CONSTITUTIONAL LAW

Parliament of India :-
1. Introduction
 The Parliament of India is the supreme legislative body of the country.
 It is modeled on the British parliamentary system but with significant
modifications suited to Indian conditions.
 The Parliament exercises legislative, executive, financial, and judicial
functions as part of its authority.

2. Structure of Parliament
The Indian Parliament consists of three components as per Article 79 of the
Constitution:

 The President of India

 The Rajya Sabha (Council of States)
 The Lok Sabha (House of the People)

A) The President of India

The President is an integral part of the Parliament but does not sit or participate in
debates.

He/she exercises legislative functions such as:

 Summoning and proroguing sessions

 Dissolving the Lok Sabha
 Giving assent to bills
 Issuing ordinances under Article 123

ROLE AND POWERS OF PRESIDENT UNDER CINSTITUTION

OF INDIA:-
1. Constitutional Position and Role
The President of India is envisaged as the ceremonial head of state, embodying the
unity and integrity of the nation. While the President is the nominal executive
authority, the real executive power is vested in the Council of Ministers, headed by
the Prime Minister. This delineation ensures a parliamentary system where the
President acts on the aid and advice of the Council of Ministers.

2. Powers and Functions

 Executive Powers: The President appoints the Prime Minister and, on their
advice, other ministers. Additionally, the President appoints key
constitutional functionaries such as Governors, the Attorney General, and
the Comptroller and Auditor General. All executive actions of the
Government of India are taken in the President's name.

 Legislative Powers: The President summons and prorogues sessions of

Parliament and can dissolve the Lok Sabha. They address the Parliament at
the commencement of the first session after each general election and the
first session of each year. All bills passed by Parliament require the
President's assent to become law. The President can also promulgate
ordinances when Parliament is not in session, which must be ratified by
Parliament within six weeks of reassembly.

 Financial Powers: No money bill can be introduced in Parliament without

the President's recommendation. The Annual Financial Statement (Union
Budget) is laid before Parliament in the name of the President.

 Judicial Powers: The President has the power to grant pardons, reprieves,
respites, or remissions of punishment, or to suspend, remit, or commute the
sentence of any person convicted of any offense. This clemency power is
exercised in cases involving offenses against Union law, court-martial
sentences, and death sentences.

 Emergency Powers: The President can proclaim three types of

emergencies: National Emergency (Article 352), State Emergency
(President's Rule) (Article 356), and Financial Emergency (Article 360).
 These powers significantly enhance the President's authority but are subject
to parliamentary approval and judicial review.

3. Discretionary Powers
While the President is generally bound by the advice of the Council of Ministers,
there are exceptional situations where they may exercise discretion:

 Appointment of the Prime Minister: In scenarios where no single party

commands a clear majority in the Lok Sabha, the President has the discretion
to appoint a Prime Minister who, in their judgment, is most likely to secure
the confidence of the House.

 Dissolution of the Lok Sabha: The President may refuse a Prime Minister's
advice to dissolve the Lok Sabha if the Prime Minister has lost the
confidence of the House.

4. Immunities and Legal Proceedings

The President enjoys immunity from legal proceedings during their term of office.
They cannot be arrested or compelled to appear in any court. However,
impeachment proceedings can be initiated for the violation of the Constitution,
requiring a two-thirds majority in both Houses of Parliament.

5. Relationship with the Council of Ministers

The President's functions are to be exercised on the aid and advice of the Council
of Ministers. This relationship underscores the parliamentary nature of the Indian
polity, ensuring that the real executive power rests with the elected representatives,
while the President serves as the ceremonial head, upholding the Constitution and
ensuring its observance.

6. Messages to Parliament
Article 86(2) empowers the President to send messages to either House of
Parliament concerning pending bills or otherwise. While this provision exists, its
practical utility is limited due to the integrated nature of the executive and
legislature in the parliamentary system. The President's ministers, who are
members of Parliament, can directly communicate the executive's stance, rendering
the need for formal messages less pertinent.
7. Quorum and Decision-Making in Parliament
The Constitution mandates that the quorum for each House of Parliament is one-
tenth of its total membership. If a quorum is not present, the House cannot conduct
its business. Decisions in each House are taken by a majority of members present
and voting, excluding the presiding officer, who casts a vote only in the case of a
tie.

(B) The Rajya Sabha (Upper House)

It is a permanent body that cannot be dissolved but one-third of its members retire
every two years.

 Maximum strength: 250 members (as per Article 80)

 Elected members: 238 (elected by State Legislative Assemblies)
 Nominated members: 12 (nominated by the President for contributions in
literature, science, arts, or social service)
 Chairman: The Vice President of India (ex-officio)
 Deputy Chairman: Elected by Rajya Sabha members

Powers of the Rajya Sabha

 Has co-equal powers with the Lok Sabha in passing laws, except in financial
matters.
 Can initiate legislation, except money bills.
 Has special powers under Article 249 to pass a resolution allowing
Parliament to legislate on a State List subject.
 Plays a role in removing the Vice President under Article 67.

(C) The Lok Sabha (Lower House)

 Maximum strength: 552 members (as per Article 81)
 530 members represent States
 20 members represent Union Territories
 2 members can be nominated from the Anglo-Indian community (this
provision was removed by the 104th Constitutional Amendment Act, 2019).
 Term: 5 years but can be dissolved earlier by the President.

Powers of the Lok Sabha

 It has exclusive powers in financial matters (Money Bills, Budget, etc.).
  It controls the Council of Ministers through motions of confidence and no-
confidence.
 It participates in amending the Constitution along with the Rajya Sabha.
 It can override the Rajya Sabha in cases of Money Bills (Article 110).

3. Functions and Powers of Parliament

The Indian Parliament performs multiple functions:

(A) Legislative Powers

 Parliament has the power to make laws on subjects in the Union List (List I)
and Concurrent List (List III).
 Under Article 249, Parliament can legislate on a State List subject if Rajya
Sabha passes a resolution by a two-thirds majority.
 Under Article 250, during a national emergency, Parliament can legislate on
any subject in the State List.
 Under Article 252, two or more states can request Parliament to make a law
applicable to them.
 Amendment Powers: Parliament can amend the Constitution under Article
368.

(B) Executive Powers (Control over Government)

 The Council of Ministers is collectively responsible to the Lok Sabha
(Article 75).
 Parliament exercises control through:
1. Question Hour
2. Zero Hour
3. Adjournment Motions
4. No-confidence motions

(C) Financial Powers

 The Annual Budget (Article 112) is presented and passed in Parliament.
 The Lok Sabha has exclusive power over Money Bills (Article 110).
 The Rajya Sabha can only suggest changes to a Money Bill but cannot
reject it.
 Parliament controls taxation and expenditure through the Consolidated
Fund and Public Accounts of India.
(D) Electoral Functions
 Parliament participates in the election of:
1. The President of India (Article 54)
2. The Vice President of India (Article 66)
3. The Rajya Sabha elects the Deputy Chairman.
4. The Lok Sabha elects the Speaker and Deputy Speaker.

(E) Judicial Powers

 Parliament has the power to impeach the President (Article 61).
 It can remove judges of the Supreme Court and High Courts (Article 124
and Article 217).
 It has the power to punish members for breach of privilege.

4. Sessions of Parliament
 Summoning (Article 85): The President calls sessions; the gap between two
sessions cannot exceed six months.
1. Three Sessions Every Year:
2. Budget Session (Feb-May)
3. Monsoon Session (July-Sept)
4. Winter Session (Nov-Dec)
5. Quorum: Minimum one-tenth of the total members must be present for the
proceedings.

5. Parliamentary Privileges
 MPs enjoy certain privileges such as:
1. Freedom of speech in Parliament (Article 105)
2. Immunity from legal proceedings for speeches made in the House
3. Right to publish debates and proceedings

6. Procedure of Law-Making

(A) Ordinary Bills

 Can be introduced in either house.
 Must be passed by both houses and receive the President’s assent.
 If there is a deadlock, the President can summon a joint sitting (Article
108).
(B) Money Bills (Article 110)
 Can only be introduced in Lok Sabha on the recommendation of the
President.
 Rajya Sabha has no power to amend or reject; it can only make
recommendations.

(C) Constitutional Amendment Bills (Article 368)

 Requires a special majority in both Houses.
 Some amendments also need approval from at least half of the state
legislatures.

7. Dissolution of Lok Sabha

 Dissolution ends the term of the Lok Sabha and all pending bills (except
Money Bills) lapse.
 The President dissolves Lok Sabha either:
1. Automatically after 5 years or
2. On the recommendation of the Prime Minister

Conclusion
 The Indian Parliament is a bicameral institution with distinct roles for both
houses.
 While the Lok Sabha is the primary legislative body, the Rajya Sabha
plays an essential role in reviewing legislation.
 The President's role is largely formal, but his/her assent is required for all
legislation.
 The Parliament is a key instrument of democracy, ensuring legislation,
oversight, and financial control over the government.

STATE LEGISLATURE IN INDIA (As per the Constitution

of India)
The State Legislature in India functions as the legislative body at the state level. It
is responsible for making laws, overseeing the administration, and ensuring good
governance within the state. The structure of the State Legislature varies from state
to state.
Types of State Legislatures

1. Unicameral Legislature – States with only one house, i.e., the Legislative
Assembly (Vidhan Sabha).
2. Bicameral Legislature – States with two houses, i.e., the Legislative
Assembly (Vidhan Sabha) and the Legislative Council (Vidhan
Parishad).

Currently, only six states in India have a Legislative Council:

 Andhra Pradesh
 Bihar
 Karnataka
 Maharashtra
 Telangana
 Uttar Pradesh

I. STATE LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

The Legislative Assembly is the lower house in a bicameral state legislature and the only house
in a unicameral legislature.

1. Composition of Legislative Assembly (Article 170)

 The maximum number of members in a Legislative Assembly is 500 and

the minimum is 60.
 Some smaller states (e.g., Sikkim, Goa, Mizoram) have fewer members.
 Members are called Members of Legislative Assembly (MLAs).

2. Manner of Election

 Direct elections are conducted on the basis of universal adult suffrage

(Article 326).
 The election follows the first-past-the-post system (FPTP).
 The entire state is divided into single-member territorial constituencies.
 The Delimitation Commission decides constituency boundaries.

3. Who is Eligible to Contest Elections? (Article 173)

To be eligible to contest Legislative Assembly elections, a person must:
  Be a citizen of India.
 Be at least 25 years old.
 Be registered as a voter in any state constituency.
 Not hold an office of profit under the government.
 Not be of unsound mind or an undischarged insolvent.
 Not be disqualified under any law made by Parliament (e.g.,
Representation of the People Act, 1951).

4. Who Can Vote?

 Every Indian citizen above 18 years of age can vote (Article 326).
 Voters must be registered in the electoral roll of a constituency.

5. Tenure of Legislative Assembly (Article 172)

 The normal tenure is five years from the date of its first sitting.
 Can be dissolved earlier by the Governor on the advice of the Chief
Minister.
 During a national emergency, Parliament can extend the tenure beyond
five years one year at a time.

6. Powers & Functions of Legislative Assembly

A) Legislative Powers

 Can make laws on subjects in the State List and Concurrent List (if not in
conflict with Parliament).
 If there is a bicameral legislature, the Assembly has overriding power
over the Council.
 If a bill is rejected by the Council, the Assembly can pass it again, and it is
considered passed even without the Council’s approval.

B) Financial Powers

 The Annual Budget of the state is presented and passed in the Legislative
Assembly.
 Money Bills can only be introduced in the Assembly.
 The Legislative Council can only delay a Money Bill for 14 days but
cannot reject it.
C) Executive Powers

 The Chief Minister and Council of Ministers are responsible to the

Legislative Assembly.
 The Assembly can pass a vote of no confidence, leading to the resignation
of the Chief Minister and his/her government.

D) Control over Administration

 The Assembly can:

o Question ministers.
o Discuss government policies.
o Pass motions of censure against ministers.

E) Electoral Functions

 Elects the members of the Rajya Sabha (Upper House of Parliament)

from the state.
 Elects one-third of the members of the State Legislative Council (if
applicable).

F) Judicial Functions

 Can recommend the removal of judges of the High Court.

 Can participate in the impeachment of the Governor if necessary.

II. STATE LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

The Legislative Council is the upper house in a bicameral legislature. Not all states have it.

1. Composition of Legislative Council (Article 171)

 The total number of members cannot exceed one-third of the Legislative

Assembly's strength.
 The minimum strength is 40 members.

2. Manner of Election
Members of the Legislative Council are indirectly elected and nominated.
The composition is as follows:
 1. One-third (1/3rd) elected by MLAs (Members of Legislative Assembly).
2. One-third (1/3rd) elected by local bodies (Municipalities, Panchayats,
etc.).
3. One-twelfth (1/12th) elected by graduates from the state.
4. One-twelfth (1/12th) elected by teachers from educational institutions.
5. One-sixth (1/6th) nominated by the Governor (from fields like literature,
science, arts, and social service).

3. Who is Eligible to Contest Elections? (Article 173)

To be eligible to contest the Legislative Council election, a person must:

 Be a citizen of India.
 Be at least 30 years old.
 Be registered as a voter in any state constituency.
 Fulfill other qualifications prescribed by Parliament.
 Not be disqualified under any law.

4. Who Can Vote?

 MLAs, local body members, graduates, teachers, and the Governor (for
nominations).

5. Tenure of Legislative Council

 It is a permanent body and cannot be dissolved.

 One-third of its members retire every two years.

6. Powers & Functions of Legislative Council

A) Legislative Powers

 Can introduce ordinary bills (except Money Bills).

 Can delay a bill for 3 months in the first instance and one month in the
second instance.
 If the Assembly re-passes the bill, it becomes law, even if the Council
disagrees.
B) Financial Powers

 No power over Money Bills – can only discuss and suggest amendments.
 Can delay a Money Bill for only 14 days.

C) Executive Powers

 Cannot remove the government (unlike the Legislative Assembly).

 Can question ministers and discuss state policies.

D) Judicial Functions

 Participates in discussions related to High Court judge removal.

 Can review bills and suggest improvements.

Comparison of Legislative Assembly & Legislative Council

Feature Legislative Assembly Legislative Council

Existence Compulsory in every state Only in some states

Membership 60 to 500 members 40 members minimum

Indirect elections &

Election Direct elections by the people
nominations

5 years (unless dissolved Permanent; one-third retires

Term
earlier) every 2 years

Money Bills Exclusive power Can only delay for 14 days

Control Over Full control, can remove the

No executive control
Government Chief Minister

Can only delay or suggest

Legislative Power Final say on all bills
changes
Conclusion

 The Legislative Assembly is the more powerful house.

 The Legislative Council, where it exists, acts as a reviewing body.
 Parliament can create or abolish a Legislative Council on the state’s
request (Article 169).