government |
Watch out for (7)
- Separation is not sameness→ The three organs and the levels of government
- Many states means the Centre→ The three organs and the levels of government
- 25 for the lower Houses, 30 for the upper→ Parliament, the state legislature and who may sit in them
- Fourteen days, not a month→ Parliament, the state legislature and who may sit in them
- The Rajya Sabha is not dissolved→ Parliament, the state legislature and who may sit in them
- 6% and four, not 5% or five→ The Election Commission, party recognition and the words of elections
- Defection is not a coalition→ The Election Commission, party recognition and the words of elections
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