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Questions and Answers
Who is responsible for the election of the President according to Article 54?
Who is responsible for the election of the President according to Article 54?
- The Electoral Commission of India
- The Prime Minister and the Council of Ministers
- The Chief Justice and the Supreme Court judges
- An electoral college consisting of elected members of both Houses of Parliament and State Legislative Assemblies (correct)
Which list allows Parliament and State Legislature to legislate on concurrent matters?
Which list allows Parliament and State Legislature to legislate on concurrent matters?
- State List
- Concurrent List (correct)
- Exclusive List
- Union List
What type of procedure is involved in impeachment proceedings in Parliament?
What type of procedure is involved in impeachment proceedings in Parliament?
- Judicial review process
- Legislative procedure
- Quasi-judicial procedure (correct)
- Administrative review
Which articles detail the legislative procedure for making rules in Parliament and State Legislature?
Which articles detail the legislative procedure for making rules in Parliament and State Legislature?
What power does Article 248 grant concerning legislation not enumerated in the lists?
What power does Article 248 grant concerning legislation not enumerated in the lists?
What is the impact of judicial intervention in legislative proceedings?
What is the impact of judicial intervention in legislative proceedings?
Which function can the Legislature not perform regarding the Executive?
Which function can the Legislature not perform regarding the Executive?
In which scenario can both Houses of Parliament legislate together?
In which scenario can both Houses of Parliament legislate together?
What principle did the Supreme Court apply to strike down the ordinance making power of the President?
What principle did the Supreme Court apply to strike down the ordinance making power of the President?
Which article allows the Supreme Court to regulate its own proceedings?
Which article allows the Supreme Court to regulate its own proceedings?
How many ordinances were created in Bihar between 1967 and 1980 according to the Supreme Court's ruling?
How many ordinances were created in Bihar between 1967 and 1980 according to the Supreme Court's ruling?
What did the Supreme Court consider an unconstitutional act regarding the ordinance making power?
What did the Supreme Court consider an unconstitutional act regarding the ordinance making power?
Which of the following best describes the Supreme Court's view on the Executive's role in relation to the Legislature?
Which of the following best describes the Supreme Court's view on the Executive's role in relation to the Legislature?
What type of power was held to be a 'fraud upon the Constitution' by the Supreme Court?
What type of power was held to be a 'fraud upon the Constitution' by the Supreme Court?
Which provision allows the High Court to issue general rules for its proceedings?
Which provision allows the High Court to issue general rules for its proceedings?
What is a consequence of the Supreme Court's decision regarding the ordinance making power?
What is a consequence of the Supreme Court's decision regarding the ordinance making power?
What granted Parliament the authority to enact the Judges (Inquiry) Act 1968?
What granted Parliament the authority to enact the Judges (Inquiry) Act 1968?
Which of the following features of the Constitution is considered a basic structure that cannot be amended?
Which of the following features of the Constitution is considered a basic structure that cannot be amended?
What does Article 368 relate to in the context of constitutional amendments?
What does Article 368 relate to in the context of constitutional amendments?
What was the Supreme Court's ruling in the Minerva Mills v Union of India case regarding judicial review?
What was the Supreme Court's ruling in the Minerva Mills v Union of India case regarding judicial review?
Which constitutional article makes fundamental rights enforceable in the courts?
Which constitutional article makes fundamental rights enforceable in the courts?
What does the term 'judicial intervention in legislature' generally refer to?
What does the term 'judicial intervention in legislature' generally refer to?
What was a significant consequence of the 42nd Amendment concerning judicial power?
What was a significant consequence of the 42nd Amendment concerning judicial power?
Why is it challenging to maintain the judiciary's independence from the executive?
Why is it challenging to maintain the judiciary's independence from the executive?
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Study Notes
Legislative Powers
- State Legislature has exclusive power over matters in List II (State List) per Articles 245 and 246.
- Parliament maintains exclusive authority to legislate on matters in List I (Union List).
- For subjects not covered under the Concurrent List or State List, Parliament can legislate under Article 248.
Legislative Procedure
- Parliament regulates its procedure and business conduct, as per Article 118.
- State Legislature also establishes its procedural rules under Article 208.
Election of President
- President elected by an electoral college comprising members from both Houses of Parliament and elected members from State Legislative Assemblies (Article 54).
Impeachment Proceedings
- Impeachment is a quasi-judicial process where one House can charge the other House with constitutional violations, which may be investigated.
- The Supreme Court outlined standards for the President's ordinance power, including vagueness and public interest concerns.
Ordinance Making Power
- Supreme Court viewed repeated repromulgation of ordinances as unconstitutional, undermining democratic processes (Wadhwa v. State of Bihar).
- In a time span from 1967 to 1980, Bihar enacted 256 ordinances, some repeatedly with Presidential consent, deemed as misuse of power.
Interference of Judiciary in Legislature
- Supreme Court can dictate general rules and procedures for its own practice, as stipulated in Articles 145 and 227.
- High Courts also have the authority to create procedural rules for their operations.
- The Judges (Inquiry) Act 1968 allows the removal of judges based on misbehavior or incapacity.
Separation of Powers and Judicial Review
- Article 13 enforces fundamental rights; laws inconsistent with these rights are void.
- Judicial review is exercised by the Supreme Court under Article 32 and by High Courts under Article 226, allowing them to declare laws unconstitutional if they violate fundamental rights.
- Basic structure doctrine prohibits Parliament from amending essential constitutional features, such as sovereignty and federalism.
- 42nd Amendment attempted to limit judicial review after the Smt. Indira Nehru Gandhi v. Raj Narain case, although ultimately affirmed in Minerva Mills v. Union of India that judicial review is a basic feature of the Constitution.
Influence of Judiciary on Executive
- The interplay between the judiciary and executive poses challenges in maintaining the independence of the judiciary amidst increasing executive power.
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