The National Security Act, 1980 Enactment Date: [27th December, 1980.]

Act Objective: An Act to provide for preventive detention in certain cases and for matters connected therewith. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: --

2. Definitions. In this Act, unless the context otherwise requires, --

(a) "appropriate Government" means, as respects a detention order made by the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer subordinate to a State.

Legislative branch

The constitution designates the Parliament of India as the legislative branch to oversee the operation of the government. India's bicameral parliament consists of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Council of Ministers is held responsible to the Lok Sabha.

The government can enact laws and ordinances as required for the governance of the country. However, laws and ordinances have to be passed by the legislative branch in order to be effected. Parliament sessions are conducted to discuss, analyze and pass the laws tabled as Acts. Any law is first proposed as a bill in the lower house. If the lower house approves the bill in current form, the bill is then proposed to be enacted in the upper house. If not, the bill is sent for amendment and then tabled again so as to be passed as an Act. Even if the bill is passed in the lower house, the upper house has the right to reject the proposed bill and send it back to the government for amending the bill. Therefore, it can be said that the governance of India takes place under two processes; the executive process and the legislative process. Ideally, the governance cannot be done through the individual processes alone. After the Bill is passed by both the houses, the President signs the Bill as an Act. Thus the legislative branch also acts under the name of the President, like the executive branch.

Ordinances are laws that are passed in lieu of Acts, when the parliament is not in session. When the parliament is in recess, the President assumes the legislative powers of both the houses temporarily, under Part V: Chapter III - Article 335 of the Constitution of India. The government has to propose a law to the President during such periods. If the President is fully satisfied with the bill, and signs the bill, it becomes an ordinance. The powers of ordinances are temporary, and each ordinance has to be tabled in the parliament when the houses reassemble. The President also has the right to withdraw an ordinance.

Central and State Governments

The central government exercises its broad administrative powers in the name of the President, whose duties are largely ceremonial. The president and vice president are elected indirectly for 5-year terms by a special electoral college. The vice president assumes the office of president in case of the death or resignation of the incumbent president.

The constitution designates the governance of India under two branches namely the executive branch and Real national executive power is centered in the Council of Ministers, led by the Prime Minister of India. The President appoints the Prime Minister, who is designated by legislators of the political party or coalition commanding a parliamentary majority. The President then appoints subordinate ministers on the advice of the Prime Minister. In reality, the President has no discretion on the question of whom to appoint as Prime Minister except when no political party or coalition of parties gains a majority in the Lok Sabha. Once the Prime Minister has been appointed, the President has no discretion on any other matter whatsoever, including the appointment of ministers. But all Central Government decisions are nominally taken in his name.

POLITICS OF INDIA AN INTRODUCTION

Politics of India take place in a framework of a federal parliamentary multi-party representative democratic republic modeled after the British Westminster System. The Prime Minister of India is the head of government, while the President of India is the formal head of state and holds substantial reserve powers, placing him or her in approximately the same position as the British monarch. Executive power is exercised by the government. Federal legislative power is vested in both the government and the two chambers of the Parliament of India. The judiciary is independent of the executive and the legislature.

According to its constitution, India is a "sovereign socialist secular democratic republic." India is the largest state by population with a democratically-elected government. Like the United States, India has a federal form of government, however, the central government in India has greater power in relation to its states, and its central government is patterned after the British parliamentary system. Regarding the former, "the Centre", the national government, can and has dismissed state governments if no majority party or coalition is able to form a government or under specific Constitutional clauses, and can impose direct federal rule known as President's rule. Locally, the Panchayati Raj system has several administrative functions.

For most of the years since independence, the federal government has been led by the Indian National Congress (INC),^[1] Politics in the states have been dominated by several national parties including the INC, the Bharatiya Janata Party (BJP), the Communist Party of India (Marxist) (CPI(M)) and various regional parties. From 1950 to 1990, barring two brief periods, the INC enjoyed a parliamentary majority. The INC was out of power between 1977 and 1980, when the Janata Party won the election owing to public discontent with the corruption of the then Prime Minister Indira Gandhi. In 1989, a Janata Dal-led National Front coalition in alliance with the Left Front coalition won the elections but managed to stay in power for only two years.^[2] As the 1991 elections gave no political party a majority, the INC formed a minority government under Prime Minister P.V. Narasimha Rao and was able to complete its five-year term.^[3] The years 1996–1998 were a period of turmoil in the federal government with several short-lived alliances holding sway. The BJP formed a government briefly in 1996, followed by the United Front coalition that excluded both the BJP and the INC. In 1998, the BJP formed the National Democratic Alliance (NDA) with several other parties and became the first non-Congress government to complete a full five-year term.^[4] In the 2004 Indian elections, the INC won the largest number of Lok Sabha seats and formed a government with a coalition called the United Progressive Alliance (UPA), supported by various parties.^[5] In the 2009 Lok Sabha Elections, it won again with a surprising majority, the INC itself winning more than 200 seats.