The Union Parliament

• The Union Parliament consists of the President and two

houses—The House of People commonly known as the Lok
Sabha and the Council of States known as the Rajya Sabha.
• The Parliament is a body of people’s representatives who have
the supreme power and authority of governance in a democratic
country.

Federal Set up

India has a federal form of Government which means that the

powers are divided between the central and state governments and
both are supreme within their respective spheres.
Both central and state governments draw their authority from the
Constitution of the country.

Importance of the Federal Form of Government

 • Although India has the federal form of Government, it is not
possible for the states to break away from the Indian Union. This
ensures and maintains the unity and the integrity of the country.

• The federal setup allows them to maintain their cultural and

linguistic affiliations.

• There is division of administrative and legislative powers

between them and none can violate any terms of the
Constitution.

• The states also participate in the functioning of the government.

The Upper House (Rajya Sabha) mainly consists of the
representatives of the states.

• The Constitution has provided the central and state

governments with adequate financial resources to carry out
their duties towards the people.

• The Constitution of the country does not give equal

representation to the states in the Rajya Sabha. States get
representation based on the population of their states.

Lok Sabha
The Lok Sabha is known as the House of People as its members are
directly elected by the people of India.

• The members of the Lok Sabha are elected for a period of five
years. However, it can be dissolved before completing its term
by the President on the advice of the Prime Minister and his
cabinet.
 • The term of the Lok Sabha can be extended for a year during an
emergency.

Composition

• The maximum strength of the Lok Sabha is 552 members.

• According to the Constitution, not more than 530 members can
represent the states and not more than 20 members can
represent the union territories.
• The president may appoint 2 members of the Anglo Indian
community.
• Seats in the Lok Sabha are allotted to the states on the basis of
their population. For example, Uttar Pradesh being the most
populous state in India sends 80 members to the Lok Sabha,
while Sikkim and Goa sends one and two members,
respectively.

Qualification

• He should be a citizen of India and should not be less than 25

years of age.

• His name should be in the electoral rolls in some parts of the

country.

• He should not be insolvent , it means unable to pay debt and

meet his/her financial requirements.

• He should not hold any office of profit under the government.

• He should not be a proclaimed criminal and should be of sound

mind.
Disqualification of Membership

A Member of Parliament can be disqualified under the following

circumstances:

• If he holds any office of profit under the central or state

government.
• If any court declares him to be of unsound mind.
• If he is an insolvent or has not been able to pay his debts.
• If it is found that he is not a citizen of India or has willingly
acquired citizenship of any foreign state.
• If he is disqualified by law made by the Parliament.

Vacation of Seats

Seats of either the Lok Sabha or Rajya Sabha become vacant under
the following circumstances:

• If a member of the Parliament resigns from his seat.

• If a member remains absent from the House continuously for a
period of 60 days.
• If a member of the Parliament is elected to the State Legislature,
he has to give up his seat in the Parliament and vice versa.

Procedures in the Parliament

There are certain procedures and sessions in the Parliament. These
are:
Sessions
• The President summons each House of the Parliament. Each
House has to meet for at least twice a year and the difference
between two consecutive sessions should not be less than six
months.
 • Generally, there are three sessions—the Budget Session, the
Monsoon Session and the Winter Session.

Quorum

• No bills can be passed if the required number of members of the

Lok Sabha and Rajya Sabha are not present in the House. This
is known as quorum. One tenth of total membership .The
speaker may adjourn the House until the requisite quorum or
the required members are present.

Question Hour
• Question Hour is a time in the Parliament when a member of a

House asks questions from the government on the matters of

public interests. This right of the members to ask questions
from the government is known as interpellation.

• The first hour of every working day in the Parliament is reserved

for Question Hour.

• There are three types of questions which can be asked in the

Parliament. These are:

1. Starred Questions are those to which the members of the

House want oral answers in the Parliament.

2. Unstarred Questions are those to which answers have to be

given in a written form.

3. Short Notice Questions are asked with a notice shorter than

of ten days. It is up to a member to accept or to reject short
notice questions.
Types of Motions
A motion is a proposal made by a member of the House to take
some important matter related to public importance for discussions.
Members draw the attention of the government on important matters
by bringing in the motions. Some important types of motions are:

Adjournment Motion
The adjournment motion is an extraordinary procedure which leads
to discussing the matters of urgent public opinion leaving aside the
normal businesses of the House. Such motions are generally
allowed on subjects such as a large-scale dacoity, occurrence of a
disastrous natural calamity, communal tension etc.

No-Confidence Motion
A No-Confidence Motion is a proposal which expresses lack of
confidence in a Ministry. The Prime Minister and his Council of
Ministers are collectively responsible to the Parliament. If a motion
of No-Confidence is moved by the opposition with the required
support of at least 50 members, it is first discussed and then put to
vote. If the No-Confidence Motion is passed in the Lok Sabha, the
government has to resign.

Adjournment and the Prorogation of the House

When the Government resigns because of the passing of the Motion

of No-Confidence, the Prime Minister can recommend the
dissolution of the House. The President can dissolve the House if
the Prime Minister recommends him and if there are no parties
which have the majority to form the government.
The House can also be adjourned if a sitting or an ex member of the
House dies, there is too much disorder in the House or when there is
no quorum in the House.

Speaker of the Lok Sabha

The speaker of the Lok Sabha is the presiding officer of the House.
He/she is elected from among the members of the Parliament after
the general elections. After his/her elections, the speaker has to act
impartially. The Speaker is elected for a term of five years. A Deputy
Speaker looks after the proceedings of the House if the Speaker is
absent or his/her seat falls vacant.

Functions of the Speaker (related to conducting business of the

House)

• The Speaker presides over the business of the House and allots
time for discussions. His decision in all parliamentary matters is
final.
• All bills passed by the Lok Sabha have to be signed by the
Speaker.
• He puts issues to vote and announces the results.
• The Speaker decides if a bill is an ordinary bill or a money bill.

Administrative Functions
• The Speaker receives all petitions and documents in the House.

• He communicates all decisions which are taken in the House to

the concerned authority.

Disciplinary Functions
• The speaker maintains order in the House. He can suspend a

member or in the case of serious disorder may adjourn the

House.
• If indecent words are used by the members, the Speaker may

order not to use such words in the future.

• The Speaker decides in accordance with the Constitution if a

member stand disqualified under the Anti-Defection Law. His

decision is considered final.

Parliamentary Committees
• The Speaker presides over some Committees of the House such

as the Business Advisory Committee and the Rules Committee.

• He appoints the Chairmen of all committees in the House and

issues directions to them.

Miscellaneous Functions
• The Speaker presides over the joint sessions of both Houses.

• He presides over the Conference of Presiding Officers of

Legislative Bodies in India.

Rajya Sabha
The Rajya Sabha is a permanent House as it cannot be dissolved.
Members of the Rajya Sabha are elected for a period of six years and
one-third of the total members retire after every six years.

Composition
The Rajya Sabha consists of 250 members. Of these, 12 members
are nominated by the President. These are individuals who have
contributed immensely to the fields of education, sports, art,
sciences, social service etc. The remaining 238 members of the
Rajya Sabha are elected by the members of State Legislative
Assemblies. Seats are allocated to the states on the basis of their
population. While Uttar Pradesh sends 31 members, Mizoram sends
only one member.

Qualification
• He should be a citizen of India and should not be less than 30
years of age.
• His name should be in the electoral rolls in some parts of the
country.
• He should not be under debt and should be able to meet his/her
financial requirements.
• He should not hold any office of profit under the government.
• He should not be a proclaimed criminal and should be of sound
mind.
Powers and Functions of the Lok Sabha and the Rajya Sabha
Legislative Powers

• The Lok Sabha and the Rajya Sabha make laws on the Union
List on important subjects such as foreign policy and defence.
• Both Houses also make laws on the Concurrent List. In case of
conflicts with the state governments, the laws made by the
Union Government are accepted.

• The Houses can make laws on the matters which are not
included in any of the three lists. This power is known as
residuary powers.

• The Parliament can make laws on the subjects included in the

State List during an emergency, when the Rajya Sabha passes a
resolution stating that the subject in the State List is of national
importance and when two or more states in the Rajya Sabha
want laws on the subject in the State List should be made by the
Parliament.

• The President can pass Ordinances at the time when the

Parliament is not in session. However, the Ordinances cease to
exist after six weeks.

• When there is a breakdown of Constitutional machinery in the

state, an emergency can be declared by the Parliament in that
state. The Parliament acts as the legislature in such a state and
assumes all important powers in the state.
Financial Powers
All bills except the Money Bill can originate in either House of the
Parliament. Money Bills can originate only in the Lok Sabha. The
Rajya Sabha plays only an advisory role in the financial sphere.

• The Parliament passes the Union budget which consists of the

total income and expenditures of a financial year.

• The Parliament may ask for a Supplementary Grant if the

amount authorised for the current financial year is insufficient.

• If the Budget is not passed in the beginning of the financial year,

the executive may draw funds from the Consolidated Fund until
the Budget is passed by the Parliament.

• The Parliament decides on the salaries and allowances of the

MPs.

• No taxes can be imposed on the people or money can be sent

by the Government without the approval of the Parliament.

Control over the Executive

• The Parliament exercises control over the Executive by posing

questions to ministers related to public opinion during Question

Hour. By asking questions, members can draw the attention of
the House and people towards unjust policies of the
government.
 • The Parliament can pass a motion of No-Confidence against the
government. If such a motion is passed, then the government
has to resign.
• Adjournment motions can be passed on certain occasions when
a mishap takes place such as railway accidents, killing of people
during riots etc. Through this motion, the Parliament draws the
attention of the people towards acts of omission and
commission.

• A cut motion may be moved if the Parliament aims to reduce the

demand of grants presented to the Lok Sabha. It also ensures
that public money is spent in accordance with the decisions of
the Parliament.

Amendment of the Constitution

• The Parliament can amend the Constitution. The amendments

should be passed by each House with two-thirds majority.
Other Powers

• The Parliament has the power to alter the name or the

boundaries of any state. It can also make new states.

• It makes laws regarding the composition, jurisdiction and

powers of the Supreme Court.

Special Powers of the Rajya Sabha

• The Lok Sabha cannot make laws on subjects included in the
State List. Only if the Rajya Sabha passes a resolution by two-
thirds majority of the House, the Parliament can make laws on
the State List.
 • If the Rajya Sabha demands that new all-India services should
be made in national interests, the Parliament may create new
services.
• If the Lok Sabha is dissolved before or after the declaration of a
national emergency, the Rajya Sabha plays the role of the Lok
Sabha.

Special Powers of the Lok Sabha

• Motion of No-Confidence can be moved and passed only in the
Lok Sabha. If it is passed, the Government has to resign.

• Money bills can only be introduced in the Rajya Sabha.

• In case of a deadlock over an ordinary bill, the will of the Lok

Sabha prevails as its numerical strength is double that of the
Rajya Sabha.

Anti-Defection Law
The Constitutional Act passed in 1985 is known as the Anti-
Defection Law. Members of Parliament and state legislatures can be
disqualified from the Parliament on the grounds of defecation. These
are:

• If a member of a party who is a parliamentarian abandons his

membership from a party or votes or abstains from voting
contrary to the directions issued by the party.
• A nominated Member of Parliament belonging to any party can
be disqualified if he gives up his membership and abstains from
voting contrary to the directions of the party.
• An independent Member of Parliament is disqualified if he joins
any political party after his election
 President & Vice President
The President
The President is the head of the Indian Union and is the supreme
commander of the defence forces of India.

Qualifications for Election to the Position of President

• He should be a citizen of India.

• He should have completed thirty-five years of age.
• He should be qualified for election as a member of the Lok
Sabha.
• He should not hold any office of profit under the Government of
India.

Election of the President

The President is elected indirectly by the members of the Electoral

College. The Electoral College consists of

• The elected members of the Lok Sabha and the Rajya Sabha
• The elected members of the State Legislative Assemblies

It is to be noted that the nominated members of the Parliament and

the State Legislative Assemblies are not part of the Electoral
College.
For choosing the presidential candidate, the name of the candidate
should be proposed by 50 members of the Electoral College and has
to be agreed by another 50 members.

Manner of Election
The election of the President is held in accordance with the system
of proportional representation by the means of single transferable
vote. Efforts have been made to maintain uniformity in the scale of
representation of different states:

• (a.)The voting power of an elected member of the Legislative

Assembly is calculated in proportion to the total population of
the state and the number of total elected members of the
Legislative Assembly.

• The value of the vote of the members of the Parliament is

obtained by dividing the total number of votes assigned to the
MLAs of the state by the total number of members of the
Parliament.

Single Transferable Vote System

• In the single transferable vote system, all candidates are first

listed and the electoral gives preference to these candidates.

• If a candidate gets absolute majority, he is declared as elected. If

no candidate gets majority, the candidate who gets the least
number of votes is eliminated. This process of elimination
continues until a candidate gets an absolute majority.

Indirect Election
There are several reasons as to why the President is elected
indirectly. These are:
• The direct election of the President by the people of the country

can make him a rival centre of power to the Council of Ministers.

• As mostly a party gets a majority in the Houses of the

Parliament, election of the President by only the members of the
Parliament could have made him a nominee of the ruling party.
Then the President would not have been able to represent the
states in India.
 • The election of the President by an Electoral College consisting
of the State Legislative Assemblies makes the President the
elected representative of the whole nation.

The President takes the oath of office in the presence of the Chief
Justice of India.

Term
The President is elected for a period of five years. He can hold office
even after the expiry of his term as a President till the election of a
new President.

Vacation of Office
• The President can resign by submitting his resignation letter to

the Vice President.

• The President can be impeached or removed from his office for

gross misconduct or for violating the Constitution.

Procedure for the Impeachment of the President

• For impeaching the President, a resolution can be moved after

giving a fourteen days’ notice which should be signed by not

less than one-fourth of the total number of the members of the
House.

• The resolution should be passed by a majority of at least two-

thirds of the total membership of the House.

• The charge is then investigated by the either House of the

Parliament and the President can appear and get represented
during such an investigation.
 • If after investigations, a resolution is passed by a majority of not
less than two-thirds members of both Houses of the Parliament,
the President is impeached.

Powers and Functions of the President of India

Executive Powers
• The President is the head of the Indian Union. All executive

orders are issued by the Prime Minister and his cabinet on the
name of the President.
• All key appointments are made on the name of the President on

the advice of the Prime Minister and his cabinet. The President
appoints
o The Prime Minister (the leader of the majority party in the Lok
Sabha) and his Council of Ministers on the advice of the Prime
Minister.
o The Chief Justice and the judges of the Supreme Court and
the High Courts.
o The Governors of the states, Lt-Governors and the Chief
Commissioners of the Union Territories.
o The Attorney General, the Comptroller and the Auditor General
of India.
o The Chairman and the members of the Union Public Service
Commission.
• President’s rule is imposed over states if there is a breakdown

of the state machinery or if no party is capable of proving its

majority on the floor of the House.
• Administration of the Union Territories and the border areas is

the responsibility of the President.

Diplomatic Powers
 • The President appoints the Indian Ambassadors to the other
countries.
• He receives ambassadors and diplomatic envoys from the other
countries.
• All treaties and international agreements are concluded on the
name of the President.
• The President represents the entire nation in international
conferences.

Legislative Powers

• The President addresses both Houses of the Parliament for the

first session held after the General Elections to the Lok Sabha.

• He has the power to send messages to both Houses of the

Parliament related to any parliamentary matter (e.g. bills).

• The President has the power to summon and prorogue the

houses of the Parliament.

• He can dissolve the Lok Sabha on the recommendations of the

Prime Minister.

• The President nominates 12 members to the Rajya Sabha from

among persons who have made great contributions to science,
literature, social sciences, arts and sports.

• No bill can become a law until and unless it is signed by the

President. The President can send the bill back to the House if
he disagrees with any clause of the bill. However, when the bill
comes to him for the second time, he has to sign it.
 • The Governor may reserve some bills passed by the state for
taking an opinion of the President. The President can send the
bill back to the State Assembly for reconsideration.

• A bill dealing with the altering of state’s boundaries and the

formation of new states cannot be introduced without the
recommendations of the President.

Financial Powers

• Money bills can originate in the Lok Sabha only on the

recommendations of the President.
• The Annual Budget is placed by the Finance Minister in the
Parliament on behalf of the President.
• The Annual Financial Statement is also laid before the
Parliament at the beginning of the financial year on behalf of the
President.
• Withdrawals from the Contingency Fund can be made after the
approval of the President.

Discretionary Powers

• The President can appoint the Prime Minister when there is a

hung Parliament, i.e. where no single party gets a majority in the
Lok Sabha.
• He can appoint the Prime Minister in case of his (Prime Minister)
sudden death and the ruling party is unable to elect a leader.
• When the ruling party loses the majority in the Lok Sabha, the
President may or may not dissolve the House on the
recommendations of the Prime Minister. The former may ask the
leader of the other party to prove their majority on the floor of
the House.
 • The President can dismiss ministers of the government if they
lose the confidence of the House but refuse to resign.

Emergency Powers

The President can declare emergency in the following cases:

• National Emergency: If there is danger to the peace and security

of the nation because of foreign aggression, civil war or
insurgency.
• Breakdown of Constitutional Machinery: Emergency can be
proclaimed in the state if the constitutional machinery of the
state breaks down.
• Financial Emergency: If the financial stability or the credit of the
country is threatened.

Emergency

Emergency can be declared by the President under three

circumstances:

National or General Emergency

• Emergency can be declared if the President feels that the

security of India is under threat either because of foreign
aggression, civil war or armed rebellion.

• National emergency should be approved by both Houses of the

Parliament within one month by special majority.
 • The emergency cannot continue for more than one month. If the
Lok Sabha does not approve the Proclamation of Emergency,
the President has to annul his Proclamation.

Effects of National Emergency

• During a national emergency, the fundamental rights of the

people are partially or wholly suspended.

• No person can move to the court for the enforcement of any

rights except Articles 20 and 21.

• The states have to work according to the instructions of the

central government and the country assumes unitary character.

• The central government may alter the distribution of revenues

between the centre and the state and the salaries of
parliamentarians can be reduced.

• The term of the Lok Sabha may be increased by a year during an

emergency.

• National emergency was declared for the first time on 26

October 1962 when China launched an attack on India. Again, it
was proclaimed on 3 December 1971 because of the threat
caused by Pakistan’s army.

Emergency Caused by Breakdown of Constitutional Machinery

• The Constitutional Emergency can be promulgated if the

President receives reports from the Governor stating the
inability of the state government to function according to the
provisions of the Constitution.
 • Under such circumstances, President’s rule is imposed in the
state.

• The duration of such an emergency is two months. In case the

duration has to be increased, it has to be ratified by the
Parliament. President’s rule in the state can continue for a year.

Effects of Emergency in the State

• The administration of the state is carried out by the President,

and the Governor has to follow the instructions of the Union
Government.

• The President may dissolve the Lok Sabha and dismiss the
Council of Ministers.

• The Parliament may pass laws even on subjects listed on the

State List.

• When the Lok Sabha is not in session, the President may

authorise expenditures out of the Consolidated Fund of the
State.

• President’s rule was proclaimed for the first time in Punjab in

1951.

Financial Emergency

• The President can declare financial emergency if he feels that

the financial credibility or stability of the nation is in danger.

• Such an emergency is valid for two months unless it is further

ratified by the Parliament.
Effects of Financial Emergency in the State

• The President appoints a Finance Commission to suggest ways

to improve the financial condition of the country.

• The salaries and allowances of the government officers can be

reduced by the President.

• All money bills passed by the Lok Sabha have to be submitted

to the President for his approval.

• The President can issue instructions to the States in regard to

the use of funds.

• Financial emergency has never been declared in the state.

Position of the President

• The President is the head of the Indian Union, but he has to act
on the advice of the Prime Minister and the Council of Ministers.

• The President may send advices of the Prime Minister and his
Council of Ministers for reconsideration. However, if he receives
it back, the President has to act on the advice of the President.

• All the proclamations of Emergency which are issued by the

President have to be approved by the Parliament.

• The President is the constitutional head of the country, but all

decisions are taken by him on the advice of the Prime Minister
and the Council of Ministers.

• The President occupies an important position in the country as

executive powers of the Union is vested in him and is exercised
 by him directly or through officer’s subordinate to him.

• The President has the right to be informed on all important

matters. When no party gets a majority in the Lok Sabha, he can
use his discretion in appointing the Prime Minister in
accordance with the provisions of the Constitution.

The Vice President

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

Qualifications for Election to the Position of the Vice President

• He should be a citizen of India.

• He should have completed thirty-five years of age.

• He should be qualified for elections as a member of the Council

of states.

• He should not hold any office of profit under the Government of

India.

Election of the Vice President

• The Vice President is elected by the members of the Electoral

College consisting of the members of both Houses of the
Parliament. The election is held in accordance with the system
of proportionate representation by the means of a single
transferable vote.

• The voting of the Vice President takes place by secret ballot.

Term of Office
 • The Vice President holds office for a term of five years.
• He may resign from his office by submitting a written
application to the President.

• He can be removed from the office by the process of

impeachment for violating the terms of the Constitution.

Powers and Functions of the Vice President

• The Vice President is the ex-officio Chairman of the Rajya

Sabha. He may suspend and adjourn the business of the House
in case of grave disorder. He regulates the debates and the
proceedings of the House.

• The Vice President can take over the position of the President
under the following circumstances:

o In case of the death of the President

o In case of the resignation of the President

o In case of the impeachment of the President

o When the President is not able to discharge his duties owing

to his absence, illness or because of any other causes.

o In case of impeachment or the death of the President, the Vice

President acts as President till the new President is elected.

Prime Minister and Council of Ministers

It has Parliament form of government so the president is the

Nominal Head of the state. Prime Minister heading the council of
ministers are powerful institution.
Appointment:
President appoints the leader of the majority party of the country.
In case no party has majority, he appoints that people as PM who
can prove that he has support of other people.

Council of Ministers
They are appointed by president on the advise of the prime minister
even a non member can be appointed as Minister but he has to get
himself elected in any house within 6 months of his date of
appointment.

Types of Council of Ministers:

1. Cabinet Ministers: (They are the most important members of the

Council of Ministers. They hold important portfolios, like Home,
Defence, Finance, External Affairs, Railways, etc.

2. Ministers of State: They are the second category of Ministers.

They may or may not hold an independent charge of any portfolio.
The Prime Minister may or may not consult them.

3.Deputy Ministers: They are the third category of Ministers who

assist the Cabinet Ministers and the Council of Ministers. They are
junior ministers and are placed under senior ministers whom they
have to assist.
 TERM OF OFFICE

1. The ministers hold office during the pleasure of the President.

2. The Council of Ministers are collectively responsible to the Lok

Sabha.

3 Before a Minister enters upon his office, the President administers

him the Oath of Office and of Secrecy.

POSITION AND POWERS OF THE PRIME MINISTER

While the President is the nominal head of State, with the backing of
a majority in the Lok Sabha, the Prime Minister is the real head of
the nation.

PRIME MINISTER AND THE PRESIDENT

1.All authority vested in the President is exercised by the Prime

Minister. He is the principal advisor of the President.

2. It is on the advice of the Prime Minister that the President

summons and prorogues the Parliament and dissolves the Lok
Sabha.

3. The Prime Minister chooses the ministers and, on his advice, the
President appoints them.
4. He advises the President on various appointments to important
posts such as the Judges of the Supreme Court, the Governors and
Ambassadors.

5. He is a link between the President and the Council of Ministers.

6. The President can ask the Council of Ministers to reconsider any
matter, which has not been considered by the Cabinet and on which
a decision has been taken by a Minister.

PRIME MINISTER AND THE CABINET

1. Leader of the Cabinet

2. Power to Allocate Portfolios and to Reshuffle the Council of

Ministers

3. Power to Select and Dismiss Ministers

4. Power to Direct and Coordinate Policy

5. Resignation of the Prime Minister

PRIME MINISTER INSIDE THE PARLIAMENT

1. Leader of the Lok Sabha

2. Spokesperson of the Government

3. Defender of Government Policies

4. Intervention in case of Controversial Issues

PRIME MINISTER AS LEADER OF THE NATION

1. The Prime Minister represents the nation. When he speaks, the

whole nation is supposed to be speaking through him.

2. During a national crisis like war, even the opposition parties

support the Prime Minister.

3. The Prime Minister decides what kind of relations India would

have with other countries.

PRIME MINISTER AS LEADER OF THE NATION

1. The Prime Minister represents the nation. When he speaks, the
whole nation is supposed to be speaking through him.

2. During a national crisis like war, even the opposition parties

support the Prime Minister.

3. The Prime Minister decides what kind of relations India would

have with other countries.

4. The Prime Minister tried to protect the interests of the country in

international forums. He discusses matters of mutual interest with
other leaders, keeping the interests of India in mind.

5. At the time of General Election, it is the proposed Prime Minister

for whom or against whom the people vote.

6. The Prime Minister is also the ex-officio Chairman of the Niti

Aayog and the Atomic Energy Commission.

CHECK ON THE AUTHORITY OF THE PRIME MINISTER

1. Though the Prime Minister is the leader of the majority party, he

has to ensure the support of his ministers as well as the party.

2. In case of coalitions, when the Prime Minister does not enjoy an

absolute majority in the Lok Sabha, his position becomes more
vulnerable.

3. Opposition parties always look for a chance to criticise the Prime

Minister.

COLLECTIVE RESPONSIBILITY

Under Article 75(3) of the Constitution “the Council of Ministers shall

be collectively responsible to the House of the People.”
The principle of collective responsibility implies the following:

(i) The decisions taken in the meetings of the Cabinet are equally
applicable to all the Ministers even though they may differ among
themselves on a particular policy.

(ii) All Ministers jointly share the responsibility for the government’s
policies and performance. The Ministers must function as a team in
supporting and defending government policies inside as well as
outside Parliament.

(iii) A Vote of No-Confidence against one Minister is a vote against

the whole Ministry. Such a Ministry that has lost the confidence of
the Lok Sabha has to resign.

INDIVIDUAL RESPONSIBILITY

The Ministers are individually responsible to the President, i.e., they

hold office during the pleasure of the President and may be
dismissed by him, of course, on the advice of the Prime Minister
even when they may have the confidence of the Legislature.

Each Minister is answerable to Parliament for the department under

his control. It is obligatory for him to answer all the questions asked
by the MPs, regarding the functioning of his department.
 The Supreme Court
The Judiciary-It is one of the 3 main
the organ of government. The
principal role of the judiciary is
to protect rule of law and ensure
supremacy of law. It safeguards rights
of the individual, settles disputes in
accordance with the law and ensures
that democracy does not give way to individual or group dictatorship.

A single integrated system - means the Supreme court is the head of

the entire system, it supervised and control functioning of other
courts. A single civil and criminal system operates throughout the
country.

Need for a Single Integrated Judiciary:

1. Protection of rights of individual from Legislative & executive

2. It is essential for federal set up where power is decentralized

3. It is essential requirement for protection of human right &

democracy.

The Supreme Court- It consist of Chief Justice & not more than 33
other Judges until Parliament amends.
Qualification & Appointment as Judge of Supreme Court:

1. He should be citizen of India

2. has been for at least 5 years as Judge of High Court, OR

3. has been for at least 10 years an Advocate of HIGH COURT, OR

4. is in the opinion of the president a distinguished JURIST.

Appointment: Every Judge is appointed President of India in

consultation with Judge of SC & HC besides the Council of Minister.
The Senior most Judge is appointed as the Chief Justice of S.C.

Term - 65 years or he may resign by the resignation letter to

President.
Appointment of Ad-Hoc Judges- The CJ of India may appoint is
necessary.

Impeachment - A judge of S.C. may be removed by an order of

President on the ground of proved misbehaviour or incapacity. Such
an order is passed after an address by each House of Parliament
supported by 2/3 rd of members present and voting called
Impeachment. Ex Judge - V. Rama swami (1993).

Seat of Supreme Court- New Delhi

Independence of Judiciary from control of Executive & Legislative

Independence of the Judiciary is ensured by the following devices:
1. Appointment of Judges: Every Judge of the Supreme Court is
appointed by the President after consultation with the Cabinet as
well as the Judges of Supreme Court and High Court. Thus, the
judiciary and the executive are involved in the appointment of
Judges.

2. Removal of Judges: The Judges cannot be removed from office

by any authority through a normal simple procedure. A judge can be
removed by the President only for proved misbehaviour and
incapacity. This charge needs to be proved only by a joint address
by both Houses of Parliament and supported by a two third majority
of members present and voting. The word proved' is very important.
It means that an address can only be presented after an allegation
has been thoroughly examined by some impartial tribunal.

3. Security of Tenure: A Judge can remain in office till he has

attained the age of 65 years. He can be removed by the President on
the ground of "proved misbehaviour or incapacity."

4. Security of Salaries and Service Conditions: Judges' salaries,

allowances, etc., shall not be changed to their disadvantage during
their term of office. The salaries of the Judges cannot be reduced
except during periods of financial emergency Their salaries and
allowances are charged on the Consolidated Fund of India and so
are not subject to vote of Parliament.

5. Freedom to Announce Decisions and Decrees: The Judges are

free to announce their decisions and decrees in the court chambers
without any danger to their person, property or fame. Their
decisions cannot be criticised in public or by the press. It is the duty
of the State to ensure their personal safety at all costs.
6. Punishment for Contempt of Court: The Supreme Court can
punish for the contempt of court if a person or authority makes an
attempt to lower its authority.

7. Full Control Over its Procedure of Work and Establishment: The

Supreme Court is free to decide its own procedures of work and its
establishment as well as the conditions of service of its employees.
Thus, it is free from influence of any outside agency.

JURISDICTION & POWERS

Jurisdiction is the power that court of law excercises to carry out &
enforce them.

a) Original Jurisdiction: power to hear & solve a dispute in the first

instance
i) Centre – Any dispute between State or Inter State Disputes.

ii) Protection Fundamental Right- cases of violation of Fundamental

rights

iii) Transfer of Cases from Lower Courts

iv) Interpretation of Constitution.

b) Appellate Jurisdiction: power to grant special leave to appeal

against judgement given by any court in the country.

i) Constitution Cases – All cases where a certificate is issued by

High Court.

ii) Civil Cases- Appeal in civil matters if high court certifies:

 a) Question of law of General Imp. and
b) Question needs to be decided by supreme court

iii) Criminal Cases -

a) without certificate of H.C.
b) with certificate of H.C.
Certificate is not required if high court has reversed the judgement
and a case is withdrawn by High court.

Functions of Supreme Court – Settlement of Disputes.

Original: The Supreme Court has the original jurisdiction to settle

disputes between the Central government and one or more States
and Union Territories (UTS) as well as between different States and
UTS. Besides, it has original jurisdiction with regard to the
enforcement of Fundamental Rights, transfer of cases from High
Courts and interpretation of the Constitution.

On Appeals: (i) The Supreme Court deals with appeals which are
made to it in respect of its Original Jurisdiction. It gives its verdict
on the interpretation of the Constitution. It also settles Inter-State or
Union-State disputes. (ii) Using its Appellate Jurisdiction, it hears
appeals involving interpretation of the Constitution on civil and
criminal cases where special point of law is involved. (ii) Appeal by
Special Leave.

Appeal by Special Leave: Under Article 136) of the Constitution, the

Supreme Court can allow leave to appeal against the judgement of
any court of India. It is a special power which is to be exercised only
under exceptional circumstances. The Supreme Court has laid down
the principles according to which this power shall be used.
In civil cases, special leave to appeal would not be granted unless
there is a question of law or general public interest involved in the
case.

In criminal cases, the Supreme Court interferes when it is shown

that exceptional and special circumstances exist and grave injustice
has been done.

The Supreme Court could quash the decision of a tribunal when the
tribuna has exceeded its jurisdiction or adopted a procedure which
runs against the established rules of natural justice.

ENFORCEMENT OF FUNDAMENTAL RIGHTS

Any citizen whose rights are violated may move the Supreme Court
for the enforcement of the rights.

The Supreme Court has power to issue orders or writs, in the nature
of habeas corpus, mandamus, prohibition, quo warranto and
certiorari for the enforcement of any of the Fundamental Rights.

The Constitution prohibits the State from making any law which
takes away or abridges the Fundamental Rights. If it does so, the law
shall be declared null and void by the Supreme Court.

IMPORTANT WRITS

1. Habeas Corpus: It means 'to have the body'. By issuing such a

writ, the High Court or the Supreme Court can get the body of any
person released if it has been unlawfully detained by any person or
a group of persons or by the State. This writ is, thus, a great
safeguard for the personal freedom of a citizen.

2. Mandamus: In Latin, it means 'we order'. It is a command or an

order from a Superior Court to a lower or an administrative authority
to perform certain duty.

3. Writ of Prohibition: The Writ of Prohibition is an order issued by a

superior court to a lower court to stop proceedings in a case which
might be in excess of the jurisdiction of the lower court.

4. Writ of Certiorari: This writ is issued by a superior court to a

judicial authority desiring "to be informed of what is going on."
Though it appears similar to the Writ of Prohibition, there is a
difference. Writ of Prohibition is issued when certain proceedings
are going on. The Writ of Certiorari is issued after the order has
already been passed by the lower court.

5. Quo-warranto: It means "by what order." It is issued when a

person has usurped any office. This writ thus prevents public
officers from forcibly or wrongly holding a high public office.

Advisory Jurisdiction –

The S.C. gives opinion on any question of law or of public

importance for consideration of the President.

Revisory Jurisdiction –

Article - 137 allow SC to review its judgement if any mistake or error

has been made. It is court of record & its decision are used as proof
in other cases and cannot be questioned in any court.
Judicial Review - It is the interpreter of Constitution & its decision is
final. It can declare any law null or void. This power is called Judicial
Review.

Court of Record: Judgement of S.C. are recorded for proof &

testimony no court can. Its judgement are preserved as record.

Administrative and Supervisory Functions-

1.Appointment of officer & Staff of S.C.

2.The rules regarding conduct of Advocates appearing before court.

3. It has simplified the procedure in the area of PIL.

The High Courts & Subordinate Courts

High Court
The High Court - is the highest court of appeal in a State There are
21 high courts in India.

Composition - Consists of Chief Justice & other judges whose

number may be fixed by Parliament.

Qualification of a High Court Judge

(A) He must be citizen of India.

(B) He should have worked as a Judge in a court for not less than 10
year.
or
He should have worked as a Advocate in a court for not less than 10
year.
or
He should have been a repeated teacher in the law college.

Appointment of Judges:

i) The Chief Justice is appointed by the President in consultation

with Chief Justice of Supreme Court & Governor of State concerned.

ii) Other judges of High Court are appointed by the President in

consultation with Chief Justice of S.C. & H.C. and Governor of State
concerned.

Condition of Service / Independence of Judiciary

A. RETIREMENT, REMOVAL AND TRANSFER

1. Judge of a High Court enjoys security of tenure and can remain in

office till he has attained the age of 62 years. Neither an additional
nor an acting Judge can hold office beyond the age of 62 years.

2. The President can transfer any Judge from one High Court to
another only if the following conditions are fulfilled:
(i) orders for transfer can be issued after consulting the Chief
Justice of India,

(ii) the Chief Justice of India's recommendation must be made in

consultation with four seniormost judges of the Supreme Court,

(iii) the views of the Chief Justices of the High Courts one from
which the transfer is taking place and another to which the transfer
is to be effected must also be obtained, and

(iv) when a judge has been transferred, he shall be entitled to

compensatory allowance in addition to his salary.

B. SALARIES AND EMOLUMENTS OF JUDGES

The Chief Justice of a High Court and other Judges of the High
Court are paid a monthly salary, as decided by the Parliament. They
are entitled to a rent-free accommodation and other allowances.
After retirement, they get a pension. The salaries and allowances of
the Judges cannot be changed to their disadvantage during the
course of their service except during the period of a Financial
Emergency. The salaries and allowances of the Judges of a High
Court are charged on the Consolidated Fund of the State. So these
cannot be voted upon by the State Legislature.

C. RESTRICTIONS ON PRACTICE

A Judge who has worked as a permanent Judge of a High Court can

practise after his retirement only in the Supreme Court or in those
High Courts where he has not served as a judge. He is prohibited
from practising in other courts or judicial tribunals.
D. OTHER CONDITIONS

(i) A Judge may resign his office by writing, under his hand,
addressed to the President.

(ii) The office of a Judge of a High Court shall be vacant when he is

appointed by the President to be a Judge of the Supreme Court or
when he is transferred to any other High Court.

POWERS AND JURISDICTION OF HIGH COURT

The jurisdiction of a High Court of a State extends to the territorial

limits of that State. If there is a common High Court for two or more
States or Union Territories then the jurisdiction of such a court
extends to the territorial limits of the States or the Union Territories.

Original Jurisdiction
High Courts have original jurisdiction, that is, the power to hear and
decide cases at the first instance. It has original jurisdiction in the
following cases:

(i) It has original jurisdiction over matters relating to State revenue

and its collection.

(ii) Cases regarding wills, divorce, marriage, company law and

contempt of court may be referred or brought before the High Court
directly.

(iii) Every High Court has the power to interpret the Constitution.
This power is known as the power of Judicial Review.
(iv) Along with the Supreme Court, it enjoys original jurisdiction for
the enforcement of Fundamental Rights guaranteed by the
Constitution. It can also issue writs for the enforcement of
Fundamental Rights.

(v) The High Court has original jurisdiction in cases such as,
election petitions challenging the election of the Members of
Parliament or a member of the State Legislative Assembly or other
local bodies.

Appellate Jurisdiction

Appellate Jurisdiction of High Court means that the High Court has
the power to accept appeals against the decisions of District Courts,
in civil as well as criminal matters.

FUNCTIONS OF THE HIGH COURT

Settlement of Disputes

Original: The High Court has original jurisdiction to settle disputes

relating to State revenue and its collection; to hear directly cases
related to will, divorce, marriage, company law and contempt of
Court; to interpret the Constitution; for enforcement of Fundamental
Rights; and petitions related to the election of the MPs, MLAS and
other local bodies.

On Appeal: The High Court has the power to accept appeals against
the decisions of District Courts in both the civil and criminal cases
as discussed earlier in the chapter.
Subordinate Court

The Subordinate courts function under the High court of state

concerned. They administer justice at district level.

LOK ADALATS

Lok Adalat means 'People's Court'. It is an alternative dispute

redressal mechanism where disputes/cases pending in the court of
law or at pre-litigation stage are settled amicably. On the
recommendation of Justice P.N. Bhagwati, Lok Adalats were set up
by Legal Services Authorities Act, 1987 as a legal forum to provide
legal aid and quick justice to those who are not in a position to
engage lawyers or bear the expenses of legal proceedings. There is
no court fee payable when a matter is filed in a Lok Adalat. The Legal
Services Authorities Act, (1987) provides that State or district
authorities shall organise Lok Adalats from time to time. All
decisions of the Lok Adalats shall be deemed to be decrees of a Civil
Court and shall be binding on the parties to the dispute. Main
condition of the Lok Adalat is that both parties in a dispute should
agree for a settlement.
Advantages of Lok Adalat:

1. Lok Adalats play important role in the settlement of family feuds,

disputes between the neighbours and minor cases of assault and
injury by settling the disputes through compromise. Since the Lok
Adalats work in the spirit of compromise and understanding, both
the parties feel satisfied.

2. Lok Adalats deliver fast and inexpensive justice. Any person can
move Lok Adalat by an application on a plain paper or using the
format available with Legal Service Authorities and expect speedy
justice.

3. The Lok Adalats reduce the workload of other courts enabling

them to deal with more serious matters. This reduces delays in
higher courts.

4. Lok Adalats promote social justice by providing legal aid to

weaker sections of society.