Republic of India • A federal republic with a parliamentary system of government • capital: New Delhi 2nd most populous nation • Population: over 1 1/4 billion • Growing at 1.2% a year (vs. 0.4% in China) • More than a quarter aged 14 or younger • Most Indians aged 28 or younger A nation of diversity: religions • Religions: – Hindu (~80%) – Muslim (~14%) – Christian, Sikh, etc. • all major religions in the world are present • one of the major causes of conflict • religion can become a political vehicle for social movement Brief history • One of the world’s oldest civilizations – 5,000 years • foreign incursions – Aryans, Arabs, Turks, Portugal, France, and Britain – from 1,500 B.C. to 19th Century A.D. 190 years of British colonial rule • Informal colonial rule through the British East India Company (1750s-1850s) • formal colonial rule after the Mutiny rebellion of 1857 Struggle for independence • Indian National Congress was formed in 1885 • non-violent resistance to colonial rule • Mohandas Gandhi (1869-1948) – transformed INC – unity within diversity – non-cooperation movement • Nehru (1889-1964) Independence & partition • Division of the subcontinent (1947) – India – Pakistan Republic of India • Prime Minister Nehru (1947-1964) • His daughter (Indira Gandhi) as Prime Minister (1966-1977, 1980-1984) Nehru’s legacies • His grandson – Rajiv Gandhi – Prime Minister (1984-1989) • His granddaughter-in-law – Sonja Gandhi – Congress party president (1999 - ) World’s largest democracy • Resilient democratic institutions, processes, and legitimacy – except 1975-1977 – Indira Gandhi declared national emergency • politics in India is characterized by – governments of precarious coalitions – weakened political institutions – political activism along ethnic lines A federal system • 26 states and 6 centrally administered Union Territories – 2 states are partially claimed by Pakistan and China Federal system • Relatively centralized • federal government controls the most essential government functions – defense – foreign policy – taxation – public expenditures – economic (industrial) planning Federal system • state governments formally control – agriculture – education – law and order within states – dependent on central government for funds Federal system • Balance of power between central and state governments – varies by time and place – state power was constrained • during the rule of Nehru and Indira Gandhi – state governments have more room to maneuver • when central government is weak • since 1998 Federal system • considerable center-state conflict when ruling political party in a state is different from national ruling party Parallel state structure • Formal political structure of the states parallels that of the national government • national state • President Governor • Prime Minister Chief Minister • Parliament Assembly • Supreme Court High Court The legislature • Parliamentary system of government – the executive authority is responsible to the Parliament The legislature • bicameral Parliament – Rajya Sabha (Council of States) – Lok Sabha (House of the People) Rajya Sabha (Council of States) • The Upper House Upper House • Rajya Sabha (Council of States) • not more than 250 members – 12 are nominated by the President of India – the rest are indirectly elected • by state Legislative Assemblies • The Council of States can not be dissolved – members have terms of 6 years – 1/3 members retire at end of every 2nd year Lok Sabha • House of the People Lower House • Lok Sabha (House of the People) • 545 members – 2 are appointed by the President of India – the rest are directly elected from single- member districts • 5-year terms unless dissolved • Lok Sabha elects its presiding officer – the Speaker Lok Sabha • Elections held at least every 5 years • Prime Minister may call elections earlier • 543 single-member districts of roughly equal population • party nomination • 1st-past-the-post – winner-take-all • women’s share Elections to Lok Sabha • Vote share of 3 major political parties Indian National Congress • India’s oldest political party – since 1885 • India’s premier political party – until 1990s • in 1960s many regional parties started challenging INC’s monopoly on power Bharatiya Janata Party (BJP) • The major political party in India today • right-leaning, Hindu-nationalist party – first major party to mobilize explicitly on the basis of religious identity Prime Minister • Leader of the majority party leader in Lok Sabha becomes the prime minister • prime minister nominates a cabinet – members of Parliament in the ruling coalition – Council of Ministers • effective power is concentrated in the office of the prime minister – where most of the important policies originate The President of India • Head of the State • Commander-in-Chief of the armed forces • elected by an electoral college – national Parliament – state legislature • 5-year terms • can be reelected The President of India • Ceremonial office – symbolize national unity – supposedly above partisan politics • mostly acts on the advice of the prime minister • President plays a significant role when the selection of a prime minister is complex – in 1998 President requested BJP to form govt. The Judiciary • Fundamental contradiction in constitution – principle of parliamentary sovereignty – principle of judicial review The Judiciary • judiciary tries to preserve the constitution’s basic structure • to ensure that legislation conforms with the intent of the constitution • parliament tries to assert its right to amend the constitution
Third Division January 10, 2018 G.R. No. 225735 PEOPLE OF THE PHILIPPINES, Plaintiff-Appelle BELEN MEJARES Y VALENCIA, Accused-Appellant Decision Leonen, J.