Continuity and Change in

Indian Administration- Post

1947

BLOCK 2
PARLIAMENTARY DEMOCRACY IN
INDIA

43
Parliamentary Democracy in
India

44
 Indian Federalism
UNIT 5 INDIAN FEDERALISM

Structure
5.0 Objectives
5.1 Introduction
5.2 Federalism in India
5.2.1 Historical Background
5.2.2 Federal Features of Indian Constitution
5.2.3 Unitary Features of Indian Constitution
5.3 Division of Powers under Indian Constitution
5.3.1 Legislative Sphere
5.3.2 Administrative Sphere
5.3.3 Financial Sphere
5.4 Working of Indian Federalism
5.5 Conclusion
5.6 References and Further Readings

5.0 OBJECTIVES
After going through this Unit you should be able to:
explain the meaning and features federalism,
list the peculiar characteristics of federal system in India,
elaborate upon the working of centre-state relations in India, and
analyze the problems and hurdles in the working of federal system in India.

5.1 INTRODUCTION
We have adopted a federal system of government wherein there are two levels of
government functioning at the Union level and State level. In this Unit, we will
focus on the features of the federal system, as operating in India and relationship
between these levels.

Further, this Unit will have three Units, namely, legislature, executive, and
judiciary. These Units will be also discussed, as part of this Unit.

To begin with is a discussion of federalism in India

5.2 FEDERALISM IN INDIA

Some of the features of Indian federalism are discussed below:

5.2.1 Historical Background

Historically, the Government of India (GOI) was unitary in nature. However, At
the end of First World War, it began to be realized that purely unitary government
was not befitting to Indian system of administration. The Act of 1919 introduced
45
Parliamentary Democracy in ‘diarchy’, which can be regarded, as a first step towards federalism in British
India
India. Further, the enactment of the Government of India Act, 1935 specifically
provided for provincial autonomy. When the Constituent Assembly met in 1946,
it was agreed upon to have a federal form of government in India. The Constitution
of India incorporated many provisions of 1935 Act, but without using the word
‘federalism’ anywhere in its text.

5.2.2 Federal Features of Indian Constitution

Following are the federal features of Indian Constitution:
1) Rigidity
Making amendments to the Constitution is a very rigid, process as compared
to passing of ordinary laws. Amendments pertaining to those parts of the
Constitution, which define the relationship between the Union and States,
are required to be passed by a two-third majority of the members present
and voting in the Parliament and be ratified by half of the states of the
Indian Union.

2) Written Constitution

In India, we have a written Constitution, which is the supreme law of the

land. Both the Central and State governments derive their powers from it. It
serves, as a written contract between the two levels of governments.

3) Division of Powers

The very objective for, which a federation is formed, is the division of powers
between the union and the states. There seems to be a comprehensive attempt
to define the limits of the Central and State governments in the Indian
Constitution. The Constitution has three lists, List I that is the Union List,
List II that is the State List, and List III that is the Concurrent List. List III
includes residuary subjects on which both the governments can make laws.
In fact, it was presumed that central coordination in certain fields would be
desirable in the national interest and, therefore, the subjects of national and
common interest were placed in the concurrent jurisdiction of the two
governments1. This exhaustive attempt to define the jurisdiction of the two
governmental levels supports the federal claim of the Indian Constitution.

4) Independent Judiciary

Indian Constitution provides a system of judicial review of the governmental

legislations by the Supreme Court and the High Courts. Judiciary can set
aside an Act of any government, if it goes against the provisions of the
Constitution or if, in its opinion, has been passed without concurrence to
the procedure laid down by the law.

5) Bicameralism

Bicameralism means there are two houses of Parliament-a lower house or a

popular house having representatives elected directly by the people; and an
1
In case both the governments make laws on any subjects of the Concurrent List at the same
46 time, it is the law of the Union Government that prevails.
 upper house or a second chamber representing the federating units2. The Indian Federalism
Indian Parliament is also bicameral. It has two houses, namely the lower
house, that is, the Lok Sabha; and the upper house namely the council of
states, that is, the Rajya Sabha.
The Indian Constitution also has unitary features, as mentioned below:

5.2.3 Unitary Features of Indian Constitution

The features that highlight the unitary trend of our Constitution are discussed
below:
1) Absence of word ‘Federation’ in the Constitution
Our Constitution makers have conspicuously avoided the use of the word
‘federation’ in the Constitution. This can be considered, as a deliberate
attempt on part of the constitution makers to keep India unitary in spirit.
India has been described, as a ‘Union of States’ in the Constitution.

2) Single Constitution for the Union and States

Both the Union and state governments derive their authority from the
Constitution. States do not have their own constitutions. This upholds
uniformity in adherence to laws.

3) Single Citizenship
Indian Constitution does not provide for dual citizenship. Every citizen of
India is Indian by birth. There is only one nationality.

4) Centre’s Supremacy
Theoretically, in a federation, both the governments should be independent
of each other and none should be allowed to encroach upon the autonomy
of the other. In our federation, we have a strong Centre, as compared to the
states. Owing to its strong position politically, economically, and financially,
the Centre can makes inroads into the provincial sphere of action. This does
not uphold the federation spirit. It is not just ‘distribution of powers’ but it
is the constitutional guarantee of the state autonomy that makes the
‘distribution of powers’ the essence of federalism. In Indian case, a powerful
Centre with a large jurisdiction can always show its supremacy over the
states.
The Unitary Territories in India are also administered by the central
government. Other than this, the 42nd Constitutional amendment has
empowered the Central government to deploy armed forces in any state to
deal with law and order situations. The Indian government follows an
integrated judicial system with composition of state High Courts being
decided by the centre. Besides, the Supreme Court of India is authorized to
reverse the decisions of these courts.
5) Dominance of Parliament

The Parliament reigns supreme in the following manner:

2
The States send their representatives.
47
Parliamentary Democracy in As per Article 249, the Rajya Sabha can transfer any of the subjects
India
included in the state list to Parliament, when viewed from the
perspective of national interest. However, this has set in a wrong
precedent. This is usually resorted to when different political parties
hold the forte at the centre and states.

Under Article 253, Parliament has got the supreme power to make
laws for the whole or any part of the country. Likewise, it can take
decisions for implementing any treaty, agreement, and convention with
any other country or countries.

Parliamentary supremacy over the State Legislature is also indicated

in Article 3. By virtue of this Article, the Union Government can at
any time change the boundaries of any existing state, merge it with
some other state, create a new state out of an existing one, or abolish a
state altogether.

6) Appointment of Governors and other High Appointments

The Governors are appointed by the President at the behest of the Centre.
State governors hold office at the pleasure of President. There is no effective
say of a state government in regard to the appointment or removal of a
Governor. A Governor merely acts, as an agent of the centre. Apart from the
appointment of Governors, the judges of the High Courts, who come under
the jurisdiction of the state, are appointed by the President of india.

Centre also dominates the States in regard to All India Services (AIS) like
Indian Administrative Services (IAS) and Indian Police Services (IPS).
Members of AIS are appointed by the President of India. The Parliament
may also create a new AIS, if the Rajya Sabha passes a resolution by a 2/3rd
majority of its members present and voting. The manner of posting and
promotion of the members of AIS is also decided by the Centre. Disciplinary
action against such officers can be initiated by the UPSC alone.

The Election Commissioner and the Comptroller and Auditor General of

India are the central government employees and they do work for the states
also. This reflects the state governments are virtually run by the high officials
of the Union Government.

7) Provisions regarding Emergency

Articles 352, 356, and 360 provide for the emergency powers. They are
bestowed on the President of India to be exercised owing to the existence of
either condition, that is, when there is threat to sovereignty of the nation or
break down of constitutional machinery in a State or financial instability
and bankruptcy of any government respectively. These powers are so
sweeping in their effects that the very nature of the Indian state gets altered
into a purely unitary one.

48
 Indian Federalism
5.3 DIVISION OF POWERS UNDER INDIAN
CONSTITUTION
As per the Indian Constitution the division of powers has been broadly outlined
in three areas, namely, legislative, administrative, and financial. In the upcoming
discussion we will deal with each of them separately.

5.3.1 Legislative Sphere

The legislatives powers are divided into three exhaustive lists, as per the Seventh
Schedule. These lists are Union List, State List, and Concurrent List.
The Union List included 97 subjects and now has 100 subjects. Some of these
include defence, war & peace, railways, foreign affairs, etc. The State list, which
had 66 subjects initially and now, has 61 subjects, such as public health,
agriculture, police, irrigation, prisons, etc. are the ones on, which the states are
free to legislate. The Concurrent List, which earlier had 47 subjects and now
include 52 subjects, are the ones on, which both the Union and State governments
can legislate. However, in case of conflict, the Centre prevails.
Residuary subjects in the Constitution have been left with the Union government,
which refers to a subject that is not included in any of the three lists.
As per Article 249, the Rajya Sabha can pass a resolution by two-third majority
of its members present and voting that a particular subject in the state list is of
national importance and need to be transferred to Parliament to legislate.
Moreover, during emergency Parliament gets power to legislate on the entire
state subjects. As per Article 250, such legislation ceases to have any effect after
expiry of six months of the ceasing of emergency. Similarly, the Union Parliament
may also legislate on any State subject, if the legislatures of two or more States
require the Parliament to do so.
Some of the selected subjects under the three lists are depicted in Chart No.5.1
below.
Chart No. 5.1 : (Some Selected Subjects)
Union List(100 Subjects) State List(61 Items) Concurrent List(52 items)
Defence Police Civil Procedure
Foreign Affairs Public Health & Criminal Law and Procedure
Sanitation
Banking Liquor Education
Currency & Coinage Agriculture Marriage
Insurance Fisheries Labor Welfare
Navy, Army, and Air Force Prisons Contract
CBI Irrigation Economic and Social Planning
War and Peace Land Trusts
Citizenship Market & Fairs Bankruptcy and Insolvency
Extradition Money Lending Forests
Railways Land Revenue Protection of Wild Animals and
Birds 49
Parliamentary Democracy in
India Post & Telegraph State Public Services Prevention of Cruelty to Animals
Inter-State Trade Taxes on Professions Population Control and Family
Planning
Foreign Loans Taxes on Vehicles ———
Atomic Energy Taxes on Animals ———
and Boats

5.3.2 Administrative Sphere

Articles 257, 258, 262, and 263 of the Indian Constitution deals with the
administrative arrangement between centre and the states.
Article 257 provides that the states will exercise their executive powers in such
a way, as not to impede or prejudice the exercise of executive powers of the
Union. The GoI may give directions to a State, as may appear to it necessary for
the purpose.
Article 258 provides that the President can conditionally or unconditionally entrust
to the states functions to, which the executive power of the Union extends.
Article 262 empowers the President to provide the law for adjudication of any
dispute among States with respect to the use, distribution, and control of river
waters.
Article 263 deals with the establishment of an Inter-State Council.
All these provisions do ensure a cordial relationship between the two levels of
government. However, during an emergency, the power to give directions to the
state vis-à-vis the exercise of executive power relating to any matter rests with
the centre.

5.3.3 Financial Sphere

In a federal set up, it is necessary that the division of legislative and executive
powers must be accompanied equally by division of financial powers and
resources too. Article 264 to 300 of the Constitution provide for allocation of
financial resources:
1) Exclusive Financial Sources of Union Government
The sources of revenue exclusively under the domain of the Union are
enumerated in the Union List. Corporate tax, currency, foreign exchange,
customs and export duties, income tax, estate duty, posts and telegraphs,
railways, etc. come under the List.

2) Financial Sources of State Governments

Capitation taxes, duties in respect of succession to agricultural land, taxes
on agricultural income, land revenue, taxes on land and buildings, excise
duty on goods produced or manufactured in the states, such as, alcohol,
opium, etc.; taxes on consumption of electricity, taxes on sale of goods other
than newspapers, taxes on goods and passengers carried by road or inland
waterways, taxes on luxuries, and taxes on entertainments and amusements-
are the sources of revenue of the states.
50
3) Taxes Levied by the Union but Collected and Appropriated by States Indian Federalism

Article 268 lays down that certain taxes that shall be levied by the Union
but shall be collected and appropriated by states. These are:
Stamp duties on bills of exchange, cheques, promissory notes, bills of
lending, letter of credit, policies of insurance, transfer of shares, etc.
Excise duties on medicinal and toilet preparations containing alcohol
and opium.
4) Taxes Levied and Collected by Union but Assigned to States
Article 269 of the Constitution provides for duties and taxes that shall be
levied and collected by the Union government but shall be assigned to the
States. These include estate duty in respect of property, taxes on railway
fares and freights, taxes on sale/purchase of newspapers, and terminal taxes.

Besides the above, there is also provision of taxes, which are levied and collected
by the Union but distributed between centre and states such as taxes on income
and excise duty.

There is a provision of grants-in-aid to the states. Articles 275 and 282 contain
an elaborate system for conditional and unconditional grants. Parliament may
give grants-in-aid to the needy States. The States can also make requests for
borrowing for their specific projects.

Article 280 provides for a Finance Commission to be appointed by the President

at a five years interval. The Commission is responsible for the assessment of
needs of the States and, as per, recommend for the financial assistance required.
It makes recommendations for the distribution of the proceeds of taxes between
the union and states. It also suggests the principles that should govern the grant-
in-aid to the States.

5.4 WORKING OF INDIAN FEDERALISM

After going through the basic Constitutional framework regarding the federal
nature in India, it becomes interesting to analyze the actual working of this
arrangement. As far as the Constitutional provisions are concerned, there is a
clear tilt of powers towards the centre. The Union List carries almost double the
number of items, as compared to State list and this has been further strengthened
by the provisions of central priority in the case of concurrent list. Some scholars
have found that the unitary bias in our Constitution has gone further in its actual
working. Vast financial powers of the Union and increasing dependence of the
States upon Central grants, and dominance of Union planning machinery to bring
about socio-economic development of the country corrroborate this. Infact both
these controls are aimed towards bringing about uniformity, national strength,
and rapid development. A strong centre also seems to be necessary so as to fight
the separatist forces of communalism, linguism, or terrorism that intends to disrupt
the harmony and national progress. However, despite conflicts between the Union
and few States; we still have the spirit of ‘cooperative federalism’ moving on.

51
Parliamentary Democracy in Sarkaria Commission Report
India
In 1983, a three member Commission, headed by Justice Ranjit Singh Sarkaria
was appointed by the Central government to examine the relationship and balance
of power between the Union and state governments and to suggest changes, as
per. The Commission submitted its Report in the year 1987, which clearly found
nothing fundamentally wrong with the Constitution but insisted on having a strong
centre and stated that without it everything will wither away. Highlighting the
importance of decentralization, it found it necessary in light of India being a
federal state that it is was not merely the centre that was important, but equally
were the components of the federation that were the states. The Report suggested
a few but significant amendments in the structural aspect and also in functional
aspect of the Constitution governing the legislative, executive, and financial
relations between the centre and states.
The Commission sought in mending the imposition of Article 356 relating to
President’s rule in the States. Article 356 should be used sparingly after due
warning to the erring State. The State Legislature should not be dissolved before
the presidential proclamation has been considered by the Parliament.
The Commission also recommended that the Centre should consult the States
before legislating on a subject in the concurrent list. The Commission has
suggested a growth of healthy convention in this matter.

Activity
Let us know how you figure out the working of Indian Federalism?

5.5 CONCLUSION
In the Unit, we have discussed about the federal features of our nation, as
propounded by the Indian Constitution. Undoubtedly, there are well laid down
features like division of legislative, administrative, and financial jurisdiction
between the centre and states. There is a written constitution and existence of an
independent judiciary. Nevertheless, there are many more unitary features that
assign a quasi-federal nature to our democracy. There is total absence of word
‘federation’ in our Constitution. Single citizenship, one constitution for both the
states and Union, dominance of parliament, centre’s supremacy in making higher
appointments, etc. reflects inclination towards Centre’s superiority. We need to
make the states also on par so as to give real meaning to our federal character.

5.6 REFERENCES AND FURTHER READINGS

Bash D.D., 1998, Introduction to the Constitution of India, Prentice Hall, New
Delhi
Birch A.N., 1955, Finance and Social Legislation in Canada, Australia and United
States, close gap Oxford University Press, London
Bombwall K.R., 1979, National Power and State Autonomy, Meenakshi
Publications, Meerut
Shekar, Chander S., 1988, (ed.) Indian Federalism and Autonomy, B.R. Publishers,
Singh, Sahib & Swinder Singh, 2016, Indian Administration, New Academic,
52 Jalandhar
 Indian Federalism
UNIT 5 (A) LEGISLATURE

Introduction
India adopted a democratic system of governance. Institutions of democracy in
India in fact had begun to grow during the colonial rule itself. The provisions of
democracy found their place in the Government of India Acts of 1909, 1919, and
1935. Following independence, deliberations in the Constituent Assembly led to
the country becoming Republic with Indian Constitution coming into effect on
January 26th 1950. India opted for the Parliamentary form of government with
the nation state adapting the principles of sovereign, socialist, secular, democratic
republic.

In a Parliamentary democracy, sovereignty of the nation is upheld by ‘legislature’

(Parliament). The Constituent Assembly continued, as the provisional Parliament
of India till a new Parliament was constituted under the provisions of the new
Constitution. The first elected Parliament came into being in May, 1952, after
the first general election was held during that year.

Legislature is a general term, which subsumes specific names like Parliament,

Congress, National Assembly, and such others. It is called by different names in
different countries such as, ‘Diet’ in Japan, ‘Cortes’ in Spain, ‘Jatiya Sangshad’
in Bangladesh, and such others. In case of India, the legislature at the Union
level is called Parliament. We shall be using the term Parliament in this Unit.

This Unit shall familiarize you with the importance and role of Parliament in the
Indian context. To begin with, we shall be discussing about the importance of
Parliament in Indian governance.

Importance of Parliament
The importance of legislature has been highlighted by Lord Bryce1 (1921) in his
work, ‘Modern Democracies’. He found legislatures constituted an indispensable
part of the government machinery in democracies…. Michael Ameller has
emphasized that in a democratic set up, the Parliament lays down basic principles
for the executive to apply in implementing programmes of government and the
Judiciary to use them, as frame of reference. K.R. Narayanan (1992), the former
President of India, acknowledged Parliament and the State Legislatures, as
supreme institutions. He mentioned that “Parliament and legislatures constitute
the head and front of the body-politics in India. They are the institutional
embodiments of the audacious experiment in democracy by the founding fathers
of our republic.”

The first elected Parliament came into being in May, 1952, after the first general
election was held during that year. Parliament in India, occupies a position of
preeminence and over the years, it has carved out a niche for itself by becoming
a forum through, which the citizens of the country articulate and realize their
aspirations on one hand and ventilate their grievances and seek solutions to their
problems, on the other. It is the supreme representative body of the people

1
Lord Bryce was a British academic, jurist, historian, and liberal politician 53
Parliamentary Democracy in mentioned by Kashyap. Thus, it can be said that among the three organs of the
India
state, as, legislature takes precedence over the other two.

Our founding fathers made provisions for the working of Parliamentary

democracy by way of Articles 79 to 123 in the Constitution of India. These articles
provide for the composition of the Parliament, the qualifications of members of
the Parliament, the tenure of the two houses, their sessions, prorogation and
dissolution, their officials and their roles, and conduct of business; and the
legislative and financial procedures. The following discussion explains all these
aspects in detail.

Composition
The Indian Constitution provides for a bicameral Parliament, which has, as its
Executive Head the President of India and two Houses known, as the upper
House(Rajya Sabha) and the House of people (Lok Sabha)2. The Rajya Sabha is
referred, as upper house and Lok Sabha, as lower house of the Parliament. As the
government is federal in nature, there was unanimity among the framers of our
Constitution to achieve a balance between the indirect representation of people
in the lower house; and the representation of federal units, that is, the states in
the upper house. Hence the rationale for having two houses, one representing the
people, as a whole; and other the federal units.
The President is an integral part of the Parliament. The President is elected by
both Houses of Parliament and thereby considered as the Chief Executive and
every business of the goverment is carried out in the President’s name.
We will now discuss the composition of the Rajya Sabha and Lok Sabha
individually.
Composition of Rajya Sabha
1. Rajya Sabha is composed of not more than 250 members, of whom (a) 12
members shall be nominated by the President; and (b) the remaining (that is
238 members) shall be representatives of the States and the Union Territories
elected by the method of indirect election (Art.80).
2. The 12 nominated members shall be chosen by the President from amongst
persons having ‘special knowledge or practical experience in literature,
science, art, and social service’. The Constitution thus adopts the principle
of nomination for giving distinguished persons a place in the upper Chamber.
3. The representatives from each State shall be elected by the elected members
of the Legislative Assembly of the respective State in accordance with the
system of proportional representation by means of the single transferable
vote system.3
4. The representatives of the Union Territories shall be chosen in a manner, as
prescribed by the Parliament. Parliament prescribes representatives of Union
Territories to be indirectly elected by members of an electoral college4 of

2
We will be using the term ‘Rajya Sabha’ and ‘Lok Sabha’ in the Unit.
3
Single transferable vote system is a proportional voting system designed to achieve or approach
proportional representation through voters ranking candidates in multi-seat constituencies.
54
 that Territory, in accordance with the system of proportional representation Legislature
by means of single transferable vote system.
Federal representation to the Rajya Sabha has a large variance in terms of 1
member from the State of Nagaland to that of 31 members from the State of
Uttar Pradesh reflecting the federal nature of our country.

Composition of Lok Sabha

The Lok Sabha has a variegate composition. The Constitution prescribes for
composition given, as follows:

1) Not more than 530 representatives are to be elected by people of States. The
representatives from the states shall be directly elected by the people of the
states on the basis of adult suffrage. Every citizen, who is not less than 18
years of age and is not otherwise disqualified e.g., by reason of non-residence,
unsoundness of mind, crime or corrupt or illegal practice, shall be entitled
to vote. There will be no reservation of seats for any minority community
other than the scheduled castes and scheduled tribes.

2) Not more than 20 representatives of Union Territories will be directly elected,

as per law prescribed by the parliament for the purpose.

3) Not more than 2 members of the Anglo-Indian community, nominated by

the President, if he/she is of opinion that the Anglo-Indian community is not
adequately represented in the House of People.

Owing to these provisions the entire county is divided into suitable territorial
constituencies for purpose of holding elections to the lower house. The territorial
constituencies are bifurcated in a manner that the ratio of the population in each
constituency stands represented to the number of seats allotted to.

Qualifications
The qualifications that are required in order to be chosen, as a member of
Parliament, are given below:
1) The person must be a citizen of India.
2) He/she must be not less than 30 years of age to be a member of Rajya
Sabha; and not less than 25 years of age in case of Lok Sabha.
Additional qualifications can be prescribed by Parliament by law.

A person stands to be disqualified on the basis of either of the grounds, as a

member of either House of Parliament, if he/she:
1) holds an office of profit under the Government of India or Government of
any State, other than an office exempted by Parliament by law.
2) Has an unsound mind and stands so declared by a competent court.
3) Is insolvent.
4) Is not a citizen of India or has voluntarily acquired citizenship of a foreign

4
Electoral College is a body of electors.
55
Parliamentary Democracy in State or is under acknowledgement of allegiance or adherence to a foreign
India
power.
5) Is disqualified by or under any law of the Parliament.
Duration of Term of Houses
Rajya Sabha is a permanent body and not subject to dissolution. Only 1/3 of its
members retire on the expiration of every second year. An election is conducted
to fill-in 1/3 of its members in the beginning of every third year. The order of
retirement of the members is governed by the Rajya Sabha (Term of Office of
Members) Order, 1952.

On the other hand, Lok Sabha is elected for a period of 5 years, but it can also be
dissolved before the completion of its term by the President. Also, its normal
term can get extended by an Act during an emergency period. However,there is
a limit to this extention. The Act lays down that the extension cannot be made for
a period exceeding one year at a time and also such an extension cannot continue
beyond a period of six months after the emergency ceases to operate.

Sessions
The President has the power to summon, prorogue, and dissolve the lower house.
The Constitution requires the President to summon each of the Houses at such
intervals that six months shall not intervene between the last sitting of the House
in one session and the date appointed for its first sitting in the next session. The
net result of this provision is that Parliament must meet at least twice a year and
not more than six months shall lapse between the date on, which the House is
prorogued and the next session is commenced.

It would, in this context, be proper to understand certain terms used in relation to

the Parliament. Transaction of business takes place when the Parliament is in
session. Within a session, there are a number of daily sittings on different important
areas. There may be adjournments that do not put an end but merely postpones
the further transaction of business for a specified time that may be hours, days or
weeks. While prorogation merely terminates a session, dissolution brings down
the term of the lower house to an end, calling for a fresh election.

Activity
Express your views on Parliamentary any elections in our country. (cost factor,
representative factor especially gender and disadvantaged groups etc.) .

PRESIDING OFFICIALS
There are presiding officials for each House, as mentioned below:

Speaker

Each of the Houses has its own presiding official and secretarial staff. There will
be a Speaker, as a presiding officer of the Lok Sabha. Lok Sabha, in its first
sitting, will choose two members from the House to be the Speaker and Deputy
Speaker respectively.

56
The main job of the Speaker is to preside over the sessions. The Speaker will Legislature
have the final power to maintain order when the Lok Sabha is in session and to
interpret its Rules of Procedure. The Speaker’s conduct in regulating the procedure
or maintaining order in the House will not be subject to any court’s jurisdiction.

In the absence of a quorum, it will be the duty of the Speaker to adjourn the
House or to suspend the meeting, until the quorum is fulfilled.

Also, he/she will not vote in the first instance, but shall exercise a casting vote in
case of a tie. The absence of vote in the first instance is to make the position of
the Speaker impartial; and the casting vote is there to resolve an impasse.

Besides presiding over the House, the Speaker enjoys certain powers unlike the
Chairperson of the Rajya Sabha. These are:
1) The Speaker shall preside over a joint sitting of the two Houses of Parliament.
2) When a Money Bill is passed from the lower house to the upper house, the
Speaker shall endorse a certificate on the Bill of it being a Money Bill. With
this, the subsequent procedure in the passage of the Bill will be governed,
as per the provisions relating to the passage of the Money Bills.

The term of the Speaker or Deputy Speaker is co-terminus with the Lok Sabha.
However, the office may terminate early also, if he/she ceases to be a member of
the House or resigns or is removed from office by a resolution, passed by a
majority of all the members of the House. However, such a resolution shall not
be moved unless 14 days notice has been given of the intention to move the
resolution. While a resolution for his/her removal is under consideration, the
Speaker shall not preside the session of the House. However, he/she will retain
the right to speak and take part in the proceedings of the House.

When the office of Speaker is vacant or the Speaker is absent from a sitting of
the House, the Deputy Speaker will preside, except when a resolution for his/her
own removal is under consideration.

Chairperson
In the Rajya Sabha, the Chairperson is the presiding officer. While in the Lok
Sabha, the Speaker is elected by the members from among themselves, the
Chairperson of the Rajya Sabha is an ex-officio position. The Vice President of
India is the ex-officio Chairperson of the Rajya Sabha and is Presiding Officer of
the House so long, as he does not officiate, as the President of India during a
casual vacancy in that office. When the Chairperson has to officiate, the Deputy
Chairperson performs the duty of the presiding officer. The Chairperson’s term
is co-terminus to the office of the Vice-President.

The functions of the Chairperson in the Rajya Sabha are similar to those of the
Speaker of the Lok Sabha except that the Speaker has certain special powers of
certifying a Money Bill, or presiding over a joint sitting of the two Houses.

57
Parliamentary Democracy in
India ROLE OF PARLIAMENT
Indian Parliament is constituted, as the supreme legislative body. It is a
multifunctional institution performing a variety of roles. These roles are discussed
below:

Legislative Role
The primary function of Parliament is law-making. It is the law making that
makes the legislature a paramount body.

The lower house of the Parliament seems to enjoy a key role with regard to
money bill. These bills can be introduced only in the Lok Sabha and not in Rajya
Sabha. Once the bill is passed by the lower house, it goes to the Rajya Sabha for
consideration. The Rajya Sabha is given fourteen days time to take action on the
bill. The Rajya Sabha can either pass it or can amend or reject it. If the bill is
passed by the Rajya Sabha, then it goes to the President for his assent. If it is
amended or rejected, then it goes back to the Lok Sabha for reconsideration and
then voted by a simple majority and is sent to the President for assent.

In case of ordinary bills, both the houses have equal powers. These bills can be
introduced either in the Lok Sabha or the Rajya Sabha. The Rajya Sabha may
amend or reject a bill that is passed by the Lok Sabha. If the Lok Sabha disagrees
with the action of the Rajya Sabha or if it happens vice versa, when the RajyaSabha
disagrees to the amendments made to a bill by the Lok sabha, then the matter is
placed before a joint sitting of both the Houses and then it gets passed by a
simple majority. A bill passed in a joint sitting is sent to the President for his
assent. With regard to Constitutional amendment too, both the Houses have
equal powers. The Constitution cannot be amended unless the Rajya Sabha also
agrees to bring in such amendments.

Control over the Executive

Another important role of the parliament is the control of the executive. In the
Constitution, the Council of ministers is collectively responsible to the Lok Sabha5.
The lower house enjoys the right to call for information pertaining to policies
and programmes of the government and to see whether it has acted in conformity
with its obligation. The parliaments control over executive is meant to galvanize
and promote administrative pro-activeness in all matters of public interest. This
makes the executive to be always vigilant to work in public interest.

There are numerous procedures by, which the lower house controls the executive.
Parliamentary questions to ministers, adjournment motions, and call attention
motions are the procedures, which enable members to draw attention to specific
grievances or issues and elicit government’s responses on them. The lower house
has a right to pass a no-confidence or censure motion against the government
(this right does not exist with the Rajya Sabha). Besides, there are motions of
short duration discussions, private members’ resolutions, motions for modification
of statutory instruments, and reporting by the departments and public undertakings
that keep a tab on the administrative lapses or shortcomings of the government
5
The Rajya Sabha has every right to be fully informed on all matters connected with the
58 government’s activities, which are raised on its floor.
machinery. Legislature

Parliamentary control over public finance-the power to levy or modify taxes and
the voting of supplies and grants-is one of the important checks against the
executive assuming arbitrary powers. No taxes can be levied and no expenditure
can be incurred from the public exchequer without Parliamentary authorization
of the same by law.

Representational Role
Parliament is a body, which represents the people. Its members are drawn from
every part of the country and represent interests. Parliament acts a forum, where
members from diverse parties and varied interests come together under a common
platform. Here is where consensual politics can happen with dialogue and
interaction taking place face to face.

Also by being a forum, the needs and aspirations of the masses here get expressed.
In the words of Kashyap “Parliament represents the changing…needs of the
people. It is not only a microcosm and a mirror of the people, but also a barometer
of their mood and pulse”.

Parliament, as a people’s institution and its members, as peoples’ representatives,

has always championed the cause of masses. Parliament has all along been a
body, which responds to matters of public interest zealously- raising matters of
public importance in the House. It has culminated to a role of being an ombudsman
of the grievances of the people of the country.

Special Powers of Rajya Sabha

The Constitution has assigned some special powers only to the Rajya Sabha.
Article 249 of the Constitution empowers the Rajya Sabha to make laws on
matters coming under the state list keeping national interest in perspective.
Similarly, under Article 312, the Rajya Sabha is empowered to decide by a
resolution supported by a two-thirds majority about setting up of an All India
Service. The Lok Sabha comes into picture later, after the Rajya Sabha has passed
the laws conerning these.

Thus, we see that the two Houses of Parliament, though constituted differently
and enjoy some powers on an equal/ exclusive basis are nevertheless coordinate
chambers. Both the Houses have equal powers in matters such as in the
impeachment of the President, removal of the Vice-President, Constitutional
amendments, and removal of the judges of the Supreme Court and the High
Court. Besides, Presidential ordinances, proclamation of emergency, and
proclamation of the failure of Constitutional machinery in a state must be placed
before both the Houses.

However, there are certain powers that are in the exclusive domain of each of the
Houses. Whereas the council of ministers enjoys financial powers and owes a
sense of collective responsibility to the lower house, the upper house does enjoy
certain powers, as has been already mentioned in Articles 249 and 312.

59
Parliamentary Democracy in
India PARLIAMENTARY PROCEDURE
The lower house, that is, the Lok Sabha has the elected representatives of the
people, who form the executive. The executive has members. The entire executive
is having a Council of Ministers having both the state ministers and Cabinet
ministers. The Cabinet ministers hold different portfolios.6 The entire Council of
Ministers is headed by the Prime Minister of the political party that has a majority
of seats in the Parliament. The executive is thereby formed by the ruling party.
The Cabinet continues in powers as long as, it retains majority in the lower
house of the parliament.

There are different stages in the parliamentary procedure relating to passing of

bills (other than money bills) that are discussed, as follows:

1) Introduction: A bill other than money or financial bill may be introduced

in either House of the Parliament and requires passage in both the Houses
before it can be sent for the President’s assent. A bill may be introduced
either by a Minister or by a private Member..

2) Motions after introduction: After a bill has been introduced, the Member
in-charge of the bill, may resort to any of the following motions:
That it can be taken into consideration.
That it can be referred to a select committee
That it can be circulated for the purpose of eliciting public opinion.
3) Report by Select Committee: If the bill is refererred to a select committee,
then the select committee of the House considers the provisions of the bill.
After consideration, it submits its report to the House. Once the report is
received, the clauses of the bill are open for discussion and amendments are
admissible.

4) Passage in the other house: When a bill is passed in one House, it is sent to
the other House. When the bill is received in the other House, it undergoes
all the stages, as in the originating House subsequent to its introduction.
The House, which receives the bill from another House can take either of
the following courses:

It may reject the bill altogether. In such a case the provision of joint
sitting may be convened by the President.

It may pass the bill with amendments. In this case, the bill will be
returned to the originating House. If the originating House amends the
bill, as per, then the bill is sent to the President for his/her assent. If,
the originating House does not agree to the amendments made by the
other House and there is a disagreement between the two Houses, the
President summons a joint sitting for resolution.

6
Ministries and departments
7
The difference in the two cases is that any member other than a Minister desiring to introduce
a Bill has to give notice of his/her intention and to ask for leave of the House to introduce the
60 bill.
5) President’s assent: When a bill has been passed by both the Houses, it is Legislature
sent to the President for assent. If the President withholds his assent, there
is an end to the bill. With the President’s assent, the bill becomes an Act
w.e.f. the date of assent. The President can also return the bill for
reconsideration by both the Houses. The Parliament may reconsider and as
per, revise the bill or it may not reconsider and can send the bill back to the
President without any changes in the same form, as earlier. Therein, sent for
the second time, the President gives the assent.

CONTROL OVER FINANCES

The financial system consists of two branches-revenue and expenditure.
1) As regards revenue, Art.265 specifies that no tax shall be levied or collected
except by authority of law. The result is that the executive cannot impose
any tax without legislative sanction. If any tax is imposed without legislative
authority, the aggrieved person can obtain relief from the courts of law.
2) As regards expenditure, the Consolidated Fund of India is the reservoir of
revenues of the GOI. Also, all loans raised by the government are paid from
it. The Constitution provides that no moneys shall be appropriated out of
the Consolidated Fund of India except in accordance with law.

The following are the financial committees of the Parliament to monitor the
fiscal prudence of expenditure done by various ministries and departments.

to begin with is the Estimates committee.

Estimates Committee

The government has the sole initiative in formulating its policies and in presenting
its demands for carrying out those policies. Parliament can hardly refuse such
demands or make drastic cuts in such demands without reflecting on the policy
and responsibility of the government in power. It is also not expedient to suggest
economies on different items of the expenditure proposed by the Government,
owning to the shortage of time at the disposal of the House. Herein, the scrutiny
of the expenditure proposed by the Government is, therefore done by a Committee,
known as the Estimates Committee. After the Annual Financial Statement, that
is the budget, is presented before the lower house, this Committee (annually
constituted) examines the estimates.

Though the report of the Estimates Committee is not debated in the House, the
fact that the Committee carries on its examination on two scales of economy and
efficiency throughout the year and places its views before the members of the
House, as a whole, exerts a salutary influence in checking governmental
extravagance in making demands for the coming year and, as per, in moulding
its policies.

Public Accounts Committee

The expenditure sanctioned by Parliament has to be spent in accordance with the

provisions of the Appropriation Act. The Comptroller and Auditor
General(C&AG) is the guardian of the public purse and it is his/her duty to 61
Parliamentary Democracy in watch that not a single paisa is spent without the authority of Parliament. The
India
C&AG submits the audit report relating to the accounts of the Union Government
to the President, who lays the same before the Houses of Parliament.

After the report of the C&AG is laid before the Parliament, it is examined by the
Public Accounts Committee (PAC). Though this is a Committee of the House of
the People, it has 15 members from the lower house and seven members of the
upper house. The Chairperson of the Committee is generally a member of the
Lok Sabha, who is not a member of the ruling party.

In scrutinizing the Appropriation Accounts of the GoI and the report of the C&AG
thereon, it shall be the duty of the Committee on Public Accounts to satisfy:
1) That the moneys shown in the accounts, as having been legally disbursed,
were actually available and applicable to the services or purposes for which
they were applied for.
2) That the expenditure conforms to the authority, which governs it.
3) That every re-appropriation has been made in accordance with the provisions
made in this behalf under rules framed by competent authority.

The Committee, in short, scrutinizes the report of the C&AG in detail and submits
its report to the House of the People, so that the irregularities noticed can be
discussed and effective steps can be taken thereof.

Activity
How do you find government’s concern over the financial irregularities brought
forth by the Committees of the Parliament in recent years?

CONCLUSION
In a Parliamentary democracy, sovereignty of the people is upheld through the
legislature. In India, the legislature at the Union level is called Parliament. The
Indian Constitution provides for a bicameral Parliament, which consists of the
President and two houses known, as Rajya Sabha and Lok Sabha. Each house of
Parliament has its own Presiding officer and secretarial staff. The Parliament, as
a legislative body performs different functions like those of exercising control
over finances, ensuring the accountability of the government to the lower house,
passage of bills etc.

REFERENCES AND FURTHER READINGS

1) Ameller Michael, 1966, Parliaments: A Comparative Study on the Structure
and Functioning of Representative institutions in Fifty-five Countries,
Cassell, london.
2) Basu Durga Das, 2009, Introduction to the Constitution of India (20th Edition),
Lexis Nexis Butterworths, Wadhwa
3) Granville Austin, 2001, The Indian Constitution: Cornerstone of a Nation,

62
 Oxford University Press, New Delhi Legislature

4) Indian Administration (BA2-PA2), 2013, Dr. B. R. Ambedkar Open

University, Hyderabad
Kashyap Subhash, 2015, Our Parliament, National Book Trust, New Delhi.
5) Laxmikanth M., 2013, Public Administration, McGraw Hill Education
(India) Pvt. Ltd, New Delhi

63
Parliamentary Democracy in
India UNIT 5 (B) EXECUTIVE

INTRODUCTION
A basic feature that characterizes the Parliamentary model is the presence of
dual executives. The President of India is the constitutional head of the state
whereas the Prime Minister (PM) and his/her Cabinet are the real executive. The
PM and Council of Ministers are chosen from the majority party in the Parliament
and are responsible to it for their policies and actions. They remain in office, as
long as, they enjoy the confidence of the latter.

At the head of the central executive is the President of India. Article 53 of the
Constitution formally vests in the President the executive powers of the Union,
which are exercised by him/her either directly or through officers subordinate to
him/her, in accordance with the Constitution. In practice, he/she is aided and
advised by the Cabinet which is headed by the PM. Therefore, the executive at
the centre consists of the President, the PM, and Cabinet.

In this Unit, we will discuss about political executive at the central level in detail.
To begin with, is a discussion on President of India.

PRESIDENT
The President is a Constitutional head of the State in the sense that he/she
represents the nation. All actions of the Government are carried out in his name
but he is not the ultimate deciding, directing, or determining factor. Article 52 of
the Indian Constitution states ‘there shall be a President of India,’ and, as per
Article 53(1) in him/her shall be vested the executive powers of the Union, which
are exercised by him/her either directly or through officers subordinate to him in
accordance with the Constitution.’ In practice he/she is aided and advised by the
Council of Ministers headed by the PM.

Election
The post of the President is the highest executive post in the country. The
qualifications for the post are mentioned in Article 58 of the Constitution. The
qualifications are that he/she should be:
1) A citizen of India
2) Above 35 year of age
3) Qualified for election to the lower house of the Parliament
4) Not holding any office of profit under the Union or State Governments.
The President is elected by indirect election, that is, by an Electoral College, in
accordance with the system of proportional representation by means of a single
transferable vote system. The Electoral College shall consist of elected members
of both houses of Parliament, the elected members of the legislative assemblies
of the states, and the elected members of the legislative assemblies of Union
64
Territories of Delhi and Pondicherry. Executive

Term of Office and Impeachment Procedure

The term of office is of five years from the date on, which he/she assumes the
office. He/She is eligible for re-election to the post for only one time. The President
may/ have to leave his/her office before completion of the five years term on two
grounds:
1) By resignation in writing under his/her hand addressed to the Vice-President
of India.
2) By the process of impeachment for violation of the Constitution.
An impeachment is a quasi-judicial procedure in Parliament. Either of the houses
may refer a charge against the President of violation of the Constitution before
the other house, which shall then either investigate the charge itself or cause the
charge to be investigated. For the charges to be leveled, it is required that a
resolution containing the proposal is moved after a 14 days’ notice in writing
signed by not less than ¼ of the total number of members of that House; and the
resolution is then passed by a majority of not less than 2/3 of the total membership
of the House.

The President shall have a right to appear and be represented in such an

investigation. If, as a result of the investigation, a resolution is passed by not less
than 2/3 of the total membership of the House (before, which the charge has
been referred to) declaring that the charge has been sustained, such resolution
shall have the effect of removing the President from his/her office with effect
from the date on, which such resolution is passed.

Till a new President is elected, the Vice President will be incharge of the office
of the President.

We will now discuss the powers of the President.

POWERS
The following are the powers of the President:
1) Executive powers
Executive power may be defined, as the power of carrying on the business
of government or the administration of the affairs of the state, excepting
functions, which are vested by the Constitution in any other authority.
The list of executive powers is given below:
1) All executive actions of the GoI are formally carried out in the
President’s name.
2) He/She Makes rules specifying the manner in, which the orders and
other instruments made and executed in his name, shall be
authenticated.
3) Appoints the PM and the other ministers. They all hold office at his/
her pleasure.
65
Parliamentary Democracy in 4) Appoints the Attorney-General of India, Comptroller and Auditor-
India
General of India, the Chief Election Commissioner and other Elections
Commissioners, the Chairperson and members of the Union Public
Service Commission, Governors states, and the Chairperson and
members of Finance Commission.They all hold office at his/her
pleasure.
5) Can seek any information from the PM on matters relating to the
administration of affairs at the Union level.
6) Can appoint a commission to investigate into the conditions of SCs,
STs, and OBCs.
7) Appoints inter-state councils to promote relations between the Centre
and states and also inter-state.
8) Administers the union territories through administrators appointed by
him/her.
9) Can declare any area, as scheduled area and has powers with respect
to the administration of scheduled areas and tribal areas.

2) Legislative Powers
The President of India enjoys the following legislative powers on the advice
of the PM and Cabinet. The President.
1) Can summon or prorogue the Parliament and even dissolve the lower
house. He/she can summon a joint sitting of both the houses of
Parliament, to be presided over by the Speaker of the Lok Sabha.

2) Addresses the Parliament at the commencement of the first session

after each general election and the first session of each year.

3) Can send messages to the houses of parliament with respect to a bill

that is pending.

4) Can appoint any member of the Lok Sabha to preside over its
proceedings when the offices of both, the Speaker and the Deputy
Speaker are vacant. Similarly, he/she can also appoint any member of
the Rajya Sabha to preside over its proceedings when the offices of
both, the Chairman and the Deputy Chairman are vacant.

5) Nominates 12 members to the Rajya Sabha from amongst the persons

of eminence in fields of literature, science, art, and social service.

6) Nominates two members to the Lok Sabha from the Anglo-Indian

community, if the community is not represented.

7) Decides on the disqualification of members of Parliament in

consultation with the Election Commission.

8) Gives his/her prior recommendation or permission to introduce certain

types of bills in the Parliament. These bills pertain to expenditure from
the Consolidated Fund of India and alteration of boundaries of states
66
 or creation of a new state. Executive

9) When a bill is sent to the President, after it has been passed by the
Parliament,
a) gives assent to the bill, or
b) withhold his/her assent to the bill, or
c) return the bill (if it is not a money bill) for reconsideration of the
Parliament.
However, if the bill is passed again by the Parliament, with or without
amendments, the President has to give his/her assent to the bill. It should
be noted here that the President has no veto power in respect of a
constitutional amendment bill. The 24th Amendment Act (1971) made
it obligatory upon the President to give his/her assent to a constitutional
amendment bill.
10) When a bill passed by a state legislature is reserved by the Governor
for consideration of the President, the President can:
a) give his/her assent to the bill, or
b) withhold his/her assent to the bill,
c) direct the governor to return the bill (if it is not a money bill) for
reconsideration of the state legislature. It should be noted here
that it is not obligatory for the President to give his/her assent,
even if the bill is again passed by the state legislature and sent
again to him for his re-consideration. Thus, the President enjoys
absolute veto power over state bills.
11) He/She can promulgate ordinances, when the Parliament is not in
session. These ordinances must be approved by the Parliament within
six weeks from its reassembly. H/She can also withdraw an ordinance
at any time.
12) He/She calls for reports of the C&AG, UPSC, Finance Commission,
and others to be laid before the houses of the Parliament.
13) He/She can make regulations for governance of the Union Territories.
3) Financial Powers
The financial powers are, as follows:
1) Money bills can be introduced in the Parliament only with his/her prior
permission.
2) No demand for a grant can be made except on his/her recommendation.
3) He/She can make advances out of the Contingency Fund of India to
meet any unforeseen expenditure.
4) He/She constitutes a Finance Commission in every five years to
recommend the distribution of taxes between the Centre and states.
4) Judicial Powers
The judicial powers are given, as follows:
67
Parliamentary Democracy in 1) He/She can appoint the chief justice and the Judges of Supreme Court
India
and High Courts.
3) He/She has the power to pardon, reprieve, respite, and remission
of punishment; or suspend, remit, or commute1 the sentence of
any person, where the punishment or sentence is by a court martial
5) Emergency Powers
The President can declare three types of emergencies.
1) National Emergency (Article 352)
2) State Emergency (Article 356 & 365)
3) Financial Emergency (Article 360) ­

National Emergency
Under Article 352 the President can declare a national emergency on
the basis of a written request by the Cabinet. The proclamation of
emergency must be approved by the Parliament (both houses) within
one month. If approved, the emergency shall continue for six months.
It can also be extended for every six months with approval of the
Parliament. A national emergency has been proclaimed three times so
far-in 1962, 1971, and 1975.
The President acquires the following powers during a national emergency:
1) He/she can give directions to any state with regard to the manner in,
which its executive power has to be exercised.
2) He can modify the pattern of the distribution of financial resources
between the Union and the states.
3) He can suspend the Fundamental Rights of citizens except the right to
life and personal liberty (Article 21) and the right to protection in respect
of conviction for offenses (Article 20). Moreover, the right to six
freedoms (Article 19) can only be suspended in case of an external
emergency (i.e. on the grounds of war or external aggression) and not
in case of internal emergency owing to failure Constitution.
Parliament retains certain powers during a national emergency:
1) It can make laws on any subject mentioned in the state list. Such laws
cannot continue beyond six months after the emergency is over.
2) It can extend the normal tenure (five years) of the Lok Sabha as well as
State Legislative Assembly by one year. Such extensions cannot
continue beyond six months after the emergency is over.
State Emergency

1
Pardon sets free a person from all punishment imposed on him by a court of law for some
offence. Reprieve implies a stay of the execution of a sentence for a temporary period. Respite
denotes awarding of a lesser sentence instead of the penalty otherwise prescribed by law.
Remission implies reducing the amount of sentence without changing its character. Commutation
denotes the substitution of one form of punishment for another form, which is of a lighter
68 character.
 If the President is not fully satisfied on the basis of a report of the Executive
Governor of a concerned state or from other sources that the governance
in a state cannot be carried out according to the provisions of the
Constitution, he can proclaim an emergency under Article 356. Such
an emergency must be approved by the Parliament within a period of 2
months. By Article 365, if the state is not working, according to the
direction of the Union government an emergency can be proclaimed.
Such an emergency must be approved by the Parliament within a period
of 2 months and can last up to maximum of three years via extensions
after every 6 months period.
When the President’s rule is imposed in a state, the President dismisses
the state’s council of ministers headed by the chief minister. The state
governor, on behalf of the President, carries out the state administration
activities with the help of chief secretary of the state or the advisors
appointed for the purpose. When the state legislative assembly is
dissolved or suspended, it is the Parliament that passes the state
legislative bills and state budget. It needs to be mentioned here that
the constitutional status, position, powers, and functions of the state’s
High Court are not affected by such a proclamation. In other words,
the President cannot interfere in the jurisdiction of the state’s High
Court.
Financial Emergency
Under Article 360 the President can proclaim financial emergency, if
he is satisfied that the financial stability of the country or any part
thereof is financially threatened. Such a proclamation must be approved
by the Parliament within two months of its coming into force by a
simple majority. The President can then give direction to the states to
observe financial propriety. He/She can issue directions for reduction
of salaries and allowances of all or any particular class serving under
the state. This applies to levels serving in connection with the affairs
of the union, including the judges of the Supreme Court and High
Courts. He/She can require all money bills and other financial bills be
reserved for his/her consideration.
This type of emergency has never ever been declared.
6) Diplomatic Powers
Diplomatic power is spoken, as identical with foreign or external affairs
that bring the Union into a relation with a foreign country. International
treaties and agreements are negotiated and concluded on behalf of the
President. subject to Parliaments approval of the Parliament. He/She
represents India in international forums and sends and receives diplomats
like ambassadors and high commissioners.

7) Military Powers
He is the supreme commander of the defence forces of India. In this capacity,
he appoints the chiefs of the army, navy, and air force. He can declare a war
or conclude a peace treaty subject to Parliament’s approval.

Now, we will take up with a discussion on the Prime Minister of India in the
69
Parliamentary Democracy in ensuing Section.
India

PRIME MINISTER
The Indian Parliamentary democracy provides for a nominal and real political
executive. These are the President and the PM respectively. The real executive is
the PM and Council of Ministers. Articles 74, 75, and 78 broadly govern the
relationship between the PM and President. The function of the PM, as per Article
74 is that of rendering aid and advice to the President. Article 75(1) of the Indian
Constitution provides that PM shall be appointed by the President and other
ministers shall be appointed by the President on the advice of the PM. Article
75(2) governs that ministers shall hold office at the pleasure of the President of
India. Article 78 places an obligation on the PM to inform the President about all
decisions relating to administration of affairs of the Union and also proposals
pertaining to future legislations.

Roles
The PM enjoys power and influence, both in the executive and legislature. He/
She is the key person in the government. The structure of the Cabinet is built
around him/her. According to Gladstone (former PM of the UK) PM is the
keystone of the Cabinet ‘arch.’ Ivor Jennings (British Lawyer) describes him/her
as ‘the sun around, which planets revolve’. According to Peter G. Richard ‘Prime
Minister is Primus Inter Pares first among equals, As per Ramsay Muir2 "Cabinet
is the steering wheel of the state and Prime Minister is the steersman (person)."

The PM, by virtue of being the leader of the majority party in the Lok Sabha, is
the head of the Council of Ministers. He/She is also the leader in the Parliament.
He/She serves, as a channel of communication between the President and the
Council of the Ministers. He/She is a spokesperson of the country on all matters
of foreign policy. Besides, he/she distributes the portfolios and can go in for a
reshuffle of the same among ministers. He/She can ask a minister to resign.

In the following Section, we will take up a discussion of the Office of the PM of

India, known, as Prime Minister’s Office-PMO.

PRIME MINISTER’S OFFICE

The Prime Minister’s office (PMO) provides secretarial assistance to the PM. It
is headed by a Principal Secretary. Earlier known, as the PM’s Secretariat when
it came into existence on August 15, 1947, since 1977 it is known, as the PM’s
Office'. The Office was created with an aim to render all aid and assistance to the
PM in performance of his/her duties.

Organization
The PMO is headed by a Principal Secretary to the PM. The organizational
hierarchy of the office is, as follows:
2
John Ramsay Bryce Muir was a British historian, Liberal Party politician and thinker, who
made significant contribution to the development of liberal political philosophy in the 1920s
and 1930s through his work on domestic industrial policy and promotion of international
policy of interdependency.
70
1) Principal Secretary: He/She heads the hierarchy at the PMO and deals with Executive
all governmental files in the office. He/She also looks into the affairs of the
various ministries that the PM may ask him/her to handle.
2) Additional Secretary: He/She looks after the personnel and policy matters
of the ministries that the PM may ask him/her to look into.
3) Joint Secretary (I): He/She looks after Home Affairs, and Law and Justice.
4) Joint Secretary (II): He/She handles the administration of the PMO and the
Ministries of Surface Transport, Communications, Railways, and Civil
Aviation.
5) Joint Secretary (III): He/She looks after the Ministries of External Affairs,
Defence, and Department of Atomic Energy.
6) Director (I): He/She is an Officer on Special Duty, who looks after rural
development and civil supplies.
7) Director (II): He/She is incharge of Home Affairs.
8) Director (III): He/She performs jobs that are given by the PM.
9) Director (IV): He/She is assigned with the matters concerning the States of
North-East.
This nature of job assigned to the officials is subject to the discretion of the PM.
Besides the above, there are functionaries, belonging to Class I, II, III, and IV
Services.
Functions
Broadly, the jurisdiction of the PMO covers all such subjects and activities that
have not been allocated to any of the departments. These pertain to:
1) Deal with all references pertaining to Rules of Business that come to the
PM.
2) Help the PM in the discharge of his/her overall responsibilities, as the head
of the government. Also, it maintains liaison with the Union ministries and
state governments.
3) Deal with the matters relating to public relations of PMO.
4) Render assistance in assessment of cases that are submitted to the PM for
action.
5) Handles the correspondence of the PM.
Increasing importance of PMO
The idea behind its creation was to process all proposals so as to leave the PM
with enough time to concentrate on major policy decisions. In contemporary
times, it has become a think tank of the PM. Major policies of the country like
foreign policy, defence policy are worked out together with PMO and respective
ministries. For instance, the formulation of foreign policy of the country is worked
out together by both the Ministry of External Affairs and PM in consultation
with his office.

71
Parliamentary Democracy in When we discuss about the role of PMO, we can find that PMO has evolved to
India
the present form owing to its working under different PMs. Under Nehru the size
of the office was limited, so was its role. Under his tenure, there was a great
reliance on the Ministries.
It was Nehru’s successor PM Shastri, who took the first step towards establishment
of a powerful Secretariat in the PMO. This led to a formidable influence of PMO
in making decisions in future regimes that became a trend Gradually, the PMO’s
Secretariat became an executive force. Much of the domestic and foreign policy
started taking shape here and gradually it assumed lot of authority. Imposition of
emergency in 1975-1977 ushered in concentration of more authority in the Office
that all ministries, departments, and other executive agencies were to adhere to
its strictures. PMO’s Secretariat became a national policy formulation body and
the Cabinet Secretariat its enforcement arm.
During the Janata Party regime, the existing concentration of power was diffused
and it started performing functions that were secretarial in nature. The Secretariat
was divested of its various policy making cells. However during the UPA regime,
policy making power again started getting reinstalled in the Secretariat and the
same centimes today.
Hence, PMO seems like a ‘mini Cabinet,’ as it attempts to supplant the Cabinet
in all major policy making functions.

COUNCIL OF MINISTERS
The Council of Ministers includes the Cabinet ministers, state ministers, and
deputy ministers with PM, as its head. Sub-clause 1A has been inserted to Article
75, which provides the total number of ministers along with the Prime Minister
shall not exceed 15% of the total number of the members of the House of People
w.e.f. 1.1.2004.

It is the prerogative of the PM that governs the selection of ministers. The

Constitution lays down that a person joining the Council of Ministers must be a
Member of Parliament. The PM can take in a person, who is not a Member of
Parliament, but in such cases, the person has to contest and win election to a
parliamentary seat within six months of assumption of office.

The Prime Minister takes note of several factors when selecting the ministers,
such as: a) geographical representation, b) political base of a member, c)
representation of a social mix of the electorate, d) individual capacity and
capability, e) reward for loyalty, f) representation of backward classes, g) adequate
representation to states in terms of population, and (h) a member’s earlier
performance, as a minister, if he had been one.

The PM is at the apex, followed by Cabinet rank minister, who wields an

independent charge of a ministry. Ministers of State usually are accorded second
rank within the portfolios assigned to the Cabinet Ministers. Sometimes, rather
than having a minister of Cabinet rank, the PM may assign an independent charge
of a portfolio to a minister of State. The Deputy Ministers are within the portfolio
in the third rank and may look after various functions3. Parliamentary secretaries
are also there to render aid and assistance to the Council of Ministers.
72
The entire Council of Minister work according to the principle of collective Executive
responsibility. They all swim and sink together. If a no-confidence motion gets
passed the entire government has to resign.

Roles of Cabinet
The Cabinet performs the following roles:

As Prime Policy Maker

The Cabinet is the prime policy making body of the government. It looks
into the areas that require formulation of new policies or incremental
modifications to an existing policy/programme. The initiative in this regard
is taken by the minister in charge of the department or ministry. The
provisions in the proposed policy or a programme are reviewed in detail by
the department/ministry concerned and once finalized it is placed before
the Cabinet for approval.

As Prime Legislative Body

It is an integral part of the legislative system. Although the Parliament is the
supreme law making body of the nation, legislation is essentially the
handiwork of the Cabinet. It is the Cabinet that gives final shape to all
government bills. It prepares the legislative agenda at the very start of every
parliamentary session and decides upon the bills to be put forth. The inaugural
speech of the President is also prepared by Cabinet. The President summons,
prorogues, and dissolves the House on the advice of the Cabinet headed by
the PM. All ordinances issued by the President are also prepared by the
Cabinet. Thus, we see that Cabinet not only executes the policies but also
provides leadership in most of the matters pertaining to legislation.

As an Advisory Body
The Cabinet is an advisory body to the President of India. Its advice is
binding on the President in matters pertaining to his/her assent on a bill. It
is the sole decision-making body on all policy matters and these decisions
are conveyed to the President, who endorses them.

As a Coordinating Agency
The Cabinet is the coordinating agency for all ministries. All ministries/
departments do work in a harmonious and coordinating environment.

As Chief Executive Organ

Each Cabinet minister is the political head of his/her department. The
principal aide is the Secretary, who functions, as the administrative head of
the department. The Secretary is responsible for carrying out the policies.
Though the minister does not interfere in the day-to-day working of the
department, the secretary must keep him posted of all major developments,
as the ultimate responsibility rests on the minister.

As Coordinator of Foreign and Defence Policies

Conduct of foreign relations, reception of diplomats, appointment of
diplomats, and recognition or non-recognition of new states are done with
3. It is not necessary to have Deputy Ministers. 73
Parliamentary Democracy in approval of the Cabinet. Treaties are negotiated and signed and Parliament
India
is duly informed about these. The Cabinet also controls the foreign tours of
the President and other ministers.

The Department, which is concerned with the defence of the country, is

called the Defence Department. It is responsible for the organization of the
entire forces and in making key appointments to the Army, Navy, and Air
Force. It is this Department which, in consultation with the Cabinet, can
take action on matters such as declaration of war, mobilization of troops,
and calling off wars.

As Crisis Manager
Emergencies whether pertaining to external aggresion or failure of
constitutional machinery in any state,its declaration is based on the
recommendation of the Cabinet.

Activity
Highlight the grounds that make India a Republic.

CONCLUSION
A basic feature that characterizes the Parliamentary model is the presence of
dual executives. The President of India is the constitutional head of the Indian
State whereas the PM and his Cabinet are the real executive. The real executive
remains in office, as long as it enjoys the confidence of the legislature. The PMO
provides secretarial assistance to the Prime Minister. It is headed by the Principal
Secretary. The role of PMO has evolved and varied under different Prime
Ministers.

REFERENCES AND FURTHER READINGS

1) Arora Ramesh K. and Rajni Goyal, 2003, Indian Public Administration,
(2nd revised edition) Wishwa Prakashan, New Delhi
2) Basu Durga Das, 2009, Introduction to the Constitution of India (20th
Edition), Lexis Nexis Butterworths, Wadhwa
3) Granville, Austin, 2001, The Indian Constitution: Cornerstone of a Nation,
Oxford University Press, New Delhi
4) Indian Administration, 2013, Dr. B. R. Ambedkar Open University,
Hyderabad
5) Indian Administration, BPAE-102, 2005, School of Social Sciences, IGNOU,
New Delhi
6) M. Laxmikanth, 2013, Public Administration, McGraw Hill Education
(India) Pvt. Ltd, New Delhi
7) Richards, G. Peter,1970, Parliament and Consicence, Allen and Urwin, Great
Britain

74
 Executive
UNIT 5(C) JUDICIARY

INTRODUCTION
Within the framework of parliamentary democracy and federalism, judiciary plays
an important role in the governance of the country. Judiciary, the institution for
delivering justice to the people and goverment, occupies a significant position
among the three organs of the state1. Justice is considered, as a logical requirement
of any society for it is a part of human nature to expect justice and being
intolerant to injustice. Justice enjoins upon everybody to preserve the basic order
of society.

Judiciary is an indispensible part of governance. An efficient and independent

judiciary is an assurance of well being of a society. The Indian Constitution
provides the judiciary with the power of judicial review of legislative and
administrative actions, on one hand; and entrusts it with the task of enforcement
of the Fundamental Rights guaranteed under the Constitution to the citizens of
India, on the other. The framers of the Indian Constitution conceived of a single
and unified system of judiciary with Supreme Court at its apex, keeping it free
from the control of the executive and legislature.

This Unit discusses the judicial system in India. To begin with, are the role and
functions, as performed by judiciary in the country.

JUDICIARY IN INDIA
The Government of India Act, 1935 had created a court system for upholding the
federal principle. It was called the Federal Court of India. This court continued
to be the highest court in India till the Supreme Court of India was established
under the present Constitution in 1950.

The Constitution of India contains a number of provisions that deal with the
structure, functions, and powers of the judiciary. It introduced a unified judicial
system in the entire country. It introduces a three tier judicial system namely,
Supreme Court of India, designated, as the highest court of the land; High Court,
the highest Courts in States and Union Territories; and a subordinate judiciary in
every State and Union Territory. However, the Constitution contains specific
provisions relating to the Supreme Court and High Courts of India and leaves
the subordinate judiciary to the jurisdiction of the States.

Each collegium is composed of five people with the Chief Justice of the relevant
court and four senior most judges of that court.

The judges in lower courts below the Hingh Court are appointed by the respective
HC collegium.

Besides, the Constitution has made the following provisions to enable an

independent, unbiased, and an able judiciary.
75
Parliamentary Democracy in 1) Supreme Court or High Court collegium selects and recommends to the
India
Chief Justice of India the name of judges to be appointed or transferred.
2) Appointment of judges by collegiums.
3) Provision of security of tenure. Once appointed, they can stay in office till
they attain the age of 65 and 62 (Supreme Court and High court respectively).
4) The Supreme Court judges have been prohibited from practicing law before
any court of law after retirement.
5) Payment of first-class salaries and other allowances and privileges.
6) The actions and decisions of the judges in their official capacity are immune
from any judgment in any court of law.
7) The Supreme Court has been authorized to have its own establishment and
a complete control over it.
The judiciary generally performs the following functions in constitutional
democracies.
1) Interpreting the Constitution with due deference to the wishes of the framers
of the Constitution.
2) Upholding the federal principle of maintaining the balance between the
various organs of government and also the centre and the states.
3) Guarding and protecting the fundamental rights of the citizens.
4) Ensuring the constitutional validity of legislative, quasi-legislative,
executive, or quasi-judicial actions of the state.
5) Interpreting the laws made by the government.

SUPREME COURT
As per the Constitution of India, the Supreme Court is the apex court. It is the
final arbiter, as to upholding the federal principle, the validity of a law or executive
action, and enforcement of fundamental rights of citizens. The Supreme Court,
as the apex court of the nation exercises three kinds of jurisdiction that include
original, appellate, and advisory. Under the constitutional scheme the decision
of the Supreme, Court is final and binding on all the other courts in India including
the High Courts and the subordinate ones.

The Supreme Court of India is endowed not only with legal authority, but in
addition, it is bestowed with a vast reservoir of judicial powers to enforce the
fundamental rights of the citizens when violated and also adjudication between
governments.

Role and Functions

Judiciary is the guardian of the Constitution and ensures that everything is

1
The other two organs are the Legislature and Executive.
76
functioning, as per the constitutional provisions. Under Article 131 the Supreme Judiciary
Court has been vested with jurisdiction to uphold the federal principle of the
Constitution. The Supreme Court is the highest appellate Court and it exercises
its appellate jurisdiction in all civil, criminal, and constitutional matters. The
Supreme Court has been vested with advisory jurisdiction to advise the President
on any question of fact or law that may be referred to it. The Supreme Court has
rule making power under Articles 142 and 145. It has the power to punish any
person for its contempt under Article 129.
We will now discuss the role and functions of the Supreme Court.
Original Jurisdiction (Article 131)

This refers to the cases that directly originate in the Supreme Court. It has
original jurisdiction in cases of a dispute between (a) the Government of
India and one or more states; or (b) the Government of India and any state
or states on one side and one or more states on the other; or (c) two or more
states.

Appellate Jurisdiction (Article 132 to 136)

This refers to the power of reviewing and revising the orders of lower courts
and tribunals. This jurisdiction extends to both the civil and the criminal
appeals from the High Courts under certification from these courts or in its
absence, permitted by the Supreme Court itself. Normally, these appeals are
in cases involving substantial questions of law or interpretation of the
Constitution or death penalty awarded by a High Court.

Advisory Jurisdiction (Article 143)

Under Article 143, the Supreme Court has been vested with the power of
advisory jurisdiction. The President can consult the Supreme Court on matters
of public importance, wherein the latter gives its opinion to the President.
The Supreme Court may also decline to give its opinion to the President.
The advice is not binding on the President.

Appeal by Special Leave (Article 136)

This power has been conferred upon the Supreme Court under Article 136.
It may, in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any case or matter passed or
made by any court or tribunal in the territory of India.

Writ Jurisdiction

The Supreme Court is the guardian of the individual liberties and fundamental
rights. It can declare a law passed by the legislature, as null and void, if it
encroaches upon the fundamental rights guaranteed to the people by the
Constitution. For the enforcement of fundamental rights, it can issue writs
in the nature of Habeas Corpus2, Mandamus3, Certiorari4, Prohibition5 and
Quo-Warranto6.

77
Parliamentary Democracy in Judicial Review
India
Judicial review of Supreme court implies the power to review and determine
the validity of a law or an order. It refers to the power of a court to inquire
whether a law, executive order, or other official action conflicts with the
written Constitution, and if the court concludes that it does, to declare it
unconstitutional and void.

There are specific articles in the Constitution, which guarantee judicial review
of legislation. These are Articles 13, 32,131-136, 143, 145, 226, 246,251,254,
and 372. Apart from these Articles, the power of judicial review is derived from
the position of Supreme Court, as the guardian of Constitution.

Activity
In recent times, one can see interventions of the Supreme Court in areas of
executive action. You can examine some of such cases in the current context.

JUDICIAL ACTIVISM
An eminent Indian jurist defines judicial activism in the following words:
“Judicial activism is the use of judicial power to articulate and enforce counter-
ideologies, which when effective initiates significant re-codifications of power
relations within the institutions of governance. Justification for judicial activism
comes from the near collapse of responsible government and the pressures on
the judiciary to step in to respond and to make political or policy judgements.
‘Judicial Activism’ and ‘Judicial Restraint’ are the terms used to describe the
assertiveness of judicial power.

When the political organs of the state fail to discharge their constitutional
obligations effectively or they remain indifferent to the values of social and
economic justice, therein the judiciary may assume the role of a policy maker,
legislator, and even the role of a monitor to oversee the implementation of its
directions to achieve social and economic goals. In recent decades, the apex
court has transcended from being an interpreter of law to that of a law maker.

Reasons for Judicial Activism

2
Habeas Corpus is recourse in law through, which a person can report an unlawful detention or
imprisonment to a court and request that the court order the custodian of the person, usually a
prison official, to bring the prisoner to court, to determine whether the detention is lawful.
3
Mandamus is a judicial remedy in the form of an order from a court to any government,
subordinate court, corporation, or public authority, to do some specific act, which that body is
obliged under law to do, and which is in the nature of public duty, and in certain cases one of
a statutory duty.
4
Certiorari is a court process to seek judicial review of a decision of a lower court or administrative
agency. It is issued by a superior court to direct that the record of the lower court be sent to
superior court for review.
5
Prohibition is a writ directing a subordinate to stop doing something the law prohibits. This
writ is often issued by a superior court to a lower court directing it not to proceed with a case,
which does not fall under its jurisdiction.
6
Quo-Warranto is a prerogative writ requiring the person to whom it is directed to show what
78 authority they have for exercising some right, power, or franchise they claim to hold.
1) Failure to have a responsible government Judiciary

When the political organs of the state fail to discharge their constitutional
obligations effectively or they remain indifferent to the values of social and
economic justice, therein the judiciary may assume the role of a policy maker,
legislator, and even the role of a monitor to oversee the implementation of
its directions to achieve social and economic goals.

2) Fundamental rights to be restored to the citizens

If the government or any of its agencies look down on the fundamental
rights of the citizens, the citizens can approches the High Court/ Supreme
Court to step in to protect their fundamental rights.

3) Judicial enthusiasm to participate in social reform and change

The courts take corrective actions against social discrimination by taking
up cases sumoto.

4) The Constitutional scheme for judicial intervention

The Indian Constitution has Article 13, wherein the judiciary is implicitly
empowered to review the validity of any law on the touchstone of
fundamental rights and to declare the same void, if it contravenes with any
of these rights. Under Article 32, any person whose fundamental rights are
violated by the state can approach the Supreme Court for their enforcement.
Further the right to approach the Supreme Court under Article 32 has in
itself been made a fundamental right namely ‘right to constitutional
remedies.’

PUBLIC INTEREST LITIGATION (PIL)

Many of the citizens are still ignorant of their rights, hence they get exploited by
the elite and classes. Herein the Supreme Court of India interened and the result
of this led to the emergence of the Public Interest Litigation (PIL) in India. PIL is
primarily concerned with the remedies sought under Article 32/ 7Article 2268 of
the Constitution of India. There are many reasons that helped in the emergence
of PIL in India. These include the right of socially and economically disadvantaged
citizens, the taxpayers and their rights, public interest violations, the rights of
prisoners, workers, pensioners, consumers, victims of environmental pollution,
and others that displayed the courts’ willingness to innovate and the guarantee
the right to free legal aid.

Public Interest Litigation9 (PIL) is an institutional innovation of the Supreme

Court of India. The Supreme Court has played a vital role in the institutionalization

7
Article 32 gives the right to individuals to move to the Supreme Court to seek justice when
they feel that their right has been unduly deprived. Unless, there is some Constitutional
Amendment, the rights guaranteed by this Article cannot be suspended.
8
Article 226 empowers High courts to issue directions, orders, or writs for enforcement of
fundamental rights or for any other purpose.

79
Parliamentary Democracy in of this new ‘tool’ by liberalizing the rigid rule of locus standi. This concept was
India
was introduced by a very concerned and willing judiciary in India in the early
1980’s to help the socially and economically disadvantaged sections of the society,
who could not approach a court for justice owing to their poverty, illiteracy, and
ignorance.

The court has ushered in a new type of representative litigation in the form of
PIL with the help of public spirited citizens, institutions, and judges. The court
has greatly deviated from the established principle and practice in the adversarial
system of justice that only an aggrieved party could approach a court of law and
secure relief. It has liberalized the principle of ‘locus standi’ in recognizing not
only the standing of the aggrieved persons but also of the public spirited
individuals and institutions in enforcing the rights of the unrepresented sections
of society. The PIL has essentially constituted a cooperative and collaborative
effort on the part of the petitioner, the state or public authority, and the court.
Herein the court has to secure the observance by the state authorities of the
Constitutional privileges that have been conferred upon these sections thereby
enabling these sections to get social justice.

Ever since it got institutionalized one can witness a resurgence of judicial activism
principally though the device of PIL. The flexibility of jurisdiction, the easy
access it provides to the litigant, and the range of issues that it permits to be dealt
with, have made the Supreme Court a prominent judicial institution effectively
keeping a check on the executive branch.

PIL has played an important role in ensuring that the administrators are
accountable to the people, there is a rule of law in all spheres of public life, and
there is an important need to have and maintain an independent judiciary. In fact,
the scope of PIL has become expansive. Today we have PIL being made by
people at large for maintaining the rule of law and in ensuring the proper exercise
of administrative discretion by the ministers and bureaucrats. Another noteworthy
contribution of PIL has been to ensure that the victims of violation of fundamental
rights have been paid adequate monetary compensation.

It is clear that judiciary in India has acted with an unprecedented dynamism in

expanding the scope of Article 21 of the Constitution. The Supreme Court has
played an active role and delivered significant judgments on the scams, which
took place during UPA-II regime such as coal mines allocation, 2G Spectrum,
Common Wealth Games Scams.

From the above discussion, it becomes clear that judiciary has directed the
government to act and compelled the authorities to perform their responsibilities.
By judicial activism, the courts are maintaining and preserving the character of
the Constitution, as guardian of citizens’ rights. The judiciary, however, has been

9
In the 1980s, few individual judges of the Supreme Court like V.R. Krishna Iyer, P.N. Bhagwati,
and O. Chinnappa Reddy took some bold and innovative initiatives that ultimately culminated
into the Public Interest Litigation (PIL). The PIL is known also as ‘Social Action Litigation ’
(SAL), and Representative Litigation (RL), aims to provide justice to the poor, illiterate, and
other socially and economically disadvantaged sections of the country.
80
criticized for overacting and overstepping in the name of PIL and judicial activism. Judiciary
Herein there is a need to act in a correct manner and work towards restoration of
the law and Constitution.

Activity
You can describe a judgment that is/was based on a PIL.

CONCLUSION
Judiciary is an indispensible part of governance. Judiciary, the institution for
giving justice to the society, occupies a position of eminence. The framers of the
Indian Constitution conceived of a judicial system, which was free from the
control of the executive as well as legislature. The Constitution of India introduced
a unified judicial system in all State and Union Territories. It has introduced a
three tier judicial system namely. the Supreme Court of India, the highest court
of the land; the High Courts, the highest Courts in States and Union Territories;
and a subordinate judiciary in every State and Union Territory.

In the present day of globalization, the concept of judicial activism has an

important role to play, particularly in matters relating to violation of human rights,
women and child labour laws, custodial violation, environmental pollution, etc.
PIL has played an important role in ensuring that there is accountability on the
part of administrators and adherence to the rule of law in all spheres of public
life.

REFERENCES AND FURTHER READINGS

1) Bakshi, P.M., 2004, The Constitution of India, Universal Law Publishing
Co. Ltd., Delhi
2) Bhagwati, P.N., 1985, Judicial Activism and Public Interest Litigation, Jagrut
Bharat Press, New Delhi
3) Bhatia, K.L., 1997, Judicial Activism and Social Change, Deep & Deep,
New Delhi
4) Iyer, V. R. Krishna, 1994, Justice at Cross Roads, Deep & Deep, New Delhi
5) Kashyap, Subhash C., 1988, Parliament of India Myths and Realities,
National Publishers, New Delhi.
6) Reddy G. B., 2001, Judicial Activism in India, Gogia Law Agency,
Hyderabad

81