Notes

Unit-2
Sub- COI
Union Executive
Powers of Indian Parliament and
Functions of Lok Sabha State Executive
Functions of Rajya Sabha

Powers and Functions of the President of India

Comparison of Powers of the Indian President with the
President of the United States
Powers and Functions of the Prime Minister of India
Judiciary – The Independence of the Supreme Court
Appointment of Judges
Judicial Review
Public Interest Litigation (PIL)
Judicial Activism
Lokpal
Lok Ayukta
The Lokpal and Lokayuktas Act, 2013
Powers and Functions of the Governor
Powers and Functions of the Chief Minister
Functions of the State Cabinet
Functions of the State Legislature
Functions of the High Court
Functions of Subordinate Courts
 Notes
Powers of Indian Parliament:-
The Indian Parliament is the supreme law-making body of
India. It has the authority to make laws, control finances,
and check the work of the government.
Main Powers of the Parliament:
1. Legislative Powers: The Parliament can make, change,
or repeal laws on subjects listed in the Union and
Concurrent lists (such as defence, finance, education).
2. Financial Powers: It controls the country's finances.
The government must get Parliament's approval to spend
money or impose taxes.
3. Amending the Constitution: Parliament has the power
to amend (make changes to) the Constitution when
needed.
4. Judicial Powers: Parliament can take actions in cases
like impeaching the President or removing judges if they
violate their duties.
5. Electoral Powers: Parliament members participate in
the election of the President and Vice-President of India.
Functions of Lok Sabha:-
Lok Sabha, also known as the House of the People, is the
lower house of Parliament. It represents the people of
India and has a maximum of 552 members, who are
directly elected by the citizens of India.
Main Functions of the Lok Sabha:
1. Legislative Function: The Lok Sabha introduces,
debates, and passes laws. Both ordinary and money bills
are introduced here.
 Notes
2. Control over Finances: Only the Lok Sabha can
introduce money bills. The government must get Lok
Sabha’s approval for budget and tax-related matters.
3. Control over the Government: The Lok Sabha can
question the government, discuss its policies, and hold it
accountable. The government needs to have the support
of the Lok Sabha to stay in power.
4. Electoral Function: Members of the Lok Sabha take part
in the election of the President and Vice-President.
5. Amendment of the Constitution: The Lok Sabha plays a
role in amending the Constitution by approving changes.
Functions of Rajya Sabha:-
Rajya Sabha, also known as the Council of States, is
the upper house of Parliament. It represents the
states of India and has a maximum of 250 members.
Main Functions of the Rajya Sabha:
1. Legislative Function: The Rajya Sabha reviews,
debates, and passes bills. However, it cannot
introduce or vote on money bills (related to taxes or
spending) but can discuss them.
2. Representation of States: It represents the
interests of the states at the national level, allowing
members from each state to discuss their concerns.
3. Review Function: It acts as a check on the Lok
Sabha by reviewing and suggesting changes to the
bills passed by the Lok Sabha.
 Notes
4. Electoral Function: Rajya Sabha members participate
in the election of the President and Vice-President of
India.
5. Permanent House: Unlike the Lok Sabha, the Rajya
Sabha is a permanent body and cannot be dissolved.
Every two years, one-third of its members retire and new
members are elected.
Summary:-
- Indian Parliament: Makes laws, controls finances, and
oversees the government.
- Rajya Sabha: Represents the states, reviews laws, and
has a permanent structure with members retiring every
two years.
- Lok Sabha: Represents the people, controls finances,
can question the government, and introduces most of the
bills.
Powers and Functions of the President
of India:-
The President of India is the head of state and the
supreme commander of the armed forces. Although the
President has many powers, they mostly perform
ceremonial duties, while the real power lies with the
Prime Minister and the Council of Ministers.
Main Powers and Functions:
1. Executive Powers:
- The President appoints the Prime Minister and other
ministers, but they must have the support of the majority
in the Lok Sabha.
 Notes
- The President appoints important officials like judges
of the Supreme Court and High Courts, governors of
states, and ambassadors.
2. Legislative Powers:
- The President can summon (call) and prorogue (end)
the sessions of Parliament.
- The President can dissolve the Lok Sabha, meaning
they can end the term of the Lok Sabha early on the
advice of the Prime Minister.
- Bills passed by Parliament must be signed by the
President to become laws. This is called assent.
3. Financial Powers:
- No money bill (related to government spending or
taxes) can be introduced in Parliament without the
President’s permission.
4. Judicial Powers:
- The President has the power to pardon, commute, or
reduce the punishment of people convicted of crimes,
especially in cases involving the death penalty.
5. Military Powers:
- The President is the supreme commander of the armed
forces. However, the President cannot declare war or
make peace without the approval of Parliament.
6. Emergency Powers:
- The President can declare emergencies, such as a
National Emergency, State Emergency (President's Rule),
or Financial Emergency, which grants more power to the
central government.
 Notes
Comparison of Powers of the Indian President
with the President of the United States:-
The Presidents of India and the United States are the most important
leaders in their countries, but they have different powers and jobs
because each country has a different way of running things.

President of the
President of India United States

Type of Government:- Type of Government:-

Parliamentary System Presidential System

Role:-Head of State Role:-Head of State

(symbol of the and Head of
country) Government (leader of
the country)

Executive Powers:-Most Executive Powers:-Has

decisions are made by the significant decision-
Prime Minister and making power; heads the
Cabinet executive branch

Millitary Powers:-
Supreme Commander of Millitary Powers:- President
Armed Forces but needs has executive power,
Parliament’s approval to controls key decisions
declare war

Position in Government:- Position in Government:-

Ceremonial (mostly Very powerful, runs the
symbolic) government and makes
many decisions
 Notes
Powers in Law-making:- Powers in Law-making:-
Can sign bills into law, but Can veto bills, making it
must follow the advice of harder for Congress to
the government pass laws

Election:- Election:-
Elected by an Electoral Elected directly by the
College (Parliament and people of the U.S. through
State Assemblies) elections

Appointments:- Appointments:-
Appoints Prime Minister Appoints Cabinet
and other ministers, but members, judges, and
based on the other key officials
government’s advice

Term of Office:- Term of Office:-

5 years 4 years

Emergency Powers:- Emergency Powers:-

Can declare an Can declare an
emergency, but on advice emergency, but with
of the Prime Minister approval from Congress.

Impeachment:- Impeachment:-
Can be impeached for Can be impeached by
breaking the Constitution Congress for crimes and
misconduct

Role in Foreign Policy:- Role in Foreign Policy:-

Represents India in other Has a major role in shaping
countries (ceremonial role) foreign policy and relations
 Notes
Powers and Functions of the Prime Minister
of India:-
The Prime Minister of India is the head of the government
and holds the most powerful position in the Indian political
system. The Prime Minister leads the government and makes
important decisions about how the country is run.

Main Powers and Functions:-

1. Leader of the Government:
- The Prime Minister leads the Council of Ministers and
oversees their work. All ministers work under the guidance of
the Prime Minister.
2. Chief Advisor to the President:
- The Prime Minister advises the President on important
issues, including appointing ministers, declaring
emergencies, and foreign relations.
3. Head of the Cabinet:
- The Prime Minister leads Cabinet meetings, where
important decisions on national issues are made. The
Cabinet consists of senior ministers in charge of different
departments, like finance, defense, and health.
4. Policy Maker:
- The Prime Minister is involved in forming policies (plans of
action) that affect the economy, education, health, defense,
and foreign relations.
5. Representative of the Country:
- The Prime Minister represents India in other countries and
international organizations, attending meetings and signing
agreements with foreign leaders.
 Notes
6. Link Between President and Parliament: - The Prime
Minister acts as a link between the President and Parliament,
helping coordinate work between them.

Judiciary – The Independence of the Supreme

Court:-
The Supreme Court is the highest court in India and the
guardian of the Constitution. Judicial independence
means that the Supreme Court can make decisions freely,
without interference from the government, politicians, or
other outside influences. This independence is crucial for
a fair and just legal system.
How the Independence of the Supreme Court is
Protected:-
1. Appointment of Judges:
- Judges of the Supreme Court are appointed by a
specific process involving the President and a committee
of senior judges. This helps prevent political influence in
choosing judges.
2. Fixed Tenure and Salary:
- Judges have a secure job until the age of retirement,
and their salaries cannot be reduced by the government.
This security ensures that judges can make unbiased
decisions without fear of losing their jobs or benefits.
3. Protection from Removal:
- A judge can only be removed from office for serious
misconduct or incapacity, and it requires a lengthy
process with approval from both houses of Parliament.
 Notes
4. Judicial Review:
- The Supreme Court has the power to review laws passed by
Parliament to ensure they do not violate the Constitution. If a
law is found unconstitutional, the Supreme Court can strike it
down, making it invalid.
5. No Pressure from the Government:
- The Supreme Court has the freedom to make decisions without
any pressure or interference from the government or political
leaders, allowing it to protect the rights of citizens and uphold
justice fairly.

Appointment of Judges:-
The Appointment of Judges is the process of selecting and
appointing judges to the courts in India, especially to the higher
courts like the Supreme Court and High Courts. This process is
important to ensure that qualified, fair-minded, and
independent individuals are chosen as judges to make just
decisions for the country.
How Judges are Appointed:
1. Supreme Court Judges:
- Judges of the Supreme Court are appointed by the President
of India.
- The Chief Justice of India and senior judges are usually
consulted in this process. This is called the "collegium system,"
where senior judges recommend candidates for appointment.
- This process helps keep the judiciary independent, as it
prevents direct government interference in selecting judges.
2. High Court Judges:
- Similar to the Supreme Court, High Court judges are also
appointed by the President.
- The Chief Justice of the High Court, along with the Chief
Justice of India, is consulted to make sure suitable candidates
are chosen.
 Notes
The goal of this process is to select judges based on
their knowledge, experience, and fairness so they can
protect the rights of people and uphold the law.

Judicial Review:-
Judicial Review is the power of the courts, especially the
Supreme Court, to review the actions of the government
and laws passed by the Parliament or state legislatures.
This means the Supreme Court can check if a law or
action violates the Constitution of India.

How Judicial Review Works:

1. Review of Laws:
- If a law passed by Parliament or a state government is
thought to be against the Constitution, people can
challenge it in the Supreme Court or High Court.
- The court will then review the law and decide if it is
constitutional (allowed by the Constitution) or
unconstitutional (against the Constitution).
2. Protecting Rights:
- Judicial Review allows the courts to protect people’s
fundamental rights by ensuring that laws or government
actions do not unfairly restrict those rights.
3. Maintaining Balance of Power:
- Judicial Review helps keep the government in check. It
makes sure that the legislative and executive branches
do not misuse their power by passing laws or taking
actions that are unfair or unconstitutional.
 Notes
Example of Judicial Review:
If the government passes a law that restricts freedom of
speech, citizens can challenge it in court. The Supreme
Court would review this law and could strike it down
(cancel it) if it is found to violate the Constitution.

Summary:-
- Appointment of Judges: The process of selecting
qualified and fair judges for the Supreme Court and High
Courts, mainly by the President with the help of senior
judges, ensuring judicial independence.
- Judicial Review: The power of the courts to review laws
and government actions to make sure they do not
violate the Constitution, protecting citizens’ rights and
keeping government power in check.

Public Interest Litigation (PIL):-

Public Interest Litigation (PIL) is a special type of legal
action taken to protect the rights or interests of the
general public or specific groups who may not be able to
approach the court themselves. It allows any citizen or
organization to file a case in court for the benefit of
society, even if they are not directly affected by the
issue.
How Public Interest Litigation Works:
- In a PIL, a person or group files a case in court on
behalf of the public or a specific community.
- The goal is to address issues that affect the public, such
as environmental protection, human rights, or
corruption.
 Notes
- PILs can be filed in the High Courts or Supreme Court of
India.

Example of Public Interest Litigation:

Imagine there’s a factory polluting a river, affecting
people’s health. Even if the affected people don’t file a
case, someone else (like an environmental organization)
can file a PIL to make the factory stop polluting.

Why PILs are Important:

- PILs give people a way to seek justice for issues
affecting the whole community.
- They help protect the rights of underprivileged groups
or the environment.
- PILs make it easier for the courts to address issues of
public importance and bring about positive social
change.
Judicial Activism:-
Judicial Activism is when courts actively use their
powers to make important decisions that protect the
rights of people, uphold justice, and make changes in
society. Through judicial activism, judges sometimes go
beyond simply interpreting the law and take bold steps
to ensure fairness and justice.
How Judicial Activism Works:
- Judicial activism means the judiciary takes an active
role in checking the actions of the government or
legislature to protect citizens’ rights.
 Notes
- Courts sometimes take strong actions, even if it means
interpreting laws in new ways to bring justice.
- Judicial activism often leads to important rulings on
issues like human rights, environmental protection, or
corruption.

Example of Judicial Activism:

Suppose a law limits people’s freedom of speech in an
unfair way. The court could use judicial activism to
challenge and change the law, even if the government
supports it, ensuring that people’s rights are protected.

Why Judicial Activism is Important:

- Judicial activism empowers the judiciary to stand up
for people’s rights.
- It ensures that the government doesn’t misuse its
power or make unfair laws.
- It brings about social changes by protecting citizens
from unfair actions and ensuring that justice is upheld.

Summary
- Public Interest Litigation (PIL): A legal action taken by a
person or group in the public’s interest, even if they are
not directly affected, to address important issues
affecting the community.
- Judicial Activism: When the courts take an active role
in protecting rights and ensuring justice, sometimes
interpreting laws in new ways to benefit society.
 Notes
Lokpal:-
Lokpal is an anti-corruption authority in India created to
investigate and act against corruption by government
officials and politicians. Think of the Lokpal as a
"watchdog" that helps keep an eye on high-ranking officials
to ensure they are honest and not involved in corrupt
practices.
Key Points about Lokpal:
- The Lokpal can investigate complaints of corruption
against government officials, including ministers and
members of Parliament.
- It is an independent body, which means it operates
separately from the government to stay unbiased.
- The Lokpal can recommend punishment or take action if
they find proof of corruption.
Lok Ayukta:-
Lok Ayukta is a similar anti-corruption authority at the
state level in India. It works like the Lokpal but focuses
on state government officials, ensuring that they are
not involved in corrupt activities.
Key Points about Lok Ayukta:
- Lok Ayuktas operate at the state level to investigate
complaints of corruption against state government
officials and ministers.
- They were created to keep state governments honest
and accountable.
- Like Lokpal, the Lok Ayuktas are independent and are
intended to investigate without government
interference
 Notes
The Lokpal and Lokayuktas Act, 2013:-
The Lokpal and Lokayuktas Act, 2013 is a law passed by the
Indian government to officially create and define the powers
of Lokpal at the national level and Lok Ayuktas at the state
level. This law was made to help fight corruption in
government and to create a fair and transparent system for
investigating complaints.
Key Features of the Lokpal and Lokayuktas Act, 2013:
1. Establishment of Lokpal:
- The law officially establishes Lokpal as an independent
body at the national level to investigate corruption among
high-level officials.
2. Establishment of Lok Ayuktas:
- The Act suggests that each state should have its own Lok
Ayukta to investigate state-level corruption. However, it
leaves the structure of Lok Ayuktas to each state, so they can
decide how it should work.
3. Scope of Investigation:
- The Lokpal can investigate complaints against high-
ranking officials, including the Prime Minister (with certain
conditions), other ministers, and members of Parliament, as
well as senior government officers.
4. Time-Bound Investigations:
- The Act encourages investigations to be completed quickly,
with timelines to ensure that action is taken without
unnecessary delay.
5. Penalties for Corruption:
- If the Lokpal or Lok Ayukta finds proof of corruption, they
can recommend punishment, fines, or other actions to hold
corrupt officials accountable.
 Notes
Why This Act is Important:
The Lokpal and Lokayuktas Act, 2013, was created to make
the government more honest and accountable, helping
reduce corruption and ensure that public officials act
responsibly. This Act was a big step towards making India’s
government more transparent and fair.

Summary
- Lokpal: A national anti-corruption body to investigate
corruption by central government officials and politicians.
- Lok Ayukta: A similar anti-corruption body at the state level
to investigate state government officials.
- The Lokpal and Lokayuktas Act, 2013: A law that created
the Lokpal and recommended Lok Ayuktas in states to fight
corruption in government and ensure accountability.
Powers and Functions of the Governor:-
The Governor is the head of a state in India and acts as a
representative of the central government at the state level.
The Governor's job is similar to that of the President at the
national level but within a state. While the Chief Minister and
the state government make decisions, the Governor performs
important functions and has specific powers.

Key Powers and Functions of the Governor:

1. Executive Powers:
- The Governor appoints the Chief Minister and other
ministers. He or she ensures that the state government runs
according to the Constitution.
- The Governor is responsible for approving laws and
policies made by the state government.
 Notes
2. Legislative Powers:
- The Governor has the power to call and dismiss sessions of the
State Legislature (where state laws are discussed and made).
- The Governor gives approval to bills passed by the state
legislature. Once approved by the Governor, a bill becomes a law.
- The Governor can also suggest changes in laws if necessary.
3. Financial Powers:
- The Governor must approve the state budget, which is a plan for
how the state will spend its money.
- Any money-related bill, or financial bill, needs the Governor's
permission before it can be introduced in the legislature.
4. Judicial Powers:
- The Governor can pardon or reduce the punishment of someone
convicted of a crime in the state, especially for cases related to
state laws.
5. Discretionary Powers:
- In certain situations, the Governor can act independently
(without advice from the Chief Minister) if there’s a constitutional
crisis in the state or if the state government is not following the
Constitution.
Powers and Functions of the Chief Minister:-
The Chief Minister is the head of the government in a state
and the leader of the ruling party in the State Legislature. The
Chief Minister is responsible for running the state
government and making decisions about how the state
should be governed.
Key Powers and Functions of the Chief Minister:
1. Head of the State Government:
- The Chief Minister leads the state government and makes
important decisions on how the state will be run.
- He or she supervises the work of other ministers and
departments to ensure everything runs smoothly.
 Notes
2. Advisor to the Governor:
- The Chief Minister advises the Governor on state matters and
helps with the appointment of ministers.
- Most of the decisions made by the Governor are based on the
advice of the Chief Minister.
3. Leader of the Council of Ministers:
- The Chief Minister heads the Council of Ministers, which includes
ministers in charge of various departments like education, health,
and finance.
- The Chief Minister assigns tasks to ministers and ensures they work
on improving their departments.
4. Responsible for State Policy:
- The Chief Minister and their cabinet create policies (plans of
action) on different issues like health, education, and economic
growth to improve the state.
- The Chief Minister plays a key role in creating and implementing
state laws.
5. Link with the Central Government:
- The Chief Minister represents the state in meetings with the central
government and works with central officials on issues that affect the
state.
- This role ensures that the state and central governments work
together smoothly.

Summary
- Governor: The Governor is the head of a state and represents the
central government. The Governor has powers to approve laws,
handle state legislature sessions, approve the budget, pardon
punishments, and sometimes act independently in special cases.
- Chief Minister: The Chief Minister is the head of the state
government and leads the state’s ruling party. The Chief Minister
advises the Governor, leads the Council of Ministers, makes policies
for the state, and serves as a link between the state and central
government.
 Notes
Functions of the State Legislature:-
The State Legislature is the law-making body at the
state level. It consists of elected representatives who
make laws, discuss state issues, and hold the
government accountable. In some states, the
legislature has two parts: the Legislative Assembly
(Vidhan Sabha) and the Legislative Council (Vidhan
Parishad), while in others, it only has the Legislative
Assembly.

Key Functions of the State Legislature:

1. Making Laws:
- The main function of the State Legislature is to make
laws for the state. These laws cover areas like health,
education, police, agriculture, and other subjects under
the state’s authority.
2. Approving the Budget:
- The State Legislature discusses and approves the
state budget prepared by the Cabinet. This budget
decides how much money will be spent on different
areas to develop the state.
3. Discussing State Issues:
- Members of the legislature discuss important issues
affecting the state, such as education, healthcare,
employment, and development. They suggest ideas to
improve these areas.
 Notes
4. Monitoring the Government:
- The State Legislature monitors the work of the state
government to ensure it follows the law and serves
the people well. Members ask questions, raise
concerns, and hold the government accountable for
its actions.
5. Amending State Laws:
- The Legislature can make changes to existing state
laws if needed. This process is called “amending” the
law, which allows the government to update laws to
fit current needs.
6. Representing the People:
- Members of the State Legislature represent the
people of their constituencies (regions). They bring up
issues and problems faced by people in their area
and work to find solutions.
Summary
- State Cabinet: A small group of senior ministers led
by the Chief Minister. The Cabinet makes decisions
about state policies, prepares the budget, advises
the Governor, handles emergencies, and supervises
government departments.
- State Legislature: The law-making body of the state.
It makes laws, approves the budget, discusses state
issues, monitors the government, amends state laws,
and represents the people.
 Notes
Functions of the State Cabinet:-
The State Cabinet is a small group of senior ministers within the
state government, led by the Chief Minister. The Cabinet is
responsible for making important decisions about how the state
is governed and how it can be improved.

Key Functions of the State Cabinet:

1. Making Policies and Plans:
- The Cabinet makes policies (plans of action) on various issues
like health, education, agriculture, and infrastructure to develop
the state and improve people’s lives.
2. Implementing Laws:
- The Cabinet ensures that laws passed by the State Legislature
are carried out effectively. They make sure all government
departments follow these laws.
3. Preparing the State Budget:
- The Cabinet is responsible for preparing the state budget,
which is a plan for how money will be spent in the state. It
allocates funds for different areas like education, health, and
development.
4. Advising the Governor:
- The Cabinet advises the Governor on important state matters.
Most decisions made by the Governor are based on the advice of
the Cabinet.
5. Handling Emergencies:
- In case of emergencies, such as natural disasters or severe
crises, the Cabinet makes quick decisions to protect people and
provide necessary help.
6. Supervising Government Departments:
- The Cabinet monitors different government departments (like
education, health, and transportation) to ensure they are
functioning effectively and meeting state goals.
 Notes
Functions of the High Court:-
The High Court is the highest court in each state of India. It has
many important responsibilities, such as ensuring that laws are
followed and protecting people’s rights. It handles both serious
cases and appeals from lower courts.

Key Functions of the High Court:-

1. Original Jurisdiction:
- The High Court has the authority to hear certain cases for the
first time, especially important cases that deal with issues like
the rights of citizens or government decisions in the state.
2. Appellate Jurisdiction:
- The High Court reviews cases that come from lower courts,
like the District Court. If someone is unhappy with a lower
court's decision, they can appeal to the High Court, which can
confirm, change, or overturn the decision.
3. Supervision of Lower Courts:
- The High Court has control over all subordinate (lower) courts
in its state. It makes sure that these courts follow the law
correctly and operate efficiently.
4. Writ Jurisdiction:
- If a citizen’s rights are violated, the High Court can issue writs
(special orders) to protect those rights. For example, the High
Court can order the release of a person who is unlawfully
detained.
5. Administrative Functions:
- The High Court also has administrative duties, like appointing
judges for the lower courts and supervising their work to
maintain the quality of justice.
 Notes
4. Recording Evidence and Conducting Trials:
- Subordinate courts record all the evidence and conduct the
trial for each case. They examine witnesses, look at evidence,
and decide the outcome based on the law.
5. Appeals to Higher Courts:
- If people are unhappy with the decision in a subordinate
court, they can appeal to a higher court, like the District Court
or the High Court, depending on the case.