Is Indian Constitution Federal?

There has been a lot of insolvable controversy as to the question whether Indian
Constitution is federal or unitary. Some characterized it as federal, while others
treated it as unitary. Some others have taken a compromising view. According
to them, it has both federal and unitary characteristics. In a unitary Constitution,
the powers of the Government are centralized in one government viz., Central
Government. The provinces are subordinates to the centre. In the federal
Constitution, there is a division of powers between the Federal and the State
Governments and both are independent in their own sphere. Dr. K.C. Wheare in
his book 'Federal Government' characterized the Indian Constitution as quasi-
federal. Jenning also characterized it as federal with strong centralizing
tendency.
Federal features of Indian Constitution
1. Distribution of Powers.- An essential feature of the federal Constitution
in the distribution of powers between the Central Government and State
Governments. Federation means the distribution of the power of the
States among a number of coordinate bodies, each originating in and
controlled by the Constitution.
2. Supremacy of the Constitution.- Distribution of Powers will be of no use
if the Constitution is not treated as supreme and governments are
allowed to violate it. The Supreme Constitution is essential if Government
is to be federal. The written Constitution is essential if Federal
Government is to work well.
3. Written Constitution.- The Constitution must also necessarily be a written
Constitution. It will be practically impossible to maintain the supremacy
of the Constitution. To base an arrangement of this kind upon
understanding or conventions would be certain to generate
misunderstanding and disagreements.
4. Rigidity.- For a federation, it is necessary that power to amend the
Constitution should not be given exclusively to centre or regional units.
Both must participate in the process of amendment. A Constitution of a
country is considered to be a permanent document. It is a supreme law of
the land. This supremacy of the Constitution can only be maintained if the
method of amendment is rigid.
5. Authority of Courts.- In a federal state the legal supremacy of the
Constitution is essential for the existence of the federal system. The
independent and impartial authority of courts is essential for the federal
structure of the Constitution.
The Indian Constitution possesses all the essential characteristics of a
federal Constitution mentioned above. The Constitution establishes a
dual polity, a system of double government with the Central Government
at one level and the State Government at the other. Each level of
Government is supreme in its own sphere. The Constitution of India is
written and is supreme. Prof. Wheare remarked, "The Constitution
establishes a system of Government which is also quasi-federal...a unitary
state with subsidiary federal features rather than a federal state with
subsidiary unitary futures". Jennings has characterized it as a "federation
with a strong centralising tendency".

Though the Constitution of India possesses the essential features of a

federation, it differs noticeably from the typical federal system of the
world in certain ways. These are

1. Parliament's Power to form new States and alter boundaries of existing

States -The Parliament of India may form new States, it may increase
or diminish the area of any State and it may alter the boundaries or
name of any State. The Constitution does not protect the territorial
integrity of the States. Parliament can by unilateral action, increase or
diminish the area of any State.
2. Appointment of Governors.- The Governors of the States are
appointed by the President (Articles 155 and 156) and answerable to
him. This is, however, not a matter of much significance, for, the
Governor is only the constitutional head of the States who shall
normally act on the advice of his ministers.
3. Parliament's power to legislate in the national interest.- Under article
249, Parliament is empowered to make laws with respect to every
matter enumerated in the State list if the Rajya Sabha passes a
resolution by 2/3 majority that it is necessary in the national interest.
4. Emergency Provisions.-
When the proclamation of emergency is in operation the Parliament is
empowered to make directions to any State and Parliament is
empowered to make laws with respect to any matter enumerated in the
State List.
 Thus, in principle, Indian Constitution is federal but with capacity to work
as unitary when so required.
The Union executive
Article 52. The President of India
There shall be a President of India. The central executive consists of the
President and the Council of Ministers headed by the Prime Minister. It is of the
parliamentary type insofar as the Council of Ministers is responsible to the Lok
Sabha.
The President is the Head of the State and the formal executive. All executive
action at the centre is expressed to be taken in his name.
(1) The executive power of the Union shall be vested in the President and shall
be exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
(2) Without prejudice to the generality of the foregoing provision, the supreme
command for the Defence Forces of the Union shall be vested in the President
and the exercise thereof shall be regulated by law.
Article 54. Election of President
The President shall be elected by the members of an electoral college consisting
of-
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.
Article 56. Term of office of President Define terms,
(1) The President shall hold office for a term of five years from the date on which
he enters upon his office: Provided that-
(a) the President may, by writing under his hand addressed to the Vice-
President, resign his office;
(b) the President may, for violation of the Constitution, be removed from office
by impeachment in the manner provided in article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to
hold office until his successor enters upon his office.
Article 58. Qualification for election as President
(1) No person shall be eligible for election as President unless he:-
(a) is a citizen of India,
(b) has completed the age of thirty-five years, and
(c) is qualified for election as a member of the House of the People.
(2) A person shall not be eligible for election as President if he holds any office
of profit under the Government of India or the Government of any State or
under any local or other authority subject to the control of any of the said
Government.
Article 61. Procedure for impeachment of the President
(1) When a President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to prefer such charge is contained in a resolution which has
been moved after at least fourteen days notice in writing signed by not less than
one-fourth of the total number of members of the House has been given of their
intention to move the resolution, and
(b) such resolution has been passed by a majority of not less than two-thirds of
the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the
other House shall investigate the charge or cause the charge to be investigated
and the President shall have the right to appear and to be represented at such
investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not
less than two-thirds of the total membership of the House by which the charge
was investigated or caused to be investigated, declaring that the charge
preferred against the President has been sustained, such resolution shall have
the effect of removing the President from his office as from the date on which
the resolution is so passed.
Article 361. Protection of President
1. The President shall not be answerable to any court for the exercise and
performance of the powers and duties of his office or for any act done or
purporting to be done by him in the exercise and performance of those
powers and duties:
(2) No criminal proceedings whatsoever shall be instituted or continued
against the President in any court during his term of office.
(3) No process for the arrest or imprisonment of the President shall issue
from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President shall
be instituted during his term of office in any court in respect of any act done
or purporting to be done by him in his personal capacity, whether before or
after he entered upon his office as President, until the expiration of two
months next after notice in writing has been delivered to the President or
left at his office stating the nature of the proceedings, the cause of action,
the name, description and place of residence of the party by whom such
proceedings are to be instituted and the relief which he claims.
Article 71. Matters relating to, or connected with, the election of a
President or Vice-President
(1) All doubts and disputes arising out of or in connection with the election
of a President or Vice-President shall be inquired into and decided by the
Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void
by the Supreme Court, acts done by him in the exercise and performance of
the powers and duties of the office of President or Vice-President, as the case
may be, on or before the date of the decision of the Supreme Court shall not
be invalidated by reason of that declaration.
(3) Subject to the provisions of this Constiution, Parliament may by law
regulate any matter relating to or connected with the election of a President
or Vice-President.
(4) The election of a person as President or Vice-President shall not be called
in question on the ground of the existence of any vacancy for whatever
reason among the members of the electoral college electing him.
Powers of the President
1. Executive power of the President
2. Powers as head of the State.-According to article 53, the executive power
of the Union vests in the President, and according to article 77 executive
actions of the Government of India are to be taken in his name. In foreign
countries, he represents the nation. He sends and receives ambassadors
and other diplomatic agents. All treaties and international agreements
are made in his name though their implementation may require
legislation by Parliament. He can declare a State of war with any country
or that a state of war with any country ended.
3. As Supreme Commander of Armed Forces.-Article 53(2) declares that the
Supreme Command of Defence Forces of the Union shall be vested in the
President and the exercise thereof shall be regulated by law.
4. Power to appoint certain commissions and officials.-All important
appointments will be made by him including those of the Prime Minister
and other Central Ministers, Governors, Judges of the Supreme Court and
the High Courts, Chairmen and Members of the Union Public Service
Commission, the Attorney-General, the Chief Election Commissioner and
other election Commissioners and the Comptroller and Auditor-General
of India. He also appoint the Finance Commission, National Commission
for the Scheduled Castes and Scheduled Tribes and other commissions.
5. Powers in relation to Council of Ministers.-The President appoints Prime
Minister and other members of the Council of Ministers and they hold
their offices during the pleasure of the President. Article 77(3) empowers
the President to make rules for some convenient transaction of the
business of the Government of India and for allocation of such business
among the members.
6. Power to grant Pardon.-Under clause (1) of article 72 - The President shall
have the power to grant pardons, reprieves, respite or remission of
punishment or to suspend, remit or commute the sentence of any person
convicted of any offence-

2. Legislative Power of the President

(a) Participation of the Executive in the Legislative Process.-The Council of
ministers being an integral part of Parliament participates intimately in
the legislative process, and discharges important functions in relation to
Parliament. This concept is underlined by making President a component
part of Parliament. The executive's power to convene and prorogue
 Parliament, to dissolve Lok Sabha, presentation of Bills to Parliament and
the requirement of Presidential assent for transforming a Bill passed by
the two Houses into an Act are some of the factors which denote the
intimate role played by the executive in relation to the legislative process.
(i) President's recommendation is required to introduce in either House
a Bill for the formation of new States or alteration of areas, boundaries
or names of existing States (Article 3).
(ii) A money Bill cannot be introduced without the recommendation of
the President [Article 117(1)].
(iii) President's recommendation is required for consideration by a House
of a Bill involving expenditure from the Consolidated Fund of India
[Article 117(3)].
(iv) Prior recommendation of the President is required for introducing in
either House of Parliament any Bill affecting any tax in which States
are interested (Article 274).
b. Rule-Making Powers.-
Several Constitutional provisions confer rule-making powers on the Central
Executive enabling it to prescribe detailed provisions for several matters,
c. Ordinance making powers.-
(1) If at any time, except when both Houses of Parliament are in session, the
President is satisfied that circumstances exists which render it necessary
for him to take immediate action, he may promulgate such ordinance as
the circumstances appears to him to require.
(2) An Ordinance promulgated by the President under article 123 shall have
the same force and effect as an Act of Parliament, but every such
Ordinance-
(a) shall be laid before both Houses of Parliament and shall cease to
operate at the expiration of six weeks from the re-assembly of Parliament;
or if before the expiration of that period resolution disapproving it are
passed by both Houses, upon the passing of the second of those
resolutions; and
(b) may be withdrawn at any time by the President.
Explanation: Where the Houses of Parliament are summoned to re-
assemble on different dates, the period of six weeks shall be reckoned
from the later of those dates for the purposes of this clause.
 (3) if and so far as an ordinance under the article makes any provision while
Parliament would not under this Constitution be competent to enact, it
shall be void.
Emergency Power of President.-If the President is satisfied that a grave
emergency exists whereby security of India or any part thereof is threatened,
emergency may be proclaimed by him under article 352. During the period
the proclamation is in force. President may make modifications in
distribution of revenues between Union and States and suspend
enforcement of fundamental rights when on report of the Governor or
otherwise, he is satisfied that Government of State cannot be carried on in
accordance with the provisions of the Government. During financial
emergency under article 360, President is empowered to issue necessary
directions requiring Money Bills or other Bills of State to be reserved for his
consideration and reduction of salaries of persons serving under the Union
or States.

Council of Ministers
Article 74. Council of Ministers to aid and advice President
(1) There shall be a Council of Ministers with the Prime Minister at the head
to aid and advice the President who shall, in the exercise of his functions,
act in accordance with such advice:
Provided that the President may request the Council of Minsters to
reconsider such advice, either generally or otherwise, and the President shall
act in accordance with the advice tendered after such reconsideration.
(2) The question whether, any, and if so what, advice was tendered by
Ministers to the President shall not be inquired into in any court.
Duties of Prime Minister in respect of President
It shall be the duty of the Prime Minister-
(a) to communicate to the President all decisions of the Council of Ministers
relating to the administration of the affairs of the union and proposals for
legislation;
(b) to furnish such information relating to the administration of the affairs of the
Union and proposal for legislation as the President may call for; and
(c) if the President so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which
has not been considered by the Council.

Clause (a) makes it clear that though the President takes no part in the formal
deliberations of Ministers, he is constitutionally entitled to criticise the conduct
of the executive, and for these purposes decisions of the Council of Ministers
relating to the administration of the affairs of the Union are communicated to
the President. Under clause (b), it is the duty of the Prime Minister to furnish
such information relating to the Union administration and legislative proposals
as the President may call for. Clause (c) expressly affirms the doctrine of
collective responsibility. It shall be the duty of the Prime Minister, if the
President so requires, to submit for reconsideration of the Council of Ministers
any matter on which a decision has been taken by a Minister but which has not
been considered by the Council of Ministers

The Parliament
Articles 79-122
Article 79. Constitution of Parliament How Parliament in constituted under
article 19?
There shall be a Parliament for the Union which shall consist of the President
and two Houses to be known respectively as the Council of States and the House
of the People. India's Parliament is bicameral. The lower House is designated as
the House of the people or Lok Sabha and the upper house as the Council of
States or Rajya Sabha. The two Houses along with the President constitutes
Parliament. All these three organs are essential to the process of legislation by
Parliament.
Article 80. Composition of the Council of States
Explain the composition of council of States
(1) The Council of States shall consist of:
(a) twelve members to be nominated by the President in accordance with
the provisions of clause (3); and
 (b) not more than two hundred and thirty-eight representative of the
States and of the Union territories.
(2) The allocation of seats in the Council of States to be filled by representatives
of the States and of the Union territories shall be in accordance with the
provisions in that behalf contained in the Fourth Schedule.
(3) The members to be nominated by the President under sub-clause (a) of
clause (1) shall consist of persons having special knowledge or practical
experience in respect of such matters as the following, namely: Literature,
science, art and social science.
(4) The representative of each State in the Council of States shall be elected by
the elected members of the Legislative Assembly of the State in accordance with
the system of proportional representation by means of the single transferable
vote.
(5) The representative of the Union territories in the Council of States shall be
chosen in such manner as Parliament may by law prescribe. Rajya Sabha is
constituted by indirect elections. Rajya Sabha is designed to fulfil a number of
purposes.
First. It has been envisaged as a forum to which seasoned and experienced
public men might get access without undergoing the din and bustle of a general
election which is inevitable for finding a seat in the Lok Sabha. The value of the
Upper House, lies in the talent, experience and knowledge which it can harness
to the service of the country which might be lost otherwise. Secondly. Rajya
Sabha serves as a debating chamber to hold dignified debates and acts as a
revising chamber over the Lok Sabha which being a popular chamber, may at
times be swayed to act hastily under pressure of public opinion or in the heat of
passion of the moment. Lastly. The Rajya Sabha is designed to serve as a
chamber where the States of the Union of India are represented as State in
keeping with the federal principle.
Article 81. Composition of the House of the People
(1) Subject to the provisions of article 331, the House of the people shall consist
of-
(a) not more than five hundred and thirty members chosen by direct election
from territorial constituencies in the States, and
b) not more than twenty members to represent the Union territories, chosen in
such manner as Parliament may by law provide
Lok Sabha is the popular chamber and is elected directly by the people. Lok
Sabha has been organized on practically similar lines as the lower chambers in
Britain, U.S.A. Canada and Australia. The House of Commons in Britain, like the
Lok Sabha, is elected directly by the People for five years by adult suffrage. All
citizens without disabilities have a right to vote and voting is compulsory. Seats
in the House are distributed among the States according to population, with a
minimum of five to each State.
The composition of the House of the people. It shall consist of:
(a) not more than 530 members directly elected by the voters,
(b) not more than 20 members to represent the Union territory to be chosen in
such manner as Parliament may be law provide, and
(c) not more than two members belonging to the Anglo Indian Community
appointed by the President under article 311.
Article 83. Duration of Houses of Parliament
(1) The Council of States shall not be subject to dissolution, but as nearly as
possible one-third of the members thereof shall retire as soon as may be on the
expiration of every second year in accordance with the provisions made in that
behalf by Parliament by law.
(2) The House of the People, unless sooner dissolved, shall continue for five
years from the date appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as a dissolution of the
House:
Provided that the said period may, while a proclamation of emergency is in
operation, be extended by Parliament by law for a period not exceeding one
year at a time and not extending in any case beyond a period of six months after
the proclamation has ceased to operate.
" The Council of States is a permanent body, one-third, of its members retires
every second year.
The House of People runs for five years unless it is sooner dissolved.
Article 84.
Qualification for membership of Parliament
A person shall not be qualified to be chosen to fill a seat in Parliament unless he-
(a) is a citizen of India, and makes and subscribes before some person authorized
in that belief by the Election Commission an oath or affirmation according to the
form set out for the purpose in the third Schedule
(b) is, in the case of a seat in the Council of States, not less than thirty years of
age and in the case of a seat in the House of the People, not less than twenty-
five years of age, and
(c) possesses such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.

The object of this article is to prescribe qualifications for a person who wants to
be a candidate on election. Generally, the rule is that a person who is a voter,
becomes entitled to stand as a candidate for election.
The qualification for a member of Parliament are that he should:
(a) be a citizen of India,
(b) make and subscribe an oath and affirmation,
(c) be not lest than 30 years of age in the case of Council of States and not less
than 25 years of age in case of House of the People,
(d) possessing such other qualification as may be laid down by Parliament.

Article 85.
Sessions of Parliament, prorogation and dissolution
(1) The President shall from time-to-time summon each House of Parliament to
meet at such time and place as he thinks fit, but six months shall not intervene
between its last sitting in one session and the date appointed for its first sitting
in the next session.
(2) The President may from time-to-time-
(a) prorogue the Houses or either House;
(b) dissolve the House of the People".
(1) Summoning.- The President shall from time-to-time summon each House of
Parliament to meet at such time and place as he thinks fit. The summoning of
the House simply means its convocation when its meeting is considered
necessary.
A session of the Parliament commences from the day it has been summoned to
meet by the President. The right of the President to summon a House is subject
to the condition that six months shall not intervene between its last sitting in
one session and the date appointed for its first sitting in the next session.
Indira Nehru Gandhi v. Raj Narain, (1975) Supp SCC 1: MANU/SC/0304/1975 :
AIR 1975 SC 2299: (1976) 2 SCR 347. The validity of the Constitution (39th
Amendment) Act, 1975, was challenged on the ground that the constitution of
the House which passed the amendment was illegal. The Supreme Court held
that constitution of the House which passed the Constitution (39th Amendment)
Act, was not illegal on the ground that a number of members of Parliament of
the two Houses were in detention under the preventive detention laws.
(2) Prorogation.-
A prorogation ends a session. Prorogation is the act of terminating a
Parliamentary session. The power to prorogue the House is vested in the
President. It differs from adjournment because the adjournment does not end
the session but suspend the sitting of the House. The power to adjourn the
House belongs to the House, but prorogation of a session can be effected by the
President alone.
(3) Dissolution.- Dissolution terminates a House i.e., the life of a House is
brought to an end and a general election must then be held to elect a new House
of the People. The President has the power to dissolve the House of the People.
A dissolution ends the very life of the House while a prorogation ends a session.
Article 86. Right of President to address and send messages to Houses
(1) The President may address either House of Parliament or both Houses
assembled together, and for that purpose require the attendance of members.
(2) The President may send messages to either House of Parliament whether
with respect to a Bill then pending in Parliament or otherwise, and a House to
which any message is so sent shall with all convenient dispatch consider any
matter required by the message to be taken into consideration.
Article 86 confers on the President the power to issue summons for the ensuing
session of Parliament and to address either House of Parliament or both Houses
as therein specified. These articles cannot be costrued to confer any right as
such on individual members or impose any obligation on them.
Article 87. Special address by the President
At the commencement of the first session after each general election to the
House of the People and at the commencement of the first session of each year,
the President shall address both Houses of Parliament assembled together and
inform Parliament of the causes of its summons.
The President's address fulfils two functions. First it underlines responsibility of
the Government to Parliament for it consists of the Government's review of the
international and internal situation and a statement of its general policy
together with an indication of its legislative programme for the ensuing session.
Secondly it provides a solemn yet simple ceremony with which the session of a
House begins. The practice of the President addressing Parliament has been
adopted in India from Britain.
Chairman/Deputy Chairman
(1) The Vice-President of India shall be ex-officio Chairman of the Council of
States.
(2) The Council of States shall, as soon as may be, choose a member of the
Council to be Deputy Chairman thereof and, so often as the office of Deputy
Chairman becomes vacant, the Council shall choose another member to be
Deputy Chairman thereof.
Article 93. The Speaker and Deputy Speaker of the House of the People
The House of the People shall, as soon as may be, choose two members of the
House to be respectively Speaker and Deputy Speaker thereof and, so often as
the office of Speaker or Deputy Speaker becomes vacant, the House shall choose
another member to the Speaker or Deputy Speaker, as the case may be.
Article 94. Vacation and resignation of, and removal from, the offices of
Speaker and Deputy Speaker
A member holding office as Speaker or Deputy Speaker of the House of the
people-
(a) shall vacate his office if he ceases to be a member of the House of the people;
(b) may at any time, by writing under his hand addressed, if such member is the
Speaker, to the Deputy speaker, and if such member is the Deputy Speaker, to
the Speaker, resign his office; and
(c) may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House
Article 101. Vacation of Seats
Article 101 enumerates the situations in which the seat of a member of either
House of Parliament becomes vacant. These are the following-
(a) where person is a member of two Houses of legislature/both Houses of
Parliament; or Parliament and House of a State Legislature his seat in one of the
House is vacated;
(b) if a member of either House of Parliament becomes subject to any of the
disqualifications laid down in article 102;
(c) if a member of either House of Parliament resigns his seat;
(d) if, for a period of sixty days, a member of either House of Parliament is
without permission of the House absent from all meetings thereof, the House
may declare his seat vacant.
Article 102. Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member
of either House of Parliament-
(a) if he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by law
not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of
foreign State, or is under any acknowledgement of allegiance or adherence to a
foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
POWERS, PRIVILEGES, AND IMMUNITIES OF PARLIAMENT AND ITS MEMBERS
(1) Freedom of Speech.-
This article thus gives absolute immunity from courts for anything said
within the four walls of the House during the course of proceedings of the
House or its committee. It is to be noted that clause (1) of article 105 is
expressly made the constitutional restriction on freedom of speech is
imposed by article 121. Article 121 prohibits any discussion in Parliament
with respect to the conduct of a Judge of the Supreme Court or High Court
in discharge of his duties. The freedom of speech is also subject to the
rules of procedure of a House made under article 203.
Article 105(1) confers immunity in respect of anything said in Parliament
during the sitting of Parliament and in the course of the business in
Parliament. Once it is proved that Parliament was in sitting and its
business was being transacted, anything said during the course of that
business is immune from proceedings in any court.

(2) Right of Publication of Proceedings.-

Article 105(2) expressly declares that no person shall be liable in respect of
the publication, by order under the authority of a House of Parliament, of
any report, paper, votes or proceedings.
Other Privileges.-
Under the residuary provision of clause (3) in article 105, the following
privileges can be claimed-
(a) Freedom from arrest.
(b) Right to exclude strangers from its proceedings and hold secret sessions.
(c) Right to prohibit publication of its reports and proceedings.
(d) Right to regulate internal proceedings.
(e) Right to punish members or outsiders for contempt.
Public Accounts Committee
The committee examines the account showing the appropriation of the sums
granted by Parliament for government's expenditure. The committee also
examines the accounts of the government corporations and autonomous and
semiautonomous bodies. The committee has power to hear officials or take
evidence connected with the accounts under examination. The basic purpose
of the committee is to see that the grants made to the various departments
are used only for the purposes set out in the estimates. The committee thus
review the transactions of the departments after the Budget has been
executed with a view to ensure that money is spent as Parliament intended,
and that no waste or extravagance or losses occur in expenditure.
Estimate committee
The Estimate Committee consists of 30 members elected by Lok Sabha for
one year from amongst its members. A Minister cannot be its member.
Unlike the Public Accounts Committee, members of Rajya Sabha are not
associated with the Estimates Committee. The committee is authorised to
take evidence connected with the estimate under examination. The
committee, like its counterpart in Britain, examines the details of the
estimates presented to Lok Sabha in the Budget with a view to secure
economy and efficiency in administration, but it does not go so much into
the policy which is regarded as government's responsibility.
Other Parliamentary Committee.-
Under its rules of procedure and conduct of business, each House has
instituted an elaborate committee system with a view to better organize its
work and discharge its functions effectively. The committee system helps in
conserving the time of the House, increasing expertise and enables the
House to exert some control over the Government. Lok Sabha has the
following committees-
a. Committee on Private Members Bills and Resolutions.
b. Committee on Petitions.
c. Committee on Public Accounts.
d. Committee on Estimates.
e. Committee on Leave of Absence from Sitting of the House.
f. Committee of Privilege.
g. Committee of Subordinate Legislation.
h. Business Advisory Committee.
i. Committee on Government Assurances.
The Union Judiciary
(Articles 124-147)
India has a unified Judicial System with the Supreme Court standing at the apex.
There are High Courts below the Supreme Court, under each High Court there
exist a system of subordinate courts. The Supreme Court thus enjoys the
topmost position in the judicial hierarchy of the country. It is the Supreme
interpreter of the Constitution and the guardian of the people's Fundamental
Rights. It is the ultimate court of appeal in all civil and criminal matters and the
final interpreter of the law of the land, and thus helps in maintaining a
uniformity of law throughout the country.
Judiciary has also the significant function of protecting and enforcing the
Fundamental Rights of the people guaranteed by the Constitution

Establishment and Constitution of Supreme Court.

(1) There shall be a Supreme Court of India consisting of a Chief Justice of India
and, until Parliament by law prescribes a larger number, of not more than seven
other Judges.
2) Every Judge of the Supreme Court shall be appointed by the President by
warrant under his hand and seal after consultation with such of the Judges of
the Supreme Court and of the High Courts in the States as the President may
deem necessary for the purpose and shall hold office until he attains the age of
sixty-five years:
Provided that in the case of appointment of a Judge other than the Chief Justice,
the Chief Justice of India shall always be consulted:
Provided further that-
(a) a Judge may, by writing under his hand addressed to the President, resign
his office;
(b) a Judge may be removed from his office in the manner provided in clause
A person shall not be qualified for appointment as a Judge of the Supreme Court
unless he is a citizen of India and-
(a) has been for at least five years a Judge of a High Court or of two or more
such Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two or more
such courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Removal of Judges: Impeachment
A Judge of the Supreme Court shall not be removed from his office except by an
order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House and by a majority
of not less than two-thirds of the members of that House present and voting has
been presented to the President in the same session for such removal on the
ground of proved misbehaviour or incapacity. The constitutional provision does
not prescribe how this investigation is to be carried on. It leaves it to Parliament
to settle and lay down by law the detailed procedure according to which the
address may be presented and the charge of misconduct or incapacity against
the Judge investigated and proved. In America, the Judges of Supreme Court
hold office for life. They can, however, be removed by impeachment in cases of
treason, bribery on other high crimes and misdemeanour.
Supreme Court to be Court of Record
The Supreme Court shall be a court of record and shall have all the powers of
such a court including the power to punish for contempt of itself.
Jurisdiction of the Supreme Court
Original Appellate Advisory
Writ Exclusive Jurisdiction
Jurisdiction of Interpretation
Civil Criminal Federal SLP
Original Jurisdiction
the Supreme Court shall, to the exclusion of any other court, have original
jurisdiction in any dispute- (a) between the Government of India and one or
more States, or (b) between the Government of India and any State or States on
one side and one or more other States on the other, or (c) between the two or
more States.
Writ Jurisdiction
Enforcement of Fundamental Rights Article 32 confers original jurisdiction on
the Supreme Court to enforce Fundamental Rights. Under article 32 every
citizen has a right to move the Supreme Court by appropriation proceedings for
the enforcement of the Fundamental Rights. The Supreme Court is given power
to issue directions or orders or writs including writes in nature of Habeas Corpus,
Mandamus, prohibition and certiorari whichever be appropriate.
Appellate Jurisdiction
An appeal shall lie to the Supreme Court from any judgment, decree or final
order of a High Court in the territory of India, whether in a civil, criminal or other
proceeding, if the High Court certifies under article 134A that the case involves
a substantial question of law as to the interpretation of this Constitution.
Special leave to appeal by the Supreme Court
The Supreme Court may, in its discretion grant special leave to appeal from any
judgment, decree, determination, sentence or order in any cause or matter
passed or made by any court or tribunal in the territory of India.
Power of President to consult Supreme Court
If at any time it appears to the President that a question of law or fact has arisen,
or is likely to arise, which is of such a nature and of such public importance that
it is expedient to obtain the opinion of the Supreme Court upon it, he may refer
the question to that Court for consideration and the Court may, after such
hearing as it thinks fit, report to the President its opinion thereon.
Article 141. Law declared by the Supreme Court to be binding on all courts
Review of judgements or orders by the Supreme Court
decision will be on the following grounds-
(a) discovery of new and important matter of evidence,
(b) mistake or error apparent on the face of the records,
(c) any other sufficient reason
Judicial Review
Article 13. Law Inconsistent with or in derogation of the fundamental rights.
1. All 1aws in force in the territory of India immediately before the
commencement of this Constitution, insofar as they are inconsistent with the
provisions of this Part shall, to the extent of such inconsistency, be void.
2. The State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause shall to
the extent of the contravention, be void.
Article 13 declares that all laws that are inconsistent with or in derogation of any
of the fundamental rights shall be void. In other words, it expressively provides
for judicial review. This power has been conferred on the Supreme Court (article
32) and the High Courts (article 226) which can declare a law unconstitutional
and invalid on ground of contravention of any of the fundamental rights.
Article 13 expressly incorporates the doctrine of judicial review.
In A.K. Gopalan v. State of Madras
Kania, C.J. pointed out that it was only by way of abundant caution that the
framers of our Constitution inserted the specific provisions in article 13. He
observed - "In India, it is the Constitution that is supreme and that a statute law
to be valid, must be in all conformity with the constitutional requirements and
it is for the judiciary to decide whether any enactment is constitutional or not".

Judicial Activism
Public Interest Litigation.-
The concept of Public Interest Litigation requires that a legal wrong or legal
injury is caused to a person or a determinate class of persons by reason of
violation of any constitutional or legal right or any burden is imposed in
contravention of any constitutional or legal provision or without authority of
law, where any such legal injury or illegal burden is threatened, and such person
or determinate class of persons is by reason of poverty, helplessness or disability
or socially or economically disadvantaged position unable to approach the court,
any other person, on his or their behalf, can approach the Supreme Court under
article 32 or the High Court under article 226.
S.P. Gupta v. President of India, The Court held that any member of the public
having 'sufficient interest' can approach the court for enforcing constitutional or
legal rights of other persons and redress of a common grievance.
Bandhua Mukti Morcha v. Union of India
The Supreme Court entertained a letter sent by a public spirited organization for
the release of bonded labours. The court emphasized that PIL is not in the nature
of advisory litigation but it is a challenge and an opportunity to the government
and its officers to make basic human rights meaningful to the deprived and
vulnerable section of the society.