Unit 5: Union Legislature & Judiciary

2. Powers and Functions of Parliament

• Legislative Powers: To make laws on all subjects in the Union List and Concurrent List.
• Financial Powers: Parliament controls the finances. No tax can be levied and no money spent without its approval. The Union Budget must be passed by Parliament.
• Executive Powers: The government (CoM) is collectively responsible to the Parliament (specifically the Lok Sabha). Parliament controls the executive through various methods.
• Constituent Powers: The power to amend the Constitution (as per Article 368).
• Judicial Powers: Can impeach the President and remove judges of the Supreme Court and High Courts.

3. Relationship between Lok Sabha and Rajya Sabha

In most matters, they have equal powers. A non-money bill must be passed by *both* Houses. However, the Lok Sabha is more powerful than the Rajya Sabha.

Why Lok Sabha is more powerful:

1. Money Bills: A Money Bill can *only* be introduced in the Lok Sabha. The Rajya Sabha cannot reject or amend it; it can only delay it for 14 days.
2. Collective Responsibility: The Council of Ministers is responsible *only* to the Lok Sabha. A "No-Confidence Motion" can only be moved and passed in the Lok Sabha.
3. Joint Sitting: In case of a deadlock on an ordinary bill, the President can call a joint sitting. Because the Lok Sabha has more than double the members, it will always win the vote.

Special Powers of Rajya Sabha:

The Rajya Sabha has two unique powers that the Lok Sabha does not:

• Art. 249: Can authorize Parliament to make a law on a subject in the *State List* in the national interest.
• Art. 312: Can authorize Parliament to create a new *All-India Service*.

4. Parliamentary control over the Executive

This is the essence of the parliamentary system. The legislature (Parliament) keeps a check on the executive (government).

Tools of Control:

• Question Hour: The first hour of a sitting where ministers must answer questions from MPs. This is a powerful tool for accountability.
• Zero Hour: A less formal device where MPs can raise matters of urgent importance.
• Motions:
  • Adjournment Motion: To set aside normal business and debate an urgent public matter.
  • Cut Motions: Moved during the budget to show disapproval of a policy (can be to cut demand by Re. 1).
• Financial Control: The government cannot spend a single rupee without Parliament's approval (passing the Budget).
• No-Confidence Motion: The ultimate weapon. If this motion is passed in the Lok Sabha, the government (PM and CoM) *must* resign.

5. Judiciary in India: Structure

India has a single, integrated, and independent judicial system.

• Independent: It is separate from the executive and legislature. This is ensured by security of tenure for judges, fixed salaries, etc.
• Integrated: It is a single pyramid. The laws (both central and state) are enforced by one unified system.

The structure is: Supreme Court (at the apex) -> High Courts (at the state level) -> District and Subordinate Courts (at the local level).

6. The Supreme Court: Composition and Jurisdiction

The Supreme Court (SC) is the highest court in India. Its decisions are binding on all other courts.

Composition:

• Consists of the Chief Justice of India (CJI) and other judges (currently up to 33, for a total of 34).
• Judges are appointed by the President after consulting with other judges (the "Collegium system").

Jurisdiction (Powers):

The SC has a wide range of powers:

1. Original Jurisdiction: The power to hear a case for the first time. This applies to disputes between:
   • The Centre and one or more States.
   • The Centre and States vs. other States.
   • Two or more States.
2. Appellate Jurisdiction: The power to hear appeals against judgments from lower courts (High Courts). This is the SC's primary work.
3. Writ Jurisdiction (Art. 32): The power to issue *writs* (Habeas Corpus, Mandamus, etc.) to enforce Fundamental Rights.
4. Advisory Jurisdiction (Art. 143): The power to give its *opinion* to the President on a question of law or fact. (This advice is not binding).
5. Court of Record: Its judgments are recorded as legal precedents and are binding on all lower courts.

7. Judicial Review

Definition: Judicial Review is the power of the judiciary (Supreme Court and High Courts) to examine the *constitutionality* of laws passed by the legislature and actions taken by the executive.

• Purpose: To act as the "Guardian of the Constitution" and the "Protector of Fundamental Rights."
• Action: If a law or executive action is found to be in *violation* of the Constitution (e.g., it takes away a Fundamental Right), the court can declare it "null and void" (unconstitutional).
• Basis: This power is derived from Article 13 (laws inconsistent with FRs are void) and Article 32 (Right to Constitutional Remedies).
• Significance: It establishes a "synthesis" in India: Parliament is *not* supreme (like in the UK) because its laws can be struck down. But the judiciary is also not fully supreme, as Parliament can amend the Constitution.

8. Exam Corner: Key Concepts