You are on page 1of 20

prorogue and dissolve parliament. in New Delhi •The Members of either house are commonly referred to as Member of Parliament or MP. who serve the largest democratic electorate in the world and the largest transnational democratic electorate in the world (714 million eligible voters in 2009). the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The president has the power to call. The Parliament of India consists of the two houses and the President of India. with an upper house called as Council of States or Rajya Sabha. .•The Parliament of India is the supreme legislative body in India. •The parliament is bicameral. Founded in 1919. The Parliament is composed of 802 MPs. and a lower house called as House of People or Lok Sabha. The two Houses meet in separate chambers in the Sansad Bhawan (commonly known as the Sansad Marg).

The parliament has three sessions each year:  Budget session: February to May. The Parliament consists of the President of Republic of India and both the Chambers. The House and the Council are equal partners in the legislative process. . Revenue-raising or “Money” bills must originate in the House of People. within a period of fourteen days .  Winter session: November to December.  Monsoon session: July to September. the Constitution grants the House of People some unique powers.lapse of which the bill is assumed to have been passed by both the Chambers. however. The Council of States can only make recommendations suggestions over these bills to the House.

so far as practicable.•The MPs of Lok Sabha are elected by direct election. . House seats are apportioned among the states by population in such a manner that the ratio between that number and the population of the State is. Of the 552 members of the “House of People” or. •The 15th Lok Sabha was formed in May 2009. •MEMBER QUALIFICATIONS: •Membership of the Lok Sabha requires that the person must be a citizen of India. For reserved seats one should be member of the scheduled castes and/or tribes. should not be bankrupt and if the person have criminal proceedings in courts . mentally sound. the same for all States. aged 25 or over. •These members serve a 5 year term until the next General Election are held.the person has to mention it when they file their affidavit to election commission. chosen in such manner as Parliament may by law provide and two appointed non-partisan members to represent the Anglo-Indian community (if the President feels that that community is not adequately represented).However the person must not be criminally convicted. the Lok sabha. 530 members represent the territorial Constituencies in the States. 20 represent the Union territories .

the bill is considered passed.•Motions of no confidence against the government can only be introduced and passed in the Lok Sabha. after the bill has been passed by the House where it was originally tabled (Lok Sabha or Rajya Sabha). where it can be deliberated on for up to 14 days. •Money bills can only be introduced in the Lok Sabha. . where it may be kept for a maximum period of 6 months. or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha. This is a limitation on the Lok Sabha. or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by the House. it is sent to the other house. and upon being passed. It cannot be dissolved. •If the Lok Sabha is dissolved before or after the declaration of a National Emergency. If not rejected by the Rajya Sabha. the Rajya Sabha becomes the sole de facto and de jure Parliament. •The budget is presented in the Lok Sabha by the Finance Minister in the name of the President of India. •In matters pertaining to non-financial (ordinary) bills. are sent to the Rajya Sabha.

. Its members are indirectly elected by members of legislative bodies of the States. •The minimum age for a person to become a member of Rajya Sabha is 30 years. •Representatives of States are elected by the elected members of the Legislative Assembly of the State in accordance with system of proportional representation by means of single transferable vote. •The Council of States is designed to maintain the federal character of the country. 31 from Uttar Pradesh and one from Nagaland). •The Rajya Sabha has 250 members in all. •Representatives of Union Territories are indirectly elected by members of an electoral college for that territory in accordance with system of proportional representation. Elections to it are scheduled and the chamber cannot be dissolved.•The Rajya Sabha is also known as "Council of States" or the upper house.g. The number of members from a state depends on the population of the state (e. Each member has a term of 6 years and elections are held for one-third of the seats after every 2 years.

•Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of the total membership of the House and at least two-thirds majority of the members present and voting). •Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a state. •Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by two-thirds of the membership of the House). •Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least twothirds majority of the members present and voting). .

and to give an equal balance between State Assembly members and National Parliament members. If no candidate receives a majority of votes there is a system by which losing candidates are eliminated from the contest and votes for them transferred to other candidates.   . by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state legislatures (Vidhan Sabhas). Incumbents are permitted to stand for re-election. The President is elected. as well as the Supreme Commander of the Indian Armed Forces. until one gains a majority. and serves for a term of five years. ruling party (majority in the Lok Sabha) nominees have been elected and run largely uncontested. A formula is used to allocate votes so there is a balance between the population of each state and the number of votes assembly members from a state can cast. from a group of nominees. The President of India. Historically. is the head of state and first citizen of India.

•Legislative powers •Article LIII Executive powers •Financial powers • Judicial powers • Diplomatic powers • Military powers •Emergency powers  National emergency  State emergency  Financial emergency .

•A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. •The process may start in either of the two houses of the Parliament. A President can be removed for violation of the Constitution of India. The notice is sent up to the President and 14 days later. If the second house also approves the charges made by two-third majority again. the President has the right to defend himself/herself through an authorized counsel. The house initiates the process by leveling the charges against the President. •No President has faced impeachment proceedings. no other penalty can be given to the President for the violation of the Constitution. It is then sent to the other house. The other house investigates the charges that have been made. Other than impeachment. the above provisions have never been used .•The President may be removed before the expiry of his/her term through impeachment. the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Hence. During this process. it is taken up for consideration. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house.

.

Judicial Review refers that the Constitution is the supreme power of the nation and all laws are under its supremacy. Judicial Review is dealt with under Article 13. . •It brings about accountability and transparency. In the Indian constitution.•Judicial review is adopted in the Constitution of India from the Constitution of the United States of America. to ensure that democracy is inclusive and that there is accountability of everyone who wields or exercises public power. •Judicial review is the protector of the Constitution •It is the significance of judicial review.

and where a separation is possible. after the coming into force of constitution. • In a similar manner. otherwise the laws and amendments will be deemed to be void-ab-initio. If such an interpretation is not possible because of inconsistency. the Supreme Court or High Court interprets the laws as if they are in conformity with the Constitution. •In such situations. In addition to article 13. 124. 131. articles 32. if in conflict with it in all or some of its provisions then the provisions of constitution will prevail and the provisions of that pre-constitutional law which conflicts the provisions of the constitution will not be in force until an amendment of the constitution relating to the same matter. 228 and 246 provide a constitutional basis to the Judicial review in India . laws made after adoption of the Constitution by the Constituent Assembly must be compatible with the constitution. the provision that is inconsistent with constitution is considered to be void. In such situation the provision of that law will again come into force.• All pre-constitutional laws. if it is compatible with the constitution as amended. 219. This is called the Doctrine of Eclipse.

. which caused various cases getting nullified. • The Supreme Court then introduced the system of Judicial Review.• In the beginning. •The judges then after breaking the shackles were are loggerheads with the legislation. •After the Emergency. the judiciary was at the receiving end for having delivered a series of judgments which were perceived by many as being violative of the basic human rights of Indian citizens and changed the way it looked at the constitution. •The legislature then put on a crass face and forced the Supreme Court to follow the.rule by classes and not masses phase from 1950-1975. the Supreme Court of India was cautious and circumspect and pro-legislature as seen from the A K Gopalan hearing.

from high policy matters like the President's power to issue a proclamation on failure of constitutional machinery in the States like in Bommai case. to the highly discretionary exercise of the prerogative of pardon like in Kehar Singh case or the right to go abroad as in Satwant Singh case.Judicial review extends to every governmental or executive action . . Judicial review knows no bounds except the restraint of the judges themselves regarding justifiability of an issue in a particular case.

131-136. This grants the court a powerful instrument of judicial review under the constitution. •Both the political theory and text of the Constitution has granted the judiciary the power of judicial review of legislation.251.•The Indian Constitution adopted the Judicial Review on lines of US Constitution.145.254 and 372. 32. • Moreover the Supreme Court enjoys a position which entrusts it with the power of reviewing legislative enactments both of Parliament and the State legislatures.143. Parliament is not supreme under the Constitution of India. . Its powers are limited in a manner that the power is divided between centre and states.246. •The constitutional provisions which guarantee judicial review of legislations are articles 13.226.

. In order to be a path-breaking trend it must be a sure step in the right direction. Any step satisfying these requirements and setting a new trend to achieve justice can alone be a New Dimension of Justice and a true contribution to the growth and development of law meant to achieve the ideal of justice.It must always be remembered that a step taken in a new direction is fraught with the danger of being a likely step in a wrong direction.

.

Aakash Modi (Data Collector) •412.•401.Yash Ambegaokar (Q and Ans ) .Viraaj Shah (Presentation Created and Conceptualized) •423.Mrudul Neralla (Q and Ans ) •415.Mihir Shah (Speaker) •421.Manan Lakhani (Data Collector) •411.Arjun Kaushik (Speaker) •410.Kushal Raja (Data Collector) •419.Apoorva Arora (Speaker) •405 – Neha Jain (Speaker) •407.