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Constitutional Organs of Indian Government

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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0% found this document useful (0 votes)
20 views4 pages

Constitutional Organs of Indian Government

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.
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

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.

Common questions

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The President of India holds legislative powers such as summoning or dissolving the Parliament, addressing the first session, and granting assent to bills, along with the ordinance power under Article 123 . In contrast, a State Governor can summon, prorogue, and dissolve the State Legislature, grant assent to state bills, and issue ordinances under Article 213 . While both roles involve legislative procedures, the President's powers function at the national level, with the Governor's focused on state affairs .

The Indian Parliament is a bicameral legislature consisting of the President, Rajya Sabha (Council of States), and Lok Sabha (House of the People). The President is not a member but an integral part of Parliament, while the Rajya Sabha has a maximum strength of 250 and the Lok Sabha up to 552 members . Unlike the UK, where Parliament holds absolute sovereignty, Indian parliamentary sovereignty is limited by a written Constitution, a federal structure, and judicial review, as exemplified by the Doctrine of Basic Structure established in the Kesavananda Bharati case, 1973 .

The Governor acts as the nominal head of a State, with powers such as appointing the Chief Minister, summoning and dissolving the State Legislature, and the ordinance power (Article 213). The Governor's office is often controversial due to its use by the central government to exert influence over State politics, leading to tensions within the federal structure of governance in India .

Parliamentary Privileges, governed by Articles 105 and 194, include the right to freedom of speech within Parliament, meaning members can speak freely without getting sued or charged for defamation . This privilege ensures parliamentary debates and discussions remain uninhibited, fostering transparency and accountability. However, these privileges remain uncodified by law, retaining a traditional nature akin to a "secret recipe" that allows Parliament to frame its own understanding and application .

The doctrine of Basic Structure is a judicial principle that limits the amending power of the Indian Parliament under Article 368, ensuring that any change does not alter the fundamental framework of the Constitution. This doctrine was established by the Supreme Court in the Kesavananda Bharati case, 1973, and underscores that while Parliament has extensive legislative powers, it cannot amend the Constitution in such a way that its core principles are destroyed .

The Supreme Court of India, as the guardian of the Constitution, exercises original jurisdiction over disputes between the Union and States, appellate jurisdiction on civil, criminal, and constitutional matters, advisory jurisdiction for Presidential references, and writ jurisdiction for protecting Fundamental Rights . High Courts, while overseeing state-level matters, possess wider writ jurisdiction than the Supreme Court, allowing broader protection for legal rights beyond just Fundamental Rights. Both courts together ensure comprehensive judicial oversight, preserving the Constitution's supremacy and offering avenues for justice in varied contexts .

Judicial independence in India is safeguarded by mechanisms such as security of tenure, fixed service conditions, and a prohibition on practicing post-retirement (for Supreme Court judges). Judges are appointed via the Collegium System, where judges appoint judges, a practice evolved through judicial rulings but not enshrined in the Constitution. Despite these provisions, the system faces criticism for its lack of transparency and accountability, as highlighted by the Supreme Court's striking down of the NJAC (National Judicial Appointments Commission) through the 99th Amendment for interfering with judicial appointments .

Parliamentary privileges in India, as articulated in Article 105 for Parliament and Article 194 for State Legislatures, remain uncodified, meaning there is no formal legislative act defining them . This lack of codification allows for a flexible and adaptive framework, accommodating informal traditions and principles upheld by the Houses themselves. This can lead to ambiguity in how privileges are interpreted, potentially affecting transparency and consistency in legislative procedures. The traditional approach allows Parliament to self-regulate, preserving autonomy but also raising questions about the potential for arbitrary use and the need for clearer definitions .

The Supreme Court's writ jurisdiction, under Article 32, is specifically for enforcing Fundamental Rights, signifying its role as the primary protector of these rights . High Courts, in contrast, have broader writ jurisdiction under Article 226, which extends to both Fundamental Rights and other legal rights. This flexibility allows High Courts to address a broader range of rights-based issues, giving them a potentially wider influence in ensuring justice and upholding constitutional principles at the state level .

India's Lok Sabha, with a maximum strength of 552, is more powerful on most issues due to its direct election by universal adult franchise, and it exercises greater control over financial matters and government accountability . Rajya Sabha, the Upper House, indirectly elected by state assemblies, has a maximum strength of 250 and holds functions like revising legislation and representing state interests. However, it does not have significant power over money bills, which underscores the predominance of the Lok Sabha in the legislative process .

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