Unit 4: The Legislature and The Judiciary

The Legislature: Parliament

The Parliament is the supreme legislative body of India. It consists of the President and two Houses: the **Rajya Sabha** (Council of States) and the **Lok Sabha** (House of the People).

Composition

Feature	Lok Sabha (Lower House)	Rajya Sabha (Upper House)
Representation	Represents the people of India directly.	Represents the states and union territories.
Strength	Maximum 552 (530 from states, 20 from UTs, 2 nominated Anglo-Indians - nomination discontinued). Currently 543 elected.	Maximum 250 (238 elected, 12 nominated by the President for expertise in art, literature, science, social service).
Election	Direct election by the people based on universal adult franchise.	Indirect election by the elected members of State Legislative Assemblies.
Tenure	5 years, but can be dissolved earlier.	Permanent body (not subject to dissolution). One-third of members retire every two years. Each member has a 6-year term.

Powers and Functions

1. Legislative Powers: To make laws on subjects in the Union List and Concurrent List.
2. Executive Powers (Control over Executive): The Council of Ministers is collectively responsible to the Lok Sabha. Parliament exercises control through question hour, zero hour, adjournment motions, and no-confidence motions.
3. Financial Powers: It passes the Union Budget. A money bill can only be introduced in the Lok Sabha.
4. Constituent Powers: To amend the Constitution.
5. Judicial Powers: Can impeach the President, remove judges of the Supreme Court and High Courts, etc.
6. Electoral Powers: Participates in the election of the President and Vice-President.

Relations between the Lok Sabha and the Rajya Sabha

The Lok Sabha is more powerful than the Rajya Sabha, particularly in financial matters.

• Unequal Status:
  • A **Money Bill** can only be introduced in the Lok Sabha. The Rajya Sabha can only delay it for 14 days.
  • The Council of Ministers is responsible only to the Lok Sabha. A no-confidence motion can only be moved in the Lok Sabha.
  • In case of a deadlock on an ordinary bill, the will of the Lok Sabha usually prevails in a **joint sitting** due to its larger membership.
• Special Powers of Rajya Sabha:
  • It can authorize the Parliament to make a law on a subject in the State List (Article 249).
  • It can authorize the Parliament to create new All-India Services (Article 312).

The Judiciary: The Supreme Court

India has an integrated and independent judiciary with the Supreme Court at its apex (Articles 124-147).

Composition and Jurisdiction

• Composition: The Supreme Court consists of a Chief Justice of India (CJI) and not more than 33 other judges (total 34). Judges are appointed by the President and hold office until they attain the age of 65 years.
• Jurisdiction: The Supreme Court has wide-ranging jurisdiction:
  • Original Jurisdiction: Deals with disputes between the Centre and states, or between states.
  • Writ Jurisdiction (Art. 32): Can issue writs (Habeas Corpus, Mandamus, etc.) for the enforcement of Fundamental Rights.
  • Appellate Jurisdiction: The highest court of appeal in all civil and criminal cases.
  • Advisory Jurisdiction (Art. 143): Can give its opinion on any question of law or fact referred to it by the President.
  • Court of Record: Its judgments are recorded for perpetual memory and testimony.

Judicial Review

Definition: Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.

If a law or action is found to be in violation of the Constitution, it can be declared null and void by the judiciary. This power makes the Supreme Court the ultimate interpreter and guardian of the Constitution and the guarantor of Fundamental Rights. The Supreme Court declared Judicial Review to be a part of the **'basic structure'** of the Constitution in the Kesavananda Bharati case (1973).

Judicial Activism

Definition: Judicial Activism refers to a proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in society.

It implies the judiciary going beyond its traditional role of a mere interpreter of the law and taking on a more assertive role in directing the executive and legislature to act. Key instruments of judicial activism in India have been:

• Public Interest Litigation (PIL): Allows any person to approach the court on behalf of the public or any disadvantaged group.
• Liberal interpretation of Fundamental Rights: For example, the expansion of Article 21 (Right to Life) to include the right to a clean environment, right to privacy, right to speedy trial, etc.