0% found this document useful (0 votes)
29 views17 pages

Article 52 - 151

Part V of the document outlines the structure and powers of the Union's executive, focusing on the roles of the President and Vice-President, including their election, responsibilities, and impeachment process. It details the composition and functioning of Parliament, including the Lok Sabha and Rajya Sabha, their election processes, and the roles of various parliamentary officers. Additionally, it discusses the Council of Ministers, the Attorney-General, and the conduct of government business, emphasizing the importance of representation and accountability in the Indian political system.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
29 views17 pages

Article 52 - 151

Part V of the document outlines the structure and powers of the Union's executive, focusing on the roles of the President and Vice-President, including their election, responsibilities, and impeachment process. It details the composition and functioning of Parliament, including the Lok Sabha and Rajya Sabha, their election processes, and the roles of various parliamentary officers. Additionally, it discusses the Council of Ministers, the Attorney-General, and the conduct of government business, emphasizing the importance of representation and accountability in the Indian political system.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 17

Part V - The Union (Article 52 - 151)

CHAPTER I.—THE EXECUTIVE(Article 52 to 78)

The President and Vice-President (Article 52 to 71)

The President holds the executive power of the Union and exercises it directly
or through officers, following the Constitution.
The President is the supreme commander of the Defence Forces, but the way
this power is used is decided by law.
President cannot take away the work that already belongs to state
governments or other officials as per the law.
Parliament can assign duties to authorities other than the President through
laws.
The President is chosen by an electoral college, which includes:
Elected members of both Houses of Parliament.
Elected members of State Legislative Assemblies.
The term "State" in this context also includes the National Capital Territory of
Delhi and the Union Territory of Puducherry.
The election of the President should ensure equal representation of all States
as much as possible.
To maintain this balance between States and between States and the Union,
the number of votes per elected member is calculated as follows:
Each elected member of a State Legislative Assembly gets votes based on
the State's population, divided by the number of elected members, taking
multiples of 1,000.
If the remainder is 500 or more, each member gets one extra vote.
Each elected member of Parliament gets votes by dividing the total votes
assigned to State Assemblies by the total number of elected Parliament
members. Fractions above 0.5 are rounded up, and others are ignored.
This means that not all votes are equal when electing the President. The value of each vote is calculated carefully to balance the
power between:

1. Big and small states (so larger states don’t dominate).


2. States and the central government (so states have a fair say).

The election follows the proportional representation system using a single


transferable vote.

Imagine an election with 3 candidates:

Candidate A gets 40% of the votes


Candidate B gets 35%
Candidate C gets 25%
In a normal system, Candidate A wins, even though 60% of people preferred someone else!

1
In STV, Candidate C is eliminated, and their votes transfer to the second choice. If most of Candidate C’s
voters preferred Candidate B, B could win with 55%, reflecting true majority support.

Voting is done through a secret ballot.


The President serves a term of five years from the day they take office.
However, the President can:
Resign by writing to the Vice-President.
Be removed through impeachment for violating the Constitution. Either
House of Parliament can initiate the impeachment process.
This means that the President of India can be removed from office if they break the rules of the
Constitution. This process is called impeachment and is very strict.

How Impeachment Works:

1. Starts in Parliament – Either the Lok Sabha or Rajya Sabha can begin the process.
2. Charges Framed – The President must be accused of violating the Constitution.
3. Investigation – A detailed inquiry is conducted.
4. Approval by Both Houses – If found guilty, both Lok Sabha and Rajya Sabha must vote with a
two-thirds majority (very high number of votes needed).
5. Removal from Office – If the motion passes, the President is officially removed.

Continue in office beyond the term until the next President takes charge.
If the President resigns, the Vice-President must immediately inform the
Speaker of the Lok Sabha.
A person who is or has been the President can be re-elected.
To be eligible for election as President, a person must:
Be a citizen of India.
Be at least 35 years old.
Be qualified to be elected as a member of the Lok Sabha.
A person cannot become President if they hold any office of profit under the
Central or State Government or any local authority at the time of contesting.
However, being the President, Vice-President, Governor, or a Minister (at the
Union or State level) is not considered an office of profit.
The President cannot be a member of Parliament or any State Legislature. If an
elected member becomes President, they automatically lose their seat on
taking office.
The salary and allowances of the President cannot be reduced during their
term.
To start the impeachment process:

At least 14 days' prior notice must be given.


The notice must be signed by at least one-fourth of the House’s total
members.
A resolution to prefer charges must be passed by at least a two-thirds
majority of the total membership not just present.
2
The other House investigates the charges, and the President has the right to
appear and be represented.

If the investigating House also passes the resolution with a two-thirds majority,
the President is removed from office.

A new President must be elected before the term of the current President
expires.

If the President’s office becomes vacant due to death, resignation, or removal,


an election must be held within six months. The newly elected President will
serve a full five-year term from the date they assume office.

———————————————————

The Vice-President is the Chairman of the Rajya Sabha (Council of States).


If the Vice-President acts as the President he will not perform duties as the
Chairman of Rajya Sabha and will not receive the salary or allowances of the
Chairman during this period.
The Vice-President is elected by members of an electoral college, consisting of
members of both Houses of Parliament.
Eligibility criteria for election as Vice-President include:
Must be a citizen of India.
Must have completed 35 years of age.
Must be qualified for election as a member of the Rajya Sabha.
The Vice-President may resign by submitting a written resignation to the
President.
The Vice-President can be removed by a resolution passed by a absolute
majority of all members of the Rajya Sabha and agreed to by the Lok Sabha.
———————————————————

Parliament has the authority to make provisions for the discharge of the
President's functions in unforeseen contingencies not covered in the
Constitution.
The Supreme Court has the authority to inquire into and decide all disputes
related to the election of the President or Vice-President, and its decision is
final.
If the Supreme Court declares an election void, actions taken by the President
or Vice-President before the verdict remain valid.
Parliament has the power to make laws regulating matters related to the
election of the President or Vice-President.
An election cannot be challenged due to vacancies in the electoral college.

3
The President has the power to grant pardons, reprieves, respites, or
remissions of punishment and to suspend, remit, or commute sentences for:
Cases where the sentence is given by a Court Martial(Military forces).
Cases where the offence falls under the Union's executive power.
Cases involving a death sentence.
The authority of military officers to alter sentences by a Court Martial remains
unaffected.
The Governor's power to suspend, remit, or commute a death sentence under
state laws remains unaffected.
The Union's executive power covers:
Matters on which Parliament can legislate.
Rights, authority, and jurisdiction exercised by the Indian government
through treaties or agreements.
The Union's executive power does not extend to State matters unless explicitly
provided by the Constitution or a Parliamentary law.
Until Parliament decides otherwise, States and their officials may continue
exercising executive functions in areas where Parliament has legislative
authority, as they did before the Constitution's commencement.

Council of Ministers (Article 74,75)

India has a Council of Ministers, led by the Prime Minister, to assist and advise
the President.
The President must follow the advice given by the Council of Ministers while
performing duties.
However, the President can ask the Council of Ministers to reconsider their
advice. After reconsideration, the President must act according to the final
advice given.
Courts cannot question or investigate what advice the Ministers give to the
President.
The President appoints the Prime Minister. Other Ministers are appointed by the
President based on the Prime Minister's advice.
The total number of Ministers, including the Prime Minister, cannot exceed 15%
of the total members of the Lok Sabha.
A disqualified MP under the Tenth Schedule cannot be appointed as a Minister
during their disqualification period.
Ministers remain in their positions only as long as the President wants them to.
The Council of Ministers is collectively responsible to the Lok Sabha.
A Minister who is not a member of either House of Parliament for six
consecutive months will lose their position.

4
The Attorney-General for India (Article 76)
The President appoints the Attorney-General of India, who must be qualified to
be a Supreme Court Judge.
The Attorney-General advises the Government of India on legal matters and
performs other legal duties assigned by the President or required by law.
They have the right to appear and speak in all courts across India.
They serve at the pleasure of the President and receive a salary decided by the
President.

Conduct of Government Business(Article 77, 78)

All executive actions of the Indian government are carried out in the name of
the President.
Orders and official documents issued in the President’s name must follow
authentication rules set by the President, and their validity cannot be
questioned on this basis.
The President creates rules for smoother government functioning and for
distributing responsibilities among Ministers.
The Prime Minister must:
Inform the President about all Council of Ministers' decisions related to
administration and legislation.
Provide any information the President requests regarding governance and
legislation.
If required by the President, present any ministerial decision to the Council of
Ministers for reconsideration.

5
CHAPTER II.—PARLIAMENT

Parliament ( Article 79 - 123)


General (Article 79 - 88)

The Indian Parliament consists of the President, Rajya Sabha (Council of


States), and Lok Sabha (House of the People).
Rajya Sabha includes:
12 members nominated by the President for expertise in literature, science,
art, and social service.
Up to 238 representatives from States and Union Territories, as per the Fourth
Schedule.
State representatives are elected by State Legislative Assemblies using
proportional representation with a single transferable vote.
Union Territory representatives are selected as per Parliament’s prescribed
method.
Rajya Sabha is a permanent body and cannot be dissolved.
Every two years, one-third of its members retire, and new members are
elected.

Lok Sabha consists of:


Up to 530 members elected directly from States.
Up to 20 members representing Union Territories, chosen as prescribed
by Parliament.
Seat allocation for States is based on population to ensure fair representation.
Each State is divided into constituencies with roughly equal population-to-seat
ratios.
States with a population under six million are exempt from this rule.
After each census, Parliament readjusts seat allocation and constituency
boundaries.
The current representation remains unchanged until the next dissolution of Lok
Sabha.
Elections continue based on existing constituencies until the readjustment
takes effect.
Lok Sabha has a five-year term unless dissolved earlier.
In a National Emergency, its term can be extended by Parliament for one year
at a time but not beyond six months after the emergency ends.
6
A person must be an Indian citizen to be a Member of Parliament.
They must take an oath or affirmation before an authorized person as per the
Third Schedule.
Minimum age requirements:
Rajya Sabha: 30 years
Lok Sabha: 25 years
The President calls each House of Parliament to meet at a time and place
decided by him.
There must be no more than six months between the last sitting of one session
and the first sitting of the next session.
The President can:
Prorogue (end) the sessions of either or both Houses of Parliament.
Dissolve the House of the People (Lok Sabha), which means it is
completely dissolved, and elections are held to form a new one.
The President can address either House of Parliament or both Houses together.
To do so, the President can require the attendance of members.
The President can send messages to either House of Parliament, whether
related to a Bill or any other matter. When a message is sent, the House
must consider the matter mentioned in the message as soon as possible.
At the beginning of the first session after a general election to the House of the
People and at the start of each year, the President must address both Houses
of Parliament together. In this address, the President informs Parliament
about the reasons for calling the session.
Rules will be made to allocate time for discussing the matters mentioned in the
President’s address.
Every Minister and the Attorney-General of India can:
Speak in either House of Parliament.
Participate in proceedings of either House, joint sittings, and Parliamentary
committees they are part of.
However, they do not have the right to vote based on this privilege.

Officers of Parliament (Article 89 - 98)

The Vice-President of India is the ex officio Chairman of the Rajya Sabha.


The Rajya Sabha must elect a Deputy Chairman as soon as possible, and if the
position becomes vacant, a new member must be elected.
The Deputy Chairman vacates office if they cease to be a member of the Rajya
Sabha, resigns by writing to the Chairman, or is removed by a majority vote
of all members after a 14-day notice.
If the Chairman’s office is vacant or the Vice-President is acting as President,
the Deputy Chairman performs the Chairman’s duties. If the Deputy

7
Chairman’s office is also vacant, the President appoints another Rajya Sabha
member to perform these duties.
When a resolution to remove the Vice-President is discussed in the Rajya
Sabha, the Chairman cannot preside, even if present. Similarly, when a
resolution to remove the Deputy Chairman is discussed, the Deputy
Chairman cannot preside. In such cases, Article 91(2) ensures another
member takes over the chair.
The Chairman can speak and participate in discussions on the removal of the
Vice-President but cannot vote.
The Lok Sabha elects a Speaker and Deputy Speaker. If either office becomes
vacant, a new member is elected.
The Speaker or Deputy Speaker vacates office if they are no longer a Lok Sabha
member.
The Speaker can resign by writing to the Deputy Speaker, and the Deputy
Speaker can resign by writing to the Speaker.
The Speaker or Deputy Speaker can be removed by a resolution passed by a
majority of all sitting members of the Lok Sabha.
A 14-day notice is required before moving a resolution to remove the Speaker
or Deputy Speaker.
If the Lok Sabha is dissolved, the Speaker continues in office until just before
the first meeting of the new House.
If the Speaker’s office is vacant, the Deputy Speaker takes over. If both
positions are vacant, the President appoints a Lok Sabha member to act as
Speaker.
If the Speaker is absent, the Deputy Speaker presides. If both are absent, the
rules determine the acting Speaker. If no one is designated, the House
decides.
If a resolution to remove the Speaker is under discussion, the Speaker cannot
preside. The same rule applies to the Deputy Speaker. Article 95(2) ensures
the sitting is conducted as if they are absent.
The Speaker can speak and participate in proceedings during their removal
resolution but can vote only once. In case of a tie, the Speaker does not vote.
Each House of Parliament has its own secretarial staff, but Parliament can
create common posts for both Houses.
Parliament can pass laws to regulate the recruitment and service conditions of
secretarial staff.
Until such laws are made, the President can create rules for recruitment and
service conditions after consulting the Speaker or Chairman. These rules will
be subject to future parliamentary laws.

Conduct of Business (Article 99 to 100)

8
Decisions in either House or a joint sitting are made by a majority of members
present and voting, excluding the Speaker or Chairman.
The Speaker or Chairman does not vote initially but has a casting vote in case
of a tie.
The House can function even if some seats are vacant, and proceedings remain
valid even if an ineligible person participated.
Until Parliament decides otherwise, at least one-tenth of the total members of a
House must be present for a meeting to be valid.
If there is no quorum, the Speaker or Chairman must either adjourn the House
or suspend the meeting until the required number of members is present.

Disqualifications of Members(Article 101 - 104)

A person cannot be a member of both Houses of Parliament. If elected to both,


a law will determine which seat they must vacate.
A person cannot be a member of both Parliament and a State Legislature. If
elected to both, their seat in Parliament becomes vacant after a specified
period unless they resign from the State Legislature.
A member’s seat becomes vacant if they are disqualified under Article 102 or if
they resign in writing to the Chairman or Speaker, whose acceptance makes
the resignation valid.
If the Chairman or Speaker believes the resignation is not voluntary or genuine,
they may refuse to accept it after inquiry.
A member’s seat may be declared vacant if they are absent from all meetings
for 60 consecutive days without permission. The 60-day count excludes
periods when the House is prorogued or adjourned for more than four
consecutive days.
A person is disqualified from being a member of Parliament if they hold an
office of profit under the Government of India or any State unless Parliament
has exempted that office from disqualification.
Disqualification applies if a person is declared of unsound mind by a competent
court, is an undischarged insolvent, or is not a citizen of India. It also applies
if they have voluntarily acquired foreign citizenship or shown allegiance to a
foreign country.
A person is also disqualified if any law made by Parliament specifies their
ineligibility. However, being a Minister (at the Union or State level) does not
count as holding an office of profit.
Disqualification also applies under the Tenth Schedule, which deals with
defection.

9
If a question arises regarding the disqualification of a member of Parliament
under Article 102, it must be referred to the President, whose decision is
final.
Before making a decision, the President must consult the Election Commission
and act according to its opinion.
A person who sits or votes in Parliament without taking the required oath, while
knowing they are disqualified, or in violation of any law made by Parliament,
will be fined 500 rupees for each day they do so. This penalty will be
recovered as a debt owed to the Union.

Powers, Privileges and Immunities of Parliament and its Members(Article


105 - 106)

Members of Parliament have freedom of speech in Parliament, subject to the


Constitution and parliamentary rules.
No MP can be held liable in court for anything said or voted in Parliament or its
committees. Likewise, no legal action can be taken for publishing reports,
papers, votes, or proceedings under the authority of Parliament.
The powers, privileges, and immunities of each House, its members, and
committees will be defined by law. Until then, they remain the same as they
were before the Constitution (Forty-fourth Amendment) Act, 1978.
These provisions also apply to non-members who have the right to participate
in parliamentary proceedings under the Constitution.

Legislative Procedure(Article 107 - 111)

A Bill can be introduced in either House, except Money Bills and Financial Bills,
which follow special rules under Articles 109 and 117.
A Bill is passed only when both Houses agree to it, with or without changes.
If Parliament is prorogued, a pending Bill does not lapse.
If a Bill is pending in Rajya Sabha, it does not lapse even if Lok Sabha is
dissolved.
If a Bill is pending in Lok Sabha or passed by Lok Sabha but waiting in Rajya
Sabha, it lapses if Lok Sabha is dissolved, except in cases under Article 108.
A joint sitting of both Houses can be called if one House rejects the Bill, there is
disagreement over amendments, or six months pass without passage.
The President notifies both Houses before calling a joint sitting, except for
Money Bills.
The six-month period excludes prorogation or adjournment beyond four days.

10
Once the President issues a notice for a joint sitting, neither House can act on
the Bill separately.
The President can summon the joint sitting anytime after notification.
A Bill is passed in a joint sitting by a majority of members present and voting.
Amendments can be made only if necessary due to delays or disagreements,
and the presiding officer decides their validity.
A joint sitting can still happen and pass the Bill even if Lok Sabha is dissolved
after the President’s notification.
A Money Bill can only be introduced in the Lok Sabha, not in the Rajya Sabha.
Once passed in the Lok Sabha, it is sent to the Rajya Sabha, which must return
it within 14 days with recommendations.
The Lok Sabha can accept or reject these recommendations.
If Lok Sabha accepts any changes, the Bill passes with those changes; if
rejected, it passes in its original form.
If Rajya Sabha does not respond within 14 days, the Bill is considered passed in
its original form.
A Money Bill deals only with financial matters such as taxation, government
borrowing, fund management, government spending, and mandatory
expenses like salaries of judges and election costs.
It also covers rules on government money collection, storage, and auditing,
along with incidental financial matters.
A Bill is not a Money Bill if it deals only with fines, fees, or local taxes.
The Speaker of the Lok Sabha has the final say on whether a Bill is a Money Bill
and must certify it before sending it to the Rajya Sabha and the President.
The President can either approve a Bill, reject it, or return a non-Money Bill for
reconsideration. If Parliament repasses it, the President must give assent.

Procedure in Financial Matters(Article 112 - 117)


The Annual Financial Statement (Budget) is a statement of estimated
government receipts and expenditure for a financial year, presented by the
President before both Houses of Parliament.
Expenditure is divided into:
Charged Expenditure: Must be paid from the Consolidated Fund of India and
does not need annual approval by Parliament.
Other Expenditure: Requires approval before withdrawal from the
Consolidated Fund.
Charged Expenditure includes:
Salaries and allowances of the President, Vice President, Speaker, Deputy
Speaker, and Chairman of Rajya Sabha.
Debt-related charges, including interest and loan repayments.
Salaries, allowances, and pensions of Supreme Court and High Court judges.

11
Salaries, allowances, and pensions of the Comptroller and Auditor-General
(CAG).
Payments required by court judgments or arbitration awards.
Any other expenditure declared as charged by the Constitution or Parliament.
Expenditure Charged on the Consolidated Fund of India is not subject to a vote
in Parliament but can be discussed in either House.
Other Expenditure is presented as Demands for Grants in the Lok Sabha, which
has the power to approve, reject, or reduce any demand.
Recommendation of the President is mandatory before making any demand for
a grant.
After Lok Sabha approves grants, an Appropriation Bill is introduced to
authorize spending from the Consolidated Fund of India.
No amendments can change the amount or purpose of grants or charged
expenditure.
Withdrawal of funds from the Consolidated Fund requires an appropriation law.
The President can present supplementary, additional, or excess grant requests
if allocated funds are insufficient or new expenses arise.
If expenditure exceeds approved grants, an excess demand is presented in Lok
Sabha.
The same procedures as Articles 112, 113, and 114 apply to these grants and
appropriation laws.
Vote on Account – Grants made in advance for part of the financial year,
pending full budget approval.
Vote of Credit – Grants for unforeseen demands of large magnitude or
uncertain nature (e.g., war, natural disasters).
Exceptional Grant – A one-time grant for an expenditure not part of the usual
budget.
Funds Withdrawal Authorization – Parliament must pass a law to withdraw
money from the Consolidated Fund of India for these grants.
Same Procedures as Articles 113 & 114 – The process for granting and
appropriating these funds follows the same rules as the annual budget
process.
A Bill related to financial matters can only be introduced in the Lok Sabha with
the President’s recommendation.
The Rajya Sabha cannot introduce financial bills.
An amendment that reduces or abolishes a tax does not need the President’s
recommendation.
A Bill is not considered financial just because it imposes fines, fees, or
regulates local taxation.
Bills involving expenditure from the Consolidated Fund of India need the
President’s recommendation before being passed.

12
Procedure Generally(Article 118 - 122)

Each House of Parliament can make its own rules for procedure and business,
following the Constitution.
Until new rules are made, old rules from the Dominion of India continue with
necessary changes.
The Rajya Sabha Chairman (Vice President) and Lok Sabha Speaker can modify
or adapt these rules.
The President, after consulting both, can make rules for joint sittings and
communication between the Houses.
The Lok Sabha Speaker presides over joint sittings; if absent, a person decided
by rules under Clause (3) takes over.
Parliament can regulate the procedure and conduct of business in each House,
especially on financial matters.
This includes decisions on fund appropriation from the Consolidated Fund of
India.
If a parliamentary law on financial procedures conflicts with House rules or
standing orders under Article 118, the law will take priority.
Hindi and English are the official languages for parliamentary business, subject
to Article 348.
Members who cannot speak in Hindi or English may use their mother tongue
with permission from the Speaker (Lok Sabha) or Chairman (Rajya Sabha).
Originally, English was to be discontinued after 1965 unless Parliament decided
otherwise.
Later amendments ensured the continued use of English along with Hindi.
Parliament cannot discuss the conduct of Supreme Court or High Court judges
unless it is part of a motion for removal (impeachment).
Courts cannot question the validity of Parliamentary proceedings based on
procedural irregularities, ensuring legislative independence.
Parliamentary officers (like the Speaker and Chairman) are immune from
judicial scrutiny regarding their regulation of procedures and business.

CHAPTER III.—LEGISLATIVE POWERS OF THE PRESIDENT (Article 123)

The President can issue an Ordinance only when both Houses of Parliament
are not in session and must be satisfied that urgent action is necessary.
An Ordinance has the same legal force as a Parliamentary Act but is
temporary and requires approval.

13
It must be presented before both Houses once Parliament reconvenes and will
cease to operate if not approved within 6 weeks or if both Houses
disapprove it before that.
If the two Houses reassemble on different dates, the 6-week period is
counted from the later date.
The Ordinance must fall within Parliament’s legislative competence;
otherwise, it will be considered void. The President can withdraw it at any
time.

CHAPTER IV.—THE UNION JUDICIARY (Article 124 - 147)

The Supreme Court of India consists of a Chief Justice and judges


14
Judges are appointed by the President and hold office until the age of 65.
A Judge may resign by writing to the President.
To qualify as a Supreme Court Judge, one must be an Indian citizen and either
have five years of High Court judge, ten years as a High Court lawyer.
Removal of a Supreme Court Judge requires a Presidential order following an
address by both Houses of Parliament, supported by a majority of the total
membership and at least two-thirds of members present and voting.
A former Supreme Court Judge cannot practice in any court or before any
authority within India.
Judges of the Supreme Court receive salaries as determined by Parliament.
When the Chief Justice of India’s office is vacant or the Chief Justice is unable to
perform duties, the President appoints another Supreme Court Judge to take
over temporarily.
If there are not enough Supreme Court Judges available to hold a session, the
Chief Justice of India, with the President’s approval and after consulting the
concerned High Court Chief Justice, can request a qualified High Court Judge
to serve as an ad hoc Supreme Court Judge.
with the President’s approval, can invite a retired Supreme Court, Federal
Court, or qualified High Court Judge to act as a Supreme Court Judge.
The Supreme Court is a court of record with the power to punish for contempt
of itself.

The National Judicial Appointments Commission (NJAC) was a new system introduced in 2014 to change
how judges are selected for the High Courts and the Supreme Court. It included judges, government
members, and two outsiders called eminent persons. However, in 2015, the Supreme Court struck it
down, saying it gave too much power to the government and could affect the independence of judges.
There were also concerns about political influence and unclear rules on choosing the eminent persons. As
a result, the old Collegium System, where senior judges select new judges, is still used today. Though it
has its own issues, the court believes it protects judicial independence.

Jurisdiction = powers to hear and decide cases

15
Any court could decide if a central law was constitutional, not just the
Supreme Court -> Exclusive Jurisdiction
Appeal to the Supreme Court: You can only appeal to the Supreme Court if
the High Court says the case is very important and involves big questions
about the Constitution.

Certificate is High Court saying the case is very important and involves big
questions about the Constitution.
"final order" is any court decision that, if changed in the appellant’s favour,
solves the entire case and brings it to an end.
Civil cases: If it’s a civil matter (like property or money), the Supreme Court
can only take it if the High Court says it’s important for them to decide.

Criminal cases: If it's a criminal case, the Supreme Court can step in in
certain serious situations, like when the High Court gives a death sentence.

One judge decisions: You can’t appeal if one judge from the High Court made
the decision, unless there’s a special law.

When u cant appeal to SC:

You can't appeal if the case is not seen as important enough by the High Court
or does not meet special conditions.

Single judge decisions cannot be appealed unless the Parliament says it's okay.

Criminal cases without a death sentence or serious issues usually cannot go to


the Supreme Court unless the High Court says so.

The Supreme Court can transfer any case, appeal, or proceeding from one High
Court to another if it is necessary for justice.
The Supreme Court can make its own rules about how it works, but it needs the
President's approval for these rules.
When the Supreme Court is handling a case that involves explaining the
Constitution, or if the President asks the Court to look at something, there
must be at least five judges present to make a decision.
Any money collected by the Supreme Court from fees or fines goes into the
Consolidated Fund of India.
The Chief Justice plays a key role in appointing staff and making rules
CHAPTER V.—COMPTROLLER AND AUDITOR-GENERAL OF INDIA(Article 148 - 151)
The Comptroller and Auditor-General (CAG) of India is appointed by the
President and can only be removed like a Supreme Court judge.
Salary and service conditions are set by Parliament

16
After retirement, the CAG cannot take any government office in India or any
state.
Service conditions of Indian Audit and Accounts Department staff and CAG’s
administrative powers are set by rules made by the President after consulting
the CAG.
The office's expenses, including salaries and pensions, are paid from the
Consolidated Fund of India.
The Comptroller and Auditor-General (CAG) audits the accounts of the Union,
States, and other authorities as prescribed by Parliament.
Until Parliament makes specific laws, the CAG performs duties similar to the
pre-Constitution Auditor-General of India.
The format of Union and State accounts is decided by the President based on
the CAG’s advice.
Audit reports on Union accounts are submitted to the President, who presents
them to Parliament.
Audit reports on State accounts are submitted to the Governor, who presents
them to the State Legislature.

17

You might also like