POLITICAL SCIENCE

UNIT II: WORKING OF INSTITUTIONS

Major Course | 2nd Semester | Batch 2024

Detailed Notes with Thinkers' Views & Quotes

2.1 Union Legislature: Structure & Powers

The Union Legislature in India is the Parliament — the supreme law-making body of the country. It is
bicameral in nature, consisting of two Houses together with the President of India as an integral part.

A. Structure of the Union Legislature

1. Lok Sabha (House of the People) — The Lower House
• Strength: Total Members: 545 (543 directly elected + 2 nominated from Anglo-Indian
community if needed)
• Election: Members are directly elected by the citizens of India through universal adult franchise.
• Term: Normal term is 5 years, subject to dissolution by the President on advice of the Prime
Minister.
• Presiding Officer: Speaker of the Lok Sabha presides over its sessions.
• Special Power: The Lok Sabha alone has exclusive power over Money Bills — a crucial
financial privilege.

2. Rajya Sabha (Council of States) — The Upper House

• Strength: Total Members: 250 (238 elected by State Legislative Assemblies + 12 nominated by
the President for distinguished contributions in arts, literature, science, social service).
• Election: Members are indirectly elected by elected members of State Legislative Assemblies
using Single Transferable Vote method.
• Term: Rajya Sabha is a permanent body — it never dissolves. One-third of its members retire
every two years.
• Presiding Officer: Vice President of India acts as the ex-officio Chairman of Rajya Sabha.
• Significance: Rajya Sabha represents the federal character of India, giving voice to the States
at the national level.

3. President of India — Integral Part of Parliament

• The President summons and prorogues both Houses, and can dissolve the Lok Sabha.
• All Bills passed by Parliament require Presidential assent to become law.
• The President can issue Ordinances under Article 123 when Parliament is not in session.
• The President addresses a joint sitting of Parliament at the commencement of each Budget
Session.
B. Powers of the Union Legislature
1. Legislative Powers
• Parliament has exclusive power to make laws on subjects in the Union List (97 subjects) — e.g.,
defence, foreign affairs, atomic energy, railways, banking.
• Both Parliament and State Legislatures can legislate on the Concurrent List (52 subjects) —
e.g., education, criminal law, marriage, forests. In case of conflict, Union law prevails.
• Under special circumstances, Parliament can legislate on State List subjects: under Article 249
(national interest), Article 250 (during National Emergency), Article 252 (state consent), Article
253 (international treaties).

2. Financial Powers
• Only Lok Sabha can introduce Money Bills (Article 110). Rajya Sabha cannot amend or reject
them, only delay by 14 days.
• Parliament approves the Union Budget, grants-in-aid, supplementary demands for grants, and
all taxation policies.
• Parliament controls the Consolidated Fund of India (all revenues, loans), the Contingency Fund
of India, and the Public Account of India.

3. Executive (Control) Powers

• The Council of Ministers is collectively responsible to the Lok Sabha — the essence of
parliamentary democracy.
• Parliament controls the executive through: Question Hour (oral and written questions), Zero
Hour (urgent public matters), Adjournment Motion, Calling Attention Motion, and the No-
Confidence Motion.
• A No-Confidence Motion, if passed, compels the government to resign.

4. Judicial Powers
• Parliament can impeach the President (Article 61), Vice President (Article 67), and remove
judges of the Supreme Court (Article 124) and High Courts (Article 218).
• Parliament can punish for contempt and breach of privilege of its own members.

5. Electoral Powers
• Members of both Houses participate in the election of the President of India through the
Electoral College.
• Members of both Houses elect the Vice President of India.
• Lok Sabha elects its Speaker and Deputy Speaker; Rajya Sabha elects its Deputy Chairman.

6. Constitutional Amendment Powers

• Under Article 368, Parliament alone has the power to amend the Constitution by special majority
(2/3rd of members present and voting + absolute majority of total membership).
• Some provisions require ratification by at least half the State Legislatures in addition (e.g.,
election of President, distribution of legislative powers).

7. Other Powers
• Parliament can create new States, alter State boundaries, names, or areas under Article 3.
 • Parliament controls all three Emergency provisions: National Emergency (Article 352),
President's Rule (Article 356), Financial Emergency (Article 360).
• Parliament can establish All-India Services and set their conditions of service.

C. What Thinkers Have Said — Union Legislature

“Parliament is not a congress of ambassadors from different and hostile interests, but a
deliberative assembly of one nation, with one interest — that of the whole.” — Edmund
Burke, Speech to the Electors of Bristol (1774)
Burke's idea of Parliament as a deliberative body, not merely a representative one, finds resonance in
the Indian Parliament's role in shaping national policy beyond mere constituency interests.
“The strength of Parliament lies not in its ability to govern, but in its ability to make the
government accountable.” — Jawaharlal Nehru (Speech in Constituent Assembly,
1949)
Nehru stressed that the heart of India's parliamentary democracy is not executive efficiency alone but
the answerability of the executive to the elected legislature.
“A Parliament without effective opposition is like an army without a general.” — Granville
Austin, The Indian Constitution: Cornerstone of a Nation
Austin's classic study of the Indian Constitution emphasised the critical role of opposition parties in
making Parliament a genuinely democratic institution.
“The Cabinet system was chosen for India because it provided a union of legislative and
executive powers that would be responsive and responsible to the people.” — Dr. B.R.
Ambedkar (Constituent Assembly Debates, November 4, 1948)
Ambedkar justified the parliamentary model precisely because it ties the executive directly to the
legislature, making accountability institutional rather than personal.
“The role of Parliament is not merely to enact laws but to educate and inform public opinion,
and to ventilate public grievances.” — John Stuart Mill, Considerations on
Representative Government (1861)
Mill's classic liberal theory of Parliament as an arena of public deliberation — not just legislation —
shaped the Indian founders' vision of Parliament as a 'grand inquest of the nation.'
“Democratic institutions are never done — they are, like the living tissue of the human body,
always in the process of becoming.” — Woodrow Wilson
This reflects the evolving nature of Indian Parliament, which has been continuously adapting through
constitutional amendments and procedural reforms.
2.2 Union Executive: Position and Powers of the
President and Prime Minister
The Union Executive is the machinery through which the real governance of India is carried out. It
comprises the President, Vice President, Prime Minister, and the Council of Ministers. Understanding
its structure is fundamental to understanding Indian democracy.

A. The President of India — Constitutional Head

1. Position and Nature of the Office
• The President is the constitutional head (de jure executive) of India — the First Citizen of the
country.
• In practice, the President is a nominal/ceremonial head. Real executive power vests in the
Council of Ministers headed by the Prime Minister.
• The President acts on the aid and advice of the Council of Ministers in virtually all matters
(Article 74). The 44th Amendment (1978) made this binding — the President must act on this
advice.
• The President is the Supreme Commander-in-Chief of all the armed forces of India.

2. Election of the President

• Elected indirectly by an Electoral College consisting of: (a) Elected members of both Houses of
Parliament, and (b) Elected members of all State Legislative Assemblies (Vidhan Sabhas) and
UT assemblies.
• Method of election: Single Transferable Vote (proportional representation) — ensures the value
of votes from different states is uniform and weighted.
• Nominated members of Parliament and Legislative Councils do NOT participate in Presidential
election.

3. Term, Qualifications, and Removal

• Term: 5 years from the date of assuming office. Can be re-elected any number of times.
• Qualifications: Must be a citizen of India; at least 35 years of age; qualified to be a member of
the Lok Sabha; must not hold any office of profit.
• Removal: Through the process of impeachment under Article 61 for 'violation of the
Constitution.' Requires special majority (2/3rd) of total membership of whichever House initiates,
and then 2/3rd of the other House.

4. Powers of the President

Executive Powers (Articles 53, 77):
• All executive actions of the Government of India are taken in the name of the President.
• Appoints the Prime Minister (leader of majority in Lok Sabha); on PM's advice appoints Cabinet
Ministers.
• Appoints: Governors of States, Chief Justice and Judges of Supreme Court & High Courts, CAG
(Comptroller and Auditor General), Attorney General of India, Election Commissioners, UPSC
Chairman & Members, Ambassadors/High Commissioners.
• Can ask the Council of Ministers to reconsider its advice (once), but must accept the revised
advice.
Legislative Powers (Articles 79-123):
• Summons and prorogues both Houses of Parliament; dissolves the Lok Sabha on PM's advice.
• Nominates 12 members to Rajya Sabha (persons of eminence in art, literature, science, social
service).
• Nominates 2 Anglo-Indian members to Lok Sabha if the community is not adequately
represented (this provision was abolished by the 104th Constitutional Amendment, 2020).
• Gives assent to Bills — can give assent, withhold assent, or return (non-Money) Bills once for
reconsideration.
• Issues Ordinances under Article 123 when Parliament is not in session — has the force of law
but must be laid before Parliament and ceases after 6 weeks of reassembly.
• Addresses both Houses of Parliament at the commencement of the first session after each
general election and after each Budget.
Financial Powers:
• Money Bills can be introduced only on the President's prior recommendation (Article 117).
• The Annual Budget is presented to Parliament in the name of the President.
• Controls the Contingency Fund of India — advances can be made from it to meet unforeseen
expenditure.
• No demand for a grant can be made except on the recommendation of the President.
Judicial Powers (Article 72):
• Can grant pardon, reprieve, respite, or remission of punishment to persons convicted of any
offence against any Central Law.
• Can commute a death sentence — this power has been subject to significant judicial scrutiny.
• Appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
Emergency Powers — Three Types:
• National Emergency (Article 352): Proclamation on ground of war, external aggression, or
armed rebellion. Fundamental Rights (except Articles 20 & 21) can be suspended. Lok Sabha
can continue beyond 5-year term.
• President's Rule / State Emergency (Article 356): Imposed when a state government cannot
function in accordance with the Constitution. State government is dismissed; Governor
administers on behalf of President.
• Financial Emergency (Article 360): If financial stability or credit of India or any part thereof is
threatened. Can direct States to observe financial propriety.

B. What Thinkers Have Said — The President

“The President of India is more an institution than a person. The office is the visible symbol
of the unity and integrity of the nation.” — Dr. Rajendra Prasad, First President of India
As the first President, Dr. Prasad set a convention of a ceremonial but dignified presidency that stays
above party politics.
“The President occupies the same position as the King under the English Constitution. He is
the head of the State but not the head of the Executive.” — Dr. B.R. Ambedkar
(Constituent Assembly Debates, November 4, 1948)
Ambedkar's comparison to the British monarch is crucial — it clarifies that the Indian President's role is
primarily constitutional and ceremonial, with real power in the Cabinet.
 “A constitutional head is not a mere rubber stamp. The President has the right to be
consulted, to encourage, and to warn. These are not trivial powers.” — Walter Bagehot
(adapted to Indian context by scholars)
Bagehot's famous description of the British monarch's rights was invoked by Indian constitutional
scholars to argue that the President retains significant discretionary influence even within constitutional
limits.
“Emergency provisions in the Constitution are in the nature of a safety valve but they should
not be used as a normal instrument of governance.” — Dr. K.M. Munshi, Member,
Constituent Assembly
Munshi's warning about Emergency powers has proven prescient — the misuse of Article 356
(President's Rule) has been a major point of criticism and judicial intervention (S.R. Bommai case,
1994).
“A President who is merely a constitutional figurehead is still a President who embodies the
aspirations of 140 crore Indians. That symbolic weight is power of a different kind.” —
Granville Austin, Working a Democratic Constitution

C. The Prime Minister of India — Real Executive Authority

1. Position and Importance
• The Prime Minister (PM) is the de facto executive head — the real repository of executive power
in India's parliamentary democracy.
• The PM is the Head of Government, Chief Advisor to the President, Leader of the Council of
Ministers, and Leader of the Lok Sabha (if a member of it).
• The PM acts as the bridge between the Cabinet and the President — communicating all
decisions of the Cabinet to the President (Article 78).
• Ivor Jennings famously called the British PM (and by extension the Indian PM) 'the keystone of
the Cabinet arch' — the PM holds the entire governmental structure together.

2. Appointment and Term

• Appointed by the President — but by convention, the President must appoint the leader of the
party/coalition that commands majority in Lok Sabha.
• No fixed term — the PM stays in office as long as he/she commands the confidence of the Lok
Sabha.
• Can be removed by a vote of no-confidence in the Lok Sabha.
• In case of a hung Parliament (no clear majority), the President has discretion in inviting a leader
to form government and prove majority on the floor of the House.

3. Powers of the Prime Minister

Executive Powers:
• Heads the Council of Ministers — allocates portfolios, reshuffles the Cabinet, and can
recommend dismissal of any minister.
• A minister's continuation in office is subject entirely to the Prime Minister's pleasure — making
the PM the most powerful figure in the executive.
• Exercises general superintendence and coordination over all government departments through
the Cabinet Secretariat and PMO (Prime Minister's Office).
 • Can establish Cabinet Committees, Groups of Ministers (GoMs), and Empowered Groups of
Ministers (EGoMs) for specific policy areas.
Legislative Powers:
• Advises the President on summoning and proroguing Parliament and dissolving the Lok Sabha.
• Leads the government's legislative business in Parliament — introduces major Bills, policy
statements, and budget.
• Sets the legislative agenda and floor management of the ruling party/coalition.
Financial Powers:
• Plays the central role in budget preparation — the Ministry of Finance works under the overall
direction of the PM.
• Takes key decisions on taxation policy, government spending priorities, and economic reforms.
Foreign Policy and Defence:
• Represents India at the highest level in international forums — UN, G20, BRICS, SAARC,
bilateral summits.
• Takes all key decisions on diplomatic relations, foreign treaties, and defence policy.
• Chairs the Cabinet Committee on Security (CCS) — the apex body for national security
decisions.
Power over Bureaucracy:
• Controls the appointment and transfer of senior IAS/IPS officers through the Appointments
Committee of the Cabinet (ACC), which the PM chairs.
• The PMO under the Principal Secretary/National Security Advisor coordinates all government
activity.

D. What Thinkers Have Said — The Prime Minister

“The Prime Minister is the keystone of the Cabinet arch. He is primus inter pares — first
among equals — but his is a primacy that matters enormously.” — Ivor Jennings, Cabinet
Government (1936)
Jennings' famous formulation captures the dual nature of the PM — formally equal to Cabinet
colleagues, yet functionally supreme. This Latin concept 'primus inter pares' is central to understanding
the Indian PM's constitutional position.
“The office of the Prime Minister has grown from being a coordinator of Cabinet business to
becoming the central pivot of the entire governmental machinery.” — K.M. Panikkar,
Indian Political Thought
Panikkar's observation charts the evolution of the PM's office in India — from a collective Cabinet
model under Nehru to a more presidentialised style of governance in later decades.
“The power of the Prime Minister is the power to persuade. A Prime Minister who has to
resort to formal authority has already lost the battle.” — Richard Neustadt (adapted to
Parliamentary context)
This insight from American political science applies powerfully to India — the most effective Prime
Ministers (Nehru, Vajpayee, Manmohan Singh in coalition) governed through political persuasion and
consensus-building within the Cabinet and coalition.
“In India, the Prime Minister is not merely the leader of the party in power but the symbol of
the aspirations of a billion people. This is a responsibility that transcends party ideology.” —
Dr. Manmohan Singh, Economic Survey Address, 2004
 “Parliament can survive without a strong government, but democracy cannot survive without
a Parliament that holds the government accountable.” — Jawaharlal Nehru

E. Comparison: President vs. Prime Minister

Feature President Prime Minister
Position Constitutional / Ceremonial Real Head of Government (de
Head of State (de jure facto executive)
executive)
Election / Appointment Elected by Electoral College Appointed by President; must
(MPs + MLAs) command Lok Sabha majority
Term Fixed 5-year term No fixed term; depends on Lok
Sabha confidence
Accountability Not accountable to Parliament Directly accountable to Lok
(except through impeachment) Sabha
Executive Power Nominal; acts on advice of Real executive authority; heads
Council of Ministers Council of Ministers
Legislative Power Summons, prorogues, dissolves Leads Parliament; sets
Parliament; nominates legislative agenda; advises on
members; assents to Bills summoning & dissolution
Emergency Powers Formally declares all three types Advises President on
of Emergencies Emergency; exercises real
power during Emergency
Foreign Policy Represents India formally at Takes real decisions on
state level diplomacy and foreign policy
Removal Impeachment under Article 61 No-Confidence Motion in Lok
Sabha
2.3 Supreme Court of India: Composition, Jurisdiction
and Working
The Supreme Court of India is the apex judicial authority and the final interpreter of the Constitution. It
is described as the 'Guardian of the Constitution' and the 'Protector of Fundamental Rights.'
Established under Part V, Chapter IV (Articles 124-147), it sits in New Delhi.

A. Composition of the Supreme Court

1. Number of Judges
• Originally the Supreme Court had 1 Chief Justice + 7 other Judges (1950).
• Current strength: Chief Justice of India (CJI) + 33 other Judges = 34 Judges in total (enhanced
by Parliament over the years).
• Parliament has the power to increase or decrease the number of judges (Article 124(1)).

2. Appointment of Judges
• Judges are appointed by the President of India on the advice of the Collegium System.
• Collegium System (non-constitutional, evolved through judicial interpretation): Consists of the
CJI + 4 senior-most judges of the Supreme Court.
• The Collegium recommends names for appointment. Though there is no constitutional provision
for the Collegium, the Supreme Court itself established this system through three landmark
'Judges Cases': S.P. Gupta Case (1981), Supreme Court Advocates-on-Record Association v.
Union of India (1993), and Special Reference Case (1998).
• The government has primacy in the 1st Judges Case (1981), but the judiciary gained primacy
through the 2nd (1993) and 3rd (1998) Judges Cases.

3. Qualifications to Become a Supreme Court Judge

• Must be a citizen of India.
• Must have been a judge of one or more High Courts for at least 5 years, OR
• Must have been an advocate of one or more High Courts for at least 10 years, OR
• Must be a distinguished jurist in the opinion of the President.

4. Tenure and Removal

• Tenure: Retires at the age of 65 years.
• Removal: Can be removed only through the process of impeachment under Article 124(4) on
ground of 'proved misbehaviour or incapacity.'
• Removal requires: (a) A motion passed by special majority (2/3rd of members present and
voting + absolute majority of total membership) in BOTH Houses of Parliament; (b) After an
inquiry by a judicial committee.
• No judge of the Supreme Court has ever been successfully removed through impeachment in
India.
B. Jurisdiction of the Supreme Court
The Supreme Court exercises five broad categories of jurisdiction:

1. Original Jurisdiction (Article 131)

Cases that come directly to the Supreme Court without going through any lower court. Includes:
• Disputes between the Government of India and one or more States.
• Disputes between two or more States.
• Disputes between the Government of India and States on one side against other States.
Note: This jurisdiction is exclusive — High Courts cannot hear such inter-governmental disputes.

2. Appellate Jurisdiction (Articles 132-136)

The SC hears appeals from High Courts and other Tribunals in:
• Civil Cases (Article 133): Cases involving substantial questions of law.
• Criminal Cases (Article 134): Cases involving death sentence or imprisonment of 10 or more
years.
• Constitutional Cases (Article 132): Cases involving a substantial question of law as to the
interpretation of the Constitution.
• The SC may grant a certificate of appeal if the High Court certifies that the case involves a
substantial question of law.

3. Advisory Jurisdiction (Article 143)

• The President can refer any question of law or fact that is of public importance to the Supreme
Court for its opinion.
• The Court may give its opinion, but this opinion is NOT binding on the President or on the
parties.
• Example: The President sought the SC's advisory opinion on the Ram Janmabhoomi dispute
(1994).

4. Writ Jurisdiction (Article 32)

• The Supreme Court can issue writs for the enforcement of Fundamental Rights. Dr. Ambedkar
called Article 32 'the heart and soul of the Constitution.'
• The five types of writs are:
• Habeas Corpus ('produce the body'): Issued to release a person illegally detained or
imprisoned. No person can be held in custody without justification.
• Mandamus ('we command'): Issued to a public official, authority, or court directing them to
perform a public duty they have refused or failed to perform.
• Prohibition: Issued by a superior court to a subordinate court/tribunal directing it to stop
proceeding in a case beyond its jurisdiction.
• Certiorari: Issued to quash the order of an inferior court/tribunal for exceeding jurisdiction or
error of law apparent on the face of record.
• Quo Warranto ('by what authority'): Questions the legal basis of a person's claim to hold a public
office. Prevents illegal occupation of public office.

5. Special Leave Petition / Discretionary Jurisdiction (Article 136)

• The Supreme Court may, in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence, or order in any cause or matter passed by any court or tribunal
in India (except courts/tribunals constituted by or under any law relating to the Armed Forces).
 • This is the widest appellate jurisdiction of the SC and is used as a residuary power.
• The SC is under no obligation to grant SLP — it exercises this power sparingly.

6. Review Jurisdiction (Article 137)

• The Supreme Court has the power to review its own judgments and orders.
• Review petitions must be filed within 30 days from the date of judgment.
• The scope of review is narrow — generally limited to error apparent on the face of record.

7. Curative Petition
• A curative petition is the last legal remedy available after a review petition is dismissed.
• Introduced by the Supreme Court in Rupa Ashok Hurra vs. Ashok Hurra (2002) to prevent
abuse of process and to cure grave miscarriage of justice.

C. Working of the Supreme Court

1. Structure of the Court — Benches
• Division Bench: Consists of 2 or 3 judges — handles regular cases.
• Full Bench: Consists of 3 or more judges.
• Constitution Bench: Consists of minimum 5 judges — hears cases involving substantial
questions of law relating to interpretation of the Constitution (Article 145(3)).
• Larger Benches (7, 9, or 11 judges) may be constituted for matters of constitutional importance
— e.g., the 9-judge bench in the Sabarimala reference (2019).

2. Judicial Review — The Heart of the SC's Power

• Judicial Review is the power of the Supreme Court (and High Courts) to examine the
constitutional validity of legislative enactments and executive actions.
• If any law or executive action violates the Constitution (especially Fundamental Rights or the
Basic Structure), the SC can declare it unconstitutional and void.
• Article 13 explicitly provides: laws inconsistent with Fundamental Rights are void.
• The doctrine of 'Basic Structure' (Kesavananda Bharati Case, 1973) — the SC holds that even
constitutional amendments cannot destroy the basic structure of the Constitution.

3. Public Interest Litigation (PIL)

• A major innovation of the Indian Supreme Court since the 1980s under Justices P.N. Bhagwati
and V.R. Krishna Iyer.
• PIL enables any citizen or public-spirited person to approach the SC directly (even by a
letter/postcard) if a matter of public interest is at stake.
• PIL has been used to protect bonded labourers, prisoners, environment, child rights, and to
check corruption and ensure transparency.
• However, there is growing criticism of 'PIL abuse' — use of PILs for publicity or personal/political
gains.

4. Important Landmark Judgments

Case & Year Significance
Shankari Prasad Case (1951) Parliament can amend Fundamental Rights under
 Article 368.
Golaknath Case (1967) Parliament CANNOT amend Fundamental Rights
— overruled Shankari Prasad.
Kesavananda Bharati Case (1973) Established Basic Structure Doctrine —
Parliament can amend Constitution but cannot
destroy its basic structure.
Maneka Gandhi Case (1978) Expanded Article 21 — 'procedure established by
law' must be fair, just and reasonable.
Minerva Mills Case (1980) Harmony between Fundamental Rights and
DPSPs is part of Basic Structure.
S.R. Bommai Case (1994) Limits misuse of President's Rule (Art. 356) —
judicial review of Presidential proclamation is
maintainable.
Vishaka Case (1997) Laid down guidelines against sexual harassment
at workplace (before POSH Act 2013).
I.R. Coelho Case (2007) Laws in 9th Schedule are subject to Fundamental
Rights and Basic Structure review.
Right to Privacy Case (2017) Privacy is a Fundamental Right under Article 21
— 9-judge bench unanimously held.

D. What Thinkers Have Said — The Supreme Court & Judiciary

“The Supreme Court is not just a Court; it is also a Constitutional Court. Its role is not merely
to decide disputes but to expound the Constitution and to ensure that no branch of
government transgresses its constitutional limits.” — Justice P.N. Bhagwati, Former Chief
Justice of India
Bhagwati, widely regarded as the 'father of PIL in India,' articulated the broader constitutional role of the
SC — moving it beyond dispute resolution to proactive constitutionalism.
“An independent judiciary is the only safeguard of the liberties of the people. Without it,
rights are mere paper guarantees.” — Dr. B.R. Ambedkar (Constituent Assembly
Debates, November 4, 1948)
Ambedkar's insistence on judicial independence was rooted in his lived experience of caste oppression
— he saw the courts as the last refuge of the marginalised against state and social tyranny.
“The Constitution is what the judges say it is, and the judiciary is the safeguard of liberty and
of property under the Constitution.” — Charles Evans Hughes, Former Chief Justice,
U.S. Supreme Court
This statement from the American context resonates deeply in India — the Indian SC has been
arguably even more activist than its American counterpart in interpreting and expanding constitutional
guarantees.
“Judicial review is a counter-majoritarian check — it is the device by which a democratic
Constitution protects minority rights against the tyranny of the majority.” — Alexander
Hamilton, Federalist No. 78 (1788)
Hamilton's Federalist Paper No. 78 is foundational to the theory of judicial review globally. The Indian
SC drew on this tradition consciously, especially in the Kesavananda Bharati case.
 “The Supreme Court is the living voice of the Constitution. It breathes life into the dry bones
of constitutional text through interpretation.” — Justice V.R. Krishna Iyer, Former Judge,
Supreme Court of India
Krishna Iyer, known for his humanistic jurisprudence, advocated a 'purposive interpretation' of the
Constitution — one that serves its transformative social goals rather than its literal text.
“Courts of Justice do not make law — they declare what the law always has been. But in
India's constitutional context, the Supreme Court does more: it makes the Constitution a
living and evolving document.” — Granville Austin, Working a Democratic Constitution
(1999)
“In the name of the people, the Court sometimes says what the people might not want to
hear — and that is the truest service of an independent judiciary.” — Nani Palkhivala,
Indian jurist and Constitution expert
Palkhivala, who argued the Kesavananda Bharati case, defended judicial independence as a counter to
populist majoritarianism — a perennially relevant argument in Indian democracy.

Quick Summary Table — Unit II Institutions

Institution Type Head Key Power Key Article
Lok Sabha Lower House of Speaker Money Bills; No- Art. 75, 108-110
Parliament Confidence
Motion
Rajya Sabha Upper House of Vice President Represents Art. 80, 249
Parliament (Chairman) States; cannot be
dissolved
President Constitutional Self (elected) Emergency Art. 52-62, 352,
Head of State Powers; 356, 360
Appointment
powers; Assent to
Bills
Prime Minister Real Head of Self (appointed) Heads Cabinet; Art. 74-75
Government advises
President;
controls policy
Supreme Court Apex Judicial Chief Justice of Judicial Review; Art. 124-147
Body India Fundamental
Rights
enforcement; PIL

END OF UNIT II — WORKING OF INSTITUTIONS

Prepared by SOFI COMPUTERS | PLS222J — Political Science | 2nd Semester 2024