POLITY & GOVERNANCE

(REVISION NOTES - PART - 2)

INDEX
Chapter-1: EMERGENCY PROVISIONS ......................................................

Chapter-2: PRESIDENT .......................................................................... 9

Chapter - 3: VICE-PRESIDENT .............................................................. 15

Chapter - 4: PRIME MINISTER ............................................................. 17

Chapter - 5: CENTRAL COUNCIL OF MINISTERS .................................... 19

Chapter - 6: CABINET COMMITTEES .................................................... 21

Chapter - 7: PARLIAMENT - I ............................................................... 22

Chapter - 8: PARLIAMENT - II .............................................................. 26

Chapter - 9: PARLIAMENTARY COMMITTEES ....................................... 37

Chapter - 10 PARLIAMENTARY FORUMS ............................................. 40

Chapter - 11: PARLIAMENTARY GROUP ............................................... 41

Chapter - 12: SUPREME COURT ........................................................... 42

Chapter - 13: JUDICIAL REVIEW ........................................................... 46

Chapter - 14: Judicial Activism and Public Interest Litigation................ 47

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Chapter-1
EMERGENCY PROVISIONS
1. Introduction: The Emergency provisions are contained in Part XVIII of the constitution from
Articles 352 to 360; they enable the Central government to meet any abnormal situation
effectively. The rationality behind incorporation is to safeguard sovereignty, unity, integrity and
security of the country, democratic political system and the constitution.
2. Constitution stipulates three types of emergencies:
 National Emergency: Article 352. Grounds: war, external aggression, armed rebellion + The
constitution employs expression ‘proclamation of emergency’ to denote an emergency of this type.
 State emergency/Presidents rule: Article 356: failure of the Constitutional machinery +
Article 365: failure to comply with the directions of the Centre. The constitution does not use
the word ‘emergency’ for this situation.
 Financial emergency: Article 360: threat to the financial stability or credit of India,
3. National Emergency
 Grounds of Declaration
o Under Article 352, President can declare emergency on the grounds of war, External
aggression or armed rebellion (44th CA 1978; earlier 'internal disturbances')
o It may be applicable to the entire country or only a part of it.
o 42nd CAA enabled president to limit the operation of a National Emergency to a
specified part of India.
o President must receive a written recommendation of the Cabinet to declare emergency
(44th CAA, 1978).
o 38th Amendment Act of 1975 made the declaration of a National Emergency immune
from the judicial review (deleted by the 44th Amendment Act of 1978).
o Minerva Mills case (1980)- Proclamation can be challenged on ground of malafide or that
declaration was based on extraneous and irrelevant facts or is absurd or perverse.
 Parliamentary Approval and Duration
o The proclamation must be approved by both Houses of Parliament within one month
fromthe date of its issue.
o Earlier two months, changed by the 44th CA
o If Lok Sabha is dissolved when proclamation of emergency happens, then it can approve
it within one month after re-constitution, if the RS has approved it in the meantime.
o If approved, continues for 6 months.
o Needs to be approved every six months (44th CA 1978)
o Can be reapproved as many times as the Parliament wants
o If the dissolution of the Lok Sabha takes place during the period of six months without
approving the further continuance of Emergency, then the proclamation survives until 30
days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya
Sabha has in the mean-time approved its continuation.
o Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority (introduced by 44th CAA 1978).

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 Revocation of Proclamation
o By President at any time by subsequent proclamation without Parliamentary approval.
o If the LS passes a resolution disapproving the Emergency, then the President must revoke
it. (44th CA 1978).
o 44th CA 1978: If 1/10 of Lok Sabha members give a written notice to the Speaker
(President if House not in session) , then a special sitting of the House to be held within
14 days.
o Disapproval only needs concurrence of the LS, unlike approval, which needs both
Houses.
o Resolution for disapproval: Passed by Lok Sabha only; adopted by simple majority.
o Resolution approving continuation of proclamation: Needs to be passed by both
houses of parliament; needs to be adopted by a special majority.
 Effects of National Emergency
o Effect on the Centre-State Relations
 Executive: Centre can give executive directions to the State regarding any matter +
State governments not suspended, but brought under the complete control of the
Central government.
 Legislative: Parliament empowered to make laws on any subject in the State list +
State governments can continue making laws, but their laws can be overridden by the
Parliament + Laws made by Parliament on state subjects become inoperative six
months after emergency has ceased to operate + President can issue ordinances on
state subjects also if the Parliament is not in session + 42nd CAA- two consequences
mentioned above (executive and legislative) extends not only to a state where the
Emergency is in operation but also to any other state.
 Financial: President can modify the constitutional distribution of revenues between
the centre and the states + Such modification continues till the end of the financial
year in which the Emergency ceases to operate.
o Effect on the Life of the Lok Sabha and State Assembly
 Life of Lok Sabha may be extended beyond its normal term (five years) by a law of
parliament for one year at a time.
 Extension cannot continue beyond 6 months after emergency ceased to operate.
 Parliament can also extend the term of any state legislative assembly for one year at a
time; subject to a maximum period of 6 months after emergency ceased to operate.
o Effect on the Fundamental Rights
o Article 358: suspension of rights under Article 19 during emergency
o Article 359: suspension of other Fundamental rights, except those under Article 20
and 21
o Suspension of Fundamental Rights under Article 19: Article 358 : when a
proclamation of national emergency is made, the six Fundamental Rights under
Article 19 are automatically suspended.
o No separate order for their suspension is required.
o Rights under Article 19 can be suspended only when National emergency is declared
on grounds of external aggression or war, not on grounds of armed rebellion (44th CA
1978)
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o Only those laws which are related to the Emergency are protected from being
challenged, not other laws.
o When emergency ends, Article 19 is automatically revived.
o When national emergency ceases to operate, Article 19 automatically revives and
come into force. No remedy lies for anything done during Emergency even after
emergency expires.
o Suspension of other Fundamental Rights: Article 359: President to suspend right
to move any court for enforcement of FRs; F.Rs as such are not suspended but only
their enforcement.
o 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways:
President cannot suspend the right to move the Court for the enforcement of
fundamental rights guaranteed by Articles 20 to 21 + Only those laws which are
related with the emergency are protected from being challenged and not other laws
and the executive action taken only under such a law, is protected.
 Distinction Between Articles 358 and 359
o Article 358 is confined to Fundamental Rights under Article 19 only whereas Article 359
extends to all those Fundamental Rights whose enforcement is suspended by the
Presidential Order.
o Article 358 automatically suspends the fundamental rights under Article 19. Article 359
does not automatically suspend any Fundamental Right
o Article 358 operates only in case of External Emergency and not in the case of Internal
Emergency; Article 359 operates in case of both External Emergency as well as Internal
Emergency
o Article 358 suspends FRs under Article 19 for entire duration of Emergency while Article
359 suspends the enforcement of Fundamental Rights for a period specified by the
president
o Article 358 extends to the entire country whereas Article 359 may extend to the entire
country or a part of it.
o Article 358 suspends Article 19 completely while Article 359 does not empower the
suspension of the enforcement of Articles 20 and 21.
o Article 358 enables the State to make any law or take any executive action inconsistent
with Fundamental Rights under Article 19 while Article 359 enables the State to make
any law or take any executive action inconsistent with those Fundamental Rights whose
enforcement is suspended by the Presidential Order.
 Declarations made so far: proclaimed three times so far–in 1962, 1971 and 1975.
4. President’s Rule/State Emergency or Constitutional Emergency
 Grounds of Imposition: Article 355: Centre has a duty to ensure that the government of
every state is run in accordance with Constitution.
o Article 356: Centre can take over a state government on grounds of failure of
constitutional machinery.
o Article 365: Whenever a state fails to comply with or to give effect to any direction from
the Centre.

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 Parliamentary approval: Proclamation must be approved by both the houses of Parliament

within 2 months from date of its issue + If Lok Sabha is dissolved at the time of
proclamation, it can approve it within 30 days of reconstitution if the Rajya Sabha has
approved it in the meantime + Every approval and continuation needs a simple majority.
 Duration: If approved by both the houses of Parliament, continues for six months; can be
extended for a maximum period of 3 years with approval of Parliament every six months +
44th CAA: Beyond one year, President’s rule can be extended by 6 months at a time only
when two conditions are fulfilled:
o National Emergency should be operation in whole of India, or in the state, or in any part
of the state
o Election Commission must certify that the general state cannot be held on account of
difficulties elections to the legislative assembly of the concerned state cannot be held on
account of difficulties
 Revocation: By the President at any point of time; does not need Parliamentary approval.
 Consequences of President’s Rule: President extraordinary powers during P. rule-
o He can take up the functions of the state government and powers vested in the governor
or any other executive authority in the state.
o He can declare that the powers of the state legislature are to be exercised by the
Parliament.
o He can take all other necessary steps including the suspension of the constitutional
provisions relating to anybody or authority in the state.
 When President rule is imposed in state, President dismisses the state C.O.M headed by
Chief Minister.
 State governor on behalf of President carries on state administration with help of chief
secretary of the state or advisors appointed by President.
 The President either suspends or dissolves the state legislative assembly. The Parliament
passes the state legislative bills and the state budget.
 When the state legislature is thus suspended or dissolved:
o Parliament can delegate the power to make laws for the state to the President or to any
other authorityspecified by him in this regard;
o Parliament, the President or any other specified authority can make laws conferring
powers and imposing duties on the Centre or its officers and authorities,
o President can authorize, when the Lok Sabha is not in session, expenditure from the state
consolidated fund pending its sanction by the Parliament
o President can promulgate, when the Parliament is not in session, ordinances for the
governance of the state.
 A law made by the Parliament or president or any other specified authority continues to be
operative even after the President’s Rule.
 Dr BR Ambedkar: hoped Article 356 to be a dead-letter and would be used only as a
measure of last resort.

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 Scope of Judicial Review

o 38th Amendment Act of 1975: It made satisfaction of the President in invoking Article
356 final (could not be challenged in any court on any ground.)
o 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond
judicial review.
o SR Bommai case
 Presidential proclamation is subject to judicial review.
 Satisfaction of the President has to be based on relevant material.
 Burden lies on Centre to prove that relevant material exist to justify imposition of
President’s rule.
 If the Court holds that proclamation was unconstitutional and invalid, it can restore
the dismissed state government and revive the state Legislative assembly.
 State leg assembly can be dissolved only after the Parliament has approved the
Presidential proclamation until then, the President can only suspend assembly.
 Secularism is a basic feature of the constitution.
 Financial Emergency
o Grounds of Declaration
 Article 360: President can proclaim a financial emergency it S/he is satisfied that the
financial stability or credibility of India or any part of its territory is threatened
 44th CA 1978: Satisfaction of the President is subject to judicial review.
o Parliamentary approval
 Both Houses must approve the Presidents proclamation within 2 months.
 If Lok Sabha is dissolved, the it must approve it within 30 days of reconstitution,
given that the Rajya Sabha approves it in the meantime.
 Resolution approving proclamation can be either house of Parliament only by a
simple majority.
o Duration: Once approved by both houses, continues indefinitely till it is revoked.
 there is no maximum period prescribed for its operation; and
 repeated parliamentary approval is not required for its continuation.
o Revocation
 Does not need parliamentary approval
 Can be revoked by the President at any time

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o Effects of Financial Emergency

 Centre can direct states to observe financial propriety
 Directions by the Parliament can include provisions for reduction of
salaries/allowances of persons serving in the State
 Reservation of all money bills and other financial bills for the consideration of the
President after they are passed by the State
 President can direct the reduction of salaries/ allowances of persons serving the
Union, and the judges of the SC and HCs
 Centre gets full control over the States financial matters
 No financial Emergency has been declared so far.
o Criticism of Emergency Provisions
 HV Kamath = totalitarian and police state.
 KT Shah = A chapter of reaction and retrogression.
 TT Krishnamachari = President and Executive exercising constitutional dictatorship.
 HN Kunzru = Serious threat to financial autonomy of states.
 Alladi Krishnaswami Ayyar = Life-breath of constitution.
 Mahabir Tyagi = safety valve

******

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Chapter-2
PRESIDENT
1. Introduction: Articles 52 to 78 in Part V of the constitution deal with Union Executive.
President is head of Indian state and first citizen of India. The office of the President came into
existence immediately after the constitution was adopted on 26 November 1949.
2. Article 53 : It vests the executive power of union in the President and shall be exercised by him
either directly or through officer subordinate to him in accordance with the constitution.
3. Union Executive consists of President, Vice-President, Prime Minister, Council of Ministers and
Attorney general of India.
4. Qualification for election as a President
 Citizen of India + completed the age of 35 years.
 qualified for election as a member of Lok Sabha.
 He should not hold office of profit under Union government or State government or any
public authority
 Note: Sitting President of Vice-President of Union, Governor of any state and a minister of
Union or any state is not deemed to hold any office of profit.
 Nomination subscribed by at least 50 electors as proposers and 50 electors as seconders.
 Security deposit liable to forefeited in case of candidate fails to secure 1/6th of votes polled.
5. Oath or Affirmation by President
 Faithfully execute the office;
 Preserve, protect and defend the constitution
 Devote himself to service and well-being of the people
 Oath of President is administered by Chief Justice of India and in his absence, senior most
judge of SC available.
6. Conditions of President’s Office
 He/she should not be a member of either house of Parliament or house of State legislature.
 Not hold any office of profit.
 entitled without payment of rent to the use of his official residence; also entitled to such
emolument and allowance and privileges as may be determined by the Parliament by law.
 He enjoys personal immunity under Article 361 from legal liability of his official acts of
commission and omission.
 immune from any criminal proceedings during his term of office; cannot be arrested or
imprisoned.
 However, civil proceedings can be instituted against him during his term of office in respect
of his personal acts, after giving two months’ notice.
 The emolument and allowance of the President cannot be diminished during his term of
office.
 Enjoys personal immunity from legal liability for his official acts.

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 Immune from any criminal proceedings, even in respect of his personal acts. He cannot be
arrested or imprisoned
 After two months notice: civil proceedings can be instituted against him during his term of
office in respect of his personal acts.
1. Election of the President of India
 The President is elected by members of electoral college consisting of:
o Elected members of both Loksabha and Rajya sabha
o Elected members of legislative assemblies of states.
o Elected member of legislative assemblies of UT (Delhi and Puducherry)
 Note: The nominated members (of LS +RS +SLA’s), members of legislative council (elected
and nominated) and nominated members of leg assemblies of Delhi and Puducherry do not
participate in election of President.
 Election process
o Vote of MLA= (Total Pop. Of state)/ (No. of elected members x 1000)
o Vote of MP= Total value of votes of MLA/ Total no. of elected members of (LS+RS)
o Value of Vote of each MLA varies from Stateto state
o Election by proportional representation by means of single transferable vote and voting
secret Ballot.
o All disputes with elections of president resolved by Supreme Court.
o If election of President is declared void by SC, acts done by him before date of such
declaration of SC are not invalidated and continue to remain in force.
2. Term of Office of President
 Hold office for a term of 5 years
 Even after the expiry of his term: continue in the office until his successor enters.
 Eligible for re-election any number of times.
 resign his office by writing to the Vice-President.
 He may be removed from office for violation of the Constitution by the process of
impeachment.
3. Impeachment (Article 61)
 only on the grounds of violation of the constitution.
 Constitution does not define phrase ‘violation of the constitution’.
 power of impeachment vested in the Parliament.
 It is a quasi-judicial process.
 All the elected and nominated members of the Parliament take part in the impeachment
process.
 Members of the State Legislature do not participate in the impeachment process of the
President.
 It can be initiated in either house of the Parliament.
 Signed by 1/4th member and 14 days notice to president
 Resolution passed by Special majority by both houses.
 President has right to appear and to be represented at such investigation.

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 Nominated members of LS+RS can participate in impeachment.

 Elected members of SLA’s and UTs of Delhi and Puducherry do not participate in
impeachment of President.
 No President has so far been impeached.
4. Vacancy in President Office
 Ways of vacancy: Expiry of the term; Death; Resignation; Impeachment of the President;
when the election is declared void by the Supreme Court or he has become disqualified to
hold the office anymore.
 If office falls vacant by resignation, removal, death or otherwise, election to be held within 6
months.
 Vice-President acts as President until a new President is elected.
 Vice-President becomes vacant: Chief Justice of India (or seniormost judge of SC available)
acts as President + He enjoys all the powers and immunities as well as salary, allowance and
privileges which are available to the President under the Constitution.
5. Powers and Functions of President
 Executive Powers: Executive Power of Union of India is vested in President.
o All executive actions of GOI are formally taken in his name.
o Make rules for transaction of business of union government
o Appoints- PM, Council of Ministers, Attorney General, CAG, Governors, etc;
o Declare any area scheduled area
o Appoint an inter-state council
 Legislative Powers
o Integral part of the Parliament
o summons house at least twice a year or prorogues either House of Parliament and
dissolves the Lok Sabha.
o Summon both houses for joint sitting for debating or voting on a bill in case of deadlock.
o At commencement of 1st session after every general election, the President delivers an
address.
o Appoint speakers and deputy speakers when office vacant;
o Nominates 12 personalities to Rajya Sabha
o Decides disqualification of members with Election commission;
o Issue Ordinance
o Every Bill passed by the Parliament must receive the President’s assent before it can
become an Act.
o give his assent or withhold his assent or return it for reconsideration by Parliament with
his own suggestion, a Bill other than a Money or Constitutional Amendment Bill.
o Parliament may accept his suggestion or reject it but if it is again sent for the President's
assent now the President has to give his assent.
o When a bill passed by State legislature is reserved by governor for consideration of
President: the President can give his assent; withhold his assent; direct the governor to
return the bill for reconsideration of state legislature. (Note: Not obligatory for President
to give his assent even if bill is passed again by state legislature).

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o Make regulations for A&N islands, Lakshadweep, Dadra and Nagar Haveli; Daman and
Diu.
o Puducherry: President can legislate only when assembly is suspended or dissolved.
o Makes certain reports and statements to be laid before the Parliament.
 Annual Financial Statement and the Supplementary Statement.
 report of CAG
 Recommendation made by the Finance Commission.
 Report of UPSC, explaining reasons where any advice of the Commission has not
been accepted.
 report of National Commissions of Scheduled Castes and Scheduled Tribes.
 report of a Special officer for Linguistic minorities.
 report of the commission on the backward classes.
o Bills which need prior permission of President before introduction:
 Bill that seeks to alter the boundaries of the states and names of the states.
 Money Bill; Finance Bill.
 Bill involving taxation or distribution of financial resources to the States.
 Bill that seeks to restrict freedom of trade.
 Financial Powers
o Prior recommendation needed for money bill introduction;
o Lay before Parliament the annual financial statement;
o No demand for grant except on his recommendation
o control over the Contingency Fund of India;
o constitute Finance Commission after every 5 years;
 Judicial Powers
o Appoints CJI, Judges of SC & HC;
o seek advice from SC, however advice tendered by SC is not binding on President
o Grant Pardon; reprieve; respite and remission; suspend, remit or commute punishment of
any person convicted of any offence:
 Where the punishment or sentence is by a court-martial.
 Where the punishment is for an offence against Union law.
 In all cases where a person is sentenced to death.
o pardoning power to exercise on the aid and advice of CoM.
o no specific guidelines to the President on the exercise of his pardoning powers.
 Diplomatic Powers
 International Treaties and agreements approved by the Parliament are negotiated and
concluded in the name of the President.
 Represent India in international forums and affairs.
 He sends and receives ambassadors and other diplomatic representatives.
 Military power
 Supreme Commander of the Armed Forces.
 power to declare war and peace but his military power is subject to the regulation of law.
 appoints Chief of the Army, Chief of the Navy and Chief of the Air Force.
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 Veto Power
 A bill passed by Parliament can become an act only if it receives assent of President.
 Three alternatives under Article 111: Assent, withhold, Return (if not money bill) for
reconsideration of Parliament. If bill is passed again by Parliament with or without
amendments and again presented to President, the President must give his assent to the bill.
 President of India enjoys 3 Veto power (No Qualified Veto i.e. overridden by legislature
with Higher Majority).
 Absolute Veto: To Withhold his Assent to Bill then Bill ends; it is available for- Private
Members bill and when Cabinet Resigns
 Suspensive Veto: When he returns bill for reconsideration; No suspensive Veto available
for Money Bill
 Pocket Veto: Simply keeping Bill pending for indefinite time (no action); USA:
President has to return the bill for reconsideration within 10 days.
 No Pocket Veto available for Constitutional Amendment Bill (24th CAA of 1971 made it
obligatory for President to give his assent to a constitutional amendment bill).
 President’s Veto power over State Legislation: Article 200 & 201 gives powers to
the Governor of the state to reserve a Bill passed by the state legislature, for the consideration
of the President.
 president may give assent or withhold the Bill.
 If it is not a money Bill, then he can return it for reconsideration to state legislation.
 After the state legislature returns the Bill to him, he either gives assent or withhold it.
 Unlike union legislation, president is not bound to give his assent to the Bill which has
been resent by the state legislature after reconsideration.
 Thus, in the case of state Bill, the president has the absolute veto, pocket veto and
suspensive veto.
 Ordinance-making power of President (Article 123): President to promulgate ordinance
during recess ofparliament.
o Promulgate only when both(LS+RS) not insession or either of house not in session.
 Only when he is satisfied that circumstances exist that render it necessary for him to
take immediate action;
 Cooper case (1970): President satisfaction can be questioned in a court on ground of
malafide.
 44th Amendment act: Satisfaction is under Judicial Review
 When parliament reassembles both houses must approve to become Act (Expiry-6
weeks; Max. Life- 6 Months 6Weeks)
 Can issue ordinance only on advice ofCouncil of ministers
 It cannot be used to amend the constitution.
 Ordinance making power of president is coextensive with parliament but not parallel.
 Can be retrospective; may modify or repeal any act of Parliament or another
ordinance.
 It can amend a tax law also.
 Rules of Lok sabha: Whenever a bill seeking to replace an ordinance is introduced in
house, a statement explaining circumstances that had necessitated should also be
placed before legislature.
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 Is The President's Ability to Issue Ordinances Justiciable?

o 38th Amendment Act added a new Clause (4) to Article 123, which states that the
President's satisfaction with the issuance of the ordinance is final and cannot be appealed
to the court for any reason.
o 44th amendment : made the President’s satisfaction subject to judicial review, stating
that the president's powers could be challenged in court of law, if it is based on bad faith,
corrupt motives, or has any malaise of intent.
o In Cooper case, (1970): President’s satisfaction can be questioned in a court. Thus, the
President’s satisfaction is justiciable on the ground of malafide. \
o S.R. Bommai v. Union of India: scope of Judicial Review was expanded and any action
by the President taken without the relevant materials, would be considered to be in bad
faith.
 Pardoning Power of President (Article 72)
o It is an executive Power; Independent ofJudiciary
o President while exercising this power, does not sit as a court of appeal.
o Pardon: Completely absolves conviction
o Commutation: Substitution to lighter punishment
o Remission: Reducing Period without changing character of punishment
o Respite: Lesser sentence than original due to special facts- pregnancy, disability,etc
o Reprieve: Stay on execution for temporary period.
 Differences between pardoning powers of governor and President
o President can pardon sentences inflicted by court martial while governor cannot;
o President can pardon death sentence while governor cannot.
 42nd CAA, 1976: made President bound by the advice of CoM headed by Prime Minister.
 44th CAA, 1978: President may return a matter once for reconsideration of his ministers, but
reconsidered advice shall be binding.
 No constitutional discretion; only situational discretion:
o Appointment of PM and Com when No majority in Lok Sabha or when PM dies inoffice
o Dismiss CoM if no confidence motion approved
o Dissolve Loksabha if CoM lost Majority
 Important facts
o DR RAJENDRA PRASAD- Twice President
o SANJEEVAN REDDY-Unopposed in 1977
o ZAKIR HUSSAIN-Died in office in 1969
o V.V GIRI-Acting President

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Chapter - 3
VICE-PRESIDENT
1. Introduction: The Vice-President occupies the second highest office in the country. He is
accorded a rank next to President in official warrant of precedence. The office is modelled on the
lines of American Vice President.
2. Constitutional Provisions
 Article 63 : there shall be a vice-president of India
 Article 64 : Vice-President shall be the ex-officio Chairman of the Rajya Sabha
 Article 65 : Vice-President shall act as President in the vacancy of office of the President
until the new President is elected.
 Article 66 : Election of the Vice-President.
 Article 67 : Term of Office of Vice-President.
 Article 68 : Vacancy of office of the Vice-President.
 Article 69 : Oaths & Affirmation by the Vice-President.
 Article 71 : matters relating to or connected with, the election of a President and Vice-
President.
3. Election
 Not directly elected by people but elected by members of electoral college- Both Houses -
Consists both Elected and Nominated members of both houses
 Not includes members of State Legislature Assembly & UT
 Election by proportional Representation by single transferable vote and voting done by secret
ballot.
 Any disputes related to the election of the Vice-President are inquired into and decided by
the supreme court whose decision is final.
 Election to the office of the Vice-President is conducted by the Election Commission of
India.
 The election of the next Vice-President is to be held within 60 days of the expiry of the term
of office of the outgoing Vice-President.
4. Qualifications
 citizen of India + minimum 35 years of age + qualified for the election as a member of the
Rajya Sabha + not hold any office of profit.
 For nomination to election: a candidate must be subscribed by at least 20 electors from MPs
as proposers and 20 electors as seconders.
 Sitting President or Vice-President, governor of any state and a minister for union or any
state is not deemed to hold any office of profit.
 Oath administered by President or some person appointed on his behalf.
5. Conditions of office: Not be a member of either House of Parliament or a House of the state
legislature + shouldn't hold any other office of profit. Constitution has not fixed emoluments:
draws regular salary as ex-officio chairman of Rajya Sabha.

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6. Term of office
 Five years; Resign by addressing letter to President
 Formal impeachment is not required for removal
 can be removed from office by resolution of RajyaSabha passed by special majority and
agreed by Loksabha.
 At least 14 days notice given; no grounds for removal mentioned.
 If office falls vacant by resignation, removal, death or otherwise, election to fill vacancy
should be held as soon as possible;
 newly-elected remains in office for a full term of five years.
7. Election disputes
 Any disputes related to the election : inquired into by SC whose decision is final.
 If election declared void; acts done by him before date of such declaration of SC are not
invalidated.
8. Powers and Functions
 Ex-Officio Chairman of RS (resembles Amercian Vice-President who also acts as
Chairman of Senate)
 VP acts as President when there is vacancy in president’s office due to death/removal.
 Acts as President only for a maximum period of six months.
 While acting as President, he does not perform duties of Chairman of RS.
9. Indian and American Vice-Presidents
 American VP succeeds to presidency when it falls vacant and remains President for
unexpired term of his predecessor;
 Indian VP does not assume office of President when it falls vacant for unexpired term; he
merely serves as an acting President.
10. Important Facts: R S Radhakrishna elected as Vice-President for two terms; Krishnakant first
VP to die serving office.

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Chapter - 4
PRIME MINISTER
1. Introduction: President = nominal executive authority (de jure executive); Prime Minister= real
executive (de facto executive). President is head of the state while Prime Minister is the head of
the government.
2. Appointment of Prime Minister
 Constitution does not contain any specific procedure for selection and appointment.
 PM is appointed by President
 Conventions: President has to appoint leader of majority party in LS as PM.
 no party is in majority : President may exercise his discretionary power to appoint the
leaders of the largest or the coalition party as PM + ask him to seek a vote of confidence in
the house within a month.
 On death of incumbent PM, ruling party elects a new leader (President has no choice).
 1997: SC held that person not member of either house can be appointed as PM for 6 months
within which he should become member of any house.
 Britain : PM should definitely be a member of lower house.
 Term: Not Fixed; and hold office during pleasure of president.
3. Oath, term and salary
 President administers his oath.
 Term of PM is not fixed and holds office during pleasure of President.
 So long as PM enjoys majority support in LS, he cannot be dismissed by President.
 Salary, allowances determined by Parliament; salary and allowances payable to a member of
Parliament.
4. Powers and Functions
 In relation to CoM
o recommends a person to the President for appointment as ministers.
o allocates and reshuffles the portfolios among the ministers.
o can ask for the resignation of any minister.
o presides over the meeting of the Council of Ministers.
o He guides, directs, controls and coordinates the activities of all the ministers.
o If the PM resigned from his office the Council of Ministers also collapsed.
 In relation to President
o principal channel of communication between the President and Council of Ministers.
o PM has to communicate decision of CoM relating to administration of affairs of the
Union and the proposal for legislation to the President.
o advises the President regarding the appointment of the various important officials like
Attorney General, CAG, Chairman and member of the UPSC, Chairman and member of
the Finance Commission and so on.

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 In relation to Parliament
o leader of the lower house.
o advise President about the prorogue and summoning of sessions of the Parliament.
o recommend the dissolution of the Lok Sabha at any time to the President.
o announces the government policies on the floor of the houses.
 Other Powers and Functions
o chairman of Niti Aayog, NDC, National Integration Council, National Water Resource
Council and Inter-state council.
o chief spokesman of the Union government.
o Crisis-manager in chief at political level during emergencies.
 Role descriptions
o Lord Morely: Primus inter pares and key stone of cabinet arch
o William Vernor Harcourt: inter stellas luna minors (moon among lesser stars)
o Munro: captain of ship of the state
o Ramsay Muir: steersman of steering wheel of ship of the state.
 Relationship with President
o Article 74 : there shall be a CoM with PM at the head to aid and advise the President.
o Article 75 mentions three things:
 the President appoints the PM and other ministers are appointed by the President on
the advice of the PM;
 Ministers hold their office during the pleasure of the President;
 Council of Ministers is collectively responsible to the Lok Sabha.
o Article 78 : PM communicates all decisions made by CoM to the President.
The President can also refer issues for the consideration of the council of members.

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Chapter - 5
CENTRAL COUNCIL OF MINISTERS
1. Introduction: Council of Ministers headed by Prime Minister is the real executive authority in
our politico-administrative system.
2. Constitutional Provisions
 Article 74: CoM to aid and advice President + President may require CoM to reconsider
such advice and President shall act in accordance with advice tendered after reconsideration
+ Advice tendered shall not be inquired in any court.
 Article 75: PM shall be appointed by the President and the other Ministers shall be appointed
by the President on the advice of PM. Other provisions:
o Total number of CoM + PM shall not exceed 15% of total members of LS (91st CAA
2003).
o CoM holds office during pleasure of President.
o When No-Confidence motion passed in Lok Sabha: all ministers including those
ministers who are member of RS have to resign (Collective responsibility).
o Salaries and allowances of ministers determined by Parliament.
o Minister who is not MP for any period of 6 consecutive months: cease to be a minister.
o If Members of either house disqualified on the grounds of defection: also disqualified to
be appointed as Ministers.
 Article 77- Conduct of Business of GoI: All executive action of GoI in the name of
President + President makes rules for more convenient transaction of business.
 Article 78- Duties of Prime Minister: Communication to President all decisions of CoM +
Furnish information relating to admn. of affairs of Union and proposals for legislation.
 Article 88- Rights of Ministers as respects the house: Every Minister has right to speak
and take part in proceedings of either house; joint sittings; any committee of Parl. of which
he may be named member. [But NOT entitled to vote].
 Nature of advice by Ministers: 42nd and 44th CAA made advice binding on President +
cannot be inquired by any court + SC: Even after dissolution of LS, CoM does not cease to
hold office; Satisfaction of President = Satisfaction of CoM.
 Appointment of Ministers
o PM appointed by President while other Ministers appointed by President on advice of
PM.
o A person not a member of either house, can be a minister but within 6 months, he must
become a member of either house of Parliament.
o Right to speak and to take part in proceedings of other house also [But can vote only in
house in which he is a member].
 Salary: Determined by Prime Minister from time to time. Minister salary = MP salary and
allowances + Sumptuary allowance, free accommodation etc.
 Collective responsibility: All Ministers own joint responsibility to LS + If no-confidence
motion passed, all ministers have to resign including ministers who are from RS + Cabinet
decisions bind all cabinet ministers + Every minister stand by cabinet decisions and support
them within and outside parliament.
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 President removes a Minister only on the advice of PM.

 No Legal responsibility of Minister.
 Categories of Ministers: Constitution does not classify the members of CoM into different
ranks. The classification is done informally following British practice.
o Cabinet Minister: Their number varies from time to time + always heads a Ministry and
is given independent charge of it, unless he is appointed a Minister without portfolio +
generally assisted by Minister of State or a Deputy Minister or both.
o Ministers of State: May be given independent charge of a Ministry + He cannot attend
the meetings of the Cabinet on his own right but can attend if invited.
o Deputy Minister: Junior member of CoM and not given independent charge of any
department + put under the charge of either minister of the cabinet rank or that of the
Minister of State so that he gets proper training + does not attend a Cabinet meeting.
 CoM: Implements decisions taken by Cabinet + Size and classification not mentioned in
constitution + Legislative sanction: Salaries and allowances act of 1952 defines a ‘Minister’
as a member of CoM + Collectively responsible to lower house.
 Cabinet: Usually once in a week to deliberate + supervises implementation of decisions by
CoM + Enforces collective responsibility of CoM to lower house.
o Ramsay Muir = Steering wheel of ship of state
o Lowell= keystone of political arch
o Gladstone = Solar orb around which other bodies revolve
o Barker= magnet of policy
o Bagehot = Hyphen that joins the buckle that binds executive and legislative depts.
together.

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Chapter - 6
CABINET COMMITTEES
1. Cabinet Committees: Extra constitutional body provided by Rules of Business.
 Set up by Prime minister as per requirement; number and composition varies from time to
time.
 Non-cabinet ministers are not debarred from their membership.
 Mostly headed by PM.
 Formulate proposals for consideration of Cabinet + Also take decisions but Cabinet can
review their decisions.
 Cabinet Committee chaired by PM- Appointment Committee; Economic Affair
Committee; Political Affair Committee; Security Committee; Investment and Growth
committee ;Skill Development committee.
 Parliamentary Affair Committee is chaired by Home Minister
 Political affairs committee described as “Super-Cabinet”.
 Cabinet secretariat: Preparation of agenda of Cabinet meetings + Secretarial assistance to
cabinet committees

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Chapter - 7
PARLIAMENT - I
1. Introduction: Union government's legislative organ is the Parliament + It is also known as
the 'Westminster' model of government + Part V of the Constitution : articles 79 to 122 deals
with the Parliament's organization, composition, duration, officers, procedures, privileges,
powers, and so on.
2. Article 79 : Parliament is made up of the President and two houses, the Lower House or House
of People and the Upper House or Council of States.
3. Organization of Parliament
 Lok Sabha + Rajya Sabha + President
 The President is not a member of either House and does not sit in Parliament : still he is an
integral part of Parliament as bill passed by both the Houses cannot become law without
President’s assent + He Summons and prorogues both the Houses ; Dissolves the LS;
Addresses both House; Issues ordinances when they are not in session etc.
4. Compositon of Rajya Sabha: Maximum strength: 250 + 238 elected indirectly + 12 nominated.
 At present, 245 members: 229 from states, 4 from UTs and 12 nominated
 Fourth Schedule: allocation of seats in the RS to states and UTs
 The representatives of states in the Rajya Sabha are elected by the elected members of state
legislative assemblies.
 Election is held in accordance with the system of proportional representation by means of the
single transferable vote.
 Seats allotted on the basis of population
 Representation of Union Territories: Indirectly elected by an electoral college constitute
specifically for this purpose + Proportional representation by means of a single transferable
vote + Only Delhi, Puducherry and Jammu & Kashmir have representation in the RS.
 Nominated Members: President nominates 12 people [special knowledge or practical
experience in art, literature, science and social service].
5. Composition of Lok Sabha
 maximum strength of the Lok Sabha is fixed at 552.
 530 members are to be state representatives , 20 members are UTs representatives.
 Representation of States: Directly elected by the people from the territorial constituencies
in the states + Election based on universal adult franchise + citizen who is above 18 years of
age and who is not disqualified under the provisions of the Constitution or any law is eligible
to vote at such election + voting age was reduced 18 years by 61st CAA, 1988.
 Representation of UTs: Constitution empowered Parliament to prescribe manner of
choosing the representatives of UTs in LS + Parliament enacted the Union Territories (Direct
Election to the House of the People) Act, 1965: members of LS from the union territories are
chosen by direct election.
 Nominated Members: President can nominate two members from the Anglo-Indian
community if the community is not adequately represented in the Lok Sabha.

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6. System of Elections to Lok Sabha

 For the purpose of holding direct elections, each state is divided into territorial
constituencies.
o Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio
between that number and its population is the same for all states [does not apply to a state
having a population of less than six millions].
o Each state is divided into territorial constituencies in such a manner that the ratio between
the population of each constituency and the number of seats allotted to it is the same
throughout the state.
7. Readjustment after each Census
 After every Census, the allocation of seats to LS per state, and the division of territorial
constituencies undergoes a revision.
 Parliament empowered to determine authority and manner in which it is to be made.
 Delimitation Commission Acts in 1952, 1962, 1972 and 2002.
 42nd CA 1976 froze allocation of seats till the year 2000 at 1971 Level.
 84th CA 2001 extended the ban till 2026.
 87th CA 2003: delimitation to constituencies to be done on the basis of 2001 census, without
altering the number of seats allotted to each state in the LS.
8. Reservation of Seats for SCs and STs
 Originally meant to last till 1960, has been extended ever since
 95th CA 2009: reservation until 2020
 For reserved seats, the entire electorate votes [No separate electorates].
 SCs and STs are not debarred from contesting general seats
9. Proportional representation for RS; Territorial representation for LS
10. Proportional representation: All sections get representation in proportion to their number;
Even the smallest group gets representation single transferable vote + India uses proportional
representation by means of elections of RS, State legislative council, President and VP.
11. Duration of Rajya Sabha: First constituted in 1952 + Continuing chamber and not subject to
dissolution + 1/3rd members retire every second year + Retiring members can be re-elected and
re-nominated any number of times + Representation of People’s act (1951): term of office of a
member of RS shall be 6 years.
12. Duration of Lok Sabha: Lok Sabha is not a permanent chamber + 5 year term from the date of
its first meeting + Automatically dissolves after the expiry of 5 years + President can dissolve the
LS before expiry of term: cannot be challenged in the court of Law + Term can be extended one
year at a time during a national emergency + Cannot continue 6 months after emergency has
ended.
13. Qualifications: Citizen of India + make and subscribe to an oath or affirmation + not less than
30 years of age in the case of RS and not less than 25 years of age in the case of the LS + must
possess other qualifications prescribed by Parliament.
14. Additional qualifications in the Representation of People Act (1951): Registered as an elector
for a parliamentary constituency + candidate contesting an RS seat does not need to be an elector
from that particular state + Must be an SC or ST to contest a seat reserved for SCs and STs. SCs
and STs can contest general seats.
15. Disqualifications under constitution: If he holds any office of profit under the Union or state

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government (except that of a minister or any other office exempted by Parliament) + if he is of

unsound mind and stands so declared by a court + If he is an undischarged insolvent + if he is
not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any
acknowledgement of allegiance to a foreign state; and if he is so disqualified under any law made
by Parliament.
16. Disqualifications in the Representation of People Act (1951):
 not have been found guilty of certain election offences or corrupt practices in the
elections.
 not have been convicted for any offence resulting in imprisonment for two or more years
 [Note: Detention of a person under a preventive detention law is not a disqualification]
 not have been convicted for promoting enmity between different groups or for the offence of
bribery.
 not have been punished for preaching and practising social crimes such as untouchability,
dowry and sati.
 On the question whether a member is subject to any of the above disqualifications, the
President's decision is final. However, he should obtain the opinion of the election
commission and act accordingly.
17. Disqualification on Ground of Defection
 A person shall be disqualified from being a MP if he is so disqualified on the ground of
defection under Tenth Schedule
 A member incurs disqualification under the defection law:
o if He voluntary gives up the membership of the political party on whose ticket he is
elected to the House;
o if He votes or abstains from voting in the House contrary to any direction given by his
political party;
o if any independently elected member joins any political party; and
o if any nominated member joins any political party after the expiry of six months.
 The question of disqualification under 10th Schedule is decided by the Chairman in the case
of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India).
 In 1992, SC ruled that the decision of the Chairman/Speaker in this regard is subject to
judicial review
18. Vacating of Seats
 Double Membership: A person cannot be a member of both Houses of Parliament at the
same time + Representation of People Act (1961) provides for the following:
o If a person is elected to both the Houses of Parliament: intimate within 10 days in which
House he desires : In default, his seat in the Rajya Sabha becomes vacant.
o If a sitting member of one House is also elected to the other House, his seat in the first
House becomes vacant.
o If a person is elected to two seats in a House, he should exercise his option for one.
otherwise, both seats become vacant.
o Similarly, a person cannot be a member of both the Parliament and the state legislature at
the same time. if a person is so elected, his seat in Parliament becomes vacant if he does
not resign his seat in the state legislature within 14 days.
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 Disqualification: If a member of Parliament becomes subject to any of the disqualifications

specified in the Constitution, his seat becomes vacant.
 Resignation
o A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of
Lok Sabha
o seat falls vacant when the resignation is accepted., However, the Chairman/Speaker may
not accept the resignation if he is satisfied that it is not voluntary or genuine.
 Absence: A House can declare the seat of a member vacant if he is absent from all its
meetings for a period of sixty days without its permission.
 Other cases: A member has to vacate his seat in the Parliament:
o if his election is declared void by the court;
o if he is expelled by the House;
o if he is elected to the office of President or Vice-President; and
o if he is appointed to the office of governor of a state.
 Oath or Affirmation: to bear true faith and allegiance to the Constitution of India; to uphold
the sovereignty and integrity of India; and to faithfully discharge the duty upon which he is
about to enter.

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Chapter - 8
PARLIAMENT - II
1. Salaries and allowances of Members of Parliament
 Determined by Parliament, and there is no provision of pension in the Constitution.
 Salaries and allowances of the Speaker of LS and Chairman of RS determined by Parliament:
charged on the Consolidated Fund of India
 No provision of pension in constitution; Parliament has provided it.
 Sumptuary allowance paid to speaker of LS at same rate payable to Cabinet Minister.
2. Speaker of Lok Sabha
 Elected by LS from amongst its members.
 Date and election of Speaker is fixed by President.
 Vacate office in three cases: if cease to be a member of LS + resigns by writing to dep
speaker + removed by resolution passed by majority of all members of LS.
 Removal resolution under consideration: he can vote in first instance [Not in case of equality
of votes].
 When LS dissolved; he continues till newly elected LS.
 His decision in all parliamentary matter is final + Final interpreter of constitution within the
house.
 Sources of Power: Constitution, Rules of Procedure and Conduct of business of LS,
Parliamentary conventions.
 Adjourns house or suspend if no quorum
 Casting Vote in case of Tie [Note: He can not vote in 1st instance]
 Presides over joint sitting of two houses
 Decides whether a bill is a money bill or not
 Decides disqualification of members on the grounds of defection in 10th schedule
 Ex-officio chairman of Indian Parliamentary Group
 Chairman of Business Advisory committee; Rules Committee; General purpose committee
 Removed only by resolution passed by an Absolute Majority- 14 days notice
should be given; support of atleast 50 members.
 Speaker is at higher rank than all cabinet ministers
 In India Speaker does not resign from party; in Britain Speaker is non-party person.
 Seventh rank in order of precedence along CJI.
3. Deputy Speaker of Lok Sabha
 Elected by Loksabha among its member itself
 Dep speaker is not subordinate to speaker
 Date of election is fixed by Speaker.
 Presides over joint sitting in case speaker is absent.
 Whenever appointed as member of Parl. committee, he automatically becomes its chairman.

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 Since 11th LS: Consensus- Dep speaker comes from opposition party
 Speaker and Dep speaker do not make and subscribe any separate oath or affirmation.
 Speaker and Dep. Speaker originated in India in 1921 under provisions of GOI 1919.
 1921: Frederick Whyte and Sachidanand Sinha appointed by GG of India as first speaker
and first deputy speaker.
 1925: Vithalbhai J Patel became first Indian and first elected speaker of central legislative
assembly.
 GV Mavlankar- First speaker of LS.
 Ananthasayanam Ayyangar- First Deputy speaker of LS.
4. Panel of Chairperson in Lok Sabha
 Rule of Loksabha- speaker nominates panel of 10 members; anyone of them can preside if
office of speaker and deputy speaker is absent.
 Member of panel of chairperson cannot preside over house, when office of speaker of deputy
speaker is vacant.
 During such time, Speaker’s duties are performed by member of house as appointed by
President.
5. Speaker Pro Tem
 President appoints a member of lok sabha as speaker pro tem (temporary).
 President himself administers oath
 His main duty is to administer oath to new members.
6. Chairman of Rajya Sabha
 Articles 64 and 89 (1) : Vice-President shall be ex-officio Chairman of Rajya Sabha and
shall not hold any other office of profit.
 Can be removed from his office only if he is removed from the office of the Vice-President.
 Unlike the Speaker, the Chairman is not a member of the House.
 Cannot vote in the first instance and can only cast a vote in the case of an equality of votes.
 Salaries fixed by the Parliament and are charged on the Consolidated Fund of India.
7. Deputy chairman of Rajya Sabha
 Elected by the Rajya Sabha itself from amongst its members.
 Constitutional position created under Article 89
 Vacates his office in any of the following three cases: If he ceases to be a member of the
Rajya Sabha + If he resigns by writing to the Chairman + removed by a resolution passed by
a majority of all the then members of the Rajya Sabha; 14 days’ advance notice.
 Cannot vote in the first instance- he/she can only exercise a casting vote in the case of a tie.
 Entitled to a regular salary and allowance, fixed by Parliament and is charged on the
Consolidated Fund of India.
8. Panel of Vice-Chairpersons of Rajya Sabha
 Rules of Rajya Sabha: Chairman nominates from amongst the members a panel of vice-
chairpersons and holds office until a new panel of vice-chairpersons is nominated.
 Any one of them can preside over the House in the absence of the Chairman or the Deputy
Chairman.

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 cannot preside over the House, when the office of the Chairman or the Deputy Chairman is
vacant.
 During such time, the Chairman's duties are to be performed by such members of the House
as the president may appoint for the purpose.
9. Secretariat of parliament: Headed by Secretary-general; appointed by presiding officer of the
house.
10. Leader of the House
 Rules of Lok Sabha: ‘Leader of the House’ means the Prime Minister (or another minister
who is a member of LS and is nominated by the PM).
 ‘Leader of the House’ in Rajya Sabha : Minister and a member of Rajya Sabha and is
nominated by PM to function as such.
 S/He exercises direct influence on the conduct of business.
 not mentioned in the Constitution but in the Rules of the House.
11. Leader of Opposition
 Leader of largest Opposition party having not less than 1/10th seats of total strength of the
House is recognised as the leader of the Opposition.
 accorded statutory recognition in 1977 and entitled to the salary equivalent to that of a
cabinet minister.
 not mentioned in the Constitution but in the Parliamentary Statute.
12. Whip
 Every political party, whether ruling or opposition has its own whip in the Parliament.
 Appointed by the political party to serve as an assistant floor leader
 Regulates and monitors their behaviour in the Parliament
 neither mentioned in Constitution nor in the other statues. It is based on the conventions of
the parliamentary government.
13. Sessions of Parliament
 Summoning: Specified in Article 85 of the Constitution + President summons each House of
Parliament from time to time + Maximum gap between two sessions cannot be more than six
months.
 Sessions: By convention, Parliament meets for three sessions in a year.
o Budget Session: Longest session, end of January <: the end of April.
o Monsoon Session: Second session, July <: August.
o Winter Session: Third session, November <: December.
 Adjournment: Suspends the work in a sitting for a specified time, which may be hours, days
or weeks.
 Adjournment Sine Die: When the meeting is terminated without any definite time/date
fixed for the next meeting.
 Power of adjournment + adjournment sine die lies with the presiding officer (Speaker or
Chairman) of the House.
 Prorogation: terminates a sitting as well as the session of the House + Done by the
President of India.

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Adjournment Prorogation
Only ends a sitting, not an entire House It not only ends a sitting, but also ends a
session. House session.
The presiding officer is its in-charge Carried out by the President of India.
No bearing on the bills or any other work  No bearing on any bills or other matters
before the House currently before the House.
 all current notices (save those for
proposing bills) expire, and new notices
must be issued for the next session.
14. Dissolution
 Ends very life of existing house + Once LS is dissolved before completion of its normal
tenure, dissolution is irrevocable.
 When LS is dissolved, all business pending before it or its committees expires, including
bills, motions, resolutions, notices, petitions, and so on.
 Some pending bills that is to be considered by Committee on Government Assurances, do not
expire when LS is dissolved.
 Conditions related to lapsing of bills:
o Bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or
transmitted to it by the Rajya Sabha).
o Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
o bill not passed by the two Houses due to disagreement and if the President has notified
the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
o bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
o bill passed by both Houses but pending assent of the president does not lapse.
o A bill passed by both Houses but returned by the president for reconsideration of Houses
does not lapse.
15. Quorum: Constitution has fixed one-tenth strength as quorum for both Lok Sabha and Rajya
Sabha.
16. Joint Session of Parliament: Article 108; called by the President and is presided over by
the Lok Sabha Speaker. In the speaker’s absence, the Deputy Speaker of the Lok Sabha presides
over the meeting. In the absence of both, it is presided over by the Deputy Chairman of the Rajya
Sabha.
17. Language in Parliament
 Constitution declared Hindi and English to be languages for transacting business in
Parliament.
 Official languages Act (1963) allowed English to be continued along with Hindi.
18. Rights of Ministers and Attorney General
 Every Minister and AG have right to speak and take part in proceedings of either house
without being entitled to vote.
19. Lame-duck session
 Last session of existing Lok Sabha after a new LS has been elected.

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20. Question Hour

 Mentioned in rules of procedure.
 First hour of every parliamentary sitting
 Starred questions: require oral answers; supplementary questions can follow.
 Unstarred questions: requires a written answers; supplementary questions cannot follow.
 Short notice questions: The matters of public importance and of urgent character are
considered under this type of questions + notice of less than ten days and are answered
orally.
21. Zero Hour
 Indian parliamentary innovation; not mentioned in the parliamentary rules book + MPs can
raise matters without any prior notice.
 starts immediately after the question hour and lasts until the agenda for the day is taken up.
22. Rules for Parliamentary Motions
 No discussion on a matter of general public importance can take place except on a motion
made with the consent of the Speaker/Chairman as the case may be.
 A written notice of motion must be delivered to the Secretary-General.
 Motions filed in front of tribunals or commissions are not accepted.
 Speeches on the motion may be limited in length by the Speaker/Chairman.
23. Privilege motion
 Moved by a member when he feels that a minister has committed a breach of privilege of the
House.
 Purpose: censure the concerned minister.
 It can be moved in Rajya Sabha as well as Lok Sabha.
24. Censure motion
 It should state the reasons for its adoption in the Lok Sabha.
 It can be moved against an individual minister or a group of ministers or the entire council of
ministers.
 moved to censure CoM for specific policies and actions.
 can be moved only in Lok Sabha.
25. Calling Attention motion
 introduced to call the attention of a minister to a matter of urgent public importance.
 It can be moved in Rajya Sabha as well as Lok Sabha.
 Indian innovation
 Mentioned in Rules of Procedure
26. Adjournment motion
 Introduced in the Lok Sabha to draw the attention of the House to a definite matter of urgent
public importance.
 involves an element of censure against the government: Rajya Sabha not permitted to use.
 moved only in Lok Sabha; needs support of 50 members to be admitted.
27. No-Confidence motion
 Article 75 : CoM shall be collectively responsible to LS.
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 Lok Sabha can remove the ministry from office by passing a no-confidence motion.
 needs the support of 50 members to be admitted.
 It can be moved only in Lok Sabha.
28. Censure motion Vs No-confidence motion

29. Motion of Thanks

 First session after each general election and the first session of every fiscal year is addressed
by the president.
 This motion must be passed in the House. Otherwise, it amounts to the defeat of the
government.
30. No-Day-Yet-Named Motion
 Admitted by the Speaker but no date has been fixed for its discussion.
 It can be moved in Rajya Sabha as well as Lok Sabha.
31. Closure motion
 Moved by a member to cut short the debate on a matter before the House.
 Simple Closure: It is one when a member moves that the ‘matter having been sufficiently
discussed be now put to vote’.
 Closure by Compartments: clauses of a bill or a lengthy resolution are grouped into parts
 Kangaroo Closure: only important clauses are taken up for debate and voting
 Guillotine Closure: undiscussed clauses of a bill or a resolution are put to vote along with
the discussed ones due to want of time.
32. Point of Order
 Raised by member when proceedings of the House do not follow the normal rules of
procedure.
 It should relate to the interpretation or enforcement of the Rules of the House.
 usually raised by an opposition member in order to control the government.
 extraordinary device; no debate is allowed on a point of order.
33. Half-an-Hour Discussion
 It is meant for discussing a matter of sufficient public importance.
 Speaker can allot three days in a week for such discussions.
 no formal motion or voting before the House.

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34. Short Duration Discussion

 Also known as two-hour discussion as the time allotted for such a discussion should not
exceed two hours.
 MPs can raise such discussions on a matter of urgent public importance.
 There is neither a formal motion before the house nor voting.
35. Special Mention
 A matter which is not a point of order or which cannot be raised during question hour, half-
an hour discussion, short duration discussion or under adjournment motion, calling attention
notice or under any rule of the House can be raised under the special mention in the Rajya
Sabha.
 Its equivalent procedural device in the Lok Sabha is known as ‘Notice (Mention) Under Rule
377’.
36. Resolutions
 Required to be vote; come in category of substantive motion.
 A member who moved resolution cannot withdraw except by leave of house.
 Private member resolution: alternate Fridays; moved by private member
 Government resolution: Monday to Thursday
 Statutory resolution: Moved either by private member or a minister.
37. Public Bill Vs Private bill

38. Types of Bills

 Ordinary bills: concerned with any matter other than financial subjects.
 Money bills: concerned with financial matters like taxation, public expenditure, etc.
 Financial bills: concerned with financial matters (but are different from money bills).
 Constitution Amendment Bills: concerned with the amendment of provisions of the
Constitution.
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39. Ordinary bills

 It can be introduced in either House of Parliament either by a minister or by any other
member. The bill is published in the Gazette of India.
 Bill in the Second House: Pass the bill as sent by the first house (i.e., without amendments)
+ Pass the bill with amendments and return it to the first House for reconsideration + Reject
the bill altogether + Not take any action and thus keep the bill pending.
 If second House rejects the bill altogether action for six months: President can summon a
joint sitting of the two Houses.
 Assent of the President: The President may give his assent to the bill + Withhold his assent
to the bill + Return the bill for reconsideration of the Houses.
40. Provisions that make Bill a Money Bill
 Any tax imposed, abolished, remitted, altered, or regulated.
 Regulation of the borrowing of money by the GOI.
 The payment of money into or the withdrawal of money from the Consolidated Fund of India
(CFI) or the Contingency Fund of India (CFI).
 Appropriation of money out of the CFI.
 Declaration of any CFI-charged expense or increase in the amount of any such expenditure.
 Receipt of funds on behalf of the CFI or the public account of India, or custody or
distribution of such funds, or audit of the Union's or a state's accounts.
41. Not to be deemed money bill if related to following:
 Imposition of fines or other pecuniary penalties.
 Fees for licences or fees for services given are demanded or paid.
 Any tax imposed, abolished, remitted, changed, or regulated by a local authority or entity for
local purposes.

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42. Joint sitting of two houses

 A deadlock is deemed to have taken place:
o If the bill is rejected by the other House.
o If the Houses have finally disagreed as to the amendments to be made in the bill.
o If more than six months have elapsed from receipt of the bill by the other House without
bill being passed by it.
 applicable to ordinary bills or financial bills only
 The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy
Speaker, in his absence. If both are absent, the Deputy Chairman of Rajya Sabha presides.
 Quorum is one-tenth of the total number of members of the two Houses.
 Governed by rules of procedure of Lok Sabha and not of Rajya Sabha.
 invoked only thrice: Dowry Prohibition Bill, 1960 + Banking Service Commission (Repeal)
Bill, 1977 + Prevention of Terrorism Bill, 2002.
43. Budget in Parliament
 President causes to be laid before both houses the Annual Financial Statement (Article 112).
 It contains the estimated revenues or expenditures of the government for a financial year.
 Expenditure on revenue account should be separated from other expenditure.
 Parliament can reduce or abolish a tax but can’t increase it.
 Demand for grants can be made only on recommendation of the president.
 No money shall be withdrawn from Consolidated fund except under appropriation made by
law.
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44. Charged Expenditure: It includes salaries, pensions or expenses of President, UPSC, CAG, SC
judge, Pensions of HC judges, Presiding or deputy presiding officer of LS and RS. Debt of the
Government of India, Amounts to satisfy any judgments, expense declared by parliament to be
charged on the fund.
45. Stages in Enactment
 Presentation of budget: Rajya Sabha can only discuss it and has no power to vote on
demand for grants.
 General discussions: No motions of reduction of grants or votes can be made. Finance
minister has the right of reply at end of discussion.
 Scrutiny by department committees: An in-depth scrutiny of demand for grants by
department is made by each departmental standing committee of parliament.
 Voting on the demand for grants: Lok Sabha only can vote on demand for grants and no
voting is allowed on the expenditure charged on the consolidated fund of India.
o Policy cut: Reduces allocation of grant to Re. 1 to indicate disapproval to a policy.
o Token cut: Reduce amount by Rs.100 to ventilate specific grievance
o Economy cut: Reduction by specific amount to suggest economic use of funds.
o Guillotine: 26 days are allotted for discussions and voting of the demand for grants at the
last day all remaining demands are put to vote and disposed.
 Appropriation bill: contains voted demand for grants and expense charged on the
consolidated fund of India + No amendments can be made on these in any house + This
allows expense from the consolidated fund + To overcome functional difficulty, advance
grant: Vote on account [granted for two months or 1/6th of total estimation].
 Finance bill is also presented containing provisions for taxation. It is like a money bill
however amendment can be moved seeking to reduce or remove a tax. This allows taxes to
be levied + legalized income side of budget.
46. Other grants
 Supplementary grant: Amount authorised by parliament is found insufficient
 Additional grant: extra amount upon some new service not contemplated in budget.
 Excess grant: Amount is spent in excess of the authorised amount; this has to be approved
by the Public accounts committee.
 Vote of credit: for meeting an unexpected demand.
 Exceptional grant: sanctioned for a special purpose
 Token grant: funds to meet a new expenditure can be met by transferred from one head to
another.
47. Various funds
 Consolidated fund of India: All revenues credited to the government; all loans received; all
payment received as repayment of loans given; are credited to this fund. No money can be
issued or withdrawn except by law.
 Contingency fund of India: To meet unforeseen circumstances parliament created this fund.
It is at the disposal of the president. Money can be issued pending authorization of
parliament. However, the finance secretary handles it; it is operated by executive action.
 Public account of India: Payment usually of the nature of banking transactions are made
from this account; It is operated by executive action; includes Provident fund deposits,
judicial deposits, savings bank deposits, departmental deposits or remittances etc.
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48. All ordinances issued by President must be approved by parliament within 6 weeks after its
reassembly.
49. Delegated legislation: Parliament makes laws in skeleton and authorizes executive to make
detailed rules.
50. Equal status of Rajya Sabha with Lok Sabha
 Intro and passage of ordinary bills
 Introduction and passage of constitutional amendment bills.
 election and impeachment of the President (Articles 54 and 61)]
 election of the Vice-President (Article 66)
 to make law defining parliamentary privileges and also to punish for contempt (Article 105)
 approve the Proclamation of Emergency (issued under Article 352), Proclamations regarding
the failure of the Constitutional machinery in States (issued under Article 356)
 receive reports and papers from CAG, UPSC, Special Officer for the Scheduled Castes and
Scheduled Tribes [Article 338(2)], Commission to investigate the conditions of the Backward
Classes [Article 340(3)] and Special Officer for Linguistic Minorities [Article 350 B (2)].
51. Unequal status with Lok Sabha
 Only the Lok Sabha can introduce a money bill under Article 110.
 Only the Lok Sabha can introduce a financial bill under Article 110 (1).
 Speaker of the Lok Sabha determines whether bills are Money Bills, whereas the Chairman
of the Rajya Sabha does not have this authority.
 Union Budget: the Rajya Sabha can only debate it and not vote on grant requests.
 A resolution for discontinuance of national emergency can be passed only by LS.
52. Special Powers of Rajya Sabha
 It can authorise the Parliament to make a law on a subject enumerated in the State List
(Article 249).
 It can authorise the Parliament to create new All-India Services common to both the Centre
and states (Article 312).
 It alone can initiate a move for the removal of the vice-president
53. Parliamentary Privilege
 Article 105 for Parliament and Article 194 for State Assemblies mentions two privileges, i.e.
freedom of speech in Parliament and right of publication of its proceedings.
 Rule No 222 of Lok Sabha Rule Book and correspondingly Rule 187 in Rajya Sabha
rulebook governs the parliamentary privileges.
 Extend to Attorney General and Union Ministers as well ; but do not extend to President.
 44th CAA: restored freedom of press to publish true reports of parl. proceedings without
prior permission of house [not applicable to secret sitting].
 Courts are prohibited to inquire into proceedings of house.
 Members cannot be arrested during session of parliament and 40 days before beginning and
40 days after end of session.
 Exempted from jury service: refuse to give evidence and appears as a witness when
parliament is in session.

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Chapter - 9
PARLIAMENTARY COMMITTEES
1. Introduction: The Constitution of India makes a mention of these committees at different
places, but without any specific provisions. All these matters are dealt by the rules of two houses.
2. Public Accounts committee
 GOI act 1919 prompted creation of the Committee on Public Accounts in 1921.
 Composition: 22 members (15 LS + 7 RS); elected by the parliament every year from
amongst its members + principle of proportional representation by means of a single
transferable vote.
 Term of members = one year + A minister cannot be elected as a member
 Chairman is appointed by the speaker from amongst the members.
 Until 1966-67, the chairman of the committee belonged to the ruling party.
 Since 1967 a convention : the chairman selected invariably from the opposition.
 Examine the annual audit reports of CAG; also looks from point of view of economy,
prudence, wisdom, propriety to bring out cases of waste, loss and corruption.
 Functions: Examine appropriation accounts and finance accounts of Union government +
Examine accounts of state corporations, trading concerns and manufacturing projects +
examine any money spent on any service throughout a fiscal year in excess of the amount
granted by the Lok sabha for that purpose.
 CAG acts as a guide, friend and philosopher of the committee.
3. Estimates committee
 Origin traced to standing financial committee set up in 1921.
 First Estimates Committee in the post-independence era constituted in 1950 on the
recommendation of John Mathai.
 Composition: Originally 25 members; raised to 30 in 1956.
 All the 30 members are from Loksabha only.
 Term of office is one year.
 Members are elected according to the principle of proportional representation by means of a
single transferable vote.
 No minister can be a member of the estimates committee
 Chairman is appointed by Speaker of the Loksabha from amongst its members and invariably
belongs to the ruling party.
 Also called the Continuous Economy Committee.
 Functions: suggest alternative policies to bring about efficiency and economy in
administration + To examine whether the money is well laid out within the limits of the
policy implied in the estimates + Committee may continue the examination of the estimates
from time to time, throughout the financial year and report to the house as its examination
proceeds.

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4. Committee on Public Undertakings

 Created in 1964 on recommendation of Krishna Menon committee.
 Originally 15 members; membership was raised to 22 in 1974 (15 LS + 7RS).
 Members elected according to principle of PR by means of STV.
 The term of office of the members is one year; Minister cannot be elected as a member.
 Chairman is appointed by the Speaker from amongst its members drawn from Lok Sabha
only.
 Functions: Examine CAG and auditor general's reports on public undertakings +
It determines if the PSU's affairs are handled in accordance with sound business and
commercial concepts and procedures + All Government Companies whose Annual Reports
are laid before two houses under section 619A (1) of Companies Act, 1956 are included in
the Committee's jurisdiction.
 It does not examine matters of day-to-day administration + matters of major government
policy as distinct from business or commercial functions of PSUs.
5. Departmental Standing Committees (DRSCs)
 On recommendation of Rules committee of LS, 17 DRSCs were set up in 1993 + increased to
24 in 2004.
 Objective: Secure accountability of Executive to Parliament.
 Composition: 31 members (21 LS + 10 RS).
 Tenure = 1 year
 A minister cannot hold the committee’s membership.
 24 standing committees : 16 departmental standing committees in LS and 8 departmental
standing committees in RS.
 The committees consider demands for grants of concerned ministries before they discussed
and voted in Lok Sabha.
 Its report should not suggest anything of the nature of cut motions.
6. Committee on Petitions : LS committee consists of 15 members and RS committee consists of
10 members.
7. Committee of Privileges: Semi-judicial in nature; LS Committee (15 members); RS committee
(10 members).
8. Committee on Government assurances: 15 members in LS + 10 members in RS.
9. Committee on Subordinate legislation: Scrutinizes and reports the house whether the power to
make regulations, rules, sub rules, by laws conferred by constitution or delegated by parliament
are being properly exercised by Executives + consists of 15 members in both the houses.
10. Committee on papers laid on table: LS committee consists of 15 members + RS committee
consists of 10 members + It does not examine statutory notifications and orders that fall under
jurisdiction of Committee on Subordinate legislation.
11. Committee on welfare of SCs and STs: 30 members (20 from LS and 10 from RS).
12. Committee on empowerment of women: 30 members (20 from LS and 10 from RS).
13. Joint committee on office of profit: 15 members (10 LS + 5RS).
14. Business advisory committee: regulates the programme and time table of house + LS
committee consists of 15 members including Speaker as its chairman + RS: 11 members
including Chairman as its ex-officio chairman.

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15. Committee on private members bills: Special committee of Lok Sabha + 15 members
including Deputy speaker as its chairman + The same function is performed by Business
advisory committee in Rajya Sabha.
16. Rules committee: LS committee consists of 15 members including Speaker as its ex-officio
chairman + In RS it consists of 16 members including chairman as its ex-officio member.
17. Committee on absence of members: Examines cases of members who have been absent for a
period of 60 days or more without permission + Special committee of LS which consists of 15
members + No such committee in Rajya Sabha.
18. Consultative Committee: these are not parliamentary committees; Minister/ minister of state is
chairman; it is forum for informal discussion; it is constituted by Ministry of Parliamentary
Affairs; membership is voluntary; maximum membership is 30 and minimum is 10 members +
Committees dissolved upon dissolution of every LS and shall be reconstituted upon constitution
of each Lok Sabha.
19. Note: Attorney General and Vice President can be members of the Parliamentary committees.

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Chapter - 10
PARLIAMENTARY FORUMS
1. The first Parliamentary Forum on Water Conservation and Management was constituted in the
year 2005.
2. At present, there are eight Parliamentary forums
3. Objectives- To provide a platform to the members to have interactions with the ministers
concerned, experts and key officials from the nodal ministries; To sensitize members about the
key areas of concern and also about the ground level situation and equip them with the latest
information.
4. The Speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary
Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the ex-officio
President and the Speaker is the ex-officio Co-President
5. Each Forum consists of not more than 31 members (excluding the President, Co-President and
Vice-Presidents) out of whom not more than 21 are from the Lok Sabha and not more than 10 are
from the Rajya Sabha.
6. Duration: coterminous with their membership in the respective Houses.
7. The President of forum appoints a member-convener for each forum; meetings of forums are
held time to time, as may be necessary, during Parliament sessions.

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Chapter - 11
PARLIAMENTARY GROUP
1. Composition of Indian Parliamentary Group (IPG)
 It is an autonomous body formed in 1949 in pursuance of motion adopted by Constituent
Assembly.
 Membership open to all members of Parliament.
 Former members of Parliament can also become associate members of the group.
 Associate members not entitled to representation of meetings of IPU and CPA.
 The Speaker of the Lok Sabha is the ex officio president of the Group.
 The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are the
ex officio vice-presidents of the Group.
 The SecretaryGeneral of the Lok Sabha acts as the ex officio Secretary-General of the Group
2. Functions of Indian Parliamentary Group
 Link between the Indian Parliament and other parliaments throughout the world. Under the
aegis of the IPG, visiting chiefs of state and governments of foreign
 The Indian Parliamentary Delegations may only include members of the Parliament Group
who have served for at least six months at the time of the delegation's formation.

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Chapter - 12
SUPREME COURT
1. Introduction: The Indian constitution has established an integrated judicial system with the
Supreme court at the top and high courts below it. SC was inaugurated on January 28, 1950;
succeeded Federal court of India established under GOI act, 1935. It replaced British Privy
Council in 1950.
2. Constitutional Provisions: Article 124 to 147 in Part V of the constitution deals with
organization, independence, jurisdiction, powers, and procedures. The Parliament is also
authorized to regulate them.
3. Parliament cannot curtail jurisdiction of SC, however parliament can extend the Jurisdiction of
SC.
4. SC is the custodian of the constitution of India.
5. Organization of Supreme Court: Originally the strength of the Supreme Court was fixed at
eight (one chief justice and seven other judges) + In 2019, the center notified an increase in the
number of Supreme Court judges from thirty-one to thirty-four (34), including CJI.
6. Appointment of Judges
 The judges of the Supreme Court are appointed by the president
 The chief justice is appointed by the president after consultation with such judges of the
Supreme Court and high courts as he deems necessary.
 The other judges are appointed by president after consultation with the chief justice and such
other judges of the Supreme Court and the high courts
 The consultation with the chief justice is obligatory in the case of appointment of a judge
other than the Chief justice.
 1st judges case (1982): Consultation does not mean concurrence.
 2nd judges case (1993): Consultation means concurrence; advice tendered by CJI is binding
on President in matters of appointment of judges of SC + CJI should consult two of his senior
most colleagues + Senior most judge of SC should alone be appointed to the office of CJI.
 3rd judges case (1998): Consultation of plurality judges + CJI should consult a collegium of
four seniormost judges of SC.
7. Qualification of Judges: citizen of India + should have been a judge of a High Court for 5 years
+ should have been an advocate of a High Court for 10 years + should be a distinguished jurist in
the opinion of the president. Note: Constitution has not prescribed a minimum age for
appointment as a judge.
8. Oath: Before the President
 true faith and allegiance to the Constitution of India;
 uphold the sovereignty and integrity of India;
 to duly and faithfully and to the best of his ability, knowledge and judgement to perform the
duties of the Office without fear or favour, affection or ill-will; and
 to uphold the Constitution and the laws.

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9. Tenure of Judges
 Constitution has not fixed the tenure of a judge of the Supreme Court.
 holds office until he attains the age of 65 years (question regarding age determined by
parliament)
 He can resign his office by writing to the President (Note: not CJI)
 He can be removed from his office by the President on the recommendation of the
Parliament: Grounds: Misbehavior and incapacity.
10. Removal of Judges- Judges Enquiry act (1968) regulates the Procedure:
 A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the
case of Rajya Sabha)
 The Speaker/Chairman may admit the motion or refuse to admit it.
 If admitted: 3 member comm. is constituted by Speaker/Chairman.
 After the motion is passed by each House of Parliament by special majority, an address is
presented to the president for removal of the judge.
 no judge of the Supreme Court has been impeached so far.
11. Salaries and allowances
 The salaries, allowances, privileges, leave and pension of the judges of SC are determined
from time to time by the Parliament.
 They cannot be varied to their disadvantage after their appointment except during a financial
emergency.
 Retired Chief Justice and judges are entitled to 50% of their last drawn salary as monthly
pension.
12. Acting Chief Justice: The President can appoint a judge of the Supreme Court as an acting
Chief Justice of India; when Office is vacant/ CJI is absent/ CJI is unable to perform the duties.
13. Ad hoc Judge- When there is a lack of quorum of the permanent judges to hold or continue any
session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as
an ad hoc judge of the Supreme Court for a temporary period.
14. Retired Judge- At any time, the chief justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary
period. Such a judge is entitled to such allowances as the President may determine.
15. Seat of Supreme Court: Designated under the Constitution as Delhi. It also empowers the Chief
Justice to appoint another location or location as the Supreme Court's seat; only with the
President's approval can he/she decide in this regard + provision is only optional and not
compulsory.
16. Procedure of the court
 With the President's consent, SC can issue rules that govern the court's general practice and
procedure.
 A bench of at least five judges decides on constitutional cases or references brought by the
President under Article 143.
 The verdicts are handed down in open court.
 All decisions are made by a majority vote, but judges can provide opposing judgments or
opinions if they disagree.

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17. Independence of Supreme court

 Federal court; highest court of appeal; guarantor of fundamental rights of citizens and
guardian of the constitution.
 Judges can be removed by President only on grounds mentioned in constitution.
 Salaries of judges determined from time to time by Parliament.
 Salaries, allowances and pensions of judges and staff as well as admin. expenses of SC are
charged on Consolidated Fund of India: Non-votable by Parliament.
 Conduct of judges cannot be discussed except when an impeachment motion is under
consideration of Parliament.
 Ban on practice after retirement
 Power to punish for its contempt
 Freedom to appoint its staff and prescribe their conditions of service.
 Parliament is not authorized to curtail the jurisdiction and powers of SC. However,
Parliament can extend the same.
 Separation from Executive
18. Jurisdiction and Powers of Supreme court
 Original jurisdiction (Article 131): As a federal court, SC decides disputes between
different units of Indian federation - the Centre and one or more states; or the Centre and any
state or states on one side and one or more states on the other; or between two or more states.
In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
o Jurisdiction does not extend to:
 A dispute arising out of any pre-Constitution treaty, agreement, covenant,
 A dispute arising out of any treaty, agreement, etc.,which specifically provides that
the said jurisdiction does not extent to such a dispute.
 Inter-state water disputes.
 Matters referred to the Finance Commission.
 Adjustment of certain expenses and pensions between the Centre and the states.
 Ordinary dispute of Commercial nature between the Centre and the states.
 Recovery of damages by a state against the Centre.
 Any suit brought before SC by a private citizen against the Centre or State cannot be
entertained under this.
 Writ Jurisdiction
o The Supreme Court has original jurisdiction in the sense that an aggrieved citizen can
directly go to the Supreme Court, not necessarily by way of appeal.
o Not exclusive: HCs are also empowered to issue this.
o SC can issue writ only for enforcement of FR
 Appellate Jurisdiction
o It enjoys a wide appellate jurisdiction which can be classified under four heads:
(a) Appeals in constitutional matters.
(b) Appeals in civil matters.
(c) Appeals in criminal matters.
(d) Appeals by special leave.

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 Appeal by Special leave: SC is authorized to grant in its discretion special leave to appeal
from any judgement in any matter passed by any court or tribunal in the country (except
military tribunal and court martial).
 Advisory Jurisdiction
o The Constitution (Article 143) authorizes the president to seek the opinion of the
Supreme Court in the two categories of matters: (a) On any question of law or fact of
public importance which has arisen or which is likely to arise (Supreme Court may tender
or may refuse to tender its opinion to the president) (b) On any dispute arising out of any
pre-constitution treaty, agreement.
o In first case, SC may tender or refuse to tender its opinion to president; in second case:
SC must tender its opinion to the President.
 Court of Record: All the proceedings of the Supreme Court are recorded and assume the
form of case law. Such decisions are binding on all courts in India.
19. Other Powers
 It decides disputes regarding election of President and Vice-President : original, exclusive
and final authority.
 Enquires into conduct and behavior of chairman and members of UPSC on reference made
by President. The advice tendered by SC in this regard is binding on President.
 Ultimate interpreter of the constitution.
 Power of judicial superintendence and control over all the courts.
 SC jurisdiction w.r.t matters in Union list can be enlarged by the Parliament.
20. Supreme Court Advocates
 Senior Advocates
o Designated as senior advocates by the supreme court of India or by any High Court.
o not entitled to appear without an Advocate-On-Record in the Supreme Court or without
a junior in any other court or tribunal in India.
 Advocates on Record
o Only these advocates are entitled to file any matter or document before the Supreme
Court.
o They can also file an appearance or act for a party in the Supreme Court.
 Other Advocates
o These are advocates whose names are entered on the roll of any State Bar
Council maintained under the Advocates Act, 1961 and
o they can appear and argue any matter on behalf of a party in the Supreme Court but they
are not entitled to file any document or matter before the Court.

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Chapter - 13
JUDICIAL REVIEW
1. Introduction: Judicial review is the power of the judiciary to examine the constitutionality of
legislative enactments and executive orders of both the Central and State governments.
2. Doctrine of judicial review originated and developed in USA.
3. Supreme Court has declared the power of judicial review as a basic feature of the Constitution or
an element of the basic structure of the Constitution
4. Though the phrase ‘Judicial Review’ has nowhere been used in the Constitution, the provisions
of several Articles explicitly confer the power of judicial review on the Supreme Court and the
High Courts: Article 13, 32, 131, 132 133, 134, 134-A, 135, 136, 143, 226, 227, 245, 246, 251
and 372.
5. The scope of judicial review in India is narrower than what exists in the USA, though the
American Constitution does not explicitly mention the concept of judicial review in any of its
provisions.
6. This is because, the American Constitution provides for ‘due process of law’ against that of
‘procedure established by law’ which is contained in the Indian Constitution
7. Judicial Review in Ninth Schedule
 Article 31B saves the acts and regulations included in the Ninth Schedule from being
challenged and invalidated on the ground of contravention of any of the Fundamental Rights
 Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment
Act of 1951.
 I.R. Coelho case (2007): Supreme Court ruled that there could not be any blanket immunity
from judicial review of laws included in the Ninth Schedule.
 It was on April 24, 1973, that the Supreme Court first propounded the doctrine of ‘basic
structure’ or ‘basic features’ of the constitution in its landmark verdict in the Kesavananda
Bharati case.

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Chapter - 14
Judicial Activism and Public Interest Litigation
1. Judicial activism denotes the proactive role played by the judiciary in the protection of the
rights of citizens and in the promotion of justice in the society.
2. The concept of judicial activism originated and developed in USA. Term was coined by Arthur
Schlesinger.
3. In India, the doctrine of judicial activism was introduced in mid1970s. Justice V.R. Krishna Iyer,
Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai
4. Public Interest Litigation
 Originated in USA in 1960s.
 Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of
PIL. PIL is also known variously as Social Action Litigation (SAL), Social Interest
Litigation (SIL) and Class Action Litigation (CAL)
 In 1998, the Supreme Court formulated a set of guidelines to be followed for entertaining
letters or petitions received by it as PIL. These guidelines were modified in 1993 and
2003.
 Matters not entertained under PIL: Landlord-Tenant matters; service matter and those
pertaining to pension and gratuity; admission to medical and other educational institution;
petitions for early hearing of cases pending in HCs and Subordinate courts.

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