give detailed notes of this

Here are detailed notes based on the attached file “UNIT-3-COI.pdf,” which covers the
organs of governance in India, their composition, powers, functions, and significant case
studies[1].

### Organs of Governance

India’s governance is based on the **separation of powers** among three organs:

- **Legislature:** Frames laws. Comprises Parliament at the Union and Assemblies at the
state level.

- **Executive:** Implements laws and manages administration (includes President, Prime

Minister, Governors, Council of Ministers).

- **Judiciary:** Interprets laws and safeguards constitutional rights (Supreme Court, High
Courts, Subordinate Courts).

Unlike the strict separation in some countries, India’s model permits some overlap for
effective **checks and balances**. Notable instances include the tilt towards the executive
during the 1975 Emergency, and judicial assertion in the Kesavananda Bharati case (1973),
which reaffirmed constitutional supremacy[1].

### Parliament

The **Parliament** is India’s supreme law-making institution, composed of:

- **President:** Constitutional head, part of Parliament. Summons sessions, assents to

bills.

- **Rajya Sabha:** The Upper House/ Council of States. Represents federalism; is a

permanent body (245 members: 233 elected, 12 nominated).
- **Lok Sabha:** The Lower House/ House of the People. Reflects direct democracy; 543
elected members (two Anglo-Indian members nominated till 2019).

The Parliament not only legislates but also upholds **debate, discussion, and executive
accountability**. Eg: The 1991 liberalization budget was debated and passed in Parliament,
shaping India’s economic path[1].

### Composition of Parliament

- **President:** Summons/dissolves Parliament, assents to bills, ensures constitutional

function.

- **Rajya Sabha:** Federal chamber, represents states, not subject to dissolution, reviews
and delays legislation.

- **Lok Sabha:** People’s chamber, directly elected, controls government through money
and confidence matters.

Examples include the Lok Sabha’s use of no-confidence motions (e.g., Vajpayee’s
government in 1999) and the Rajya Sabha’s role in slowing hasty constitutional
amendments during the 1970s[1].

### Powers and Functions of Parliament

- **Legislative Powers:** Makes laws for Union and Concurrent Lists; can legislate on State
List during emergencies. E.g., GST Act, 2017.

- **Executive Control:** Ensures government accountability via questions, debates,

motions, and no-confidence votes (1979 fall of Morarji Desai government).

- **Financial Powers:** Approves the Union Budget; the government cannot spend without
its sanction (e.g., 1991 Budget reforms).

- **Judicial Powers:** Can impeach the President, remove judges, decide privileges (e.g.,
Justice V. Ramaswami case).
- **Amendment Powers:** Can amend the Constitution (Article 368), subject to the Basic
Structure Doctrine (Kesavananda Bharati v. State of Kerala, 1973)[1].

### Executive

The **Executive** implements laws and policies.

- **Union Executive:** President (head of state), Vice-President, Prime Minister, Council of

Ministers.

- **State Executive:** Governor (appointed by the President), Chief Minister, Council of

Ministers.

While the President and governors are constitutional heads, real power lies with the
council of ministers led by the PM or CMs. Examples include the SR Bommai v. Union of
India (1994) case concerning president’s rule in states[1].

### The President

The **President** is the ceremonial head of state and commander-in-chief, elected by an

electoral college of MPs and MLAs. Major powers include:

- **Executive:** Appointing PM, Governors, judges, ambassadors.

- **Legislative:** Summoning/dissolving Parliament, assenting to bills.

- **Judicial:** Pardoning, commuting, or remitting punishments (Article 72).

- **Emergency:** Declaring National, State, and Financial Emergencies.

Case Studies: President’s role during the 1975 Emergency (limited real discretion), and
later Presidents using moral authority for constitutional caution[1].

### The Governor

The **Governor** is the constitutional head of a state, appointed by the President. Powers
and roles:

- Formally appoints the Chief Minister and other ministers.

- Summons/dissolves the state legislature.

- Can use discretion during hung assemblies.

- Can report for President’s Rule (Article 356).

Controversies: Political misuse, with the SR Bommai case mandating floor tests, not
arbitrary dismissal based on Governor’s reports[1].

### Council of Ministers

- **Cabinet/Council of Ministers** at both Union/State levels are the real executives, led by
the PM/CM.

- Responsible to the lower House (Lok Sabha or State Assembly).

- **Collective responsibility:** The entire ministry must resign if it loses the House’s
confidence (e.g., 1979, 1999 government falls).

- Coalition politics often influence council formation, especially in hung assemblies (e.g.,
Karnataka, 2018)[1].

### Judiciary

The **Judiciary** is independent and protects constitutional supremacy and fundamental

rights.

- **Structure:**

- Supreme Court (Apex court per Article 124)

- High Courts (state level)

- Subordinate & District Courts

- **Powers:**

- Judicial review over laws/executive actions.

- Enforcement of fundamental rights (Article 32).

- Advisory jurisdiction (Article 143).

- Guardian of federalism.

Significant cases:

- **Kesavananda Bharati (1973):** Basic Structure Doctrine (limits on constitutional

amendments).

- **Maneka Gandhi v. Union of India (1978):** Expanded personal liberty rights.

- **Vishaka v. State of Rajasthan (1997):** Workplace harassment guidelines.

- **Navtej Singh Johar v. Union of India (2018):** Decriminalization of homosexuality.

### Conclusion

The Indian Constitution achieves a **delicate balance** among Legislature, Executive, and
Judiciary. Each organ checks the other, ensuring democracy, accountability, and protection
of rights. Despite challenges and periodic overreach or misuse, landmark cases and
constitutional mechanisms uphold the living machinery of governance and the ideals
stated in the Preamble[1].

Citations:

[1] UNIT-3-COI.pdf https://ppl-ai-file-upload.s3.amazonaws.com/web/direct-

files/attachments/86664529/4a46ddb7-5c52-41cd-a665-5f0884a5828f/UNIT-3-COI.pdf