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UNIT-II

The document outlines the structure and functions of the Indian Parliament, detailing its bicameral nature with the Rajya Sabha and Lok Sabha, and the role of the President. It also discusses the powers of the President and Governors, as well as the jurisdiction and appointment of the judiciary, emphasizing the independence of the judiciary and the collegium system for judicial appointments. Overall, it highlights the balance of power within the constitutional framework of the Indian government.

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Karan Singh Kaushik
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1 views

UNIT-II

The document outlines the structure and functions of the Indian Parliament, detailing its bicameral nature with the Rajya Sabha and Lok Sabha, and the role of the President. It also discusses the powers of the President and Governors, as well as the jurisdiction and appointment of the judiciary, emphasizing the independence of the judiciary and the collegium system for judicial appointments. Overall, it highlights the balance of power within the constitutional framework of the Indian government.

Uploaded by

Karan Singh Kaushik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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UNIT-II: CONSTITUTIONAL ORGANS OF THE

GOVERNMENT

a. PARLIAMENT

i. Composition

The Indian Parliament is a bicameral legislature, which means it has two Houses + the
President.

1. President of India – Not a member, but an integral part of the Parliament.


2. Rajya Sabha (Council of States):
o Upper House.
o Maximum Strength: 250 (Currently around 245).
o Elected by elected members of State Legislative Assemblies via
proportional representation.
o 12 members nominated by the President (from literature, science, art, and
social service).
o It’s a permanent body, 1/3rd retires every 2 years.
3. Lok Sabha (House of the People):
o Lower House, but way more powerful on most issues.
o Maximum Strength: 552.
 530 from States.
 20 from Union Territories.
 2 nominated by President (Anglo-Indian rep provision now removed
by 104th Amendment).
o Members elected directly by the people via universal adult franchise.
o Term: 5 years (unless dissolved earlier).

ii. Parliamentary Sovereignty

 Borrowed from the UK, but with desi seasoning


 In India, Parliament is not absolutely sovereign (like in the UK) due to:
o Written Constitution.
o Federal structure.
o Judicial review under Articles 13, 32, 226.
 Doctrine of Basic Structure (Kesavananda Bharati case, 1973) restricts Parliament’s
amending powers under Article 368.
 Sovereignty = limited and Constitution-bound.

So Parliament is powerful, but not all-powerful — it can make laws, but can’t break the
Constitution’s core.

iii. Parliamentary Privileges

 Special rights and immunities enjoyed by each House and its members to function
independently.
 Article 105 (Parliament) and Article 194 (State Legislatures) govern privileges.
 Types:
1. Freedom of speech in Parliament.
2. Immunity from legal action for anything said or any vote given.
3. Freedom from arrest in civil cases (not criminal) during session + 40 days
before/after.
4. Right to regulate internal proceedings.
5. Right to punish for contempt.

Fun fact: These privileges are uncodified — Parliament hasn’t yet passed a law defining
them. So it’s kinda like an old secret recipe .

b. EXECUTIVE POWER: POSITION AND POWER OF PRESIDENT AND


GOVERNOR

President of India

Nominal Head (Article 52–62)

 Elected by an Electoral College: Lok Sabha + Rajya Sabha + State Legislative


Assemblies.
 Term: 5 years, re-election allowed.
 Powers:
1. Executive: All union executive actions in his name. Appoints PM, Governors,
judges of SC/HC, AG, CAG, etc.
2. Legislative: Summons/dissolves Parliament, addresses first session, gives
assent to bills, ordinance power (Art. 123).
3. Judicial: Can pardon, commute, remit sentences (Art. 72).
4. Emergency: Can declare National, State, or Financial Emergency.

Reality check: Functions on the aid and advice of the Council of Ministers (Art. 74). So
basically, he’s the face; the Council does the work.

Governor of a State

State’s President lite (Articles 153–162)

 Appointed by the President.


 Term: 5 years, holds office at the President’s pleasure.
 Powers:
1. Executive: Appoints CM, Ministers, State Public Service Commission
members.
2. Legislative: Can summon, prorogue, dissolve State Legislature. Assents to
bills. Ordinance power (Art. 213).
3. Judicial: Can grant pardons etc. for state offences under Art. 161.

Pro tip: Governor is often a controversial figure—used by the Centre to influence State
politics (classic centre-state drama).

c. JUDICIARY

i. Jurisdiction of Supreme Court and High Courts

Supreme Court of India (Articles 124–147):

1. Original Jurisdiction (Art. 131): Disputes between Union and States.


2. Appellate Jurisdiction: Appeals in civil, criminal, and constitutional matters (Art.
132–134).
3. Advisory Jurisdiction (Art. 143): President can refer issues.
4. Writ Jurisdiction (Art. 32): For enforcement of Fundamental Rights.
High Courts (Articles 214–231):

1. Original Jurisdiction: Over election petitions, enforcement of Fundamental Rights,


etc.
2. Appellate Jurisdiction: Over civil and criminal cases from subordinate courts.
3. Writ Jurisdiction (Art. 226): For Fundamental Rights + other legal rights (wider than
SC!).

Fun twist: While SC is the guardian of the Constitution, HCs have more flexibility in issuing
writs.

ii. Appointment and Independence of Judiciary

Appointment:

 Supreme Court Judges:


o Appointed by the President.
o Chief Justice of India + other SC judges as per Collegium System (not in
Constitution but evolved via judgments).
 High Court Judges:
o Appointed by President after consultation with CJI, Governor, and Chief
Justice of HC.

Collegium System:

 Evolved from Three Judges Cases.


 Judges appoint judges (self-perpetuating club).
 No formal law backs it, but it dominates judicial appointments.
 Criticised for lack of transparency; NJAC (99th Amendment) struck down by SC.

Independence:

1. Security of tenure – Can’t be removed except by impeachment (Art. 124(4)).


2. Fixed service conditions.
3. No practice after retirement (for SC judges).
4. Separate budget and conduct codes.
5. Power of judicial review ensures checks on Legislature and Executive.

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