Unit 2: Union Executive & State Executive

The Indian parliament is the highest legislative body in India, comprising the President and two
houses- The Lok Sabha & The Rajya Sabha. It has a bicameral legislature, meaning it has 2
chambers.
Powers of the Indian parliament
The roles, powers and functions of Parliament of India can be classified under the following
heads:

Legislative Roles
1. The primary function of Parliament is to make laws for the governance of the country.

2. The Parliament has exclusive power to make laws on the subjects enumerated in the Union
List and on the Residuary Subjects.

3. The subjects enumerated in the Concurrent List, the laws of Parliament prevail over the law
of the State Legislature in case of a conflict between the two.

4. The Parliament makes laws in a skeleton form and authorises the Executive to make
detailed rules and regulations within the framework of the parent law. This is known
as Delegated Legislation or Executive Legislation or Subordinate Legislation.

Executive Roles
1) Parliament's primary responsibility is to ensure that the executive branch implements
policies and laws passed by Parliament. Parliament can use a variety of measures to control
the executive, including:

 Questioning hour: Parliament members can question ministers and commissions.

 No-confidence motion: Parliament can remove a government from power by passing a no-
confidence motion.

2) Parliament is the supreme legislative power in the country and is responsible for passing
laws.

3) Parliament can amend the Constitution to adapt the legal framework to changing needs.

Financial Roles
1) No tax can be levied or collected and no expenditure can be incurred by the Executive
except under the authority and with the approval of Parliament.
2) It approves and passes the Union Budget which legalizes the receipts and expenditures of
the Union Government for the ensuing financial year.
3)The Parliament scrutinizes government spending and financial performance with the help
of its financial committees, including the Public Accounts Committee (PAC), Estimates
Committee (EC), and Committee on Public Undertakings (CoPU).

Judicial Roles
1. The judicial roles, powers and functions of Parliament of India are as follows:
2. The Parliament can impeach the President for the violation of the Constitution.
3. The Parliament can remove the Vice-President from his/her office.
4. The Parliament can recommend to the President of India the removal of the following
official.
a) Judges of the Supreme Court and the High Courts (including the Chief Justice),
b) Chief Election Commissioner (CEC),
c) State Election Commissioners (SECs),
d) Comptroller and Auditor General (CAG).
5. The Parliament can punish its members or outsiders for its contempt or breach of its
privileges.

Functions of the Rajya Sabha

The upper house of the parliament, the Rajya Sabha, is responsible for the affairs of the state
and the protection of state rights in response to the centre and union legislature.

Rajya Sabha is a permanent house whose one-third of members are elected every two years.
It consists of 250 Rajya Sabha members, with the vice-president as the head of the Sabha.
Rajya Sabha is limited to some powers compared to Lok sabha; still, it can protect the various
rights of state and union territories.

The functions of the Rajya Sabha are:

Representation
The Rajya Sabha represents the states and union territories of India.
Bill approval
The Rajya Sabha must approve any bill (except money bills) for it to pass.
Bill amendment
The Rajya Sabha can amend bills sent and passed by the Lok Sabha.
Impeachment
The Rajya Sabha can impeach the president and judges of the Supreme Court and High
Court.
Electoral power
The Rajya Sabha members elect the president and vice president.
State list subject
The Rajya Sabha can make a state list subject into National Importance.
All India Service
The Rajya Sabha can create or abolish an All India Service.
Scrutiny
The Rajya Sabha scrutinizes the performance of the executive and ventilates public
grievances.
Debating chamber
The Rajya Sabha functions as a debating chamber.
Federal chamber
The Rajya Sabha functions as a federal chamber.

Functions of the Lok sabha

The Lok Sabha, also known as the House of the People, is the lower
house of India's bicameral Parliament, with the upper house being the Rajya Sabha.

The functions of the Lok Sabha are:

Making laws

The Lok Sabha passes bills and laws for the state and union territories. Bills can be
introduced by a member or a minister, and are called Government Bills or Private Member's
Bills respectively.

Controlling the treasury

The Lok Sabha controls the country's finances, and is responsible for approving the
budget. Only the Lok Sabha can introduce money bills.

Impeachment

The Lok Sabha has the power to impeach the President, judges of the Supreme Court, and
judges of the High Courts.

Constitutional amendments

The Lok Sabha can initiate and pass constitutional amendments along with the Rajya Sabha.

No confidence motions

The Lok Sabha can introduce and pass motions of no confidence against the government.
Electoral functions

The Lok Sabha elects its Speaker and Deputy Speaker, and participates in the election of the
President and Vice-President of India.

Control over the Council of Ministers

The council of ministers is responsible to the Lok Sabha and can only remain in power if it has
the Lok Sabha's confidence.

Powers and Functions of President

 The President of India is the highest office of the land under the constitutional framework
of India.
 The office of the President of India has been envisaged as:
o The head of the Indian State,

o The first citizen of India,

o The Titular or nominal or de jure head of the Union Executive, and
o The Commander-in-Chief of the Indian Armed Forces.

The powers and functions of the Indian President are divided into seven main categories:

1) Executive Powers Of the Indian President

a. Power to make the rules to simplify the business transactions of the central government
b. Appoints the attorney general of India and also fixes his remuneration.
c. Appoints the Comptroller and Auditor General of India, State Governors, Chief Election
Commissioner and other Election Commissioners, Chairman and members of Union
Public Service Commission, and Chairman and other members of the Finance
Commission of India.
d. It is the President who appoints inter-state council and administrators of Union
territories.

2) Legislative Powers of the Indian President

a. It is essential to obtain the recommendation of the President on priority to introduce the

money bill.
b. It is the President who causes the Union Budget to be laid before the parliament of the
country.
c. It is the President who controls the Contingency Fund of the country.
d. It is the President who constitutes the Finance Commission after the completion of every
five years.
 3) Judicial Powers of the Indian President
He has the power to appoint Chief Justice and Judges of the Supreme Court and High Court.

As mentioned in Article 72 of the Indian Constitution, the President has pardoning power
against the punishment for an offense against union law.

4) Military Powers of the Indian President

The President is the commander-in-chief of the Indian armed forces and has the power to
appoint the Chief of the Army, Navy, and Air Force.

Emergency Powers of the Indian President

The President has the power to deal with three types of emergencies as stated in the
Constitution of India- National Emergency (Article 352), President’s Rule (Article 356 and 365),
and Financial Emergency (Article 360).

Comparison of powers of the Indian President with the United States

Benchmarks Indian President US President
Head of the The President of India is President of the United States serves as both the Head of
State primarily the Head of State State and the Head of Government
Executive The POI acts on the advice of The President of the United States is the real executive
Authority the Council of Ministers head and exercises significant executive powers, including
headed by the Prime Minister the ability to propose legislation, veto bills, and appoint
key officials
Term and The POI serves a fixed term of The President of the United States serves a term of four
Eligibility five years and can be re-elected years and can be re-elected for a maximum of two terms
for a maximum of two terms as well
Accountability The POI is not directly He is directly accountable to the people. He is elected
accountable to the people. through a national electoral process, where citizens vote
They are elected indirectly by for electors who in turn cast their votes for the President
an Electoral College consisting
of the members of both houses
of Parliament and the
Legislative Assemblies of the
states
Role in The President of India plays a In the United States, the President does not have a direct
Government crucial role in the formation of role in the formation of the government. The President is
Formation the government. They appoint elected separately from the President's party, and the
the Prime Minister, who then government is formed by members of the winning party in
forms the Council of Ministers Congress
Powers and functions of Vice President
The Vice President of India is the most dignitary and powerful position after the President.

Functions of the Vice President of India

Below are the details about the function of the Vice President of India:

I. Vice President of India attains the Charge as ex-officio Chairman of Rajya Sabha. In Rajya
Sabha, the vice president’s function is identical to the speaker in Lok Sabha.

II. Due to unavoidable circumstances, if the President of India cannot hold the Charge,
then the Vice President will officiate as the President and hold their Charge with all the
powers to take decisions. The tenure to act as a president is around 6 months until the
next presidential election.

III. According to India’s constitutional provisions, the Vice President is not a listed member
of the Rajya Sabha and does not attain any powers related to the Rajya Sabha
membership. The Vice President does not have the right to Vote but can only provide a
casting vote in any situation.
IV. According to India’s constitutional provisions, the Vice President is not a listed member
of the Rajya Sabha and does not attain any powers related to the Rajya Sabha
membership. The Vice President does not have the right to Vote but can only provide a
casting vote in any situation.

Powers and Functions of the Prime Minister of India

The President is the nominal executive power (de jure executive) conferred by the
Constitution underneath the parliamentary system of government. At the same
moment, the Prime Minister is the real executive authority (de facto executive )

In other words, the President is the head of state, but the Prime Minister is the head of
government.
The Prime Minister’s powers and functions can be reviewed under the following headings:

In relation to the Ministerial Council

As the chairman of the Union council of ministers, the Prime Minister has the following
powers:
a) In a disagreement, they might ask a minister to resign or suggest the President fire him.
b) They preside over the council of ministers and affect its decisions.
c) They direct, direct, manage and organise the work of all ministries.
d) By retiring from office, they can put the council of ministers to an end.
e) The Prime Minister is the Head of the Council of Ministers.

In Relation to the President

In regard to the President, the Prime Minister has the following authority:

They are the primary point of contact between the President and the Council of Ministers. It is
the prime minister’s responsibility to:

a. All decisions of the council of ministers relevant to the management and legislative
initiatives of the Union should be transmitted to the President.
b. To provide such information about the administration of the Union’s affairs and
legislative ideas as the President may request.
c. If the President so directs, present to the council of ministers any topic on which a
minister has made a decision but has not been reviewed by the council.

In Relation to the Parliament

a. The Prime Minister is the Lower House’s leader. As a result, they have the following
abilities
b. He counsels the President on the convening and adjourning of Parliamentary
sessions.
c. At any time, he can recommend the dissolution of the Lok Sabha to the President.
d. He announces government initiatives on the House floor.
Other Powers and Functions

a. They are the heads of the NITI Ayog (which succeeded the Planning Commission),
the National Integration Council, the InterState Council, the National Water
Resources Council, and a number of other organisations.
b. They have had a massive impact on the country’s foreign policy.
c. He is the Union government’s leading spokesman.
d. During a crisis, he is the political crisis manager.

The Independence of the Supreme Court

The independence of the Supreme Court is crucial for ensuring the rule of law and protecting
the fundamental rights of citizens. It means that the Supreme Court operates without
interference or influence from the executive or legislative branches of government, allowing it
to make impartial decisions.

Key Features of Independence

Separation from the Executive: The Supreme Court has the power to frame suo moto cases
without receiving formal petitions or complaints, ensuring it can address any suspected
injustice.

Judicial Autonomy: The collegium system, comprising the Chief Justice and senior judges,
recommends appointments to the Supreme Court, reducing external influence.

Security of Tenure: Judges serve until age 65, safeguarding against arbitrary removal or
pressure.

Financial Independence: The Supreme Court's budget is managed independently, preventing

executive interference.
Appointment of the Judges in India

a) Composition and Strength of the Supreme Court:

Originally, the Supreme Court had eight judges (one chief justice and seven others).

The Parliament has increased the number of judges over time.

The current strength of the Supreme Court is 34 judges (one chief justice and 33 others)

b) Qualifications for Appointment as a Judge

According to Article 124(3) of the Constitution, a person can be appointed as a judge of the
Supreme Court if he or she:

A person must be a citizen of India.

Must have served as a judge of a High Court for at least five years or two such courts in
succession.

Alternatively, must have been an advocate of a High Court for at least ten years or two or
more such courts in succession.

Must be a distinguished jurist in the opinion of the president.

c) Appointment

The Judges of the Supreme Court are appointed by the President under clause (2) of Article
124 of the Constitution.

The President consults with judges of the Supreme Court and High Courts to make informed
appointments.

d) Oath of Office
Every appointed judge must make and subscribe to an oath before the President or an
appointed person.

The oath includes commitments to uphold the Constitution, sovereignty and integrity of India,
and perform duties without fear or favor.

e) Tenure and Resignation

There is no prescribed minimum age limit for a judge's appointment.

A judge of the Supreme Court serves until they reach the age of 65 years.

However, a judge may resign before reaching the age of 65 years by tendering their
resignation to the President.

f) Salaries and Allowances

Salaries, allowances, privileges, leave, and pension of Supreme Court judges are determined
by Parliament.

The Salaries, Pension, and Allowances of the Supreme Court Judges are charged upon
the Consolidated Fund of India.

g) Post-retirement Restrictions

After retirement, a judge of the Supreme Court is prohibited from practicing law in any court
in India or pleading before any government authority.

As per Article 128 of Indian Constitution, any retired judge of the Supreme Court of India can
be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the
prior permission of the President of India.

h) Collegium System for Judicial Appointments

Judges of the higher judiciary are appointed through the collegium system.

The collegium, consisting of the Chief Justice of India and the four senior-most judges of
the Supreme Court, decides on appointments, elevations, and transfers of Judges.
The term "collegium" is not mentioned in the Indian Constitution but has been established
through judicial pronouncements.

i) Removal

A judge of the Supreme Court can only be removed from office by an order of the President.

The removal process requires an address by each House of Parliament, supported by a special
majority i.e., a majority of the total membership of that House and a majority of not less
than two-thirds of the members present and voting.

The grounds for removal are proven misbehavior or incapacity.

Parliament has the authority to regulate the procedure for presenting the address and
investigating and proving the misbehavior or incapacity of a judge.

Once appointed, judges can serve until the age of 65 and cannot be removed during their
tenure except for proved misbehavior or incapacity.

Judicial Review

Why in news?

Recently, the Supreme Court (SC) refused to treat the Central Vista project as a unique one
requiring greater or heightened judicial review.

The SC said the government was “entitled to commit errors or achieve successes” in policy
matters without the court’s interference as long as it follows constitutional principles.

The Central Vista project of New Delhi includes Rashtrapati Bhawan, Parliament House,
North and South Bldock, India Gate, National Archives among others.

The Indian Constitution adopted the Judicial Review on lines of the American Constitution.
What is judicial review?

It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action
made by a public body.
In other words, judicial reviews are a challenge to the way in which a decision has been made,
rather than the rights and wrongs of the conclusion reached.

Concepts of Law
Procedure Established by Law: It means that a law enacted by the legislature or the
concerned body is valid only if the correct procedure has been followed to the letter.

Due Process of Law: It is a doctrine that not only checks if there is a law to deprive the life and
personal liberty of a person but also ensures that the law is made fair and just.

Judicial review has two important functions, like, of legitimizing government action and the
protection of constitution against any undue encroachment by the government.

Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain
Case 1975).

Judicial review is also called the interpretational and observer roles of the Indian judiciary .

Types of Judicial Review

1) Reviews of Legislative Actions

This review implies the power to ensure that laws passed by the legislature are in compliance
with the provisions of the Constitution.

2) Review of Administrative Actions

This is a tool for enforcing constitutional discipline over administrative agencies while
exercising their powers.
3) Review of Judicial Decisions
This review is used to correct or make any change in previous decisions by the judiciary
itself.
Public Interest Litigation
Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of
“Public Interest”. Any matter where the interest of the public at large is affected can be
redressed by filing a Public Interest Litigation in a court of law such as Pollution, Terrorism,
Road safety, Construction hazards, etc.

I. The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, racial minorities, unorganized consumers,
citizens who were passionate about environmental issues, etc.
II. PIL is not defined in any statute or in any act. It has been interpreted by judges to
consider the intent of the public at large. It is the power given to the public by courts
through judicial activism
III. Some of the matters which are entertained under Public Interest Litigation are
Neglected Children, Bonded Labour matters, Atrocities on Women, Non-payment of
minimum wages to workers, exploitation of casual workers, food
adulteration, Environmental pollution, and disturbance of ecological balance,
Maintenance of heritage and culture, etc.

Who Can File a PIL and Against Whom?

 Any citizen can file a public case by filing a petition
 Under Art 32 of the Indian Constitution, in the Supreme Court.
 Under Art 226 of the Indian Constitution, in the High Court.
 Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
 A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party.
Significance of PIL
 The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
 PIL is an important instrument of social change and for maintaining the Rule of law
and accelerating the balance between law and justice.
 The original purposes of PILs have been to make justice accessible to the poor and
the marginalised.
 It is an important tool to make human rights reach those who have been denied
rights.
 It democratises the access of justice to all. Any citizen or organization who is capable
can file petitions on behalf of those who cannot or do not have the means to do so .

Judicial Activism
  The judiciary plays an important role in upholding and promoting the rights of
citizens in a country. The active role of the judiciary in upholding the rights of
citizens and preserving the constitutional and legal system of the country is
known as judicial activism.
 The Black’s Law Dictionary defines judicial activism as “judicial philosophy
which motivates judges to depart from the traditional precedents in favour of
progressive and new social policies.”

Judicial Activism Methods

There are various methods of judicial activism that are followed in India.
1. Judicial review (power of the judiciary to interpret the constitution and to
declare any such law or order of the legislature and executive void, if it finds
them in conflict with the Constitution)
2. PIL (The person filing the petition must not have any personal interest in the
litigation, this petition is accepted by the court only if there is an interest of
large public involved; the aggrieved party does not file the petition).
3. Constitutional interpretation
4. Access of international statute for ensuring constitutional rights
5. Supervisory power of the higher courts on the lower courts

Why Judicialism Is Required?

Judicial activism has arisen mainly due to
The failure of the executive and legislatures to act.
 Since there is a doubt that the legislature and executive have failed to deliver
the desired results.
 It occurs because the entire system has been plagued by ineffectiveness and
inactiveness.
 The violation of basic human rights has also led to judicial activism.
 Due to the misuse and abuse of some of the provisions of the
Constitution, judicial activism has gained importance

Some Cases of Judicial activities are:
 I. C. Golaknath & Ors vs State of Punjab & Anrs. (1967)
 Keshavnanda Bharati Case(1973)

Lokpal
Lokpal is an anti-corruption authority in India, established to investigate complaints
against public servants, including politician, bureaucrats and governmental officials .

Features of Lokpal
1) Independent India
Lokpal is an autonomous organisation, free from government influence.

2) Investigate Powers
Lokpal can in vestigate complaints, conduct inquiries and prosecute cases.

3) Jurisdiction
Covers central government, Union Territories and public sector undertakings

4) Complaints
Can receive complaints from citizens, whistle blowers and other sources

Structure of Lokpal
Lokpal is a multi-member body that consists of one chairperson and a
maximum of 8 members.
Chairperson of the Lokpal should be either the former Chief Justice of India or
the former Judge of Supreme Court or an eminent person with impeccable
integrity and outstanding ability, having special knowledge and expertise of
minimum 25 years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and banking, law and
management.
Minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and
women.
The term of office for Lokpal Chairman and Members is 5 years or till the age
of 70 years.
The members are appointed by the president on the recommendation of a
Selection Committee.

Lokayukta
 The Lokayukta is put into power when the Lokayukta act is passed in the state
and works for the State governments and addresses the complaints of the
people living in the state. The complaints can be against the integrity and
efficiency of the government or its administration which includes the people
working in the government sector. The complaints can also be regarding any
corruption faced by the people from the government administration .

Features of Lokayukta
1) Independent India
Lokayukta is autonomous, free from government influence.
2) Investigative Power
Lokayukta can investigate complaints, conduct inquiries and prosecute cases.
3) Jurisdiction
Covers state government, local authorities and public sector undertakings.
4) Complaints
Can receive complaints from citizens, whistle blowers and other sources.