Discuss the Constitutional Position of the Governor of a State.

Ans- Constitutional Position of the Governor of a State

The Governor of a state in India holds a unique position within the constitutional
framework. As the constitutional head of the state, the Governor acts as a bridge
between the Union and the State. The position of the Governor is detailed in Part VI of
the Indian Constitution, particularly from Articles 153 to 162. Below is a detailed
analysis of the Governor's constitutional position.

1. Introduction to the Role of the Governor

The Governor is the nominal executive head of the state, similar to the role of the
President at the Union level. The Governor functions based on the aid and advice of the
Council of Ministers, led by the Chief Minister, except in certain discretionary
situations.
• Appointment and Tenure:
o The Governor is appointed by the President of India as per Article 155.
o The tenure is five years, but the Governor serves at the pleasure of the
President, as stated in Article 156.
• Eligibility:
As per Article 157 and Article 158, the Governor must:
o Be a citizen of India.
o Be at least 35 years old.
o Not hold any office of profit.

2. Powers and Functions of the Governor

The Governor’s powers can be broadly categorized as executive, legislative, judicial,
and discretionary.
a) Executive Powers
The Governor acts as the executive head of the state.
• Appointments:
o The Chief Minister is appointed by the Governor under Article 164.
o Other Ministers are appointed on the advice of the Chief Minister.
 o The Governor also appoints key officials, including the Advocate General
(Article 165) and members of the State Public Service Commission.
• Administration:
The Governor ensures that state administration is carried out as per the
Constitution.
b) Legislative Powers
The Governor plays a key role in the state legislature.
• Summoning and Dissolution:
Under Article 174, the Governor summons, prorogues, or dissolves the state
legislature.
• Assent to Bills:
As per Article 200, the Governor may:
o Give assent to a bill.
o Withhold assent.
o Reserve the bill for the President's consideration.
• Ordinance-making Power:
Under Article 213, the Governor can issue ordinances when the legislature is not
in session.
• Nomination of Members:
In states with Legislative Councils, the Governor nominates members with
expertise in literature, science, art, or social service (Article 171).
c) Judicial Powers
The Governor exercises certain judicial powers:
• Appointing district judges in consultation with the High Court.
• Granting pardons, reprieves, and remissions in certain cases, as per Article 161.
d) Discretionary Powers
The discretionary powers of the Governor have been a matter of debate. Some key
discretionary powers include:
• Reserving bills for the President’s consideration.
• Deciding on the Chief Minister when no party has a clear majority after elections.
• Sending reports to the President under Article 356, recommending President’s
Rule.
3. Governor as a Representative of the Union
The Governor acts as the link between the Union and the State.
• Article 356 empowers the Governor to report to the President if the constitutional
machinery in a state breaks down. This forms the basis for the imposition of
President’s Rule.
• The Governor ensures that the administration of the state is carried out in
conformity with the Constitution.

4. Controversies and Criticisms

The role of the Governor has been subject to criticism due to instances of misuse of
power and partisanship.
a) Appointment Issues
Governors are often seen as political appointees, leading to allegations of bias.
b) Misuse of Discretionary Powers
• Imposition of President’s Rule:
Critics argue that Governors have sometimes misused their discretionary powers
to recommend President’s Rule under Article 356.
o Example: SR Bommai v. Union of India (1994) clarified the limitations of
the Governor’s powers regarding President’s Rule.
• Selection of Chief Minister:
The Governor's discretion in appointing the Chief Minister has led to
controversies, particularly in hung assemblies.
c) Role in Legislation
The practice of reserving bills for the President’s consideration under Article 200 has
been criticized as delaying tactics in state legislatures.

5. Judicial Interpretations
Several landmark judgments have shaped the role of the Governor:
a) SR Bommai v. Union of India (1994)
• The Supreme Court ruled that the imposition of President’s Rule based on the
Governor’s report is subject to judicial review.
b) Rameshwar Prasad v. Union of India (2006)
 • The court held that the Governor cannot act arbitrarily and must function in
accordance with the Constitution.
c) Nabam Rebia v. Deputy Speaker (2016)
• The Supreme Court stated that the Governor cannot interfere in the internal
proceedings of the legislature.

6. Suggestions for Reform

To address the challenges associated with the role of the Governor, several reforms
have been proposed:
• Impartiality: Ensure that Governors remain politically neutral.
• Transparency: Clearly define the discretionary powers of the Governor to avoid
misuse.
• Consultation in Appointments: Involve the Chief Minister and State
Government in the appointment process.
• Judicial Oversight: Strengthen judicial review mechanisms to prevent the
misuse of powers.

Conclusion
The Governor occupies a critical position in India’s federal structure, serving as the
constitutional head of the state and the representative of the Union. While the
Governor’s powers and functions are well-defined in the Constitution, controversies
surrounding their role often arise due to political interference and ambiguity in certain
discretionary powers. For the effective functioning of the Indian federal system, it is
essential to ensure that the Governor’s role is performed impartially and in strict
adherence to constitutional principles. With appropriate reforms and safeguards, the
office of the Governor can contribute significantly to the stability and harmony of the
Indian federal structure.
Compare and contrast the pardoning power of the President with that of the
Governor of a State.
Ans- Comparison of Pardoning Power of the President and the Governor
The President of India and the Governor of a State are vested with the pardoning
power under the Constitution of India. These powers are essential in ensuring justice
and mercy, allowing for clemency in deserving cases. However, the extent and scope of
their powers differ, reflecting the hierarchical structure of governance in India.
1. Constitutional Basis
President's Pardoning Power
The President's pardoning powers are mentioned in Article 72 of the Indian
Constitution.
The President has the authority to grant pardons for offenses:
• Against Union laws.
• Committed in cases where the punishment is by a court-martial.
• In cases where the sentence is a death penalty.
Governor's Pardoning Power
The Governor’s pardoning powers are provided under Article 161 of the Indian
Constitution.
The Governor can grant pardons for offenses:
• Against state laws.
• In cases where the sentence is not a death penalty.

2. Types of Clemency Powers

Both the President and the Governor exercise similar forms of clemency, though their
scope varies. These powers include:
1. Pardon:
o Completely absolves the offender of the crime and punishment.
o The President can pardon a death sentence, while the Governor cannot.
2. Commutation:
o Substitutes one form of punishment with a lesser form (e.g., death penalty
to life imprisonment).
o Both the President and the Governor can commute sentences.
3. Remission:
o Reduces the term of the sentence without changing its character (e.g.,
reducing a 10-year sentence to 5 years).
o Both the President and the Governor can remit sentences.
4. Respite:
 o Awards a lesser punishment in cases of special circumstances, such as
pregnancy or physical disability.
o Both can grant respite.
5. Reprieve:
o Temporarily suspends the execution of a sentence to allow time for a
petition for pardon or commutation.
o Both the President and the Governor can grant reprieves.

3. Differences Between President and Governor’s Powers

Aspect President (Article 72) Governor (Article 161)

Covers offenses against Union laws,

Scope of Covers offenses against
court-martial cases, and death
Offenses state laws only.
penalties.

Cannot pardon a death

Can grant a pardon for a death
Death Penalty sentence but can commute
sentence.
it.

Court-martial Can grant pardons in court-martial Has no power in court-

Cases cases. martial cases.

Applicable to offenses under central Applicable to offenses under

Jurisdiction
legislation. state legislation.

Subject to judicial review in case of Also subject to judicial

Finality
procedural violations. review for procedural lapses.

4. Judicial Review of Clemency Powers

Though the powers of the President and the Governor appear absolute, they are subject
to judicial review to prevent arbitrariness.
Key Judgments
• Epuru Sudhakar v. Government of Andhra Pradesh (2006):
The Supreme Court held that clemency powers are not beyond judicial review. It
clarified that malafide exercise of these powers can be challenged.
 • Maru Ram v. Union of India (1981):
The Court emphasized that the Governor's powers under Article 161 must be
exercised on the advice of the Council of Ministers.
• Kehar Singh v. Union of India (1989):
The Supreme Court ruled that the President cannot exercise clemency powers
arbitrarily, and procedural fairness must be followed.

5. Significance of Clemency Powers

For the President
• Ensures justice in cases involving Union laws, court-martial, and extreme
punishments like the death penalty.
• Acts as a check on the judicial system by providing an opportunity to rectify
errors or injustices.
For the Governor
• Offers a mechanism to address injustices under state laws.
• Allows for localized discretion in cases involving state offenses.

6. Similarities in Clemency Powers

• Both act as instruments of justice and mercy.
• Both powers are exercised on the advice of their respective Council of Ministers.
• Both aim to rectify judicial errors or provide relief in exceptional cases.

7. Challenges and Criticism

1. Political Influence:
Clemency powers are sometimes criticized for being influenced by political
considerations rather than merit.
2. Lack of Transparency:
The decision-making process in granting pardons is often opaque, leading to
questions about fairness.
3. Delay in Decisions:
Long delays in processing mercy petitions, especially in death penalty cases,
have been a concern.
 4. Judicial Overreach:
The increasing scope of judicial review in clemency decisions has raised
concerns about undermining the constitutional authority of the President and
Governor.

8. Case Studies and Examples

1. President’s Clemency:
o The mercy petition of Kehar Singh, convicted in the assassination of Prime
Minister Indira Gandhi, was rejected by the President after careful
consideration.
o In recent years, petitions related to terrorism cases like those of Afzal Guru
(Parliament attack) and Yakub Memon (1993 Mumbai blasts) have
highlighted the political and ethical dilemmas in exercising clemency.
2. Governor’s Clemency:
o In the Rajiv Gandhi assassination case, the Tamil Nadu Governor
recommended the release of the convicts, raising debates about the scope
of the Governor’s powers.

Conclusion
The pardoning powers of the President and the Governor are critical to India’s justice
system. While the President's powers are broader in scope, especially in cases of death
penalties and court-martial, the Governor's powers are more localized. Both powers
must be exercised judiciously and with fairness to uphold justice and public
confidence. The judicial oversight ensures accountability, but reforms are needed to
enhance transparency and reduce delays in the process.
"The Prime Minister is the keystone of the cabinet arch".- Do you agree? Give
reasons for your answer.
Ans- The Prime Minister as the Keystone of the Cabinet Arch
The phrase “The Prime Minister is the keystone of the cabinet arch” emphasizes the
pivotal role of the Prime Minister in the Indian parliamentary system. As the leader of
the Council of Ministers, the Prime Minister occupies the central position in the
executive branch of government. The strength, unity, and functionality of the Cabinet
depend significantly on the leadership of the Prime Minister. Below is an analysis of the
Prime Minister’s role and significance in the Indian political system.
1. Introduction to the Prime Minister's Role
The Prime Minister is the head of the government and the chief advisor to the President
of India. The office is constitutionally established under Article 74, which mandates a
Council of Ministers headed by the Prime Minister to aid and advise the President in the
exercise of their functions.
The Prime Minister is the leader of the majority party or coalition in the Lok Sabha and is
considered the most powerful functionary in the government.

2. Powers and Responsibilities of the Prime Minister

a) Leader of the Cabinet
• The Prime Minister acts as the head of the Council of Ministers and determines
its structure and composition.
• Ministers are appointed and dismissed on the Prime Minister's advice, reflecting
their control over the Cabinet.
b) Policy Formulation
• The Prime Minister sets the agenda for Cabinet meetings and plays a crucial role
in policy formulation and decision-making.
• Major national and international decisions are taken under their leadership.
c) Coordination of Ministries
• The Prime Minister ensures coordination among various ministries and
departments, preventing conflicts and overlaps in governance.
• They act as the link between the President and the Cabinet.
d) Representation of the Nation
• The Prime Minister represents India on global platforms, shaping the country’s
foreign policy and international relations.
e) Crisis Management
• During emergencies, the Prime Minister plays a critical role in making swift
decisions, guiding the nation through challenges.

3. The Centrality of the Prime Minister in the Cabinet System

a) Power to Appoint and Remove Ministers
 • Ministers hold office at the pleasure of the President, but this is contingent on the
Prime Minister’s advice.
• This power ensures that the Prime Minister has a team that aligns with their vision
and policies.
b) Control Over the Council of Ministers
• The Prime Minister can allocate and reallocate portfolios among ministers,
maintaining control over the executive branch.
c) Authority in Decision-making
• As the chairperson of the Cabinet, the Prime Minister has the final say in
decisions made by the Council of Ministers.
d) Political Leadership
• The Prime Minister is the leader of the ruling party or coalition, providing political
stability and direction to the government.

4. Reasons Supporting the Prime Minister as the Keystone

a) Constitutional Mandate
The Constitution envisages a parliamentary system where the Prime Minister is the
central figure in the governance structure.
b) Democratic Norms
In a democracy, the leader of the majority party in the legislature is naturally the most
influential figure in government.
c) Practical Necessity
Efficient governance requires a central authority to coordinate and lead, a role fulfilled
by the Prime Minister.
d) Political Realities
The political culture of India places immense authority and responsibility on the Prime
Minister, often making them synonymous with the government itself.

5. Criticism and Limitations

While the Prime Minister is undoubtedly the keystone, there are certain checks and
challenges to their authority.
a) Coalition Politics
In coalition governments, the Prime Minister's authority may be diluted, as they need to
accommodate the interests of alliance partners.
• Example: During the UPA era (2004–2014), the Prime Minister had to balance the
demands of coalition partners, limiting unilateral decision-making.
b) Role of Regional Parties
Strong regional parties and leaders can challenge the authority of the Prime Minister,
especially in states.
c) Institutional Checks
The judiciary, the President, and independent constitutional bodies like the Election
Commission act as checks on the Prime Minister’s powers.
d) Parliamentary Oversight
The Prime Minister is accountable to the Lok Sabha, which can question and scrutinize
their actions.

6. Judicial Interpretations
a) Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court held that India’s parliamentary system is based on the collective
responsibility of the Cabinet, led by the Prime Minister.
b) S.R. Bommai v. Union of India (1994)
The Court emphasized the federal nature of India’s polity and the need for the Prime
Minister to respect the autonomy of states.

7. Comparison with Other Parliamentary Systems

In the Westminster system, the Prime Minister is often described as "primus inter
pares" (first among equals). However, in India, the Prime Minister often wields greater
authority compared to their counterparts in the UK or Canada due to political and
cultural factors.

Conclusion
The Prime Minister undeniably serves as the keystone of the cabinet arch in India. Their
role is central to the functioning of the government, providing leadership, coordination,
and direction. While there are challenges to their authority, the constitutional design,
democratic norms, and political culture of India firmly place the Prime Minister at the
helm of governance. The phrase aptly captures the indispensable role played by the
Prime Minister in the Indian parliamentary system.
What is meant by 'Collective Responsibility' of the Ministers?
Ans- Collective Responsibility of the Ministers
The concept of "collective responsibility" is a fundamental principle of parliamentary
democracy, including India. It emphasizes the unity and accountability of the Council
of Ministers to the legislature, ensuring cohesive governance. Rooted in the
Constitution and parliamentary practices, this doctrine has shaped the functioning of
the executive in India.

1. Definition and Meaning

Definition
Collective responsibility means that all members of the Council of Ministers, led by the
Prime Minister, are collectively responsible to the legislature for all decisions and
policies of the government.
Key Features
• The ministers act as a unified body, and decisions are made collectively in the
Cabinet.
• If a minister disagrees with a policy or decision, they must either support it
publicly or resign from their position.
Constitutional Basis
• Article 75(3): The Council of Ministers is collectively responsible to the House of
the People (Lok Sabha).
• This means that the Lok Sabha can hold the entire Council of Ministers
accountable, including passing a vote of no confidence to dismiss them.

2. Origin and Evolution

Historical Roots
• The doctrine of collective responsibility originated in the British parliamentary
system, which India adopted after independence.
• In Britain, this principle ensures that the government operates with a united front,
a practice carried forward in India’s parliamentary framework.
Evolution in India
 • The principle has been consistently upheld in India since the first government
was formed under Prime Minister Jawaharlal Nehru.
• Over the years, it has become a cornerstone of executive accountability.

3. Key Features of Collective Responsibility

a) Unified Decision-making
All ministers share equal responsibility for decisions taken by the Cabinet, irrespective
of their individual roles.
b) Accountability to the Legislature
The Council of Ministers is accountable to the Lok Sabha. A loss of majority support in
the Lok Sabha leads to the resignation of the entire Council of Ministers.
c) Support or Resignation
Ministers who disagree with Cabinet decisions must either abide by them or resign.
Open dissent is not allowed.
d) Resignation of the Entire Council
A vote of no confidence against the government results in the resignation of the entire
Council of Ministers, not just individual ministers.

4. Implementation in Practice
Decision-making in the Cabinet
• Decisions are discussed and debated in Cabinet meetings.
• Once a decision is finalized, it becomes the collective decision of the
government.
Examples in Indian Politics
• 1989 V.P. Singh Government: The V.P. Singh-led government resigned after losing
a vote of no confidence in the Lok Sabha.
• 1979 Morarji Desai Government: The Janata Party government headed by Morarji
Desai resigned after losing majority support.

5. Advantages of Collective Responsibility

a) Ensures Unity in Governance
The doctrine fosters unity among ministers, presenting a single, cohesive front to the
public and legislature.
b) Enhances Accountability
It ensures that the entire government is accountable to the legislature for its actions
and policies.
c) Promotes Efficient Decision-making
Ministers must align with collective decisions, reducing conflicts and ensuring smooth
governance.
d) Strengthens Democratic Principles
The principle reinforces the democratic ideal of executive accountability to the elected
representatives of the people.

6. Challenges to Collective Responsibility

a) Coalition Politics
• In coalition governments, differences between alliance partners can undermine
the principle of collective responsibility.
• Example: During the UPA and NDA governments, coalition partners occasionally
disagreed with policies but remained in the alliance for political reasons.
b) Public Dissent
• Instances of ministers expressing dissent publicly contradict the spirit of
collective responsibility.
• Example: During the Janata Party government (1977–1979), internal differences
weakened collective governance.
c) Over-centralization of Power
• Excessive dominance of the Prime Minister can dilute the principle of collective
decision-making, as seen during the Emergency period (1975–1977).

7. Judicial Interpretations
The judiciary has played a crucial role in interpreting the doctrine of collective
responsibility in India.
a) State of Rajasthan v. Union of India (1977)
The Supreme Court reiterated that the Council of Ministers is collectively responsible to
the legislature.
b) R.K. Garg v. Union of India (1981)
The Court upheld that decisions of the Cabinet are binding on all ministers, reflecting
collective responsibility.
c) S.R. Bommai v. Union of India (1994)
This landmark case emphasized the need for the government to maintain majority
support in the legislature to uphold the principle of collective responsibility.

8. Collective Responsibility vs. Individual Responsibility

While collective responsibility binds the entire Council of Ministers, individual
responsibility is the accountability of each minister for their portfolio.
Differences

Aspect Collective Responsibility Individual Responsibility

Applies to the entire Council of

Scope Applies to individual ministers.
Ministers.

To the Prime Minister for departmental

Accountability To the Lok Sabha as a whole.
work.

Requires resignation of the Leads to the resignation of the

Resignation
entire Council. concerned minister only.

9. Role in Strengthening Parliamentary Democracy

The principle of collective responsibility ensures that:
• The government operates with unity and coordination.
• The legislature has the power to hold the executive accountable, fostering
transparency.
• Ministers are bound by shared accountability, preventing arbitrary actions.

Conclusion
The doctrine of collective responsibility is a cornerstone of India’s parliamentary
democracy, ensuring unity, accountability, and stability in governance. Despite
challenges like coalition politics and internal dissent, it remains an essential feature of
the executive’s functioning. By adhering to this principle, the government ensures
democratic accountability, effective decision-making, and a cohesive approach to
policy implementation.
How is the House of the People constituted?
Ans- Constitution of the House of the People (Lok Sabha)
The House of the People, or Lok Sabha, is the lower house of the Indian Parliament
and represents the people of India. Its structure, composition, and functioning are
outlined in the Constitution of India, particularly in Articles 79 to 123. Below is a
detailed explanation of how the Lok Sabha is constituted.

1. Definition and Structure

The Lok Sabha is the directly elected body of the Indian Parliament. It serves as the
principal forum for the expression of public opinion and legislative decision-making.
Maximum Strength
• Article 81 provides for the maximum strength of the Lok Sabha to be 552
members.
o 530 members represent the states.
o 20 members represent the Union Territories.
o 2 members can be nominated by the President to represent the Anglo-
Indian community (this provision has since been abolished by the 104th
Constitutional Amendment Act, 2019).

2. Composition of the Lok Sabha

a) Elected Members
• Members of the Lok Sabha are elected by the people of India through universal
adult suffrage.
• Elections are conducted based on the first-past-the-post system, where the
candidate securing the highest number of votes in a constituency is declared the
winner.
b) Representation of States
• Seats are allocated to states based on their population, ensuring proportional
representation.
 • Larger states like Uttar Pradesh have more seats compared to smaller states like
Sikkim.
c) Representation of Union Territories
• Seats for Union Territories are allocated directly by the Parliament, and
representatives are elected similarly through direct elections.
d) Nominated Members
• Initially, two Anglo-Indian members could be nominated by the President to
ensure representation, but this provision was removed in 2019.

3. Eligibility Criteria for Membership

To be eligible for election to the Lok Sabha, a person must:
• Be a citizen of India.
• Be at least 25 years of age.
• Not hold any office of profit under the government.
• Possess other qualifications as prescribed by law (e.g., not being disqualified
under anti-defection laws).

4. Duration of the Lok Sabha

• The Lok Sabha has a term of five years, as per Article 83(2).
• However, it can be dissolved earlier by the President on the advice of the Prime
Minister.
• During a national emergency, the term can be extended by one year at a time.

5. Elections and Delimitation

• Delimitation determines the boundaries of constituencies for elections,
ensuring fair representation.
• The Delimitation Commission of India is responsible for this process.
• The current number of constituencies is based on the 1971 Census, as per a
freeze on delimitation until 2026.

6. Role and Importance

The Lok Sabha plays a pivotal role in governance, including law-making, budget
approval, and holding the executive accountable. Its composition ensures
representation from all parts of the country, reflecting the diversity and unity of India.

Conclusion
The House of the People is a vital institution of Indian democracy, ensuring that the will
of the people is represented in governance. Its structure and composition are carefully
designed to balance proportional representation with effective decision-making. The
Lok Sabha’s role as the voice of the people underscores its importance in the Indian
parliamentary system.
Explain the qualifications that a person must possess in order to become the
member of the House of the people.
Ans- Qualifications for Membership in the House of the People (Lok Sabha)
To become a member of the House of the People (Lok Sabha), a person must meet
specific qualifications as laid out in the Constitution of India and other statutory
provisions. These qualifications ensure that members of the Lok Sabha are capable
and fit to represent the people in the Indian Parliament.

1. Constitutional Provisions
The qualifications for membership in the Lok Sabha are detailed in Article 84 of the
Constitution. These provisions are supplemented by relevant sections of the
Representation of the People Act, 1951.

2. Key Qualifications
a) Citizenship of India
• The person must be a citizen of India.
• Citizenship is essential to ensure loyalty and allegiance to the country.
b) Minimum Age
• The candidate must have attained the age of 25 years.
• This age limit reflects the maturity and understanding required for legislative
responsibilities.
c) Name in the Electoral Roll
 • The person must be a registered voter in any parliamentary constituency in
India.
• This requirement ensures that the candidate is actively participating in the
democratic process.
d) No Disqualification under the Law
• The candidate must not be disqualified under the provisions of the Constitution
or the Representation of the People Act, 1951.

3. Additional Qualifications under the Representation of the People Act, 1951

a) Mental Soundness
• The candidate must not be of unsound mind, as declared by a competent court.
• This ensures that members are capable of making rational decisions.
b) Solvency
• The person must not be an undischarged insolvent.
• This means the candidate should not have pending bankruptcy issues that
undermine financial integrity.
c) Office of Profit
• The person must not hold an office of profit under the government of India or any
state, except offices declared by law as not disqualifying.
• This avoids conflicts of interest and ensures impartiality in legislative duties.
d) Criminal Conviction
• A person convicted of an offense and sentenced to imprisonment for two years
or more is disqualified. However, the disqualification ceases after six years from
the date of release from imprisonment.

4. Special Provisions for SC/ST Representation

• Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in the
Lok Sabha.
• A candidate belonging to these categories must provide proof of caste or tribal
status as recognized by the government.

5. Judicial Interpretations
K. Prabhakaran v. P. Jayarajan (2005)
The Supreme Court ruled that the qualifications under Article 84 are mandatory and
must be strictly adhered to.

Conclusion
The qualifications for membership in the Lok Sabha ensure that the representatives are
competent, responsible, and capable of upholding the principles of democracy. By
setting these standards, the Constitution and related laws strive to maintain the
integrity and effectiveness of the Indian parliamentary system.
Discuss the power and functions of the House of the People.
Ans- Powers and Functions of the House of the People (Lok Sabha)
The House of the People (Lok Sabha) is the lower house of the Indian Parliament. As
the directly elected body representing the citizens of India, the Lok Sabha plays a
crucial role in the legislative, executive, financial, and judicial functions of governance.
Its powers and responsibilities are derived from the Constitution of India and are
essential for the functioning of Indian democracy.

1. Legislative Powers
The primary function of the Lok Sabha is to make laws for the country.
a) Power to Make Laws
• The Lok Sabha, along with the Rajya Sabha, enacts laws on subjects enumerated
in the Union List and the Concurrent List under the Seventh Schedule.
• In case of a conflict between the two houses, a joint sitting is called under
Article 108, presided over by the Speaker of the Lok Sabha.
b) Exclusive Legislation on Money Bills
• The Lok Sabha has exclusive authority to pass Money Bills as per Article 110.
• The Rajya Sabha can only suggest amendments, which the Lok Sabha may
accept or reject.
c) Approval of Ordinances
• Ordinances issued by the President under Article 123 must be approved by the
Lok Sabha within six weeks of its reassembly, ensuring legislative oversight.

2. Executive Powers
The Lok Sabha exercises significant control over the executive branch of the
government.
a) Formation and Continuance of the Government
• The Council of Ministers, headed by the Prime Minister, is collectively
responsible to the Lok Sabha under Article 75(3).
• The government must enjoy the confidence of the majority in the Lok Sabha to
remain in power.
b) Vote of No Confidence
• The Lok Sabha can remove the government by passing a vote of no confidence,
leading to its resignation.
• Example: The Vajpayee government fell in 1999 due to a lack of majority in the
Lok Sabha.
c) Question Hour and Debates
• Members of the Lok Sabha can question ministers, ensuring accountability.
• Discussions, debates, and motions are tools to scrutinize government policies
and actions.

3. Financial Powers
The Lok Sabha holds the power of the purse, making it the most influential body in
financial matters.
a) Exclusive Authority over Money Bills
• As per Article 110, a Money Bill can only be introduced in the Lok Sabha.
• The Rajya Sabha cannot amend or reject a Money Bill; it can only make
recommendations.
b) Approval of the Budget
• The Lok Sabha passes the Annual Financial Statement (Budget), including
proposals for taxation and expenditure.
• Without its approval, no funds can be withdrawn from the Consolidated Fund of
India.
c) Financial Oversight
• Through committees like the Public Accounts Committee (PAC) and Estimates
Committee, the Lok Sabha ensures the proper use of public funds.
4. Judicial Powers
The Lok Sabha has certain judicial responsibilities as well.
a) Impeachment of the President
• The Lok Sabha can participate in the impeachment process of the President
under Article 61 for violation of the Constitution.
b) Removal of Judges
• The Lok Sabha, along with the Rajya Sabha, plays a role in the removal of judges
of the Supreme Court and High Courts for proven misbehavior or incapacity
under Article 124(4).
c) Punishment for Contempt
• The Lok Sabha has the authority to punish individuals for contempt of the house.

5. Electoral Functions
The Lok Sabha participates in several electoral processes.
a) Election of the President
• Members of the Lok Sabha, along with the Rajya Sabha and State Legislative
Assemblies, constitute the Electoral College for the election of the President
under Article 54.
b) Election of the Vice-President
• Members of the Lok Sabha and Rajya Sabha together elect the Vice-President
under Article 66.
c) Election of the Speaker and Deputy Speaker
• The Lok Sabha elects the Speaker and Deputy Speaker, who preside over its
sessions and maintain order.

6. Amendment of the Constitution

The Lok Sabha plays an essential role in constitutional amendments under Article 368.
a) Joint Role with Rajya Sabha
• Both houses must pass a Constitutional Amendment Bill by a majority of the total
membership and a two-thirds majority of members present and voting.
b) Key Amendments
• Example: The 42nd Amendment Act, 1976, and the 73rd Amendment Act,
1992, were passed with the active involvement of the Lok Sabha.

7. Powers in Case of Emergency

During emergencies, the Lok Sabha has expanded powers.
a) National Emergency
• Under Article 352, the Lok Sabha can approve or revoke a proclamation of
national emergency.
• A special majority is required for its continuation beyond six months.
b) President’s Rule
• Proclamations under Article 356 (President’s Rule in a state) must be approved
by the Lok Sabha within two months.
c) Financial Emergency
• The Lok Sabha approves measures related to Article 360, ensuring control over
financial operations during emergencies.

8. Role in Policy Formulation

The Lok Sabha influences government policies through:
• Resolutions and motions.
• Debates and discussions on national and international issues.
Example
In 1991, the Lok Sabha debated and supported India’s shift to economic liberalization,
marking a significant policy change.

9. Representation of the People

The Lok Sabha acts as the voice of the people by:
• Representing constituencies across India.
• Articulating the needs and aspirations of diverse groups.
• Ensuring that laws and policies reflect the will of the electorate.
10. Limitations of the Lok Sabha’s Powers
Despite its extensive powers, the Lok Sabha faces certain limitations:
• The Rajya Sabha can delay or amend certain bills, except Money Bills.
• Judicial review by the Supreme Court can annul unconstitutional laws.
• Coalition politics may lead to compromises in decision-making.

Conclusion
The Lok Sabha, as the people's house, wields extensive powers in legislative, financial,
executive, judicial, and electoral domains. Its role in shaping policies, ensuring
accountability, and representing the aspirations of the citizens underscores its
significance in India’s parliamentary democracy. By exercising these powers effectively,
the Lok Sabha contributes to good governance, the rule of law, and the strengthening of
democratic institutions.
Discuss the various provisions of the Constitution of India relating to appointment
of Judges of the Supreme Court.
Ans- Provisions Relating to the Appointment of Judges of the Supreme Court of
India
The appointment of judges to the Supreme Court of India is governed by the
Constitution of India and has undergone significant interpretation through various
judicial pronouncements. The provisions regarding the appointment are designed to
ensure the independence of the judiciary, while maintaining a balance with the
executive’s role in the appointment process. The procedure is primarily outlined in
Articles 124 to 128 of the Constitution of India. This essay discusses the key provisions
and the process of appointing judges to the Supreme Court, focusing on constitutional
mandates and judicial interpretations.

1. Article 124 - Establishment and Composition of the Supreme Court

a) Establishment of the Supreme Court
• Article 124 of the Constitution establishes the Supreme Court of India. It lays the
foundation for the appointment and qualification of judges.
b) Composition of the Supreme Court
• The Supreme Court is composed of a Chief Justice and such other judges as
may be prescribed by Parliament. As of now, there are a total of 34 judges,
 including the Chief Justice of India (CJI). The number of judges can be altered by
the Parliament of India.

2. Appointment of Judges Under Article 124(2)

a) The Process of Appointment
• Article 124(2) empowers the President of India to appoint judges of the Supreme
Court.
o The President appoints the Chief Justice of India (CJI) and other judges of
the Supreme Court.
o The President, however, must make these appointments in consultation
with other judges of the Supreme Court and High Courts.
b) Role of the Chief Justice of India (CJI)
• The President consults the CJI regarding the appointment of other judges.
• In the case of the Chief Justice, the President must appoint a person who is the
most senior judge of the Supreme Court, following the convention established
by seniority.

3. Collegium System
a) Evolution of the Collegium System
• The Collegium System is a significant judicial innovation that emerged through
judicial interpretation and practice.
• Initially, the President's power to appoint judges was exercised with the advice
and consultation of the Executive. However, over time, the Supreme Court
established the Collegium System in the Second Judges Case (1993) and Third
Judges Case (1998), interpreting the word "consultation" in Article 124(2) to
mean concurrence.
b) The Collegium System
• The Collegium consists of the Chief Justice of India and the four senior-most
judges of the Supreme Court.
• The Collegium recommends the appointment of judges to the Supreme Court
and transfers High Court judges.
• The Collegium's recommendations are sent to the President for formal
appointment.
 • If the President rejects the recommendations, the Collegium can send the
proposal again. The President is required to appoint the recommended judges.
c) Judicial Independence and the Collegium
• The creation of the Collegium system was aimed at protecting the independence
of the judiciary, preventing political influence over judicial appointments.
• The decision-making process of the Collegium remains confidential, and its
members are accountable for the recommendations made.

4. Qualifications for Appointment as a Judge

a) Constitutional Requirements
• Article 124(3) of the Constitution prescribes the qualifications for judges of the
Supreme Court. A person must:
o Be a citizen of India.
o Have served as a judge of a High Court for at least five years, or
o Be an advocate of a High Court for at least ten years, or
o Be a person who, in the opinion of the President, is eminent in legal
knowledge.
b) Role of the Collegium in Selecting Judges
• The Collegium assesses the qualifications, suitability, and legal expertise of
potential candidates before making recommendations for judicial appointments.

5. Consultation with Other Judges

a) The Consultation Process
• The Constitution mandates consultation with other judges of the Supreme Court
and High Courts for judicial appointments. This ensures that the judicial
appointments reflect the consensus of the judiciary.
b) Case Law on Consultation
• The Second Judges Case (1993) and Third Judges Case (1998) reinforced that
the "consultation" mentioned in Article 124 should not be seen as a mere
formality. In these cases, the Supreme Court held that the opinion of the Chief
Justice of India and the Collegium of senior-most judges must be taken into
account when making appointments.
6. Transfer of Judges
a) Transfer of High Court Judges
• The President, in consultation with the Chief Justice of India, has the authority to
transfer judges of High Courts to other High Courts. This is done to ensure
uniformity in the administration of justice and prevent any regional biases or
conflicts.
b) Judicial Review of Transfers
• In 2002, the Supreme Court ruled that judicial review of judicial transfers is
permissible. This was important to ensure that transfers are not used for political
or arbitrary reasons.

7. Tenure and Removal of Judges

a) Tenure of Judges
• Judges of the Supreme Court hold office until they attain the age of 65 years (as
per Article 124(2)).
b) Removal of Judges
• A Supreme Court judge can be removed only through impeachment by
Parliament for proved misbehavior or incapacity. The process is outlined in
Article 124(4).
• The motion for impeachment must be initiated in either the Lok Sabha or the
Rajya Sabha, and it requires a majority of two-thirds of the members present and
voting.

8. Judicial Appointments and Public Opinion

a) Transparency and Accountability
• There has been ongoing debate regarding the transparency of the Collegium
System. Advocates argue that it lacks sufficient public accountability and is not
entirely transparent.
• Attempts to reform the process have led to proposals like the National Judicial
Appointments Commission (NJAC), which was struck down by the Supreme
Court in 2015, citing the risk of compromising judicial independence.
b) Challenges and Reforms
 • Despite the need for reforms, the issue of judicial appointments remains a
delicate one, balancing the need for judicial independence with the broader
concerns of transparency and accountability.

9. The Role of the President in Appointments

• The President's role in appointing judges is largely ceremonial once the
recommendations are made by the Collegium. The President can only delay the
process, but cannot refuse the appointment.

10. Conclusion
The appointment of judges to the Supreme Court is a vital aspect of ensuring the
independence of the judiciary and maintaining the integrity of the judicial system in
India. While the Constitution provides the framework for appointments, the evolution
of the Collegium system and its judicial interpretations reflect the ongoing balancing
act between executive and judicial powers. Though the process has its challenges, it
remains one of the cornerstones of India’s democratic framework, upholding the
principles of justice and fairness in governance.
Write a note on the Advisory jurisdiction of the Supreme Court.
Ans- Advisory Jurisdiction of the Supreme Court of India
The Advisory Jurisdiction of the Supreme Court of India is a unique and significant
provision under the Constitution of India that allows the President to seek the Court’s
opinion on legal matters of national importance. The advisory function of the Supreme
Court helps in providing guidance to the executive and legislature on constitutional
issues, fostering legal clarity, and maintaining the supremacy of the Constitution. This
jurisdiction is outlined under Article 143 of the Constitution.

1. Constitutional Basis of Advisory Jurisdiction

Article 143: Power of the President to Seek Advice
• Article 143 of the Constitution provides for the advisory jurisdiction of the
Supreme Court. It allows the President of India to refer any matter of public
importance or question of law to the Supreme Court for its advisory opinion.
• The provision empowers the President to ask the Supreme Court for its advice,
but the advice given by the Court is not binding in nature. It is purely advisory,
and the President is not legally bound to act according to the advice provided.
Scope of Advisory Jurisdiction
 • The President can seek advice on any matter that is related to the interpretation
of the Constitution or any matter of public importance. However, it is at the
discretion of the President to refer such matters to the Court.

2. Procedure for Seeking Advisory Opinion

• When the President feels the necessity of obtaining the advice of the Supreme
Court, a reference is made in writing to the Court.
• Once the matter is referred to the Supreme Court, it forms a bench of judges to
examine the question and provide an opinion. The Court may conduct hearings,
review legal precedents, and deliberate on constitutional principles before
rendering its advisory opinion.

3. Binding Nature of the Advisory Opinion

• It is important to note that the opinion provided by the Supreme Court is not
legally binding. The advice is purely consultative and does not have the force of
law. The President is free to accept or reject the opinion given by the Court.
• The advisory jurisdiction is different from judicial decisions, as it is not based on
the facts of a particular case but on hypothetical questions or issues referred by
the President.

4. Judicial Precedents and Use of Advisory Jurisdiction

a) The First Advisory Opinion (1951)
• The Supreme Court's advisory jurisdiction was first invoked in 1951 in the case of
Re: The Kerala Education Bill, 1957. The issue referred was whether certain
provisions of the Kerala Education Bill were consistent with the Constitution of
India.
• The Court provided its opinion, clarifying the constitutional validity of the
provisions. This marked an early use of the advisory jurisdiction to settle
important constitutional questions.
b) The Second Advisory Opinion (1975)
• In the State of Rajasthan v. Union of India (1975), the President sought the
Court’s opinion regarding the Constitutionality of a law passed by the Rajasthan
Legislative Assembly. The Court provided its advisory opinion, interpreting the
constitutional provisions involved.
c) The 1999 Advisory Opinion
• The most famous and recent example was in 1999, when the President sought
the advice of the Supreme Court on the "power of the President to dismiss the
Chief Justice of India" in cases of judicial misconduct. This was a significant
exercise of the advisory jurisdiction, as it directly related to the powers of the
judiciary and the executive.

5. Reasons for Advisory Jurisdiction

a) Clarity on Constitutional Issues
• The primary purpose of the advisory jurisdiction is to clarify legal ambiguities
and offer guidance on important constitutional matters that may arise in the
executive and legislative functions of the government.
b) Precedent for Constitutional Interpretation
• By referring complex legal matters to the Supreme Court, the President can
receive an authoritative and consistent interpretation of the Constitution, which
helps in avoiding legal and political disputes.
c) Role in Strengthening Democracy
• The advisory jurisdiction allows the judiciary to step in when required, thereby
safeguarding the constitutional framework and ensuring that the executive
and legislative actions do not violate fundamental principles of the
Constitution.

6. Limitations of Advisory Jurisdiction

a) Non-Binding Nature
• While the advisory opinion of the Court is important for clarifying legal issues, its
non-binding nature limits its enforceability. The President can choose to act
against the advice given by the Court, although this is rare.
b) No Direct Case Resolution
• The advisory jurisdiction cannot resolve actual disputes between parties. The
Court can only offer its opinion on questions referred to it, rather than
adjudicating on real cases with specific facts.
c) Narrow Scope
 • The advisory jurisdiction is limited to the opinion of the Court on matters
referred by the President and does not extend to judicial review of laws,
administrative actions, or political decisions.

7. Conclusion
The advisory jurisdiction of the Supreme Court under Article 143 is an essential tool
for addressing legal questions of national importance. While its opinions are non-
binding, they serve to clarify constitutional issues and provide authoritative guidance
on matters that may have broad implications for governance, law, and policy. The use of
advisory jurisdiction enhances the separation of powers and supports judicial
independence, ensuring that the executive acts within constitutional limits. However,
the non-binding nature of the opinion and the discretionary role of the President make it
an advisory mechanism, rather than a means of directly resolving disputes or enforcing
legal norms. Despite its limitations, the advisory jurisdiction remains a significant
provision that contributes to the rule of law and the overall functioning of the
constitutional democracy in India.
Is the Supreme Court bound by its own decision?
Ans- Is the Supreme Court Bound by Its Own Decision?
The Supreme Court of India is the highest judicial authority in the country. As the final
interpreter of the Constitution, the decisions of the Supreme Court are considered to
be of utmost importance. However, the question arises as to whether the Supreme
Court is bound by its own decisions. The answer to this lies in the doctrine of stare
decisis (to stand by things decided), the concept of judicial discipline, and the
practical functioning of the judicial system.

1. Doctrine of Stare Decisis

The doctrine of stare decisis implies that courts should follow precedents set by
earlier decisions. This principle ensures consistency and predictability in law, where
similar cases are decided similarly. In most common law systems, including India, the
principle of stare decisis is followed, meaning that lower courts and even the
Supreme Court generally adhere to its previous rulings to maintain stability in the legal
system.
Binding Precedents
• According to Article 141 of the Constitution of India, the law declared by the
Supreme Court is binding on all courts within the territory of India. This means
that other courts in India must follow the decisions of the Supreme Court.
 However, this does not directly imply that the Supreme Court is bound by its own
previous decisions.

2. The Role of Precedents in Supreme Court Decisions

A. Judicial Discipline
• While the Supreme Court is not strictly bound by its own decisions, it usually
follows the principle of judicial discipline. This means that the Court, as a
matter of practice, tends to follow its previous decisions unless there are
compelling reasons to depart from them.
• The Court can depart from its earlier rulings if it feels that the earlier judgment
was incorrect, or if the law has evolved to such an extent that the previous
decision no longer applies to the current legal or factual context.
B. Revisiting Precedents
• The Supreme Court has the power to review and overrule its previous decisions.
However, it rarely does so, except in exceptional circumstances where there is a
clear error, where the earlier judgment is seen as unconstitutional, or when
social changes demand a new legal interpretation.

3. Can the Supreme Court Overrule Its Own Decisions?

Yes, the Supreme Court can overrule its own decisions. This is an aspect of judicial
flexibility which ensures that the Court’s decisions remain relevant and reflective of
evolving societal values and legal principles.
A. Notable Cases of Overruling
• Keshavananda Bharati v. State of Kerala (1973): The Court famously overruled
its earlier decision in Golaknath v. State of Punjab (1967), and established the
principle of the basic structure doctrine. This case is a clear example of how the
Supreme Court overruled its own decision to safeguard the fundamental
principles of the Constitution.
• Minerva Mills v. Union of India (1980): In this case, the Court overruled an earlier
judgment in Keshavananda Bharati but reaffirmed the basic structure doctrine,
emphasizing that any amendment to the Constitution that violated the basic
structure would be void.
B. Judicial Discipline and Overruling
While the Court can overrule its decisions, it follows a principle of judicial restraint. It
does not frequently overrule its precedents unless there is compelling legal reasoning
or societal changes that necessitate it. The Court prefers stability in the law, and it
will only depart from precedent when there are strong grounds to do so.

4. The Supreme Court’s Power to Review and Recall Decisions

• Review Jurisdiction: The Supreme Court has the power to review its judgments
under Article 137 of the Constitution. This review is granted only when there is a
clerical error, misinterpretation, or an error apparent on the face of the
record. The review process ensures that the Supreme Court maintains the
correctness of its judgments.
• Recall Jurisdiction: The Court also has the power to recall its judgment in rare
cases, though this is done only under extraordinary circumstances.

5. The Concept of Judicial Discipline and Evolution of Law

The Supreme Court does not follow its decisions in a rigid manner. It adopts an
evolving approach to law. As society progresses, the legal framework must also adapt
to contemporary issues. The Court, therefore, has the discretion to move away from
precedents when it is convinced that a particular decision no longer serves the needs
of justice.
A. Dynamic Legal Interpretation
The principle of judicial review allows the Supreme Court to reinterpret constitutional
provisions in light of new developments. This ensures that the legal system remains
dynamic and responsive to the changing social, political, and economic landscape of
the country.

6. Conclusion
In conclusion, while the Supreme Court of India follows the doctrine of stare decisis
and gives due regard to its past decisions, it is not absolutely bound by them. The Court
has the power to overrule its own decisions, especially when they are found to be
outdated, incorrect, or when there are fundamental shifts in the understanding of
law. This approach ensures that the law evolves and adapts to the changing needs of
society while maintaining consistency and stability. Thus, the Supreme Court’s role in
interpreting the Constitution and law is not only about adhering to past decisions but
also about ensuring that justice is delivered in a manner that is relevant to
contemporary India.
Discuss the purpose for which the power to issue Writs as provided in Article 226
of the Constitution may be exercised by High Courts.
Ans- Purpose for Which the Power to Issue Writs under Article 226 of the
Constitution May Be Exercised by High Courts
Article 226 of the Constitution of India grants the High Courts the power to issue writs
for the enforcement of Fundamental Rights and for any other purpose as well. This
provision is one of the key elements that ensures judicial review and acts as a
safeguard for the protection of individual rights and liberties in India. The writ power
granted under Article 226 is a wide, expansive power that allows the High Courts to
intervene in administrative and legislative actions, ensuring that they comply with the
law and protect the fundamental rights of citizens.
The High Court can exercise this power in several situations, depending on the nature
of the legal violation or infringement, as well as the underlying constitutional principle.
The writs can be issued for various purposes, including the enforcement of rights,
judicial review, and prevention of abuses of power by the state authorities.

1. Enforcement of Fundamental Rights

One of the primary purposes for which the High Courts can exercise the power to issue
writs is the enforcement of Fundamental Rights guaranteed under Part III of the
Constitution. Under Article 32, the Supreme Court is empowered to issue writs for the
protection of these rights, but Article 226 enables the High Courts to issue similar
writs, extending this protection to individuals even at the state level.
A. Protection of Civil Liberties
• High Courts can issue writs when there is a violation of fundamental rights, such
as right to life, right to freedom of speech, or right to equality.
• For example, if a government action or statute violates the fundamental rights of
an individual, the High Court can issue a writ to strike down such laws or actions.
B. Remedy for Illegal Detention
• The Habeas Corpus writ can be issued by the High Court when a person is
illegally detained by the state or its authorities. This ensures that no individual
can be deprived of their personal liberty without due process of law.

2. Judicial Review of Administrative Actions

The power to issue writs under Article 226 also serves as a tool for judicial review of
the actions and decisions of the administrative authorities. It ensures that executive
actions are lawful and do not violate the rights of citizens or exceed the powers granted
by law.
A. Control over Arbitrary or Unreasonable Actions
• High Courts can issue writs when there is an excessive use of power by state
authorities or if their actions are found to be arbitrary or unreasonable.
• For example, if an administrative body passes an order or makes a decision
without following the principles of natural justice, the High Court can issue a writ
to correct such actions.
B. Prevention of Abuse of Power
• The writ of Mandamus is often used to command a public authority to perform a
duty that it has failed to carry out. This ensures that authorities do not abuse
their power and fulfill their legal obligations.

3. Writs for Preventing Injustice

The power of High Courts to issue writs is not confined to enforcing rights alone; it can
also be exercised to prevent injustice and illegal actions that might affect public
welfare. This aspect of Article 226 gives the judiciary the flexibility to intervene in
situations where a clear injustice may arise.
A. Prevention of Unlawful Actions
• The writs issued by High Courts can prevent unlawful actions, such as the illegal
eviction of people, unlawful taxation, or illegal acquisition of property.
• For example, in the case of State of UP v. Raj Narain (1975), the High Court
intervened to protect the rights of an individual who was illegally evicted by the
state government.
B. Protecting Public Interest
• The High Court can exercise its writ jurisdiction to protect public interest in
matters involving environmental concerns, public health, or issues of great
societal importance.
• The writ of Certiorari may be used to quash decisions that are not in accordance
with the law or that affect the public interest.

4. Preventing Violation of Legal Rights and Remedies

Another critical aspect of Article 226 is that it allows the High Courts to issue writs for
the prevention of violations of legal rights. These legal rights can be those granted by
the Constitution, statutes, or common law. It helps citizens by providing an effective
remedy against unlawful actions by both public authorities and private parties.
A. Enforcement of Statutory Rights
• The writ jurisdiction can be invoked for the enforcement of rights conferred by
legislative acts.
• For example, if an individual’s statutory right is denied by a public authority, the
High Court can issue a writ to ensure compliance with the law and provide
effective relief.
B. Ensuring Fairness and Justice
• The High Court can issue writs in cases of gross injustice. For example, when
there are violations of the principle of natural justice, such as denying an
individual the right to a fair hearing, the Court can intervene by issuing an
appropriate writ.

5. Ensuring Constitutional Governance

The power of High Courts to issue writs is also an important tool in ensuring the
constitutional governance of India. It reinforces the supremacy of the Constitution
and ensures that all laws and actions of public authorities comply with its provisions.
A. Protecting Constitutional Provisions
• High Courts can issue writs to ensure that laws passed by the state or central
government comply with the Constitution.
• In Union of India v. Tulsiram Patel (1985), the Supreme Court upheld the power
of the High Court to issue writs in matters involving the violation of constitutional
principles and the enforcement of public rights.
B. Safeguarding Separation of Powers
• By exercising its writ jurisdiction, the High Court ensures that no organ of the
government exceeds its authority and that there is respect for the separation of
powers. The Court can intervene to prevent any encroachment of one branch of
government over the domain of another.

6. Limits to the Writ Jurisdiction of High Courts

While the power to issue writs is significant, there are certain limitations that restrict
its exercise:
• Territorial Jurisdiction: High Courts can only issue writs within their respective
territorial jurisdiction. They cannot issue writs outside their state, unlike the
Supreme Court, which has nationwide jurisdiction under Article 32.
 • Availability of Alternative Remedies: Writs are not granted if an alternative
statutory remedy is available to the petitioner. The principle of efficacy of other
remedies restricts the High Court from intervening if the matter can be resolved
through other legal channels.
• Non-Binding in Certain Cases: While writs are binding, High Courts may choose
not to intervene in certain situations where judicial restraint is warranted.

7. Conclusion
The power to issue writs under Article 226 of the Constitution of India is one of the
most significant instruments for upholding the rule of law and ensuring the protection
of rights in the country. It allows the High Courts to act as a check on the actions of
the state and its agencies, ensuring that they act within the bounds of law and respect
the fundamental rights of citizens. The writs issued by the High Courts serve a remedial
function, ensuring fairness and justice, preventing abuse of power, and maintaining
constitutional governance. Therefore, the exercise of writ powers by the High Courts is
indispensable in ensuring that India’s legal and constitutional system functions
effectively and justly for all citizens.
Differentiate between Articles 32 and 226 of the Constitution of India.
Ans- Differentiation between Articles 32 and 226 of the Constitution of India
Articles 32 and 226 of the Constitution of India are two critical provisions that grant
the power to issue writs for the protection of rights and judicial review. While both
articles deal with the power to issue writs, they differ in their scope, jurisdiction, type
of courts empowered, and scope of issues they address. The following provides a
detailed comparison between Article 32 and Article 226.

1. Constitutional Provision and Scope

Article 32: Power of the Supreme Court to issue Writs
• Article 32 is a fundamental right that empowers the Supreme Court of India to
issue writs for the enforcement of Fundamental Rights as guaranteed by Part III
of the Constitution. It allows individuals whose fundamental rights have been
violated to directly approach the Supreme Court for remedy.
• This article provides direct access to the Supreme Court for individuals, and it is
often considered the “guarantor of fundamental rights.”
• Article 32 is a remedy for constitutional rights violations, especially
fundamental rights, and it can only be invoked when such rights are infringed.
Article 226: Power of High Courts to issue Writs
• Article 226 empowers the High Courts to issue writs not only for the
enforcement of Fundamental Rights but also for the enforcement of any other
legal rights. Unlike Article 32, which is specific to fundamental rights, Article 226
provides a more general power.
• It grants a broader scope to the High Courts to issue writs for the enforcement of
statutory rights and can be invoked in cases where other legal remedies are
unavailable or ineffective.
• It gives High Courts the power to issue writs for any purpose that can be justified
under the law.

2. Jurisdiction of Courts
Article 32: Jurisdiction of the Supreme Court
• Article 32 allows the Supreme Court to issue writs only in cases relating to the
enforcement of Fundamental Rights. It is invoked when individuals believe their
fundamental rights have been violated.
• The jurisdiction of the Supreme Court under this article is limited to the
protection of fundamental rights and applies only in the context of violations of
those rights.
• The Supreme Court has nationwide jurisdiction, meaning it can issue writs
throughout the entire country.
Article 226: Jurisdiction of the High Courts
• Article 226 empowers the High Courts to issue writs not only for the protection
of fundamental rights but also for the enforcement of other legal rights. It is
broader in scope compared to Article 32.
• The jurisdiction of the High Courts is territorially limited to the respective states
or Union Territories, meaning a High Court can issue writs only within its territorial
jurisdiction.
• High Courts can issue writs for any purpose, including cases involving
administrative actions, statutory rights, and preventive relief.

3. Nature of the Writ Jurisdiction

Article 32: As a Fundamental Right
 • Article 32 is a fundamental right under the Constitution. It is not just a legal
remedy but an essential mechanism for the enforcement of fundamental
rights. It guarantees access to the Supreme Court for those whose fundamental
rights are infringed upon.
• The Supreme Court has the discretion to issue writs under this article, but it is
typically seen as a last resort after all other avenues have been exhausted.
• Since it directly concerns the protection of fundamental rights, the Court’s
decision under Article 32 is often final.
Article 226: As a Constitutional Power
• Article 226 is not a fundamental right, but rather a constitutional power given
to the High Courts. It is a discretionary power, and it can be invoked for the
enforcement of not just fundamental rights but also other legal rights.
• High Courts exercise this power more flexibly, and they may consider other
factors beyond just fundamental rights.
• While Article 226 allows a broader jurisdiction, it is usually exercised in cases
where no alternative remedy is available or where there is a need for
administrative relief.

4. Type of Writs
Both Articles 32 and 226 allow the issuance of five types of writs, though the use of
these writs differs in their scope:
• Habeas Corpus: For the release of an individual who has been illegally detained.
• Mandamus: Directs a public authority to perform a public duty it has failed to
perform.
• Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: Quashes an order or decision made by an inferior court or authority.
• Quo Warranto: Asks a person to show by what authority they hold a public office.
The nature of the writs is the same under both Articles 32 and 226, but the context and
scope may differ depending on whether the case is brought before the Supreme Court
(under Article 32) or a High Court (under Article 226).

5. Availability of Alternative Remedy

Article 32: Direct Access to the Supreme Court
 • Article 32 provides a direct remedy to individuals whose fundamental rights have
been violated. It does not require the person to approach any other legal remedy
first.
• It acts as a last resort for enforcement, meaning that it is invoked only after all
other legal remedies have been exhausted, especially at lower courts or
administrative tribunals.
Article 226: Availability of Alternative Remedy
• Under Article 226, the availability of alternative remedy is an important
consideration. While Article 226 provides a more expansive scope, the High
Courts may decline to issue writs if an alternative statutory remedy is available to
the individual.
• The High Court exercises its discretion more flexibly and may issue writs even in
cases where other remedies are available if it feels that the case requires urgent
intervention.

6. Enforcement and Effectiveness of Writs

Article 32: Supreme Court as the Final Authority
• Writs issued by the Supreme Court under Article 32 are binding and effective
throughout India. Since the Supreme Court is the highest judicial authority, its
writs carry significant weight and cannot be appealed against.
• In cases where the Supreme Court issues a writ, its orders are final and are not
subject to review by any lower court.
Article 226: High Court’s Jurisdiction
• Writs issued by the High Court are binding only within the territorial jurisdiction
of that High Court. The impact of the writs is limited to the state or Union
Territory where the High Court is located.
• If a party is dissatisfied with the decision of the High Court, it can appeal to the
Supreme Court under Article 136, which can either confirm or overturn the High
Court’s ruling.

7. Accessibility and Approach

Article 32: Access to the Supreme Court
 • Article 32 offers a direct and immediate access to the Supreme Court. It allows
individuals to approach the highest court without first seeking redress from lower
courts.
• This provision is crucial for individuals who seek immediate relief for violations
of fundamental rights, particularly when there are no other remedies available.
Article 226: Access to High Courts
• Article 226 provides a mechanism for accessing High Courts for issues beyond
fundamental rights. It allows for relief on a broader spectrum of issues, including
administrative decisions, statutory violations, and personal rights.
• High Courts also have the discretion to provide interim relief before finalizing a
case, which can be crucial in certain matters where urgent action is needed.

8. Conclusion
In conclusion, Articles 32 and 226 are two distinct but interrelated provisions in the
Constitution of India, both granting the power to issue writs for remedying violations
of rights. While Article 32 provides a direct route to the Supreme Court for the
enforcement of fundamental rights, Article 226 gives High Courts the flexibility to
issue writs not only for fundamental rights but also for other legal rights. The former is
more restrictive, focusing only on constitutional issues, while the latter is broader and
offers a more flexible approach to judicial review.
Both Articles are essential in safeguarding the rights of individuals and ensuring
judicial oversight over administrative actions, with the key difference being the
jurisdictional and territorial limitations imposed by each article. Both powers are
integral to maintaining justice and accountability in the functioning of the government
and public authorities.
Discuss the various stages that a bill undergoes before it becomes an Act.
Ans- Stages a Bill Undergoes Before it Becomes an Act
In the Indian legislative process, a bill is a proposal for a new law or an amendment to
an existing law that has been presented for debate and approval in Parliament. For a bill
to become a law, it has to go through a series of stages in both Houses of Parliament
(i.e., the Lok Sabha and the Rajya Sabha) and receive Presidential assent. Below, we
will explore these stages in detail, breaking them into distinct phases.

1. Introduction of the Bill

Definition of a Bill
A bill is essentially a draft of a proposed law, and it is introduced in Parliament for
consideration and approval. Once passed by both Houses of Parliament and assented
to by the President, it becomes an Act of Parliament.
Forms of Bills
Bills can be introduced in different forms:
• Government Bills: These are introduced by a minister and are part of the
government’s legislative agenda.
• Private Members’ Bills: These are introduced by Members of Parliament (MPs)
who are not part of the government.
• Money Bills: These deal with issues related to taxation and government
expenditure, and can only be introduced in the Lok Sabha.
• Private Bills: These relate to the privileges or rights of individuals or specific
organizations and are rare in India.
Procedure of Introduction
• First Reading: The bill is introduced in either Lok Sabha or Rajya Sabha. During
the first reading, the title and object of the bill are read out, but there is no
debate at this stage.
• Distribution to Members: The bill is then distributed to all members of the
House, and they are given time to review and scrutinize its provisions.

2. Consideration of the Bill in the First House

Once the bill has been introduced, the process of debate and scrutiny begins.
Second Reading: Debate on the General Principles
• Debate on the general principles of the bill takes place at this stage. Members
of the House discuss the overall objectives and impact of the bill, without going
into its minute details.
• The Minister, who is responsible for the bill, usually presents the explanation of
its purpose and provisions.
• After the debate, a vote is held on whether the bill should proceed to the
committee stage or be rejected.
Referral to Committee
• After the second reading, the bill is usually referred to a committee for detailed
examination. The committee may be a Select Committee (composed of MPs
from both Houses) or a Joint Committee.
 • The committee will scrutinize the bill in depth, examine relevant evidence, and
consult with experts and stakeholders.
• The committee may suggest amendments to the bill based on its findings.
Report of the Committee
• The committee submits its report to the House, including any proposed changes
or amendments.
• The House then considers the report and decides whether to accept or reject the
committee’s recommendations.
• If the committee proposes amendments, the House discusses and votes on
these changes.

3. Consideration of the Bill in the Second House

Once the bill has passed the first House (either Lok Sabha or Rajya Sabha), it is sent to
the second House for consideration.
Second House Procedure
• In the second House, the bill follows the same procedure as in the first House. It
undergoes a Second Reading, during which its general principles are debated. If
the bill has already been examined in detail by a committee in the first House, the
committee’s recommendations are considered.
• The bill is then examined clause-by-clause in the Committee of the Whole
House or by a Select Committee.
• If the second House makes any amendments to the bill, it is sent back to the first
House for reconsideration.
Reconciliation of Amendments
• If the first and second Houses disagree on the provisions of the bill, they may
attempt to resolve the differences by discussions.
• The process may involve a Joint Sitting of both Houses, which is convened if the
bill is unable to be passed by both Houses after repeated efforts.

4. The Role of the President

Once both Houses of Parliament have passed the bill, it is sent to the President for
assent. The President has the following options:
Presidential Assent
 • The President is required to give assent to the bill for it to become an Act. Upon
receiving the bill, the President has three options:
1. Give Assent: The President can approve the bill, and it then becomes an
Act of Parliament.
2. Withhold Assent: The President may withhold assent to the bill, either
absolutely or for further consideration by Parliament.
3. Return the Bill: For most bills (except Money Bills), the President can
return the bill to Parliament with a request for reconsideration. However, if
Parliament re-passes the bill with the same majority, the President must
assent to it.
Money Bills
• A Money Bill can only be introduced in the Lok Sabha and must be passed by
both Houses. The President cannot withhold assent to a Money Bill. It must
receive assent and become law without delay.
• Rajya Sabha, while it can suggest amendments, cannot reject a Money Bill.

5. The Presidential Assent and Bill Becomes Law

Once the President assents to the bill, it becomes a law and is referred to as an Act of
Parliament. This marks the final stage in the life cycle of the bill.
Notification
• After the bill becomes an Act, it may be notified in the Official Gazette. The law
typically comes into force either immediately upon assent, or on a specific date
mentioned in the Act, depending on the provisions of the law.

6. Special Procedure for Constitutional Amendments

The procedure for amending the Constitution of India is slightly different from the
ordinary legislative process. The process is governed by Article 368 of the Constitution.
Amendment Process
• An amendment bill can be introduced in either House of Parliament, and it must
be passed by a special majority in both Houses.
• The bill must be ratified by at least half of the States before it can receive the
President’s assent.
• Unlike regular bills, amendments to the Constitution do not require the
President’s prior approval and can be introduced by any Member of Parliament.
Conclusion
The process of a bill becoming an Act in India is a multi-step process that ensures
thorough scrutiny, debate, and consideration. From its introduction to its eventual
assent by the President, the bill goes through various stages in both Houses of
Parliament. These stages ensure that the lawmaking process is transparent,
comprehensive, and democratic. Additionally, special procedures for Constitutional
amendments reflect the need for a more stringent process when making changes to
the foundational legal document of the country.
This detailed and rigorous process is designed to ensure that only well-considered and
broadly supported legislation becomes law, balancing the needs for swift action and
careful deliberation in the country’s governance.
State the various procedures by which the Constitution of India can be amended.
Ans- Various Procedures for Amending the Constitution of India
The Constitution of India is the supreme law of the country, and it provides for a
flexible yet structured process to ensure that it can be amended in response to
changing political, social, and economic realities. The amendment of the
Constitution is a significant exercise, as it allows for the modification, addition, or
repeal of provisions without altering the Constitution's core principles. The process for
amending the Constitution is laid out in Article 368 of the Indian Constitution.
The procedures for amending the Constitution can be classified into three categories:
1. Amendment by a Simple Majority
2. Amendment by a Special Majority
3. Amendment by a Special Majority and Ratification by States
These methods offer different levels of complexity and flexibility, and they are used
depending on the nature of the amendment.

1. Amendment by a Simple Majority

Procedure
The simplest method for amending the Constitution is through a simple majority of the
members present and voting in the Parliament. This means that a simple majority is
sufficient for modifying certain provisions of the Constitution.
Scope
 • Articles 2 and 3: These articles deal with the formation of new states and the
alteration of the boundaries of existing states. For example, Parliament can
create a new state or change the name or boundaries of a state through a simple
majority vote.
• Article 4: This article provides the mechanism for amending the First Schedule
and the provisions related to the states.
In this procedure, the bill can be introduced in either Lok Sabha or Rajya Sabha, and it
must be passed by a majority of members present and voting in each House.

2. Amendment by a Special Majority

Procedure
The more common procedure for amending the Constitution requires a special
majority in both Houses of Parliament. According to Article 368, an amendment can
be made if the bill is passed by a majority of the total membership of each House and
a majority of not less than two-thirds of the members present and voting.
Explanation
• Majority of the total membership: This means that the bill must be approved by
more than half of the total number of members in each House (i.e., even if all
members are not present, the majority must still be based on the total strength of
the House).
• Majority of members present and voting: This means that the bill must be
approved by at least two-thirds of the members who are present and vote on the
bill. This allows for the amendment even if some members are absent.
Scope
This procedure applies to most constitutional provisions, such as:
• Directive Principles of State Policy (DPSP): Amendments to the Directive
Principles require a special majority.
• Fundamental Rights: Modifications to certain parts of the Fundamental Rights
chapter require a special majority, especially when such changes affect the
balance between the rights of citizens and the powers of the state.
For example, Article 368 itself can be amended under this procedure, along with other
provisions relating to the allocation of seats in Parliament and the representation of
States.
Examples of Amendments Using This Procedure
 • The 42nd Amendment Act, 1976: This amendment made significant changes to
the Constitution, including altering the balance of power between the central and
state governments and expanding the scope of the Directive Principles.
• The 44th Amendment Act, 1978: This reversed many provisions of the 42nd
Amendment and restored certain rights that were altered during the Emergency
period.

3. Amendment by a Special Majority and Ratification by States

Procedure
Certain amendments to the Constitution require not only the passage of a bill through
both Houses of Parliament by a special majority but also the ratification of at least half
of the State Legislatures. This dual requirement ensures that the federal nature of
India’s polity is respected in the amendment process.
Scope
The provisions requiring this special procedure are mostly those that affect the federal
structure of India. These include changes that directly affect the balance of power
between the central and state governments. Specifically, the following areas require
this procedure:
• First Schedule: This deals with the names and boundaries of states.
• Second Schedule: This contains provisions related to the emoluments,
allowances, and privileges of Governors, Speakers, and Judges.
• Representation of States in Parliament: Any change in the representation of
states in the Rajya Sabha (Council of States) needs this procedure.
• Article 368 itself: In cases where the provisions of Article 368 are altered to
affect the federal structure.
Example
• The 7th Amendment Act, 1956: This amendment involved changes to the First
Schedule and reorganized the boundaries of Indian states. It required ratification
by at least half of the states.
• The 101st Amendment Act, 2016 (Goods and Services Tax Act): This
amendment introduced the GST system in India and required ratification by at
least half of the states.

Summary of Procedures
Type of
Procedure Provisions Affected
Amendment

Passed by a simple majority in Articles 2, 3, 4 (related to the

Simple Majority Parliament (majority of members creation and alteration of
present and voting) states)

Passed by a majority of total

Most provisions, including
membership in both Houses and
Special Majority Fundamental Rights, DPSPs,
2/3 of members present and
etc.
voting

Special Majority & Passed by special majority in both Alterations to the federal
Ratification by Houses and ratification by at least structure, representation of
States half of state legislatures states in Parliament

Role of the President in Constitutional Amendments

While the President of India is not directly involved in the debate or scrutiny of
amendments, their role is essential in providing assent to a Constitutional amendment
bill once it has been passed by Parliament. As per Article 368, the President’s assent
is required for an amendment to become effective.
However, the President cannot withhold assent to any bill that seeks to amend the
Constitution, as long as the amendment follows the prescribed procedure. Therefore,
the President's role is mainly formal, and they must sign the bill into law once it has
passed the necessary legislative process.

Conclusion
The amendment procedure of the Constitution of India reflects the flexibility of the
document to evolve with the times while protecting the core values of the
Constitution. The three procedures — simple majority, special majority, and special
majority with state ratification — ensure that amendments can be made efficiently
while safeguarding the interests of both the central and state governments.
By allowing amendments to be passed through a range of mechanisms, the
Constitution of India ensures that it can adapt to changing political realities while
maintaining its stability and integrity.
Can the Fundamental Rights be amended?
Ans- Can the Fundamental Rights be Amended?
The Fundamental Rights are considered the cornerstone of the Constitution of India,
enshrined in Part III of the Constitution, from Article 12 to Article 35. They represent a
set of basic human rights guaranteed to every citizen, aimed at ensuring individual
freedom, equality, and dignity. These rights include civil liberties such as the right to
equality, right to freedom of speech, right to life, and protection from discrimination.
The question of whether Fundamental Rights can be amended is complex and has
been a subject of considerable discussion in legal and constitutional circles. The
Constitution of India allows for amendments under Article 368, but the Fundamental
Rights have a special status and protection in the Constitution. Therefore, whether
they can be amended is subject to certain conditions and limitations.
This essay will explore the question of whether the Fundamental Rights can be
amended, focusing on the constitutional provisions, judicial interpretation, and the
scope of amendment in the context of the Indian Constitution.

Amendment of Fundamental Rights under Article 368

Constitutional Provisions
• Article 368 of the Indian Constitution provides the procedure for the
amendment of the Constitution. As per this provision, Parliament is
empowered to amend the Constitution by passing an amendment bill through a
special majority in both Houses. However, the Fundamental Rights are part of
the Constitution’s basic structure and come with certain limitations on
amendments.
• While Article 368 enables amendments to most provisions of the Constitution, it
is clear that certain provisions related to the Fundamental Rights cannot be
easily amended. The Basic Structure Doctrine, as articulated by the Supreme
Court of India, plays a crucial role in determining the limits of such
amendments.
Limits to the Amendment of Fundamental Rights
The Constitution allows for changes to the Fundamental Rights, but such changes must
respect the Basic Structure of the Constitution. This means that while Parliament has
the power to amend the Constitution, it cannot alter or abrogate the core essence of
Fundamental Rights guaranteed to individuals. This principle was established by the
Supreme Court in landmark cases like Kesavananda Bharati v. State of Kerala (1973),
where the Court ruled that any constitutional amendment that alters the basic
structure of the Constitution is invalid.

Landmark Judgments on the Amendment of Fundamental Rights

Kesavananda Bharati Case (1973)
The Kesavananda Bharati case is the most significant judgment in the context of
constitutional amendments and the protection of Fundamental Rights. The Supreme
Court, in this case, established the Basic Structure Doctrine. The Court ruled that
Parliament could amend any part of the Constitution, including the Fundamental
Rights, but it cannot alter or destroy the basic structure of the Constitution. The
Fundamental Rights, being a part of this structure, could be modified, but any
amendment that infringed upon their basic essence would be unconstitutional.
In this case, the Supreme Court stated that:
• The basic structure of the Constitution includes the idea of democracy, the
rule of law, the separation of powers, and the protection of individual rights.
• Any amendment that affects these principles, particularly the Fundamental
Rights, would violate the basic structure and thus be invalid.
Minerva Mills Ltd. v. Union of India (1980)
In Minerva Mills Ltd. v. Union of India, the Supreme Court reinforced the
Kesavananda Bharati judgment. The Court ruled that the Fundamental Rights,
particularly the right to equality (Article 14) and the right to life (Article 21), form an
integral part of the basic structure. Any amendment that seeks to reduce or eliminate
these rights is unconstitutional.
The judgment also emphasized that:
• The balance between the Fundamental Rights and Directive Principles of
State Policy (DPSP) is a key feature of the Constitution.
• Any constitutional amendment that disturbs this balance, such as an
amendment that dilutes or restricts Fundamental Rights, would be contrary to
the basic structure of the Constitution.

Amendments to the Fundamental Rights

Despite the protection offered to the Fundamental Rights under the basic structure
doctrine, certain amendments have been made to these rights, but they have generally
been in response to national exigencies or in alignment with evolving societal needs.
Examples of Amendments
1. The 44th Amendment Act (1978): This amendment reversed certain provisions
of the 42nd Amendment Act (1976) that had curtailed Fundamental Rights. For
example, the Right to Property (Article 31) was restored as a constitutional right
(though it was subsequently downgraded to a legal right under Article 300A), and
 the powers of the President during the Emergency were limited. This amendment
showed the flexibility of the Constitution, but it still preserved the core of
Fundamental Rights.
2. The 86th Amendment Act (2002): This amendment introduced Article 21A,
which made free and compulsory education a Fundamental Right for children
between the ages of 6 and 14. While this expanded the scope of Fundamental
Rights, it did not alter their essential nature.
3. The 42nd Amendment Act (1976): This amendment, which was passed during
the Emergency period, made significant changes to the Fundamental Rights,
including curtailing the right to property. However, the changes made during this
time were largely reversed by the 44th Amendment Act (1978) after the end of
the Emergency.

Restrictions and Reasonable Limitations

The Constitution provides certain reasonable restrictions on the exercise of
Fundamental Rights, which are considered necessary to maintain public order,
morality, or the sovereignty of the country.
Article 19(2): Freedom of Speech and Expression
Article 19 of the Constitution guarantees six fundamental freedoms, including the
freedom of speech and expression, freedom to form associations, and freedom of
movement. However, these rights are subject to reasonable restrictions, including:
• Security of the state
• Public order
• Morality
• Decency
• Contempt of court
• Defamation
• Incitement to an offense
These restrictions have been interpreted by the Supreme Court in various cases, such
as Romesh Thapar v. State of Madras (1950) and Kedarnath Singh v. State of Bihar
(1962).
Article 21: Right to Life and Personal Liberty
The right to life and personal liberty under Article 21 is one of the most significant
Fundamental Rights. The Supreme Court has interpreted this right in a wide and
expansive manner, including various rights such as the right to privacy, education,
health, and a clean environment. However, this right is subject to reasonable
restrictions and can be curtailed during emergency situations under Article 359.

Conclusion
While the Fundamental Rights enshrined in the Constitution of India enjoy a special
and protected status, they are not absolutely inviolable. Article 368 provides
Parliament with the power to amend the Constitution, including the Fundamental
Rights, but such amendments are subject to the basic structure doctrine, which
ensures that the core essence of the Fundamental Rights remains intact.
In practice, amendments to the Fundamental Rights have been possible but with strict
judicial scrutiny. The Supreme Court has consistently held that any amendment that
destroys the essence or basic structure of the Constitution, including the
Fundamental Rights, will not be valid. Therefore, while Fundamental Rights can be
amended under specific circumstances, the power to amend is not unlimited and must
respect the Constitution’s underlying principles.
Thus, the amendment of Fundamental Rights remains a delicate balance between
constitutional flexibility and the preservation of essential rights that protect individual
liberty, equality, and dignity.
Discuss the Constitutional provisions for proclamation of emergency as stated in
Article 352 of the Constitution of India.
Ans- Constitutional Provisions for Proclamation of Emergency under Article 352
The Constitution of India provides for the proclamation of emergency under Article
352. This article grants the President of India the power to proclaim an emergency when
the security of India or any part of it is threatened by war, external aggression, or armed
rebellion. The proclamation of emergency is a significant feature of the Indian
Constitution, as it alters the normal functioning of the government and the
fundamental rights of citizens.
An emergency is a state of exception, which empowers the central government to take
extraordinary measures to safeguard the nation’s security, stability, and governance.
Article 352 specifically deals with National Emergency, which is declared on the
grounds of a threat to national security, and its implications are far-reaching, affecting
not only the structure of government but also the fundamental rights guaranteed to the
citizens.

The Provisions of Article 352

Text of Article 352
Article 352 of the Indian Constitution states:
1. Proclamation of Emergency:
o If the President is satisfied that a grave emergency exists due to war,
external aggression, or armed rebellion, and the security of India or any
part of its territory is threatened, the President can proclaim a national
emergency.
o The emergency is declared in the form of a proclamation by the President,
which is then laid before both Houses of Parliament.
2. Conditions for Proclamation:
o The proclamation can be made based on the President’s judgment, but
such a judgment must be based on a genuine threat to the nation’s
security.
o This proclamation must be approved by both Houses of Parliament
within a period of one month from the date of its issue. If not approved, the
proclamation will automatically cease to be in effect.
3. Duration of Emergency:
o Once approved by Parliament, the emergency remains in force for six
months and can be extended indefinitely by resolutions passed by
Parliament.
o Every extension of the emergency requires the approval of both Houses of
Parliament for every subsequent six-month period.
4. Revocation of Emergency:
o The President can revoke the emergency at any time before the expiration
of its duration.
o This revocation must be based on the President’s satisfaction that the
emergency no longer exists.

Types of Emergency Under Article 352

Article 352 specifically deals with National Emergency, which can be invoked in three
circumstances:
1. War: A situation where India is involved in a state of war, either with another
nation or group of nations, or when there is a serious threat to national security
because of a declared war.
 2. External Aggression: This refers to situations where India’s sovereignty or
territorial integrity is threatened by a foreign power or hostile force. The
declaration of an emergency is based on the perception of a threat posed by the
aggressor.
3. Armed Rebellion: The most controversial provision, armed rebellion refers to a
situation where there is a domestic uprising or insurrection within the country.
The government, through the President, may declare an emergency when there is
widespread armed rebellion, which can undermine the integrity of the country
and its constitutional order. This has often been interpreted as a situation where
insurgencies, civil wars, or major unrest occur.

Procedure for Proclamation of Emergency

Step 1: The President’s Proclamation
• The President can issue a proclamation of emergency based on the satisfaction
that national security is in jeopardy due to war, external aggression, or armed
rebellion. The decision is taken by the President on the advice of the Prime
Minister and the Council of Ministers. It does not require the approval of the
Cabinet but must be based on the information provided by the government.
Step 2: Approval by Parliament
• Once the proclamation is issued, it must be laid before both Houses of
Parliament. According to Article 352, the approval of Parliament is required
within one month from the date of the proclamation. If the proclamation is not
approved by Parliament, it becomes invalid.
• A resolution must be passed by a simple majority in both Houses of Parliament
for the proclamation to remain in effect. If this approval is not granted, the
emergency proclamation lapses.
Step 3: Duration of Emergency
• Once approved by Parliament, the emergency continues for six months. It can be
extended for further periods of six months at a time, but each extension requires
fresh approval by Parliament.
• The maximum period for which a national emergency can last is not specified,
meaning it can theoretically last indefinitely. However, it must be reviewed and
extended by Parliament regularly.

Impact of National Emergency on the Constitution

The proclamation of national emergency significantly alters the functioning of the
Indian Constitution in several ways:
1. Alteration of Federal Balance
• Under normal circumstances, India follows a federal structure of governance.
However, during an emergency, the central government’s powers are significantly
enhanced.
• The Union Government assumes greater control over the states, and the
distribution of legislative powers between the Union and States is altered. The
Union can legislate on matters enumerated in the State List under the Seventh
Schedule of the Constitution, which is normally outside its purview.
2. Suspension of Certain Fundamental Rights
• Article 19 of the Constitution, which guarantees the fundamental rights related
to freedom of speech, movement, and assembly, can be suspended during a
national emergency.
• The right to move the court under Article 32 for the enforcement of
Fundamental Rights can also be suspended.
• However, Article 21, which guarantees the right to life and personal liberty,
cannot be suspended, even during a national emergency, except in cases of
armed rebellion.
3. Extension of Central Powers
• The Union Government is empowered to take direct control over areas that are
normally within the jurisdiction of the state governments. This allows the central
government to make laws on matters enumerated in the State List.
4. Prolongation of Lok Sabha
• During an emergency, the Lok Sabha (House of the People) can continue to
function even if its term of five years has expired, and elections are not held.
• The President’s Rule can be imposed in any state, leading to the dissolution of
state governments and the imposition of direct central control.

Judicial Review of Proclamation of Emergency

The power to declare a national emergency is vested in the President under Article
352; however, the Supreme Court has the power to review whether the conditions for
such a proclamation are met.
Keshavananda Bharati Case (1973)
The Kesavananda Bharati case established that the basic structure of the
Constitution could not be amended. This also includes the provisions dealing with
national emergencies. The judiciary has the power to scrutinize the emergency
proclamation to ensure it is not being misused by the government.
Minerva Mills Case (1980)
In this case, the Supreme Court ruled that a national emergency could not be
proclaimed arbitrarily. The government must demonstrate that there is a genuine threat
to the security of India, and the proclamation must be based on objective facts.

Historical Instances of Emergency Proclamation

1. 1962 – China-India War:
o The first national emergency under Article 352 was declared on October
26, 1962, during the war with China. The emergency lasted for more than a
year and was primarily based on the external aggression of China.
2. 1971 – Indo-Pak War:
o The second national emergency was declared on December 3, 1971,
following the war with Pakistan, which resulted in the creation of
Bangladesh. This emergency lasted for around two years.
3. 1975-77 – Emergency During Indira Gandhi’s Rule:
o The most controversial emergency was declared by Indira Gandhi on June
25, 1975, citing internal disturbances and political unrest as the reason.
This emergency lasted for 21 months, during which several Fundamental
Rights were suspended, and political opponents were imprisoned. The
emergency was widely criticized for its abuse of power and the resulting
authoritarian rule.

Conclusion
The proclamation of a national emergency under Article 352 is a critical provision in
the Constitution of India, allowing the President to take extraordinary measures to
protect the country from threats to its security. While it provides the government with
extensive powers, it also includes checks and balances to prevent misuse. The
judicial review ensures that the emergency is not declared arbitrarily or without proper
justification.
The national emergency provisions have been invoked only a few times in the history of
India, highlighting their exceptional nature. However, when invoked, the consequences
are profound, affecting the functioning of the federal system, the fundamental rights
of citizens, and the balance of power between the Union and the States.
The dangers of overuse of emergency powers were evident during the 1975-77
Emergency, which led to a loss of democracy and civil liberties. Therefore, while the
emergency provisions are necessary to address national crises, their misuse must be
avoided to preserve the democratic fabric of the nation.
What are the effects of proclamation of emergency?
Ans- Effects of Proclamation of Emergency
The proclamation of emergency under Article 352 of the Indian Constitution has far-
reaching consequences on various aspects of the political and legal framework in
India. It grants the government exceptional powers to protect national security and
integrity but also has the potential to alter the functioning of the government, the
relationship between the Union and States, and the fundamental rights of citizens.
These effects are crucial to understanding the balance between security and
democracy in times of crisis.

1. Changes in the Federal Structure

Under normal circumstances, India operates as a federal system, where powers are
divided between the Union Government and State Governments. However, during an
emergency, the federal balance undergoes significant alteration:
Centralization of Powers
• During a national emergency, the central government’s powers are significantly
enhanced. The Union Government becomes more powerful, and the states lose
some of their autonomy.
• The Union Parliament is empowered to legislate on matters normally within the
jurisdiction of the State Legislature. The Seventh Schedule of the Constitution
provides a Union List, State List, and Concurrent List, and in times of
emergency, the Union can make laws on subjects within the State List.
• Article 356 (President’s Rule) can also be invoked in any state, leading to the
suspension of the state government and the imposition of direct central control
over the state.
Impact on the States
• State governments may lose their power to govern independently, and their
legislative authority could be overridden by the Union Government. This
undermines the spirit of federalism.
 • The Governor of a state may act on behalf of the President, taking decisions in
matters that would usually be within the domain of state governments, thus
increasing central control.

2. Suspension of Fundamental Rights

A proclamation of emergency leads to the suspension of certain Fundamental Rights,
as provided in the Constitution. The suspension of these rights has a direct impact on
the freedom of individuals during the emergency period:
Suspension of Article 19 (Right to Freedom)
• Article 19, which guarantees freedom of speech and expression, freedom of
assembly, freedom of association, freedom of movement, and freedom of
residence, can be suspended during an emergency.
• This means that the government can restrict the right to move freely, assemble in
public, or express dissent, especially if they are seen as a threat to national
security or public order.
Suspension of Right to Constitutional Remedies (Article 32)
• During a national emergency, Article 32, which guarantees the right to approach
the Supreme Court for the enforcement of Fundamental Rights, may also be
suspended.
• This effectively removes a citizen's ability to challenge any arbitrary governmental
action that violates their rights, such as unlawful detention or curtailment of
freedoms.
Exception for Article 21 (Right to Life and Personal Liberty)
• Article 21, which protects the right to life and personal liberty, cannot be
suspended, except in cases of armed rebellion. However, during a national
emergency, this protection is still in force to safeguard individuals from unlawful
actions such as arbitrary detention.

3. Extension of the President’s Rule in States

Under normal circumstances, the President’s Rule (Article 356) can be invoked in any
state in the event of a breakdown of the constitutional machinery. During a national
emergency, this provision is often invoked more widely, leading to:
Dissolution of State Governments
 • The state legislative assemblies can be dissolved, and central rule can be
imposed in the states. The Governor of the state assumes executive powers, and
the Union Government directly takes over the administration of the state.
• The Legislative Assembly may be suspended, and the state is governed directly
by the Union Government through its representatives.
Increased Control of the Union
• The President, upon the recommendation of the Union Government, can dissolve
state legislatures and assume the powers of the state executive, further
centralizing control. This can weaken the authority and autonomy of state
governments during the emergency period.

4. Alteration of Parliamentary Procedures

The functioning of Parliament and the relationship between the executive and
legislative branches undergo significant changes during an emergency:
Extended Duration of Lok Sabha
• The Lok Sabha (House of the People), which normally has a term of five years,
can continue to function even after its term expires, provided a national
emergency is in place.
• This enables the Union Government to maintain control and governance without
the need for immediate elections, thus avoiding the normal democratic process
and giving the ruling party an extended tenure in power.
Powers of the Union Government to Enact Laws
• During an emergency, Parliament’s power to legislate expands. The Union
Government can introduce laws on matters in the State List of the Seventh
Schedule, which are usually under the jurisdiction of the states.
• This further centralizes legislative authority, and Parliament can pass laws to
address the emergency situation, even on issues not traditionally handled by the
central government.

5. Impact on Election Process

A national emergency also affects the electoral process in the country:
Suspension of Elections
 • The Election Commission may be directed to postpone or even cancel elections
in situations where national security or public order may be endangered by
holding regular elections.
• For example, state legislative elections may be postponed, and the dissolution of
the Lok Sabha or Vidhan Sabhas can be deferred, delaying the electoral process
and potentially extending the tenure of current governments.
Suspension of Representation
• If the emergency impacts specific regions, areas may not be adequately
represented in the legislature, leading to undemocratic governance without the
regular checks and balances.

6. Judicial Review and Safeguards

Despite the vast powers granted to the Union Government during an emergency, there
are safeguards to ensure that these powers are not misused:
Judicial Scrutiny
• The Supreme Court has the power to review whether a national emergency has
been proclaimed validly, though it can only review the legal procedures
followed, not the substance of the proclamation.
• The judiciary can examine whether the conditions for declaring an emergency
have been properly met and whether the proclamation is in accordance with the
provisions of the Constitution.
Kesavananda Bharati Case (1973)
• The Kesavananda Bharati case (1973) upheld the basic structure doctrine and
affirmed that the Parliament could not alter the basic structure of the
Constitution through amendments, even in times of emergency.
• This judgment prevents any misuse of the emergency powers to fundamentally
change the democratic nature of India.

7. Negative Impact on Civil Liberties

During a national emergency, civil liberties are often severely curtailed, which can lead
to widespread abuses of power:
Unlawful Detentions
 • The government can detain individuals without following normal legal
procedures. This has often been used to suppress political opposition, dissent,
and civil rights activists.
Repression of Opposition
• Political opponents, critics of the government, and other dissenting voices may
be arrested and silenced under the guise of national security. This creates a
climate of fear and censorship.
Suppression of Media
• The media can be censored or restricted in its freedom to report on national
issues, especially if it is seen as posing a threat to national security or stability.

8. Historical Instances of National Emergency

India has witnessed three proclamations of national emergency, each with its own
political consequences:
1. 1962 – War with China: The first national emergency was declared in 1962
following the Chinese aggression. It lasted for over a year and helped strengthen
the central government’s control over the security situation but did not have as
much impact on civil liberties.
2. 1971 – Indo-Pak War: The second emergency was declared during the war with
Pakistan in 1971, which eventually led to the creation of Bangladesh. The
emergency lasted for over two years, and it was a period of significant political
instability.
3. 1975-77 – The Emergency of Indira Gandhi: The most controversial emergency
in India’s history was declared by Indira Gandhi in 1975. It was used to suppress
political opposition, restrict civil liberties, and curtail the freedoms of the press
and judiciary. The emergency lasted for 21 months and had long-lasting effects
on Indian democracy.

Conclusion
The proclamation of a national emergency under Article 352 of the Indian Constitution
has profound effects on the governance structure, fundamental rights, and civil
liberties in India. While it provides the government with the necessary powers to
safeguard national security, it also poses significant risks to the democratic fabric of
the country. The centralization of power, suspension of fundamental rights, and
alterations to the federal structure reflect the exceptional nature of such an emergency.
However, these powers come with judicial safeguards and constitutional constraints to
prevent misuse and ensure that democracy and the rule of law are restored as soon as
the crisis is over.
Explain the various privileges and immunities that are enjoyed by the members of
Parliament.
Ans- Privileges and Immunities of Members of Parliament
Members of Parliament (MPs) in India are granted certain privileges and immunities
under the Constitution and parliamentary conventions to ensure that they can carry out
their functions independently and without fear or favor. These privileges are essential
for the effective functioning of the legislative body, allowing MPs to debate, deliberate,
and legislate without undue external interference.

1. Introduction to Parliamentary Privileges

Parliamentary privileges are special rights and immunities that the members of the
legislature enjoy in order to perform their duties effectively and efficiently. These
privileges are vital for ensuring the independence of the legislative process and the
protection of members while performing their duties. The Constitution of India, under
Article 105 (for Lok Sabha) and Article 194 (for Rajya Sabha), specifically deals with
the powers, privileges, and immunities of members of Parliament.
These privileges and immunities stem from the principle of separation of powers, which
protects the legislature’s independence from executive or judicial interference. The
term "privilege" generally refers to certain special legal rights, advantages, or
exemptions that MPs enjoy in their capacity as elected representatives.

2. Types of Parliamentary Privileges

There are two broad categories of parliamentary privileges:
• Individual Privileges: These are the rights and privileges enjoyed by MPs in their
personal capacity as members of the legislature.
• Collective Privileges: These privileges are concerned with the autonomy of the
Parliament as a whole and its ability to function without interference.
The Constitution and conventions of the Indian Parliament recognize both categories,
which help ensure that the body can function without obstruction.

3. Immunity from Legal Proceedings

One of the key privileges enjoyed by members of Parliament is immunity from legal
proceedings in relation to their actions and speeches during parliamentary
proceedings.
a) Immunity from Arrest
• Article 105 of the Constitution grants MPs immunity from arrest in civil matters
during the session of Parliament. This means that no MP can be arrested or
detained in civil matters (except in cases of serious criminal charges) while
Parliament is in session, and for 40 days before and after the session.
• Exceptions: However, this privilege does not protect MPs from being arrested in
cases related to criminal offenses, especially if the arrest is ordered by the court
in criminal matters.
b) Immunity from Legal Action for Parliamentary Speech
• MPs enjoy immunity from legal action in civil and criminal cases for anything they
say in Parliament. This immunity is crucial for ensuring that MPs can speak freely
during debates and discussions without the fear of being sued for defamation or
held accountable for their statements.
• Article 105 (2) states that no MP shall be liable to any legal action for anything
they say in the course of parliamentary proceedings. This privilege protects the
freedom of speech and allows MPs to discuss matters of public concern without
restrictions.
• Case Law: In Keshav Singh Case (1965), the Supreme Court upheld the privilege
of immunity from legal action in respect to statements made by MPs during
parliamentary proceedings, confirming the principle that MPs should not be
liable to legal action for their utterances in Parliament.

4. Freedom of Speech in Parliament

One of the most significant privileges is the freedom of speech granted to members
during debates, discussions, and proceedings in Parliament. MPs can speak their mind
freely, raise issues of national importance, and express their views on various matters
without fear of reprisal.
• Article 105 (1) gives MPs the freedom to speak during Parliamentary debates and
in committee meetings without the fear of any action being taken against them
for their words.
• This privilege is important for the functioning of democracy, as it ensures that
Parliament serves as a forum for open discussion, where diverse viewpoints can
be expressed.
5. Exemption from Jury Duty
Members of Parliament are exempted from jury duty during the tenure of their office.
This ensures that MPs can focus on their legislative duties without being diverted to
other obligations, such as serving on a jury.
• The Constitution does not explicitly mention this privilege, but it is a well-
established convention in India and other common law countries, ensuring that
MPs can fulfill their legislative functions without distraction.

6. Right to Exempt from Personal Appearance in Court

MPs enjoy the privilege of not having to appear in person in a court during the
parliamentary session. This ensures that they can attend parliamentary proceedings
without facing disruption due to legal obligations.
• This privilege also extends to the Summons of Court, and MPs are typically not
required to appear before a court of law unless they are involved in criminal
proceedings. Even in such cases, a special leave of absence from Parliament is
granted.

7. Protection of Parliamentary Proceedings

Another crucial privilege is the protection of parliamentary proceedings from
interference by outside authorities, including the judiciary and the executive.
a) Non-interference by the Judiciary
• The Judiciary cannot question the validity of parliamentary proceedings. In
particular, no court can examine the correctness of any decision or motion
passed by the Parliament in the course of its functions.
• This concept of judicial non-interference is supported by the doctrine of
separation of powers, which prevents the judiciary from getting involved in the
internal workings of the legislature.
b) Protection from Executive Interference
• Executive interference in parliamentary proceedings is also prohibited. The
executive is not allowed to obstruct or influence the decisions of Parliament
while it is in session.

8. Right to Regulate Its Own Procedure

The Parliament has the power to regulate its own procedure and conduct its business
as it sees fit. MPs are responsible for framing rules and procedures that govern the
conduct of parliamentary proceedings, including debates, voting, and committee
operations.
• This power ensures that Parliament can function smoothly and independently,
without undue interference from other branches of government.
• Case Law: In In Re: Kerala Education Bill (1957), the Supreme Court held that
Parliament has the right to regulate its own procedure and that it can determine
how its functions are to be carried out.

9. Privilege of Legislative Immunity

• MPs enjoy legislative immunity that allows them to express their views on
various issues without the fear of being prosecuted for those statements.
Legislative immunity is crucial to the functioning of democracy, as it ensures that
parliamentarians can speak freely, especially when raising issues that could be
sensitive or controversial.

10. Protection Against Liability for Actions in Parliament

MPs are immune from any legal or criminal liability for their actions performed in the
course of parliamentary functions. This includes the exercise of powers such as voting,
participation in debates, and the performance of committee duties.
• This protection is necessary to ensure that MPs are not unduly restrained by legal
action when carrying out their duties, thus promoting freedom of action and
expression.
• Case Law: The Shivakant Shukla Case (1973) emphasized that MPs have
immunity from criminal proceedings as long as the action is related to their
official duties in Parliament.

11. Discretionary Powers and Immunity from Arrest in Legislative Procedure

In addition to the above privileges, MPs are also granted certain discretionary powers
that enhance their role as representatives. These powers ensure that MPs can perform
their functions without undue constraint.
• The Speaker or Chairman of the House is empowered to maintain order in the
House, and their decision is final regarding the conduct of parliamentary
business.
 • MPs also have the power to initiate legislative changes and raise issues on
behalf of their constituents, which is central to their role as lawmakers.

12. Conclusion
The privileges and immunities enjoyed by members of Parliament in India are essential
for the smooth functioning of the legislative process. These privileges are intended to
protect MPs from external pressures, allowing them to carry out their duties with
autonomy and independence. They ensure that MPs can perform their functions
effectively, raise issues of national importance, and represent their constituents
without fear of legal action, executive pressure, or judicial interference.
However, it is important to note that these privileges are not absolute and are subject to
the rules and regulations of the House, parliamentary conventions, and the broader
principles of democracy and the rule of law. The aim is to strike a balance between
ensuring the independence of Parliament and safeguarding the accountability of MPs
to the people.
In sum, the privileges and immunities of MPs play a crucial role in ensuring that India’s
democratic framework remains robust, transparent, and responsive to the needs of its
citizens.
Write short notes on-
a) Special Leave to Appeal
Introduction
Special Leave to Appeal (SLA) is a constitutional provision under Article 136 of the
Constitution of India. It grants the Supreme Court the power to grant leave to an
individual or a party to appeal to it against any judgment or order passed by any court or
tribunal in the country. This provision is an extraordinary remedy to ensure that justice
is delivered even in cases where no other appeal mechanism exists. The primary goal is
to ensure that the Supreme Court can address substantial legal issues or rectify errors
of law in cases that might not have otherwise reached its jurisdiction.
Legal Basis
Article 136 of the Constitution of India empowers the Supreme Court to grant Special
Leave to Appeal from any judgment, decree, or order passed by any court or tribunal
within India, except for military tribunals. The Article specifies that the Supreme Court
may grant leave at its discretion and there are no stringent conditions laid down for
granting the leave.
Nature of SLA
 • Discretionary Power: The key feature of SLA is its discretionary nature. The
Supreme Court is not bound to grant the leave and may reject the application if it
deems that the case does not involve substantial questions of law or is not in the
interest of justice.
• Extraordinary Remedy: SLA serves as an extraordinary remedy for a person who
has no other recourse to appeal. It allows a person to approach the highest court
of the land when all other appellate options have been exhausted or are
unavailable.
Procedure for SLA
1. Filing the Petition: An individual or party aggrieved by a judgment or order from a
lower court can file an application for Special Leave to Appeal in the Supreme
Court. This is generally done in the form of a petition.
2. Examination of the Petition: The Supreme Court examines the petition and
determines whether it involves a substantial question of law, which justifies its
intervention.
3. Grant of Leave: If the Court is satisfied, it grants the leave and takes up the
appeal for hearing. The case then proceeds according to the regular procedure
for hearing appeals.
4. Refusal of Leave: If the Supreme Court does not find merit in the application, the
leave is refused, and the case does not proceed further.
Scope and Limits of SLA
• Jurisdictional Limitations: SLA can be sought against any decision of any court
or tribunal, but it is not applicable to military courts or certain tribunals created
under special statutes.
• Substantial Question of Law: SLA is granted only in cases involving substantial
questions of law or when there is an issue of public importance that warrants the
Supreme Court’s intervention.
Importance of SLA
Special Leave to Appeal ensures that the justice system remains open to review, even
for cases that may not fit within the traditional appeal routes. It protects the rights of
citizens, especially in cases involving serious legal errors or injustices, ensuring that
justice is not denied due to procedural technicalities.

b) Dissolution and Prorogation of the House of the People

Introduction
In the context of the Indian Parliament, the terms "dissolution" and "prorogation" refer
to distinct constitutional processes that affect the functioning of the House of the
People (Lok Sabha). Both procedures are essential for the proper functioning of the
legislature, although they differ in terms of their scope and impact.
Prorogation of the Lok Sabha
Prorogation refers to the formal end of a parliamentary session. It is a procedure where
the President of India, on the advice of the Prime Minister, terminates a sitting of
Parliament without dissolving it. This is a temporary adjournment, and the Parliament
resumes later for the next session.
• Constitutional Basis: Article 85 of the Indian Constitution empowers the
President to prorogue the Lok Sabha.
• Procedure: After prorogation, all parliamentary business, including bills and
discussions, come to a halt. However, the Parliament itself is not dissolved. The
President may prorogue Parliament to mark the end of one session and the
beginning of the next.
• Effects: Prorogation does not affect the membership of MPs or the status of any
bills that were pending. It simply suspends parliamentary proceedings.
Dissolution of the Lok Sabha
Dissolution refers to the formal termination of the entire Lok Sabha. When a Lok Sabha
is dissolved, the mandate of all elected MPs ceases, and new elections are required to
form the next Lok Sabha.
• Constitutional Basis: Article 85 of the Constitution also empowers the President
to dissolve the Lok Sabha, typically after the completion of its five-year term or
earlier if advised by the Prime Minister.
• Procedure: The President dissolves the Lok Sabha after the advice of the Prime
Minister. Following dissolution, elections are conducted to form a new Lok
Sabha.
• Effects: Dissolution ends the current term of the Lok Sabha, and all pending bills
are automatically dismissed. New elections are required to reconstitute the
House.
Key Differences
• Prorogation ends a session but does not affect the composition of the Lok Sabha
or the need for fresh elections, whereas dissolution completely ends the Lok
Sabha's term, requiring general elections.
• Prorogation is a temporary measure; dissolution is permanent until the formation
of a new House through elections.
c) Failure of Constitutional Machinery in a State
Introduction
The failure of Constitutional machinery in a State refers to a situation where the
government in a state cannot function according to the provisions of the Constitution of
India, leading to a breakdown in governance. This concept is governed by Article 356 of
the Constitution, commonly referred to as President’s Rule.
Constitutional Basis
Article 356 allows the President of India to impose President's Rule in a state if the
President believes that the government in the state cannot be carried on according to
the provisions of the Constitution. This is done by invoking the provisions of Article 356
and Article 365.
Causes for Failure of Constitutional Machinery
• Breakdown of Law and Order: If the state government is unable to maintain law
and order or protect the security of the state, it may be considered a breakdown
of the constitutional machinery.
• Failure of the State Government: When the state government fails to function
according to constitutional principles, such as the failure to comply with the
President’s directions under Article 365.
• Loss of Confidence in the Government: If the ruling party loses the majority
support in the legislative assembly, leading to instability, the state government
might fail to function properly.
Imposition of President's Rule
• Process: The President may issue a proclamation of President's Rule in the state,
dissolving the state legislature and taking over the functions of the state
government.
• Duration: Initially, the rule can last for six months, but it can be extended for up
to three years with the approval of Parliament.
Implications
• Dissolution of Legislative Assembly: The state legislative assembly is
dissolved, and elections are held as per the prescribed schedule.
• Central Governance: The governance of the state is taken over by the Central
Government.
d) Impeachment of President of India
Introduction
The impeachment of the President of India is a process set out in the Constitution of
India for the removal of the President before the completion of their term. The President
can only be impeached on the grounds of violation of the Constitution, which is the
sole reason for impeachment.
Constitutional Basis
Article 61 of the Indian Constitution outlines the procedure for the impeachment of the
President. It specifies the grounds for impeachment and the procedure to follow.
Procedure for Impeachment
• Initiation: The process can be initiated in either House of Parliament. A motion
for impeachment must be signed by at least one-fourth of the total membership
of the House.
• Discussion: After the motion is introduced, it must be passed by a two-thirds
majority in the same House. The motion is then sent to the other House for
consideration.
• Trial: If the other House also approves the motion by a two-thirds majority, the
President is impeached and removed from office. The impeachment must be
based on charges of violation of the Constitution.
Case Law
In R. Venkataraman v. Union of India (1954), the Supreme Court laid down that the
procedure for impeachment should be followed strictly, ensuring that the President can
only be impeached for constitutional violations and not for political reasons.
Conclusion
Impeachment is a significant and rare constitutional provision. It ensures that the
President, as the highest constitutional officeholder, remains accountable to the law.
However, due to the high threshold for initiating and passing an impeachment motion,
it is a procedure that is rarely invoked.