Unit 2 | unit 2 union executive and state executive

COILAE

Unit - 2

Union Executive and State executive

2.1 Powers of Indian Parliament Functions of Rajya Sabha, Functions of Lok Sabha, Powers and Functions of the President, Comparison of powers of Indian President with the United States, Powers and functions of the Prime Ministers

Introduction

The constitution of the country is sacred. Unless you follow due process in law, you must not interfere with it, and doing so can cause problems. Almost all constitutions are amended from time to time to match their execution time, and India is no exception. [i] In fact, the will of the people is the best. If you want to change your constitution, which has been passed down from generation to generation, pray for what can stop it.

The Indian Constitution is the longest written constitution in the world. It contains some unique and distinctive features when compared to other constitutions in the world. In its original form, it consists of 395 articles and eight schedules, which are continually added through subsequent revisions. It currently contains 395 articles, 12 schedules, and over 90 fixes. There have been various intervention factors leading to such a long constitution, one of which is certainly the borrowing clause that forms some sources of the world and some other constitutions by its framer.

As Dr. BR Ambedker, Chair of the Drafting Committee, stated, Framer was trying to accumulate and respond to the best features of other constitutions, taking into account the unique issues and needs of our country. It seems that the blood of lazy Indians has been wise for generations. The current Constitution, in the case of administrative details, is a reproduction of the 1935 Indian Governance Act.

"The legislature, executive branch and judiciary should work together for the success of democracy," said Syrian Joseph, the former Chief Justice of the Karnataka High Court. According to him, the Constitution takes precedence over anything else, and these organs do not have the power to violate the Constitution or cross the "Laxmana Leca" depicted by the Constitution. This division is also called "separation of powers".

Powers of Indian Parliament

All federal legislative powers are granted to Parliament. The laws set by the Parliament of India are enforced nationwide. The Parliament of India is a bicameral legislature. It consists of two houses-Rajya Sabha Lok Sabha and the President of India. Rajya Sabha is the Senate of Parliament and Lok Sabha is the House of Representatives.

The Parliament of India is a bicameral legislature. It consists of two houses-Rajya Sabha & Lok Sabha and the President of India. Parliament enacts the law with the help of both conference rooms. Laws passed by Parliament and approved by the President are in force nationwide.

Its power and function can be categorized into the following heads:

(1). Legislative power

(2). Administrative authority

(3). Financial power

(4). The power of components

(5). Judiciary

(6). Electoral college

(7). Other power

1) Legislative Rights-All the subjects of our Constitution are divided into states, unions, and simultaneous lists. In the simultaneous list, parliamentary law takes precedence over state parliamentary law. The Constitution also has the power to enact legislatures regarding the state legislature in the following situations:

(I). When Large Yasaba passes a resolution to that effect

(II). When a national emergency is being implemented

(III) When two or more states require Congress to do so

(IV). When necessary to implement international agreements, treaties, treaties

(V). When the president's rule is in place.

2) Administrative power-According to the parliamentary form, government agencies are responsible for the actions and policies of the parliament. Therefore, Congress exercises control by a variety of means, including committees, question time, and zero hours. The Minister is jointly responsible to Parliament.

3) Fiscal power-includes budgeting and scrutiny of government performance on fiscal spending through the Fiscal Commission (after budget management)

4) Constituent Power-Example-Amend the constitution and pass the necessary laws

5) Judiciary-what is included;

(I). Impeachment of the president for unconstitutional law

(II). Dismissal of judges in the Supreme Court and the High Court

(III). Vice President Dismissal

(IV). Penalize members for breach of privilege, such as sitting at home when a member is found to be an unqualified member or working as a member before swearing.

6). Electoral College-Participating in presidential and vice presidential elections. Lok Sabha members select speakers and sub-speakers from among them. Similarly, members of Rajya Sabha elect a vice-chairman.

7). Other powers-

(I). Discuss various issues of national and international importance

(II). Imposing an emergency

(III). Increase / decrease area, change name, change state boundaries

(IV) You can add authority to create or abolish state legislatures at any time

Article 245 of the Constitution declares that Parliament can enact laws on all or part of India's territory, and the Legislature can enact laws on all or part of the state. I will. The Seventh Schedule of the Constitution distributes legislative power between centers and states by putting the subject on a coalition list, a state list, and a simultaneous list. The Center may enact legislation on any subject of Union List or Concurrent List. Congress can revoke state law on subjects listed at the same time. In addition to these powers, the remaining powers are granted to Parliament.

The Constitution also empowers Congress to enact legislation on state subjects in the following situations:

(I) When Rajya Sabha passes a resolution endorsed by two-thirds of the members attending and voting

(II) When an emergency declaration is implemented

(III) When two or more states make a joint request to Parliament

(IV) When Parliament needs to implement an international treaty, agreement or treaty

(V) When the state is governed by the president

Execution authority and function

In India, government officials are part of parliament. Parliament manages the administration through procedural means such as question time, zero hours, motion to delay, motion to postpone, and 30-minute debate. Members of various political parties are elected / nominated by the Parliamentary Commission. Through these committees, Parliament controls the government. The Parliamentary Ministerial Guarantee Committee strives to ensure that the guarantees made by the ministries to Parliament are fulfilled.

Article 75 of the Constitution states that as long as the Council of Ministers enjoys the trust of Lok Sabha, he will remain in that position. The Minister is responsible to Lok Sabha individually and collectively. Lok Sabha can dismiss the Council of Ministers by passing a motion of no confidence in Lok Sabha.

Apart from that, Lok Sabha can also express a lack of trust in the government in the following ways:

(I) Do not thank the President for his inauguration speech.

(II) By rejecting the money bill

(III) By passing a condemnation motion or a postponement motion

(IV) By passing a cut motion

(V) By defeating the government on serious problems

The power of these parliaments helps increase government response and responsibility.

Financial strength and function

Parliament enjoys the highest authority on financial problems. Executives cannot spend money without Congressional approval. No tax can be levied without legal authority. The government submits the budget to Congress for approval. Passing the budget means that Congress has legalized the government's balance. The Public Accounting Committee and the Quotation Committee monitor government spending. These committees scrutinize accounts and reveal cases of irregular, unauthorized or improper use in public spending.

In this way, Parliament exercises budgetary and post-budget control over the government. If the government does not use the funds granted in the fiscal year, the remaining balance will be returned to the Indian Integrated Fund. This is known as the "rule of revocation". This will also lead to higher spending by the end of the fiscal year.

Judiciary and function

The jurisdiction and function of Parliament is described below.

(I) Have the power to impeach judges of the President, Vice President, Supreme Court and High Court.

(II) Members or outsiders may also be punished for infringement or insult.

Electoral authority and function

The parliamentary voting rights and functions are as follows:

(I) Elected members of parliament (and state legislature) participate in presidential elections

(II) All members of parliament participate in the Vice President's election.

(III) Lok Sabha elects a chair and vice-chair.

(IV) Rajya Sabha elects a vice-chairman.

(V) Members of various parliamentary committees are also elected.

The power and function of the components

Only Congress is empowered to initiate a proposal for constitutional amendment. The amended bill can be initiated in either parliament. However, the state legislature can pass a resolution requiring the legislative council to create or abolish the state legislative council. Based on the resolution, Parliament can take action to amend the Constitution for that purpose.

There are three types of constitutional amendments:

(I) Simple majority: These bills must be passed by a simple majority, that is, a majority of the members who attend and vote in each chamber.

(II) Special majority: These bills must be passed by a majority of the House of Representatives and two-thirds of the members who attend and vote in each House of Representatives.

(III) Consent with a special majority of half of the state legislatures: These bills are passed by a special majority of each house. In addition to this, at least half of the state legislature must agree to the bill.

Functions of Rajya Sabha

1. Legislative power:

In the field of normal legislation, Rajya Sabha enjoys the same power as Lok Sabha. . If there is a deadlock between the two parliaments over a regular bill and it is not resolved for six months, the president can convene a joint session of the two parliaments to resolve the deadlock.

This joint meeting will be chaired by Lok Sabha. If the bill is passed at the joint session, it will be sent to the President for his signature. However, if the deadlock is not resolved, the bill is considered abandoned.

2. Financial power:

In the financial arena, Large Rajya Sabha is a weak home. Money bills cannot be introduced in Large Yasaba. It can only be started with Lok Sabha. The money bill passed by Lok Sabha comes before Rajya Sabha for its consideration. However, if Rajasaba does not pass the bill within 14 days, the bill will be considered passed by Parliament, regardless of whether Rajya Sabha has passed it or not. If Rajya Sabha proposes some amendments and the bill is returned to Lok Sabha, it is up to Lok Sabha to accept or reject the proposed amendments.

3. Administrative authority:

"The Federal Council of Ministers has joint responsibility in front of Lok Sabha, not Rajya Sabha." Lok Sabha alone could cause a collapse of the Council of Ministers by passing a motion of no confidence.

Rajya Sabha cannot dismiss the ministry, but members of Rajya Sabha have some control over the minister by criticizing policies, asking questions and supplementary questions, and conducting postponement campaigns. .. Some of the ministers are also taken from Large Yasaba. Currently, the Prime Minister could also be from Rajya Sabha, if Lok Sabha's majority party could elect / hire him as its leader.

4. Modify authority:

Rajya Sabha and Lok Sabha can amend the Constitution together by passing a majority two-third amendment bill in each house.

5. Electoral college:

Large Yasaba also has an electoral college. Elected members of Rajya Sabha, elected members of Lok Sabha, and all state legislative assemblies come together to elect the President of India. Members of Rajya Sabha Lok Sabha will together elect the Vice President of India. Members of Rajya Sabha will also elect a vice-chairman from among them.

6. Judiciary:

(A) Rajya Sabha, who works with Lok Sabha, can impeach the President for unconstitutional charges.

(B) Rajya Sabha may also give you a special address to dismiss a judge in the Supreme Court or the High Court.

(D) Rajya Sabha may pass resolutions on the dismissal of some senior officials, including the Attorney General of India, the Attorney General of the Audit and the Chair of the Election Commission.

7. Other permissions:

Rajya Sabha and Lok Sabha will jointly perform the following functions:

(A) Approval of ordinances issued by the President,

(B) Ratification of the Urgent Declaration,

(D) Change membership qualifications for Lok Sabha and Rajya Sabha.

8. Two special powers of Large Yasaba. Large Yasaba enjoys two exclusive powers:

(I) Authority to declare the subject of the national list as the subject of national importance:

Rajya Sabha can pass a resolution by a majority of two-thirds of its members to declare the subject of the national list as a nationally important subject. Such a resolution empowers Congress to legislate such state subjects for one year. Such resolutions may be passed repeatedly by Large Yasaba.

(II) Authority to create or abolish All Indian Services:

Rajya Sabha has the right to create one or more new All India Services. It can be done by passing a resolution upheld by a two-thirds majority on the plea of national interest. In a similar way, Large Yasaba can dissolve all existing Indian services.

1. Legislative power:

In the field of normal legislation, Rajya Sabha enjoys the same power as Lok Sabha. A regular bill can be introduced into Large Yasaba and cannot become a law without passing it. If there is a deadlock between the two parliaments over a regular bill and it is not resolved for six months, the president can convene a joint session of the two parliaments to resolve the deadlock.

2. Financial power:

In the financial arena, Large Yasaba is a weak home. Money bills cannot be introduced in Large Yasaba. It can only be started with Lok Sabha. The money bill passed by Lok Sabha comes before Rajya Sabha for its consideration. However, if Rajasaba does not pass the bill within 14 days, the bill will be considered passed by Parliament, regardless of whether Rajasaba has passed it or not. If Rajya Sabha proposes some amendments and the bill is returned to Lok Sabha, it is up to Lok Sabha to accept or reject the proposed amendments.

3. Administrative authority:

"The Federal Council of Ministers has joint responsibility in front of Lok Sabha, not Rajasaba." Lok Sabha alone could cause a collapse of the Council of Ministers by passing a motion of no confidence.

4. Modify authority:

Rajya Sabha and Lok Sabha can amend the Constitution together by passing a majority two-thirds amendment bill in each house.

Functions of Lok Sabha

Lok Sabha Features:

The power and function of Lok Sabha can be broadly classified as follows.

1. Legislation:

Lok Sabha can pass legislation on all subjects contained in the Union List and Concurrent List. In an emergency, or by a resolution in which Raja Saba, with a majority of all members and two-thirds of the members attending and voting, declares the subject of a particular state of the country, pass a bill on the subject of the state. I can. However, such a bill is valid for only one year.

The non-money bill can be started in one of the two houses. If the two houses cannot reach an agreement, the president can convene a joint session of the two houses. If the bill is passed by a majority of all members of the relevant chamber at the joint session, it is considered to have been passed by both parliaments. Lok Sabha has almost twice as many members as Rajya Sabha, so the former will may prevail. Therefore, Lok Sabha's superiority over Rajasaba in ordinary or significant non-money bills is self-evident.

2. Finance:

Purse management by Lok Sabha is an indisputable fact. The money bill should start with Lok Sabha. After passing Lok Sabha, it will be sent to Rajya Sabha for recommendation. However, the Constitution requires Rajasaba to return it to Lok Sabha with its recommendations within 14 days of receipt of the bill.

If Lok Sabha accepts these recommendations, the bill will be considered passed by both parliaments. If the amendments made by Rajya Sabha are not accepted by Lok Sabha, the bill will be deemed to have been passed by both Houses in its original form. If the bill is passed by Lok Sabha and sent to Rajya Sabha but not returned within 14 days, it will be deemed passed by both parliaments after the expiration of the prescribed period. Obviously, Large Yasaba has the power to delay the money bill for only 14 days.

The House of Lords (the British Senate, on the other hand), on the other hand, can delay the money bill by a month. What's more, Lok Sabha has exclusive authority to approve spending. Grant requests will only be submitted to Lok Sabha.

3. Executive management:

In a parliamentary government, the most important function of the House of Representatives is "administrative management." The House of Representatives is no exception. According to Article 75 (3), the Council of Ministers is jointly responsible for Lok Sabha. This means that if Lok Sabha passes a motion of no confidence, the ministry must offer to resign. Like other Houses of Parliamentary Government, there are other effective methods adopted by our House to control the administration.

Ministers in charge of various departments can be cross-examined and criticized by members of the House of Representatives. Bills submitted by the government may be rejected by the House of Representatives. A motion to postpone may be driven to criticize the government or raise a short-term debate on a very important issue. A resolution may be passed to reduce budgets or transfer subsidies to specific ministries, reflecting the lack of trust in the ministry by a majority of the House of Representatives.

Opponents of Lok Sabha can raise the government by asking questions and supplementary questions. After the president's speech to parliament, opposition to government policy culminates. The president's speech embodies government policy the following year. Therefore, all its aspects have been overwhelmed by Lok Sabha's opponents.

4. Election function:

Article 54 of the Constitution entrusts the election function to parliament. Elected members of both parliaments form part of the electoral college for the presidential election. Article 66 provides for the election of the Vice President by members of both Houses at a joint session. Lok Sabha also elects speakers.

5. Discussion on the issue of public importance:

Congress has unlimited power to discuss and discuss questions. This is usually done during the inauguration and annual speech by the President of India. During discussions on spending estimates, expenditures and revenue bills, the work of various departments of the state is empowered to be reviewed and criticized. Through such criticisms and reviews, house members can remedy their dissatisfaction.

6. Other permissions:

(i) Lok Sabha, along with Rajya Sabha, has the authority to amend the Constitution.

(ii) Lok Sabha, along with Rajya Sabha, has the authority to seek the dismissal of judges in the Supreme Court and the High Court on the grounds that a speech supported by a majority of two-thirds proved cheating and incompetence. Members attend and vote, and make up the majority of the total membership of each house.

(iii) Lok Sabha participates in the accusations of the President of India. One of the two houses in Parliament constitutes the indictment, and the other house serves as the court of trial.

(iv) The resolution passed by Raja Saba on the dismissal of the Vice President is subject to ratification by Roku Saba.

(v) The Declaration of Emergency issued by the President requires Lok Sabha's approval along with Rajasaba for its continuation.

(vi) Lok Sabha works with Rajya Sabha to effectively maintain the high level of purity and ability of the public bureaucracy by jealousy and making it more responsible to the general public. You have to devise a system to manage.

(vii) The house acts as a public forum. "There are two potential virtues of public forums. First, it can benefit the audience who may learn by looking. Second, it finds a reason to put on the interests they represent. You can improve the participants you may have at best. ”The home is, in fact, a popular mirror of educators and emotions. Parliamentary influence is more than political. An orderly discussion habit, once established, helps to set the tone of general public life.

7. Punitive damages to parliamentarians by the House of Representatives:

(viii) Punitive action may be taken against outsiders and their members who have violated their privileges. On December 19, 1978, it expelled Mrs. Indira Gandhi from a key member of the House of Representatives for violating her privileges.

Cash for Query Fraud December 2005 Expulsion from Parliamentarians' Home:

(ix) In the case of 11 lawmakers involved in last year's "Cash for Query fraud," the expulsion of such MPs was explained to have been justified by the government to restore public confidence in the political system. Eleven MPs, including one from Rajya Sabha, were expelled from their homes in December 2005 after a sting operation on a private television channel. They were clearly exposed to demanding or accepting money to raise questions in the House of Representatives for the benefit of those involved. However, most of these parliamentarians, except one, opposed the expulsion of the High Court of Delhi in January 2006.

Those left behind approached the Supreme Court. In February 2006, the Apex Court transferred to itself all petitions pending in the High Court at the Attorney General's appeal. On September 13, 2006, the central government, through its lawyer, claimed that "courts cannot interfere with the functioning of parliament." The Supreme Court of the previous judgment was referred to.

The House of Representatives had exclusive jurisdiction over its internal procedures. Lok Sabha Chairman — Somnath Chatterjee also argued that the judiciary did not have jurisdiction over the expulsion of MPs. In a written submission, the federal government said, "Parliament has the inherent power to punish false members, which the Supreme Court admitted in the 1998 JMM bribery case."

The government cautioned the Supreme Court. "Expulsion guarantees the public that those who abuse their office are unacceptable and instils trust and trust in the representative legislature." Clearly, the government is ready to admit the defeat of Congress. I wasn't.

There is no clear provision in the Constitution as to whether parliamentarians can be expelled by parliament. In a ruling on September 26, 2006, the Supreme Court ruled that judicial review could not be applied to determine Parliamentary actions regarding its privileges. In the case of "Cash for Query", an exiled member of parliament approached the Supreme Court ………… Congress cannot be attributed to an error in jurisdiction…. Parliamentary actions cannot be suspected in court unless translated into law. It is now a well-established fact that parliament alone can expel members.

The Supreme Court argued that "expulsion constitutes a parliamentary self-production movement." "Parliamentary proceedings that may be contaminated due to substantive or serious illegality or unconstitutional illegality are not protected from judicial review," they said. Apparently, in a decision of January 10, 2007, the Apex court upheld the expulsion of M.Ps. It confirms that the speaker supports Congress's right to act against the wrong members.

Stop from the house:

(x) On December 20, 2005, the speaker asked the five MPs displayed on the television channel involved in corruption under the MPLADS (Members' Local Development Plan) to stay away from the House of Representatives until inquiries were made. It was. Lok Sabha was involved in the scandal with one from Congress, three from BJP, and one from SP. Chair Rajya Sabha also mentioned two such members in the exposure of fraud. This was called "Operation Chakraville".

After a thorough investigation of the case, all four members were suspended from the House of Representatives on March 22, 2006. One of the lawmakers involved had already been expelled from the House of Representatives in the "Cash for Queries" scandal.

(xi) In addition, Lok Sabha has the power to discuss with Rajya Sabha reports submitted by autonomous government agencies such as the United States, the Comptroller and Auditorium of India, the Finance Commission, the Language Commission, the Minority Commission, the Designated Caste and the Tribal Commission.

Powers and functions of the President

The powers and functions of the President of India may be studied under the following heads:

Executive power,

Military and diplomatic power

Legislative powers

Financial powers

Judicial powers, and

Emergency powers

Executive function

1) Union Head: The President is the head of the Union administration. As a result, all administrative powers are exercised in his name. The federal executive branch exercised by the president extends to matters in which Parliament has the power to enact laws and conclude treaties and agreements.

2) Appointment: The President appoints the Governor, judges of the Supreme Court and High Court, the Director of the Audit Office of India, and members of the Finance Commission, and many other senior officials such as elections, as Chief Executives. Committees, coalition public committees, etc.

3) Appointment of the Prime Minister and other Ministers: The President also appoints the Prime Minister and, on his advice, appoints other Ministers of the Council of Ministers. But again, like all other appointments, the president rarely uses his discretion. He is usually obliged to summon the leaders of political parties to secure the absolute majority of Lok Sabha to become prime minister and form a ministry. He does enjoy some discretion in the matter only under exceptional circumstances. If no party has a clear absolute majority, as a result, a ministerial meeting cannot be formed without a coalition of parties that the president can exercise. Careful discretion in appointing the prime minister. This situation has occurred in the past.

4) India has entered an era of coalition politics. And a single party may not be able to secure an absolute majority and the president may be required to exercise him.

5) Discretionary power for the foreseeable future in appointing the prime minister. You can ask to prove the majority of Lok Sabha. Unless for some reason it dissolves early, the Council of Ministers will usually serve for five years. The President must be pleased that the Council of Ministers enjoys the trust of the majority of Lok. Sabha. In doubt, Prime Minister Sri H.D. can ask the Council of Ministers to prove a majority in Lok Sabha. Deve Gauda was requested by the President after the official withdrawal of support from the ministry by the Parliamentary Party. The president can also, in accordance with Article 75 (2) of the Constitution, if the ministry determines that it does not enjoy the support of the Lok Sabha majority, it will dissolve the Federal Council of Ministers.

6) Commander-in-Chief: As Head of State, the President is the Commander-in-Chief of the Indian Armed Forces and has the right to declare war or conclude a treaty.

2. Military and diplomatic power:

i) The Constitution gives the High Command of the Wehrmacht to. President, but he is required to exercise his power in accordance with the law Parliament has exclusive legislative powers related to the Defense Forces. That means the president may have the power to take action on declaring war, proclaiming peace, or hiring the Wehrmacht. It is Parliament that regulates or controls the exercise of such powers.

ii) Diplomatic and diplomatic administrative powers are exercised by the federal government and all diplomatic operations are carried out in the name of the President. He is certified as a diplomatic mission and consular agent, he is certified as a diplomat's mission and consular representative, and he sends the diplomat's mission abroad. All treaties and international agreements are negotiated and concluded within the name of the President.

3. Legislative power and function

The President is part of Parliament: The Federal Parliament or Parliament consists of the President and two parliamentary homes. Therefore, the president is an integral part of Congress. He shall occasionally summon them separately or jointly. Houses of Parliament. The president can blame either the House of Representatives or Parliament and, if necessary, dissolve Lok Sabha, the House of Representatives. For example, the president settled the twelfth Lok Sabha in early 1999.A motion in favour of the Vajpai government was lost in Lok Sabha.

Parliamentary Summons and Speeches: The President may address Parliament or both. In such a speech, he may state the reason at the beginning of the first session after the general election of Roku Sabah and the joint session of the annual parliament. He summons it. Apart from his speech in parliament, the president may also send a message to either or both chambers, if desired [Article 86 (2)]. Normally, the president does not send such a message, but unless he has a serious disagreement.

Nomination: The President nominates a large number of members of both Houses. The main purpose of the nomination is to ensure proper representation in parliament of all sections. Many of the population are not always achieved through elections.

Bill Authority: The President has a specific function regarding the passage of the bill. The bill passed by both houses is action. If the bill is submitted before the President after being approved by both Houses, he can either agree or withhold the bill. But if Congress, which acts on the basis of the president's refusal to agree to the bill, passes the bill again, with or without amendments. If presented to the President for approval a second time, the President shall not withhold consent under Article 111. In other words, the president is obliged to give consent. In some cases, the president's prior sanctions may be required to initiate legislation. For example, a bill on the establishment of a new state or a change in the boundaries of an existing state is submitted to Congress with the prior approval of the President. The money bill is another example of the constitutional need to obtain such approval from the president.

Bills passed by the Legislature: Bills passed by the Legislature may be reserved for consideration by the Governor of the President. President will only enjoy this right if the bill passed by the legislature is introduced by the state government under Article 200.

4. Financial Powers

Art-112 has assigned some role to the president in the financial sector. He is required to submit to the Parliament the annual budget of the Government of India for all fiscal years and, if any, a supplementary budget for that year. The financial process is that no grant request should be made without the recommendation of the President.

5. Judiciary:

The President has the authority to grant amnesty, grace, and exemption from punishment, or to suspend or commute the remittance of a person convicted of a crime.

i) In all cases where the punishment and judgment are court martial.

ii. The President has the authority to grant amnesty, grace, and exemption from punishment, or to suspend or commute the remittance of a person convicted of a crime.

iii) In all cases where the sentence is a death sentence.

6. Emergency authority:

(i) Exercise vast emergency powers in addition to those listed above the President. Emergency authority can be divided into three heads: i) The President has a serious emergency in which India or part of its territory is threatened by either war or external attacks or armed rebellions. If you are satisfied with the effect, you can issue that declaration. The effects of such a declaration could be (a) a suspension of state autonomy and (b) a suspension of basic rights.

ii) If the President receives a report from the Governor, or is otherwise convinced that the President is unable to carry out the State Government in accordance with the provisions of the Constitution, the President may declare: The effects of such a declaration are that (a) the President may undertake all or part of the functions of the state government himself (b) the power of the state legislature can be exercised by or under the power of the legislature. there is a possibility.

iii) The President is empowered to declare that a situation has arisen that threatens the financial stability or credit of India or parts of it. During the period in which such a declaration is in place, the federal administration may even give instructions to any state to comply with the norms of economic prosperity as specified in the instructions. To do. Such instructions include (a) provisions requiring reductions in salaries and allowances for all or any class of persons settled in connection with the state's operations, and (b) state all monetary or other bills. President's review after passing parliament.

During the period of the proclamation, the President may remove the salary reduction instructions for all or any class of persons who serve in connection with the work of the Union, including the High Court and the Supreme Court.

The constitutional position of the president is similar to that of the British monarch. He is just the nominal head of his executives. The real head of the government is the prime minister. Therefore, we need to be aware of the constitutional restrictions on which the president exercises power.

I) He must exercise the executive branch of the coalition given to him in accordance with the Constitution. Therefore, Article 75 requires the appointment of other ministers on the advice of the Prime Minister. It is clear that the president has no choice in appointing other ministers. If the president appoints a person as a minister from outside the list submitted by the prime minister, it is unconstitutional.

II) Article 74 explicitly stipulates that the President shall act in accordance with the advice of his Council of Ministers in the performance of his duties.

The position after the 44th Amendment is that the President has no authority except in certain few cases where he acts at his discretion. He must act according to the advice given by the Council of Ministers, led by the Prime Minister.

Comparison of powers of Indian President with the United States

How to elect

The President of the United States is more or less directly elected, while the President of India is elected indirectly. The advantage of the directly elected head of government is the stability of the government. Unlike the Prime Minister of India, the U.S. President is not overwhelmed by "coalition coercion"

Head of State

The President of the United States is the Head of State and the Head of Government, but the President of India is just the Head of State. The President of the United States is a real government officer. An Indian president like the British monarch is just an honourable head.

Term

The President of the United States has been in office for four years and can only be asked for re-election once, while the President of India has been in office for five years and is eligible for re-election many times.

Responsibility to the legislature

The President of the United States is not part of the legislature and is not responsible for it. In India, the parliament includes the president and two homes, Lok Sabha and Rajya Sabha.

Removal process

Both the President of the United States and the President of India can only be dismissed by impeachment. In India, both homes can impeach the president and impeach the president with the consent of the other home. In the United States, the impeachment power lies only in the Senate (House of Councillors).

Emergency authority

The President of India uses enormous power during emergencies. He can declare both external and internal emergencies. The President of India can declare an emergency in the state, dissolve the state legislature, and dismiss the state's Council of Ministers. During a financial emergency, he has the power to reduce the salaries of all government officials, including the salaries of judges in the Supreme Court and the High Court. He has a formidable list of executive, financial and legislative powers that can be exercised on the advice of the Cabinet in an emergency.

Independence of the office

The President of India must act on the advice of the Council of Ministers (CoM) while performing his duties. The makes all decisions related to national affairs and implements them in the name of the President.

In the United States, members of the Cabinet are not members of the House of Representatives and are not responsible for them. Ministers are appointed by the President and may be dismissed by the President. The President of the United States has the power to independently determine government policy without external interference.

Veto

The President of India has relatively less veto power than the President of the United States. The President of the United States can reject a bill passed by Congress. If a majority of two-thirds of both houses pass again, he will need to sign the bill.

Meanwhile, the President of India can send a bill for review only once. If even a majority of Congress passes the bill again, he is obliged to sign the bill.

Pocket refusal

If the President of the United States knows that Congress's legislative session will end within 10 days, he can veto by not signing the bill for 10 days. In such cases, the bill will die.

The President of India can keep the bill indefinite because there is no constitutional time limit to give his consent. The president can use his pocket veto if the collapse of the government seems imminent. But he must act on the advice of the new government, and if the current administration collapses, he will not be able to make his own decisions. The pocket veto was first exercised by President Ganny Zilesin on the Indian postal bill passed by the Rajiv Gandhi government. The new government then withdrew the bill in 1989.

State bill

Certain state bills require the prior consent of the president, who has absolute veto power over several types of state bills. The President of the United States does not have such authority.

Dissolution of the legislature

The President of India can dissolve Parliament, but the President of the United States does not have such authority.

Prime Minister's authority and function

The Prime Minister plays many important functions in India's political system and exerts enormous power for his benefit. He is the country's chief executive officer and head of federal government.

"The prime minister is, according to Nehiir, a'government linchpin', so his authority and function as follows.

(1) Head of Government:

The President of India is the Head of State, and the Prime Minister is the Head of Government. The President of India has a lot of administrative power, but in reality he acts on the advice of the Prime Minister and the Cabinet.

Virtually all major appointments of the federal government are made by the Prime Minister, and all major decision-making bodies prefer the functions of the federal cabinet, planning committee, and cabinet committee under his supervision and direction.

(2) Cabinet leader:

The prime minister is the leader of the cabinet. According to Article 74 (i), "I have a ministerial meeting with the prime minister as prime minister." Like me, he uses the Ivor Jeanings phrase, which is not only the primus interpares, but the sun that other ministers rotate like a planet. It is he who chooses the other minister. It is he who distributes the portfolio among them.

He presides over cabinet meetings and it is he who decides what transactions to make at these meetings. You can change the personality of the cabinet at any time by demanding the resignation of the minister or dismissing the president. Mukherjee, Mathai, Neogy, Ambedkar, and C.D. Deshmuk resigned primarily due to personal differences with Nehru.

As chair of the Cabinet, the Prime Minister may influence the Cabinet's decisions made by consensus rather than voting. The Prime Minister summarizes the feeling of the meeting and declares an agreement. His resignation includes the resignation of all ministers.

Ruski's dictation states, "The prime minister is the center of the formation of the Council of Ministers, the center of his life, and the center of his death, which applies to the Indian prime minister as well as the British prime minister.

(3) Connection between the President and the Cabinet:

Article 78 of the Constitution defines the duties of the Prime Minister and reacts as a link between the President and the Cabinet in carrying out those duties.

The obligations defined in this article are: (A) Communicate all decisions of the Council of Ministers to the President, and (b) provide information related to the administration of union affairs and legislation that the President may require. (C) If the President so demands, submit matters that have been decided by the Minister but have not been considered by the Council for consideration by the Council of Ministers.

(4) Parliamentary leader:

The prime minister is the leader of parliament. He decides the date of the meeting and the program of the session. He decides when the house will be provoked or disbanded. He is the chief spokesman for the House of Representatives government, and it is usually he who is always informed about the government's intentions.

As the leader of the House of Representatives, the Prime Minister is in a special position with a special advantage. He announces key government policies and answers questions about super-sectoral routes.

He can correct the mistakes made by his minister on the floor of the house and even rebuke and rebuke them. He can carry a house with him on all important matters. He represents the Cabinet as a whole, unlike other government members.

(5) Chief Spokesperson for External Relations:

In international affairs, the Prime Minister is considered the country's chief spokesman. His remarks are for the outside world. National policy statement. It is he who speaks for the country at international conferences.

In dealing with non-allied nations and conferences, he liked Reed, whose prime minister had a special interest in diplomacy, which also helped strengthen their position.

(6) Leader:

The Prime Minister of India begged the party and tried to argue, but tried to control the party by conscious manipulation and manipulation. Nehru had Tandon resign as chairman of the parliament and took over the command of the party.

After Patel's death, Nehru became the best in the party and government. He combined two posts, leader and prime minister, for three years from 1951 to 1954. The last four years have been important because they have helped create a parliamentary spirit that seeks political leadership from the prime minister rather than the chairman.

Therefore, the President of Parliament was a political code for all practical purposes. After the parliamentary division (1969), the party office worked on behalf of the prime minister, with centralization of power. Almost all party presidents were said to be her candidates.

(7) Chairman of the Planning Committee:

The Planning Committee is an unconstitutional advisory body chaired by the Prime Minister. It covered all areas of activity in both the center and the state.

Under the leadership of their prime minister, it became a super cabinet. All important economic policy decisions are made by the Planning Committee under the chair of the Prime Minister.

From the above outline of the prime minister's duties, it is said that the prime minister occupies a very important position in the country.

Key takeaways:

In India, government officials are part of parliament.

Article 245 of the Constitution declares that Parliament can enact laws on all or part of India's territory, and the Legislature can enact laws on all or part of the state.

All federal legislative powers are granted to Parliament.

The Indian Constitution is the longest written constitution in the world.

Article 245 of the Constitution declares that Parliament can enact laws on all or part of India's territory, and the Legislature can enact laws on all or part of the state.

In India, government officials are part of parliament.

Parliament enjoys the highest authority on financial problems.

Only Congress is empowered to initiate a proposal for constitutional amendment.

Rajya Sabha and Lok Sabha can amend the Constitution together by passing a majority two-third amendment bill in each house.

Rajya Sabha can pass a resolution by a majority of two-thirds of its members to declare the subject of the national list as a nationally important subject.

. The money bill should start with Lok Sabha.

There is no clear provision in the Constitution as to whether parliamentarians can be expelled by parliament.

2.2 Judiciary – The Independence of the Supreme Court, Appointment of Judges, Judicial Review, Public Interest Litigation, Judicial Activism, LokPal, Lok Ayukta, The Lokpal and Lok Ayuktas Act 2013

Introduction

In a social environment where people approach the district court, the high court, or the Supreme Court, you may encounter a variety of cases. The rule of law governs the country of India. Judiciary is an important part of our government and plays an important role in the way our democracy works.

The role of the judiciary

The Supreme Court of India is the supreme authority of justice. But first of all, we need to understand the role of the judicial system. Indian courts are responsible for processing and passing decisions on multiple issues, such as how schools should treat students and whether the two states can share resources with each other.

Courts also have the right to punish people for the crimes they commit. Almost all social situations that require rules are governed by the judiciary.

Dispute resolution: Whenever there is a dispute, the court intervenes in providing a solution. Courts are responsible for resolving disputes, whether between citizens, citizens, governments, between two state governments, or between the central and state governments.

Judicial Review: The judiciary finally decides on the Indian Constitution. So if you violate the basics of the Constitution, the court can even overwrite the law passed by Congress. This process is called judicial review.

Supporting the law and exercising basic rights: Almost all basic rights of the Indian people are defined in our Constitution. If citizens feel that any of such rights have been violated, they may appeal to the local High Court or Supreme Court.

Supreme Court-led judicial independence

The Constitution of India protects citizens from partial judgments. And this empowers the judiciary to make decisions based on the rule of law in the event of a dispute. Because of such authority, the national judiciary is an independent body. Indian courts are not governed by the government and do not represent any political authority. This independence prevents the judiciary from abusing power by any department of government.

Judiciary independence requires "separation of powers". This basically means that neither the legislature nor the government can interfere with the functioning and decision-making of the judiciary. Therefore, in order to successfully enforce independent authority, judges from both the High Court and the Supreme Court must be appointed without the influence or interference of other branches of the government. It is also very difficult to dismiss a judge appointed by the judiciary from the office.

Appointment of judges

Judge Appointment and Appointment: Judge appointment, appointment and transfer mechanisms are subject to judicial review. The procedure for appointing and appointing judges changed after the Supreme Court's three judicial declarations. This needs further consideration.

A keen understanding of the current constitutional position and its impact on the appointment and appointment of judges.

SP Guptav. In UnionofIndia5, also known as the First Judge case, the Supreme Court considered the issue of the transfer of a judge from one high court to another and the confirmation of an extraordinary judge. The decision of the majority of the seven judges confirmed the power of the executive to make these decisions.

I issued a problem and rejected the petition. The issue of the judge's first appointment was not a problem anywhere, but the majority vote decided on the expression "consultation."

As used in Articles 124 (2) and 217 of the Constitution, it does not mean "agreement," and even if the Chief Justice of the Supreme Court has different views on this issue, the administration appoints a judge. Declared that it could be done. Judge Bhagwati, who voted by majority, argued that "consultation" with the Chief Judge meant that a "university" was needed to advise the Chief Judge. In 1991, on the interpretation of the word "consultation," the bench presided over by Judge Langanas Misra raised questions about the soundness of the S.P. Gupta decision in Subhash Sharma v. India Union 6.

Occurring in Articles 217 and 224 (2) of the Constitution, this issue was referred to a larger bench stating:

"The views shared by the four learned judges within the SP Gupta proceedings don't recognize, in our opinion, the special and vital position of the judge of India. The majority in the SP Gupta proceedings. The correctness of the opinion, the status and importance of the Chief Justice of India, and the view that the power of judges is not.

For good reason, it needs to be revisited on a larger bench. "

As a result, the Supreme Court Advocate on Records Association vs. UOI7 (also known as the Second Judge Case) consisted of nine judges' benches, which were sentenced on June 10, 1993, as follows: It was declared. Justice in the consultation process needs to be formed, taking into account the views of the two senior judges of the Supreme Court. The Chief Justice of India may also confirm the views of the Supreme Court's senior judge, who is likely to be important in determining the suitability of a candidate due to the fact that he came from the same High Court. Expected court or other. Article 124 (2) is an indicator that the views of other judges of the Supreme Court need to be confirmed. The underlying purpose of 124 (2) is thus achieved as Chief Justice of India.

Talk to them for the formation of his opinion. On issues associated with the appointment within the supreme court, the judge of India is predicted to require under consideration the views of his colleagues within the Supreme Court.

The judges of the relevant High Court, or one or more Senior Judges of that High Court, must be formed only after confirming the views of at least two Senior Judges of the High Court.

This procedure continued to the Government of India during the presidency of Sri K.R. Narayanan was suspicious of the 1998 Special Reference 1 appointment process and requested an explanation from the Supreme Court8.

The 1998 Special Reference No. 1, known as the Third Judge Case, is now being prepared under Article 143 of the Constitution. The President referred to nine questions, S.P. A bench of nine judges led by Judge Bharucha was constructed. Usually an advisory opinion

Under Article 143, it does not have to be binding, but the Attorney General has stated to the court that the government will follow the court's opinion. Nine judges Bench unanimously responded to this reference, expressing the view that the Chief Justice of India should recommend appointing judges.

To transfer the Chief Justice or Judge of the High Court in consultation with the Supreme Court and four senior judges of the Supreme Court. As far as the appointment to the High Court is concerned, the recommendations are consultation with two top judges of the Supreme Court.

Judicial Review

Judicial review is a fundamental principle of the US federal system, which means that all actions of government agencies and legislatures may be subject to review and invalidation by the judiciary. In applying the principles of judicial review, the US Supreme Court serves to ensure that other departments of government comply with the US Constitution. Thus, judicial review is an important element in the separation of powers among the three branches of the government.

Judicial review was established by Marbury v. Madison's ground breaking Supreme Court ruling. This contains a clear passage from Judge John Marshall. The person who applies the rule in certain cases must inevitably explain and interpret the rule. If the two laws conflict with each other, the court must decide on their respective operations. "

Expansion of judicial review

Over the years, the United States Supreme Court has ruled many withdrawals of laws and administrative measures as unconstitutional. In fact, they were able to expand their judicial review authority.

For example, in the 1821 Cohens v. Virginia proceedings, the Supreme Court extended its constitutional review power to include decisions from the state's criminal court.

In Cooper v. Aaron in 1958, the Supreme Court expanded its power to allow any action of any branch of the state government to be considered unconstitutional.

Example of actual judicial review

For decades, the Supreme Court has used the power of judicial review to overturn hundreds of lower court proceedings. The following is just one example of such a ground breaking case.

Roev. Wade (1973): The Supreme Court ruled that state law prohibiting abortion was unconstitutional. The court ruled that women's right to abortion is within the rights of privacy protected by the Fourteenth Amendment to the Constitution. The court's ruling affected the laws of 46 states. In a broader sense, the Roe v. Wade case confirmed that the Supreme Court's jurisdiction over appeal extends to cases that affect women's reproductive rights, such as contraception.

Loving v. Virginia (1967): State legislation prohibiting interracial marriage has been withdrawn. In a unanimous decision, the court found that the distinctions drawn by such law were generally "disgusting to free people" and subject to "the strictest scrutiny" under the Equal Protection Clause of the Constitution. It was decided. The court ruled that the Virginia law in question had no purpose other than "racism."

Citizens United v. Federal Election Commission (2010): In today's controversial decision, the Supreme Court ruled a law limiting corporate spending on federal elections promoting unconstitutionality. In the ruling, the majority of ideologically divided 5-4 judges found that under the First Amendment, companies could not limit corporate funding for political advertising in candidate elections. ..

Oberge fellv. Hodges (2015): The Supreme Court, once again in a controversial body of water, found that state law prohibiting same-sex marriage was unconstitutional. The court protects the right to marry as a fundamental freedom by a due process of the legal provisions of the Article 14 amendment by a 5 to 4 vote, and that protection applies to same-sex couples as in the opposite case. I decided. -Sex couple. In addition, the court does not allow the state to deny the right of same-sex couples to marry on the same terms as heterosexual couples, although the First Amendment protects religious groups' right to adhere to that principle.

Public Interest Litigation

The concept of "public interest proceedings" is borrowed from US jurisdiction. Designed in the 1960s, the United States provided legal representation to previously unrepresented minorities, detainees, migrant workers, compulsory security workers, and other younger classes. The normal market for legal services was established in terms of not being able to provide fair service to these segments of society.

In other words, a proceeding in the public interest is a proceeding filed in court to protect the public interest. PIL is not defined by any law or statute, but focuses primarily on the following areas:

Basic human rights violations of the poor

Implementation of government policy

Infringement of other basic rights

Through PIL

Vigilant citizens are offered cheap legal remedies due to their nominal fixed legal costs.

The parties to the proceedings can achieve results related to all public issues regarding the protection of basic rights.

In India, PIL is the result of the Supreme Court's judicial activist role. Justice V.R. Introduced by. Krishna Ayer and Justice P.N. Bagwati in the early 1980s. The first ever PIL case dates back to 1979, when a public interest activist lawyer filed a proceeding on behalf of thousands of prisoners in Bihar for the inhumane state of the prison in the case of Fusinara Cartoon v. Bihar. .. Benchbagwati of the Supreme Court, led by Justice P.N., stated the free legal aid that led to the release of the prisoners and the right to prompt pursuit of the prisoners.

Meaning of PIL

A public interest proceeding is a proceeding filed in court to protect the public interest. The introduction of PIL in India was due to the relaxation of the traditional rules of "sitting". The rule stated that only those whose rights were violated have the power to move the court for relief. PIL is an exception to this rule. Article 32 of the Constitution of India, also known as a social interest proceeding, allows the execution of a public interest proceeding in which a letter written by a public interest person or organization claiming infringement of basic rights is converted into a petition. Therefore, any civilian with sufficient interest can sue in court to exercise the rights of others. PIL is necessary to maintain the rule of law.

Prafura Chandra Natowaral Bug Watty

Born in December 1921, P.N. Bhagwati was India's 17th Chief Justice from July 1985 to his retirement in December 1986. He is considered a pioneer in Indian judicial activity. He came up with the concept of public interest proceedings and strict liability in India. Legal aid for the poor and his contributions to the law were recognized by the Chair of the World Conference on Human Rights in 1989. He was appointed to monitor the activities of the Presidential Investigation Commission on alleged human rights abuses in Sri Lanka. ..

From easy access to the judiciary to a stance on standing and judicial activism, P.N. Bhagwati has provided the Indian judiciary with the power to transform the social structure. Otherwise, you will deny the basic rights.

Features of PIL

With the progress of PIL, some issues have been incorporated, but common features include these proceedings. These are:

PIL is called a non-hostile proceeding in which the interests of one party take precedence over the other. PIL is perceived as a tool for social change rather than focusing on traditional litigation modes.

PIL is based on the principles of citizens and representatives who extend the rights of third parties to approach court.

From its introduction, PIL aims to restore the dynamic and welfare-oriented model of the judiciary. Therefore, it incorporates a directive principle, which cannot bring its claim directly to court, into the realm of basic rights under Part III of the Constitution.

The PIL also strengthens the role of the judiciary as a guard dog over other agencies of the government, the executive branch and the legislature. The fear of being dragged into court has improved the quality of facilities such as prisons. National protected housing.

PIL range

In 1998, the Supreme Court developed a set of guidelines to follow to entertain the letters and petitions received as PIL. These guidelines were further revised in 1993 and 2003. The letters and petitions recognized under PIL are:

Bonded labor problem

Ignored children

Non-payment of the minimum wage to workers.

Atrocities against women, especially rape, murder, kidnapping and harassment of brides.

Food fake

Environmental pollution

Inhumane treatment, death in prison, petition from prison for quick way.

Petition from victims of riots.

Harassment of villagers by communal villagers or police.

Exceptions-Cases that do not fall into the category enjoyed as PIL are:

Landlord-tenant problem.

Services related to pensions and tips.

Admission to a medical institution or other educational institution.

Complaints against central, state and local governments.

A motion for early hearing of a case pending in the High Court or a lower court.

PIL principles

The Supreme Court has established the following principles regarding PIL: these are:

The Constitution of India under Articles 32 and 226 allows courts to entertain petitions filed by the public interest in the welfare of those who are at a disadvantage and therefore do not have access to them. The court is obliged to protect the basic rights of these people.

Whenever an injustice meets a large number of people, the court does not hesitate to invoke Articles 14 and 21 of the Constitution of India, which provide for fair trials, and the International Human Rights Convention.

If the court is tentatively confident that there has been a breach of constitutional rights to a group of people in the underdeveloped category, it may not allow the state to question the sustainability of the petition.

Procedural law applies to PIL cases, but the question of whether the principle of res judicata or similar principles applies depends on the nature, facts, and circumstances of the petition. Disputes between the two groups in the realm of purely private law are not allowed to incite as PIL. If the petitioner moves the court to remedy private interests and personal dissatisfaction, the court promoting the public interest can treat it as a PIL. The court must not violate the policy. We shall take great care not to infringe the jurisdiction while protecting the rights of the people.

Judicial Activism

Judicial activism describes how judges’ approach or are perceived to approach the conduct of judicial review. The term refers to a scenario in which a judge overlooks a case law or past constitutional interpretation in favor of protecting the rights of an individual and serving a broader social or political agenda.

Judicial activism

The term judicial activity was coined in 1947 by the historian Arthur Schlesinger Jr.

Judiciary activism is a judgment issued by a judge who overlooks case law and past constitutional interpretations in support of protecting individual rights and serving a broader political agenda.

This term may be used to describe a judge's actual or recognized approach to judicial review.

The term judicial activism, coined by the historian Arthur Schlesinger Jr. in 1947, has multiple definitions. Some judges claim to be judicial activists simply by overturning previous decisions. For others, the main function of the court is to reinterpret the elements of the Constitution and assess the constitutionality of the law, and therefore such behavior is expected and should not be called judicial activity at all. I argue that there is no such thing.

As a result of these various stances, the use of the term judicial activism relies heavily on how someone interprets the Constitution and on the intended role of the Supreme Court in the separation of powers.

Origin of the term

In a 1947 Fortune article, Schlesinger categorized Supreme Court judges into two categories. He is a supporter of judicial activism and a supporter of judicial restraint. Bench judicial activists believed that politics played a role in all legal decisions. In the voice of a judicial activist, Schlesinger wrote: "A wise judge knows that political choices are inevitable. He does not disguise objectivity and consciously exercises judiciary with a view to social consequences."

According to Schlesinger, judicial activists consider the law to be adaptable and believe that it is intended to bring the greatest social benefit possible. Schlesinger is famous for not giving his opinion on whether judicial activity is positive or negative.

In the years following Schlesinger's article, the term judicial activist often had negative implications. Both sides of the political aisle used it to express anger at the ruling they found they were not in favor of their political aspirations. Judges can be accused of being judicial activists, even if they deviate slightly from accepted legal norms.

Form of judicial activity

Keenan D. Kmiec recorded the evolution of this term in the 2004 issue of the California Law Review. Kmiec explained that accusations of judicial activity could be imposed on judges for a variety of reasons. Judges ignore case law, invalidate legislation introduced by Congress, deviate from the model used by another judge for discovery in similar cases, or to achieve certain social goals. It is possible that he wrote the judgment with decency.

The fact that there is no single definition of judicial activism makes it difficult to point out specific cases that show the judge's ruling as a judicial activist. In addition, the number of cases showing the act of judicial reinterpretation increases or decreases based on how the reinterpretation is defined. However, there are some commonly agreed cases and some benches as examples of judicial activity.

Warren coat

The Warren Court was the first Supreme Court bench to be called a judicial activist for its decision. From 1953 to 1969, Judge Earl Warren presided over the court, which was the most famous legal decision in US history, including Brown v. Board of Education, Gideon v. Wayne Wright, Engel v. Vitale, Miranda v. Arizona. Defeated some of Arizona. The Warren Court has ruled in favor of liberal policies that will have a significant impact on the country in the 1950s, 1960s, and beyond.

Examples of judicial activity

The Brown v. Board of Education (1954) is one of the most popular examples of judicial activity from the Warren Court. Warren submitted a majority opinion and found that the quarantined school violated the Fourteenth Amendment's Equal Protection Clause. He found that the ruling effectively broke racism and that separating students by race created an inherently unequal learning environment. This is an example of judicial activity. This is because the ruling overturned Plessy v. Ferguson. In this ruling, the court ruled that the facilities could be quarantined as long as they were equivalent.

However, the court does not have to overturn the proceedings for it to be considered an activist. For example, if a court invalidates the law and exercises the powers conferred on the court system through the separation of powers, the decision may be considered an activist. In the Lochner v. New York case (1905), bakery owner Joseph Rokner sued New York for violating state law, the Bakery Act.

Lokpal and Lokayuktas

The 2013 Lokpal and Lokayukta Act mandated the establishment of Lokpal at the federal level and Lokayukta at the state level. Lokpal and Lokayuktas are statutory bodies and they have no constitutional status. These agencies serve as "ombudsmen" (officials appointed to investigate individual complaints against companies or organizations, especially public institutions). They investigate allegations of corruption and other related matters against certain public bodies / organizations.

Origin and history

The story of Lokpal and Lokayukta has a long story. Lokpal and Lokayukta are not concepts of Indian origin. The concept of the ombudsman began in 1809 with the official inauguration of the Swedish ombudsman institution. In the latter half of the 20th century, after World War II, the ombudsman system developed and grew the most. Countries such as New Zealand and Norway also adopted the ombudsman system in 1962. This system proved to be very important in spreading the ombudsman concept to other countries around the world.

The United Kingdom adopted the ombudsman system in 1967, based on the recommendations of the 1961 Whyatt Report. The adoption of such a system has made Britain the first prominent country in the democratic world to have such an anti-corruption agency. .. After England, Guyana emerged in 1966 as the first developing country to adopt the ombudsman concept. Later, this concept was also adopted in Mauritius, Singapore, Malaysia and India.

In India, former Minister of Justice Ashok Kumar Sen became the first Indian to propose the constitutional ombudsman concept in parliament in the early 1960s. In addition, L. M. Dr. Singhvi coined the terms Lokpal and Lokayukta. In late 1966, the First Administrative Reform Commission passed a recommendation on the establishment of two independent authorities at the central and state levels. According to the Commission's recommendations, two independent authorities have been appointed to investigate complaints against civil servants, including members of parliament.

After a recommendation from the Commission, the Lok Sabha bill was passed in 1968 in Lok Sabha, but it expired due to the dissolution of Lok Sabha. Since then, the bill has been introduced many times in Lok Sabha, but has expired. Until 2011, eight attempts were made to pass the bill, each of which failed.

Prior to 2011, M.N. Venkatachaliah was also established in 2002 to consider the enforcement of the Commission Constitution led by. The committee recommended the appointment of Lokpal and Lokayuktas. The Commission also recommended that the Prime Minister should be kept away from Rokupal's ambitions. In late 2005, the Second Administrative Reform Commission, chaired by Veerappa Moily, recommended that Lokpal's office be established without delay.

All of these recommendations were never given a legitimate priority, but in 2011 the government formed a group of ministers chaired by former President Pranab Mukherjee. These ministerial groups worked to review the Rokupal bill proposal and propose measures to combat corruption.

Not only governments and governments, but even the people of India felt the need to introduce such a system into India's governance system. India was involved in a national protest against Lokpal. The "India against Corruption" movement was led by Anna Hazare to put pressure on the Center's United Progressive Alliance (UPA) government.

As a result of protests and movements, the 2013 Rokupal and Rokayuktus bills were passed by both Parliament Buildings. The bill came into effect on January 16, 2014 under the name "Lokpaland Lokayukta Act 2013" with the consent of the President on January 1, 2014.

Lokpal and Lokayukt ,2013

The 2013 Lokpal and Lokayuktas Act, commonly known as the Lokpal Act, is the anti-corruption law of the Indian Parliament.

The bill was submitted to Lok Sabha on 22 December 2011 and passed by the House of Representatives on 27 December 2011 as Lokpal and Lokayuktas Bill. It was then submitted to Rajya Sabha on December 29th.

It was passed in Rajasaba on December 17, 2013, after making some amendments to the previous bill, and passed in Lok Sabha the next day. It came into effect on January 16, 2014 with the consent of then-President Pranab Mukherjee.

This article goes into more detail about the 2013 Lokpal and Lokayukta Act within the context of the IAS exam.

Background of the 2013 Lokpal Lokayukta Act

The term "Lokpal" was first used by Parliamentarian Laxmi Mall Singhvi in 1963 in a discussion of the grievance mechanism. The Administrative Reform Commission under the Moralgie Daesar administration has submitted a report recommending the creation of two special authorities, Rokayukta and Rokpal, with the aim of remedying public dissatisfaction.

Maharashtra was the first state to introduce Rokayukta in 1971 through the Maharashtra Rokayukta and Uparokayuktas laws. Tamil Nadu, Tripla.

The Lokpal bill was first introduced in Lok Sabha in 1968. The version enacted in 2013 was from a draft created in 2010. The bill is the implementation of the Anti-Corruption Act of 1988.

The bill was passed in the context of a large anti-corruption protest led by Anna Baburao, who shook the country.

Features of the 2013 Lokpal and Lokayukta Act

The salient features of the Lokpal and Lokayukta Act (2013) are:

We aim to establish a Rokupal system at the center and a Rocauctus system at the state level to provide an anti-corruption roadmap for the center and state states.

The jurisdiction of lokpal includes the prime minister, ministers, members of parliament, officers of groups A, B, C and D and officials of the central government.

Lokpal consists of a chair with up to eight members, 50% of whom are judicial members.

Approximately 50% of Lokpal members shall come from SC, ST, OBC, minorities, and women.

The election of the chair and members of Lokpal shall be conducted through a selection committee consisting of the Prime Minister, the Chair of Lok Sabha, the leader of the opposition, the Supreme Court of India, or the Supreme Court Judge appointed by the Chief Justice of the Supreme Court.

Celebrities nominated by Indian Justice and the President of India.

The search committee supports the selection committee during the selection process. 50% of the members of the search committee shall also participate from among SCs, STs, OBCs, minorities, and women.

The Prime Minister was placed under the jurisdiction of Rokupal in a specific process for excluding the subject and handling complaints against him / her.

Lokpal's jurisdiction covers all categories of civil servants, including Group A, Group B, Group C, Group D civil servants and government officials.

Lokpal has the power to supervise and direct all investigative agencies, including the CBI, in the cases mentioned by Lokpal.

A strong committee chaired by the Prime Minister recommends the election of a CBI director. It sets a clear timeline.

Advance inquiries can be extended from 3 months to 3 months. Due to the investigation, it is 6 months which may be extended by 6 months at a time. In the case of a trial, it can be extended for one year, and a special court will be set up to achieve this.

We will extend the maximum sentence under the Anti-Corruption Law from 7 years to 10 years. The minimum sentence under Articles 7, 8, 9, and 12 of the Act is 3 years, and the minimum sentence under Article 15 (punishment for attempt) is 2 years.

Institutions that are fully or partially funded by the government are under the jurisdiction of Lokpal, but those that are backed by the government are excluded.

All entities that receive more than 10 Rakı annual donations from abroad within the context of the Foreign Contribution Regulation Act are under the jurisdiction of Lokpal.

This includes the obligation to establish a Lokayukta body through the enactment of a law by the state legislature within 365 days of the enforcement date of this law.

Disadvantages of the 2013 Rokupal and Rokayukta methods

The following are the drawbacks of Lokpal and Lokayukta Act 2013.

Lokpal cannot advance motu to civil servants.

Focus on the form of the complaint rather than the substance

Heavy punishment for false and frivolous complaints against civil servants can discourage complaints filed with Lokpal.

Anonymous complaints are not allowed – you cannot file a complaint on plain paper and put it in a box with supporting documents.

Legal support for complained civil servants.

7-year time limit for filing a complaint.

Very opaque steps to deal with complaints about PM

A brief overview of Lokayuktas

Many states had already established the lokayuktas system long before the Lokpal and Lokayukta Act (2013) itself was enacted.

It should be noted that the Lokayukta institution was first established in Maharashtra in 1971. Odisha passed a law in this regard in 1970, but came into effect only in 1983.

Outstanding features of Lokayuktas

The features of Lokayukta are:

Structural changes: The structure of lokayukta is not the same in all states. Some states such as Rajasthan, Karnataka, Andhra Pradesh and Maharashtra have created lokayukta and upalokayukta, while Himachal Pradesh, Bihar and Uttar Pradesh have created only lokayukta. Some states, such as Punjab and Orissa, have designated civil servants as Rokupal. This was not due to the recommendations of the ARC report

Appointments: Lokayukta and Upalokayukta are appointed by the Governor. While appointing them, most state governors consult:

Supreme Court Judge of the State High Court

Opposition leader in the state legislative assembly

Qualifications: Judicial qualifications are stipulated in Rokayukta in Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka and Assam. However, there are no specific qualifications in Bihar, Maharashtra and Rajasthan.

Term of office: In most states, the fixed term at lokayukta is 5 years or 65 years, whichever comes first. He is not eligible for reappointment

Investigation: In most states, lokayukta can initiate an investigation based on unfair administrative measures or complaints received from citizens against suo moto. However, he does not enjoy the power to initiate his own investigations in Uttar Pradesh, Himachal Pradesh and Assam.

Key takeaways:

In a social environment where people approach the district court, the high court, or the Supreme Court, you may encounter a variety of cases.

The Supreme Court of India is the supreme authority of justice

The Constitution of India protects citizens from partial judgments

Judiciary independence requires "separation of powers". This basically means that neither the legislature nor the government can interfere with the functioning and decision-making of the judiciary.

Under Article 143, it does not have to be binding, but the Attorney General has stated to the court that the government will follow the court's opinion

Judicial review is a fundamental principle of the US federal system, which means that all actions of government agencies and legislatures may be subject to review and invalidation by the judiciary.

The court protects the right to marry as a fundamental freedom by a due process of the legal provisions of the Article 14 amendment by a 5 to 4 vote, and that protection applies to same-sex couples as in the opposite case.

A public interest proceeding is a proceeding filed in court to protect the public interest.

Judicial activism describes how judges’ approach or are perceived to approach the conduct of judicial review.

The story of Lokpal and Lokayukta has a long story. Lokpal and Lokayukta are not concepts of Indian origin. The 2013 Lokpal and Lokayuktas Act, commonly known as the Lokpal Act, is the anti-corruption law of the Indian Parliament.

Lokpal consists of a chair with up to eight members, 50% of whom are judicial members.

2.3 State Executives – Powers and Functions of the Governor, Powers and Functions of the Chief Minister, Functions of State Cabinet, Functions of State Legislature, Functions of High Court and Subordinate Courts.

Introduction

In India, every state has its own government. The state has its own executive branch and legislature. State officials consist of a Council of Ministers led by the Governor and the Prime Minister. As far as the state legislature is concerned, some states have only one chamber or house in the parliament, while others in the same state have two chambers or houses. The Governor is an integral part of the Legislature.

The Constitution provides for the post of governor as head of the state of India. He is appointed by the President of India. He is the constitutional head of the state and an agent for the state's central government.

The governor is appointed for a term of five years. However, the president can dismiss him before his full term expires. The governor can also resign himself. His term may be extended and he may be transferred to another state. However, the state government cannot remove the governor from his post.

To be governor, you must be an Indian citizen and be 35 years old. And he can't be a member of parliament or a member of the state legislature. He must not have a profit office.

Powers and functions of governor:

The Constitution confers on the Governor a large number of powers which may be classified under the following heads-namely (1) Executive, (2) Legislative, (3) Financial. (4) Judicial, and (5) Miscellaneous.

Executive Powers

The administrative powers granted to the Governor under the Constitution of India are:

His power to the problems on the state list. Due to the issues on the simultaneous list, the governor follows the president's official advice and practices to manage them at the same time.

He makes rules for state legislature issues and portfolio exchanges for inter-ministerial assignments.

He has the privilege of looking for data from the Prime Minister, who must notify and answer him regarding all choices of his services.

He can also request the Prime Minister to present the choices of individual ministers for the ideas of the Council of Ministers.

He can arrange for the Council of Ministers and be recommended by various ministers.

He is consulted by the President in the appointment of a judge in the State High Court.

The governor appoints a judge in the district court.

If he or she feels that the Anglo-Indian community is not properly represented in Vidhan Sabha, he or she can appoint one member of the community to the state legislative assembly.

In all states where bicameral legislatures exist, the Governor nominates members who have "special knowledge or work experience in issues such as literature, science, the arts, cooperative movements, and community service." I have the right to do so. To the legislative council.

Similarly, the state prime minister or ministerial council can be expelled when the legislative assembly passes a majority of disapproved demonstrations, denounces the CoM, or abolishes significant measures. The Governor is not allowed to act in his joy and exercise his obligations, as it is the Legislative Assembly that supports CoM's overall obligations to itself, as it was. [Article 164 (2)]. S.R. Supreme Court Bommaiv. UnionofIndia has found that the main method of testing is the house floor, whenever it is uncertain whether the service has lost the certainty of the house.

Obviously, the evaluation of the quality of the ministry was not left to the governor. This reality was confirmed on February 21, 1998, when the Governor of Uttar Pradesh rejected the Karyansin administration. At the time of Lok Tantrik Congress and Janata Dal (Raja Ram) Group, 25 M.L. Karyan Singh did not leave. Then he was rejected. The governor did not allow him to look for a definitive vote on the floor of his house. At a milestone during the request for time, the Allahabad High Court reinstalled Kalyan Singh and left it to the governor to demand a reserve of solidarity on the floor of the house.

2. Legislative powers

The Governor is not a member of either legislature, but has some important powers and obligations in the area of authority.

He is to take each House of Representatives or State Legislature to meet at the time and place he deems appropriate, if it is a bicameral governing body. There should be no more than 6 months difference between the first and last sessions of the house. He guarantees that balance is maintained.

He may blame either the House of Representatives or the House of Representatives and dissolve the Legislative Assembly. For example, on March 12, 1967, Governor of Punjab, Dr. DC Pavate, gave the state Vidhan Sabha (legislative assembly) postponed by the chair for two months on March 7, 1967, before the House of Representatives considered the budget. I blamed you. This was the first move towards the answer to an established emergency that detained the state. The collapse of parliament was ended in many periods by the governor.

He can address either or both homes, gathered together at the beginning of the first session after each general election, and also at the beginning of the main session each year.

The bill passed by the state legislature requires his consent. He holds his consent and can return the bill (except the money bill) to the state governing body for re-examination. In any case, if the house is closed, with or without changes, he must agree to it.

He is engaged in preserving certain bills for the consent of the president. For example, bills that contain mandatory procurement of property or weaken the power of the High Court must be so preserved in order to obtain the consent of the President.

He nominates people with extraordinary learning and practical involvement in issues such as literature, arts, science, communal movements, and social welfare.

He nominates a few individuals from the Anglo-Indian community if the last story turns out to be inadequate.

Under the guidance of the Election Commission, he has been approved to select questions that arise regarding the exclusion of individuals from either House of Representatives.

If any predictions come out, he can issue legislation in the openness of the Governing Body. These obligations will function approximately one and a half months after the legislative re-parliament, or before the legislative council has passed and agreed with a goal against such legislative council. To stop. The Governor's duty is responsible for certain captivity. On the occasional occasion that they identify issues that the bill would require the president's prior approval or his consent after booking, the governor may not issue them except under the president's guidance.

He can also send a message asking one or more houses to update a bill pending by the council or something else.

He can suspend the state legislature while prescribing the president to take over the state administration. These steps are planned to reinstall mainstream services early. It was terminated by the Governor of Uttar Pradesh on June 13, 1973 and by the Governor of Punjab on October 4, 1983.

3. Financial power

The financial strength of the governors participating in the Constitution is as follows.

No bill can be submitted in Parliament except at the Governor's suggestion.

The reserve fund is available to him. He can then show signs of progress in response to unexpected use while waiting for approval by the state legislature.

He cannot pay interest on the grant without the Governor's suggestion.

Under Article 205, the Governor may request an expanded or abundant gift in favor of the Legislature.

The Governor must ensure that the state's annual financial report or spending plan is presented before one or more Houses of the Legislature pass.

Amendments that make arrangements for budget issues may not be moved without the consent or recommendation of the Governor if changes are required.

4. Judiciary

The governor's jurisdiction is as follows:

According to Article 161, the Governor may grant amnesty, rest, rest, or reduction of discipline. He can also suspend, dispatch, or promote the judgment of an individual charged with an illegal crime.

The Governor is consulted by the President in appointing the Supreme Court to the High Court of that particular state.

5. Miscellaneous.:

Apart from these privileges, the governor performs some miscellaneous functions. He is the ex officio prime minister of a state university. Here he performs many duties, primarily of a ceremonial character, such as conferring a degree and appointing a deputy prime minister. He may patronize the Red Cross and similar charities. He receives the State Civil Service Commission's annual report and hands it over to the Legislature for discussion.

Similarly, he receives the report of the State Accountant President and submits it for Congressional consideration. Under Article 356 (I) of the Constitution, he is authorized to submit a report to the President on the declaration of a state emergency, and if he is convinced, the state government will comply with the provisions of the Constitution. During such an emergency, he may use tremendous power on behalf of the president. The Governor of Assam has the discretion to manage tribal issues in the state.

Powers and functions of Chief Minister

The state's true chief executive, the chief minister, enjoys vast powers and functions. They are:

(1) He is the active head of the state government and advises the governor on matters related to the election of ministers, portfolio changes, and dismissals from the government.

(2) He presides over the Council of Ministers and confirms that the principle of joint responsibility is maintained. Therefore, he may advise the minister to offer his resignation, or advise the governor to dismiss the minister if he deviates from the cabinet policy.

(3) He communicates to the Governor all decisions of the Council of Ministers on state administration and legislation.

(4) Provide the Governor with information on state administration and legislation as needed.

(5) If the Governor demands a government decision from him, he puts the Council of Ministers' consideration.

(6) He acts as the only communication channel between the minister and the governor.

(7) Similarly, the Prime Minister is the only communication channel between his minister and the legislature. All legislative bills, resolutions, etc. require his prior approval.

When there is a lot of criticism of his government in the legislature, he himself holds the floor to face the demands of opponents, thereby supporting or defeating his government. I will prevent it.

(8) He is the leader of the majority party and it is his duty to ensure that discipline is maintained. For this he appoints a whip and sees in his hat that whip orders are always carried out.

(9) He may offer to resign at any time and then advise the governor to summon such a person to establish another ministry or to dissolve the House of Representatives and put the state under presidential rules. ..

(10) Theoretically all appointments are made by the governor, but in reality, the authority to sponsor belongs to the prime minister. He is being consulted on the appointment of a judge in the State High Court.

No posts or transfers may be made within the state without his approval. He is being consulted on the appointment of a state supporter president and members of the state civil service committee.

Powers and functions of Cabinet

This article describes the function of the Cabinet in Parliament.

In India, both the Cabinet and the Council of Ministers need to perform so many functions, which are increasing day by day. Especially in the case of cabinets, the workload has been significantly increased and reduced by the equipment of the cabinet committee. All parliamentary government cabinets must perform functions such as executive branching, legislation, finance, and justice.

These are:

Each minister is the head of the department. It is his duty and responsibility to ensure that the decisions made by Congress are carried out immediately and that they are also carried out in the right spirit. In fact, the administration injects blood and skeleton into legislative decisions. As Executive Director, the Minister is to ensure proper coordination and cooperation at various levels of the official hierarchy of his department.

He is to make sure that the ministry's work has not undergone any setbacks because it wants proper guidance. Not only this, but it is also his responsibility to ensure that the work of the various departments is properly coordinated, as the entire government functions as a coordinated whole.

He is then to advise the President through his Prime Minister, of course, on all the important appointments made in his department as Chief Operating Officer of his department. He is to ensure that all available positions are filled in a timely and properly manner and that a person with high status, sound knowledge and integrity works.

Therefore, he needs to stand beyond the narrow considerations of nepotism and favor, while making recommendations on personnel for the various jobs available in his department.

The Cabinet as an organization makes all high appointments, including the Ambassador, the High Commissioner, the Chairman and Member of the Union Public Service Commission, and the Director of the Financial Auditor of India. In addition, the government sometimes appoints specific committees / committees, etc.

The Cabinet also approves and appoints these committees and their chairs and members. Under the Constitution, it is the president's responsibility to appoint the governor. Officially announced by the president, the cabinet decides on the name of the person to be appointed.

Similarly, Army, Navy, and Air Force chiefs are appointed by the Cabinet, as are the chief justice of India and the judges of the Supreme Court.

As with responsibilities in the field of administration, the Cabinet has a lot to do in the field of legislation, and its responsibilities in this regard are enormous. Members of the Cabinet and the Council of Ministers are members of either parliament.

It is their responsibility to ensure that they have been busy throughout the session, as Congress meets at the right time and the work of both houses is taking place.

The Cabinet initiates all important legislative measures in the House of Representatives. It ensures that all outdated acts are nullified and that what needs to be fixed in the light of the experience gained is fixed. Similarly, each minister submits and pilots the bills required by his department.

He has passed all the bills initiated by him, has been fully answered in the course of the debate, and if the critics are fully satisfied, in case some ordinances are promulgated during the session. During the period when it is necessary to confirm that there are criticisms about the work of his department, he is also to approve these so that they become land laws.

In the course of the debate, opposition members make some criticisms and make some suggestions. Similarly, some members of the House of Representatives who are not members of the Council of Ministers also submit specific bills.

The Cabinet decides how much the proposal can be accepted, and the bill initiated by private members is for government approval and support. In fact, the bill cannot be passed without government approval or support.

Recently, the world has become very short and each country is becoming more and more dependent on other countries. All countries are very enthusiastic about having a heartfelt relationship with others. Not only this, each country wants to build commercial relationships with as many countries as possible.

Similarly, every state has citizens of other states, and their interests should be fully protected. This relationship should be established with other states. To this end, the Cabinet appoints ambassadors and high commissioners from other states.

If a representative is appointed in India before other states actually arrive in India, the Cabinet will determine if such a person is a persona non grata and if his appointment is acceptable.

Similarly, the Cabinet will determine whether the activities of members of diplomatic missions in either country will harm India's interests, and if so, what will be the consequences of the expulsion of diplomats regarding the interrelationship between the two countries. Similarly, the Cabinet will determine how much India will improve or strengthen its relations with any particular country or region of the world.

Any fundamental changes to a country's foreign policy must be decided by the Cabinet before they are published. How important diplomacy is, Pt these days. Nehru himself was once the country's Ministry of Foreign Affairs, and since then this portfolio has been held by very senior cabinet ministers and party members.

Even in the financial sector, the Cabinet has many functions to perform. Of course, the budget is prepared by the Minister of Finance, and in the initial stage, it is discussed with the Prime Minister and the Cabinet, and the approval of the Cabinet is treated as the approval of the entire Cabinet. But the cabinets are not surprising. Proposals are somehow discussed in the Cabinet at some stage.

Next, decide how much state revenue you should collect and what tax deductions you should give your people. Similarly, it is the minister's responsibility to ensure that each minister's budget proposal is approved by the House of Representatives.

Of course, it is a very challenging time for the minister to submit a budget, make widespread criticism of the minister's work, and expect him to defend his achievements. In fact, a budget proposal in the House of Representatives cannot come unless it is initiated by the Minister.

India's planning committee plays a huge role in channelizing the country's economic resources. The Prime Minister, who chairs the Council of Ministers, is also the chair of the Planning Committee. All planning proposals are approved by the Cabinet, which also determines planning policies and gives guidelines.

Without that approval, the plan will not eventually be approved. Members of the planning committee are also appointed by the Cabinet. Some ministers are also members of the planning committee.

The Council of Ministers of India also decides on the imposition of presidential governance in the state and the duration of that governance. During such a period, the true power and power for the governance of the state is in the hands of the central government, which is important as it effectively means the Council of Ministers.

It is the Council of Ministers, and more specifically the Cabinet, that makes all financial, legislative and administrative decisions during this period.

Similarly, the Council of Ministers determines the time and duration of emergencies, both internally and externally. Needless to say, during this period the basic rights of the people are suspended and for all practical purposes the federal structure of the country turns out to be single. Many functions that you normally don't need to perform do not need to be performed now.

For confidentiality reasons, the decisions made by the Cabinet will not be recorded. The decisions made are almost always unanimous. Unless there is an urgent need to meet early, the Cabinet usually meets once a week.

Functions of State legislature

The powers and functions of the state legislature can be listed below the head:-

(A) Legislative power

The state legislature of each state is empowered to formulate legislation on the state list and all matters contained in the simultaneous list. However, if the relevant legislature law does not have the consent of the President, the legislature created by the legislature on the subject matter of the simultaneous list will be void if it conflicts with the federation's law on the same subject matter. Therefore, the Constitution imposes certain restrictions on the powers of the state legislature. Another limitation on legislative power is that the Indian Parliament may enact legislation on the state list in an emergency.

According to Article 249 of the Constitution, if, even in peacetime, the Parliament passed a resolution on the issue of state listings for the national interest with a majority of two-thirds, the Parliament of India would: Become. Has the ability to make laws.

In addition, the Governor, at his discretion, has issued specific legislation for the consent of the President, including legislation that seeks to impose restrictions on the acquisition of private property, trade and commercial freedom, and legislation that affects the powers of the High Court. You can reserve it. Under such circumstances, the President of India may agree to such bills or send them back for reconsideration of the state legislature. If such a bill is passed again by the state legislature, the president is not obliged to give his consent. Therefore, the president can reject the entire bill if he so desires. Therefore, the legislative power of the State Legislative Assembly is limited.

(B) Financial strength:

The state legislature also controls the state's finances. Without legislative sanctions, one paisa cannot be used. The budget is introduced annually by the state legislature. The state legislature may pass, reduce, or reject grant requests made within budget. It is your duty to find ways and means to meet your budget spending. Proposals for tax increases or reductions are to be approved by Congress.

In a bicameral legislature, the position of the Legislative Assembly is superior to that of the Legislative Council on financial problems. All other expenditure items must be submitted to the Legislative Assembly in the form of a grant request, except for expenditures charged to the State Endowment (non-voting). When it comes to financial problems, the Legislative Assembly is the best in the state.

The Constitution introduced a parliamentary government in the Center and the United States. As a result, the Council of Ministers is collectively liable to the Legislature. The state legislature exercises oversight and control over the minister. Common methods used to hold the minister accountable to the legislature include questions, motions of condemnation, amendments to government policy, and motions of no confidence.

There are also committees that govern the government on behalf of the state legislature. The Legislative Assembly is more powerful than the Legislative Council in managing the administration. A motion of no confidence in the Legislative Council does not lead to the resignation of the Council of Ministers. However, if passed by the Legislative Assembly, such a motion of no confidence will force the ministry to offer to resign.

(D) Election function

Elected members of the Legislative Assembly form part of the electoral college provided for the election of the President of India. The Legislative Assembly also elects state representatives in Raja saba and one-third of the members of the relevant state legislative councils. It also elects a chair and vice-chair. The legislative council also elects a chairman and vice-chairman from among its members to preside over the council's meetings.

(E) Function of components

The Indian state legislature does not have the authority to propose constitutional amendments. All initiatives for constitutional amendment belong to Congress.

In the United States, both the federal and state states have equal power over constitutional amendment. However, there are certain categories of amendments to the Indian Constitution (elections of the President of India, the High Court, state representatives in parliament, Article 368 of the Constitution, etc.), which must be ratified by half of them. In these respects, the Legislature is also participating in constitutional amendments. The amended bills for Articles 15 and 16 have been referred to the Legislature. The amendments took effect only when they received half the support of the state legislature. Therefore, unlike the United States, the Indian state legislature limits the voice of constitutional amendments.

Powers and functions of High Court and Subordinate court

High Court: Jurisdiction and Function:

1. (a) Original jurisdiction:

The High Courts of Bombay, Calcutta and Madras have the original jurisdiction over civil and criminal cases in these towns. They have the authority to hear civil proceedings involving property of value in Rs. 20,000 /-Over. This is the exclusive right enjoyed by these three High Courts.

(b) Original jurisdiction over basic rights:

The High Court is empowered to issue warrants to exercise its basic rights.

All High Courts have original jurisdiction in cases relating to divorce, will, admiral and contempt of court.

2. Appeal jurisdiction:

(a) Jurisdiction of appeal in civil proceedings:

In civil proceedings, you can appeal the district court's decision to the High Court. If the dispute is worth more than rupees, you can also appeal directly from the subordinate court. 5000 /-or about facts or legal issues.

(b) Jurisdiction of criminal cases:

The appeal to the High Court is when the Sessions Court has given a penalty of four years or more. All cases, including the death penalty given by the Session Court, will appear in the High Court as an appeal. The death penalty given to a criminal by the Sessions Court can only be carried out if the High Court upholds the decision. All cases, including issues of constitutional interpretation, can go to the High Court as an appeal.

3. High Court as a Record Court:

High courts such as the Supreme Court of India are also record courts. The record of all their judgments may be the basis for deciding a case by a subordinate court. Each High Court has the power to punish all cases of insult by any individual or institution.

4. The power of judicial review:

Like the Supreme Court of India, each High Court enjoys judicial review authority. If it turns out to be unconstitutional, you have the power to declare it unconstitutional.

5. Power of certification:

In most cases decided by the High Court, an appeal can only go to the Supreme Court if the High Court finds that such an appeal can be filed.

6. High Court Administrative Authority:

(i) Has the authority to supervise and control all subordinate courts.

(ii) One rule can be issued that regulates the work of lower courts.

(iii) The subordinate court may be requested for details of the procedure.

(iv)You can transfer a case from one court to another, and even transfer the case to itself and make the same decision.

(v) It has the authority to investigate or investigate the records of its subordinate courts or other related documents.

(vi)Each High Court has the authority to appoint its administrative staff and determine their salaries, allowances, and other terms of service.

(vii) The appointment, promotion and placement of district judges will be carried out by the governor in consultation with the High Court.

Key takeaways:

In India, every state has its own government.

The Constitution provides for the post of governor as head of the state of India.

The Governor is not a member of either legislature, but has some important powers and obligations in the area of authority.

No bill can be submitted in Parliament except at the Governor's suggestion.

He presides over the Council of Ministers and confirms that the principle of joint responsibility is maintained.

The Cabinet initiates all important legislative measures in the House of Representatives.

The Cabinet decides how much the proposal can be accepted, and the bill initiated by private members is for government approval and support.

The state legislature of each state is empowered to formulate legislation on the state list and all matters contained in the simultaneous list.

The Constitution introduced a parliamentary government in the Center and the United States.

Elected members of the Legislative Assembly form part of the electoral college provided for the election of the President of India

In the United States, both the federal and state states have equal power over constitutional amendment. However, there are certain categories of amendments

The appeal to the High Court is when the Sessions Court has given a penalty of four years or more.

References:

https://www.iasabhiyan.com/powers-functions-rajya-sabha/

https://www.yourarticlelibrary.com/constitution/lok-sabha-functions-and-position-of-the-lok-sabha/40340

https://2thepoint.in/powers-and-functions-of-president-in-india/

https://www.jagranjosh.com/general-knowledge/power-and-functions-of-the-prime-minister-of-india-1498903874-1

https://studywrap.com/independence-of-supreme-court-of-india-provisions-in-constitution-for-independence-of-supreme-court/

https://doj.gov.in/appointment-of-judges/

https://byjus.com/free-ias-prep/lokpal-and-lokayukta-act-2013/

https://en.wikipedia.org/wiki/Public_interest_litigation_in_India

https://www.preservearticles.com/political-science/powers-and-functions-of-the-governor/84

https://imp.center/i/powers-functions-chief-minister-india-3430/

https://www.yourarticlelibrary.com/india-2/3-functions-of-the-cabinet-of-india/49247

https://lawtimesjournal.in/high-court-appointments-transfer-powers-functions-and-jurisdiction/

Sign Up

Index

Notes

Highlighted

Underlined

Browse by Topics

Notes

Highlighted

Underlined