Unit-3

The Union Legislature of India, also known as the Parliament of India, is the supreme law-making body at
the national level. It is a bicameral legislature, meaning it has two houses: Lok Sabha & Rajya Sabha.

I) Lok Sabha (House of the People):

The Lok Sabha, also known as the House of the People, it is the lower house of the Parliament of
India, where the upper house is Rajya Sabha. Members of the Lok Sabha are elected by an
adult universal suffrage and a first-past-the-post system to represent their respective constituencies,
and they hold their seats for five years or until the body is dissolved by the president of India on
the advice of the union council of ministers. The house meets in the Lok Sabha chamber of
the Parliament House in New Delhi.

Part-A Basic Facts:

[Link] Feature Description

1 Type Lower House of Parliament
2 Established 1952 (first general election)
3 Total Members Maximum: 552
4 Current Strength 543 (elected members)
5 Term 5 years (can be dissolved earlier)
6 Presiding Officer Speaker of Lok Sabha
7 Location Sansad Bhavan (Parliament House), New Delhi
8 Eligibility to Vote Citizens of India aged 18 and above
1) Composition of Lok Sabha:
 530 members: Elected from States
 20 members: Elected from Union Territories.
 2 members: (nominated from Anglo-Indian community – provision removed by the 104th
Constitutional Amendment, 2019).
 Total now: 543 elected members.
2) Election Process:

 Direct election by adult citizens through universal adult suffrage

 Single-member constituencies

 First-past-the-post system: The candidate with the highest votes wins.

1
3) Qualification to become a Lok Sabha MP:
a) Citizen of India

b) Minimum 25 years of age

c) Name in the electoral rolls

d) Not disqualified under any law (like criminal conviction, insolvency, etc.).

4) Presiding Officers:

[Link] Position Name/Details

1 Speaker Elected by Lok Sabha members; controls proceedings
2 Deputy Speaker Also elected from among members
3 Leader of the House Usually, the Prime Minister
4 Leader of the Opposition From the largest opposition party
Part-B Functions and Powers of Lok Sabha:

1) Legislative Powers: The Lok Sabha shares legislative powers with the Rajya Sabha in
framing laws on subjects in the Union List and Concurrent List. Any ordinary bill can be
introduced in either house, but it must be passed by both houses to become law. However,
in case of a deadlock between the two houses, a joint sitting of Parliament is convened, and
since Lok Sabha has more members, it has a numerical advantage. Article 107 –
Introduction and passage of bills, Article 108 – Joint sitting of both Houses, Article 245 &
246 – Distribution of legislative powers between Union and States.
2) Financial Powers: The Lok Sabha holds exclusive power in financial matters:
Money Bills can only be introduced in Lok Sabha (Article 110). After passing in Lok
Sabha, the bill goes to Rajya Sabha, which can only recommend changes within 14 days—
Lok Sabha may accept or reject these suggestions. The Annual Budget (Union Budget) is
presented in Lok Sabha. It controls the government’s spending, taxation, and borrowings
through voting on grants and demands. Article 110 – Definition of Money Bill, Article 111
– President’s assent, Article 112 – Annual Financial Statement (Budget), Article 113 to 117
– Procedures related to financial bills.

2
3) Executive Powers: Lok Sabha exercises direct control over the Executive (the Council of
Ministers): The Council of Ministers is collectively responsible to the Lok Sabha (not Rajya
Sabha).

The Prime Minister and other ministers remain in office only as long as they enjoy the
confidence of the Lok Sabha. Lok Sabha can remove the Council of Ministers by passing a
No-Confidence Motion. It can also use Question Hour, Zero Hour, adjournment motions,
censure motions, etc., to hold the executive accountable. Article 75(3) – Collective
responsibility of the Council of Ministers to the Lok Sabha.
4) Constitutional Powers: Lok Sabha shares powers with Rajya Sabha in: Amendment of the
Constitution under Article 368 – both houses must pass the amendment bill by a special majority.
Election of the President and Vice President – members of Lok Sabha participate in these elections.
Approving proclamations of Emergency under Articles 352, 356, and 360. Article 54 – Election of
President, Article 66 – Election of Vice President, Article 368 – Constitutional amendments,
Articles 352, 356, 360 – Emergency provisions.
5) Judicial Powers: Lok Sabha, along with Rajya Sabha, performs certain judicial functions:
Can initiate and participate in the impeachment of the President under Article 61. Can participate
in the removal (impeachment) of judges of the Supreme Court and High Courts under Article
124(4) and Article 217. Can participate in the removal of Vice President and other constitutional
authorities. Article 61 – Procedure for impeachment of the President, Article 124(4) – Removal of
Supreme Court judges, Article 217 – Removal of High Court judges, Article 67 – Removal of Vice
President.
II) Rajya Sabha (Council of States):
The Rajya Sabha, or Council of States, is the upper house of India's Parliament, representing its
federal units. It complements the directly elected Lok Sabha by giving voice to states in the law-
making process, thereby reinforcing India's federal structure. As a permanent, indissoluble body,
the Rajya Sabha ensures governmental continuity and protects regional interests by providing a
forum for state perspectives on national legislation, reflecting a constitutional balance between
national unity and regional diversity.
Part-A Basic Facts
1) Qualifications to Become a Rajya Sabha MP (Article 84)
 Citizen of India
 Minimum age 30 years

3
 Other qualifications as prescribed by Parliament.

2) Presiding Officers

[Link] Position Role Article

1 Chairman (Vice President of India) Presides over Rajya Sabha Article 89(1)
2 Deputy Chairman Elected from Rajya Sabha Article 89(2)
3) Composition of Rajya Sabha:

[Link] Category Number

1 Elected by States 229
2 Elected by Uts 9
3 Nominated by President 12
4 Total Maximum 250
5 Current Strength (2025) 245
Part-B Functions and Powers of Rajya Sabha:

1) Legislative Functions: The Rajya Sabha shares legislative powers with the Lok Sabha.
Both Houses are involved in the passing of ordinary laws related to subjects in the Union
List and Concurrent List. An ordinary bill can be introduced in either house (Rajya Sabha or
Lok Sabha), and it must be passed by both to become law. If there's a disagreement
between both Houses, a joint sitting of Parliament is held to resolve the matter. Article 107
– Introduction and passage of bills. Article 108 – Joint sitting of both Houses.
2) Financial Functions: Rajya Sabha has limited powers in financial matters. A Money Bill
can only be introduced in the Lok Sabha and not in Rajya Sabha. Once passed by Lok
Sabha, a Money Bill is sent to Rajya Sabha. Rajya Sabha can recommend changes within
14 days, but Lok Sabha may accept or reject these recommendations. If Rajya Sabha does
not return the bill within 14 days, it is deemed passed by both Houses. Article 110 –
Definition of a Money Bill. Article 111 – Assent of the President.
3) Constitutional Functions: Rajya Sabha plays a role in the amendment of the Constitution
and in the election and removal of constitutional authorities. Amendments to the

4
 Constitution can be initiated in either House and must be passed by both Houses by a
special majority. Rajya Sabha participates in the election of the President and Vice
President. It also shares power in the approval of emergency proclamations.

Article 54 – Election of the President, Article 66 – Election of the Vice President, Article
368 –Amendment of the Constitution, Articles 352, 356, 360 – Approval of emergency
proclamations.
4) Judicial Functions: The Rajya Sabha has judicial powers in matters involving:
Impeachment of the President (must be passed by both Houses with a two-thirds majority).
Removal of Vice President (Rajya Sabha initiates; Lok Sabha agrees). Impeachment of
Judges of the Supreme Court and High Courts. Article 61 – Procedure for impeachment of
the President. Article 67 – Removal of Vice President, Article 124(4) – Removal of
Supreme Court judges, Article 217 – Removal of High Court judges.
5) Special Powers (Exclusive to Rajya Sabha): Rajya Sabha has two exclusive special
powers not available to the Lok Sabha: (a) Legislation on State List in National Interest
Rajya Sabha can pass a resolution by a two-thirds majority authorizing Parliament to make
laws on subjects in the State List, if it is deemed necessary in the national interest. This is a
special legislative power that allows the Centre to intervene in state subjects temporarily.
Article 249 (b) Creation of All-India Services: Rajya Sabha can pass a resolution to create
new All-India Services (like IAS, IPS) in the national interest. Parliament can then make
laws regulating recruitment and service conditions.
Union Executive of India
The Union Executive is the highest executive authority of the Indian Government at the
national level. It is responsible for implementing laws and administering the country. The
Union Executive is defined in Part V, Chapter I of the Constitution (Articles 52 to 78).
Components of the Union Executive:

[Link] Component Description Relevant Articles

1 President Head of the State; constitutional executive authority Articles 52–62
2 Second highest office; ex-officio Chairman of
Vice President Articles 63–71
Rajya Sabha

5
 3 Prime Minister Head of the Government; real executive authority Articles 74–75
4 Ministers headed by the Prime Minister; aid and
Council of Ministers Articles 74–75
advise the President

President of India (Articles 52–62):

The President of India serves as the head of state, the first citizen, and the supreme
commander of the Indian Armed Forces. Draupadi Murmu is the current, 15th president,
assuming office on July 25, 2022. The presidential office was established with India's
constitution and republican status on January 26, 1950. Presidents are indirectly elected by
an electoral college composed of both houses of Parliament and state legislative assemblies.
While the Constitution vests executive powers in the president, these are practically
exercised by the prime minister and Council of Ministers.

Part-A Basic Facts:

1) Election of the President (Article 54 & 55): Elected by an Electoral College consisting
of: Elected members of Lok Sabha and Rajya Sabha, elected members of Legislative
Assemblies of States and Union Territories (Delhi, Puducherry, Kashmir), Elected by
proportional representation through single transferable vote. Ensures equal value of votes
between Union and States.
4) Term and Oath:
a) Term (Article 56): 5 years. He/she can be re-elected any number of times.

b) Oath/Affirmation (Article 60): Administered by the Chief Justice of India.

5) Qualifications to Become President (Article 58): He/she must be a citizen of India.

He/she must be at least 35 years old, he/she must be qualified to be a member of Lok Sabha.
He/she must not hold any office of profit under government (except President, Vice
President, Governor, or Minister).
6) Salary & Pension: The President of India earns a monthly salary of ₹5 lakh and receives
numerous benefits, including free housing, travel, medical care, and an official
residence. After retirement, they are entitled to a pension of ₹1.5 lakh per month, rent-free
accommodation, free travel with a companion, and staff support for life.

6
7) Grounds for Removal (Impeachment) (Article 61): He/she can be impeached for
violation of the Constitution, requires a two-thirds majority in both Houses of Parliament,
Detailed impeachment process involving investigation and resolution .

Part-B Powers and Functions of Indian President:

1) Executive Powers (Articles: 53, 74, 75, 76, 77): He can appoint the Prime Minister,
Council of Ministers, Governors of States, Chief Justice and Judges of Supreme Court and
High Courts, Election Commissioners, Comptroller & Auditor General, Attorney General,
Supreme Commander of the Defence Forces etc.
2) Legislative Powers Articles: (85, 86, 87, 111, 123): he can exercise Summons, prorogues,
and dissolves the Lok Sabha, delivers inaugural address to both Houses (Article 87), Gives
assent to bills passed by Parliament (Article 111), Can return non-money bills for
reconsideration, can promulgate Ordinances when Parliament is not in session (Article
123).
3) Financial Powers (Articles: 110, 112, 117): The Annual Budget (Union Budget) to be laid
before Parliament (Article 112), No Money Bill can be introduced without President’s prior
approval (Article 110).
4) Judicial Powers (Article: 72): He can grant pardon, reprieve, respite, or remission of punishment,
can suspend, remit or commute sentences, especially in death penalty cases.
5) Emergency Powers: The President plays a central role during emergencies: Type of Emergency
Article Description, National Emergency Article 352: Due to war, external aggression, or armed
rebellion, State Emergency Articles 52–62: President’s Rule Article 356 Failure of constitutional
machinery in a state, Financial Emergency Article 360: Due to financial instability.

Vice President of India:

The Vice President of India is the second-highest constitutional office after the president and first
in the line of succession. He/she is the Chairman of the Rajya Sabha and rank 2nd in the Order of
Precedence of India. The vice president is elected indirectly by an electoral college, using
proportional representation and secret ballot. They also serve as the Chancellor of Panjab

7
 University, University of Delhi, and Pondicherry University. The position holder also serves as
President of Indian Institute of Public Administration.

Part-A Basic Facts:

1) Election & Tenure: Elected by the members of both Houses of Parliament (Lok Sabha & Rajya
Sabha) in accordance with the system of proportional representation by means of a single
transferable vote.

Holds office for 5 years, but continues until a successor assumes charge. Can be re-elected for any
number of terms. However, the deputy chairman of the Rajya Sabha can perform the vice
president's duties as the chairman of the Rajya Sabha in such an event.
2) Qualifications: To be Vice President, a person must: Be a citizen of India. Be at least 35 years of
age. Be qualified to be elected as a member of the Rajya Sabha (Council of States). Must not hold
any office of profit under the Government of India or of any state.
3) Removal(Article 67(b): The Constitution allows the Rajya Sabha to remove the vice president
through a resolution passed by an effective majority and agreed by the Lok Sabha with a simple
majority. However, this requires 14 days' notice and cannot be challenged in court. The Supreme
Court can investigate disputes related to vice president election, but no specific grounds are
mentioned.
4) Salary and pension: The vice president of India does not receive a salary in the same capacity as
the president, receiving a monthly salary of ₹400,000 (US$4,700). They are entitled to free
residence, medical, travel, and other facilities. The constitution grants them the president's salary
and privileges. The pension for the vice president is 50% of the salary.
Part-B Powers and Functions of the Vice President of India:
1) Ex-officio Chairman of the Rajya Sabha (Council of States): The Vice President serves as the
ex-officio Chairman of the Rajya Sabha, which is the upper house of Parliament. In this capacity,
the Vice President presides over its meetings, ensuring smooth legislative proceedings and
maintaining parliamentary decorum. The powers and functions as Chairman of the Rajya Sabha are
similar to those of the Speaker of the Lok Sabha (lower house).
2) Acting President of India: The Vice President acts as the President if the President's office
becomes vacant due to resignation, removal, death, or otherwise. The Vice President discharges the
duties of the President during the President's absence due to illness, travel, or any other cause. The
Vice President can act as President for a maximum of six months, during which a new President

8
 must be elected. During the period of acting as President, the Vice President does not perform the
duties of the Chairman of the Rajya Sabha.
3) Constitutional Role: The Vice President does not hold any other office of profit. He cannot be a
member of either House of Parliament or any state legislature once elected Vice President; if so,
they must vacate their seat in the legislature. The Vice President can be removed from office only
by a resolution passed by the Rajya Sabha and agreed to by the Lok Sabha with proper notice.

Prime Minister of India:

The Prime Minister of India serves as the head of government, holding executive authority
along with their chosen Council of Ministers, even though the President is the nominal
head. The Prime Minister must be a member of either house of the Indian Parliament and is
responsible to the Lok Sabha. Appointed by the President, the Prime Minister ranks third in
the Order of Precedence and must maintain the confidence of the majority of Lok Sabha
members. They also control the selection, dismissal, and allocation of posts for members of
the Union Council of Ministers.
Part-A Basic Facts Prime Minster of India
1) Constitutional framework and position of Prime Minister (Article 74 & 75): The
Constitution of India designates the President as the head of state and the Prime Minister
as the head of government, leading the Council of Ministers which aids and advises the
President in executing constitutional functions. While executive powers are vested in the
President (Article 53), they are exercised in accordance with the advice of the Council of
Ministers headed by the Prime Minister (Article 74). The President appoints the Prime
Minister and other ministers on the latter's advice (Article 75). The President's duties are
largely ceremonial when the constitution and rule of law are respected by the cabinet and
legislature. The Prime Minister holds executive power and is pivotal to the government,
especially with a majority in the Lok Sabha, though mentioned in only a few
constitutional articles.
2) Eligibility: (According to Article 84 of the Constitution of India): To qualify as
Prime Minister of India, one must be a citizen, a member of either the Lok Sabha

9
 (minimum age 25) or Rajya Sabha (minimum age 30), or become a member within six
months of selection. Additionally, the individual must not hold any office of profit under
the government and must vacate any positions in private or government companies upon
assuming the role.
3) Appointment: The President appoints the Prime Minister. By convention, the PM is
usually the leader of the party (or coalition) holding a majority in the Lok Sabha.
4) Term: He/she holds office as long as he/she enjoys the confidence of the Lok Sabha. No
fixed term; can serve multiple terms.

Part-B Role and power of the Prime Minister

1) Executive powers: The Prime Minister of India leads the government, appointed by the
President based on Lok Sabha majority support. The Prime Minister nominates ministers,
forms the Cabinet, and advises the President on government work distribution. They are
responsible for parliamentary sessions and answering MPs' questions, often heading key
departments like Personnel, Public Grievances and Pensions, NITI Aayog, and Space,
nuclear commend authority. Appointments committee of the cabinet. The Prime Minister
represents India internationally and addresses the nation. Under Article 78 of the
Constitution, they are the official conduit for communication between the Union Cabinet
and the President.
2) Administrative and appointment powers: The Prime Minister (PM) of India plays a
central role in various appointments and postings. The PM recommends names to the
President for positions including Chief Election Commissioner, Election Commissioners,
Comptroller and Auditor General, UPSC members, Chief Information Commissioner,
Finance Commission members, Attorney General, and Solicitor General. As the chairperson
of the Appointments Committee of the Cabinet (ACC), the PM, on the advice of the Senior
Selection Board, determines the postings of top civil servants, military leaders, and Indian
Police Service officers. The PM also controls the Indian Administrative Service, Public
Enterprises Selection Board, and the Central Bureau of Investigation (CBI), though the CBI
Director's selection involves a broader committee including the opposition leader and the
Chief Justice. The PM's influence on judicial appointments is limited, as these are made by

10
 a collegium of judges, although the executive can request reconsideration of a
recommended name.
3) Legislative powers: The prime minister acts as the leader of the house of the chamber of
parliament—generally the Lok Sabha—he belongs to. In this role, the prime minister is
tasked with representing the executive in the legislature, announces important legislation,
and is further expected to respond to the opposition's concerns. Article 85 of the Indian
constitution confers the president with the power to convene and end extraordinary sessions
of the parliament; this power, however, is exercised only on the advice of the prime minister
and their council, so in practice the prime minister does exercise some control over affairs
of the parliament.

4) Financial Powers: The Prime Minister’s financial powers are exercised mainly through
leadership in budget formulation, financial legislation, allocation of resources, and economic
policy-making, making him/her the ultimate authority in guiding India’s financial governance.
5) Foreign Policy Powers: The Prime Minister is the chief spokesperson of the nation in
international affairs. He/she represents India at global forums, negotiates and signs treaties
and agreements (with the President’s formal approval), and formulates foreign policy in
consultation with the Cabinet. The PM also builds diplomatic relations, promotes trade and
security cooperation, and ensures that India’s external policy aligns with its national
interests.
6) Emergency powers: During emergencies, the Prime Minister plays a central role in guiding
national decisions, even though the formal powers are vested in the President. In the case of a
National Emergency under Article 352, the Prime Minister heads the Cabinet and advises the
President to proclaim an emergency if the nation faces war, external aggression, or armed
rebellion. Similarly, under Article 356, the Prime Minister, through the Cabinet, recommends the
imposition of President’s Rule in a state when its government is unable to function according to
constitutional provisions. In financial matters, under Article 360, the Prime Minister leads the
Cabinet in advising the President to declare a Financial Emergency if the stability or credit of the
country is threatened. Thus, the Prime Minister becomes the key decision-maker in ensuring
national security, political stability, and financial order during crises.

11
 Union Council of Ministers

The Union Council of Ministers is the chief executive body of the Government of India, headed by the
Prime Minister. It functions under the framework of Articles 74 and 75 of the Constitution. The Union
Council of Ministers, headed by the Prime Minister, is the real executive authority in India. It formulates
policies, controls administration, and remains accountable to the Lok Sabha, making it the cornerstone of
India’s parliamentary system.

Part-A Basic Facts:

1) Constitutional Framework

a) Article 74(1): There shall be a Council of Ministers with the Prime Minister at the head, to aid and advise
the President, who shall act in accordance with such advice.
b) Article 75: The Prime Minister is appointed by the President. Other ministers are appointed by the
President on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the
Lok Sabha.

c) Article 77: All executive actions of the Government of India are taken in the name of the President.

2) Composition of the Council of Ministers: The Council of Ministers has a three-tier structure:

a) Cabinet Ministers – Senior ministers heading important ministries (Defence, Finance, Home, External
Affairs). They form the core decision-making body.
b) Ministers of State (Independent Charge) – Handle specific departments independently, but are not part
of the Cabinet.
c) Ministers of State / Deputy Ministers – Assist Cabinet Ministers in their work.

Part-B Powers and Functions

1) Aid and advise the President in the exercise of executive powers (Article 74).
2) Formulate policies and administer Union laws.
3) Control over Parliament: Collectively responsible to Lok Sabha (Article 75(3)).
4) Financial role: Responsible for preparation and presentation of the Union Budget.
5) Policy coordination: Ensures smooth functioning of ministries under the leadership of the Prime Minister.

Part-C Collective Responsibility

1) The Council of Ministers is collectively responsible to the Lok Sabha (Article 75(3)).
2) If the Lok Sabha passes a no-confidence motion, the entire Council, including the Prime Minister, must resign.

12
 India's judicial system

The Indian Judiciary operates within a unified system of courts that interpret and apply the law
in India. This mixed legal system predominantly follows common law principles, augmented
by civil laws in specific regions and religion-specific personal laws. The judiciary is structured
in three tiers: the Supreme Court, which is the ultimate appellate court for all civil and
criminal matters; the High Courts, serving as the highest judicial bodies in each state and
overseen by a Chief Justice; and subordinate courts, primarily District and Session Courts,

which manage the judicial system within their jurisdictions. While executive and revenue
courts are administered by state governments and are not formally part of the judiciary, High
Courts and Session Judges retain powers to inspect and direct their operations.

Appointments for Supreme Court and High Court judges are made by the President of India
upon the collegium's recommendation, while subordinate judiciary appointments are handled
by state governors based on High Court recommendations.

The Ministry of Law and Justice at the Union level is responsible for law formulation and
judiciary matters concerning Parliament, including the appointment of Supreme Court and
High Court judges. At the state level, the respective law departments of the state’s deal with
issues regarding the High Court and the subordinate courts.

I) Powers & Functions of Judiciary in India:

The Judiciary in India is the guardian of the Constitution and the protector of the fundamental
rights of citizens. It acts as the interpreter of laws, ensures justice, and maintains the balance
of power among the Legislature and the Executive. The Indian judiciary is a single, integrated,
and independent system, headed by the Supreme Court, followed by High Courts in the states
and subordinate courts. The Indian Judiciary holds immense significance as the final
interpreter of the Constitution. Through Judicial Review, it prevents unconstitutional actions,

13
 and through Judicial Activism, it advances justice and fills governance gaps. Thus, the
judiciary is not just a dispute-settling body but also the watchdog of democracy in India.

1) Interpretation of the Constitution and Laws: The judiciary interprets the provisions of
the Constitution and resolves disputes regarding legislative competence between the Union
and the States.
2) Protection of Fundamental Rights: Citizens can approach the courts directly (Article 32
and Article 226) to protect their rights.
3) Judicial Review: Courts have the power to examine the constitutionality of laws and
executive actions and strike them down if found violative of the Constitution.
4) Advisory Jurisdiction (Article 143): The President can seek the opinion of the Supreme Court
on constitutional or legal matters.
5) Dispute Resolution: Settles disputes between the Union and States, or between states (federal
disputes).
6) Supervisory Role: The Supreme Court and High Courts supervise the functioning of lower
courts.

II) Judicial Review: Judicial review is the judiciary's authority to examine the
constitutionality of laws and executive actions, invalidating those that violate the
Constitution to uphold its supremacy and prevent abuses of power. A key instance is the
Kesavananda Bharati v. State of Kerala (1973) case, which introduced the Basic
Structure Doctrine, limiting Parliament's amendment powers.
III)Judicial Activism
Judicial Activism refers to the proactive role played by the judiciary in protecting public
interest, expanding rights, and directing governance when other organs fail to act. It often
takes the form of Public Interest Litigations (PILs), allowing even ordinary citizens to
approach the courts. Example: Vishaka v. State of Rajasthan (1997) laid down guidelines
against sexual harassment at the workplace.
IV)Significance of the Judiciary
Acts as the guardian of the Constitution. Maintains rule of law and checks and balances.
Protects the rights and freedoms of citizens. Promotes social justice through judicial
activism.

14
 Strengthens democracy by ensuring that the Legislature and Executive act within
constitutional limits.
Supreme Court of India:
The Supreme Court of India is the nation's supreme judicial authority and the ultimate court
of appeal for all civil and criminal matters. It holds powers of judicial review, enabling it to
invalidate laws and constitutional amendments using the basic structure doctrine. The court,
comprising the Chief Justice of India and up to 33 judges, exercises original, appellate, and
advisory jurisdictions. It primarily hears appeals against decisions of High Courts and
tribunals, handles presidential references, safeguards fundamental rights, and resolves
disputes between the central and state governments. Its rulings are binding on all other
Indian courts and governments. Established on January 28, 1950, it replaced the Judicial
Committee of the Privy Council and is regarded as one of the world's most powerful
supreme courts.

Part-A Basic Facts

1) Constitutional Basis (Articles 124–147): The Supreme Court of India, established under
Articles 124–147 in part V of the Constitution, comprises a Chief Justice of India (CJI) and other
judges.

The President makes these appointments. As of 2025, the court has a sanctioned strength of 34
judges, including the CJI.
2) Composition: The Supreme Court of India comprises the Chief Justice of India and up to 33
other judges. Judges are appointed by the President in consultation with the judiciary through the
Collegium System. The retirement age for judges is 65 years.
3) Eligibility of a judge of the Supreme Court (Article 124): A citizen of India, not exceeding 65
years of age, is eligible for appointment as a Judge of the Supreme Court under Article 124 of the
Constitution if they meet one of the following criteria: They have been a judge of one or more
High Courts continuously for at least five years, They have been an advocate in a High Court for
at least ten years, or are a distinguished jurist in the opinion of the President.
4) Oath or affirmation (Article 124): Article 124 and the third Schedule of the Indian
Constitution mandate that the Chief Justice or a judge of the Supreme Court, in the presence of

15
 the President, must take an oath or affirmation. This oath includes a commitment to uphold the
Constitution of India, maintain its sovereignty and integrity, perform their duties faithfully and
impartially, and uphold both the Constitution and the laws.
5) Salary (Article 125): Article 125 of the Indian Constitution grants the Indian Parliament the
authority to set the salaries, allowances, leave, and pensions for Supreme Court judges. However,
these privileges and rights cannot be altered to a judge's detriment after their appointment.
Currently, Supreme Court judges receive a monthly salary of ₹250,000 (approximately
US$3,000), which is equivalent to that of the Cabinet Secretary, the most senior civil servant.
The Chief Justice of India earns ₹280,000 (approximately US$3,300) per month.
6) Removal (Article 124(4)): Article 124(4)) of the Constitution allows for the removal of the
President of India's judge based on proved misbehaviour or incapacity. This requires
parliamentary approval with a majority of the total membership in each house and at least two-
thirds of members present. Impeachment proceedings can be initiated with a notice from at least
50 Rajya Sabha members or 100 Lok Sabha members, as per the Judges (Inquiry) Act, 1968. A
judicial committee then frames charges, conducts a trial, and submits a report. If the judge is
found guilty and does not resign, Parliament can proceed with removal. A judge proven guilty
may also face punishment or be held liable for contempt of the constitution for breaching their
oath.

Part-B Jurisdiction of the Supreme Court

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

2) Appellate Jurisdiction (Articles 132–136): Hears appeals from High Courts on civil, criminal, or
constitutional cases. Special Leave Petition (SLP) under Article 136 allows appeals in any matter.

3) Advisory Jurisdiction (Article 143): The President can seek the opinion of the Court on
important legal/constitutional matters.

4) Writ Jurisdiction (Article 32): Protects Fundamental Rights by issuing writs like Habeas Corpus,
Mandamus, Prohibition, Certiorari, and Quo-Warranto.

Part-C Powers and Functions of the Supreme Court of India

16
The Supreme Court, established under Articles 124–147, is the apex judicial body of India. It
performs multiple roles to uphold the Constitution, justice, and rule of law.

1) Interpreter of the Constitution: The Supreme Court serves as the ultimate interpreter of
the Constitution, resolving disputes concerning constitutional provisions, federal-state
power distribution, and legislative/executive limitations. A key example is the
Kesavananda Bharati v. State of Kerala (1973) case, where the Court established the Basic
Structure Doctrine, thereby placing limits on Parliament's amendment powers.
2) Judicial Review: Judicial review is the Supreme Court's authority to assess legislative laws
and executive actions for constitutional compliance, with the power to invalidate
unconstitutional provisions. This function upholds the Constitution's supremacy and guards
against power abuse, as exemplified by the Supreme Court's exercise of judicial review in
Indira Gandhi v. Raj Narain (1975) to curb arbitrary power.
3) Guardian of Fundamental Rights: Article 32 allows citizens to petition the Supreme Court to
enforce Fundamental Rights. The Court can issue various writs: Habeas Corpus for unlawful
detention, Mandamus to compel public authorities, Prohibition against jurisdictional overreach,
Certiorari to quash lower court orders, and Quo Warranto to challenge public office occupation.
Example: The Maneka Gandhi v. Union of India (1978) case expanded the scope of Article 21
(Right to Life).

4) Advisory Role (Article 143): The President of India can seek the advice of the Supreme Court
on matters of public importance or constitutional interpretation. This advice is not binding on the
President but carries great weight. Example: In Re Berubari Union Case (1960), the Supreme
Court advised on the power of Parliament to cede territory.
5) Court of Record (Articles 129 & 141): The Supreme Court, as a Court of Record (Article 129),
preserves its proceedings and judgments as evidence. Its declared law is binding on all Indian
courts (Article 141), ensuring legal uniformity and precedent. The Court also has the power to
punish for contempt of court.

17
6) Original Jurisdiction (Article 131): The Supreme Court holds the exclusive authority to
adjudicate disputes involving the Government of India and one or more states, or disputes
between two or more states. An illustration of such a case is the Cauvery Water Dispute between
states Karnataka & Tamil Nadu.
7) Appellate Jurisdiction (Articles 132–136): The Supreme Court of India serves as the highest
court of appeal. Appeals can be made to it from High Courts concerning constitutional matters
(Article 132), civil cases (Article 133), and criminal cases (Article 134). Furthermore, under
Article 136, the Supreme Court possesses the authority to grant Special Leave to Appeal (SLP)
from any judgment rendered by any court or tribunal within India.
8) Power of Judicial Superintendence: The Supreme Court has supervisory authority over all
courts and tribunals in India. • It can transfer cases from one High Court to another to ensure
justice.
9) Election Disputes (Article 71): The Supreme Court decides disputes related to the election of
the President and Vice-President of India. Its decision is final and binding.
10)Power to Review Its Own Judgments (Article 137): The Supreme Court has the authority to
review or revise its own judgments or orders to prevent miscarriage of justice.
11) Special Jurisdiction for Public Interest Litigations (PILs): The Court entertains Public
Interest Litigations (PILs) to address issues of public concern such as environmental protection,
human rights, and social justice. • Example: MC Mehta v. Union of India (1986) – Supreme
Court’s intervention in environmental protection.
12)Guardian of Federalism: The Supreme Court ensures proper distribution of powers between
the Union and State governments. It settles disputes arising out of centre-state relations.
13)Emergency Role: During National, State, or Financial Emergencies, the Supreme Court ensures
that the constitutional provisions are not misused. It checks the legality of proclamations and
related actions.

Unit 3: Important Questions

3 Marks (30 words):
1. What is meant by ‘Union Legislature’?
2. What is the composition of the Lok Sabha?
3. List any three powers of the Rajya Sabha.
4. What is the role of the Vice-President in India?
5. Mention the Executive powers of the President.

18
 6. What is collective responsibility?
7. What is Judicial Review?
5 Marks (250 words):
1. Explain the functions of the Lok Sabha.
2. Discuss the powers and functions of the President of India.
3. Outline the role of the Vice President in the Union Executive.
4. Analyze the functions of the Supreme Court of India.
5. Describe the concept of Judicial Activism in India.
10 Marks (500 words):
1. Discuss the powers, and functions of the Indian Parliament.
2. Explain the role of the Prime Minister in the Indian political system.
3. Analyze the powers, functions, and significance of the Judiciary in India, with a focus on
Judicial Review and Judicial Activism.
4. Discuss the powers and responsibilities of the Rajya Sabha and how it differs from the Lok Sabha.
5. Explain the role of Lok Sabha.
6. Discuss the powers & functions of the Supreme Court.

19