Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
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2nd Mar 2023
Executive
Titbits
- President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
- Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
- MLCs not included in electoral college of either president or VP
- Value of votes of all elected MPs = Value of votes of all elected MLAs
- Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
- Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
- Impeachment for violation of constitution by ⅔ absolute majority
- Vacancy in presidential office, VP and in his absence CJI
- President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
- President appoints judges of supreme court as well as high court
| Issue | President | Governor |
| Head | Head of the country, head of govt is PM | Head of a state, head of govt is CM |
| Executive power | All executive action in his name | Same |
| Oath | Preserve, protect and defend the constitution | Same |
| Appointment | Indirect election | Nominated by president; representative of union in states |
| Removal | Impeachment | President can remove him any time/ pleasure principle |
| Grounds of removal | Violation of constitution | No grounds mentioned |
| Advice of council of minister | Binding (42nd amendment), can return the advice once (44th amendment) | binding save for exceptional circumstances (various supreme court judgements) |
| Ordinance | Art 123, when either house is not in session, not for CAB | Art 213, same |
| Ordinary bill | Can be sent for reconsideration once to parliament, bound to give assent after that | same |
| Money bill | Can’t send for reconsideration (after all president himself recommends the bill) | same |
| Constitution amendment bill | Has to give his assent (24th amendment) | No role |
| if governor reserves the bill for president (article 200) | Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) | No further role of governor |
| If house sends the bill back in the same form | Not bound to give assent <governor is bound to give assent after repassage> | No role |
| Clemency power | Can pardon death sentence and court martial sentences | Can’t pardon death sentence, no role in military matters |
Bills which must be reserved for President’s consideration
- bills derogating the powers of the High Court (art 200)
- imposition of taxes on water or electricity in certain cases (Article 288)
- during a Financial Emergency (art 360)
Bills which may be reserved for President’s consideration and assent for specific purposes
a). To secure immunity from operation of Articles 14 and 19. These are Bills for
- acquisition of estates, etc. (Article 31A(I (b))
- giving effect to Directive Principles of State Policy (Article 31C)
(b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)
(c) Legislation imposing restrictions on trade and commerce
Titbits
-
- President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
- Ministers are appointed on the advice of PM or CM (no discretion)
- CM of UTs is appointed by President not Lt. Governor
- Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
- Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
- Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
- Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
- The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)
Governor of state v/s LG of Delhi
| Governor/ state | LG/ Delhi | |
| Appointment of CM/ ministers | By governor | By president |
| Ministers hold office till pleasure of | Governor | President |
| Discretion | Very limited | Can refer any matter to president if not satisfied |
| Who can make Laws on state list | Only state legislature ordinarily | Parliament as well as state legislature |
Civil services
While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.
All India Services: Common to both centre and states
- Recruitment by the centre, serve under states
- 3 all India services – IAS, IPS and Indian forest services <created in 1968>
- Parliament can create a new IAS if RS passes a resolution by ⅔ majority
- Central govt makes service rules in consultation with state govt
- Work under the pleasure of the president with safeguards
Legislature
Parliament –
Loksabha (house of people) + RajyaSabha (Council of states) + President
| LokSabha | RajyaSabha | |||
| Other names | Lower house, house of people | Upper house, council of states | ||
| Total strength (state+UT+nominated) | 530+13+2 (Nomination Discontinued) |
229 elected from states + 4 from UTs + 12 Nominated by president | ||
| Maximum strength (state+UT+nominated) | 530+20+2 (Nomination Discontinued) |
238 +12 | ||
| Mode of election | Direct election – First past the post | Indirect by MLAs – proportional representation by single transferable vote | ||
| Life cycle | 5 yr or until dissolved | Continuing chamber (6 year of MP) | ||
| Min age to contest polls | 25 | 30 | ||
| Presiding officer | Speaker | Vice President (Ex officio | ||
| Who can be nominated | Anglo Indians |
|
| LS | RS | |
| Money Bill, certification and voting on it | Introduced here, speaker certifies can vote and amend | Can’t be introduced, can’t vote, can only send recommendation within 14 days |
| Estimate committee members | All 30 from LS | No role |
| Joint sitting presided by | Speaker > deputy speaker | Not by VP |
| National emergency discontinuation | Resolution by LS | No role |
| No confidence motion, censure motion adjournment motion | Only in LS |
| RS | LS | |
| Parliamentary law on state list | Authorizes (Art 249) | |
| Creation of new AIS | Authorizes (Art 312) | |
| Introduction of motion to remove VP | Introduced here and passed by effective majority | LS – simple majority required |
Presiding officers
Speaker of previous LS vacates post before first meeting of new LS
President appoint speaker Pro Tem – usually senior most member
Presides over first meeting, oath to members, election of speaker
Speaker is elected and pro tem cease to exist
Speaker fixes the date for election of deputy speaker
Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence
Election and removal (Speaker, deputy and vice CP) and salary
Election -By the members of particular house by simple majority
Removal – 14 days notice and effective majority of house
Charged on CFI and thus non votable
Titbits:
- President is part of parliament but not the presiding officer of any house
- VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
- President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
- Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
- Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills
Unique provisions
- Question hour and not Zero hour is first hour of parliamentary proceeding.
- Indian innovation – Zero hour and Calling attention motion
- Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
- Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
- Adjournment motion is extraordinary device to draw attention to urgent matter of public importance
| Ordinary Bill | Money bill | CAB | |
| Government approval | No | Required (introduced by minister only) | No |
| Introduction | Either house | Only LS | Either house |
| Passage | Simple majority | Simple | Special |
| Amendments | Simple majority | RS only recommends changes within 14 days | Special majority |
| Deadlock | President can call Joint session after 6 month | LS doesn’t have to accept recommendations, bill is passed as such | No joint sitting |
| Returning by President | Can return once for reconsideration or withhold assent | Can’t return, either assent or reject | Shall assent |
Titbits:
- Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
- Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
- Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)
Budget (Annual Financial Statement, Article 112)
- Presentation of budget by FM
- General discussion – discuss as a whole
- Scrutiny by departmental committees – for 3 to 4 weeks
- Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
- Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
- Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved
| Fund | Consolidated fund | Contingency | Public accounts |
| What comes | All receipts and payments | Money comes from CFI to meet unforeseen expenditure | All public money except CFI (provident fund, remittances etc) |
| Parliamentary approval | Yes | No. finance secretary on behalf of president | Not required, executive operates |
Titbits:
- Charged expenditure can be discussed but not voted
- Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
- Salaries and Expenditure of election commission is not charged on CFI
- Salary of high court judges is charged on CF of states while their pension in charged on CFI
State legislative assembly (Vidhansabha)
Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS
Differences are mentioned below
Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP
Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority
Titbits:
- Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
- Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
- No provision for joint sitting in states
- Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
- ⅚ indirectly elected, ⅙ nominated
Governor can reserve all the bills for presidential assent
Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration
Situations where Parliament can pass bill on state subject
| Condition | Duration |
| National emergency | 6 months after expiry of emergency |
| President’s rule | Indefinitely but legislature can repeal or modify |
| International treaty/ agreement | Indefinitely |
| RS passes a resolution by ⅔ majority | 1 year of resolution plus 6 months <resolution can be passed again> |
| 2 or more states pass the resolution <applicable only ti those states> | Indefinitely |
Types of majority
Eg. Total seats – 545
Vacancies due to death and resignation – 10
Absence – 20
Total vote cast – 500 ( 15 present did not cast vote)
| Type | Simple | Effective | Absolute | ⅔ majority | Special | Absolute ⅔ |
| Definition | 50% present and voting +1 | 50% of (total – vacancies) +1 | 50% of total + 1 | ⅔ present and voting +1 | Absolute and ⅔ simultaneously | ⅔ of total +1 |
| Example | (500/2) +1 | (545-10)/2 +1 | (545/2) +1 | (⅔*500) +1 | (⅔*545) | |
| Used | Ordinary bill, money bill | Removal of speaker, deputy speaker in LS, VP and vice Cp in RS | No where | Art 249, 312, 169 | Art 368, removal of judges of supreme court, high court, CAG | Impeachment of president |
Parliamentary committees
| Committee | Estimates committee | Public accounts committee | Departmentally related standing committees (24) |
| Membership | 30 (LS) | 22 (15+7) | 21+10 |
| Appointment | Elected every year by proportional representation | Elected every year by proportional representation | Nominated by Speaker and CP |
| Chairperson | Ruling party member | Opposition member from 1967 | |
| Role | Examine estimates included in budget and suggest economies in expenditure | Examines audit report of CAG | Demand for grants and bills |
Other Standing Committees in each House, divided in terms of their functions, are:
- Committees to Inquire:
- Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
- Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;
- Committees to Scrutinise:
- Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
- Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
- Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
- Committees relating to the day-today business of the House:
- Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
- Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
- Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
- Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
- Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
- Committees concerned with the provision of facilities to members:
- General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
- House Committee deals with residential accommodation and other amenities for members;
- Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
- Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;
- The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;
- On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
- On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.
JOIN SMASH PRELIMS FOR COMPLETE PRELIMS PREPARATION.
Judiciary
Appointments:
- Parliament decide the number of judges of supreme court while president decide the numbers in high courts
- Both supreme court and high court judges are appointed as well as removed by president
- Salaries of high court judges is charged on CFS while pension is charged on CFI
- Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case
- District judges are appointed by governor in consultation with high courts
- Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
- A distinguished jurist can be appointed as judges of supreme court but not high court
- Removal by special majority of parliament on grounds of proved misbehavior or incapacity
- SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
- Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts
Jurisdictions of courts
| Exclusive (original by default) | Original <concurrent with high courts> | Appellate | Advisory |
| Petition only in supreme court (directly by default) | Directly in supreme court | Appeals from high court | President refers(art 143) |
| Federal disputes, inter state matters, disputes regarding election of president, VP | Writ under art 32 | Appeals, SLP | Not necessary to tender opinion except on pre constitutional matters |
Types of Writs
| Writ | Habeas Corpus | Mandamus | Prohibition | Certiorari | Quo Warranto |
| Meaning | -To produce the body
-Against arbitrary detention |
-We command
-to perform Official duty |
-To forbid
– from exceeding jurisdiction |
– to be certified
-transfer a case or quash an order |
-by what authority
-legality of claim to public office |
| Issued against | public as well as private authority | Public official, court, tribunal | Judicial, quasi Judicial | Judicial, quasi Judicial and administrative authorities | Substantive public office created by constitution or statute |
| Can’t be issues against | Lawful detention | private | Private, administrative, legislative | Private, legislative | Ministerial, private |
| Who can file | Aggrieved person | Aggrieved person | Aggrieved person | Aggrieved person | Any person |
Writ jurisdiction of Supreme court v/s High Court
| Court | Supreme court | High Court |
| Article | 32 | 226 |
| Scope | Only for FRs | FRs plus legal rights |
Powers of High Court and Supreme Court
There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :
1. Original Jurisdiction
Being a Federal court, the Supreme Court decides disputes between –
- Two or more states
- Centre and the state/states
- Centre and states on one side and the other states on the other side
In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.
However, this jurisdiction does not apply to the following cases-
- A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
- Any Inter-state water disputes.
- Matters that are referred to the Finance Commission.
- Recovery of the damages by a state against the Centre.
- An ordinary dispute that is commercial between the Centre and the states.
- A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
- An adjustment of certain expenses and pensions between the Centre and the states.
2. Writ Jurisdiction
The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.
3. Appellate Jurisdiction
Several appeals can be made in the Supreme Court of India. These appeals can be broadly classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters, and Special Leaves.
4. Advisory Jurisdiction
Under Article 143, the President of India has the right to seek the advice of the Supreme court when any question of law or fact of public importance which has arisen or is likely to arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.
5. Court of record
Herein, the Supreme Court of India has two powers, that are –
- It is given the authority to punish for the contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or both.
- The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony and they are recognized as legal precedents and legal references.
Some of the Powers that are granted to the High Court are the following –
1. Original Jurisdiction
The high courts are empowered to issue writs to enforce fundamental rights, as and when needed. Adding to this, they have original jurisdiction in cases that are related to will, divorce, contempt of court, and admiralty. Furthermore, election petitions can also be heard in the High Court.
2. Appellate Jurisdiction
An appeal can be made to the High Court against a district court’s decision, in the civil cases. If the dispute involves a value that is higher than Rs. 5000/- or on a question of fact or law, then an appeal can be made from the subordinate court, directly.
A person can move to the High Court if he has been awarded imprisonment of seven years and above under a criminal case. Appeals on constitutional matters can also be taken up in the High Court.
3. Administrative Powers
The high court is the controller of all the subordinate courts. It also has the right to ask for the details of the proceedings from the subordinate courts. The rules regarding the working of the subordinate courts are also issued by the High court.
The High Court can also appoint its administration staff and determine their salaries and allowances, and conditions of service.
4. Power of Judicial Review
High Courts hold the power of judicial review. They have the right to declare any law or ordinance as unconstitutional if it is found to be against the Constitution of India.
5. Power of Cancellation
A High Court alone can choose to certify the cases that it feels are fit for an appeal before the Supreme Court of India.
Qualification and Appointment
The Qualification that is needed to be a Judge in the Supreme Court of India are that he/she –
- Should be a citizen of the country.
- Should have been the judge of one of the high courts of the country for at least 5 years.
- The president of the country shall consider him to be a distinguished jurist.
- Should have been an advocate in any one of the high courts of the country for a period of 10 years.
It shall be noted that no minimum age of a Judge of the Supreme Court has been mentioned in the Indian Constitution.
The Qualification that is needed to be a judge in the Judge in the high court of the country is that he/she should –
- Have held a judicial office in the Indian territory for 10 years, OR
- Have been an advocate of the high court(s) for a minimum period of ten years.
Removal procedure
- A Supreme Court or a High Court Judge shall be removed from his post concerning an order passed by the President of the Country. However, this order of removal can only be issued after the Parliament presented and addressed him on the same matter.
- The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
- The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
- The procedure relating to the removal of a judge of the Supreme Court or the High Court is regulated by The Judges Enquiry Act (1968).
- It must also be noted that to date, no judge of the Supreme Court of India has been impeached by the Parliament and the President.
Constitutional Provisions
Articles 13, 32, 131-136, 143, 145, 226, 246, 251, 254, and 372 are the constitutional provisions that guarantee judicial review of legislation.
- Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
- Article 372 talks about the judicial review of the pre-constitution legislation.
- Both Articles 32 and 226 entrusts the roles of the protector of the constitution and guarantor of fundamental rights to the Supreme and the High Courts.
- Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
- Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
- All Articles from 131 to 136 entrusts the Indian court with the power to adjudicate the disputes between the individuals, between the individuals and the state, between the states and the union. However, the court may be required to interpret the provisions of the constitution and the interpretation that is given by the Supreme Court becomes the law that shall be honored by all courts of the land.
thanks its quite lucid notes for fast revsn