INDIAN CONSTITUTION

LEGISLATURE
Legislature of the Union, which is called Parliament, consists of the President
and two Houses, known as Council of States (Rajya Sabha) and House of the
People (Lok Sabha). Each House has to meet within six months of its previous
sitting.
Rajya Sabha
The Constitution provides that the Rajya Sabha shall consist of 250 members, of
which 12 members shall be nominated by the President from amongst persons
having special knowledge or practical experience in respect of such matters as
literature, science, art and social service; and not more than 238 representatives
of the States and of the Union Territories.

Elections to the Rajya Sabha are indirect; members representing States are
elected by elected members of legislative assemblies of the States in accordance
with the system of proportional representation by means of the single
transferable vote, and those representing Union Territories are chosen in such
manner as Parliament may by law prescribe. The Rajya Sabha is not subject to
dissolution; one-third of its members retire every second year.

Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the
States and the Union Territories, and 12 members are nominated by the
President.

Lok Sabha
The Lok Sabha is composed of representatives of people chosen by direct
election on the basis of adult suffrage. The maximum strength of the House
envisaged by the Constitution is now 552 (530 members to represent States, 20
to represent Union Territories, and not more than two members of the Anglo-
Indian community to be nominated by the President, if, in his opinion, that
community is not adequately represented in the House). The total elective
membership of the Lok Sabha is distributed among States in such a way that the
ratio between the number of seats allotted to each State and population of the
State is, as far as practicable, the same for all States. The Lok Sabha at present
consists of 545 members. Of these, 530 members are directly elected from the

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States and 13 from Union Territories, while two are nominated by the President
to represent the Anglo-Indian community. Following the Constitution 84th
Amendment Act, the total number of existing seats as allocated to various States
in the Lok Sabha on the basis of the 1971 census, shall remain unaltered till the
first census to be taken after the year 2026.

The term of the Lok Sabha, unless dissolved earlier, is five years from the date
appointed for its first meeting. However, while a proclamation of emergency is
in operation, this period may 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. Fourteen Lok Sabhas
have been constituted so far.
Qualification for Membership of Parliament
In order to be chosen a member of Parliament, a person must be a citizen of
India and not less than 30 years of age in the case of Rajya Sabha and not less
than 25 years of age in the case of Lok Sabha. Additional qualifications may be
prescribed by Parliament by law.

Functions and Powers of Parliament

As in other parliamentary democracies, the Parliament in India has the cardinal
functions of legislation, overseeing of administration, passing of the Budget,
ventilation of public grievances and discussing various subjects like
development plans, national policies and international relations. The distribution
of powers between the Union and the States, followed in the Constitution,
emphasises in many ways the general predominance of Parliament in the
legislative field. Apart from a wide-range of subjects, even in normal times, the
Parliament can, under certain circumstances, assume legislative power with
respect to a subject falling within the sphere exclusively reserved for the States.
The Parliament is also vested with powers to impeach the President and to
remove the Judges of Supreme Court and High Courts, the Chief Election
Commissioner and the Comptroller and Auditor General in accordance with the
procedure laid down in the Constitution.

All legislation require consent of both the Houses of Parliament. In the case of
money bills, however, the will of the Lok Sabha prevails. Delegated legislation

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is also subject to review and control by Parliament. Besides the power to

legislate, the Constitution vests in Parliament the power to initiate amendment
of the Constitution.
SPEAKER

A parliament speaker serves as the presiding officer and often the

symbolic head of a parliamentary body. Here are key points to note about the
role of a parliament speaker:
1. Presiding Over Sessions: The speaker is responsible for maintaining order
during parliamentary sessions, ensuring that debates proceed smoothly, and
enforcing the rules of parliamentary procedure.
2. Impartiality: The speaker is expected to be impartial and fair in overseeing
debates and discussions. They must refrain from participating in debates or
expressing personal opinions while holding the position.
3. Representing the Parliament: The speaker often represents the parliament
in official functions, ceremonies, and interactions with other branches of
government, foreign dignitaries, and international organizations.
4. Casting Vote: In some parliamentary systems, the speaker may have a
casting vote in the event of a tie, which can be crucial in decision-making
processes.
5. Committee Assignments: The speaker may appoint members to
parliamentary committees and oversee their functioning.
6. Symbol of Authority: The speaker symbolizes the authority and dignity of
the parliamentary institution, both domestically and internationally.
7. Protocols and Etiquette: The speaker often adheres to certain protocols and
etiquettes, such as wearing formal attire during sessions and maintaining
decorum within the parliamentary chambers.
8. Constitutional Role: The powers and responsibilities of the speaker are
usually defined by the constitution or parliamentary rules of procedure.
Overall, the role of the parliament speaker is critical in ensuring the smooth
functioning of the legislative body, upholding democratic principles, and
representing the interests of its members and the broader public.

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Powers and Functions of the Executive

a) Union Executive:

1. President of India:

⮚ Head of the State: The President is the ceremonial head of the Indian state
and represents the nation both domestically and internationally.
⮚ Executive Powers: Although primarily ceremonial, the President
possesses certain executive powers, including the appointment of the
Prime Minister, the Chief Justice of India, and Governors of states, as
well as the approval of ordinances and bills passed by the Parliament.
⮚ Commander-in-Chief: The President is the Supreme Commander of the
Indian Armed Forces.
⮚ Dissolution of Parliament: The President has the authority to dissolve the
Lok Sabha (House of the People) upon the advice of the Prime Minister.

2. Vice-President of India:

⮚ Presiding Officer of the Rajya Sabha: The Vice-President serves as the

ex-officio Chairman of the Rajya Sabha (Council of States), one of the
two houses of the Parliament.
⮚ Acting President: In the absence of the President, the Vice-President
assumes the role of Acting President.

3. Prime Minister:

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⮚ Head of the Government: The Prime Minister is the head of the

government and exercises the executive powers vested in the President.
⮚ Council of Ministers: The Prime Minister leads the Council of Ministers
and coordinates government policies and activities.
⮚ Chief Advisor: The Prime Minister advises the President on the
appointment of various high-ranking officials and the administration of
the country.
⮚ Leader of the Parliament: The Prime Minister is the leader of the majority
party in the Lok Sabha and plays a pivotal role in parliamentary
proceedings.

4. Council of Ministers:

⮚ Executive Authority: The Council of Ministers, headed by the Prime

Minister, is responsible for formulating and implementing government
policies and decisions.
⮚ Ministries and Portfolios: Ministers are assigned specific ministries and
portfolios, each responsible for a particular aspect of governance.
⮚ Collective Responsibility: Ministers are collectively responsible to the
Parliament for the functioning of their respective ministries and the
government as a whole.

b) State Executive:

1. Governor:

⮚ Head of the State: The Governor is the ceremonial head of the state and
represents the Union government at the state level.

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⮚ Executive Powers: Similar to the President, the Governor appoints the

Chief Minister, the Council of Ministers, and certain high-ranking state
officials.
⮚ State Legislative Role: The Governor has a role in the functioning of the
state legislature, including summoning and proroguing the state
legislature and addressing it.

2. Chief Minister:

⮚ Head of the State Government: The Chief Minister is the head of the
state government and exercises executive powers vested in the Governor.
⮚ Council of Ministers: The Chief Minister leads the Council of Ministers
at the state level and oversees the administration of the state.
⮚ Advisor to the Governor: The Chief Minister advises the Governor on the
appointment of certain state officials and matters related to the state
administration.

3. Council of Ministers (State):

⮚ State-Level Executive Authority: The Council of Ministers at the state

level is responsible for implementing state government policies and
decisions.
⮚ Ministries and Portfolios: Similar to the Union Council of Ministers, state
ministers are assigned specific ministries and portfolios, each responsible
for specific areas of governance.
⮚ Collective Responsibility: State ministers are collectively responsible to
the state legislature for the functioning of their respective ministries and
the state government as a whole.

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In summary, both the Union and State executives play crucial roles in
governance, with the Union executive overseeing national affairs and the State
executive managing state-level administration. The separation of powers and the
delineation of responsibilities between these bodies are fundamental to the
functioning of India's democratic system.

The Judiciary in India: Powers and Functions

1. Supreme Court of India:

● Guardian of the Constitution: The Supreme Court of India is the highest

judicial authority in the country and acts as the guardian of the Constitution. It
ensures that laws passed by the legislature and actions taken by the executive
adhere to the constitutional principles.
● Appellate Jurisdiction: The Supreme Court has appellate jurisdiction over
judgments and orders of the High Courts and other lower courts in both civil
and criminal matters.
● Original Jurisdiction: It has original jurisdiction in certain disputes between
the Union government and one or more states, and between states themselves.
● Protector of Fundamental Rights: The Supreme Court safeguards
fundamental rights guaranteed by the Constitution and can issue writs, such as
habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce
them.

2. High Courts:

● State-Level Judiciary: High Courts are the highest judicial authorities at the
state level. They have jurisdiction over matters within the territory of the
respective states.
● Appellate and Original Jurisdiction: High Courts exercise appellate
jurisdiction over subordinate courts within their jurisdiction and have original
jurisdiction in certain cases, particularly those involving constitutional issues.
● Writ Jurisdiction: High Courts also have the power to issue writs for the
enforcement of fundamental rights and other legal rights.

3. Judicial Review:

● Check on Legislative and Executive Actions: Judicial review refers to the

power of the judiciary to review the constitutionality of legislative and

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executive actions. It ensures that laws and actions by the government are
consistent with the provisions of the Constitution.
● Scope: The judiciary can review not only the constitutionality of laws but also
the actions of government officials, administrative bodies, and other institutions
to ensure they comply with constitutional principles.
● Essential Feature of Democracy: Judicial review is considered an essential
feature of a democratic system as it acts as a check on the potential abuse of
power by the legislative and executive branches.

4. Writs:

● Habeas Corpus: This writ is used to safeguard personal liberty by requiring

authorities to produce a person who has been detained or imprisoned, allowing
the court to examine the legality of the detention.
● Mandamus: Mandamus is issued by a court to compel a public official or body
to perform a duty that they are legally obligated to perform.
● Prohibition: This writ is issued by a higher court to prevent a lower court or
tribunal from exceeding its jurisdiction or acting contrary to the rules of natural
justice.
● Certiorari: Certiorari is issued by a higher court to quash the order of a lower
court or tribunal if it has acted without jurisdiction or in excess of its
jurisdiction.
● Quo Warranto: This writ is used to challenge the legality of a person holding a
public office and to question the authority by which they hold that office.

5. Independence of the Judiciary:

● Separation of Powers: The independence of the judiciary is ensured through

the separation of powers among the executive, legislature, and judiciary. This
separation prevents undue influence or interference in judicial decisions.
● Appointment and Tenure: Judges are appointed through a rigorous process
and enjoy security of tenure to ensure they can perform their duties impartially,
without fear of reprisal.
● Financial Independence: The judiciary is granted financial autonomy to ensure
it can function effectively and without external pressure.
● Immunity: Judges are provided with immunity from prosecution for their
judicial actions, which protects them from harassment or intimidation.

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In conclusion, the judiciary, consisting of the Supreme Court, High Courts, and
subordinate courts, plays a crucial role in upholding the rule of law, protecting
individual rights, and ensuring the accountability of the government. Judicial
review, the issuance of writs, and the independence of the judiciary are
fundamental principles that underpin the Indian legal system and contribute to
its functioning as a vibrant democracy.

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