UNIT -3

CENTRE STATE RELATIONS

LEGISLATIVE RELATIONS
Part XI Articles 245 to 255
Four important aspects;
1. Territorial extent of Central and State Legislation
 The parliament can make law for whole or any part of territory of India.
 State legislation can make law for whole or any part of the state
 Parliament alone can make extra territorial legislation ( laws for citizens
and their property outside india)
2. Distribution of legislative subjects
List I – Union list
List II – State list
List III – Concurrent list
3. Parliamentary legislation in state field
 Parliament can make laws to the subjects in state list during the following
situations;
 When Rajya Sabha passes a resolution
 During national emergency
 During state emergency
 When state makes request
 To implement international agreements
4. Centre’s control over state legislation
 Governor can reserve bills for consideration or President
 Certain bill in states must be introduced with prior recommendation of
President like for example bill imposing restrictions on freedom of trade
and commerce
 During financial emergency president can direct the state to reserve
money and financial bills for his consideration.
ADMINISTRATIVE RELATIONS
Part XI, Articles 256 to 263
1. Centre’s direction to state
 Centre can give direction to state with regard to the exercise of executive
powers in the following matters;
 Measures taken for protection of railways
 Regarding mother tongue education in primary stage
 Welfare schemes for ST’s in the state
2. Mutual delegation functions
 Two or more states can request centre to make laws
3. Co-operation between centre and states
 President can establish inter state council
 He can appoint authority to carry out inter state trade and commerce
4. All India Services
 Civil servants appointed by UPSC serve both Centre and State
5. Public Service Commission
 Though State public service commission chairman and members are
appointed by Governor they can be removed only by President
 Parliament can establish Joint Public service commission and its
chairman and members are appointed by President
6. Integrated Judicial System
 No dual system of justice
 Chief justice and judges of high court are appointed by President
 Parliament can establish common High Court for two or more states
7. Relation during emergencies
 During national emergency centre can give executive directions to state
on any matter
 During financial emergency president can give necessary direction on
finance including reduction of salaries of centre and state government
employees
8. Extra constitutional bodies
  These bodies promote cooperation and coordination between centre and
states. Ex; Planning Commission, national development council, national
integration council, zonal COUNCILS

UNIT- 4
Parliament is the Legislative organ of Union Government. Part V, Articles 79 to
122 deals with Parliament, its composition powers and functions. Parliament of
India consists of The President, The Lok Sabha and The Rajya Sabha. President
is not the member of either House of the Parliament, he doesn’t sit in any of its
meeting, yet he is an integral part as a Bill passed by Parliament cannot become
a Law without the assent of the President.
COMPOSITION:
RAJYA SABHA LOK SABHA
COMPOSITION 250 members 543 members
ELECTION States- Members elected States- Direct Election
by elected members of Union Territories-
State Legislative Election
Assemblies
Union Territories-
Indirectly elected by
members of Electoral
College

NOMINATED 12 members who have NIL

MEMBERS special knowledge in
arts, literature, sports,
science, social science
etc
DURATION Six years Five years
But it’s a Continuing
chamber or permanent
body,
1/3 retire every second
year

QUALIFICATION Citizen of India, Citizen of India,

Must not be less than 30 Must not be less than 25
years years
Must uphold Must uphold
 sovereignty and sovereignty and
integrity of India integrity of India

PRESIDING Chairman Speaker

OFFICERS Deputy Chairman Deputy Speaker
Panel of Vice Panel of Chairpersons
Chairpersons

RESIGNATION OF Must be given to Must be given to

MEMBERS Chairman of Rajya Speaker of Lok Sabha
Sabha

ABSENT A seat becomes vacant if A seat becomes vacant if

member is absent member is absent
without permission for a without permission for a
period of 60 days period of 60 days

OATH President President

QUORUM 25 members 55 members

POWERS AND FUNCTIONS OF UNION PARLIAMENT

1. LEGISLATIVE POWERS AND FUNCTIONS:
 Primary function of the Parliament is to make laws for governance of the
country
 It makes laws for Union list and residuary subjects
 Parliaments law prevails over the Law of State Legislature in case of
conflict between the two with regard to Concurrent List.
 It can also make laws to the subjects in State list under the following
abnormal circumstances;
 During the time of National Emergency
 When Rajya Sabha passes a resolution to do so
 When two or more states make a joint request
 When President’s Rule is in operation in a State
 When it is necessary to give effect to International treaties and
agreements.
2. EXECUTIVE POWERS AND FUNCTIONS:
 Parliament exercises control over the Executive through
Question hour, Zero hour, Half an hour discussion, Short duration
discussion, Calling attention motion, Adjournment motion, No confidence
motion, Censure motion and other discussions.
QUESTION HOUR:
It is the first hour of every Parliamentary sitting. In this hour the
members of the Parliament question and the Ministers answer orally or in
written form.
ZERO HOUR:
Zero Hour is the time gap between Question Hour and Agenda.
Informal device. Rise matter without notice.
HALF AN HOUR DISCUSSION:
Here matters of sufficient public importance are discussed and
Speaker can allot 3 days in a week for such discussion.
SHORT DURATION DISCUSSION:
It is a two hour discussion on matters of urgent public
importance. Speaker can allot two days in a week for this. However the
discussion should not exceed for more than two hours.
CALLING ATTENTION MOTION:
It is introduced in Parliament by a member to call the attention
of a Minister to the matter of urgent public importance.
ADJOURNMENT MOTION:
It is introduced in the Parliament to draw the attention of the
House to a definite matter of Urgent public importance and needs the support
of 50 members to be admitted. This discussion should not last less then two
hours and thirty minutes. As it involves an element of Censure against the
government Rajya Sabha is not permitted to make use of this device
CLOSURE MOTION:
Cut short debate even though the debate is not over and matter
is put to vote.
NO CONFIDENCE MOTION:
A ministry can be removed from office by the Lok Sabha by
passing No Confidence Motion. If that is passed then Council of Ministers
must resign. The ministry stays in office so long as it enjoys confidence of
 the majority of the members of Lok Sabha. If this is passed in Lok Sabha the
Council of Ministers must resign.
CENSURE MOTION:
It is moved for censuring the Council of Ministers for specific
policies and actions. If it is passed in Lok Sabha the Council of Ministers
need not resign from office. (moved against individual minister or group of
ministers for failure of act).
However, the Ministers are collectively responsible to the Parliament in general
and to Lok Sabha in particular. They are also individually responsible for the
efficient administration of Ministry.
3.JUDICIAL POWERS AND FUNCTIONS:
 It can impeach the President and VP
 It can recommend for the removal of Judges of Supreme Court, High
Courts, CEC, to the President.
4.FINANCIAL POWERS AND FUNCTIONS:
 No tax can be levied or collected without the approval of Parliament.
 The Parliament scrutinises the government spending and financial
performance with the help of its financial committee
 All the Budgetary process is carried on in Parliament.
5.CONSTITUENT POWERS AND FUNCTIONS:
The Parliament is vested with the power to amend the
Constitution (either by simple majority, or special majority or by special
majority but with the consent of half of the State Legislatures. Parliament can
amend any provision of the constitution) except the “Basic Features”.
6.ELECTORAL POWERS AND FUNCTIONS:
 The Parliament participates in the election of President (along with state
legislative assemblies)
 Lok Sabha elects Speaker and Deputy Speaker
 Rajya Sabha elects Deputy Chairman
 It makes laws regarding elections.
7. OTHER POWERS AND FUNCTIONS:
 It discusses issues of National and International significance
 Parliament approves three types of emergencies proclaimed by President
  It can regulate the organisation and jurisdiction of the Supreme Court and
High Courts and can establish a common High Court for two or more
states.

THE PRESIDENT OF INDIA

Nominal Head of India
First citizen of India
Article 52- “ There shall be President for Union of India.”
Article 53- “Executive Powers of Union shall be vested in President.”
PROCEDURE OF ELECTION:
Qualification:
 He must be a citizen of India
 Completed 35 years of age
 He should be qualified for election as a member of Lok Sabha
 He should not hold any office of profit in Centre or State Government or
even in Local or Other Authority
 He should not be the member of either the Parliament or State Legislature
METHOD OF ELECTION
 Elected indirectly
 Electoral College
 Elected members of both the Houses of Parliament
 Elected members of Legislative Assemblies of State
 Elected members of Legislative Assemblies of Delhi and Pondicherry
However Nominated members do not participate.
 Polling for Presidential election is held in Delhi and also in different state
capitals.
 Members of Legislative Assemblies vote in their respective Assemblies
 Members of Parliament vote either in Delhi or in respective states
 There is also provision for voting through Postal Ballot
  Doubts and disputes in connection with Presidents Election is decided by
Supreme Court- Final.
 President’s Oath compels him to,
“preserve, protect and defend the constitution and the law” and also to,
“devote himself to the service and well being of people of India.”
POWERS AND POSITION OF PRESIDENT WITH SPECIAL
REFERENCE TO EMERGENCY POWERS:
1. EXECUTIVE POWERS:
 All the Executive actions of the government are taken in his name.
 Appoints P.M and Other Ministers
 Attorney General of India
 Comptroller and Auditor General
 Chief Election Commissioner and Other Election Commissioners
 Chairman and Members of UPSC
 Governors of State
 He can seek any information relating to the administration of Union
 Appoints Commission to investigate into the condition of SC, ST and
OBC’s
 Appoints Inter-State Council to promote Centre State and Inter State Co-
operation
 President directly administers Union Territories through Administrators
appointed by him
 He can declare any area as Schedule Area and has power with respect to
administration of Schedule Area
2. LEGISLATIVE POWERS
 President can summon or prorogue parliament
 Dissolve Lok Sabha
 He can summon joint sitting of both the Houses
 Addresses the Parliament at the commencement of first session after each
General Election
  Sends message to Parliament regarding the bill pending or on any other
matter
 In Lok Sabha when office of Speaker and Deputy Speaker falls vacant he
can appoint any person to his place to preside over its proceedings and
same in case of Rajya Sabha when the offices of both Chairman (VP) and
Deputy Chairman falls vacant
 Nominates 12 members to Rajya Sabha
 He decides question of disqualification of members of Parliament in
consultation with Election Commission
 The permission of President is needed to introduce certain bills;
o Bill involving expenditure from Consolidated Fund Of India
o Bill for Alteration of Boundaries
o Bill for creation of New States
o Money Bills
 When Bill is sent to President after passing in both Houses he can;
o Give assent
o Withhold
o Return for reconsideration
3.JUDICIAL POWERS
 President appoints Chief Justice and Judges of Supreme Court and High
Courts
 He can seek advice from Supreme Court on any matter of Law
 He can grant pardon, reprieve, respite and remission of punishments.
4. FINANCIAL POWERS
 Money Bill can introduced only with prior recommendation of President
 He lays before the Parliament Union Financial Statement (Budget)
 He makes advances out of Contingency Fund Of India
 No Demand for grant can be made except on his recommendation.
5. DIPLOMATIC POWERS
 Though International Treaties and Agreements are subject to approval of
Parliament yet they are negotiated and concluded on behalf of President
  He represents India in International forums
 He sends and receives diplomats like Ambassadors, High Commissioners
and so on.
6. MILITARY POWERS
 He is the Commander in Chief of the Defence forces in India
 He appoints Chiefs of Army, Navy and Airforce
 He can declare war, or conclude peace, subject to the approval of
Parliament
7. VETO POWERS OF THE PRESIDENT
There are mainly four kinds of Veto powers. They are;
1. Absolute Veto
2. Suspensive Veto
3. Pocket Veto
4. Qualified Veto
1. ABSOLUTE VETO
Withholding assent to the Bill passed by Legislature. The Bill then ends and
does not become an Act.
2. SUSPENSIVE VETO
President exercises this Veto when Bill is sent for reconsideration. (However
he doesn’t possess this Veto in case of Money Bill.
President can either give or withhold the assent, but cannot send Money Bill
for reconsideration.)
3. POCKET VETO
This Veto is exercised where the Bill is kept pending for indefinite period
(where no positive or negative action is taken.
24th Amendment Act 1971 made it obligatory for President to give his assent
to Constitutional Amendment Bills.)
4. QUALIFIED VETO
US president exercises it. Send back the bill for reconsideration before 10
days. If it is passed with siple majority it gets dissolved if it passed by
highest majority president must sign. This Veto can be over ridden by
Highest Majority.
 Of the above four, the President of India is vested with three
Veto Powers namely;
Absolute, Suspensive and Pocket Veto. There is no qualified Veto and it is
possessed by American President.
8. EMERGENCY POWERS OF THE PRESIDENT
In addition to normal powers President has been given extraordinary power to
deal with three types of Emergencies.
Part XVIII, Articles 352 to 360.
1.NATIONAL EMERGENCY (Article 352)
It can be declared on three grounds;
 War
 External Aggression and
 Armed Rebellion (44th Amendment Act 1978, original term was ‘Internal
Disturbance’)
2.STATE EMERGENCY (Article 356)
The Centre takes over the Government of the State under
Article 356 in case of failure of Constitutional machinery in the state. This is
popularly known as “Presidents Rule”. It is also known as “Constitutional
Emergency”.
3. FINANCIAL EMERGENCY ARTICLE 360
President can proclaim Financial Emergency if he feels that there is
threat to financial stability in the country or any part of it.

THE PRIME MINISTER, POWERS, FUNCTIONS AND POSITION

Introduction:
PM is the real head of the country and the head of government.
Article 75 states that, PM shall be appointed by President. President usually
appoints the leader of majority party in Lok Sabha as the PM.
If there is no majority party, President appoints the leader of
Coalition party as PM and asks him to prove Vote Of Confidence.
Constitutionally PM may be the member of any of two Houses.
Powers and functions:
1. IN RELATION TO COUNCIL OF MINISTERS:
 He recommends who has to be appointed as ministers by the President.
The President can appoint only those persons as ministers who are
recommended by the PM
 He allocates and reshuffles various portfolios among the Ministers
 He can ask a minister to resign or advise the President to dismiss him in
case of difference of opinion
 PM presides over the meeting of Council of Ministers
 He guides, directs, controls and coordinates the activities of ministers
 (He can bring about collapse of the Council of Ministers by resigning
Since PM is the head of Council of Ministers when he resigns
or dies automatically it dissolves the Council of Ministers.)
2. IN RELATION TO PRESIDENT:
 PM is the main channel of communication between President and
Council of Ministers
 He advises the President with regard to appointment of important officials
like Attorney General of India, Auditor General, Chairman and members
of UPSC, Election Commissioners,etc.
3. IN RELATION TO PARLIAMENT:
 The PM is the leader of the Lower House
 He advises the President with regard to summoning and proroguing of the
sessions of the Parliament
 He can recommend the President to dissolve Lok Sabha
 PM announces the government policies on the floor of the House.
4. OTHER POWERS AND FUNCTIONS:
 PM is the Chairman of National Development Council, Inter State
Council, National Integration Council, (National Water Resource
Council.)
 He is the Manager in Chief at Political level during emergencies
 As the leader of nation, he meets various sections of people in different
states and receives memoranda from them regarding their problems.
THE SUPREME COURT OF INDIA- Organisation powers and
jurisdiction
India has Integrated Judicial System. We have Supreme Court at top
and High Courts below it. Under High Court there are hierarchy of subordinate
courts that is District and Lower Courts.
Supreme Court of India was established on Jan 28 th 1950 and it succeeded
Federal Court established under Government of India Act 1935.
Article 124- 147 and Part V.
At present there are 31 Judges including Chief Justice.
 Appointment- President
 Oath- President
 Resign- Writing to President
 Removed- Impeachment
POWERS AND JURISDICTION
1. ORIGINAL JURISDICTION:
Supreme Court decides the disputes between;
 Centre and one or more states
 Centre and any state or states on one side and one or more states on the
other
 Between two or more states
Original Jurisdiction means the power to hear the disputes in the first
instance and not by appeal.
2.ADVISORY JURISDICTION:
(This is also known as, “Consultative Jurisdiction”.) Article 143 of
the Constitution authorises the President to seek the opinion of Supreme Court
in matters of public importance. However it is left up to the President to follow
the opinion or not. This is known as advisory jurisdiction.
3.WRIT JURISDICTON
Supreme Court guarantees Fundamental Rights to citizens and so it is
empowered to issue writs for the enforcement of Fundamental Rights;
 I. Habeas Corpus: It means ‘to have the body of’. It is an order issued by
the Court to a person who has detained other person to produce the body
before it.
II. Mandamus: It literally means ‘we command’. It is a command issued by
the court to public official asking him to perform his duties which he has
failed to perform
III. Prohibition: it means ‘to forbid’. It is issued by a higher court to lower
court to prevent the latter from exceeding its jurisdiction
IV. Quo-Warranto- It means ‘by what authority’. It is issued by Court to
enquire into the legality of claim of a person to public office.
V. Certiorari- It means ‘to be certified or informed’. It is issued by higher
court to lower court to transfer a case pending.
4. APPELLATE JURISDICTION:
Supreme court is primarily a court of appeal. It hears appeals
against the judgement of lower courts in the following matters;
 Constitutional matters
 Civil matters
 Criminal matters
 Appeal by special leave (asking lower court to leave particular case).
5.POWER OF JUDICIAL REVIEW:
It is the power of Supreme Court to examine the constitutionality of
legislative enactments. On examination if they are found violative of
constitution they can be declared as unconstitutional, null or void.
6.A COURT OF RECORD:
All judgements and proceedings of the Court are recorded and they are
recognised as Legal references.
7.OTHER POWERS AND FUNCTIONS:
 It decides disputes regarding the election of president and vice president
 It has power to review its own judgement
 It can withdraw cases pending before high court and dispose them by
itself
 It can transfer a case pending before one high court to another
  Supreme court has control over functioning of all courts in the entire
territory of India
 It has power to take up Public Interest Litigation cases
 Along with interpreting the laws, in few cases SC ends up making the
laws which is known as Judicial Activism.

PUBLIC INTEREST LITIGATION (PIL)

 Litigation directly filed by a public spirited citizen or group of people or
social organisation.
 Filed in Supreme Court or High Courts.
 For the enforcement of rights of any person or group of persons who are
unable to approach Court all by themselves because of poverty, ignorance
or socially or economically disadvantaged position.
 PIL is also called as Social Action Litigation (SAL), Class Action
Litigation (CAL).
 Pioneers – Justice V.R Krishna Iyre and Justice P. N Bhagwati
“PIL is a legal action initiated in a court of law for the enforcement of public
interest or general interest”.
-Supreme Court Of India.
REASONS FOR INTRODUCTION:
 Lack of availability of common Public Law during 1980’s
 Expensive legal fees
 Lack of proper legal knowledge
 Emergency
FEATURES:
 Legal aid movement which aims to bring justice within the reach of poor
masses
 Promote public interest
 People who are poor or ignorant or socially or economically
disadvantaged position should not go unnoticed
SUBJECT MATTERS COVERED UNDER PIL:
  Bonded labour matters
 Matters of neglected children
 Non payment or less payment to labourers
 Matters of harassment
 Matters relating to environmental pollution
 Drugs and food adulteration
 Maintenance of heritage and culture
 Petitions from jail complaining of harassment
 Petitions against police refusing to register a case
 Death in police custody
 Petitions against atrocities on women like harassment of bride, bride
burning, kidnapping, trafficking, rape etc.
MATTERS NOT ENTERTAINED AS PIL:
 Service matters relating to pensions.
 Admissions for medical and other educational institutions
 Matters with hidden agenda
 Petitions for early hearing of cases pending in HC OR Subordinate courts
 Politically motivated matters.
CONTRIBUTION OF PIL:
 PIL brings Courts closer to disadvantaged sections of society.
 It brings social revolution through constitutional means.
 PIL resulted in the legal recognition of Rights as important as education,
health, pollution free environment etc.
 It not only deals with violation of Fundamental Rights but also issues
relating to the interest of Public.
DEMERITS:
 PIL increases the workload of superior courts
 Lack of judicial infrastructure
 Huge gap between promise and reality.
CASE STUDY:
Vishaka Case v/s State of Rajasthan
A social worker by name Bhanwari Devi tried to prevent child
marriage because of which she was raped by landlords and her family was
boycotted. She did not get justice from Rajasthan high court. As a result a
women’s rights group called Vishaka filed a PIL in Supreme Court which
brought the attention of Supreme Court to “check the evil of sexual harassment
of working woman at all workplace.”
So in 1997 Supreme Court passed a landmark judgement in Vishaka Case by
laying down the guidelines to be followed about sexual harassment and
recognised sexual harassment as, “a clear violation of fundamental
constitutional rights of equality, non- discrimination, life and liberty as well as
right to carryout any occupation or profession.”
The guidelines were;
1. All workplaces should have a complaints committee, special councillor.
2. A woman must be the head of complaints committee and no less than half
of its members should be woman.
3. The committee should include an NGO individual familiar with the issue
of sexual harassment.
4. Complaints procedure should be time bound
5. Confidentiality must be maintained.
6. The person who has filed the complaint should not experience
discrimination during the process
CONCLUSION:
PIL demands fairness, transparency, fights corruption in
administration and enhances overall accountability of government. Through PIL
legislative gaps in important areas are being filled up. On a theoretical level it
has helped Indian Judiciary to gain public confidence and establish legitimacy
in the society.