1- Indian president

2- Secularism: no such thing

3- Federation: quasi federation
4- Sources of Indian constitution
5- Role of the Supreme Court in the development of Indian constitution
6- Principles of Indian constitution

BASIC PRINCIPLES OF INDIAN CONSTITUTION

The basic principles of the Constitution of India are outlined in the preamble to the
constitution.

Text of the Preamble:

We, the people of India, having solemnly resolved to constitute India into
a sovereign socialist secular democratic republic and to secure to all its
citizens
justice, social, economic and political;
liberty of thought, expression, belief, faith and worship;
equality of status and of opportunity;
and to promote among them all fraternity
assuring the dignity of the individual and the unity and integrity of the nation;
in our constituent assembly this 26th day of November 1949, do hereby adopt,
enact and give to ourselves this constitution.

Interpretation:
Sovereign: It means the independent authority of a State. That it has the power to
legislate on any subject; and that it is not subject to the control of any other State /
external power.
Socialist: Before the term was added by the 42nd Amendment in 1976, the
Constitution had socialist content in the form of certain Directive Principles of
State Policy. The term socialist used here refers to democratic socialism, i.e.
achievement of socialist goals through democratic, evolutionary and non-violent
means. Essentially, it means that (since wealth is generated socially) wealth should
be shared equally by society through distributive justice, not concentrated in the
hands of few, and that the government should regulate the ownership of land and
industry to reduce socio-economic inequalities.
Secular: Secularism means the separation of religion from civic affairs and state.
By the 42nd Amendment in 1976, the term "Secular" was also incorporated in the
Preamble.
There is no state religion in India. All the citizens are allowed to profess, practice
and propagate their religion. Explaining the meaning of secularism as adopted by
India, Alexander Owics has written, "Secularism is a part of the basic structure of
the Indian Constitution and it means equal freedom and respect for all religions."
Democratic: The people of India elect their governments by a system of universal
adult franchise. Every citizen, 18 years or older and not otherwise debarred by law
is entitled to vote. The word democratic refers not only to political democracy but
also to social and economic democracy.
Republic: A democratic republic is an entity in which the head of state is elected,
directly or indirectly, for a fixed tenure. Thus, India has a President who is elected
and has a fixed term of office. There’s an absence of any privileged class and hence
all public offices being opened to every citizen without any discrimination.
Justice: Justice stands for rule of law, absence of arbitrariness and a system of
equal rights, freedom and opportunities for all in a society.
India seeks social, economic and political justice to ensure equality to its citizens.
Social Justice: It means the absence of socially privileged classes in the society
and no discrimination against any citizen on grounds of caste, creed, color,
religion, gender or place of birth.
Economic Justice: it means no discrimination on the basis of income, wealth and
economic status. It stands for equitable distribution of wealth, economic equalities,
the end of monopolistic control over means of production and distribution,
decentralization of economic resources, and the securing of adequate
opportunities to all for earning their living.
Political Justice: it means equal, free and fair opportunities to the people for
participation in the political process. It stands for the grant of equal political rights
to all the people without discrimination. The Constitution of India provides for a
liberal democracy in which all the people have the right and freedom to
participate.
Liberty: This establishes that there are no unreasonable restrictions on Indian
citizens in term of what they think, their manner of expressions and the way they
wish to follow up their thoughts in action. However, it must be exercised within the
constitutional limits.
Equality:
Fraternity: This refers to a feeling of brotherhood and a sense of belonging with
the country among its people. It embraces psychological as well as territorial
dimensions of National Integration. It leaves no room for
regionalism, communalism, casteism etc., which hinders the unity of the State.

FEATURES OF INDIAN CONSITUTION

Following are the salient features of the Indian constitution
1. Written and lengthy: The Indian constitution is one of the bulkiest
constitution in the world, comprising of 448 articles, 25 parts and 12
schedules. At about 145,000 words, it is the second-longest active
constitution—after the Constitution of Alabama—in the world.
2. Partly rigid and partly flexible: The Indian constitution is combination of
rigidity and flexibility, which means some parts of it can be amended by the
Parliament by a simple majority, whereas some parts require a two-third
majority as well as not less than one-half of the state legislatures.

3. Democratic republic:

4. Quasi federal quasi unitary: The Indian constitution described India as

a 'Union of States' (Article 1), the word federation has no nowhere being
used in the constitution.
It establishes a double set of governments. All the subjects of administration
have been divided between the union government and the state government.
There are three lists, viz. union list, state list and a concurrent list (the union
legislation being superior to the state). The residuary powers are vested in
the center.
The union and the states have their own governments and executive heads.
A supreme court has also been set up to interpret the constitution and settle
disputes arising between the center and the states, and preserve this
division of powers.

But there are certain features which give the central government an
almost unitary character. The total number of subjects given to the center
are 97 as compared to 66 to the states. The concurrent list has 47 subjects,
on which both can legislate, but in case of conflict the Union law supersedes
the state law. Then the union parliament can legislate on any matter in the
state list under the Article 249, if the parliament passes a resolution by a
two third majority declaring a particular matter of national importance or
interest. The residuary powers too rest with the center. The process of
amendment is also simple, expect in some cases where a two third majority
of members is required. There are a lot of provisions in the constitution
which can be amended by the parliament by a simple majority.
The emergency powers of the president are unique; which make the union
more powerful. The president can declare a state of emergency and assume
extraordinary powers, which may suspend the autonomy of the units. During
the state of emergency te union parliament can legislate or the whole of
India or any part thereof. Even under normal conditions the state
legislatures cannot make laws, which are repugnant to the union law.
The union government has a great deal of administrative control over the
units. The union executive authority extends to issuing of such directions to
the states as the union government considers necessary. The president can
appoint government and can issue directions to them.
The parliament can by law change the territories of states as it did under the
States Reorganization Act, 1956. It can divide an existing state to form new
one as in Jammu and Kashmir Reorganization Act, 2019, Punjab
Reorganization Act, 1966.
5. Parliamentary system of government: The Indian constitution provides
for a parliamentary system of government, i.e., the real executive power
rests with the council of ministers in the parliament and the President is only
a nominal ruler (Article 74).

6. Secular state: With the 42nd amendment, enacted in 1976, the Preamble
to the Constitution asserted that India is a secular nation. In practice, unlike
Western notions of secularism, India's secularism does not separate religion
and state. The Indian Constitution has allowed extensive interference of the
state in religious affairs.
Secular features of Indian constitution include the following: India does
not have an official state religion. It confers upon every citizen the right to
practice any religion he chooses and does not allow any discrimination on
the basis of religion, faith, caste, color and sex. The state-owned educational
institutions cannot impart religious instructions. The constitution also
prohibits communal representation. There are no separate seats for various
communities.
However, secularism, as practiced in India, departs from the western
conception of the term which can be equated with ‘anti-religiousness’. While
in India it centers more on religious tolerance and legal pluralism.
Non-secular features of Indian political system are:
Personal Law: In matters of law in modern India, the applicable code of law
is unequal, and India's personal laws – on matters such as marriage, divorce,
inheritance, alimony – varies with an individual's religion.
Religious Institutions: The Indian Constitution permits partial financial
support for religious schools, as well as the financing of religious buildings
and infrastructure by the state. The Islamic Central Wakf Council and
many Hindu temples of great religious significance are administered and
managed by the Indian government.
The attempt to respect unequal, religious law has created a number of
issues in India such as acceptability of polygamy, unequal inheritance rights,
and extra-judicial unilateral divorce rights favorable to some males, and
conflicting interpretations of religious books.
Secularism as practiced in India, with its marked differences with Western
practice of secularism, is a controversial topic in India.
Supporters of the Indian concept of secularism claim it respects "minorities
and pluralism". Critics claim the Indian form of secularism as "pseudo-
secularism". Supporters state that any attempt to introduce a uniform civil
code, that is equal laws for every citizen irrespective of his or her religion,
would impose majoritarian Hindu sensibilities and ideals. Critics state that
India's acceptance of Sharia and religious laws violates the principle
of Equality before the law.
7. Single citizenship: unlike American constitution, the Indian constitution
provides a single citizenship for all the people residing different parts of the
country and there is no separate citizenship for the states (Article 5–11).
They all enjoy equal rights and perform equal obligations unlike American
citizens.

8. Directive principles of state policy: These are 15 guidelines given to the

federal institutes governing the State of India, to be kept in citation while
framing laws and policies. These provisions, contained in Part IV (Article 36–
51), are not enforceable by any court, but the principles laid down there in
are considered in the governance of the country, making it the duty of the
State to apply these principles in making laws to establish a just society in
the country. The principles are related to social justice, economic
welfare, foreign policy, and legal and administrative matters.

9. Adult franchise: The constitution provides for universal adult franchise

without any qualifications for property, taxation, education or the like.

10. Fundamental rights and fundamental duties: The Indian

constitution provides an elaborate list of Fundamental Rights to the citizens
of India, which cannot be taken away or abridged by any law made by the
states (Article 12–35). The judiciary is the protector of the fundamental
rights. If any act of legislature or any executive order violate the
fundamental rights that can be declared null and void by the judiciary.
The constitution guarantees to every citizen right to move the Supreme
Court for enforcement of fundamental rights. But right to constitutional
remedies may be suspended under a proclamation of emergency.
Similarly, the constitution also provides a list of 11 duties of the citizens,
known as the Fundamental Duties (Article 51A).

11. An instrument of social change: The constitution makes special

provisions for minorities, Scheduled castes, Scheduled Tribes, etc. by
granting them certain special rights and provisions. It abolished the
historical system of untouchability, and caste system and gave equal legal
and social status to all people of India.

12. Bicameral legislature: The Indian constitution provides a bicameral

legislatures at center consisting of Rajya Sabha (Council of States) and Lok
Sabha (House of the People) (Article 79). The Rajya Sabha is elected by state
legislatures for a term of six years, one-third retiring every two years. The
Lok Sabha is directly elected by the people for a period of five years.

13. Official languages: the Indian constitution declares Hindi in the

Devanagari script as a national language, while English was to be used as
official language for the first fifteen years, i.e. up to 1965. After the
enforcement of constitution the president was to take the decision whether
English might be replaced with Hindi or the period of time might be
 extended further. Each state is authorized to adopt any one or more of
regional languages for all or some of the office purposes.

14. Independence of judiciary: The constitution provides

an independent judiciary (Article 76) which ensures that the government is
carried on in accordance with the provisions of the constitution and acts as a
guardian of the liberties and fundamental rights of the citizens.
The Supreme Court has extensive original as well as appellate jurisdiction
along with power of judicial review. However, any assumption of power by
the court to frustrate social policies decided upon by the legislature can be
prevented by an amendment to the constitution.

15. Emergency Powers: The constitution vests extraordinary powers,

known as Emergency Powers in the President during emergencies out of
armed rebellion or external aggression or due to failure of constitutional
machinery in the state (Article 352–360).

16. Accumulation of world’s legacy: Here are the borrowed features of

the constitution of India:
Government of India Act of 1935
Federal Scheme, Office of Governor, Judiciary, Public Service Commissions,
Emergency provisions, and Administrative details.
British Constitution
Parliamentary government, Nominal Head President (who will perform like
the Queen), Concept of single citizenship, Speaker of Lok Sabha (House of
Commons) and their role, Rule of Law, and Legislative procedure.
Ireland's Constitution
Concept of Directive Principles of State Policy, and Method of election of
President.
Unites States of America's Constitution
Bill of Rights , Federal structure of government, Electoral College,
Independent judiciary and separation of powers, judicial review, President
as commander-in-chief of the armed forces, and Equal protection under law.
South African Constitution
Procedure for amendment of the Constitution, and Election of members of
Rajya Sabha.
Canada's Constitution
Quasi Federal Government—Federation with a strong Centre, Distribution of
powers between the central and state governments, Advisory jurisdiction of
the Supreme Court, and Appointment of the governors by the state
government
French Constitution
The notions of Republic, liberty, equality, and fraternity in the Preamble
Australia's Constitution
Concurrent List, Freedom of trade between states, National legislative
power to implement treaties, even on matters outside normal federal
jurisdiction, and the language used in the Preamble
 Soviet Constitution
Fundamental duties under article 15-A, The ideal of justice (social, economic
and political) in the Preamble, and Five-Year Plans—mandating planning
commission to oversee economic development
Weimar Republic
The emergency provision under article 356, suspending fundamental rights
during emergency
Japan's Constitution
Due Process

INDIAN FEDERATION
The constitution of India is federal in character; however, it establishes a ‘Union’
with unitary bias. The central government has been given very wide powers. The
framers of constitution had deliberately given these powers in view of the
circumstances prevalent in the country at the time of framing the constitution. The
past history of India also warranted the establishment of a strong center, as India
fell an easy prey to the foreign invaders due to weak central authority and division
of country into a number of princely states.
The Indian federation originally consisted of 28 states in all, which were mentioned
in the first schedule of the constitution. The states were divided into three
categories, and classified as Part A, Par B, and Par C states. Besides these were
Andaman and Nicobar Islands and Sikkim, which were called Part D states.
Part A states: corresponded to former Governor’s provinces of British India, 10 in
number.
Part B states: consisted of the former princely states, which were 8 in number.
Part C states: consisted of the former Chief Commissioner’s Provinces.

The constitution empowered the parliament to form new states by altering the
territories of the existing states following a prescribed procedure. Consequently,
under the States Reorganization Act 1956, these categories were abolished. States
were reorganized on linguistic principle, while keeping in view other factors like
national unity, defense, financial viability and economic development.

At present, there are 28 states and 8 union territories of India constituting the
Indian Union. Unlike the states of India, which have their own governments, union
territories are federal territories governed directly by the Central Government of
India.

Federal Characters:

Division of Powers:
There are three lists of governmental functions: the Union list, the Concurrent list,
and the State List. The Residual powers are reserved for the Union government.
Any change can be affected in the division of powers through constitutional
amendment.
Supremacy of the Constitution:
The supremacy of the constitution is admitted in India; which stands at the apex in
the hierarchy of Laws—both national and state. The union and the state
governments have to operate within the limits prescribed by the constitution. If
any law passed by any legislature does not conform to the constitution is liable to
be declared unconstitutional by the Supreme Court of India.

Rigid Constitution:
The constitution is written and rigid to a large extent. Those provisions, which
concern the relation between the union and state governments and the judiciary
can be amended only by the joint action of Indian parliament and state
legislatures.

Independence of the Judiciary:

In federation the independence of judiciary is important to protect the constitution.
The supreme court of India has the authority to interpret the constitution, decide
disputes between the center and the units and among the states. It has the power
of judicial review and can declare null and void any law of the parliament or state
legislatures, if it is contrary to the provision of the constitution.

Dual Representation:
Indian constitution provides for a bicameral legislature at the center. The Rajya
Sabha represents the states, while the Lok Sabha represents the people of India.

Unitary Characters:
The Indian constitution has many unitary features as well, which characterizes it
as federal in form and unitary in spirit. It is therefore said that India is quasi-
federal and quasi-unitary. For the following features it is called unitary:
Union of States:
Though the country and people may be divided into different states for
convenience of administration, but the country is an integral whole, and its people
are a single people.
Single Constitution:
There is only one, federal, constitution in India. Unlike other federations where
federating units have the power to make their own constitution, Indian states have
no right to frame their own constitution. Likewise, the states have no right or
power to amend the constitution.
Amendment to the constitution:
The doctrine of federalism implies that the union is the result of an agreement
between the federating units so that no part of the constitution can be changed
without the consent of the contracting parties. The states have no powers to
initiate any amendment, but the union parliament can amend many articles of the
constitution without referring to the states.
Formation of new state:
The union parliament by law may form a new state by separation of territory from
any state or by uniting two or more states or parts of states or by writing any
territory to be part of any state. Although the bill for the purpose may be referred
to president of the legislature concerned but the parliament is not bound to accept
the proposal. The states have no say in this matter and no state’s territorial
integrity is guaranteed by the constitution.
Single citizenship:
In a federation, each citizen has double citizenship: of the federation, and of the
federating unit. However, there is no double citizenship in India. Birth or
residence does nto confer any separate status as a citizen of that state.
No right of secession:
It is not possible for the states of Indian Union to exercise any right of secession. It
has been made clear by the 16th amendment in 1963, that advocacy of secession
will not have the protection of the freedom of expression.
Powerful Center:
The powers are distributed between the union and states in such a way as to make
the center very powerful. The Union list contains 97 subjects, whereas only 66
subjects have been allocated to the states. In concurrent list, the union laws have
precedence over the state laws. Moreover, the residuary powers are enjoyed by the
Union unlike other federations of the world.
Emergency Powers of the Center: Article 356
In times of national emergency the powers of the central government are
immensely increased, which may amount to the suspension of the autonomy of the
states. The union parliament is empowered to make laws in affairs of the state list.
Single Judicial System:
A typical federal system provides for a separate judicial systems for federation and
units. While, the Indian constitution provides for a single integrated judicial system
for whole of the India. The supreme court of India control the lower hierarchy of
judicial system of India. There is also a single civil and criminal code for entire
country.
Indian Civil Service (UPSC):
In a federation, the administrative officers are appointed by the federating
governments. The Indian constitution provides for a common all-India
administrative services, called Indian Civil Service, whose members are appointed
by the Union government and are responsible to it.

UNION EXECUTIVE
The union executive consists of the President, Vice President and the council of Ministers,
including the Prime Minister, and the permanent executive called Indian Civil Service. It is a
parliamentary executive with the President as the head of the Union and the Prime Minister as
the Head of the government. The President is the nominal head of the executive, and acts on the
advice of the Prime Minister and the Cabinet which is the real executive. The PM and the
Cabinet are collectively responsible to the Union Parliament.

When the Constitution of India was written, India already had some experience of running the
parliamentary system under the Acts of 1919 and 1935. This experience had shown that in the
parliamentary system, the executive can be effectively controlled by the representatives of the
people. The makers of the Indian Constitution wanted to ensure that the government would be
sensitive to public expectations and would be responsible and accountable. The other alternative to
the parliamentary executive was the presidential form of government. But the presidential executive
puts much emphasis on the president as the chief executive and as source of all executive power.
There is always the danger of personality cult in presidential executive. The makers of the Indian
Constitution wanted a government that would have a strong executive branch, but at the same time,
enough safeguards should be there to check against the personality cult. In the parliamentary form
there are many mechanisms that ensure that the executive will be answerable to and controlled by
the legislature or people’s representatives. So the Constitution adopted the parliamentary system of
executive for the governments both at the national and State levels.

THE PRESIDENT OF INDIA:

Election of the President

The president is chosen by an electoral college consisting of the elected members
of both houses of parliament, the elected members of the State Legislative
Assemblies (Vidhan Sabha) and the elected members of the legislative assemblies
of union territories with legislatures, i.e., National Capital Territory of
Delhi, Jammu and Kashmir, and Puducherry.
The nomination of a candidate must be subscribed by at least 50 electors as
proposers and 50 electors as seconders. Each candidate has to make a security
deposit in the Reserve Bank of India, which is liable to be forfeited in case he fails
to secure one-sixth of the votes polled.
The election follows the system of proportional representation by means of
the single transferable vote method. The voting takes place by a secret
ballot system. The manner of election of President is provided by Article 55 of
the constitution.
Electors cast different number of votes. The general principle is that the total
number of votes cast by MP equals the total number of votes cast by State
Legislators.
The number of votes cast by a particular state is calculated by dividing the state's
population by 1000, which is divided again by the number of legislators from the
State voting in the Electoral College. This number is the number of votes per
legislator in a given state. Every elected member of the parliament enjoys the same
number of votes, which may be obtained by dividing the total number of votes
assigned to the members of legislative assemblies by the total number of elected
representatives of the parliament.
MPs and MLAs tend to vote for the candidate supported by their respective
parties.
Eligibility:
Article 58 of the constitution sets the principal qualifications one must meet to be
eligible to the office of the president. A president must be: a citizen of India; of 35
years of age or above; and qualified to become a member of the Lok Sabha. A
person shall not be eligible for election as president if he holds any office of
profit under the Government of India or the Government of any State or under any
local or other authority subject to the control of any of the said Governments.
Certain office-holders, however, are permitted to stand as presidential candidates.
These are: the current vice-president; the governor of any state; and a Minister of
the Union or of any state (including prime minister and chief ministers).
In the event that the vice-president, a state governor or a minister is elected
president, they are considered to have vacated their previous office on the date
they begin serving as president.
Term of Office
Article 56(1) of the constitution provides that the president shall hold office for a
term of five years from the date on which he enters upon his office. He is eligible
for reelection, once.

Removal:
As per Article 71(1) of the constitution. Supreme Court can remove the president
for the electoral malpractices or upon being not eligible to be Lok Sabha member
under the Representation of the People Act, 1951.
The president may also be removed before the expiry of the term
through impeachment for violating the Constitution of India by the Parliament of
India. The process may start in either of the two houses of the parliament. The
house initiates the process by levelling the charges against the president. The
charges are contained in a notice that has to be signed by at least one-quarter of
the total members of that house. The notice is sent up to the president and 14 days
later, it is taken up for consideration.
A resolution to impeach the president has to be passed by a two-thirds majority of
the total number of members of the originating house. It is then sent to the other
house. The other house investigates the charges that have been made. During this
process, the president has the right to defend oneself through an
authorized counsel. If the second house also approves the charges made by special
majority again, the president stands impeached and is deemed to have vacated
their office from the date when such a resolution stands passed. No president has
faced impeachment proceedings.
Resignation:
The president may resign voluntarily before the expiry of the term. In this case, he
is supposed to write in his own hand a letter addressed to VP, indicating his desire
to resign, who will communicate the same to the speaker of Lok Sabha.
Succession:
The Office of the president falls vacant in the following scenarios: On the expiry of
their term; by reason of death, resignation, removal by Supreme Court, and
removal by impeachment.
Article 65 of the constitution says that the VP will have to discharge the duties, if
the office falls vacant due to any reason other than the expiry of the term. The VP
reverts to their office when a new president is elected and enters office. When the
president is unable to act because of absence, illness or any other cause, the VP
discharges the president's functions until the president resumes the duties.
New Elections:
In case of resignation, death or removal of the President, the vacancy must be
filled by election before expiry of a period of 6 months, during which the VP will
conduct the duties of the President.

POWERS AND DUTIES OF THE INDIAN PRESIDENT:

Under the draft constitution the President occupies the same position as the King
under the English Constitution. He is the head of the state but not of the Executive.
He represents the Nation but does not rule the Nation. He is the symbol of the
Nation. His place in the administration is that of a ceremonial device on a seal by
which the nation's decisions are made known.—Bhimrao Ambedkar
Duty
The primary duty of the president is to preserve, protect and defend the
constitution and the law of India as made part of his oath (Article 60 of Indian
constitution). The president is the common head of all independent constitutional
entities. All his actions, recommendations (Article 3, Article 111, Article 274, etc.)
and supervisory powers (Article 74(2), Article 78C, Article 108, Article 111, etc.)
over the executive and legislative entities of India shall be used in accordance to
uphold the constitution. There is no bar on the actions of the president to contest
in the court of law.

LEGISLATIVE POWERS:
Legislative power is constitutionally vested in the Parliament of India of which the
president is the head (Article 78, Article 86, etc.).
Power to Summon and Prorogue Parliament Session:
The president summons both the houses of the parliament and prorogues them.
Power to Dissolve the Lok Sabha:
He can dissolve the Lok Sabha, on the advice of PM.
Policy Address to the Parliament:
The president inaugurates parliament by addressing it after the general elections
and also at the beginning of the first session every year per Article 87(1). The
presidential address on these occasions is generally meant to outline the new
policies of the government.
Power to Grant or Withhold Assent to Parliament Bills:
All bills passed by the parliament can become laws only after receiving the assent
of the president per Article 111. The president can either grant or withhold his
assent from it.
Power to return a bill for reconsideration by the Parliament:
He can return a bill to parliament, if it is not a money bill, for reconsideration.
President may be of the view that a particular bill is violating the constitution, he
can send back the bill with his recommendation following the Article
368 procedure. When, after reconsideration, the bill is passed accordingly and
presented to the president, with or without amendments, the president cannot
withhold his assent from it.
Power of Pocket Veto:
The president can also withhold his assent to a bill when it is initially presented to
him (rather than return it to parliament) thereby exercising a pocket veto on the
advice of prime minister as per Article 74. The president shall assent
to constitutional amendment bills without power to withhold the bills per Article
368 (2).
Power to Consult the Supreme Court on Constitutionality of a Bill:
Article 143 gave power to the president to consult the Supreme Court about the
constitutional validity of an issue.
Power to Issue Ordinance:
When the Parliament is not in session, and if the government feels the need for an
immediate procedure, the president can promulgate ordinances which have the
same force as an act passed by parliament. These are in the nature of interim
legislation and their continuance is subject to parliamentary approval. Ordinances
remain valid for no more than six weeks from the date the parliament is convened
unless approved by it earlier.
Under Article 123, the president as the upholder of the constitution shall be
satisfied that immediate action is mandatory and he is confident that the
government commands majority support in the parliament needed for the passing
of the ordinance into an act and parliament can be summoned to deliberate on the
passing of the ordinance as soon as possible. It is the responsibility of the
president to withdraw the ordinance as soon as the reasons for promulgation of the
ordinance are no longer applicable.
Re-promulgation of an ordinance after failing to get approval within the stipulated
time from parliament is an unconstitutional act by the president. The president
should not incorporate any matter in an ordinance which violates the constitution
or requires an amendment to the constitution.
EXECUTIVE POWERS:
The President of the Indian Union will be generally bound by the advice of his
Ministers. He can do nothing contrary to their advice nor can do anything without
their advice. The President of the United States can dismiss any Secretary at any
time. The President of the Indian Union has no power to do so long as his Ministers
command a majority in Parliament.— Bhimrao Ambedkar
As per Article 53, the executive power of the country is vested in the president and
is exercised by president either directly or through officers subordinate to him in
accordance with the constitution. When parliament thinks fit it may accord
additional executive powers to the president per Article 70 which may be further
delegated by the president to the governors of states per Article 160. Union
cabinet with prime minister as its head, should aid and advice the president in
performing his functions.
Powers of Appointment and Dismissal:
Appointment of PM and Cabinet:
The president appoints as prime minister, the person most likely to command the
support of the majority in the Lok Sabha. The president then appoints the other
members of the Council of Ministers, distributing portfolios to them on the advice
of the prime minister. The Council of Ministers remains in power at the 'pleasure'
of the president.
Appointment of MPs:
The president appoints 12 members of the Rajya Sabha. The president may
nominate not more than two members of Anglo Indian community as Lok
Sabha members per Article 331
Appointment of Governors:
Governors of states are also appointed by the president who shall work at the
pleasure of the president. Per Article 156, the president is empowered to dismiss a
governor who has violated the constitution in his acts.

Other Appointments:

a. The Chief Minister of the National Capital Territory of Delhi (Article 239 AA
5 of the constitution).
b. The Comptroller and Auditor General.
c. The Chief Election Commissioner and other Election Commissioners.
d. The chairman and other Members of the Union Public Service Commission.
e. Ambassadors and High Commissioners to other countries (only through the
list of names given by the prime minister).
f. Officers of the All India Services, and other Central Civil Services in Group
'A'.
Military Powers:
He is the Supreme Commander of the Indian Armed Forces. He can declare war or
conclude peace.
Diplomatic Powers:
All international treaties and agreements are negotiated and concluded on behalf
of the president. However, in practice, such negotiations are usually carried out by
the PM and Cabinet, and are subject to the approval of the parliament.
The president represents India in international forums and affairs where such a
function is chiefly ceremonial. The president may also send and receive diplomats.
Power of Pardon:
Article 72 empowers the president to grant pardons in the following situations:
Punishment for offence against Union law; punishment by a military court, death
sentence.
The decisions involving pardoning are independent of the opinion of the prime
minister or the Lok Sabha majority.
Financial Powers:
a. A money bill can be introduced in the parliament only with the president's
recommendation.
b. The president lays the Annual Financial Statement, i.e. the Union budget,
before the parliament.
c. The president can take advances out of the Contingency Fund of India to
meet unforeseen expenses.
d. The president constitutes a Finance commission after every five years to
recommend the distribution of the taxes between the center and the States.
JUDICIAL POWERS:
a. Preserves and defends the constitution and the law of India per Article 60.
b. Appoints the Chief Justice of India and other judges on the advice of the
chief justice. He dismisses the judges if and only if the two Houses of the
parliament pass resolutions to that effect by a two-thirds majority of the
members present.
c. Appoints the Attorney General of India, under Article 76(1) who holds office
during his pleasure.
d. Can ask the advisory opinion of the Supreme Court on a question of law or a
matter of public importance per Article 143.
e. Per Article 88, the president can ask the attorney general to attend the
parliamentary proceedings and report to him any unlawful functioning if
any.
f. Per Article 142, enforces the decrees of the Supreme Court.
EMERGENCY POWERS:
The president can declare three types of emergencies: national, state and financial,
under articles 352, 356 & 360 in addition to promulgating ordinances under article
123.
National Emergency:
A national emergency can be declared in the whole of India or a part of its territory
for causes of war or armed rebellion or an external aggression.
Under Article 352 of the India constitution, the president can declare such an
emergency only on the basis of a written request by the prime minister. Such a
proclamation must be approved by the parliament with an at least two-thirds
majority within one month. Such an emergency can be imposed for six months. It
can be extended by six months by repeated parliamentary approval-there is no
maximum duration. The decision to issue proclamation of emergency cannot be
challenged in a court of law.
In such an emergency, Fundamental Rights of Indian citizens can be suspended.
The six freedoms under Right to Freedom are automatically suspended. However,
the Right to Life and Personal Liberty cannot be suspended (Article 21).
The president can make laws on the 66 subjects of the State List. Also, all money
bills are referred to the president for approval. The term of the Lok Sabha can be
extended by a period of up to one year, but not so as to extend the term of
parliament beyond six months after the end of the declared emergency.
National Emergency has been proclaimed 3 times in India till date. It was declared
first in 1962 by President S. Radhakrishnan, during the Sino-Indian War. This
emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was
revoked in 1968. The second emergency in India was proclaimed in 1971 by
President V. V. Giri on the eve of the Indo-Pakistani War of 1971. The first two
emergencies were in the face of external aggression and War. They were hence
external emergencies. Even as the second emergency was in progress, another
internal emergency was proclaimed by President Fakhruddin Ahmed, with Indira
Gandhi as prime minister in 1975. In 1977, the second and the third emergencies
were together revoked.
Constitutional or State Emergency:
If the governance in a state cannot be carried out according to the provisions in
the constitution, the president can proclaim under Article 356 a state of emergency
in the state. And the state is said to be under President’s rule. Such an emergency
must be approved by the parliament within a period of 2 months.
Under Article 356 of the Indian constitution, it can be imposed from six months to
a maximum period of three years with repeated parliamentary approval every six
months. If the emergency needs to be extended for more than three years, this can
be achieved by a constitutional amendment, as has happened in Punjab and Jammu
and Kashmir.
During such an emergency, the president can take over the entire work of the
executive, and the governor administers the state in the name of the president. The
Legislative Assembly can be dissolved or may remain in suspended animation. The
parliament makes laws on the 66 subjects of the state list.
A State Emergency can also be imposed under Article 365 – If that state is not
working according to the direction of the Union government issued per the
provisions of the constitution.
This type of emergency needs the approval of the parliament within 2 months. It
can last up to a maximum of three years via extensions after each 6-month period.
However, after one year it can be extended only if a state of National Emergency
has been declared in the country or in the particular state. Or the Election
Commission finds it difficult to organize an election in that state.
Financial Emergency:
Under article 360 of the constitution, the president can proclaim a financial
emergency when the financial stability or credit of the nation or of any part of its
territory is threatened. However, until now no guidelines defining the situation of
financial emergency have been framed either by the finance commission or by the
central government.
Such an emergency must be approved by the parliament within two months by a
simple majority. A state of financial emergency remains in force indefinitely until
revoked by the president.
The president can reduce the salaries of all government officials, including judges
of the Supreme Court and high courts, in cases of a financial emergency. All money
bills passed by state legislatures are submitted to the president for approval. He
can direct the state to observe certain principles (economy measures) relating to
financial matters.

THE VICE-PRESIDENT
Article 63 of Indian constitution provides for the office of the VP. It is the second-
highest constitutional office in India after the President.
Qualifications:
In order to be qualified to be elected as Vice President, a person must: be a citizen
of India; more than 35 years of age; and not hold any office of profit.
He must be qualified for election as a member of the Rajya Sabha, because he is to
act as the ex officio Chairman of the Rajya Sabha. Moreover, he is not declared as
insane or convicted by a court of law.
Term:
He holds office for five years, and can be re-elected any number of times. However,
the office may be terminated earlier by death, resignation or removal. The
Constitution does not provide a mechanism of succession to the office of Vice
President in the event of an extraordinary vacancy, apart from a re-election.
However, the Deputy Chairman of the Rajya Sabha can perform the Vice
President's duties as the Chairman of the Rajya Sabha in such an event.
Functions:
He is ex-officio chairman of the Rajya Sabha. And draws his salary in that capacity.
(No salary as VP.) He works as President in case of death or resignation or removal
of the president. In such case he exercise all powers and privileges of the
president. He is ex-officio Chancellor of the University of Delhi.
THE COUNCIL OF MINISTERS:
The Indian constitution provides for a Council of Ministers, to advise the president
in exercise of executive authority in the Union. It consists of senior ministers,
called 'cabinet ministers', junior ministers, called 'ministers of state', Ministers of
state (with independent charge) and, rarely, deputy ministers. The council is led by
the Prime Minister of India.
Only the prime minister and ministers of the rank of cabinet minister are members
of the Union Cabinet in accordance with Article 75.
A minister shall not take any decision without being considered by the council of
ministers per Article 78(c). Pursuant to Article 75(3), the Council of Ministers is
responsible collectively to the Lok Sabha. When a bill introduced by a minister in
the Lok Sabha is not approved by it, the entire council of ministers is responsible
and not the minister. The council of ministers upon losing the confidence of Lok
Sabha shall resign to facilitate the new government formation.
According to the Constitution of India, the total number of ministers in the council
of ministers must not exceed 15% of the total number of members of the Lok
Sabha. Ministers must be members of parliament. Any minister who is not a
member of either of the houses of the parliament for six consecutive months is
automatically stripped off his or her ministerial post.
There are five categories of the council of ministers as given below, in descending
order of rank:

 Prime Minister: Leader of the executive of the Government of India.

 Deputy prime minister (if any): presides as prime minister in his absence or as
the senior most cabinet minister.
 Cabinet minister: a member of the cabinet; leads a ministry.
 Minister of State (independent charge): junior minister not reporting to a
cabinet minister.
 Minister of State: deputy minister reporting to a cabinet minister, usually
tasked with a specific responsibility in that ministry.
Pursuant to Article 75, a minister works at the pleasure of president, is appointed
by the president on the advice of the prime minister.
Functions and Powers of the Council of Ministers:
The constitution states the functions of the council of ministers as following:
There shall be a Council of Ministers with the Prime Minister at the head to aid
and advise the president who shall, in the exercise of his functions, act in
accordance with such advice.— Article 74(1), Constitution of India
Hence, the powers invested by the constitution in the office of the president are,
for the most part, exercised by the council of ministers with the PM at its head.
And can be enumerated as follows:

Legislative Powers:
It controls the legislature of the Union Government i.e. the Parliament. It
formulates its policy, submits and explains it to parliament, for approval. Since it
holds a majority in parliament, it always ensures the acceptance of its policy.
The entire legislation of importance passed by the parliament is initiated by the
ministers. For a bill initiated by a private member to be passed by parliament, is
only possible with the active support of the council of ministers.
It controls the summoning, adjournment and prorogation of parliament.
In case of disagreement between the cabinet and parliament on vital policy
matters, the PM may advise the president to dissolve parliament. (Indira Gandhi in
1970)

Financial Powers:
The cabinet controls the financial policy of the union. It is the finance minister,
who submits the budget to parliament. Parliament approves the budget-
expenditure and revenue items in its original form with the support of a
subservient majority.
Executive Powers:
The council of ministers control the executive policy of the state. The ministers
preside over the various departments of the government and direct their
administration.

THE PRIME MINISTER OF INDIA

Constitutional Framework:

The office and position of the PM is created by the Constitution of India in Article 74(1) which reads:
“There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the
president who shall, in the exercise of his functions, act in accordance with such advice.”
Eligibility:
According to Article 84, which sets the principle qualification for member of
Parliament, and Article 75, which sets the qualifications for the minister in the
Union Council of Ministers, and the argument that the position of prime minister
has been described as primus inter pares, A prime minister must: be a citizen of
India; be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as
the prime minister is neither a member of the Lok Sabha nor the Rajya Sabha at
the time of selection, they must become a member of either of the houses within
six months; be above 25 years of age if they are a member of the Lok Sabha, or,
above 30 years of age if they are a member of the Rajya Sabha; and not hold any
office of profit under the government of India or the government of any state or
under any local or other authority subject to the control of any of the said
governments.
Tenure and Removal from office:
The prime minister serves on 'the pleasure of the president', hence, a prime
minister may remain in office indefinitely, so long as the president has confidence
in him. However, a prime minister must have the confidence of Lok Sabha, the
lower house of the Parliament of India.
However, the term of a prime minister can end before the end of a Lok Sabha's
term, if a simple majority of its members no longer have confidence in him, this is
called a vote-of-no-confidence. In addition, a prime minister can also resign from
office.
Upon ceasing to possess the requisite qualifications to be a Member of Parliament
subject to the Representation of the People Act, 1951.
Position of the Prime Minister:
Keystone of Cabinet Arch: (Article 74)
In India, the Prime Minister enjoys a pre-eminent place in the government. The
Council of Ministers cannot exist without the Prime Minister. The Council comes
into existence only after the Prime Minister has taken the oath of office. The death
or resignation of the Prime Minister automatically brings about the dissolution of
the Council of Ministers but the demise, dismissal or resignation of a minister only
creates a ministerial vacancy.
Leader of the Cabinet: (Article 74)
Since he is the head of the council of ministers, he can wield as much authority as
he likes. It is he who chooses the ministers of his team and naturally expects them
to follow his instructions and directives in all important policy matters. No minister
can afford to displease the PM. If he has to differ from his policies he must resign
as the PM’s will must prevail as long as he is the leader of the majority party. Dr.
S.P. Mukherjee and Mr. K.C. Neogi resigned from the cabinet on the question of
Nehru Liaqat Pact. Dr. Ambedkar resigned on the question of the Hindu Code Bill.
Leader of Government and the Parliament:
Inside the parliament, because of his position as the leader of the majority party,
the PM is the leader and chief spokesman of the Government. He announces the
government policy in the parliament. He is responsible for piloting all the
important legislations affecting policy matters and to defend the government policy
in the House by answering the opposition.
The PM enjoys the confidence of the Lok Sabha, and by virtue of that he is the
leader of the House. If a PM loses the confidence of the majority of the parliament,
he has to dissolve the parliament and go to the electorate to elect a new
parliament.
Link between the Cabinet and the President: (Article 78)
As a leader of the Cabinet and the Parliament, the Prime Minister acts as their link
with the President. He conveys the policy advices agreed upon in the cabinet and
parliament to the president, which the president is constitutionally obliged to
implement.
A Coordinator: (Article 74)
As the leader of the council of ministers, the executive heads of the department,
the Prime Minister coordinates the working of all the ministries of the union. He
solves the inter-departmental disputes and ensures that the policies agreed upon
by the cabinet and parliament are carried out faithfully.
Leader of the Nation:
As the leader of the popularly elected house, the cabinet and the executive, the
Prime Minister is the popular leader of the Nation. He represents the nation on the
world stage. In any time of crisis or necessity the nation looks towards the Prime
Minister for leadership and initiative. His will is the will of the Indian nation.
Powers and Functions of the PM:
Executive Powers:
The prime minister leads the functioning and exercise of authority of the
government of India.
He is responsible for aiding and advising the president in distribution of work of
the government to various ministries and offices and in terms of the Government
of India (Allocation of Business) Rules, 1961.
While the work of the government is generally divided into various Ministries, the
prime minister may retain certain portfolios if they are not allocated to any
member of the cabinet. The prime minister is usually always in charge/head of:

 Ministry of Personnel, Public Grievances and Pensions

 Cabinet Secretariat
 Appointments Committee of the Cabinet
 Cabinet Committee on Security
 Cabinet Committee on Economic Affairs
 NITI Aayog
 Department of Atomic Energy
 Department of Space
 Nuclear Command Authority
The prime minister represents the country in various delegations, high level
meetings and international organizations that require the attendance of the
highest government office, and also addresses to the nation on various issues of
national or other importance.
Per Article 78 of the constitution, the official communication between the union
cabinet and the president are through the prime minister.
Administrative and Appointment Powers:
He advises (binding) to the president names for the appointment of:

 Chief Election Commissioner of India and other Election Commissioners of

India
 Comptroller and Auditor General of India
 Chair and members of the UPSC
 Chief Information Commissioner of India and Information Commissioners of
India
 Chair and members of the Finance Commission
 Attorney General of India and Solicitor General of India
As the chairperson of Appointments Committee of the Cabinet (ACC), he decides
the postings of:
a. Top civil servants: secretaries, additional secretaries and joint secretaries in
the government of India.
b. Top military personnel: Chief of the Army Staff, Chief of the Air Staff, Chief
of the Naval Staff and commanders of operational and training commands.
c. Indian Police Service officers.
As the Minister of Personnel, Public Grievances and Pensions, the PM exercises
control over:
a. Indian Administrative Service (IAS), which staffs most of the senior civil
service positions;
b. the Public Enterprises Selection Board (PESB); and
c. the Central Bureau of Investigation (CBI), except for the selection of its
director, who is chosen by a committee of: (a) the prime minister, as
 chairperson; (b) the leader of the opposition in Lok Sabha; and (c) the chief
justice.
He, however, does not have much influence over the selection of judges, which is
done by a committee consisting of the Chief Justice of India, four senior
most judges of the Supreme Court of India and the chief justice of the
concerned state high court.
Legislative Powers:
As the leader of the majority party or coalition, the PM acts as the leader of the
parliament.
He represents the executive in the legislature. He announces important legislation
and policies, and responds to the opposition's concerns.
Article 85 of the Indian constitution confers the president with the power to
convene and end extraordinary sessions of the parliament, this power, however, is
exercised only on the advice of the prime minister and his council, so, in practice,
the prime minister does exercise some control over affairs of the parliament.
Conclusion:
In words of Administrative Reform Commission of India:
“The constitution accords the PM a special position. He is not only the head of the
council of ministers but also the President’s principal adviser. The high position
invests him with the special responsibility to see that the institution functions as a
team that the rule of collective responsibility is effectively enforced that policies
are made objectively and realistically after due study and deliberation and
motivated by the national interests that they are implemented properly and
effectively, that the administration is responsive to the people.”

UNION LEGISLATURE/PARLIAMENT
The Parliament of India is the supreme legislative body of the Republic of India.
It is a bicameral legislature composed of the President of India and the two houses:
the Rajya Sabha and the Lok Sabha.
In matters of legislation both the houses have co-equal powers except in the case
of money-bills in which the Lok Sabha has the supreme authority.
The President in his role as head of legislature has full powers to summon and
prorogue either house of Parliament or to dissolve Lok Sabha. He can exercise
these powers only upon the advice of the Prime Minister and his Union Council of
Ministers.
Those elected or nominated (by the President) to either house of Parliament are
referred to as Members of Parliament (MP).
Lok Sabha or House of People:
It is the lower house of India's Parliament.
Members of the Lok Sabha are elected by adult universal suffrage and a first-past-
the-post system to represent their respective constituencies, and they hold their
seats for five years or until the body is dissolved by the President on the advice of
the council of ministers. The house meets in the Lok Sabha Chambers of
the Sansad Bhavan, New Delhi.
The maximum strength of the House allotted by the Constitution of India is 552
(Initially, in 1950, it was 500). Currently, the house has 543 seats which is made up
by the election of up to 543 elected members.
Between 1952 and 2020, 2 additional members of the Anglo-Indian community
were also nominated by the President of India on the advice of Government of
India, which was abolished in January 2020 by the 104th Constitutional
Amendment Act, 2019.
A total of 131 seats (24.03%) are reserved for representatives of Scheduled Castes
(84) and Scheduled Tribes (47). The quorum for the House is 10% of the total
membership.
The Lok Sabha, unless sooner dissolved, continues to operate for five years from
the date appointed for its first meeting. However, while a proclamation of
emergency is in operation, this period may be extended by Parliament by law.
An exercise to redraw Lok Sabha constituencies' boundaries is carried out by the
Boundary Delimitation Commission of India every decade based on the Indian
census, last of which was conducted in 2011. This exercise earlier also included
redistribution of seats among states based on demographic changes but that
provision was suspended in 1976 following a constitutional amendment to
incentivize the family planning program which was being implemented. The 17th
Lok Sabha was elected in May 2019 and is the latest to date.
Qualifications:
Article 84 of Indian Constitution:

1. A citizen of India, and must subscribe before the Election Commission of

India, an oath or affirmation.
2. Not be less than 25 years of age.
3. Should not be proclaimed criminal i.e. they should not be a convict, a
confirmed debtor or otherwise disqualified by law
4. Should have his name in the electoral rolls in any part of the country.
Article 101:

1. A member of both Houses of Parliament have to vacate his seat in one House
or the other.
2. A member both of Parliament and of a House of the Legislature of a State
have to vacate one seat.
During normal functioning of the House a seat in the Lok Sabha will become
vacant when a member

1. Resigns by writing to the speaker.

 2. Absent from 60 consecutive days of proceedings of the House, without prior
permission of the Speaker.
3. Subject to any disqualifications mentioned in the Constitution or any law
enacted by Parliament.
4. Disqualified under the 'Anti-Defection Law'.
Officers of the Lok Sabha:
Speaker and Deputy Speaker:
As per Article 93 of Indian Constitution, the Lok Sabha has a Speaker and a Deputy
Speaker.
Election:
Both are elected from among its members by a simple majority of members
present and voting in the House.
Qualification:
No specific qualifications are prescribed for being elected Speaker.
Removal:
As per Article 94 of Indian Constitution, a Speaker or a Deputy Speaker should
vacate his office, a) if he ceases to be a member of the House of the People, b) he
resigns, or c) is removed from office by a resolution of the House passed by a
majority.
Position and Powers:
a. Presiding Officer of Lok Sabha and conducts the business in the
House.
b. Maintains discipline and decorum in the house and can punish a
member for their unruly behavior by suspending them.
c. Decides on the agenda to be taken up for discussion during the
meeting.
d. Permits the moving of various kinds of motions and resolutions, and
calling attention notice as per the rules.
e. Presides over joint sittings called in the event of disagreement
between the two Houses on a legislative measure.
f. Vested with the power relating to the disqualification of a member of
the Lok Sabha on grounds of defection—52nd Amendment.
g. Makes obituary references in the House, formal references to
important national and international events and the valedictory
address at the conclusion of every Session and when the term of the
House expires.
h. Does not vote in the House except on those rare occasions when there
is a tie at the end of a decision. Till date, the Speaker of the Lok
Sabha has not been called upon to exercise this unique casting vote.
When the office of Speaker is vacant, the duties of the office are performed by the
Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member
of the House of the People as the President may appoint for the purpose.
Parliament Secretariat:
The Secretariat of Lok Sabha was set up pursuant to the provisions contained in
Article 98 of the Constitution.
The Lok Sabha Secretariat functions under the overall guidance and control of the
Speaker. The main activities of the Secretariat include the following:
1. Providing secretarial assistance and support to the effective functioning of
the Lok Sabha
2. Providing amenities as admissible to Members
3. Servicing the various Parliamentary Committees
4. Preparing research and reference material and bringing out various
publications
5. Recruitment of manpower in the Secretariat and attending to personnel
matters
6. Preparing and publishing a record of the day-to-day proceedings of the Lok
Sabha and bringing out such other publications, as may be required
concerning the functioning of the Lok Sabha and its Committees.
In the discharge of his constitutional and statutory responsibilities, the Speaker is
assisted by the Secretary-General, who holds the rank equivalent to the Cabinet
Secretary. The Secretary-General is assisted by senior functionaries at the level of
Secretary, Additional Secretary, Joint Secretary and other officers and staff of the
Secretariat.
Sessions:
The period during which the House meets to conduct its business is called a
session. The Constitution empowers the President to summon each House at such
intervals that there should not be more than a six-month gap between the two
sessions. Hence the Parliament must meet at least twice a year. But, three sessions
of Lok Sabha are held in a year:

a. Budget session: February to May.

b. Monsoon session: July to September.
c. Winter session: November to mid-December.
When in session, Lok Sabha holds its sittings usually from 11 a.m. to 1 p.m. and
from 2 p.m. to 6 p.m. On some days the sittings are continuously held without
observing lunch break and are also extended beyond 6 p.m. depending upon the
business before the House. Lok Sabha does not ordinarily sit on Saturdays and
Sundays and other closed holidays.
Quorum:
The quorum is one tenth of the total membership of the House.
Powers of the Lok Sabha:
Legislative Powers:
a. It can make any law along with the Rajya Sabha in the Union and
Concurrent lists.
b. Sometimes it can make a law in the state list whenever the Rajya Sabha
passes a resolution that the certain matter has national importance.
 c. In case of disagreement between the two houses, the president may summon
a joint sitting of both houses and the issue is removed by a majority of total
members of both houses present.
d. Its legislative powers increase immensely during an emergency.
Executive Powers:
It exercises control over the executive through:
a. Seeking information from the government on any matter through the
questions and supplementary.
b. Move resolution motion for adjournment, vote of censure and vote of no-
confidence against the government. The government can remain in office
until it has the confidence of the Lok Sabha.
c. All the emergency proclamation and ordinance promulgated by the
president must be placed before the Lok Sabha for its approval.
Financial Powers:
It has the exclusive financial powers.
a. All the financial bills are initiated in the Lok Sabha and not in the Rajya
Sabha.
b. A money bill passed by it is sent to the Rajya Sabha, which must be returned
within 14 days without or without amendment. The amendments made by
the Rajya Sabha are not binding. If Rajya Sabha doesn’t return a bill within
14 days it is deemed to have been passed by both Houses on the expiration
of the said period.
c. It asses the budget and determines how revenues are raised and spent.
Constitutional Powers:
No constitutional amendment is possible unless it is passed by the Lok Sabha with
two-third majority of the total membership.
However, this power is limited, since the amendment must be passed by both the
Houses separately and the amendment to certain prescribed provision of the
constitution must be ratified by at least half the state legislatures.
Electoral Powers:
The members of the Lok Sabha participate in the election of the President and the
vice-president, with the members of the Rajya Sabha.
The can also initiate charge of impeachment against the president. In case the
charge is referred by the Rajya Sabha, it investigates the charge.
The VP is also removed from office by a resolution of Rajya Sabha and agreed to by
the Lok Sabha.
Judicial Powers:
It acts as a court for trial of persons, who violate its rules, dignity and privileges.
Its decision is final and cannot be challenged in any court of law.
The two houses can present a joint address to the president for removal of a judge
of Supreme Court or high court. The Lok Sabha can approve a proposal by two-
third majority of its total membership. The demand is then placed before the
president for approval.
Rajya Sabha or Council of States:
It is the upper house of the Parliament of India.
It currently has a maximum membership of 245, of which 233 are elected by the
legislatures of the states and union territories using single transferable
votes through Open Ballot while the President can appoint 12 members for their
contributions to art, literature, science, and social services.
The representation to the units is given on the basis of population unlike American
Constitution, which gives equal representation to the federating units.
Members sit for terms lasting six years, but almost a third of the 233 designates up
for election every two years, specifically in even-numbered years.
The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, it is not
subjected to dissolution. However, like the Lok Sabha, it can be prorogued by the
President.
The Vice President of India is the ex-officio Chairman of the Rajya Sabha, who
presides over its sessions. The Deputy Chairman, who is elected from amongst the
house's members, takes care of the day-to-day matters of the house in the absence
of the Chairman. The Rajya Sabha held its first sitting on 13 May 1952.
Qualifications:
Article 84 of the Constitution. A member of the Rajya Sabha must:

 Be a citizen of India.
 Be at least 30 years old. (article 84 constitution of India)
 Be elected by the Legislative Assembly of States and Union territories by means
of single transferable vote through proportional representation.
 Not be a proclaimed criminal.
 Not be a subject of insolvent
 Not hold any other office of profit under the Government of India.
 Not be of unsound mind.
 Possess such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.
In addition, twelve members are nominated by the President of India having
special knowledge in various areas like arts and science. However, they are not
entitled to vote in Presidential elections as per Article 55 of the Constitution.
Officers:
Chairman:
The VP of India is ex-officio Chairman of the Rajya Sabha. He is assisted by a
deputy chairman, who is elected by the members of the council. If the Sabha is
considering a resolution of no-confidence against the VP, then he cannot preside
over the sitting council.
Leader of the House:
This is a cabinet minister – the Prime Minister if he is a member of the House, or
another nominated Minister. The Leader has a seat next to the Chairman, in the
front row.
Leader of the Opposition:
Leads the opposition parties. This is commonly the leader of the largest non-
government party, and is recognized as such by the Chairman.
Powers of Rajya Sabha:
It has co-equal powers with the Lok Sabha, except in the financial matters. It is
neither as powerful as the US Senate, nor as weak as the House of Lords of the
UK. Its powers are:
Legislative Powers:
It enjoys coequal powers with the Lok Sabha. It can introduce legislative bills,
except financial and budgetary bills. All bills originating in the Lok Sabha shall
pass through the Rajya Sabha before it can become a law. In case of any
disagreement, a joint sitting of both Houses of the Parliament will be called, in
which simple majority will pass the bill into an act.
Constitution Amending:
The Constitution amendment bill may either be introduced in the Rajya Sabha, or
in Lok Sabha, but it must be passed by both Houses separately.
Election Power:
It participates in the election of president and VP of India.
Financial Powers:
It is subordinate to the Lok Sabha in matter of financial bills. No money bill can
originate in this House. It can suggest amendments to the said bills but those are
not binding on the Lok Sabha. It cannot stop the passage of money bills, which will
automatically become an act after 14 days of arrival in this House.
Judicial Powers:
It shares with the Lok Sabha the power of initiating or investigating and deciding
impeachment charges against the President and the VP, who will stand removed if
agreed by the Houses.
It also shares equal powers with Lok Sabha in passing of joint resolution against
any judge of Supreme Court or high Court; who is removed from service on
address.
Other Powers:
In the Indian federal structure, the Rajya Sabha is a representative of the States in
the Union legislature. For this reason, the Rajya Sabha has powers that protect the
rights of States against the Union.
Union State Relations:
The Constitution empowers the Parliament of India to make laws on the matters
reserved for States. However, this can only be done if the Rajya Sabha first passes
a resolution by a two-thirds supermajority granting such a power to the Union
Parliament. The Union government cannot make a law on a matter reserved for
states without any authorization from Rajya Sabha.
Creation of All India Services:
The Rajya Sabha, by a two-thirds supermajority can pass a resolution empowering
the Government of India to create more All-India Services common to both the
Union and the States.
Limitations on the Power of Rajya Sabha:
The Constitution of India places some restrictions on Rajya Sabha, Lok Sabha is
more powerful in certain areas.
Money Bills:--Article 110.
A money bill can be introduced only in the Lok Sabha by a minister, on
recommendation of President of India.
When the Lok Sabha passes a money bill, it is then sent to the Rajya Sabha for 14
days during which it can make recommendations for amendments.
If Rajya Sabha fails to return the money bill in 14 days to the Lok Sabha, that bill is
deemed to have passed by both the Houses. Also, if the Lok Sabha rejects any (or
all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have
been passed by both Houses of Parliament of India in the form the Lok Sabha
finally passes it.
Hence, Rajya Sabha can only give recommendations for a money bill but it cannot
amend a money bill.
Joint Siting of the Parliament:--Article 108
A joint sitting can be convened by the President when one house has either
rejected a bill passed by the other house, has not taken any action on a bill for six
months, or has disagreed to the amendments proposed by the Lok Sabha on a bill
passed by it.
Considering that the numerical strength of Lok Sabha is more than twice that of
Rajya Sabha, Lok Sabha tends to have a greater influence in a joint sitting of
Parliament. A joint session is chaired by the Speaker of Lok Sabha. Also, because
the joint session is convened by the President on advice of the government, which
already has a majority in Lok Sabha, the joint session is usually convened to get
bills passed through a Rajya Sabha in which the government has a minority.
(Happened only thrice)
 1961: Dowry Prohibition Act, 1958
 1978: Banking Services Commission (Repeal) Act, 1977
 2002: Prevention of Terrorism Act, 2002
No Confidence Motion:
The executive is collectively responsible to the Lok Sabha, which can bring a no-
confidence motion against the government, and thereby exercise great control over
it.
The Rajya Sabha cannot bring to the house a no-confidence motion against the
government.
Law Making in Parliament:
Bill and Act?
Legislative proposals are brought before either house of the Parliament in the form
of a bill. A bill is the draft of a legislative proposal, which, when passed by both
houses of Parliament and assented to by the President, becomes an act of
Parliament. Bills may be classified into several groups:
Government Bill: introduced in the Parliament by ministers.
Private member’s Bill: introduced by private members.
Public bill: referring to a matter applying to the public in general.
Private bill: relates to a particular person or corporation or institution.
Money Bills: includes proposals for taxation or expenditure of public funds.
Ordinary Bill: concern matters of general public importance and do not contain
any proposal regarding raising of money or expenditure of funds.
How a bill becomes an Act of the Parliament:
A bill has to pass through following stages before it becomes an act of the
parliament.
First Reading or Introduction:
The legislative process begins with the introduction of a bill in either house of
Parliament. It is necessary for a member-in-charge of the bill to ask for the leave of
the house to introduce the bill. If the majority of Members present and voting
support the motion, the leave is deemed to have been granted by the house, the
bill is introduced. This stage is known as the first reading of the bill.
If the motion for leave to introduce a bill is opposed, the speaker may, allow a brief
explanatory statements to be made by the member who opposes the motion and
the member who moved the motion.
However, the motion for leave to introduce a finance bill or an appropriation bill is
forthwith put to the vote of the house. Money/appropriation bills and financial bills
can be introduced only in the Lok Sabha per Articles 109, 110 and 117. The
Speaker of Lok Sabha decides whether a bill is a money bill or not. The Vice-
President decides whether a bill is a money bill or not when the bill is introduced
in the Rajya Sabha.
Publication in the Official Gazette:
After a bill has been introduced, it is published in The Gazette of India. Even
before introduction, a bill might, with the permission of the speaker, be published
in the Gazette. In such cases, leave to introduce the bill in the house is not asked
for and the bill is straight away introduced (mostly govt. bills.)
Reference of bill to the Standing Committee:
After a bill has been introduced, the presiding officer of the concerned house can
refer it to the concerned standing committee.
The committee considers the general principles and clauses of the bill and make a
report thereon. It can also seek expert opinion or the opinion of those interested in
the measure.
After the bill has thus been considered, the report is submitted to the house; which
being of persuasive value, shall be treated as considered advice.
Second Reading:
The second reading consists of consideration of the bill which occurs in two stages.
First Stage:
It consists of general discussion on the bill as a whole when the principle
underlying the bill is discussed. The details of the bill are not discussed nor are
amendments moved. At this stage it is open to the house to:
 Refer the bill to a select committee of the house
 To joint committee of the two houses
 To circulate it for the purpose of eliciting opinion thereon
 To straight away take it into consideration.
If a bill is referred to a select or joint committee, consisting both of government
and opposition members in proportion to their strength in the Lok Sabha, the
committee considers the bill clause-by-clause. Amendments can be moved to the
various clauses by members of the committee. The committee can also take
evidence of associations, public bodies or experts who are interested in the
measure.
If a bill is circulated for the purpose of eliciting public opinion thereon, such
opinions are obtained through the governments of the states and union territories.
Opinions so received are laid on the table of the house and the next motion in
regard to the bill must be for its reference to a select/joint committee.
After the bill has thus been considered, the committee submits its report to the
house.

Second Stage:
After the bill is reported back by the committee, the member in-charge of the bill
move that the bill as reported by the committee be taken into consideration. The
debate at this stage is confined to the report of the committee. A vote is taken.
After the motion is carried, the bill is taken up for consideration clause by clause.
Every clause is debated upon. Amendments are moved, accepted or rejected, by
voting. When all clauses are thus approved, the bil as a whole, is put to the vote of
the house.
Third Reading:
It is a formal stage. The member in-charge of the bill may ove that the bill may be
passed. Details are not discussed, nor are amendments moved. Some verbal or
formal amendments may, however, be made. The debate of general character,
either in support of or against the bill take place. Finally the bill is put to vote, and
if it is passed by the majority of the members present and voting, it is so declared
by the Speaker.
Bill in the other House:
After the bill is passed by one house of Parliament, it is sent to the other house,
and there also it goes through the stages described above, except the introduction
stage.
If a bill passed by one house is amended by the other house, it is sent back to the
originating house for approval. If the originating house does not agree with the
amendments, it will be that the two houses have disagreed.
The other house may keep a money bill for 14 days and an ordinary bill for three
months without passing (or rejecting) it. If it fails to return the bill within the fixed
time, the bill is deemed to be passed by both the houses and is sent for the
approval of the President.
At the state level, it is not mandatory that a bill shall be passed by the legislative
council (if existing) per Articles 196 to 199. There is no provision of conducting
joint session of both houses to pass a bill.
Joint Session of both houses:
In case of a deadlock between the two houses or in a case where more than six
months lapse in the other house, the President may summon a joint session of the
two houses which is presided over by the Speaker of the Lok Sabha and the
deadlock is resolved by simple majority.
Presidential Approval:
When a bill has been passed by both houses, it is sent for the Presidential approval
per Article 111. The President can assent or withhold his assent to a bill or he can
return a bill.
If the President gives his assent, the bill is published in The Gazette of India and
becomes an act from the date of his assent.
If the President is of the view that a particular bill passed under the legislative
powers of Parliament violates the Constitution, he can return the bill with his
recommendations to pass the bill under the constituent powers of Parliament
following the Article 368 procedure. The President shall not withhold constitutional
amendment bill duly passed by Parliament per Article 368.
If the bill is passed again and returned to the President, he must give his assent to
it.
If he withholds his assent, the bill is dropped, which is known as absolute veto. The
President can exercise absolute veto on aid and advice of the Council of Ministers
per Article 111 and Article 74.
The President may also effectively withhold his assent as per his own discretion,
which is known as pocket veto.
In the case the president withhold his assent, and the bill is repassed by simple
majority with or without amendment, then he must give his assent and the bill is
deemed to become a law.
Moreover, the bill can be modified as a constitutional amendment bill and passed
under its constituent powers for compelling the president to give assent. However,
if a constitutional amendment act is violating the basic structure of the
Constitution, the constitutional bench of the Supreme Court would quash the act.
Coming into Force:
Generally most acts will come into force in a manner as prescribed in the act itself.
Either it would come into effect from the date of assent by the President, or a
specific date is mentioned in the act itself or on a date as per the wish of the
central or the state government as the case may be.
Ordinances:
When both houses of Parliament are not in session, and under compelling
circumstances; if the President is satisfied for the need of immediate action, he
may promulgate such required ordinances under Article 123 of the
Constitution. An ordinance has same force and effect as an act of Parliament.
Every ordinance shall cease to operate if not passed by the Parliament before the
expiration of six weeks from its reassembly. The President shall not issue any
ordinance which needs an amendment to the Constitution or which violates the
Constitution. When the state assembly is not in session, the Governor of a state can
issue ordinances per Article 213 subject to the approval of the President.
COMMITTEE SYSTEM IN INDIAN PARLIAMENT:
Indian Constitution mentions two kinds of Parliamentary Committees - Standing
Committees and Ad Hoc Committees. Any subject related to these committees is
dealt with Article 118 (1) of the Indian Constitution.
Standing Committees
There are six types of standing committees in India. They are permanent in nature.
The details of all of these are given below:
Financial Committees
There are three categories of Financial Committees:
1. Public Accounts Committee - It examines the annual reports of the
Government and scrutinizes the reports of Comptroller and Auditor General
laid in the parliament by the President.
2. Estimates Committee - It examines the estimates of the expenditure
proposed by the government in the budget and suggests ‘economies’ in
public expenditure.
3. Committee on Public Undertakings- It examines the reports and accounts of
public undertakings.

Department Standing Committees

There are a total of 24 Departmental Standing Committees: 8 under Rajya Sabha
and 16 under Lok Sabha. The list of these committees is given in the table below:

Departmental Standing Committees

Committees under Lok Sabha Committees under Rajya Sabha

Committee on Agriculture Committee on Commerce

Committee on Information Technology Committee on Home Affairs

Committee on Defense Committee on Human Resource

Development

Committee on Energy Committee on Industry

Committee on External Affairs Committee on Science & Technology,

Environment & Forests

Committee on Finance Committee on Transport, Tourism and

Culture

Committee on Food, Consumer Affairs Committee on Health and Family Welfare

and Public Distribution

Committee on Labor Committee on Personnel, Public Grievances,

Law and Justice

Committee on Petroleum & Natural

Committee on Railways

Committee on Urban Development

Committee on Water Resources

Committee on Chemicals and Fertilizers

Committee on Rural Development

Committee on Coal and Steel

Committee on Social Justice and

Empowerment

Functions of these 24 Departmental Standing Committees are:

i. They work upon the demand for grants of the concerned ministries. They
don’t propose any cut-motion
ii. They examine the bills of concerned ministry
iii. They work upon the annual reports of the ministries
iv. They also consider policy documents presented the ministries before both
the houses
Facts about Departmental Standing Committees:
i. They don’t consider day-to-day administration
ii. They generally don’t intervene into matters taken up by another
departmental standing committees
iii. Recommendations made them are advisory in nature, hence are not binding
on the Parliament
Committees to Inquire
There are three types:
1. Committee on Petitions - Whenever there is a petition on a bill or if there
is any matter of general public importance, this committee examines those.
2. Committee of Privileges - If any member of the house breaches the code
of it, this committee acts upon it and proposes a suitable action. It is semi-
judicial in nature. In Lok Sabha it has 15 members, in Rajya Sabha, it has
10.
3. Ethics Committee - If any member of the house misconducts and shows
indiscipline, this committee acts upon that and decides suitable action.

Committees to Scrutinize and Control

There are six types of these committees which are given below:
1. Committee on Government Assurance - Whenever a minister makes any
promise, or assure, or take any undertaking in Lok Sabha; this committee
examines the extent of such promises, assurances and undertakings carried
through by him/her. It has 15 members in Lok Sabha and 10 members in
Rajya Sabha.
2. Committee on Subordinate Legislation - It examines whether the
executives are exercising well, their powers to make regulations, rules, sub-
rules and bye-laws delegated by the Parliament or conferred by the
Constitution. In both the houses, it comprises 15 people.
3. Committee on Papers laid on the table - When ministers lay any paper
on the table, this committee scrutinizes the credibility of the paper and if
that paper complies with the provision of the constitution. It has 15
members in Lok Sabha and 10 in Rajya Sabha.
4. Committee on Welfare of SCs & STs - It consists of 30 members. 20 are
taken from Lok Sabha and 10 from Rajya Sabha. Reports of National
Commission for SCs and National Commission for STs are considered by this
committee.
5. Committee on Empowerment of women - The report of National
Commission for women is considered by this committee.
6. Joint Committee on Offices of Profit - This committee examines the
composition and character of committees and other bodies appointed by the
Central, state and union territory governments and recommends whether
persons holding these offices should be disqualified from being elected as
members of Parliament or not.

Committees relating to the day-to-day business of the house

There are four types of this committee mentioned below:
1. Business Advisory Committee - It regulates the time-table of the house.
2. Committee on Private Members’ Bills and Resolutions - It classifies
bills and allocates time for the discussion on bills and resolutions introduced
by private members.
 3. Rules Committee - If there is any need of amendment in the rules of the
house, this committee makes a proposal.
4. Committee on Absence of Members - All the leave applications, applied
by the member of the houses are taken up by this committee.
House-Keeping Committees
There are three types of this committee mentioned below:
1. General Purposes Committee - Matters that do not fall under the
jurisdiction of other parliamentary committees are taken up by this
committee. The members of this committee comprise: Presiding officer as its
ex-officio chairman; Deputy Speaker/Chairman; Chairpersons of all the
departmental standing committees of the House; Leaders of recognized
parties and groups in the House and, other members as nominated by the
presiding officer.
2. House Committee - The facilities given to the members of the houses in the
name of residences, food, medical aid, etc. are supervised by this committee.
3. Library Committee - The library of the houses and the amenities attached
with it are managed by this committee.

Ad-Hoc Committees
There are two types of ad-hoc committees. They are temporary in nature. The
details of these committees are given below:
1. Inquiry Committees
These committees can be proposed by either house or can also be appointed
by the speaker/chairman of the respective house. Few examples of Inquire
Committees are:
Joint Committee on Fertilizer Pricing
Joint Committee to Enquire into Irregularities in Securities and Banking
Transactions
Joint Committee on Stock Market Scam, etc.

2. Advisory Committees
Whenever a bill is introduced into the Parliament, it is referred to an
advisory committee. There are two types of advisory committees.
i. Select Committee: is appointed for every bill, and comes to an end
as soon as the bill referred to it is reported back to the House.
ii. Joint Committee: these are appointed for important bills. It has
members from both Houses of the Parliament. 2/3 Lok Sabha, 1/3
Rajya Sabha.
 JUDICIAL SYSTEM OF INDIA

The Indian Judiciary administers a common law system in which customs,

securities and legislation, all codify the law of the land. It has, inherited the legacy
of the legal system established by the Great Britain and the princely states, and
has partly retained the characteristics of practices from the ancient and medieval
times.
The Indian Judicial system is managed and administrated by officers of judicial
service. As per the Constitution of India, judicial service is an arm of the All India
Services but, due to various reasons, judges are appointed through the
respective state public service commissions or by the High Court up to the post of
district judge. Judges of the High Court and Supreme Court are appointed by
the President of India on the recommendation of a collegium.
The Judicial system of India is classified into three levels with subsidiary parts.
1. The Supreme Court of India, is the top court and the last appellate court in
India.
2. High Courts are the top judicial bodies in the states.
3. Below the High Court are District Courts, also known as subordinate courts.
The subordinate court system is further classified into two:
a. the Civil Court, followed by the Munsif Court at the lower level,
b. The Criminal Court, followed by Judicial Magistrate and Metropolitan
Magistrate Courts at lower level.
Another court is Executive & Revenue Court which are managed and controlled by
state government through District Magistrate & Commissioner, respectively.
Although the executive courts are not the part of judiciary but various provisions
and judgements empower the High Courts and the Session Judges to inspect or
direct the working of executive courts.
The Ministry of Law & Justice at the Union level is responsible for raising issues
before parliament for the proper functioning of the judiciary. It has complete
jurisdiction to deal with the issues of any courts of India, from SC to subordinate
and Executive Courts. It also deals with the appointment of Judges of the High
Courts and the Supreme Court. At the state level, the law departments of the
states deal with the issues of the High Court and the Subordinate Courts. The
constitution provides for a single unified judiciary in India.
The Constitution and the Judiciary:
There are number of provision which specifically deals with the Indian Judiciary.
 Part V - Chapter IV—Supreme Court—appointment & removal, role & function.
 Part VI - Chapter V—High Court—appointment & removal, role & function.
 Part VI - Chapter VI—Subordinate Courts—appointment & removal, role &
function.
 Article 50—Independence of Judiciary—separates judiciary from executive.
 Other provision under various parts & Articles dealing with the court
responsibility.
The Constitution empower Judiciary to act as:
i. The final interpreter of what constitution says.
ii. The guardian of the Constitution, by calling for scrutiny of any act of the
legislature or the executive, and preventing them from overstepping bounds
set by the Constitution.
iii. Protector of the fundamental rights of the people, as enshrined in the
Constitution, from infringement by any organ of the state.
It also grants independence to the Judiciary, by:
i. Holding it to be a basic feature of the Constitution, and which cannot be
taken away by any act or amendment by the legislature or the executive.
ii. Making the appointment of new judges independent of the executive and
legislature, who are appointed after binding recommendation from a
collegium of Apex Court Judges.
iii. No judges of the Apex Courts can be removed from office once appointed,
unless two-thirds of members of both of the Houses of the Parliament back
the move, and only on grounds of proven misconduct or incapacity, which
must be proved.
iv. Large emoluments, which cannot be reduced by the parliament and the
executive.
Moreover, the Constitution bounds the judges to be impartial in their decisions,
and have taken several measures towards this goal:
i. A judge of a court is debarred from practicing to prevent conflict of interest.

The Supreme Court of India:

The Supreme Court as the highest court of the country came into existence on the
26th January 1950, i.e. the date of commencement of the Constitution. Previously,
this function was performed by the Federal Court of India, which was established
in 1937 under the GOI Act 1935, having judicial links with the Privy Council of
HOL. Under the Constitution, the Supreme Court is the highest court of civil and
criminal appeal and is also vested with original and advisory jurisdiction. It also
has the power of judicial review of legislative and executive acts. Moreover
Composition:
The Constitution provided for a supreme court with a chief justice and 7 judges. In
the early years, a full bench of the Supreme Court sat together to hear the cases.
As the work of the Court increased, Parliament increased the number of judges
from the original 8 in 1950 to 34 in 2019. They now sit in smaller benches of
two/three (division bench)—coming together in larger benches of five or more
(constitution bench).
Benches:
The strength of the benches increases with the complexity of the case. Cases
involving Interpretation of the Constitution are heard by at least a 5 judge bench
as provided under Article 145(3).
The largest-ever bench at the Supreme Court of India has been constituted in 1973 in Kesavananda
Bharati v. State of Kerala. A bench of 13 judges was set up to decide whether Parliament had the
unfettered right to amend the Constitution or not that eventually gave rise to the Basic Structure
doctrine.

Qualifications:
A citizen of India not exceeding 65 years age per Article 124 of the Constitution
who has been:
1. A judge of high court, for at least five years.
2. An advocate in the same, for at least ten years.
3. A distinguished jurist, (in the opinion of the president, power conferred by clause 2 of
article 124 of the Constitution)

Are eligible to be recommended for appointment, a judge of the Supreme Court.

Chief justice is appointed by the President upon nomination by other judges of
Supreme Court.
Removal:
All judges of Supreme Court hold the office till the age of 65 years.
Article 124(4)—President can remove a judge on misbehavior or incapacity
when parliament approves it with a majority of the total membership of each house
in favor of impeachment and not less than two thirds of the members of each house
present.
For initiating impeachment proceedings against a judge, at least 50 members
of Rajya Sabha or 100 members of Lok Sabha shall issue the notice per Judges
(Inquiry) Act, 1968. Then a judicial committee would be formed to frame charges
against the judge, to conduct the fair trial and to submit its report to parliament.
When the judicial committee report finds the judge guilty of misbehavior or
incapacity, further removal proceedings would be taken up by the parliament if the
judge is not resigning himself.
Jurisdiction:
The Supreme Court has original, appellate and advisory jurisdiction.

Original Jurisdiction:
Disputes between Governments:
Any dispute between:
a) The Center and a State(s).
b) The Center and any State(s) on one side and other State(s) on the opposite.
c) Two or more States.
If the dispute involves any question on which the existence or extent of a legal
right depends.
Enforcement of Fundamental Rights:
According to Article 32 of the Constitution. It is empowered to issue directions,
orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari to enforce them.

Transfer of Cases:
It has the power to direct transfer of any civil or criminal case from one State High
Court to another State High Court or from a Court subordinate to another State
High Court.
If satisfied that cases involving substantially the same questions of law are pending
before it and one or more High Courts or before two or more High Courts and that
such questions are substantial questions of general importance, may withdraw a
case or cases pending before the High Court or High Courts and dispose of all such
cases itself. Under the Arbitration and Conciliation Act, 1996, International
Commercial Arbitration can also be initiated in the Supreme Court.

Appellate Jurisdiction:
In cases in the High Court:
Appellate Jurisdiction of SC can be invoked by a certificate granted by the High
Court under Article 132(1), 133(1) or 134 of the Constitution with regard to any
judgement, decree or final order of a High Court in both civil and criminal cases,
involving substantial questions of law as to the interpretation of the Constitution.

Civil Matters:
In civil matters appeals lie to the Supreme Court if the High Court certifies that:
a) The case involves a substantial question of law of general importance,
b) The said question needs to be decided by the Supreme Court.

Criminal Matters:
In criminal cases, an appeal lies to the Supreme Court if the High Court:
a) Has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to imprisonment for life or for a period of not less
than 10 years.
b) Has taken over a case under trial in a subordinate court, and has convicted
the accused and sentenced him to death or to imprisonment for life or for a
period of not less than 10 years.
c) Has certified that the case is a fit one for appeal to the Supreme Court.

Parliament is authorized to confer on the SC any further powers to entertain and

hear appeals from any judgement, final order or sentence in a criminal proceeding
of a High Court.

In cases in other courts and tribunals:

The SC has also a very wide appellate jurisdiction over all Courts and Tribunals in
India to the extent that it may, in its discretion, grant special leave to appeal under
Article 136 of the Constitution against any judgment, decree, sentence or order in
any cause or matter by any Court or Tribunal in India.

Advisory Jurisdiction:
The article 143 of the Constitution states that the SC has advisory jurisdiction. The
president may refer any question of law to the SC to obtain its opinion and the SC
may after such hearing as it thinks fit report its opinion to the President. Under
this jurisdiction even those disputes which involve interpretation of treaties and
agreements, which the rulers of former native can be referred to it for its opinion
although the court has no original jurisdiction over them. Such opinion is however
not binding on the President.

Contempt of Court:
Under Articles 129 and 142 of the Constitution the SC has been vested with power
to punish for contempt of Court.
The Court may take action
a) Suo motu.
b) On a petition made by Attorney General, or Solicitor General.
c) On a petition made by any person, and in the case of a criminal contempt
with the consent in writing of the Attorney General or the Solicitor General.

Public interest Litigation:

The Court can be moved by any person(s) either by filing a Writ Petition or by
addressing a letter to Hon'ble the Chief Justice of India highlighting the question of
public importance for invoking this jurisdiction. This concept is unique to the
Supreme Court of India only and perhaps no other Court in the world has been
exercising this extraordinary jurisdiction.

Judicial Review:
Even though Indian constitution separated the three organs of the State and made
them independent; the judiciary has been vested with the power of review over
actions of the other two. Judicial review is also called the interpretational and
observer roles of the Indian judiciary.

Suo Moto cases and the Public Interest Litigation (PIL), with the discontinuation of
the principle of Locus Standi, have allowed the judiciary to intervene in many
public issues, even when there is no complaint from the aggrieved party.

Judicial Review and Constitution

According to Article 13(2), the Union or the States shall not make any law that
takes away or abridges any of the fundamental rights, and any law made in
contravention of the aforementioned mandate shall, to the extent of the
contravention, be void.

1. Judicial review is called upon to ensure and protect Fundamental

Rights which are guaranteed in Part III of the Constitution.
2. The power of the Supreme Court of India to enforce these Rights is derived
from Article 32 of the Constitution. This provides citizens the right to
directly approach the SC to seek remedies against the violation of
Fundamental Rights.
Judicial Review Classification
We can classify judicial review into three categories. They are:

1. Reviews of Legislative Actions: This review implies the power to ensure

that laws passed by the legislature are in compliance with the provisions of
the Constitution.
2. Review of Administrative Actions: This is a tool for enforcing
constitutional discipline over administrative agencies while exercising their
powers.
3. Review of Judicial Decisions: This is seen in the Golaknath case, bank
nationalization case, Minerva Mills case, Privy Purse abolition case, etc.

Examples of Judicial Review

IT Act Section 66(A)
In 2015, the SC struck down Section 66(A) of the amended Information Technology
Act, 2000. This provided the punishment for sending “offensive” messages through
any communication device like a mobile phone or a computer. A conviction could
fetch a maximum of three years in jail and a fine. This was repealed by the SC on
the grounds that this section fell outside Article 19(2) of the Constitution, which
relates to freedom of speech.
Golaknath Case (1967)
The questions, in this case, were whether the amendment is a law; and whether
Fundamental Rights can be amended or not. SC contended that Fundamental
Rights are not amenable to the Parliamentary restriction as stated in Article 13,
and that to amend the Fundamental rights a new Constituent Assembly would be
required. Also stated that Article 368 gives the procedure to amend the
Constitution but does not confer on Parliament the power to amend the
Constitution.
This case is also sometimes cited as an example of Judicial Activism.

Limitations of Judicial Review

There are some limitations on the judiciary on exercising its power of judicial
review. In fact, when the judiciary crosses its threshold and interferes in the
executive’s mandate, it can be called judicial activism, which when furthered can
lead to judicial overreach. Some of the limitations of judicial review are mentioned
below.

1. It is only permissible to the extent of finding if the procedure in reaching the

decision has been correctly followed but not the decision itself.
2. It is designated only to the higher courts like the Supreme Court and the
High Courts.
3. The judiciary cannot interfere in political questions and policy matters
unless absolutely necessary.