w w w . i c s e . g u r u
2014-15
X ICSE REVISION NOTES
CIVICS
By Team Nurture
Chapter-1 The Union Legislature
confirmed debtor or otherwise disqualified by law.
• He or she should have his/her name in the electoral rolls in a part of the country. Disqualification of Membership
The Parliament
The constitution of India lays down that there shall be parliament for the union. The parliament consists of the elected representative of the people consists of the elected representatives of the people who makes laws for the people on their behalf.
The Lok Sabha Composition
• The lower house of the parliament is called the Lok Sabha. It consists representatives of the people. The constitution originally fixed the maximum strength of the lok sabha at 500 members.
• The present strength of Lok Sabha is 545 members.
Parliamentary Constituencies
• Territorial areas set up for the purpose of election in each state or union territory known as parliament constituencies. At present there are 545 constituencies against 543 seats to be contested for the Lok Sabha.
Reservation of Seats
• The reservation is to be made on the basis of the population ratio of the scheduled castes & scheduled tribes for 49 seats. The election of the Lok Sabha is direct, that is, the people themselves elect the candidate of their choice.
• Election is held through secret ballot, that is, every voter casts his/her vote secretly for a candidate of his/her choice without fear.
Qualification for Membership
• He or she should be a citizen of India.
• He or she should not be less than 25 years of age.
The Speaker
• The speaker is the presiding officer of the Lok Sabha. He is selected
• He is selected by the house from among its member b simple majority.
• The constitution provides that when the house is dissolved, the speaker shall not vacant his office.
• He or she should holds an office of profit under the government of India or government of any state but not a minister for the union or for a state.
• He or she is of unsound mind & stands so declared by a competent court.
• He or she is an undercharged insolvent.
• He or she has ceased to be a citizen of India or has voluntarily acquired citizenship of a foreign state or is under acknowledged allegiance or adherence to a foreign power.
• He or she is disqualified by a under any law made the parliament. Vacation of Seat
• A member of the Lok sabha may vacate his seat simple by writing a letter to the speaker indicating the fact that he or she is vacating his seat.
• He or she may be removed on grounds of defection s per norms laid down under the tenth schedule.
• He or she may also be removed if he or she is absent from the house for more than 60 days.
Tenure
• The term of the Lok Sabha is five years.
Sessions
• A session refers to the period during which the house meets to conduct Business. The sessions of the Lok Sabha are summoned by the president of India.
Quorum.
• Quorum is the minimum number of members that is 1/10 of the total strength of the house required to conduct business of the house.
Languages of parliament
• The members of the parliament may use Hindi or English debates or discussions in the house.
Miscellaneous Powers
(A) The speaker presides over the joint session of both houses of parliament whenever such session is convened.
(B) He or she decides whether a particular bill is a money bill or not. (C) He or she has a casting vote in case of a deadlock.
• The normal tem for the speaker is 5 years.
Removal of the speaker
• The speaker may resign from his office by submitting a letter of resignation addressed to the deputy speaker.
Power & function of the speaker Regulatory Powers
(A) The speaker presides over the meetings of the Lok Sabha & maintains order & decorum in the house during parliamentary proceedings.
(B) He or she interrupts the rule of procedure & applies them while conducting proceedings of the house. His or her interpretation of proceedings remains final.
(C) He or she makes an agenda for the house & allocates time to various items on the agenda.
(D)The speaker admits or disallows questions, adjournment motions tabled by members of the house, resolution & points of order.
(E) He or she recognizes members on the floor of the house & allots them time to speak. (F) He or she can order a member to field the floor to another member of the house.
Supervisory Powers
(a) A number of parliamentary committees work under the speaker’s chairmanship.
(b) He or she appoints the chairman of various committees of the house & issues instructions for their guidance.
(c) He or she may expel a member from the house for the day or the whole session if he or she finds that the latter is spoiling the decorum of the house.
(d) He or she may adjourn the house in case of grave disorder.
(e) He or she may direct the government to supply some particular information to the house or its committees.
(f) The speaker accepts the resignation of a member of the house or refuses to accept a resignation on the ground that the member was compelled to do so against his will.
Privileges of members of parliament
1. Freedom of Speech 2. Freedom from arrest 3. Freedom from jury-service 4. Freedom of movement
(D)He or she makes nomination for parliamentary delegations.
(E) He or she is the chief spokesman of the house & he works as a channel of communication between the president & the House.
The Rajya Sabha
• The rajya sabha or the council of states is the upper house of the union parliament. It represents the regional interests of the 28 states & seven union territories.
Composition
• The maximum strength goes Rajya Sabha is 250 members. 238 members are elected by the states & union territories & 12 members are nominated by the president of India among from persons having special knowledge or practical experience in matters such as arts, science, literature, or social science.
Qualification for Membership
(A) He or she must be 30 years of age.
(B)He or she should not be a proclaimed offender.
(C) He or she should not have his name on the electoral its.
(D)He or she should not hold any office of profit under the government.
Tenure
• The rajya sabha is permanent house. 1/3 of the members retire every 2 years.
Sessions
• The sessions of the Rajya Sabha are summoned by the resident of India. There must be at least 2 session of the Rajya Sabha in a year.
Quorum
• 1/10 of the total membership of the Rajya Sabha constitutes the Quorum for holding a meeting of the house.
5. Freedom to regulate their affairs. 6. Facilities & allowance.
Parliamentary procedures
• Certain formalities which the legislator observes in the parliament as well as in the state legislatures are known as parliamentary procedures.
Oath
• The elected member in the general elections or by election or midterm elections have to take an oath & affirm solemnly before taking part in the proceedings of the house, according to the form set for the purpose in the third schedule of the constitution.
Quorum
• Quorum is the minimum number of members required to be present in the house before it can transact its business.
Casting Vote
• Decision in the house is taken unanimously or by a majority vote. But if the votes for & against a proposition are equal, that is to say, if there is a tie, the speaker of the respective house has the power to cast his vote in order to decide the issue. Such a vote is known as the casting vote.
Question Hour
• The first hour of every working day of the house is normally reserved for questions to be asked by the members.
Resolution
• A resolution is a motion through which the house expresses its majority opinion on a matter of public interest. A member must give a 15 day notice before bringing up such a motion.
Motion
• When a matter of urgent public interest is sought to be discussed in the house, it is
called a motion.
with a month from the date of their proclamation.
• The first session of the new parliament & the first session of every fiscal year are addressed by the president.
Substantive Motion
• It is resolution expressing opinion of the house on a particular manner.
Motion for Impeachment
• When the president, the vice president, the speaker or a judge acts in violation of the constitution, the parliament moves a resolution to impeach such a dignitary.
Adjournment Motion
• The adjournment motion is meant to compel the government to take proper action in order to solve the problem.
No-Confidence Motion
• A no-confidence motion is a negative vote which can be passed against one minister or the entire ministry.
Parliamentary Committees
1. Business advisory Committee 2. Select Committee
Powers of the parliament
(A) Being the law making body at the national level, the parliament has exclusive legislative jurisdiction over the 97 subjects in the union list.
(B)Both the parliament & the state legislatures have the right to make law on 47 subjects in the concurrent list.
(C) The parliament can also enact laws on 66 subjects on the state list.
(D)The parliament can make laws on residuary subjects, that is, those subjects who are not there in the union list, the state list & even in the concurrent list.
(E) The parliament can amend the constitution, though in certain cases these amendments must be ratified by a majority of the states.
(F) All ordinances issued by the president must be approved by the parliament within six month weeks after his session has begun, failing which such ordinances lapse.
Financial Powers
The parliament controls the union finances. Nothing can be spent or controlled by way of taxes without the approval of the parliament.
Annual Budget
• The parliament passes the union budget which is the statement containing estimates of income & expenditure for the financial year which begins from 1 April & ends on 31 march of the following year.
Consolidated fund of India
• Certain items of expenditure such as salaries of the president, judges of the Supreme Court & other top officials are not put to vote in the parliament.
• Our constitution lays down that such expenditure shall be met from a central fund called the consolidated fund of India.
Salaries of the members of the parliament
• The parliament decides the salaries & allowances of its members & other dignitaries such as Ministers.
Control over the executive Control over the government
• The constitution provides that the union council of minister is collectively responsible to the Lok Sabha.
Right of Interpellation
• When the parliament is in session, one four a day is reserved for asking questions from the government. This hour is known as the question hour. The right of asking questions is called the Right of Interpellation.
Adjournment Motions
• The parliaments can exercise its control over the government through adjournment motions which are tabled on serious matters such as a fotal railway accident.
Ordinary Bills
• Such motions include motion of censure against a minister or minister’s rejection of a government Bill & passing of a private member’s bill against the wishes of the government.
Monetary Controls
• The parliament can exercise a monetary control over the government by voting cut in the budget or a cut in the salaries of the Ministers against opposition from the members of parliament of the political party in power.
Judicial Powers
(A) The parliament can impeach the president for any violation of the constitution
(B)The parliament can remove the judges of the Supreme Court, the high court, the election commissioner & the controller & auditor general of India if they are found guilty of violating a clause of the constitution.
(C) The parliament can condemn a person, irrespective of his status, if he is found guilty of defamation & contempt of either house of parliament.
Electoral Functions
(A) It, along with the state legislative assemblies, elects the president of India. (B) Both the houses of the parliament elect the vice-president of India.
(C) The lok Sabha elects its speaker & deputy speaker from among its members. (D)The rajya sabha elects its deputy chairman.
(E) The parliament also makes laws to regulate the conduct of elections in the country.
Miscellaneous Powers
(A) The parliament can amend some provisions of the constitution by a simple majority, some by a two thirds majority of its members present & voting together with an absolute majority in both the houses.
(B)The parliament can change the names of states in the country & may alter their territorial boundaries & divide or subdivide a state into two or more states.
Relationship between the two houses of the parliament Difference in the legislative field
Legislative Procedure in the parliament Passing of ordinary bills
Introduction
• In case of ordinary bills, the raja sabha has almost equal powers to that of the lok sabha. An ordinary bill ma originate in either house of parliament, it becomes an act after having been assented to by the president.
Money bills
• As far as money bill are concerned, the Rajya sabha ha practically no powers. All money bills relating to taxation or expenditure must be imitated in the Lok Sabha.
• When such a bill is passed b the lok sabha, it is referred to the raja sabha for its approval.
Control over the executive
• Both the houses have the right to ask questions & to introduce various kinds of motions against the government.
• Election of the president & the vice-president of India
• Both the house enjoys equal right in these elections.
Impeachment
• Both the house has equal rights in matters of impeachment of the president of India or chief justice, judges of supreme courts or high court.
• Subjects on the state list
• It is the privilege of the raja sabha to decide that a particular subject in the state list has assumed national importance or not & that it should be included in the union list of subjects.
All India service
• The raja sabha can decide by a two-thirds majority to set up a new all-India service.
Emergency provisions
• When a state of national emergency is proclaimed due to external aggression or internal disturbance & the lok sabha is dissolved, the rajya sabha looks after all the responsibilities of the union legislative.
Passing of Money Bill, budget
• A money bill is a proposal for taxation or expenditure of public funds. Annual budget of the country or that of a state how’s the estimated receipts through taxes & estimated
• The first stage of legislation is the introduction of a bill. A member of parliament other than a minister has to give one-month notice to the speaker regarding his intention to move a bill.
• When the bill is submitted to the speaker with its aims & objectives, a date & time is fixed on the agenda of the house for its introduction.
Committee stage
After granting leave to introduce the bill, the house may do one of the following: (A) It may immediately take up the bill for consideration.
(B) It may refer it to a select committee of the house. (C) It may refer to a joint committee of the two houses. (D)It may circulate the bill for electing public opinion.
Third (Final) Reading
• The third reading of the bill is a formality. At this stage no substantial changes in the bill are made. The members are allowed to speak for or against the bill in the whole.
The bill in the second house
• Once the bill has passed in one house, it is referred to the second house for consideration. Where it goes through all the stages of procedure as in the first house. When it was fully passed by both of the houses, it is considered to have been passed b the parliament.
The president’s Assent
(A) A president may give his assent. Thus the bill becomes an act & his placed on the statue book.
(B) He or she may rejects the bill & send it back to the parliament for reconsideration. If the bill is passed again b both the houses with or without amendments it will be sent to the president for the second time.
(C) The president may propose some addition, deletion or changes in the bill & send it back to the parliament which is not bound to accept the suggestion made by the president.
Question in the parliament
• Starred questions
• Unstarred questions
• Supplementary Questions
expenditure through grants for the ensuing financial year. The following bills are to be noted in respect of the procedure for passing the money bills:
Prior presidential bill
• A money bill can be introduced in the parliament only with the approval of the president of India.
Introduction of the Bill
• A money bill is introduced in the lok sabha by the finance minister. The introduction of the bill is also known as the first reading of the bill.
The second reading
• The bill is discussed clause by clause & amendments are proposed & put to vote just as it is done in case of ordinary bills.
The third reading
• The bill is then passed or rejected as a whole by a majority vote of the house.
In the Rajya Sabha
• The Rajya Sabha must return the money bill with or without is recommendations within 14 days from the date of its receipt.
The president Assent
• The president s obliged to give his assent to the money bill as it has his prior approval.
Special features of the budget
• Estimate Expenditure
• Voting of demands
• The appropriation Bill
• Short-notice question
Chapter-2 The Union Executive
• Value of the vote of each member of a Vidhan Sabha is determined by dividing the population of concerned state b the total number of the elected members of its legislative assembly & b dividing the quotient so obtained by 1000. Thus,
• Value of the vote of MLA= Population of the state /no. of elected members of its legislative assembly /1000
The President of India
• The Union Executive of the Government of India consists of the president, the vice president, the prime minister & his council of Ministers.
• The president of the India is head of the Indian Union & he occupies the highest office in the country.
Qualification for election
1. He or She should be a citizen of India.
2. He or she should have completed 35 years of age at the time of elections.
3. He or she should not hold any office of profit under the union government, state government & local body.
4. He should be qualified pr election as a member of the Lok-Sabha.
5. His or her name should be proposed b at least ten electors & seconded by another ten electors of the Electoral College which elects the president of India.
6. He or she should deposit a sum of money as security which will be forfeited if he or she fails to secure one-sixth of the votes.
President’s Election: the Electorate College
• The president of India is elected indirectly by an electorate college which consists of: (a) Elected members of the Vidhan Sabha of all the Federating states.
(b) Elected member of the Lok Sabha & Rajya sabha.
• In the constitution maintains party between the parliament on the one hand & all the state assemblies on the other?
• In order to ensure uniformity among states on the one hand, as well as party between the states & the union on the other, two specific methods for counting the value of votes have been provided in constitution.
• The president can be removed from office for violation of the constitution by a special trial conducted by the government. Such removal of the president from office is called impeachment.
Powers of the President
Votes of an Elected Member of Parliament
• Each elected member of either house of the parliament has a number of votes as may be obtained by dividing the total number of votes assigned to the members of the legislative Assemblies of all states b the total number of the elected members of both house of the parliament. The remaining fraction equal to one half or exceeding it shall be counted as one while Smaller than one-Half fraction is disregarded.
• Election through system of proportional Representation-Indirect Election
• The election of the president is held in accordance with the system of proportional representation b means of the single transferable vote system. The transferable vote system is as follows:
• Every elector can indicate as many preferences as there are candidates. The elector can indicate his choice b way of preference on the ballot paper by writing i, ii, iii, against the names of the presidential candidates.
• If a candidate gets an absolute majority of votes, he is elected & there is no need to count the second preference votes.
Disputes in the Election
• All doubts & disputes arising in connection with the election of the president can be enquired into & decided only by the Supreme Court of India whose decision Stats final.
Term of Office
• The president of India is elected for 5 years. At the Expiry of his term, he continues to hold office until his successor take over the office.
Vacancy of the office of president
(A) On the expiry of his term of five years. (B) On his resignation or death.
(C) On his election as president being set aside. (D)On his removal by impeachment.
Financial Powers
(A) No money bill can be introduced in the parliament without his prior consent.
Executive Powers President appoints
(A) The prime minister & the council of minister on his advice.
(B) Governor of states, the Lt Governors & chief commissioners of the union territories is conducted through office appointed by him.
(C) The chief justices & the judges of the Supreme Court & all the high courts. (D)The chairman & members of the union public service commission.
(E) The controller & auditor-general of India. (F) The attorney-general of India.
(G)The chairman & members of the planning commission. (H)The chairman & members of the economic commission.
Legislative Powers
(A) The president summons & prorogues the session of the parliament & ma dissolve the lok Sabha even before the expiry of its term of the Prime Minister.
(B) After each general election, at the commencement of the first session of the lok sabha, the president address both houses of the parliament assembled together & outline the policies both national & international of the government.
(C) In case of a deadlock between the two houses of parliament on a money bill, the president may call a joint session of the Parliament may call a joint session of the parliament & make rules for the transaction of business.
(D)The president nominates 12 members to the Rajya sabha from among persons with special knowledge of or practical experience in literature, science, arts, & social science. He can nominate two members of the Anglo-India community to the lok sabha if he feels that this community has not been adequately represented in this house.
(E) No money bill can be introduced in the lok sabha without the prior approval of the president.
(F) The bills passed by the parliament become acts only after the president has given his assent to them. The president ma with hold his assent if he so desires.
(G)The president can issue ordinances when the parliament is not in session. The ordinances have the force of law, but all such ordinances must be placed before the parliament as soon as its meets again.
Emergency Powers
(B) The annual budget containing estimates of income & expenditure of the union government for the ensuring year is placed before the parliament by the finance Minister on behalf of the president.
(C) The president constitutes a finance commission even five years. The finance commission consists of a chairman & four other members to be appointed b the president.
(D)The contingency fund of India is at the president’s disposal. He can make advance payments out of it to meet any unforeseen expenditure & recover the same after due authorization by the parliament.
Judicial Powers
(A) The president has the power to grant pardon, to remit or suspend a sentence or publishment on an appeal for mercy.
(B) He is not answerable to any court of law for the exercise of his powers. (C) No criminal suit can be imitated against him during his tenure of office.
Military powers
(a) Under the constitution, the president is the supreme commander of the defense forces. (b) He appoints the chiefs of the three wings of the defense forces subject to certain rules. (c) He can declare war or make peace with a foreign power on the advice of the Council of
Ministers.
Diplomatic Powers
(A) The president of India represents his country in international affairs. He appoints Indian ambassadors to foreign countries & receives ambassadors & other diplomatic representatives of foreign nations.
(B) He enters into treaties & agreements with other nations subject to ratification by the parliament.
Discretionary powers to the president
(A) When no political party wins the required majority in the Lok sabha Elections. (B) When the government loses the support of the majority in Lok Sabha.
(C) When the president turns non-money bills to the government for reconsideration or keeps it with him without giving assent to it.
• The president can alter the financial arrangements between the states & the center by issuing an order to this affect.
• The parliament has the power to enact laws even on subjects in the state list.
(A) Emergency arising out of a threat to the security of India or of any part of it because of war, external aggression or armed rebellion.
(B)Emergency arising out of failure of constitutional machinery in a particular state because of political uncertainties or otherwise.
(C) Emergency arising out of the danger to financial stability & economy of the country.
Emergency Due to threat to the security of India It’s Proclamation
• If the president is satisfied that a grave emergency exists whereby the security of India or any part of it is threatened, he or she may declare a general Emergency.
Decision of the cabinet
• The president cannot declare such an emergence unless the decision of the union cabinet is communicated to him in writing. It implies that the president cannot act on the mere advice of the prime minister.
The parliament approval
• The proclamation of Emergency must be laid before both houses of the parliament. It ceases to be in operation if not approved b resolutions of both houses of the parliament within one month from the date of issue of the proclamation.
Duration of the Proclamation
• The proclamation of Emergency, approved b the parliament, remains in force for six months from the date of its approval by the parliament.
Effects of the proclamation
• The president becomes the sole administrator of the country. The federal structure of the country is converted into a unitary structure as a result of which the president controls the administration of all the states of India.
• The president may issue an order to suspend the right of people to move any court for the enforcements of the rights conferred by part II of the constitution.
• The financial emergency continues till it is revoked by the president of India.
Effects of the proclamation
(A) During the financial emergence, the president may appoint a finance commission to suggest ways & means to get the country out of the financial crisis.
Emergency due to Breakdown of constitutional Machinery Its proclamation
• If the president, on receipt of such a report from the governor of a state, or otherwise, is satisfied regarding the breakdown of constitutional machinery, he or she may declare an emergency in the state thus affected & impose presidential rule in that state.
Approval by the parliament
• The proclamation of president’s rule in a state has to be approved b the parliament with a simple majority in each house within two months from the date of its issue.
Duration of the proclamation
• The proclamation of emergency in a state duly approved by the parliament remains in operation for six months from its date of issue.
Effects of the proclamation
(A) The state administration is placed directly under the president & the union Government. (B) The president, through the governor of the state, may dissolve the Vidhan Sabha of the state & dismiss the council of ministers, or he or she may keep the assembly & the council of ministers is suspended animation.
(C) The president cannot assume to himself any of the powers vested in a high court. He cannot suspend the operation of any provision of the Indian constitution relating to the high courts.
Financial Emergency
Approval by the parliament
• The proclamation of financial emergency has to be laid before each house of the parliament within two months from the date of its declaration.
• The vice president is elected b an Electoral college consisting of members of both houses of the parliament, according to the system of proportional representation, by means of the single transferable vote. The system of secrets ballot is used during voting.
Term of office
(B) The salaries & allowances of the public servants under the union as well as the states can be reduced.
(C) The salaries of even the judges of the Supreme Court & high courts can be reduced. (D)The president can instruct the states with regard to the utilization of funds in the
manner he thinks fit.
(E) The president may order the state money bills to be submitted to him or her for assent.
Position of the president in the constitution
• According to founding fathers of the constitution, the president is to function as a constitutional head of the executive though the real executive powers are to be vested n the cabinet.
• All proclamation of emergency must be approved by the parliament. If the parliament does not approve them, they become null & void.
• The parliament power to impeach the president for violation of the constitution is a further check on the possible arbiter use of power by the president.
• On the other hand, the position of the president is not superfluous in our constitution.
• The president of India is in a position to influence & to give direction to the shopping of national policies of the country.
• The president does enjoy marginal discretion in certain matters such as the appointment of the prime minister when there is no clear majority for any party in Lok Sabha, dissolution of the lok sabha & removal of the council of minister from office.
The Vice President
Qualification for contesting
(A) He or she must be a citizen of India.
(B) He or she must have completed the age of 35 years.
(C) He or she must be qualified for election as a member of the Rajya Sabha.
(D)He or she must not hold any office of profit under the union or any state government.
• The vice president holds the office for five years. He is eligible for re-election a number of times.
Removal of Vice-president
• The vice president may be removed from office before the expiry of his term by a resolution of the rajya sabha passed by a majority of votes & agreed to by the Lok-sabha.
Powers of Vice-president
• The vice president is the ex-officio chairman of the rajya sabha & exercises such functions in the house as the speaker performs in the lok sabha.
• His offices as the president when the latter is unable to discharge his duties due to illness or absence from the country.
Chapter-3
The Prime Minister and the Council of Minister The Council Of Ministers
The constitution provides for a parliamentary system of democracy in our country. In this System, the president is the titular head of the executive whereas the real executive powers are vested in the council of Minister.
Relationship with the president
The relationship has been emphasized by various constitutional amendments:
A) According to the 42nd amendment to the constitution, the president shall act in accordance with the advice rendered by the council of minster as expressed by the council of minister as expressed through the prime Minister.
B) On the other hand, the 44th amendment to the constitution lies down that the president can ask the council of minister to reconsider its own decision.
Appointment
The constitution lies down that the executive powers vested in the president shall be exercised by him through the Minister appointed by him.
Formation
Article 75 of the constitution stipulates that the prime minister shall be appointed by the president & the other ministers shall also be appointed b the president on the advice of the prime minister.”This is a formal proposition.
After the election of the Lok Sabha, the president invites the leader of the part that has the majority in the Lok Sabha to form the Government & designates him as the prime minister. When no single party secures an absolute majority may have some discretional option in the appointment of the prime minister.
The president has the power to dissolve the Lok Sabha & order fresh elections, if he is satisfied that there is none in the house to muster a majority.
Tenure
• By a Direct vote of no-confidence in the council of minister as a whole or in one of the Ministers.
• B rejecting a government bill or b passing a bill sponsored by the opposition but opposed b the government.
• By voting a cut in the annual table before the parliament budgets.
• By reducing the salaries of the Ministers in the face of their Opposition.
• By passing an adjournment motion to discuss an immediate issue of national concern.
Categories of Ministers
Cabinet Minister: They hold important portfolios & decide major policies of the government. Minister of State: they may or may not be given the independent charge of minister. They are
not the member of cabinet & do not participate in the cabinet meeting unless specially invited.
Deputy Minister: they are junior most ministers who assist the cabinet ministers & the council
of ministers. Their main task is to assist the ministers with which they are respectively associated.
The Cabinet
The cabinet is an informal body of senior Ministers who form the nucleus of administration the cabinet consists of about fifteen ministers holding important portfolio, such as home, defense & finance.
Functions of the Cabinet Legislative Functions
(A) A Large number of bills are prepared introduced & piloted by the members of the cabinet.
(B) The cabinet decides dates for holding sessions & for proroguing the parliament.
(C) When the parliament is not in session, the cabinet recommends to the president, if necessary, to promulgate ordinances.
(D)The cabinet is instrumental in preparing & moving as & when required amendments to the constitution.
(E) It removes outdated laws from the statute books & makes necessary modifications in the existing laws.
• It formulates national policies & coordinates the activities of all the ministers & department.
• It is the cabinet which frames the executive policy of the union government.
Financial functions
The budget, containing estimates of income & expenditure for the ensuing ear, is prepared by the finance minister as directed by the cabinet.
The cabinet determines what taxes are to be imposed & how the funds are to be spent.
Diplomatic Functions
The cabinet determines the foreign policy of the country & determines what type of relations India should have the various countries in the world.
The cabinet also formulates & approves international treaties & bilateral agreements.
Appointments
All major appointments, through made by the president upon by the cabinet. Such appointments include appointments of judge of the Supreme Court, high court, governor of states, chief election commissioner & other dignitaries.
Proclamation of Emergency
The president cannot declare the proclamation of General Emergency under article 352 of the constitution without receiving in writing the decision of the cabinet to this effect.
Co-coordinating Functions
(A) To improve all proposals for legislation embodying the policies of the government. (B) To make all major appointments.
(C) To settle interdepartmental disputes.
(D)To execute the government policies & to co-ordinate various activities of the Government.
Co-ordination between the Cabinet & the parliament
Our parliamentary system of government is based on the principal of close cooperation between the executive & the legislative wings of the government.
The cabinet formulates laws which are passed with the support of the majority of the ruling part in the parliament.
Collective Responsibility of the Members of Cabinet
• The principal of collective responsibility means that the council of Ministers, as a single body, is responsible to the Lok Sabha for the general conduct of affairs of the government.
• Our constitution, by providing for collective responsibility of the minister to the lok Sabha has established the principal that all minister work as team.
• If a vote of no-confidence or a censure motion is passed against one-minister, the whole ministerial team has to resign all together.
• The parliament can exercise its control over the union ministers. Besides moving a vote of no-confidence, the members of parliament can ask question regarding administrative policies followed by the minister.
Individual responsibility of the members of the cabinet
• Members of the parliament can question the minister regarding matters concerning their departments.
• Ministers are obliged to answer such question & then ministers are responsible for action or negligence of their respective departments.
Leadership of the prime minister
• The prime minister selects the ministers & gives them their portfolios.
• He presides over the meetings of the cabinet & conducts its proceedings.
• He can ask a minister to resign.
• The leadership of the prime minister is an important feature of the parliamentary system of democracy in India, which is evident from the fact that with the resignation of the prime minister, the entire council of minister stands dissolved.
Principal of Secrecy
The principal of secrecy means that minister is obliged not to reveal an official secret pertaining to their minister or to the proceeding of the cabinet.
Position & Power of the Prime Minister In relation to the council of Ministers
The prime minister makes a list of ministers to be included in the council of Minister whom the president formally appoints.
The prime minister allocates portfolios among the minister among the working of various ministers.
In relation to the cabinet
As the leader of the cabinet, he makes the agene & directs the proceedings in the cabinet meetings.
In relation to the president
• It is the duty of the prime minister to communicate to the president all decisions of the council of minister relating to the administration & also the proposals for legislation.
• The president, in exercise of his functions, acts on the advice of the council of Minister which virtual means the advice of the Prime Minister.
• The prime minister assists the president in making all important appointments.
• It is on the advice of the prime minister that the president summons or prorogues both house of the parliament & dissolves the Lok Sabha.
• The Prime Minister, in consultation with the cabinet, advices the president to proclaim a state of emergency.
In relation to the parliament
• As the prime minister is the leader of the majority party in the lok Sabha, he is said to be the leader of the house.
• He makes policy statements on the floor of the house; he is the chief spokesman of the government in the parliament.
• He comes to the rescue of other ministers in the parliament if and when they are in difficulty while being attacked by the opposition benches in the house.
• If there is heated debate in the house, the matter generally comes to an end with the intervention of the prime minister.
• The sessions of the parliament are summoned & prorogued by the president on the advice of the prime minister.
In relation to other Matters
• He plays a vital role in controlling the finances of the country & extends useful advice in preparing the annual budget for the nation.
• He is the chairman of the planning commission which frames economic policies of the government & supervise their implementation.
• The prime minister represents India in relation to other nation of the world.
Distinction between the cabinet & the council of ministers
(A) The council of the ministers consists of all the three categories of Ministers-cabinet Ministers, Ministers of state & deputy Ministers. The cabinet consists of a small group of senior Ministers. All cabinet ministers are the members of the council of ministers, while all ministers are not members of the cabinet.
(B) The cabinet meet as a body, periodical, to shape national policies & transact government business. The council of minister does not meet as a body to transact a government business.
(C) The prime minister consults the cabinet while he may or may not consult the other ministers before taking an important decision.
(D)The cabinet consists of party leaders holding important portfolio called ministries. Other minister plays a secondary role in various ministries.
(E) The cabinet takes over the functions assigned by the constitution to the council of ministers.
Chaptetr-4 The Supreme Court The Supreme Court
• Our constitution provides for the establishment of an independent & integrated judiciary with the Supreme Court as the highest & final tribunal in the country.
Composition of the Supreme Court
• The Supreme Court consists of a chief justice & 25 other judges.
• The parliament by a law passed in 1986, raised the strength of the judges of 26 including the chief justice & 25 other justice.
Qualifications
1. He or she must be a citizen of India.
2. His o she should have worked as a judge of a high court continuously for at least five years.
Or
He or she would have been, for at least ten years, an advocate of a high court or of two or more such courts in succession.
Or
He or she should be, in the opinion of the president, a distinguished jurist.
Appointment of Judges
All judges of Supreme Court are appointed by the president in consultation with such judges of the Supreme Court & high court as he deems necessary for the purpose.
Salaries &Allowances
The chief justice of India & other judges of the Supreme Court are entitled to nominal monthly salary.
Independence of the judiciary from the control of the Executive Appointment of the judges
The president, who formally appoints the judges, is required to consult persons from the judiciary who are qualified to give proper advice on the appointment of judge.
Security of Service
A judge of the Supreme Court, once appointed cannot be removed from office normally until he or she completes the age of 65 years.
Emoluments not subjected to reduction
Salaries & allowances of the judges, once sanctioned, cannot be reduced.
Prohbition of Practice
The judge of the Supreme Court cannot start legal practice in a court in India after their retirement.
Control over the Establishment
The constitution provides that appointment of officers & servants of the Supreme Court are to be made b the chief justice of the Supreme Court.
Authority to punish for its concept
The constitution empowers the Supreme Court to punish any person for its contempt.
Powers & functions of the Supreme Court Judicial Functions
Judicial functions of the Supreme Court extend to original as well as appellate jurisdiction.
Original Jurisdiction
Original jurisdiction of the Supreme Court extends to those cases which are brought before it in the first instance. Types of such cases are given below :
a) Center-state disputes: disputes between the union government & one or more states. b) Inter-State Disputes: disputes between two or more states.
c) Disputes relating to fundamental Rights: the Supreme Court has the power to issue order or writes for the enforcements of the fundamental rights.
d) Cases relating to interpretation of the constitution: All cases, in which an interpretation of the consultation is involved, can be directly field in Supreme Court.
The Supreme Court is the final court of appeal. It has the power to grant special leave to appeal against the judgment delivered by a court in the country.
Civil Cases
An appeal in respect of civil cases can go to the Supreme Court only if the high court certifies that the case involves a substantial question of law general importance, and in the opinion of the high court the said question needs to be decided by the Supreme Court.
Criminal Cases
In criminal cases, an appeals lies to the supreme court in the following two ways:
• Without a certificate: (A) the high court reverses an order of acquittal issued by the
session’s court & sentences an accused to death.
(B) The high court withdraws a criminal case from a lower court, convicts the accused person & sentences him to death.
• With a Certificate: An appeal in other criminal cases can lie to the supreme court
against the decision of the high court, if the concerned high court certifies that it is fit case for an appeal to the Supreme Court.
Constitutional Cases
• An appeals lies to the supreme court against the decision of the high court if the latter certifies that the case involves an interpretation of the constitution.
Power to grant special leave to appeal
• This concession may be availed of by those who fail to obtain a certificate for appeal to the Supreme Court from the high court or the lower court.
Revisory function & power of the judicial Review
The Supreme Court under article 137 is empowered to review any judgment or order made by it with a view to removing any mistake or error that might have crept in the judgment or order. The philosophy of judicial review is rooted in Th principal that the constitution is the fundamental law of the land & the Supreme Court, exercising its power of review, shall declare the law unconstitutional & make it inoperative.
• The Supreme Court has the power to issue order or writs including writs in the nature of habeas corpus, Mandamus, prohibition, etc. for the enforcement of fundamental rights.
Advisory Function
• The president of India may seek advice of the Supreme Court on important Question of law & fact.
• When any question is referred to the Supreme Court, a bench Consisting of at least five judges deals with it.
Power to transfer class
• The Supreme Court is empowered to transfer to itself all cases pending before one or more high courts.
• It can do so if an application is made b the Attorney General of India or a part to such a case.
Ultimate Interpreter of the constitution
• Only the Supreme Court has the right to review & revise its earlier judgments.
Administrative Functions
• The Supreme Court has the administrative control not only of its own establishment. But also of all High Courts & Subordinate courts in India.
Court of Record
• The Supreme Court is a court of record. A court of record is one whose judgments are in the nature of judicial precedents are referred to in other Courts of the Country.
Chapter- 5 The state Judiciary The High courts
• The state judicial system consists of a high court & the lower courts subordinate to the high court.
• There are 21 high courts at present in the country.
Composition
• A high court consists of a chief justice & other judges whose number may be fixe from time to time b the parliament.
Qualification of a high court judge
A) He or she should be a citizen of India.
B) He or she should have worked as a judge in a court in India for not less than ten years. Or
He or she would have worked as an advocate in India for at least ten years.
Or
He or she should have been a reputed teacher in a law college. Or
He or she should be a renowned write in the field of law.
Appointment of judges
• The chief justice of a high court is appointed by the president of India in consultation with the chief justice of the Supreme Court & the governor of the state concerned.
• Other judges of the high court are appointed b the president in consultation with the chief justice of India, the governor of the state & the chief justice of the high court of the concerned state.
Condition of Service
• In order to ensure the independence of the judiciary at the state level, our constitution has made special provisions to safeguard the service conditions for the judges of the high court.
• The chief justice & other judges of the high court’s once appointed, hold office till they retire at the age of 65 years or they themselves resign from their offices.
Power & functions of the high court
A high court stands at the apex of the judicial system in a state & it performs judicial, administrative & advisory functions as well. Its powers & functions are listed below:
Original Jurisdiction
Original jurisdiction implies that certain type of cases can be brought to the high court in the first instance without having been heard in the subordinate courts. A high court has original jurisdiction in the following matters:
• In regard to the state revenue & its collection.
• In regard to admiralty, wills marriage laws, company laws, & contempt of court.
• In regard to the fundamental rights. It has original jurisdiction with the Supreme Court for the enforcement of the fundamental rights guaranteed b the constitution.
• The high courts Kolkata, Mumbai & Chennai have original jurisdiction in almost all civil & criminal cases within their territories.
Appellate jurisdiction
The criminal appellate jurisdiction of the High court extends to appeals against decisions of the following nature.
A) Where a session judge has given the sentence of imprisonment exceeding seven years. B) Where a session’s judge has passed death sentence against a convict, it will not be
carried out unless it is confirmed by the appropriate High courts.
C) Where an Assistant sessions judge, a Metropolitan Magistrate or a special judicial Magistrate awards imprisonment beyond a period of four years.
Revisory Jurisdiction
Revisory jurisdiction implies that a high court can withdrew cases from subordinate courts for its consideration.
Advisory functions
The high court can also advise government department, legislature or the governor, if they seek it, or constitutional as well as n other matters of law.
• If any law, executive order or any ordinance passed by the state legislature or another authority infringes the fundamental rights or contravenes a provision of the constitution, the high court can declare it “null & void”.
• The 42nd Amendment act, 1976, introduced provisions, where the power of the high court to judge the constitutionality of state law was withdrawn during the emergency.
Power of Superintendence
• This power of supervision extends to matters both Judicial & administrative.
• The high court has the power to correct any decision of a tribunal within its jurisdiction, through its power of supertendence.
Power to issue writs
• Every high court has a power to issue a person or authority within its territory, direction, orders or writs for the enforcement of the fundamental Rights or for other purposes.
• Such writes are also in cases where principal of natural justice are violated or where there is an error in judge ment.
Custodian of the constitution
The high court too has the responsibility of upholding the constitution.
Court of record
The two characteristics of court of record are:
a) It proceedings & decision have reference value, i.e. they are referred to in future cares b the subordinate courts.
Chapter-6
The Subordinate Courts
Administration of justice at the district level is entrusted to three types of courts: 1. Civil Courts
2. Criminal Courts 3. Revenue Courts
The Civil Courts
• The civil courts are those which deals with cases related to land, property, money, transactions, etc. the highest civil court in a district is presided over b the district judge who is armed with both judicial & administrative powers.
• Civil court are graded as follows :
District Judge’s Courts
• The Court of the District judge is the highest civil court of the district.
• The district judge, in his administrative capacity, supervises all the civil courts in the district.
• In this Judicial Capacity, he takes up case involving a sum of more than Rs. 5000.
Sub-Judge’s Court
• This court comes next to the district court.
• They deal with cases involving not more than Rs. 5000.
Munsif’s Courts
• These courts are lower than the courts of the sub-judges.
• A munsif deals with civil cases involving not more than Rs. 2000.
Small Courts
• The junior most judges head these courts.
• They deal with cases of nominal money value. Criminal Court
• The court is presided over by a judge, appointed b the High court of that particular state.
• It is the Highest Criminal Court in a district.
• The organization & procedure of Criminal courts are regulated by the code of criminal procedure, 1973 which came into force on April 1, 1974.
• The criminal courts deal with Criminal cases. These courts are organized in a hierarchical order as such :
Court of the Judicial Magistrates of First class
• These magistrates hear appeals against the decision of the second as well as third class magistrates.
• This court can impose a fine of Rs. 1000 & imprisonment up to two years or both.
Court of the judicial magistrates of second class
A second class magistrate can pass a sentence of imprisonment up to six months or a fine of Rs 200 or both.
Court of the judicial Magistrates of third class
• These magistrates can award simple imprisonment for not more than 1 month or a fine up to Rs. 50 or both.
Revenue Courts
The court deals with case relating to the maintenance of land records & the assessment & collection of land revenue. These courts are divided into four categories as given below in their descending order:
The Board of Revenue
• The highest revenue court in the district is board of revenue.
• It works directly under the high court.
Collector’s Court
• Collector helps the Revenue department in the process of assessment & collection besides discharging his original duties as the administrator of the district.
• A Tahsildar’s is responsible for the collection of revenue & property taxes as assessed by the deputy Tahsildar’s.
Appointment
• A judge of the district court is appointed by the Governor in consultation with the high Court.
Lok Adalats Meaning
• A Lok Adalat means people’s courts.
• Lok Adalats encourage the settlements of disputes through compromise or settlements between the parties.
Function of Lok Adalats
• Lok Adalat is presided over b judicial officers & other person who passes such qualification as may be prescribed by the state.
• The make an Endeavour to effect compromises or agreements between the parties.
• All decision of the lok Adalat are now deemed to be decrees of a civil court & shall be binding on the parties to the dispute.
Advantages of lok Adalat
• Lok Adalat work with a spirit for compromises & understanding. As a result, both the parties feel satisfied.
• Lok Adalat delivers fast & inexpensive justice. Any person can move took Adalat by an application on a plain paper or using the format available with legal service authorities & expect speedy justice.
• The lok Adalat reduce the workload of other courts enabling them to deal with more serious matters. This reduces delays in higher courts.
