Module-4

The Union Executive: - Parliament- Lok Sabha and Rajay Sabha

Judicial System of India- Supreme Court of India and other courts.

The Parliament

1. Under Article 79 of the constitution of India, the legislature of the union is

called the Parliament.
2. There shall be a parliament, consisting of the president and two houses to be
known as the Council of State (Rajay Sabha) and the House of People (Lok
Sabha)
3. The Lok Sabha and Rajya Sabha sit separately and follow the principles
4. The president is not the member of either houses of the parliament. But the
president is the part of the parliament. His position is equal to queen of
England.
5. Parliament represents the entire nation and hence, it is also called a National
Forum.
6. The members elected from all parts of the nation represent the entire
population.
7. The parliament is known as the Centre of all political and administrative
activities. It occupies a very important position in the nation.

Parliament of India consists of three organs:

Legislature- This organ makes the laws.

Executive- The laws made by the legislature are implemented by them.
Judiciary- This organ decides cases according to the laws.

Meaning
The term parliament is derived from the French word PARLE which means to
Speak. Hence Parliament means a place where discussions are taken place
which lead to certain decisions.

LOK SABHA(House of the People/ Lower house)

1. The Legislature of the union or central government is called parliament.

2. Under Article 79, parliament is a bicameral legislature with two houses.
3. The First chamber or lower house of the parliament is called the house of the
people or the LOK Sabha.
4. This is a popular chamber directly elected by the people. It is an important
house.
Composition: -
1. The maximum strength of the Lok sabha envisaged by the constitution is now
552 Up to 530 members to represent the state up to 20 members represent the
union territories two are nominated Anglo Indian by the president.

2. Qualification:-
1. Article 84 of the constitution prescribe the following the qualification of a
person to contest for the membership of LOK Sabha.
2. He must be a citizen of India.
3. He must have completed the age 25 years.
4. Must be eligible as vote from one of the Lok Sabha constituencies.
5. He should not be unsound mind
6. He shall not hold any office of profit under the Govt of India or any State.

Term of the LOK Sabha:-

1. According to Article 83 of Indian Constitution. Lok Sabha is elected for a term
of five years.
2. The Lok Sabha has a term of 5 Years from the date of its first meeting
3. The Lok Sabha may be subjected to earlier dissolution on the basis based on
political situation (Prime minister may recommended the president to do so. At
emergency, the term of the Lok Sabha can be extended by the president for a
period not exceeding one year at a time etc. It cannot be extended beyond six
month after expiry of the emergency.

OATH
1. According to Article 99 of the constitution every member of either house of
parliament, before taking his seat has to take the oath.
2. A senior most member of the Lok sabha is appointed as protem Speaker by
the president.
3. The newly elected member of Lok Sabha takes the Oath before the protem
speaker.
4. After the election of the new speaker he will vacate his office.
5. According to article to 104. If a member sits or votes without taking oath
or after disqualification, he has to pay a penalty of Rs 500/- every day.

Privileges and Facilities of the member:

1. They have the right to speak in the parliament.

2. They are entitled to express their opinion and to vote in the parliament.
3. The MP’s cannot be arrested for any civil case forty days before the
commencement of the session and forty days after the session
4. The above rule is not applied to criminal cases. However No member shall be
arrested in the premises of parliament without permission of the speaker.
 5. MP’s cannot summon to give evidences as a witness, while the parliament is in
session.
6. Salary has been enhance from time to time by the parliament and pension
7. They are entitled to travel by train freely anywhere in India. But have air freely
for a limited number of time
8. They are provided with rent free accommodation at New Delhi, free telephone.

Presiding Officer:

1. The member of the Lok Sabha elect from among themselves the speaker and
Deputy Speaker, Who are the presiding officers of the houses.
2. The speaker presides over all the sessions of the Lok Sabha in his absence, the
deputy speaker presides.

Session of Lok Sabha:

1. Article 85. The Lok Sabha must conduct its session at least 2 times in a
year and there shall not be a gap of more than 6 months between two
sessions.
2. The session for the sitting is 10%(1/10th) of the total members of either houses
of parliament.

Disqualification

1. Under article 101, the MP’s may be disqualified under the following
circumstances.
2. No person shall be a member of both the houses of parliament and state
legislature at a time. If a member of Rajya Sabha is elected to Lok Sabha he
has vacate any one seat.
3. If a member f Rajya Sabha is elected t Lok Sabha he has to vacate any one seat

Power and Function of Speaker:

1. He has to conduct the proceeding of the houses.
2. He presides over the meeting of the Lok Sabha and conduct the business of
the houses.
3. He presides over the joint sitting of both the houses of parliament.
4. Permit the bill etc in the houses; He certifies whether a bill is a money bill
or an ordinary bill.
5. He decides as to who speak first.
6. He maintains order and discipline in the house.
7. He can stop a member from using improper language or any misconduct.
8. He can suspend members from the proceeding for misbehavior
9. He can adjourn the house
10. Within the house, and in all matter connected with the houses, his words is
final ( give ruling to decide any dispute and it shall be final)
 11. Protect the privileges of the members.
12. Control the public gallery in the house.
13. Accept or a reject the resignation of the member
14. He has to put the bills for voting and announce the results of the voting.

Rajya Sabha or Council of states or Knowledge house:

1. The Rajay Sabha represents the state and union territories

2. This is compared with the House of Lords of the British parliament.
3. Article 80 of the constitution provides for the composition of Rajya Sabha.

Composition:
1. The Rajya Sabha shall consist of not more than 250 members.
2. Out of 250,238 members are elected by the members of the various
legislative assemblies of the states the union territories, by the system of
proportional representation.
3. 12 members appointed by the president for their contribution to science,
literature, art and social service.

Qualification:

1. He must have completed the age 30 years

2. As per Lok Sabha.

Term:
1. It is a permanent chamber. It is not subject to dissolution
2. The Rajay Sabha cannot be dissolved
3. The term of the Rajya Sabha member is 6 years
4. One third of the members retired at every two years, after their term of 6
years

Language in Parliament.
1. According to Article 120 the proceeding of parliament may be conducted in
Hindi or English.
2. A member can also deliver his speech in his mother tongue with the
permission of the chair.

Oath
1. According to Article 99 of the constitution every member of either houses
of parliament, before taking his seat has to take the oath.
2. The newly elected members of Rajya Sabha take the Oath before the
Chairman (Vice President) of Rajya Sabha.
 Presiding Officer:
1. The vice president of India is the ex-officio chairman of the Rajya
Sabha.
2. Article 89 of the constitution of India also makes provision for the office of
Deputy Chairman.
3. Deputy Chairman must be the member of the Rajya Sabha.
4. Deputy chairman is elected from among the member of the Rajya Sabha, by
a simple majority.
5. Deputy speaker loses the membership of the house, they lose their position

Sessions:
The Rajya Sabha must conduct its session at least 2 times in a year and
there shall not be a gap of more than 6 months between two sessions.
The session for the sitting is 10%(1/10th) of the total members of either houses
of parliament.

Powers of the Chairman:

1. He has to conduct the proceeding of the houses.
2. He presides over the meeting of the Rajy sabha and conduct the business of the
houses.
3. He discusses as to who speaks first.
4. He maintains order and discipline in the house.
5. He can stop a member from using improper language or any miscounduct
6. He can suspend members from the proceeding for misbehavior.
7. He can adjourn the house.
8. Within the house and in all matter connected with the houses, his words is final
(give ruling to decide any dispute and it shall be final)
9. Protect the privileges of the members
10. Accept or a reject the resignation of the member
11. He has to put the bills for voting and announce the results of the voting.

Powers and functions of parliament

1.The most important function of the parliament is the making of the laws.
2. The first hour of every sitting in both the houses of parliament is known as
Question hour.
3. The first session of parliament is called as Budget session.
4. All the bill should passed by both the house of parliament and then only it can be
sent for president permission than it become a law.

Sessions:
1. Parliament is conducted three times a year.
 2. Budget session(February-March) Monsoon session(June-july) and winter
session (November-December)
3. According to article 85 there should not be a gap of more than six months
between the two sessions
4. The parliament meets for about 100 to 120 days.
5. The Zero hour is an informal device for raising matters by the members
without prior notice. it starts soon after question hour and goes on until the
regular business of the house is taken up.

Parliamentary privileges

1. Freedom of speech
2. Freedom of Arrest
3. The MP’s cannot be arrested for any civil case forty days before the
commencement of the session and forty days after the session

Supreme Court
Supreme Court of India plays a unique role in the constitution of India. It is the
final and guardian of the constitution. It is the highest court of appeal in civil and
criminal matter.

1. The Supreme Court has been established to solve any disputes that arise
between the states or between the union governments maintain the integrity
of nation.
2. To protect the rights and fundamental rights of the people.
3. The Supreme Court is an institution created by the constitution. It is the
most sacred place of Justice.
4. There is a single integrated system of courts for the union as well as for the
state.
5. First supreme court(national level) bellow it stands High court(state level)
and the subordinate courts.(District and below)

Composition of Supreme Court:-

According to article 124 supreme must consists of chief justice and other judges.

1. The parliament has the powers to either increase or decrease the number of
judges.
2. Beginning only 8 judges include chief judge. In 1956 it is increased to 10, in
1960 increased to 14, in 1977 is increased to 18. In 1986 it is increased to 26,
now currently 33 judges are there in that sitting judges are 27 only.

Qualification of Judges:-
Article 124(3) prescribes qualification for chief justice and other judges of Supreme
Court.
1. He/She should be citizen of India
2. He/She should have served as a judge in any high court in India at least for five
years.
3. He/She should have worked as an advocate of high court for at least 10 years

Appointment of Judges of the Supreme Court:-

The president of India is empowered to appoint the chief justice and judges the
Supreme Court in consultation with the chief justice of the supreme court and
the high court of the states.

Salaries of the Judges

As per the constitution the salaries allowances and pension of the judges of the
Supreme Court are charged to the consolidated fund of India.
1. Beginning Chief justice was given salary of 10,000/- per month and other
judges was given salary of 9000/- per month.
2. As per the 44th amendment to the constitution in 1978 the salary and other
allowances have to be given as determined by the parliament from time to time.
3. 1998 chief justice was given salary of 33,000/- per month other judges was
given salary of 30,000/- per month.
4. The chief justice and other judges are provide with a rent free well-furnished
residential accommodation
5. They are entitling to medical, transportation. Telephone and pension facilities.
6. Present salary for Chief Justice is 1,00,000/- and other judges 90,000/-

Bar on practice after retirement:-

Article 124(7) No supreme court judge shall be plead or act in any court or before
any authority in the country after retirement.

Power and Jurisdiction of the Supreme Court:-

Original Jurisdiction:-
1. Under Article 131, the Supreme Court has the original jurisdiction.
2. The original jurisdiction is exclusive because no other court has the power to
entertain such disputes.
1. The central government and one or more states
2. Two or more states(Between the states)
3. The government of India or more other states on the other

3. To maintain the integrity of nation.

4. The original jurisdiction of the supreme court also extended to cases of
violation of fundamental rights (habeas corpus, mandamus, prohibition, quo-
warranto
5. The transfer of judges for one high court to other high court
 6. The dispute of election to the office of the president and vice-president.

Appellate Jurisdiction (Article 132):-

Appellate jurisdiction refers to the power and authority to hear and decide cases which
have previously been decided by lower court. The Supreme Court also has powers to
receive the appeals against the judgement by the lower court.
1. Civil and Criminal matters
2. If the high court for accused person given death sentenced, that cases can appeal to
Supreme Court.

Advisory Jurisdiction:
The president of India may seek the advisory opinion of the Supreme Court
judges on any matters of public importance and regarding treaties and
agreements, law matter etc. However such advice is not binding on the
president. The advice of the Supreme Court is purely advisory in nature and it
is up to the executive to accept it or not.

Public interest Litigation (PIL)

1. Where a factory, industrial unit is causing air pollution and people nearly
are getting affected.
2. Area/ street where no street lights causing inconvenience to the public
3. A function hall plays a loud music, in nights caused noise pollution.
4. Where poor people are affected because of state government decision to
impose heavy taxes.
5. Some of them using child labour (abolishing the child labour)

Attorney General of India:

Attorney general of India is appointed by the president. The person to be

appointed as A.G must to be appointed as a judge of supreme court. He is the
first Law officer of the government of India. His duty shall to be give advice on
such legal matters and to perform such other duties of a legal character as
assigned to him by the president.
The attorney general of India acts as the chief legal advisor to the government
of India