I.

COMPOSITION OF PARLIAMENT

The Parliament of India is the supreme legislative body that represents the people and enacts laws.
It consists of three components (Article 79):

1. The President of India (Constitutional Head)

2. The Rajya Sabha (Council of States)

3. The Lok Sabha (House of the People)

1. The President of India

Article 52 – The President of India

 India shall have a President who is the constitutional head of the Union Executive.

Article 53 – Executive Power of the Union

 The executive power of the Union is vested in the President.

 It is exercised directly or through officer’s subordinate to him, but in reality, he
acts on the advice of the Council of Ministers (Article 74).

Article 54 – Election of the President

 The President is elected by an Electoral College consisting of:

o Elected members of both Houses of Parliament.
o Elected members of State Legislative Assemblies and Union Territories
with legislatures (like Delhi, Puducherry, and Jammu & Kashmir).

Article 55 – Manner of Election of President

 The election is held by proportional representation with a single transferable vote.

 Voting is done by a secret ballot.

Article 56 – Term of the President’s Office

 The President holds office for 5 years.

 Can resign by writing to the Vice President.
 Can continue beyond 5 years until a new President takes charge.

Article 57 – Eligibility for Re-election

 A President can be re-elected any number of times.

Article 58 – Qualifications for the President

A person must:

1. Be a citizen of India.
2. Be at least 35 years old.
 3. Be qualified to be a member of the Lok Sabha.
4. Not hold any office of profit under the Government.

Article 59 – Conditions of the President’s Office

 The President cannot be a member of Parliament or State Legislature.

 The President shall not hold any other office of profit.
 The President gets an official residence and salary from the Consolidated Fund of
India.

Article 60 – Oath or Affirmation by the President

 The Chief Justice of India (CJI) administers the oath of office.

 The President swears to preserve, protect, and defend the Constitution.

Article 61 – Procedure for Impeachment of the President

 The President can be impeached for "violation of the Constitution."

 The impeachment process involves:
o Charges initiated in either House of Parliament.
o A two-thirds majority in both Houses is required to remove the President.

Article 62 – Time for Holding Election to Fill Vacancy in the President’s

Office

 If the President’s office falls vacant, a new election must be held within 6 months.

Article 63 – The Vice President of India

 India shall have a Vice President, who serves as:

o Ex-officio Chairperson of the Rajya Sabha.
o Acting President when the President is unable to perform duties.

Article 64 – The Vice President as the Chairman of Rajya Sabha

 The Vice President is the Chairman of the Rajya Sabha but does not have voting
rights, except in case of a tie.

Article 65 – Vice President to Act as President in Certain Cases

 In case of death, resignation, or removal of the President, the Vice President acts
as President until a new election is held.

Article 66 – Election of the Vice President

 The Vice President is elected by:

o Both Houses of Parliament (Lok Sabha & Rajya Sabha).
o Voting by proportional representation with a single transferable vote.
Article 67 – Term of Office of the Vice President

 The Vice President serves a 5-year term but can be re-elected.

Article 68 – Time for Holding Election to Fill Vacancy in the Vice President’s
Office

 A new Vice President must be elected before the expiration of the term or within 6
months of a vacancy.

Article 69 – Oath or Affirmation by the Vice President

 The President administers the oath to the Vice President.

Article 70 – Discharge of President’s Functions in Other Contingencies

 If there is a situation where both the President and Vice President are absent,
Parliament may decide who will act as President.

Article 71 – Matters Relating to the Election of the President or Vice

President

 The Supreme Court has exclusive jurisdiction over disputes relating to the election
of the President or Vice President.

Article 72 – Powers of the President to Grant Pardons, etc.

 The President has the power to grant:

1. Pardon (complete removal of punishment).
2. Commutation (reducing the severity of punishment).
3. Remission (reducing the duration of punishment).
4. Respite (reducing the punishment in special cases).
5. Reprieve (delaying the execution of a sentence).
 This power applies to cases related to:

o Union laws.
o Military court punishments.
o Death penalty cases.

Article 73 – Extent of Executive Power of the Union

 The Union government’s executive power extends to all matters on which

Parliament can legislate.
 The executive power does not extend to State subjects, unless a state consents or the
Constitution allows it.

 The President’s role in Parliament includes:

o Summoning and proroguing sessions (Article 85).

 o Dissolving the Lok Sabha (Article 85).

o Addressing the first session after general elections (Article 87).

o Giving assent to bills passed by Parliament (Article 111).

2. The Rajya Sabha (Upper House)

Composition (Article 80)

 Maximum strength: 250 members.

 Election & Appointment:

o 238 members are elected by State Legislative Assemblies and Union Territories.

o 12 members are nominated by the President for contributions in art, literature,

science, and social service.

 Representation: Members are elected by proportional representation with a single

transferable vote.

Term & Tenure

 Rajya Sabha is a permanent body; it is not subject to dissolution.

 One-third of its members retire every two years (Article 83(1)).

Powers of the Rajya Sabha

 Legislative powers: Introduces and votes on bills (except Money Bills).

 Control over Executive: Can question ministers, participate in debates, etc.

 Special Powers:

o Article 249: Empowers Parliament to make laws on State List subjects in the national
interest.

o Article 312: Can create new All India Services (e.g., IAS, IPS) if approved by a two-
thirds majority.

Presiding Officer

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

 Deputy Chairperson is elected from among Rajya Sabha members.

Important Case Law

 Kuldip Nayar v. Union of India (2006): The Supreme Court upheld open ballot voting for
Rajya Sabha elections, ensuring transparency.

3. The Lok Sabha (Lower House)

Composition (Article 81)

  Maximum strength: 552 members.

 Election Method:

o 530 members are elected from states.

o 20 members are elected from Union Territories.

o Previously, 2 Anglo-Indian members were nominated by the President (104th

Amendment Act, 2019 removed this provision).

 Elected by direct elections on the basis of universal adult suffrage.

Term & Dissolution

 Normal tenure: 5 years (Article 83(2)).

 Can be dissolved earlier by the President on the advice of the Prime Minister.

Presiding Officer

 The Speaker of the Lok Sabha is elected by its members.

 The Deputy Speaker assists the Speaker in conducting the proceedings.

II. PARLIAMENTARY SOVEREIGNTY

Meaning of Parliamentary Sovereignty

Parliamentary sovereignty means Parliament has supreme power to make, amend, or repeal laws.
However, in India, Parliament’s sovereignty is not absolute due to constitutional limitations.

Limitations on Parliamentary Sovereignty

1. Judicial Review (Article 13, 32, 226)

o Any law violating Fundamental Rights can be struck down by the Supreme Court or
High Courts.

o Case: Kesavananda Bharati v. State of Kerala (1973): The Supreme Court ruled that
Parliament cannot alter the Basic Structure of the Constitution.

2. Federal Structure & Division of Powers

o Parliament’s law-making power is limited by Schedule VII, which divides subjects

into:

 Union List (Exclusive control of Parliament)

 State List (State Legislatures)

 Concurrent List (Both Parliament & State Legislatures)

o Case: State of West Bengal v. Union of India (1963): Parliament cannot interfere
arbitrarily in State matters.

3. Fundamental Rights Protection (Article 13)

 o Parliament cannot make laws violating Fundamental Rights.

o Case: Minerva Mills v. Union of India (1980): Parliament’s power to amend the
Constitution was limited by the Basic Structure Doctrine.

4. Need for State Ratification (Article 368)

o Certain amendments (e.g., changes in federal structure) require the approval of 50%
of State Legislatures.

Examples of Parliamentary Sovereignty

 Abolition of Article 370: The Parliament passed the Jammu and Kashmir Reorganization Act,
2019, revoking its special status.

 GST Act, 2017: Parliament exercised its power to introduce a unified Goods and Services Tax
(GST).

III. PARLIAMENTARY PRIVILEGES

Meaning & Importance

Parliamentary privileges are special rights and immunities granted to Members of Parliament to
perform their duties without external interference.

Constitutional Provisions

1. Article 105: Privileges of MPs.

2. Article 194: Privileges of State Legislatures.

Types of Parliamentary Privileges

1. Individual Privileges

 Freedom of Speech in Parliament (Article 105(1))

o MPs can speak freely without legal consequences.

o Case: Pandit Sharma v. Sri Krishna Sinha (1959): Article 19(1)(a) does not apply
inside Parliament.

 Freedom from Arrest (Article 105(2))

o MPs cannot be arrested during sessions in civil cases (but not in criminal cases).

o Case: K. Anandan Nambiar v. Govt. of Madras (1966): No immunity in preventive

detention cases.

2. Collective Privileges

 Right to Regulate Proceedings: Each House controls its internal affairs.

 Right to Punish for Contempt: Parliament can punish outsiders or MPs for breach of
privilege.
 o Case: Raja Ram Pal v. Speaker, Lok Sabha (2007): The Supreme Court upheld
Parliament’s power to expel members.

Breach of Privilege & Contempt of Parliament

 If anyone violates privileges, a Breach of Privilege Motion is moved in Parliament.

 Example: Arnab Goswami Case (2020): A breach of privilege motion was filed for allegedly
insulting the Maharashtra Assembly.

Conclusion

1. Composition: Parliament consists of Lok Sabha, Rajya Sabha, and the President, each
playing a crucial role.

2. Parliamentary Sovereignty: Parliament is powerful but subject to judicial review, federalism,

and constitutional amendments.

3. Parliamentary Privileges: MPs enjoy special rights, but these are not absolute and must
align with democratic principles.
Executive Power: Position and Power of
President and Governor
The executive power in India is vested in the President at the Union level and the
Governor at the State level. Their powers, functions, and limitations are defined by the
Constitution of India, primarily in Articles 52-78 (for the President) and Articles 153-167
(for the Governor).

I. POSITION & POWERS OF THE PRESIDENT OF

INDIA
1. Position of the President

 The President of India is the constitutional head and executive authority of the
country.
 Under Article 53, the executive power of the Union is vested in the President, but
he exercises it on the aid and advice of the Council of Ministers (Article 74).
 India follows a parliamentary system, meaning the President is the nominal
executive, while the Prime Minister is the real executive.

2. Election of the President (Article 54 & 55)

 The President is elected indirectly by an Electoral College, consisting of:

o Elected members of both Houses of Parliament.
o Elected members of State Legislative Assemblies.
o Elected members of Union Territories with legislatures (like Delhi,
Puducherry, Jammu & Kashmir).
 Voting method: Proportional representation by a single transferable vote (secret
ballot).

3. Powers of the President

The President has the following powers and functions:

A. Executive Powers (Article 53, 74, 77, 78)

 The President is the supreme executive authority and all Union government actions
are taken in his name.
 Article 74: The President must act on the advice of the Council of Ministers
(headed by the PM).
 Article 77: All executive actions are taken in the name of the President.
 Article 78: The President has the right to be informed of government affairs.

📌 Case Law:
  Shamsher Singh v. State of Punjab (1974): The Supreme Court held that the
President is only a constitutional head and acts on ministerial advice.

B. Legislative Powers (Articles 85, 86, 111, 123)

 Summoning & Dissolving Parliament (Article 85): The President can summon,
prorogue, or dissolve Parliament.
 Special Address (Article 86): The President addresses Parliament at the start of
each session.
 Assent to Bills (Article 111): The President can give, withhold, or return a bill
(except Money Bills).
 Ordinance Making Power (Article 123): The President can issue ordinances
during Parliament recess, which must be approved within 6 weeks of reassembly.

📌 Case Law:

 D.C. Wadhwa v. State of Bihar (1987): The Supreme Court ruled that repeated use
of ordinances to bypass the legislature is unconstitutional.

C. Judicial Powers (Article 72)

 The President has the power to grant pardons, reprieves, respites, and remissions.
 This applies to:
o Union laws.
o Court-martial (military) cases.
o Death sentence cases.

📌 Case Law:

 Kehar Singh v. Union of India (1989): The Supreme Court held that the President's
pardon power is subject to judicial review in case of mala fide use.

D. Financial Powers (Article 112, 265, 280, 293)

 Annual Budget (Article 112): The President lays the Union Budget before
Parliament.
 Money Bills (Article 110, 265):
o Cannot be introduced without the President’s recommendation.
o The President cannot refuse assent to a Money Bill.
 Finance Commission (Article 280): The President appoints the Finance
Commission every 5 years.

E. Diplomatic & Military Powers (Article 53, 72, 253, 246, 307)

 The President represents India internationally.

 Appoints ambassadors and diplomatic representatives.
 Signs international treaties and agreements (but requires parliamentary
ratification).
  Commander-in-Chief of the Armed Forces (Article 53): The President declares
war and peace on Parliament’s advice.

F. Emergency Powers (Articles 352, 356, 360)

The President can declare three types of emergencies:

1. National Emergency (Article 352)

o Declared due to war, external aggression, or armed rebellion.
o Example: 1975 Emergency under Indira Gandhi.
2. President’s Rule in States (Article 356)
o Declared when the constitutional machinery of a state fails.
o Example: Bihar (2005), Maharashtra (2019).
3. Financial Emergency (Article 360)
o Declared when the financial stability of the country is threatened.
o Never imposed in India till date.

📌 Case Law:

 S.R. Bommai v. Union of India (1994): The Supreme Court ruled that President’s
Rule under Article 356 is subject to judicial review.

II. POSITION & POWERS OF THE GOVERNOR

1. Position of the Governor

 The Governor is the constitutional head of a State.

 Appointed by the President (Article 155) and serves at the pleasure of the
President (Article 156).
 Unlike the President, the Governor does not have an Electoral College and is a
nominee of the Union Government.

2. Executive Powers of the Governor (Article 154, 163, 166)

 All executive actions are taken in the name of the Governor (Article 166).
 Acts on the aid and advice of the Council of Ministers (Article 163).
 Appoints the Chief Minister and other Ministers.

📌 Case Law:

 B.P. Singhal v. Union of India (2010): The Supreme Court ruled that the Governor
cannot be removed arbitrarily.

3. Legislative Powers of the Governor (Article 168, 174, 200, 213)

  Summons & Dissolves the State Legislature (Article 174).
 Gives Assent to Bills (Article 200).
 Ordinance Making Power (Article 213): Similar to the President but for State laws.

📌 Case Law:

 Krishna Kumar Singh v. State of Bihar (2017): The Supreme Court held that a
Governor's re-promulgation of ordinances is unconstitutional.

4. Discretionary Powers of the Governor (Article 163, 164, 356)

 The Governor can act independently in certain situations:

1. When appointing a Chief Minister in a hung assembly.
2. When recommending President’s Rule (Article 356).
3. When reserving bills for the President (Article 200).

📌 Example:

 Maharashtra (2019): The Governor invited Devendra Fadnavis to form the

government, despite no clear majority.

Comparison: President vs. Governor

Feature President Governor
Constitutional
52-78 153-167
Articles
Election Indirectly elected Appointed by President
Acts on Advice of Council of Ministers Council of Ministers
Executive Powers Entire Union State only
Ordinance Power Article 123 Article 213
Yes (Articles 352, 356, Limited to recommending President’s
Emergency Powers
360) Rule

Conclusion
 The President is the head of the entire nation, while the Governor is the head of
an individual state.
 Both are nominal heads, with real power exercised by the Council of Ministers.
 The President’s powers are broader, especially in foreign affairs, defense, and
emergencies.
Judiciary in India

The Judiciary is the guardian of the Constitution and plays a crucial role in upholding the rule of law.
It consists of the Supreme Court (Articles 124-147), High Courts (Articles 214-231), and Subordinate
Courts (Articles 233-237).

I. Jurisdiction of Supreme Court and High Courts

1. Jurisdiction of the Supreme Court of India

The Supreme Court is the apex court of India and has extensive powers and jurisdiction under the
Constitution.

A. Original Jurisdiction (Article 131)

 The Supreme Court has exclusive jurisdiction in cases involving:

1. Disputes between the Government of India and one or more States.

2. Disputes between States.

3. Disputes between the Union and States on legal rights and obligations.

📌 Example:

 State of Karnataka v. Union of India (1977) – The Supreme Court held that disputes between
the Centre and a State on constitutional provisions come under Article 131.

B. Writ Jurisdiction (Article 32)

 The Supreme Court is the guardian of fundamental rights and can issue writs for their
enforcement.

 Writs include:

1. Habeas Corpus – "Produce the body" (against illegal detention).

2. Mandamus – "We command" (directing public officials to perform a duty).

3. Prohibition – Prevents lower courts from exceeding their jurisdiction.

4. Certiorari – Orders lower courts to transfer cases to a higher court.

5. Quo Warranto – "By what authority?" (questions public office appointments).

📌 Case Law:

 Maneka Gandhi v. Union of India (1978) – Expanded the scope of Article 21 (Right to Life
and Liberty).

C. Appellate Jurisdiction (Articles 132-136)

The Supreme Court is the highest appellate authority and hears appeals from:

1. Civil cases (Article 133).

 2. Criminal cases (Article 134).

3. Any case involving a substantial question of law (Article 132).

4. Special Leave Petitions (Article 136) – Allows appeals from any court or tribunal in India.

📌 Case Law:

 Keshavananda Bharati v. State of Kerala (1973) – Established the Basic Structure Doctrine.

D. Advisory Jurisdiction (Article 143)

 The President can seek the opinion of the Supreme Court on any question of law or fact of
public importance.

 The opinion is not binding on the President.

📌 Example:

 Re: Berubari Union Case (1960) – The Supreme Court advised that Parliament must pass a
constitutional amendment to transfer territory to another country.

E. Power of Judicial Review

 The Supreme Court can strike down unconstitutional laws.

 Judicial Review is part of the Basic Structure of the Constitution (Kesavananda Bharati case,
1973).

📌 Case Law:

 Golaknath v. State of Punjab (1967) – Ruled that Fundamental Rights cannot be amended
by Parliament.

2. Jurisdiction of High Courts (Articles 214-231)

Each state has a High Court, which exercises jurisdiction over the respective state.

A. Original Jurisdiction

 The High Court has original jurisdiction in matters such as:

1. Writ Petitions under Article 226.

2. Election disputes related to State Legislatures.

3. Company Law matters.

📌 Example:

 Delhi High Court ruling in the Vishaka case (1997) – Laid down guidelines against sexual
harassment at workplaces.
B. Writ Jurisdiction (Article 226)

 Like the Supreme Court, High Courts can issue writs to enforce fundamental rights.

 The scope of Article 226 is wider than Article 32, as it covers not only fundamental rights
but also other legal rights.

📌 Example:

 Common Cause v. Union of India (2018) – The Delhi High Court directed the government to
frame policies for the Right to Die with Dignity.

C. Appellate Jurisdiction

 The High Court hears appeals from subordinate courts on:

1. Civil matters.

2. Criminal matters.

3. Matters involving constitutional interpretation.

📌 Example:

 Madhu Limaye v. State of Maharashtra (1978) – The Bombay High Court upheld the power
of High Courts to grant bail in preventive detention cases.

D. Supervisory Jurisdiction (Article 227)

 High Courts supervise all subordinate courts and tribunals within their jurisdiction.

📌 Case Law:

 Surya Dev Rai v. Ram Chander Rai (2003) – Held that High Courts can exercise supervisory
jurisdiction over lower courts.

II. Appointment and Independence of Judiciary

1. Appointment of Judges

A. Appointment of Supreme Court Judges (Article 124)

 The President appoints Supreme Court judges, in consultation with:

1. The Chief Justice of India (CJI).

2. Senior judges of the Supreme Court.

📌 Collegium System:

 Evolved through case laws, where the CJI and senior judges recommend judicial
appointments.

📌 Case Law:
  S.P. Gupta v. Union of India (1981) – Allowed greater executive control in appointments.

 Supreme Court Advocates-on-Record Association v. Union of India (1993) – Established the

Collegium System, giving judges primacy in appointments.

B. Appointment of High Court Judges (Article 217)

 High Court judges are appointed by the President, in consultation with:

1. The Chief Justice of India.

2. The Governor of the State.

3. The Chief Justice of the High Court.

📌 Example:

 National Judicial Appointments Commission (NJAC) Case (2015) – The Supreme Court struck
down NJAC, reaffirming the Collegium System.

2. Independence of Judiciary

The independence of the judiciary is ensured through:

A. Security of Tenure

 Judges cannot be removed arbitrarily (Article 124(4)).

 Removal is through impeachment (proved misbehavior or incapacity).

📌 Example:

 Justice V. Ramaswami impeachment case (1991) – The first judge against whom
impeachment proceedings were initiated.

B. Fixed Salaries and Allowances (Article 125)

 Judges’ salaries cannot be reduced during their tenure.

C. Prohibition on Practice After Retirement (Article 124(7))

 Supreme Court judges cannot practice in any court after retirement.

D. Separation of Judiciary from Executive (Article 50)

 The judiciary must be free from executive interference.

Case Law:
  Union of India v. Madras Bar Association (2010) – The Supreme Court upheld the
independence of tribunals from executive control.

Conclusion

 The Supreme Court and High Courts play a crucial role in upholding constitutional values.

 The independence of the judiciary is essential to maintain the rule of law and prevent
executive overreach.