DSM 252: Indian Political System

The Union Legislature of India is known as the Parliament. It is a bicameral body consisting of the President and two Houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).

Composition of the Houses

• Rajya Sabha (Upper House): Represents the states and union territories. It is a permanent body and not subject to dissolution. Members are elected for a term of 6 years, with one-third retiring every two years.
• Lok Sabha (Lower House): Represents the people of India as a whole. Its members are directly elected by the people on the basis of universal adult franchise. Its normal term is 5 years.

Powers and Functions of Parliament

The Parliament performs several vital functions in the Indian democratic system:

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

While both Houses are essential, the Constitution establishes a specific relationship between them, with the Lok Sabha enjoying superiority in certain matters.

Comparison of Powers

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

India has a single integrated judicial system with the Supreme Court at the apex. It acts as the guardian of the Constitution and the ultimate interpreter of laws.

Composition of the Supreme Court

• Consists of the Chief Justice of India (CJI) and other judges.
• Judges are appointed by the President.
• The number of judges is determined by the Parliament.

Jurisdiction of the Supreme Court

The jurisdiction of the Supreme Court is extremely wide:

1. Original Jurisdiction: Power to hear disputes between the Union and States or between two or more States.
2. Appellate Jurisdiction: Hearing appeals against judgments of High Courts in civil, criminal, and constitutional matters.
3. Advisory Jurisdiction: The President may seek the opinion of the Supreme Court on any question of law or fact.
4. Writ Jurisdiction: Issuing writs for the enforcement of Fundamental Rights (Art. 32).

These are two mechanisms through which the judiciary ensures that the government acts within the boundaries of the Constitution.

Judicial Review

It is the power of the judiciary to examine the constitutionality of legislative acts and executive orders. If a law is found to violate the Constitution, the court can declare it null and void.

Judicial Activism

It refers to the proactive role played by the judiciary in protecting the rights of citizens and ensuring social justice when the other branches fail to act. It is often associated with Public Interest Litigation (PIL), which allows any individual to approach the court for the collective interest of society.

Mnemonics

L-E-J: The three branches of Government - Legislature, Executive, Judiciary.

O-A-A-W: 4 Jurisdictions - Original, Appellate, Advisory, Writ.