Unit 4: The Union Legislature and Judiciary

The Union Legislature of India is known as the Parliament. It is a bicameral body, meaning it consists of two houses, along with the President of India.

The Two Houses

• Rajya Sabha (Council of States): The Upper House. It represents the States and Union Territories of India. It has a maximum strength of 250 members, of which 12 are nominated by the President for their expertise in art, literature, science, or social service. It is a permanent house and cannot be dissolved; members serve for 6 years, with one-third retiring every two years.
• Lok Sabha (House of the People): The Lower House. It represents the people of India as a whole. Members are directly elected by the people on the basis of universal adult franchise. The maximum strength is currently 552. Its normal term is 5 years, but it can be dissolved earlier by the President.

The Parliament is the supreme law-making body in India. Its powers can be categorized as follows:

Key Functions

• Legislative Powers: Making laws on all subjects mentioned in the Union List and Concurrent List.
• Financial Powers: Controlling the national purse. No tax can be levied or expenditure incurred without Parliamentary approval (the Budget).
• Executive Control: Holding the Council of Ministers accountable through questions, debates, and motions (like the No-Confidence Motion).
• Constituent Powers: The power to amend the Constitution under Article 368.
• Electoral Powers: Participating in the election of the President and Vice-President.
• Judicial Powers: The power to impeach the President and recommend the removal of judges.

While both houses are part of the same legislature, they do not have equal powers in all matters.

Comparison of Powers

"The Lok Sabha is the 'Power House' of the Indian democracy because it directly represents the popular will."

The Supreme Court of India is the highest judicial forum and the final court of appeal under the Constitution of India.

Composition

• The Supreme Court consists of the Chief Justice of India (CJI) and other judges.
• The number of judges is determined by the Parliament. Currently, the sanctioned strength is 34 (including the CJI).

Appointment and Qualifications

• Appointment: Every judge is appointed by the President. The President usually acts based on the recommendation of a 'Collegium' of senior judges.
• Qualifications: Must be a citizen of India; and must have been a judge of a High Court for 5 years OR an advocate of a High Court for 10 years OR a distinguished jurist in the opinion of the President.
• Tenure: Judges serve until the age of 65 years.

The jurisdiction of the Supreme Court is vast and can be divided into several categories:

• Original Jurisdiction: Power to hear cases for the first time, specifically disputes between the Union and States or between two or more States.
• Appellate Jurisdiction: Power to hear appeals against the judgments of High Courts in civil, criminal, and constitutional matters.
• Advisory Jurisdiction: The President can seek the opinion of the Supreme Court on any question of law or fact of public importance (Art. 143).
• Writ Jurisdiction: Power to issue writs (like Habeas Corpus, Mandamus) for the enforcement of Fundamental Rights (Art. 32).

These two concepts define the power of the Indian Judiciary to protect the Constitution and the rights of citizens.

Judicial Review

It is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. If a law is found to violate the Constitution, the Court can declare it null and void. This ensures that the Constitution remains the supreme law of the land.

Judicial Activism

It refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring justice when the legislature or executive fails to act. It often manifests through Public Interest Litigation (PIL), where any citizen can approach the court on behalf of a marginalized group.

Mnemonics

J-U-D-G-E: Functions of Judiciary - Justice provider, Umpire of Federalism, Defender of Rights, Guardian of Constitution, Enforcer of Rule of Law.