The Indian Constitution, under Articles 52 to 78, lays down the structure, powers, and

functions of the Central Executive, which comprises the President, the Prime Minister, and
the Council of Ministers. The Indian system follows a parliamentary model where the real
executive authority lies with the Prime Minister and the Council of Ministers, while the
President serves as the constitutional head of state.

President of India
Election of the President

The President of India is elected indirectly by an Electoral College in accordance with the
provisions of Article 54. The Electoral College consists of:

 Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
 Elected members of the State Legislative Assemblies, including those of Union
Territories having legislatures.

The election is conducted using the system of proportional representation by means of

a single transferable vote through a secret ballot, as per Article 55(3). The value of votes is
determined to ensure parity between the states and the Union.

Judicial Interpretation

 In the case of In re Presidential Poll, the Supreme Court ruled that the validity of the
Presidential election is not affected if a State Legislative Assembly is dissolved under
Article 356.
 Article 71(4) ensures that any vacancy in the Electoral College does not invalidate the
election process.

Disputes Concerning the Presidential Election

 Article 71(1) empowers the Supreme Court to resolve disputes regarding the election
of the President.
 Under Section 14 of the Presidential and Vice-Presidential Elections Act, 1952,
only a candidate or at least ten electors can challenge the election.
 In N.B. Khare v. Election Commission, the Supreme Court held that a non-candidate
or non-elector cannot question the validity of a Presidential election.
 If an election is declared void by the Supreme Court, acts performed by the President
before the annulment remain valid under Article 71(2).

Qualifications and Term of Office

To be eligible for election as President, a candidate must fulfill the following criteria under
Article 58(1):

 Be a citizen of India.
 Have attained the age of 35 years.
 Be qualified for election as a member of the Lok Sabha.
Furthermore, Article 58(2) disqualifies individuals holding an office of profit under the
Government of India or any State Government, except for:

 The current President or Vice-President.

 The Governor of any State.
 A Minister in the Union or State Government.

Duration and Vacancy

 As per Article 62(1), the Presidential election must be conducted before the expiration
of the incumbent President’s term.
 In case of a vacancy due to death, resignation, or removal, a new election must be
held within six months.

Impeachment of the President

The President can be removed from office only through the process of impeachment under
Article 61, based on the charge of "violation of the Constitution."

Procedure for Impeachment

1. Initiation: A notice signed by at least one-fourth of the total members of either

House is submitted.
2. Approval: The House that initiates the motion must pass it by a two-thirds majority.
3. Investigation: The other House conducts an inquiry into the charges.
4. Decision: If the charges are proven, the motion is again passed by a two-thirds
majority in the second House.
5. Removal: Once both Houses approve the motion, the President is removed from
office.

Notably, no Indian President has been impeached so far.

Presidential Privileges and Immunities

The Indian Constitution grants various privileges and immunities to the President under
Article 361:

 The President enjoys absolute immunity from legal proceedings for acts performed
in an official capacity [Article 361(1)].
 The President cannot be arrested or imprisoned during the tenure [Article 361(3)].
 In case of a civil suit in a personal matter, a two-month notice must be served
before initiating legal action [Article 361(4)].
 The President’s decisions can be questioned only in impeachment proceedings.

Vice-President of India
Election and Role
The Vice-President of India is elected in accordance with Article 63. The election process is
similar to that of the President, but the Electoral College includes only Members of
Parliament (MPs) and not State Legislative Assemblies.

 The Vice-President serves as the ex-officio Chairman of the Rajya Sabha under
Article 64.
 In the absence of the President due to death, resignation, or incapacity, the Vice-
President acts as the President as per Article 65(1).
 While discharging Presidential functions, the Vice-President enjoys all powers,
privileges, and emoluments of the President [Article 65(3)].
 During this period, the Vice-President ceases to act as Chairman of the Rajya
Sabha and does not receive its salary or allowances [Proviso to Article 64].

CENTRAL EXECUTIVE

Election of the Vice-President of India

The Vice-President of India is elected through a well-defined process laid out in the
Constitution. As per Article 66(1), the election is conducted by an electoral college consisting
of members from both Houses of Parliament—Lok Sabha and Rajya Sabha—assembled in a
joint meeting. The election follows the system of proportional representation by means of a
single transferable vote, with voting conducted through a secret ballot.

Unlike the election of the President, where state representatives also participate due to the
President's role in both central and state governance, the Vice-President's primary role is to
preside over the Rajya Sabha. Given that the Vice-President only temporarily assumes
Presidential duties under exceptional circumstances, the framers of the Constitution deemed it
unnecessary to involve members of State Legislative Assemblies in the election process.

According to Article 71(3), Parliament has the authority to enact legislation to regulate any
matters concerning the Vice-President's election. Additionally, Article 71(1) assigns the
Supreme Court the responsibility of resolving any disputes or doubts arising from the
election, with its decision being final.

The President (Discharge of Functions) Act, 1969

In cases where vacancies arise in both the President and Vice-President’s offices due to
death, resignation, removal, or other reasons, Section 3 of the Act mandates that the Chief
Justice of India (or, in their absence, the seniormost Judge of the Supreme Court) shall
discharge the President’s functions until either a new President is elected and takes office or a
new Vice-President is elected and begins to act as President under Article 65, whichever
occurs first.

Council of Ministers

Article 74: Council of Ministers to Aid and Advise the President

 1. There shall be a Council of Ministers, led by the Prime Minister, responsible for
aiding and advising the President. The President is bound to act in accordance with
this advice, although he may request the Council of Ministers to reconsider it once.
2. The President’s interactions with the Council of Ministers regarding advice are
protected under Article 74(2), ensuring that no court can inquire into whether or what
advice was provided.

Article 75: Provisions Related to Ministers

1. The Prime Minister is appointed by the President, and other Ministers are appointed
on the Prime Minister’s advice.
2. The total number of Ministers, including the Prime Minister, must not exceed 15% of
the total members in the Lok Sabha (as per Article 75(1A)).
3. Ministers who are disqualified under the Tenth Schedule for defection cannot be
reappointed until their term expires or they contest and win another election (Article
75(1B)).
4. Ministers hold office at the pleasure of the President, but the Council of Ministers is
collectively responsible to the Lok Sabha.
5. A Minister must be a member of Parliament within six months of appointment;
otherwise, they must vacate office (Article 75(5)).
6. Salaries and allowances of Ministers are determined by Parliament as per the Second
Schedule.

The Constitution’s framers intentionally left certain aspects of the Council of Ministers'
operation undefined, allowing conventions and practices to guide its functioning. The
Supreme Court has emphasized that constitutional interpretation must consider conventions
prevalent during the Constitution’s framing, particularly from the British parliamentary
system. This principle was upheld in U.N.R. Rao v. Indira Gandhi (1971), which stated that
India’s Constitution must be interpreted with an understanding of parliamentary conventions.

The Council of Ministers continues to function even when the Lok Sabha is dissolved. The
Supreme Court, in U.N.R. Rao, rejected the argument that the President could govern solely
with advisors during such periods, affirming that Article 74(1) mandates the presence of a
Council of Ministers at all times.

Furthermore, while the President's decisions are made based on ministerial advice, courts
may review the material on which such advice is based. In cases like Kartar Singh v. State of
Punjab (1994) and Rameshwar Prasad v. Union of India, courts have ruled that while Article
74(2) bars inquiries into ministerial advice, the existence and relevance of supporting
material can be scrutinized.

Appointment of the Prime Minister and Ministers

The President appoints the Prime Minister (Article 75(1)) without requiring ministerial
advice. However, in practice, the President must appoint a person who enjoys the confidence
of the Lok Sabha. Generally, the leader of the majority party in the Lok Sabha is invited to
assume this role.
Ministers are usually members of Parliament, but a non-member may be appointed provided
they become a member within six months (Article 75(5)). They may participate in
parliamentary proceedings but cannot vote unless they are members. This principle was
upheld in the appointment of H.D. Deve Gowda as Prime Minister, despite not being a
member of either House at the time. The Supreme Court ruled that as long as a non-member
has the confidence of Parliament, their appointment does not violate democratic norms.

The tenure of the Council of Ministers is determined by its ability to command the Lok
Sabha’s confidence. If it loses majority support, it must resign, as mandated by Article 75(3).
However, during the dissolution of the Lok Sabha, this requirement is inapplicable.

Judicial Functions of the Executive: The Power of Pardon

Article 72 grants the President the power to pardon, reprieve, respite, remit, suspend, or
commute sentences in cases involving:

1. Court-martial convictions.
2. Offenses under Union law.
3. Death sentences.

These powers serve as a safeguard against judicial fallibility, allowing reconsideration of

cases based on new facts, procedural errors, or post-conviction developments. The different
forms of clemency include:

 Reprieve: Temporary delay in execution, e.g., pending a pardon decision.

 Respite: Postponement of execution for specific reasons, e.g., pregnancy.
 Remission: Reduction in sentence duration without altering its nature.
 Commutation: Substituting a harsher punishment with a lesser one.
 Pardon: Complete absolution of punishment and disqualifications.

While the power to pardon is vested in the President, it is exercised on the Home Minister’s
advice, as clarified in Maru Ram v. Union of India. The President cannot act independently in
such matters.

The Supreme Court has ruled that while convicted individuals have no right to a personal
hearing, judicial review is applicable in cases where the exercise of clemency is arbitrary,
discriminatory, or mala fide. In Maru Ram, the Court asserted that executive pardon must
adhere to constitutional principles and cannot be exercised whimsically. Similarly, in Kehar
Singh, the Court affirmed that the President has discretion in handling pardon petitions but is
not obligated to grant a hearing.

If clemency decisions violate Article 14 (equality before law), courts can intervene. Judicial
review ensures that executive pardon aligns with constitutional morality and democratic
principles, as upheld in Rameshwar Prasad and other cases.

LEGISLATIVE FUNCTIONS OF THE EXECUTIVE

The legislative authority of the Central Executive in India is extensive and can be classified
into the following categories:

1. Participation of the Executive in the Legislative Process

2. Rule-making Power under the Constitution
3. Ordinance-making Power

1. Participation of the Executive in the Legislative Process

The Council of Ministers plays a crucial role in the functioning of the Indian Parliament.
Since the Executive is an integral part of the legislature, it actively engages in legislative
activities. The Executive exercises significant control over Parliament through the following
powers:

 Convening and Proroguing Parliament: The President, on the advice of the

Executive, has the authority to summon and adjourn the sessions of Parliament.
 Dissolution of the Lok Sabha: The Executive has the power to recommend the
dissolution of the Lok Sabha, leading to fresh general elections.
 Presentation of Bills: Most bills introduced in Parliament originate from the
Executive, particularly those related to finance and administration.
 Presidential Assent: A bill passed by both Houses of Parliament requires the
President’s assent before becoming law, which signifies the Executive’s crucial role
in the legislative process.

2. Rule-Making Power of the Executive

The Indian Constitution delegates substantial rule-making powers to the Central Executive,
allowing it to frame regulations essential for governance. These powers include:

 Article 77(2): Provides for authentication of orders and instruments executed in the
President’s name.
 Article 77(3): Enables the President to make rules for the convenient transaction of
government business.
 Article 148(5): Empowers the President to determine the service conditions of the
Audit and Accounts Department.
 Article 318: Grants the President power to set the conditions of service for the
Chairman and Members of the Union and Joint Public Service Commissions.
 Article 98(3): Allows rule-making regarding the Secretariat and staff of Parliament.
 Article 146(1): Provides for consultation with the Union Public Service Commission
(UPSC) regarding the appointment of Supreme Court officials.
 Article 101(2): Deals with the issue of dual membership of Parliament and State
Legislatures.
 Article 118(3): Governs the procedure followed in joint sittings of Parliament.
3. Ordinance-Making Power of the Executive

To address urgent legislative needs when Parliament is not in session, the Central Executive
possesses the power to issue ordinances. This enables it to respond to unforeseen
circumstances that require immediate action.

Conditions for Issuing an Ordinance

As per Article 123 of the Constitution, the President may promulgate ordinances if:

1. Both Houses of Parliament are not in session.

2. The President is satisfied that immediate action is necessary.

While the ordinance-making power is formally vested in the President, in reality, it is

exercised on the advice of the Council of Ministers.

Judicial Interpretations of Ordinance-Making Powers

 S.K.G. Sugar Ltd. v. State of Bihar: The Supreme Court ruled that the necessity for
promulgating an ordinance is based on the subjective satisfaction of the Governor
under Article 213 (which is analogous to Article 123 for the President). The necessity
of an ordinance cannot be questioned in court.
 Bank Nationalization Case: It was held that the satisfaction of the President is
subjective and can only be challenged on grounds of bad faith or corrupt motives.
 38th Amendment (1975): Added Article 123(4), making the President’s satisfaction
non-justiciable.
 44th Amendment (1978): Repealed Article 123(4), restoring judicial review of
Presidential satisfaction under Article 123.
 A.K. Roy v. Union of India: Established that an ordinance is considered law and falls
under the scope of Article 21.
 R.K. Garg v. Union of India: Affirmed that an ordinance could amend or alter tax
laws, provided Parliament has the authority to do so.

Duration and Control of Ordinances

 An ordinance must be laid before both Houses of Parliament when they reconvene
(Article 123(2)(a)).
 It ceases to operate six weeks after Parliament reassembles unless it is converted
into an Act.
 The maximum duration of an ordinance is 7.5 months (considering Parliament
must meet every six months).

STATE EXECUTIVE - THE GOVERNOR

Significance of the Governor’s Office
The Governor plays a pivotal role in state governance. As a constitutional link between the
Centre and the State, the Governor:

 Ensures that the State functions within the framework of the Constitution.
 Acts as the constitutional head of the State Government.
 Appoints the Chief Minister and other Ministers.
 Provides continuity in administration, even when the State Government changes.
 Serves as the Centre’s representative in case of a constitutional crisis (Article 356).

Appointment and Tenure of the Governor

 The Governor is appointed by the President under Article 155 on the advice of the
Prime Minister.
 A single Governor may be appointed for multiple States (Article 153).
 The Governor must be an Indian citizen and at least 35 years old (Article 157).
 The Governor holds office during the pleasure of the President but generally serves
a five-year term (Article 156).
 The Governor’s salary and privileges are determined by Parliament and cannot be
reduced during their term(Article 158).
 If a Governor dies or is unable to perform duties, the President can appoint an
acting Governor (Article 160).

POWERS OF THE GOVERNOR

1. Executive Powers

 All executive actions of the State are taken in the Governor’s name.
 Appoints the Chief Minister and other Ministers.
 Appoints the State Election Commissioner, Advocate General, and State Public
Service Commission members.
 Can seek information from the Chief Minister on governance matters.
 Recommends President’s Rule in case of a constitutional breakdown.

2. Legislative Powers

 Summons, prorogues, and dissolves the State Legislature.

 Addresses the first session after elections.
 Sends messages to the legislature regarding bills.
 Nominates one-sixth of Legislative Council members from expert fields.
 Assents, withholds, returns, or reserves bills for the President’s consideration.
 Issues ordinances when the legislature is not in session.

3. Financial Powers

 Ensures state budgets are presented to the legislature.

 Money bills require his recommendation.
 Can make advances from the Contingency Fund.
  Appoints Finance Commissions every five years.

4. Judicial Powers

 Appoints judges for subordinate courts.

 Consults the High Court for judicial appointments.
 Can pardon, remit, or commute sentences.

UDICIAL POWERS OF THE GOVERNOR

The Governor of a state in India is vested with several judicial powers and functions, which
are as follows:

1. Power of Clemency: Under Article 161 of the Indian Constitution, the Governor has
the authority to grant pardons, reprieves, respites, and remissions of punishment.
Additionally, the Governor can suspend, remit, or commute the sentence of any
individual convicted of an offense under any law related to matters within the
executive power of the state.
2. Consultation in High Court Appointments: The Governor plays a role in the
appointment process of judges to the High Court of the state. The President of India
consults the Governor while appointing the judges of the state’s High Court.
3. Appointment of District Judges: The Governor, in consultation with the High Court
of the state, makes appointments, postings, and promotions of district judges, ensuring
that the judiciary functions smoothly and independently.
4. Appointment to State Judicial Service: The Governor appoints individuals to the
state’s judicial service (excluding district judges) in consultation with the High Court
and the State Public Service Commission, maintaining the integrity and efficiency of
the judicial system.

DISCRETIONARY POWERS OF THE GOVERNOR

Ordinarily, the Governor functions on the aid and advice of the Council of Ministers.
However, there are certain situations where the Governor can exercise discretion and act
independently. These exceptions are constitutionally defined and include the following:

1. Article 200 – Reservation of Bills for Presidential Consideration: Under Article

200, the Governor has the discretion to reserve a bill passed by the state legislature for
the President’s consideration. This power is exercised when the Governor believes
that the bill conflicts with the Constitution, or when it may derogate from the
authority of the High Court.
2. Appointment of the Chief Minister: In the event of a hung assembly or no clear
majority after state elections, the Governor has the discretion to appoint a Chief
Minister. The Governor typically selects the leader of the largest party or coalition
who is likely to secure a majority in the legislative assembly.
3. Report under Article 356 (President’s Rule): If the Governor is convinced that the
governance of the state is failing or that the constitutional machinery has collapsed,
 he/she can send a report to the President under Article 356, recommending the
imposition of President’s Rule in the state.
4. Special Responsibilities under Articles 371A, 371C, 371E, and 371H: The
Constitution assigns special responsibilities to the Governors of certain states,
particularly concerning tribal areas, law and order, and economic development. These
provisions give the Governor discretionary powers in these specific regions.

ARTICLE 200 – GOVERNOR’S POWER REGARDING STATE LEGISLATION

When a bill is passed by the state legislature, it is presented to the Governor for approval. The
Governor has the following options:

1. Assent to the Bill: The Governor may give approval, making the bill a law.
2. Withhold Assent: The Governor may refuse to sign the bill.
3. Reserve the Bill for the President’s Consideration: If the Governor believes the bill
may conflict with constitutional provisions, it can be sent to the President for review.
4. Return the Bill for Reconsideration: If the bill is not a Money Bill, the Governor
can send it back to the legislature with suggested amendments. However, if the bill is
passed again by the legislature with or without amendments and resubmitted, the
Governor must give assent.

Further, if a bill, in the Governor’s opinion, undermines the High Court’s powers, it must be
reserved for Presidential assent.

STATE OF PUNJAB v. PRINCIPAL SECRETARY TO THE GOVERNOR OF

PUNJAB & ANR (2023)

This case addressed whether the Governor can indefinitely withhold action on bills passed by
the state legislature.

Issue:

 The Government of Punjab approached the Supreme Court under Article 32,
challenging the Governor’s inaction on four bills passed by the Punjab Vidhan Sabha.

Contention:

 The Governor neither gave assent nor returned the bills for reconsideration, leading to
legislative deadlock.

Factual Background:

 The Punjab Council of Ministers sought to convene the Budget Session on 3 March
2023, but the Governor refused, citing the need for legal advice.
 The Supreme Court, in its 28 February 2023 ruling, held that the Governor was bound
to act on the advice of the Council of Ministers.
  The Budget Session was eventually held, during which the Vidhan Sabha passed four
bills:
1. The Sikh Gurdwaras (Amendment) Bill, 2023
2. Punjab Affiliated Colleges (Security of Service) (Amendment) Bill, 2023
3. Punjab Universities Law (Amendment) Bill, 2023
4. Punjab Police (Amendment) Bill, 2023
 The Governor took no action on these bills, prompting the Supreme Court to rule that
indefinite withholding of assent is unconstitutional.

Key Takeaways from the Judgment:

1. Governor is a Ceremonial Head: As an unelected official, the Governor cannot

disrupt state legislative functions by indefinitely withholding assent.
2. Timely Action Required: The phrase “as soon as possible” in Article 200 mandates
prompt action on bills.
3. Limited Discretion: The Governor may suggest reconsideration but cannot veto
legislation indefinitely.
4. Judicial Precedent: The ruling reaffirmed the Telangana case, emphasizing that
Governors must act in accordance with constitutional principles.

APPOINTMENT OF CHIEF MINISTER

A major area of controversy regarding the discretionary powers of Governors involves the
appointment of the Chief Minister, dismissal of a government, and dissolution of the
legislative assembly.

Role of Article 167:

 Article 167 requires the Chief Minister to keep the Governor informed about the
administration of the state.
 The Chief Minister must:
1. Provide Updates on Government Decisions: Communicate all decisions of
the Council of Ministers regarding state administration and legislation.
2. Respond to Governor’s Queries: Furnish any additional information the
Governor requests.
3. Reconsider Decisions if Required: If a Minister takes a decision without
consulting the Council of Ministers, the Governor can require the matter to be
reviewed.

Governor’s Discretion in Appointing the Chief Minister:

 In the case of a clear majority, the Governor appoints the leader of the majority party
as the Chief Minister.
 In a hung assembly, the Governor exercises discretion in choosing a leader who can
demonstrate a majority.
 If there is political instability, the Governor may ask the Chief Minister to prove
majority support in the legislature.
. Introduction

The judiciary in India is an independent and autonomous branch of the government,

responsible for interpreting laws, ensuring justice, and upholding the principles enshrined in
the Constitution of India. It plays a crucial role in maintaining the rule of law, protecting
fundamental rights, and acting as a check on the other branches of government—the
executive and the legislature. The Indian judiciary follows a hierarchical structure, with the
Supreme Court at the top, followed by High Courts in various states and Union Territories,
and subordinate courts at the district and lower levels.

The independence of the judiciary is a fundamental feature of India’s constitutional

democracy. This independence ensures that judges can make impartial decisions free from
political influence, executive pressure, or popular opinion. It is maintained through various
constitutional provisions, judicial precedents, and institutional safeguards.

2. Structure of the Indian Judiciary

The Indian judiciary is organized in a tiered hierarchy, with the Supreme Court at the apex,
followed by High Courts and subordinate courts. This structure ensures a well-defined system
of appeals, allowing for judicial scrutiny at multiple levels.

2.1 Supreme Court of India

The Supreme Court of India, established under Article 124 of the Constitution, is the highest
judicial authority in the country. It serves as the final court of appeal and has the power of
judicial review to ensure laws and government actions adhere to constitutional provisions.

Composition:

 The Supreme Court consists of the Chief Justice of India (CJI) and a number of other
judges, with the total sanctioned strength determined by Parliament (currently 34
judges, including the CJI).
 Judges are appointed by the President of India based on recommendations from the
Collegium system.

Functions and Jurisdiction:

1. Original Jurisdiction (Article 131): The Supreme Court has exclusive authority to
adjudicate disputes between:
o The Government of India and one or more States.
o Two or more States.
o The Government of India and any State(s) on one side and other State(s) on
the other.
2. Appellate Jurisdiction:
o The Supreme Court hears appeals from High Courts and other tribunals in
civil, criminal, and constitutional matters.
 oAppeals can be made by right, special leave (Article 136), or on a certificate of
appeal from a High Court (Article 134A).
3. Advisory Jurisdiction (Article 143):
o The President of India can seek the Supreme Court’s opinion on constitutional
or legal matters.
4. Writ Jurisdiction (Article 32):
o The Supreme Court has the power to issue writs—Habeas Corpus, Mandamus,
Prohibition, Certiorari, and Quo Warranto—to enforce fundamental rights.

2.2 High Courts

High Courts serve as the highest judicial bodies at the state and Union Territory levels. They
function under Articles 214 to 231 of the Constitution and have jurisdiction over subordinate
courts within their territorial limits.

Jurisdiction and Powers:

1. Original Jurisdiction:
o Some High Courts, such as those in Delhi, Bombay, Calcutta, and Madras,
have original jurisdiction over significant civil and criminal matters.
2. Appellate Jurisdiction:
o High Courts hear appeals from subordinate courts on civil, criminal, and
constitutional issues.
3. Writ Jurisdiction (Article 226):
o High Courts can issue writs for enforcing fundamental rights and other legal
matters, providing broader authority than the Supreme Court under Article 32.
4. Supervisory Authority (Article 227):
o High Courts oversee subordinate courts and ensure proper administration of
justice.

2.3 Subordinate Courts

Subordinate courts operate at the district and lower levels and function under the supervision
of High Courts. They handle the bulk of litigation in the country.

Categories:

1. District Courts:
o Handle civil and criminal cases at the district level.
o District judges preside over these courts, exercising original and appellate
jurisdiction.
2. Session Courts:
o Handle serious criminal cases, including murder, rape, and dacoity.
o Headed by a Sessions Judge, who can impose the death penalty (subject to
High Court confirmation).
3. Magistrate Courts:
o Handle minor criminal and civil matters.
o Categorized as First Class and Second Class Magistrates based on their
jurisdictional powers.
3. Independence of the Judiciary

Judicial independence is critical for upholding democracy and ensuring unbiased decision-
making. The Indian Constitution incorporates several provisions to maintain this
independence.

3.1 Constitutional Provisions Ensuring Judicial Independence:

1. Separation of Powers:
o The judiciary operates independently of the executive and legislature, ensuring
impartial adjudication.
2. Security of Tenure:
o Judges hold office until the retirement age (65 for Supreme Court judges, 62
for High Court judges) and can only be removed through an impeachment
process.
3. Fixed Salaries and Benefits:
o Judges' salaries and allowances are charged to the Consolidated Fund of India,
insulating them from financial influence.
4. Prohibition on Practice Post-Retirement:
o Retired Supreme Court judges cannot practice law before any court or
authority in India, ensuring impartiality.
5. Contempt of Court Powers:
o The judiciary can punish individuals for contempt to uphold its authority.

4. Appointment and Removal of Judges

4.1 Appointment of Judges

Judicial appointments in India follow a structured process aimed at ensuring competence and
independence.

Supreme Court Judges:

 Appointed by the President under Article 124 on the recommendation of the

Collegium system (CJI and senior Supreme Court judges).

High Court Judges:

 Appointed by the President under Article 217, in consultation with the CJI, Governor
of the State, and Chief Justice of the respective High Court.

District Judges:

 Appointed by the Governor in consultation with the High Court under Article 233.

The Collegium System:

  The Collegium system evolved through Supreme Court judgments (Three Judges
Cases).
 It consists of the CJI and senior judges who recommend judicial appointments and
transfers.
 The government can request reconsideration but must ultimately accept the
Collegium’s recommendations.

4.2 Removal of Judges

The removal of judges in India is a highly stringent and complex process designed to protect
judicial independence from political and external pressures. The Constitution provides for the
removal of judges only in cases of proven misbehavior or incapacity, ensuring that the
judiciary remains free from arbitrary actions by the executive or legislature.

Grounds for Removal

A judge of the Supreme Court or a High Court can only be removed on the following
grounds:

1. Proven Misbehavior – Any conduct that is unethical, corrupt, or detrimental to the

dignity of the judiciary.
2. Incapacity – A judge’s inability to discharge judicial duties due to physical or mental
incapacity.

The burden of proof is extremely high, and allegations must be substantiated through an
elaborate investigation process.

Procedure for Removal

The process of removing a judge follows Article 124(4) and Article 217(1)(b) of the Indian
Constitution, along with the provisions of the Judges (Inquiry) Act, 1968. The procedure
consists of several stages:

1. Initiation of the Motion

 A removal motion can be initiated in either the Lok Sabha (House of the People)
or Rajya Sabha (Council of States).
 The motion must be supported by:
o 100 Members in the Lok Sabha or
o 50 Members in the Rajya Sabha before it is accepted for consideration.
 The Speaker (Lok Sabha) or the Chairman (Rajya Sabha) decides whether to admit
the motion. If admitted, an inquiry committee is constituted.

2. Investigation by a Special Committee

 A three-member committee is formed to investigate the charges against the judge.

This committee comprises:
1. A Supreme Court judge
2. A Chief Justice of a High Court
3. A distinguished jurist
  The committee examines the evidence and determines whether the charges are
proven.
 If the charges are not proven, the process is halted, and the judge continues in office.

3. Parliamentary Approval

 If the committee finds the judge guilty of misbehavior or incapacity, the report is
presented before both Houses of Parliament.
 The motion must be passed by a special majority in both Houses, meaning:
o At least two-thirds of the members present and voting must vote in favor.
o A majority of the total membership of the House must also support the
motion.

4. Presidential Order for Removal

 Once both Houses pass the motion with the required majority, the matter is forwarded
to the President of India.
 The President then issues an order for removal, officially dismissing the judge from
office.

Historical Perspective: Has Any Judge Been Impeached?

 No Supreme Court or High Court judge has been successfully impeached in

India to date.
 Some cases have reached the parliamentary stage, but they were either withdrawn,
failed to gain the required majority, or were dismissed at earlier stages.

Notable Cases of Impeachment Attempts

1. Justice V. Ramaswami (1991) – First judge against whom impeachment proceedings

were initiated (Supreme Court). The motion failed in the Lok Sabha as Congress
abstained from voting.
2. Justice Soumitra Sen (2011) – The Rajya Sabha passed the motion, but he resigned
before the Lok Sabha could vote.
3. Justice P. D. Dinakaran – Faced allegations of corruption; resigned before
proceedings could begin.

Significance of the Removal Process

 The complexity and difficulty of removing judges reinforce judicial independence.

 This ensures that judges are not removed arbitrarily due to political influence.
 However, concerns remain about judicial accountability and the effectiveness of
impeachment as a disciplinary mechanism.

Salaries, Allowances, and Privileges of Judges of the Supreme Court

Article 125: Salaries, Allowances, and Privileges of Supreme Court Judges

 1. The salaries payable to the Judges of the Supreme Court shall be determined by
Parliament through legislation. Until such a law is enacted, the salaries shall be as
specified in the Second Schedule of the Constitution.
2. Each Judge shall be entitled to privileges, allowances, and rights concerning leave of
absence and pension as determined by Parliament through law. Until such a
determination is made, these shall be as specified in the Second Schedule.
o However, once a Judge is appointed, neither their privileges nor allowances,
nor their rights related to leave of absence or pension, shall be altered to their
disadvantage.

Provisions for Salary Adjustments

 The salaries of Judges of the Supreme Court and High Courts, as determined by the
Constitution, cannot be altered or reduced by Parliament except during a period of
financial emergency. During such a time, the President, through an order, may reduce
the salaries of Judges of the Supreme Court.
 While Parliament retains the authority to determine pensions, allowances, and leave
of absence, such provisions cannot be varied to the disadvantage of a Judge after
appointment.
 The salaries, allowances, and pensions of the Supreme Court Judges are drawn from
the Consolidated Fund of India and are not subject to parliamentary voting.

Appointment of Acting Chief Justice

Article 126: Appointment of Acting Chief Justice

 In cases where the position of the Chief Justice of India falls vacant, or if the Chief
Justice is unable to perform their duties due to absence or other reasons, the President
has the authority to appoint one of the other Judges of the Supreme Court to
temporarily perform the duties of the Chief Justice.

Appointment of Temporary or Acting Judges in the Supreme Court

 The Constitution does not provide for the appointment of temporary or acting Judges
in the Supreme Court.
 The framers of the Constitution deemed it undesirable to have temporary Judges in
the highest court of the land.
 Instead of temporary appointments, the system of appointing ad hoc Judges has been
adopted. If at any time, the quorum of Judges required to hold a session of the court is
not met, the Chief Justice may, with the President’s consent, request a duly qualified
High Court Judge to attend the Supreme Court sittings. While attending, the Judge
shall have the same jurisdiction, powers, and privileges as a Supreme Court Judge.

Supreme Court as a Court of Record

Article 129: Supreme Court as a Court of Record

 The Supreme Court is a court of record, meaning that:

o The records and proceedings of the court hold evidentiary value and cannot be
questioned when produced before any other court.
o The court has the authority to penalize for its contempt.
 A superior court, being a court of record, exercises summary jurisdiction to punish
those who interfere with the administration of justice.
 This power is extraordinary and must be used sparingly. However, where public
interest demands, the court may impose fines or imprisonment if necessary.
 The procedure for exercising contempt jurisdiction is governed by the Contempt of
Courts Act, 1971. However, this Act does not restrict the substantive power granted to
the Supreme Court under Article 129.

Landmark Case: C.K. Daphtary v. O.P. Gupta

 The respondent circulated a booklet accusing a Supreme Court Judge of bias and
dishonesty in his judicial capacity.
 A petition was filed alleging that the booklet scandalized the Judges and undermined
public confidence in the judiciary.
 The Supreme Court ruled that contempt proceedings were warranted as the remarks
amounted to gross contempt of the Judges and the court itself.

Key General Principles from Contempt Jurisprudence:

1. Judges cannot be accused of dishonesty, even if their judgment contains errors.

2. No evidence is permitted to justify allegations amounting to contempt.
3. The Supreme Court may deal with contempt summarily, ensuring procedural fairness.
4. A formal charge is not required in clear contempt cases.
5. The Supreme Court Bar Association President can initiate contempt proceedings.
6. A contempt petition cannot be withdrawn at will. The court considers the broader
implications before allowing withdrawal.

Delhi Judicial Service Association v. State of Gujarat:

 The Supreme Court’s power to punish contempt extends beyond itself and applies to
all subordinate courts and tribunals in the country.
 However, High Courts and other subordinate courts do not have the power to punish
for contempt of the Supreme Court.

Seat of the Supreme Court

Article 130: Location of the Supreme Court

 The Supreme Court is seated in Delhi.

 However, the Chief Justice of India, with the approval of the President, may designate
other locations for sittings as necessary.
Original Jurisdiction of the Supreme Court

Article 131: Exclusive Original Jurisdiction

 The Supreme Court has exclusive original jurisdiction over disputes involving:
1. The Government of India and one or more States.
2. The Government of India and one or more States on one side and one or more
States on the other.
3. Two or more States, provided that the dispute concerns the existence or extent
of a legal right.
 However, this jurisdiction does not extend to disputes arising from treaties,
agreements, or similar instruments executed before the commencement of the
Constitution unless they continue to operate after such commencement.

Interpretation and Applicability:

 The Supreme Court’s original jurisdiction applies to legal disputes between the Union
and States, not political conflicts.
 The Supreme Court cannot entertain suits brought by private individuals against the
Government of India in its original jurisdiction.
 A dispute must involve legal rights and not political concerns.
 The term “legal right” in Article 131 is broad and can include constitutional rights of
States.

Landmark Cases:

 State of Bihar v. Union of India: Held that disputes between a State and a corporation
(Hindustan Steel Ltd.) did not fall under Article 131.
 State of Rajasthan v. Union of India: Determined that Article 131 applied to disputes
about constitutional rights between the Union and States, not political issues.
 State of Karnataka v. Union of India: Held that a commission of inquiry against State
Ministers could be challenged under Article 131 as a legal dispute.

Presidential Reference to the Supreme Court

Article 143: Power of the President to Consult the Supreme Court

1. If the President believes that a legal or factual question of public importance has
arisen, they may refer the question to the Supreme Court for its opinion. The Supreme
Court, after conducting hearings as it deems fit, will provide its advisory opinion.
2. The President may also refer inter-state disputes (otherwise restricted under Article
131) to the Supreme Court for its opinion, and the court is bound to render its opinion
after due consideration.

Implications of Article 143:

  Provides an advisory role to the Supreme Court on complex legal and constitutional
matters.
 The opinion rendered by the Supreme Court is not binding on the President.
 Used to clarify constitutional issues of national importance.

Advisory or Consultative Jurisdiction of the Supreme Court

General Function of a Court

 Normally, courts function to resolve disputes by interpreting and applying the law to
facts presented before them.
 A legal question is typically raised in the context of a dispute between parties.

Unique Advisory Role under Article 143

 Article 143 grants the Supreme Court of India a special consultative jurisdiction.
 This allows the President of India to seek the Court’s opinion on legal or factual
questions that may not be linked to any ongoing case.
 This jurisdiction is discretionary and is utilized only when the President deems a
question of substantial public importance.

Scope of Presidential Reference

 The President can refer any question of law or fact if it is expedient for the Supreme
Court to express its opinion.
 The language of Article 143 is broad and does not restrict the reference to matters
falling under the President’s direct powers, functions, or duties.
 The only conditions for invoking Article 143 are:
1. The existence or likelihood of a question of law or fact arising.
2. The question must be of significant public importance.

Possible Areas of Reference

 The President may refer questions related to:

o The validity of existing legal provisions.
o The constitutionality of proposed legislative bills.
o Other important constitutional matters.
 The President has the sole discretion to determine whether a matter satisfies the
requirements of Article 143(1).

Limitations of Advisory Jurisdiction

 The Supreme Court cannot reconsider or sit in appeal over its previous decisions
under Article 143.
 However, it may clarify the legal principles established in its earlier judgments.
 The Court can consider entirely new legal questions that have not been adjudicated
before, such as matters related to the premature dissolution of a State Assembly.
Procedure for Advisory Opinion

 Upon receiving a reference, the Registrar of the Supreme Court notifies the Attorney
General of India.
 The Attorney General appears before the Court and assists in determining the
necessary parties to be notified.
 The Supreme Court also allows interested individuals or groups to participate as
interveners in the proceedings.

Appeals in Constitutional Cases

Scope of Article 132

 Article 132 governs appeals to the Supreme Court involving constitutional

interpretation.
 It applies to civil, criminal, and other legal proceedings originating in a High Court.
 The article ensures that questions regarding constitutional interpretation are handled
exclusively by the Supreme Court to maintain uniformity.
 Without such a provision, different High Courts might offer conflicting constitutional
interpretations.

Right of Appeal in Constitutional Matters

 Appeals under Article 132 are not restricted by the limitations in Articles 133 and
134.
 A High Court must certify that a case involves a “substantial question of law”
regarding constitutional interpretation for an appeal to be permitted.
 The appeal process aims to ensure swift resolution of constitutional issues central to
the case.

Conditions for Appeal under Article 132(1)

1. The appeal must arise from a “judgment, decree, or final order” of a High Court.
2. The case must involve a question of constitutional interpretation.
o The term “involve” signifies that resolving the constitutional question is
necessary for the case’s outcome.
3. The question must be substantial, meaning it must be subject to differing legal
opinions or require authoritative clarification.

Appeals in Civil Cases

Provisions of Article 133

 Article 133 deals with appeals to the Supreme Court in civil cases.
  The following conditions must be met for an appeal:
1. The case must involve a “judgment, decree, or final order” in a civil
proceeding.
2. The High Court must certify that:
 The case raises a “substantial question of law” of general importance.
 The question requires a Supreme Court ruling.

Definition of Civil Proceedings

 A civil proceeding concerns enforcing civil rights against another person or the State.
 If a proceeding primarily aims at punishment for an offense, it is classified as
criminal.
 The Supreme Court's civil appellate jurisdiction extends to:
o Appeals from ordinary civil jurisdiction.
o Orders under Articles 226 and 227 of the Constitution.

Substantial Question of Law Requirement

 The question must:

o Be of public importance or affect fundamental rights.
o Be unsettled or subject to competing interpretations.
 If the Supreme Court or a prior authoritative court has settled the issue, it does not
qualify as a substantial question of law.

Appeals in Criminal Cases

Scope of Article 134

 Article 134 outlines the Supreme Court's appellate jurisdiction in criminal cases.
 An appeal to the Supreme Court is permitted if the High Court:
1. Reverses an acquittal and imposes the death penalty.
2. Withdraws a case for its own trial, convicts the accused, and sentences them to
death.
3. Grants a certificate that the case is fit for appeal to the Supreme Court.

Interpretation of ‘Acquittal’

 The term “acquittal” includes partial acquittals, where the accused is convicted of a
lesser offense, but the High Court later convicts for a graver charge (e.g., upgrading a
conviction from Section 304 to Section 302 IPC).
 Example: In Tarachand v. State, the trial court convicted the accused under Section
304 IPC (culpable homicide). The High Court reversed this and convicted him under
Section 302 IPC (murder), sentencing him to death. The Supreme Court allowed an
appeal under Article 134(1)(a).

Discretionary Certification by High Courts

  Under Article 134(1)(c), High Courts may certify cases fit for Supreme Court appeal.
 The Supreme Court has established guidelines for granting such certificates:
o Violation of fundamental principles of justice.
o Existence of complex legal questions of high public or private importance.
o Lack of a fair trial.
 In Babu v. State of Uttar Pradesh, the Supreme Court held that the High Court’s
discretion under Article 134(1)(c) must be exercised judiciously.

Legislative Expansion of Criminal Appellate Jurisdiction

 Article 134(2) authorizes Parliament to expand the Supreme Court's jurisdiction in

criminal cases.
 The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act,
1970 extends appeals to:
1. Cases where the High Court reverses an acquittal and imposes life
imprisonment or a sentence of at least 10 years.
2. Cases where the High Court withdraws a trial from a subordinate court,
convicts the accused, and sentences them to life imprisonment or a minimum
of 10 years.

Grounds for Appeal to the Supreme Court

Under Article 134(1), an appeal lies to the Supreme Court from any judgment, final order, or
sentence in a criminal proceeding of a High Court in the following circumstances:

1. Reversal of Acquittal and Death Sentence: If the High Court, in an appeal, reverses
an order of acquittal and sentences the accused to death.
2. Withdrawal and Conviction by High Court: If the High Court withdraws a case for
trial before itself from a subordinate court and convicts the accused, sentencing them
to death.

Interpretation of 'Acquittal'

The term 'acquittal' in Article 134 has been interpreted broadly. It does not mean complete
acquittal alone but includes cases where an accused has been acquitted of a murder charge
and convicted of a lesser offense. If the High Court reverses the trial court’s decision and
convicts the accused of murder, it amounts to a reversal of an acquittal, thus allowing an
appeal to the Supreme Court.

 Case Law: Tarachand v. State

o The accused was initially convicted under Section 304 IPC (culpable homicide
not amounting to murder) instead of Section 302 IPC (murder).
o The High Court reversed this order, convicting him under Section 302 IPC and
sentencing him to death.
o The Supreme Court ruled that the appeal was maintainable under Article
134(1)(a) as the reversal of the order amounted to a reversal of acquittal.

Appeal under Article 134(1)(c)

The Supreme Court can hear an appeal in a criminal case if the High Court certifies that the
case is fit for appeal. This certification is granted in exceptional or extraordinary
circumstances, such as:

1. Violation of essential principles of justice.

2. Involvement of difficult questions of law of public or private importance.
3. Denial of a fair trial.

 Case Law: Babu v. State of Uttar Pradesh

o The Supreme Court held that the power under Article 134(1)(c) is
discretionary and should be exercised based on judicial principles.
 Case Law: Baladin v. State of Uttar Pradesh
o The Allahabad High Court granted leave to appeal without stating reasons.
o The Supreme Court refused the appeal, stating that the High Court must
provide justification for granting such leave.

Enlargement of Criminal Appellate Jurisdiction

Under Article 134(2), Parliament is empowered to expand the appellate jurisdiction of the
Supreme Court. The Supreme Court (Enlargement of Criminal Appellate Jurisdiction)
Act, 1970, authorizes appeals to the Supreme Court in the following cases:

1. If the High Court reverses an acquittal and sentences the accused to life
imprisonment or a term of at least ten years.
2. If the High Court withdraws a case from a subordinate court, convicts the
accused, and imposes a sentence of life imprisonment or at least ten years.

Special Leave to Appeal under Article 136

Article 136 empowers the Supreme Court to grant special leave to appeal from any
judgment, decree, determination, sentence, or order passed by any court or tribunal within
India, except those under laws related to the Armed Forces.

 Nature of Power
o The power conferred by Article 136 is residuary and plenary.
o It is exercised at the discretion of the Supreme Court to meet the demands of
justice.
o The Supreme Court describes it as an exceptional power to be
used sparingly.
 Case Law: Kunhayammed v. State of Orissa
o The Supreme Court held that Article 136 provides an unrestricted power that
is not bound by ordinary legal provisions.
 Case Law: Narpat Singh v. Jaipur Development Authority (2002)
o The Supreme Court emphasized that Article 136 does not confer a right to
appeal but only a discretionary power to be exercised in exceptional cases.
 Case Law: Rajendra Kumar v. State
o The Supreme Court entertained an appeal directly from the Chief Judicial
Magistrate without requiring an appeal to the High Court first.
o However, the Court clarified that such petitions are not ordinarily entertained.
  Key Features of SLP

1. Unlike Articles 132 to 134, it allows appeals from decisions of subordinate

courts as well.
2. Appeals can be entertained against interlocutory orders in exceptional cases.
3. The Court may grant special leave even when no appeal provision exists under
ordinary law.

Writ of Certiorari and Prohibition

 Certiorari: Issued to quash a decision after it has been made by an inferior court or
tribunal.
 Prohibition: Issued to prevent an inferior court or tribunal from proceeding with a
case beyond its jurisdiction.

Key Differences

1. Certiorari is remedial, issued after a decision has been made.

2. Prohibition is preventive, issued before a decision is made.

 Case Law: Syed Yakoob v. K.S. Radhakrishnan

o The Supreme Court outlined the grounds for issuing certiorari or prohibition:
1. Lack of jurisdiction
2. Failure to exercise jurisdiction
3. Error of law apparent on the record
4. Findings based on no evidence
5. Violation of natural justice
6. Unconstitutionality of the law applied
7. Contravention of Fundamental Rights

Supervisory Jurisdiction

 Used to ensure that subordinate courts act within their jurisdiction.

 Cannot be used to correct errors of fact but only jurisdictional errors.

Jurisdictional Errors and Errors of Law

 Jurisdictional Errors: When a court or tribunal acts without authority or fails to

exercise its jurisdiction.
 Errors of Law: Misinterpretation of statutory provisions or application of incorrect
legal principles.
 Case Law: Union of India v. Swadeshi Cotton Mills
o The Supreme Court emphasized that it can review both final and
interlocutory orders.

Findings of Fact and Natural Justice

 Findings of fact based on no evidence or perverse conclusions may be challenged

through certiorari.
  Principles of Natural Justice:
1. Freedom from bias: The decision-maker must be impartial.
2. Right to be heard: The affected party must be given an opportunity to present
their case.

Legislature: A Comprehensive Overview

The government of a nation operates through three primary organs: the Legislature, the
Executive, and the Judiciary. Each plays a distinct and indispensable role in governance:

1. Legislature – Responsible for formulating laws and regulations that govern society. It
establishes the legal framework within which all citizens and institutions must
operate.
2. Executive – Charged with implementing and enforcing the laws created by the
Legislature, ensuring the effective execution of government policies.
3. Judiciary – Interprets laws, adjudicates disputes, and upholds justice to maintain
constitutional order.
4. The Fourth Pillar: Media – While not a formal organ of government,
the Media plays a pivotal role in shaping public opinion, ensuring transparency, and
holding the government accountable.

Legislature in India
1. Central Legislature: The Indian Parliament

As per Article 79 of the Indian Constitution, the Parliament comprises:

 The President of India

 Two Houses of Parliament:
o Council of States (Rajya Sabha)
o House of the People (Lok Sabha)

2. The Council of States (Rajya Sabha)

The Rajya Sabha consists of two categories of members:

1. Elected Representatives of States and Union Territories

o The maximum number of elected representatives is 238, with seats allocated
as per the Fourth Schedule of the Constitution.
o Members are elected by the Legislative Assemblies of respective States and
Union Territories through the proportional representation system using
a single transferable vote.
o Union Territory representatives are elected as prescribed by Parliamentary
law.
2. Nominated Members by the President
o The President nominates 12 members with distinguished contributions
in literature, science, art, or social service.

Key Features of the Rajya Sabha:

  It is a permanent body, with one-third of its members retiring every two years.
 The Vice-President of India serves as the ex-officio Chairman of the Rajya Sabha.

Changes in Representation and Legal Precedents:

 Until 2003, per Section 3 of the Representation of the People Act, 1951 (RPA),
Rajya Sabha members had to be electors from the State they represented.
 The 2003 amendment removed this requirement, allowing electors from any part of
India to contest from any State.
 This amendment was challenged in Kuldip Nayar v. Union of India, arguing it
violated federal principles. However, the Supreme Court upheld it, ruling that
federalism does not mandate State-specific representation.

3. House of the People (Lok Sabha)

As per Article 81, the Lok Sabha consists of:

 Up to 530 members directly elected from the States.

 Up to 20 members representing the Union Territories, elected as prescribed by
Parliament.
 Up to two Anglo-Indian members, appointed by the President (this provision was
removed by the 104th Constitutional Amendment Act, 2019).

Representation in Lok Sabha:

 Seats are allocated to States based on population, ensuring proportional

representation.
 Delimitation is conducted after each census to adjust constituencies accordingly.

Examples of Lok Sabha Constituencies:

1. Tehri Garhwal
2. Garhwal
3. Almora
4. Nainital
5. Haridwar

4. Duration of the Houses of Parliament (Article 83)

 Rajya Sabha is a continuous body with staggered elections.

 Lok Sabha has a tenure of five years, unless dissolved earlier.
 During a proclaimed emergency, its term may be extended one year at a time, but
not beyond six months after the emergency ends.

5. Qualifications for Membership of Parliament (Article 84)

A person must:

1. Be a citizen of India.
 2. Take an oath of allegiance to the Constitution.
3. Be at least 30 years old for Rajya Sabha and 25 years old for Lok Sabha.
4. Meet additional qualifications as prescribed by Parliament.

6. Parliamentary Sessions, Prorogation, and Dissolution (Article 85)

 Summoning: The President convenes Parliament, ensuring no more than six months
elapse between two sessions.
 Adjournment: Temporary suspension of a sitting or session.
 Adjournment Sine Die: Suspension without a fixed resumption date.
 Prorogation: Formal end of a session, declared by the President.
 Dissolution: Terminates the Lok Sabha, requiring fresh elections.

7. Presidential Address to Parliament (Article 87)

 The President addresses both Houses at the start of each new parliamentary
year and after every general election.
 This address outlines the government’s policies and legislative priorities.
 A motion of thanks is passed post-address. If defeated, it acts as a vote of no-
confidence, possibly leading to government resignation or dissolution of the House.

8. Rights of Ministers and the Attorney-General in Parliament (Article 88)

 Ministers and the Attorney-General may participate in discussions in both Houses

but cannot vote unless they are members.

9. Chairman and Deputy Chairman of Rajya Sabha (Articles 89-91)

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

 The Deputy Chairman is elected from among Rajya Sabha members.
 The Deputy Chairman vacates office if:
o He ceases to be a Rajya Sabha member.
o He resigns.
o He is removed by a resolution passed by a majority of Rajya Sabha
members.
 In the absence of the Chairman, the Deputy Chairman or another designated
member presides.

LEGISLATION PROCEDURE IN PARLIAMENT

Introduction and Passage of Bills

1. Origination of Bills:
o An ordinary Bill, which is any Bill other than a Money Bill or a Financial Bill,
may be introduced in either House of Parliament as per Article 107(1).
o It becomes an Act only when it is passed by both Houses and receives the
President’s assent [Articles 107(2) and 111(1)].
2. Stages of a Bill in a House:
 o The procedure for the passage of a Bill in a House is governed by the rules of
procedure of each House. Generally, a Bill passes through three distinct
readings or stages:
 First Reading: The Bill is introduced in the House. Conventionally,
there is no debate at this stage unless the Bill is highly controversial
(e.g., Preventive Detention Bill).
 Second Reading (Consideration Stage):
 This stage consists of two parts:
1. General Discussion - The fundamental principles of the
Bill are debated, but not its detailed provisions.
2. Clause-by-Clause Consideration - Each clause of the
Bill is examined, and amendments can be proposed.
 An important Bill is often referred to a Select Committee of the
House or a Joint Select Committee of both Houses for detailed
examination.
 After the Committee submits its report, the Bill is debated
clause by clause, and amendments may be introduced.
 Third Reading:
 A final, brief discussion on the Bill occurs before it is put to
vote.
 If passed, the Bill is sent to the other House, where it undergoes
a similar process.
3. Passage Through the Second House:
o Once the Bill is passed by one House, it is transmitted to the other House for
consideration.
o The other House may approve, reject, amend, or delay the Bill.
o If both Houses pass the Bill in an identical form, it is sent to the President for
assent.

Joint Session of Parliament

1. Coordination Between Two Houses:

o Both Houses of Parliament have equal legislative power in ordinary
legislation.
o A Bill must be passed in the same form by both Houses before it is submitted
for Presidential assent [Article 107(2)].
2. Resolution of Deadlock:
o A deadlock between the two Houses occurs when:
1. A Bill passed by one House is rejected by the other.
2. The two Houses disagree on the amendments proposed.
3. The other House does not take action on the Bill for more than six
months.
o The President can summon a joint sitting of both Houses under Article 108(1)
to resolve the deadlock.
o The Speaker of the Lok Sabha presides over the joint sitting [Article 118(4)].
o If the Bill is passed by a majority of the total members present and voting,
it is deemed to be passed by Parliament.
o No new amendments, except those necessary due to delay, are permitted at
this stage.
o The joint sitting procedure does not apply to Money Bills.
Money Bills (Article 109 & 110)

1. Definition & Introduction:

o A Money Bill contains provisions only related to taxation, borrowing,
expenditure from the Consolidated Fund, or other financial matters as
defined under Article 110.
o It can only be introduced in Lok Sabha and requires the President’s
recommendation before introduction [Article 117(1)].
2. Procedure for Passage:
o Once passed by Lok Sabha, the Bill is transmitted to Rajya Sabha, which
can only make recommendations.
o Rajya Sabha must return the Bill within 14 days; otherwise, it is deemed to
have been passed in the original form.
o If Lok Sabha does not accept Rajya Sabha’s recommendations, the Bill is still
considered passed in its original form.
o The Speaker of Lok Sabha certifies a Bill as a Money Bill, and this decision is
final [Article 110(3) & (4)].
3. Presidential Assent:
o The President cannot return a Money Bill for reconsideration.
o They can either assent to it or withhold assent.
o This ensures Lok Sabha’s dominance in financial matters since it directly
represents the electorate.

Financial Bills

1. Category I Financial Bills [Article 117(1)]:

o These contain provisions related to taxation, borrowing, or financial
matters along with other general provisions.
o Example: GST Bill, 2016
o Like a Money Bill, it can only be introduced in Lok Sabha and requires
the President’s recommendation.
o However, Rajya Sabha has full power to amend it, and a disagreement may
lead to a joint sitting.
2. Category II Financial Bills [Article 117(3)]:
o These include expenditure provisions but do not exclusively deal with
financial matters.
o Unlike Money Bills, they can be introduced in either House and follow
the ordinary Bill procedure.
o Example: Right to Education (RTE) Act, 2009

Public Finances & Funds of India

1. Consolidated Fund of India (CFI) [Article 266]:

o The primary government account into which all revenue, loan receipts, and
expenditures are credited.
o Receipts: Taxes, government borrowings, PSU profits.
o Expenditures: Salaries, infrastructure, debt repayment, welfare schemes.
2. Public Account of India:
 oHolds funds collected by the government in a trustee capacity (e.g.,
provident funds, small savings).
o Expenditures from this account do not require parliamentary approval.
3. Contingency Fund of India [Article 267]:
o A reserve for emergencies and unforeseen expenses.
o Held by the President, managed by the Finance Ministry, and replenished
with parliamentary approval.

Presidential Assent to Bills (Article 111)

1. Role of the President in Legislation:

o A Bill, after passing through both Houses, is sent to the President for assent.
o The President can either:
1. Give Assent – The Bill becomes law.
2. Withhold Assent – The Bill is rejected.
3. Return the Bill (Except Money Bills) – The President can send the
Bill back for reconsideration with recommendations.
o If the Bill is passed again by Parliament without changes, the
President must grant assent.
2. Instances of Presidential Reconsideration:
o Rarely used. However, in 2006, President A.P.J. Abdul Kalam returned
the Parliament (Prevention of Disqualification) Act, 1959 for
reconsideration.
o The Bill was passed again without amendments and was ultimately assented
to.

1. Introduction to Financial Legislation

Financial legislation in Parliament encompasses all laws and regulations governing the
collection and expenditure of public funds. These laws ensure financial discipline,
transparency, and accountability in the management of public resources. The key components
of financial legislation include the Budget, Appropriation Act, Finance Act, Vote on Account,
and Parliamentary Privileges related to financial matters.

2. The Budget: Annual Financial Statement

The Budget is the most significant financial document presented in Parliament. As mandated
by Article 112 of the Indian Constitution, the President causes the annual financial statement
to be laid before both Houses of Parliament. The Budget includes:

 Revenue and Expenditure Estimates: The estimated receipts and expenditures of

the government for the forthcoming financial year.
 Taxation Proposals: Recommendations on direct and indirect taxes to generate
revenue.
 Fiscal Deficit and Economic Outlook: An overview of the economic conditions
influencing fiscal policy.
  Planned vs. Non-Planned Expenditure: Classification of expenditures to distinguish
developmental spending from routine administrative costs.
 Grants-in-Aid: Allocation of funds to states and Union Territories.

The Budget session involves extensive discussions, followed by a voting process, before it is
enacted into law.

3. The Appropriation Act

Once the Budget is approved, an Appropriation Bill is introduced to authorize the

government to withdraw funds from the Consolidated Fund of India. The Appropriation Act:

 Provides legal sanction to the government for its proposed expenditure.

 Specifies the amount and purpose of allocated funds.
 Ensures that public funds are used only for approved government programs.
 Once enacted, grants the government the authority to incur expenditure during the
financial year.

4. The Finance Act

The Finance Act is a crucial legislative measure that gives effect to the financial proposals
presented in the Budget. It:

 Enforces new taxation policies and amendments to existing tax laws.

 Revises duties, tariffs, and levies as per government objectives.
 Contains provisions related to the Income Tax Act, GST laws, and indirect taxes.
 Ensures the legal framework for revenue collection and financial administration.

Unlike the Appropriation Act, which focuses on expenditure, the Finance Act primarily deals
with revenue generation.

5. Vote on Account: Temporary Financial Authorization

A Vote on Account is a provisional measure allowing the government to meet essential

expenditures in situations where the full Budget is yet to be passed. It:

 Covers government expenses for a limited period (usually two to four months).
 Ensures continuity of government operations without financial disruptions.
 Does not include policy changes or new taxation measures.
 Is especially relevant in election years when a newly elected government presents a
full Budget after assuming office.

6. Parliamentary Privileges in Financial Legislation

Parliament enjoys exclusive privileges in financial matters, ensuring legislative supremacy

and accountability. These privileges include:

 Exclusive Control Over Public Expenditure: No expenditure can be incurred

without Parliamentary approval.
 Scrutiny of Government Spending: Parliamentary Committees, such as the Public
Accounts Committee (PAC), review government expenditures.
 Imposition of Taxes: Only Parliament has the authority to levy or abolish taxes.
 Debate and Amendment Rights: Members can discuss and propose amendments to
financial bills before enactment.