The term “Democracy” is derived from Greek words ‘demos’ (means people) and ‘kratos’ (means rule). A democracy holds significance in a system in which the government of a country is elected by the people, from among them, and for their welfare. A Democratic country mostly has 3 prominent pillars, that is – Legislative, Executive and Judiciary. There is a forth pillar as well, that is Media, which keeps all three in check by staying out of system and highlighting their functioning. Here, we will be scanning through the 4 pillars of democracy in India.
Meaning of Democracy
Democracy is system of Government where power is held by the people and exercised directly by them or through elected representative. Some of the key features of Democracy are given below:
- Free and Fair elections
The people of a country can chose their leaders by regular elections.
- Rule of Law
All the peoples of a democratic country, including its leaders, are subject to the rule of law.
- Majority rule with minority rights
The decisions are made by majority but rights of the minority are also protected.
Citizens enjoy the very basic freedoms such as speech, expression, religion and equality.
- Accountability and transparency
The Government is answerable to the people of the democratic country.
Famous Quotes on Democracy
“Democracy is the government of the people, by the people, for the people.” – Abraham Lincoln
“The best argument against democracy is a five-minute conversation with the average voter.” – Winston Churchill (ironically critical but supportive)
Types of Democracy
Some of the types of Democracies across the world are given below-
Direct Democracy
When the people of a country take part and make decision to choose who rules and administers the government, this is direct democracy.
Example: Switzerland
Representative Democracy
When the people of the country elect its representative to make decisions, it is called a representative democracy.
Example: Bharat, USA, UK.
Parliamentary Democracy
The executive (Prime minister and cabinet) is chosen from the legislature/elected representatives.
Example of countries: Bharat, UK, Canada.
Presidential Democracy
The president is elected by the legislature.
Example of countries: USA, Brazil.
What are the 4 Pillars of Democracy?
1. Legislature (Law-making body)
Responsible for making laws and policies, Legislature represents the will of the people.
Example: Parliament of India, Congress in the USA.
Functions: Debates and passes laws, approves budgets and policies.
Some of the further parts in Legislature are shown below:
- Legislative Control over Delegated legislation:- The legislature is entrusted with the power to legislation. It can also delegate its powers. However, when it is delegated, it is the duty of the legislature to have a check or control or supervise the power delegated to the Executive.
- Memorandum on Delegation:- The parliamentary control on delegated legislation is maintained by the Legislature. A bill involves proposal for delegation of legislative powers, and it must have a memorandum explaining the proposal, it’s scope, nature or character, the points to be covered in rules, particular to subordinate authorities and the manner in which the power is to be exercised.
- Laying Procedure:- The Parliamentary control can be exercised if the house of the Parliament is informed of the content of the delegated legislation. It informs the Legislature of the rules made by the Executive authorities. An opportunity is extended to the Legislature to question or challenge the delegated legislation. To lay rules before the House depends on the terms the parent statutes.
Example: Sec 3(6) of the Essential Commodities Act 1955: Every order made by the central government or any officer or authorities of the central government shall be laid before both the houses of parliament, as soon as may be after it made.
- Security Committees:-
Lok sabha Committee 1953: The Lok Sabha has rules 317-322.They have 15 members and 1 will be the speaker for one year. Rules and orders are in limitation of the constitution process.
Rajya sabha committee 1964: The Rajya sabha have rule 204-212. The composition of Rajya Sabha 15 members and 1 will be chairman until a new committee is nominated.
2. Executive (Law-Enforcing Body)
The Executive is responsible for implementing laws and running the government. It includes the President, Prime Minister, and Council of Ministers. Executive have the power that may be enjoyed in the discretionary or mandatory manner.
Functions of the Executive:
- Implementation of Laws – The Exective enforces and applies laws passed by the Legislature.
- Policy Formulation – Designs domestic and foreign policies, including economic and social strategies.
- Administration – Manages government departments and delivers public services like health, education, transport, etc.
- Defence and Security – Maintains national security, defence preparedness, and law and order.
- Foreign Affairs – Represents the nation in international matters, signs treaties, and builds diplomatic relations.
- Budget and Finance – Prepares and implements the annual budget, manages taxes and public expenditure.
- Appointments and Supervision – Appoints top officials, judges, military commanders, and oversees civil servants.
3. Judiciary (Law-Interpreting Body)
An independent system of courts that interpret and uphold the law. The Judiciary protects the Indian Constitution and fundamental rights of citizens. For that Judiciary has a weapon called the judicial review which is a principal mechanism used by the exercise of public law functions and to protect the democracy. There must be the three grounds for Judicial review:
- Illegality: When something is not as per law,be it Primary legislation. Subordinate legislation, etc., the Judiciary decides its illegality and orders accordingly.
- Procedural Impropriety: English law said that trial should be fair not biased and parties should be heard from both sides. Fair mandate decisions in the judicial review is the rule.
- Functions: The Judiciary ensures justice and fairness. It further keeps in check any abuse of power. The Judiciary can strike down unconstitutional laws as well.
Famous Quotes on Legislature, Executive, Judiciary:
Lord Acton:– “Power tends to corrupt and absolute power corrupt absolutely”.
James Madison:– “Concentration of power is tyranny” The accumulation of power – legislature, executive, and judiciary, in the same hands, whether for one or a few or many whether he editary self-appointed or elective, may justify the the very definition of tyranny.
Separation of Powers
The Separation of Power among the four pillars of democracy in India is the most important aspect in Legislature, Executive and Judiciary body.
Montesquieue: A Political philosopher who formulated this doctrine systematically in his book that is “De l’esprit does lois- The spirt of the law”. Divisions of power include a general legislature power and two kinds of executive powers an executive power in the nature of locks federative power and civil law executive power including executive and judicial power. According to him, to promote liberty in its true sense, the power should be separated and function independently.
Wade and Philips: Separation of powers means the same person should not form part of more than one of three organs of government. One of organ is the government should not control or interfere with exercise of its function by another organ. One organ the government should not exercise the functions of another organ.
John Locke: Discontinuous legislative power, continuous executive power and federative power. Here, discontinuous legislative power refers to the law-making function, which is not constant; Continuous executive power encompasses both the executive and judicial functions, suggesting ongoing responsibilities. Federative power specifically deals with foreign affairs and diplomacy.
Separation of Powers in USA:
Check and Balance
Article 1 – All the legislative powers come to be vested in the Congress.
Article 2 – The executive power vested in the President of USA.
Article 3 – The judicial power of USA should be vested in one Supreme Court.
Separation of Powers in India
Legislative power = Parliament; Executive power = President and Governors, Council of Ministers; Judicial Power = Supreme Court, High court and Subordinate Courts.
The concept of separation of power can be seen in following Articles:
- Article 50 – Separation of Judiciary from Executive.
- Article 122 – Court cannot inquire into proceedings of Parliament.
- Article 121 – No discussion shall take place in parliament of conduct of the judges of SC or HC in the discharge of his duties except for the procedure of impeachment.
- Article 361 – President or Governer shall not be answerable to any court for the exercise and performance of power or duties of his office.
4. Media
Several kinds of Media act as a bridge between the government and the people. It informs, educates, and exposes wrongdoings of various institutions, even if Constitutional/part of the Government. Media is often called the “watchdog of democracy.” The media refers to all channels of communication—newspapers, television, radio, social media, news websites, podcasts, and blogs—that provide information and influence public opinion. It plays a vital role in strengthening democracy by informing people, holding power accountable, and enabling public discussion.
Functions of Media in Democracy
- Informing the Public: Keeps citizens aware of current events, government policies, elections, and public issues; Helps people make informed decisions, especially during elections.
- Acting as a Watchdog: Investigates corruption, abuse of power, injustice, and malpractice in government and other institutions. Keeps a check on the other three pillars of Democracy, that is legislature, executive, and judiciary.
- Giving Voice to the People: Provides a platform for different opinions, including those of minorities and disadvantaged groups. Media encourages public debate and discussions on important national issues.
- Shaping Public Opinion: Through editorials, talk shows, and debates, media shapes how people think about issues. It even influences voting behavior and public response.
- Educating the Masses: Promotes awareness about rights, duties, social issues (like health, environment, education, etc.; Helps build a more informed and responsible citizenry.
Conclusion
The four pillars of democracy, i.e., Legislature, Executive, Judiciary, and Media, are the foundation upon which a free and fair democratic society stands. Each pillar has its own unique role: the Legislature makes laws, the Executive implements them, the Judiciary ensures justice and constitutional integrity, and the Media informs the public and holds power accountable. For democracy to thrive, these pillars must function independently yet harmoniously, with mutual respect and a commitment to the rule of law, transparency, and public welfare. A democracy weakens when any pillar is compromised; but when all four stand strong, the voice of the people remains powerful, protected, and heard.
The four pillars of democracy have been simplified by our intern, Mr. Apurv Shenmare. He has been assisting the team in bringing informational legal blogs.
