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Constitutional Autonomy in India

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0% found this document useful (0 votes)
5 views2 pages

Constitutional Autonomy in India

Uploaded by

Anushka Negi
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Organ Constitutional Areas / Nature Explanation / Example / Case

Basis of Autonomy Significance Law

Legislature Art. 79–122, Law-making Exclusive power to make GST Act, 2017 –
105, 194 power laws on subjects under passed solely by
Union & State Lists (7th Parliament.
Schedule).

Privileges & Freedom of speech in Art. 105, 194 –


Immunities House; immunity from ensure free debate.
court action for
speeches/votes.

Internal Each House regulates its Art. 118 – Speaker’s


Procedure own procedure and rulings are final
Control conduct of business. within the House.

Financial Parliament’s authority Art. 110 – Money


Control over Money Bills, Bill certified by
Consolidated Fund, and Speaker.
taxation.

Limited Judicial Courts can’t question Kihoto Hollohan v.


Review legislative wisdom or Zachillhu (1992) –
motives, only legislative process
constitutionality. autonomy.

Executive Art. 52–78 Administrative Freedom to implement Daily governance


(Union), 153– Autonomy laws, policies, and run under PM & Council
167 (State) administration. of Ministers.
Policy & Independent control Treaty signing,
Diplomatic over defense, foreign military operations.
Autonomy affairs, and policy
execution.

Ordinance Can legislate temporarily Art. 123


Power when legislature not in (President), Art.
session. 213 (Governor).

Civil Service Appointment, Art. 309–311 –


Control promotion, removal of service autonomy.
officials under executive
purview.

Operational Cabinet discussions and Shamsher Singh v.


Secrecy & advice to President are State of Punjab
Privilege confidential. (1974) – executive’s
functional
autonomy.

Judiciary Art. 124–147 Security of Judges removable only Art. 124(4), 217 –
(SC), 214–231 Tenure by impeachment; judicial
(HC) ensures freedom from independence.
political pressure.

Financial Salaries/allowances Art. 125, 221.


Independence charged on Consolidated
Fund, not subject to
vote.

Power of Can strike down Kesavananda


Judicial Review unconstitutional laws or Bharati v. State of
executive acts. Kerala (1973).

Control over Collegium system Second Judges Case


Appointments ensures primacy of (1993).
judiciary in
appointments.

Contempt Can punish for contempt Art. 129, 215 – In


Power to maintain authority Re Arundhati Roy
and autonomy. (2002).

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