Indian Parliament & Legislature PDF

in this module, we\'ll explore the **Constitutional framework** for legislatures in India, including the **composition, privileges, and procedures** for passing laws in **Parliament** and **state legislatures**. Since many aspects are similar in both Parliament and state legislatures, we\'ll focus o...

in this module, we\'ll explore the **Constitutional framework** for legislatures in India, including the **composition, privileges, and procedures** for passing laws in **Parliament** and **state legislatures**. Since many aspects are similar in both Parliament and state legislatures, we\'ll focus on Parliament, noting any differences with state legislatures. **Federal Structure and the Seventh Schedule** India, as a federal nation, has legislatures at both the **Union (national)** and **state** levels. Each operates within its assigned sphere as per the **Seventh Schedule**, which divides legislative powers into: 1. **Union List** - areas where only the Union can legislate, 2. **State List** - areas under state jurisdiction, 3. **Concurrent List** - areas where both Union and state legislatures can make laws. **Structure of the Indian Parliament** India's Parliament is **bicameral**, meaning it has two houses: - **Lok Sabha** (House of the People), - **Rajya Sabha** (Council of States). As per **Article 79** of the Constitution, **Parliament consists of Lok Sabha, Rajya Sabha, and the President**. **Lok Sabha vs. Rajya Sabha** - **Lok Sabha** represents **directly elected members** from various constituencies across India. It's considered the **lower house** and represents the people. - **Rajya Sabha** represents the **states** and is indirectly elected by state legislators, making it the **upper house** or the representative body of states. **Composition of the Houses** 1. **Rajya Sabha** (Article 80): - Maximum members: **250**. - **238 elected members** representing states and union territories, with **12 nominated members** chosen by the President for their contributions to fields like literature, science, art, and social service. - Seats are allocated based on **state population** and are mentioned in the **Fourth Schedule** of the Constitution. 2. **Lok Sabha** (Article 81): - Maximum members: **550**. - **530 seats for states** and **20 for union territories**. - Members are **directly elected** from specific constituencies. **Terms of Office** - **Lok Sabha**: 5-year terms, with the house **dissolving every five years** for new elections. - **Rajya Sabha**: Members have **6-year terms**, with **one-third retiring every two years** to ensure continuity, as the Rajya Sabha is a **permanent body**. **Qualifications** To be elected to either house, a candidate must: - Be an **Indian citizen**, - Be at least **25 years old** for Lok Sabha and **30 years old** for Rajya Sabha, - Take an **oath** as specified by the Election Commission. This covers the essentials of India's legislative framework, focusing on Parliament's structure and functions, along with the differences between the Union and state legislatures. ### Types of Bills in Parliament A bill in Parliament can be introduced by the government or any other member. However, it\'s much harder for a private member\'s bill to pass since it requires majority support. We'll focus on bills introduced by the government, which fall into three main categories: 1. **Ordinary Bills** 2. **Money Bills** 3. **Finance Bills** #### Ordinary Bills The process for passing ordinary bills is detailed in Article 107 of the Constitution. Here's a step-by-step look at how it works: 1. **Introduction**: An ordinary bill can be introduced in either the Lok Sabha or Rajya Sabha by the concerned minister. 2. **Consideration**: Members discuss the bill, sometimes sending it to a parliamentary committee for review. Amendments may also be proposed. 3. **Voting**: Once all amendments are considered, the bill goes to a vote. If it passes in one house, it moves to the other. 4. **Final Approval**: After both houses pass the bill, it goes to the President. Once the President gives assent, it becomes law. If there is disagreement between the Lok Sabha and Rajya Sabha, a **joint session** can be called by the President to resolve the issue, where members from both houses vote together. #### Money Bills According to Article 110, money bills deal specifically with financial matters like taxes, borrowing, or using funds from the Consolidated Fund of India. Key points: 1. Money bills can only be introduced in the **Lok Sabha**, with the **President\'s recommendation**. 2. After passing in the Lok Sabha, the bill goes to the Rajya Sabha, which can only make recommendations. The Lok Sabha may accept or reject these. 3. If the Rajya Sabha doesn't return the bill within 14 days, it's automatically considered passed. The **Speaker of the Lok Sabha** decides if a bill qualifies as a money bill, which then carries a certificate confirming its status. #### Finance Bills Finance bills are covered under Article 117. They include aspects of a money bill but also address additional matters. For instance, a finance bill might handle both tax regulations and the establishment of a new agency, combining money-related issues with non-financial provisions. Unlike money bills, the Rajya Sabha has full rights to amend finance bills. ### State Legislature The procedure for passing bills in state legislatures is similar to Parliament, including aspects like **composition**, **qualifications**, **privileges**, and **disqualification** of members. This concludes the overview of the types of bills and the legislative process in Parliament and states. The President of India is a pivotal figure in the country\'s governance, symbolizing unity, solidarity, and integrity. Here's an overview of the President's appointment, powers, and impeachment: **Appointment of the President** - The President of India is not directly elected by the people. Instead, an **electoral college** elects the President. This college includes: - Elected members of both the **Rajya Sabha** (Council of States) and **Lok Sabha** (House of the People). - Members of the legislative assemblies of the **States** and **Union Territories** (like Delhi and Puducherry). **Qualifications for the President** As per **Article 58** of the Indian Constitution, a candidate for President must meet the following criteria: 1. The candidate must be an **Indian Citizen**. 2. The candidate must be at least **35 years old**. 3. The candidate must meet the conditions to be elected as a member of the **Lok Sabha**. 4. The candidate must not hold any **office of profit** under the central or state government. Once elected, the President serves a term of **5 years**. The term can extend if no new elections are held or another president is elected. **Powers of the President** The President of India has significant powers, broadly categorized as follows: 1. **Executive Powers**: - **Appointment of the Prime Minister**: The President appoints the Prime Minister, typically the leader of the majority party in the **Lok Sabha**. In certain situations, the President may exercise discretion in this decision. - **Council of Ministers**: The President appoints the **Council of Ministers** based on the advice of the Prime Minister. These powers are outlined in the Constitution of India under Articles **52-78**, which also covers the President\'s impeachment process and functions. **Executive Powers:** 1. **Appointments**: The President has the power to appoint ministers, the Chief Election Commissioner, judges of the Supreme Court, governors, members of various commissions (like the Finance Commission and UPSC), and other significant positions like the Controller and Auditor General (CAG). 2. **Military Command**: The President is the supreme commander of the Indian Armed Forces and takes all major military decisions in their name. 3. **Dismissal Powers**: The President can dismiss ministers based on the advice of the Prime Minister. **Legislative Powers:** 1. **Summoning and Proroguing Parliament**: The President can summon and prorogue sessions of Parliament and dissolve the Lok Sabha. 2. **Addressing Parliament**: The President addresses Parliament at the beginning of the first session after general elections and annually in the first session of the year. 3. **Assent to Bills**: The President gives assent to bills passed by both houses of Parliament, can withhold assent or return a bill for reconsideration, and in certain cases, may seek the opinion of the Supreme Court. 4. **Promulgation of Ordinances**: The President can promulgate ordinances when Parliament is not in session and urgent legislation is needed. **Financial Powers:** 1. **Money Bills**: The President\'s assent is required for money bills to become law, and they cannot withhold assent to such bills. 2. **Budget and Financial Emergency**: The President plays a key role in the approval of the annual budget and can declare a financial emergency if India's financial stability is threatened. **Judicial Powers:** 1. **Appointment of Judges**: The President appoints judges to the Supreme Court and High Courts, following consultation with relevant authorities, including the Chief Justice of India. **Conclusion:** The President of India holds substantial executive, legislative, financial, and judicial powers. However, many of these powers are exercised on the advice of the Prime Minister or other key figures, particularly in the context of the government's operations. 1. **Appointment Powers**: - The President appoints members to the Rajya Sabha and Lok Sabha, while the Governor appoints members from specific fields such as science, literature, and social service in the Legislative Council. - Governors have a say in the composition of the Legislative Assembly and the introduction of bills in the state legislature. 2. **Financial Powers**: - The Governor oversees the state budget, requires their recommendation for money bills, and administers the state\'s contingency fund for unforeseen expenses. - The Governor also appoints the State Finance Commission every five years. 3. **Judicial Powers**: - The Governor has pardoning powers, including the ability to grant reprieves and commutations. - The Governor consults with the President when appointing judges to the High Court and plays a role in judicial appointments within the state. 4. **Impeachment Process**: - Governors can be removed by the President on the advice of the Prime Minister, but there is no formal impeachment process for a Governor like for the President. - The process can involve resignation, transfer to another state, or removal without an impeachment procedure. - The decision is typically political, based on the advice of the Union government, and must not be arbitrary. This process reflects the role of Governors in balancing federal and state authority, often involving political considerations. - **Prime Minister (PM):** The PM is the head of the government and holds paramount importance. The PM is usually the leader of the majority party in the Lok Sabha (the lower house of Parliament) and is appointed by the President of India. The PM is responsible for leading the executive branch, coordinating the government\'s policies, and overseeing the functioning of government departments. - **Council of Ministers:** This body consists of ministers appointed by the Prime Minister. These ministers are experts in different policy areas (like Finance, Foreign Affairs, Defense, etc.) and help in implementing government decisions and policies. - **Appointment of Prime Minister:** Article 75 of the Indian Constitution outlines that the PM is appointed by the President. While the PM is typically the leader of the party with the majority in the Lok Sabha, the President can exercise discretion in appointing the PM when no party has a clear majority. - **Oath of Office:** Upon taking office, the Prime Minister swears an oath of allegiance to the Constitution of India, promising to uphold its sovereignty and integrity, along with maintaining secrecy regarding official matters. - **Term of Office:** The Prime Minister does not have a fixed term; they hold office as long as they have the majority support in the Lok Sabha. The President can dismiss the PM if they lose the confidence of the majority. - **Powers and Functions:** The Prime Minister plays a crucial role in formulating policies and leading the Cabinet. They set the direction of government policies on issues such as economic, social, and foreign affairs. This provides a comprehensive overview of the PM's role and the functioning of the government in India, underlining their leadership in shaping policy and governance. 1. **Prime Minister\'s Responsibilities:** - **Cabinet Leadership:** The Prime Minister chairs the Cabinet meetings, making decisions on crucial matters. - **Appointing Ministers:** The Prime Minister appoints ministers to various government departments, allocating portfolios based on expertise. - **Legislative Role:** Participates in the legislative process, proposing bills and policies, and delivering speeches in Parliament. - **Foreign Policy:** Represents the country in international affairs, engages in diplomacy, and negotiates with other nations. - **Crisis Management:** Takes charge in times of crisis such as natural disasters or security threats. - **Budgetary Authority:** Works with the finance minister to allocate resources and set financial priorities. - **Public Communication:** Serves as the key spokesperson for the government, addressing the public and media. - **Constitutional Advisor:** Advises the President on constitutional matters. - **Symbolic Roles:** In certain cases, serves as the head of the Armed Forces and nuclear command authority. 2. **Eligibility and Authority of the Prime Minister:** - The Prime Minister is the leader of the majority party and holds a superior position within the Cabinet. - The Prime Minister is appointed by the President, and their role is critical for government functioning, with a vacancy causing a government crisis. - **Articles Related to the Prime Minister:** - **Article 74:** Deals with the Council of Ministers and their powers to advise the President. - **Article 75:** Specifies the appointment of the Prime Minister and other ministers. - **Article 78:** Details the Prime Minister's duty to communicate with the President on matters of governance. 3. **Council of Ministers:** - Comprising various ministers, the Council is responsible for formulating policies, managing crises, and representing the country on the international stage. - The Prime Minister heads the Council and coordinates government actions. - Ministers are appointed by the Prime Minister and are accountable to Parliament. The summary highlights the importance of the Prime Minister\'s role in the Indian political system, emphasizing leadership, decision-making, and governance responsibilities within the framework of the Indian Constitution. 1. **Council of Ministers (Article 74 & 75)**: - The President of India appoints the Prime Minister, who then recommends the appointment of other ministers. The total number of ministers cannot exceed 15% of the Lok Sabha\'s strength. - Ministers who are not members of Parliament for six consecutive months lose their positions. - The President must act according to the advice of the Council of Ministers, and courts cannot question the advice given. 2. **Government Business (Article 77)**: - The President establishes guidelines for the conduct of government business and its distribution among ministers. 3. **Duties of the Prime Minister (Article 78)**: - The Prime Minister informs the President of all decisions related to Union administration and legislative matters. 4. **Ministers\' Rights (Article 88)**: - Ministers have the right to speak in the Parliament but cannot vote in its proceedings. 5. **Types of Ministers**: - The text outlines four categories of ministers: Cabinet Ministers, Ministers of State with independent charge, Ministers of State, and Deputy Ministers. 6. **Legislative Power**: - Ministers play a crucial role in the legislative process by proposing and piloting legislation. Bills not supported by the Council of Ministers cannot pass. 7. **Executive Power**: - The Council of Ministers exercises executive powers, develops policies, coordinates with the Prime Minister, and ensures that these policies are approved by Parliament. 8. **Emergency Powers**: - The President, under the advice of the Prime Minister and the Council of Ministers, may declare an emergency. The entire Council of Ministers is collectively accountable for the success or failure of policies. 9. **Conclusion**: - The Prime Minister and the Council of Ministers form the backbone of India\'s executive branch, balancing leadership and expertise. They work collaboratively to shape policies, manage government functions, and address national challenges. This presentation highlights the central role of the Prime Minister and the Council of Ministers in India\'s parliamentary system, their duties, and their legislative and executive powers. 1. **Role of the Chief Minister**: - The Chief Minister (CM) is the head of the state government, similar to the Prime Minister at the national level. The CM is appointed by the Governor and is assisted by a Council of Ministers. - The CM is the de facto executive, meaning they have actual power, whereas the Governor is the nominal head. - The CM\'s appointment is based on the majority party in the state legislature. If no party has a clear majority, the Governor can use discretion to appoint a CM. 2. **Appointment of Chief Minister**: - The Governor appoints the CM, and in cases where no party has a majority, the Governor may appoint the leader of the largest party or coalition. - If the CM resigns or dies, the Governor can appoint a new CM. A person not part of the legislature can also be appointed but must be elected within six months. 3. **Eligibility of Chief Minister**: - The CM must be an Indian citizen, at least 25 years old, and a member of the state legislature. 4. **Tenure of Chief Minister**: - The tenure of the CM is not fixed and is based on the Governor\'s discretion. However, they can be removed if they lose the confidence of the legislative assembly. 5. **Functions of the Chief Minister**: - **In relation to the Council of Ministers**: The CM heads the Council of Ministers, recommends ministerial appointments, and can ask ministers to resign. - **In relation to the Governor**: The CM communicates the decisions of the Council of Ministers, reports on administrative matters, and advises the Governor on appointments. - **In relation to the State Legislature**: The CM is the leader of the House, advises on summoning or dissolving the legislature, and announces government policies. 6. **Other Powers**: - The CM chairs the state planning board, is a member of several councils and committees, and represents the state in national forums. - The CM is the chief spokesperson of the state government and manages crises or emergencies within the state. This detailed overview of the Chief Minister's role and the structure of governance in India highlights the significance of the CM as the central figure in the state government. 4o mini ##### You said: he segment discusses the roles and responsibilities of the Chief Minister and the Council of Ministers at the state level, emphasizing their impact on governance and administration. Here\'s a breakdown of the key points: 1. **Policy Formulation and Legislation**: The Chief Minister and the Council of Ministers formulate policies, propose bills, and work on their enactment. They are involved in legislative debates and aligning laws with the state\'s agenda. 2. **Administration**: The ministers, each responsible for specific portfolios (like health, education, or finance), oversee the implementation of policies and laws within their areas of responsibility. 3. **Budgetary Decisions**: The Council of Ministers is responsible for preparing and presenting the state budget, ensuring that financial resources are allocated effectively to various sectors. 4. **Local Governance**: Ministers often oversee local governance matters, including municipalities and panchayats, ensuring the effective implementation of policies at the grassroots level. 5. **Coordination**: Ministers collaborate across departments to ensure the cohesive functioning of the state government. 6. **Representation**: The ministers represent the state in various forums, including meetings with other states, the central government, and international events. 7. **Crisis Management**: The Council plays a critical role in managing crises such as natural disasters or emergencies, coordinating relief efforts, and ensuring public safety. 8. **Development Planning**: The ministers are involved in planning and executing development projects aimed at improving infrastructure, economic growth, and overall well-being. 9. **Advisory Role**: They provide expert advice to the Chief Minister, contributing to decision-making processes. 10. **Collective Responsibility**: Ministers are collectively responsible for the actions of the state government. If a no-confidence motion is passed in the legislature, all ministers must resign. The **legal framework** that governs these activities includes articles like 163 (Council of Ministers to aid and advise the governor), 164 (other provisions related to ministers), and 166 (conduct of state government business). In conclusion, the Chief Minister and the Council of Ministers play an essential role in the governance and administration of the state. They handle policy formulation, legislation, budgetary decisions, crisis management, and more. Their success depends on effective coordination, responsiveness to public needs, and the ability to plan strategically. 4o mini Top of Form Bottom of Form 1. **Introduction to CAG\'s Role**: - The Controller and Auditor General (CAG) of India plays a crucial role in auditing government financials and ensuring accountability, transparency, and good governance. - The video discusses some of the most influential audits conducted by the CAG over the years. 2. **Notable CAG Audits**: - **2G Spectrum Allocation (UPA Government)**: The CAG revealed that the allocation of 2G Spectrum licenses resulted in a presumed loss of Rs. 1.76 lakh crore. This led to public outcry, investigations, and policy changes in the telecom sector. - **Coal Block Allocation (Coalgate Scam)**: The audit highlighted the loss of Rs. 1.86 lakh crore due to the government\'s non-auction policy for coal blocks, which resulted in inefficiencies and calls for reform. - **Rafale Fighter Jet Deal**: The CAG report noted that the Rafale deal was 2.86% cheaper than the previous deal, highlighting the challenges in auditing defense procurement. - **Pegasus Spyware Expenditure**: In 2021, the CAG audited the expenditure related to the controversial Pegasus spyware, which raised privacy and surveillance concerns. 3. **Impact on Policy and Governance**: - The findings of CAG audits have a profound impact on policy changes and legislative actions. - Parliamentary committees like the Public Accounts Committee (PAC) and the Committee on Public Undertakings (COPU) review CAG reports, leading to discussions, reforms, and sometimes the formulation of new laws or amendments to existing ones. - CAG reports also expose financial irregularities, corruption, and mismanagement, often resulting in corrective actions from government agencies. 4. **Conclusion**: - CAG\'s audits play an indispensable role in upholding financial accountability and transparency in India, contributing to improved governance practices. This video highlights the key audits and their impact on India\'s governance, reinforcing the significance of the CAG in promoting transparency and addressing inefficiencies within the government. 4o mini Top of Form Bottom of Form - **Federal Structure in India**: - The Indian Constitution is federal in nature, though its exact form is debated. - The Indian system has been described as a **federation with centralizing tendencies**, a **unitary system with federal features**, and a **quasi-federal system**. - **Key Features of Indian Federalism**: - Division of powers between the **center** and the **states** is guaranteed in the Indian written Constitution. - The **independent judiciary** ensures the justifiability of power distribution. - Unlike other federations, India has an **integrated judiciary** that handles cases involving both Central and State laws. - **Reasons for India\'s Unique Federal Structure**: - The Constitution was designed to suit India's needs and ensure a balance between unity and diversity. - The system does not follow the typical federal model used by other countries. - **Political Systems Around the World**: - Political systems can be broadly classified as **unitary** or **federal**: - **Unitary system**: Power is concentrated at the **national** level, with limited or devolved regional powers. - **Federal system**: Power is divided between two levels of government (central and state). - Examples of unitary systems: **France, China, Japan, Britain**. - **Federal structure**: Features a **division of powers** between two or more levels of government, often enshrined in a **written constitution**. - **Common Features of Federal Systems**: - **Division of powers** between at least two levels of government (e.g., **Union** and **State**). - A **written constitution** detailing the powers and organization of government. - A **rigid constitution** that makes it hard to alter the power distribution. - **Supremacy of the Constitution** with an independent judiciary for judicial review. - **Examples of Federal Systems**: - Countries with a federal system include the **USA, Switzerland, Australia, Canada, and Brazil**. - **Indian Constitution's Federal Features**: - The **Indian Constitution is written** and **rigid**, with **470 articles** divided into **25 parts** and **12 schedules**. - **Vertical division of powers**: Powers are divided between the **center** and the **states** based on **territory** and **subjects of legislation**. - The **dual polity**: **Central** and **State** governments operate independently in their respective areas. - **Key Constitutional Provisions**: - **Article 245**: Deals with territorial division of powers between the center and the states. - **Article 246 & Seventh Schedule**: Deals with the division of powers based on **subjects of legislation**. - The **Seventh Schedule** divides legislative subjects into: - **Union List**: Subjects under the exclusive jurisdiction of the central government. - **State List**: Subjects under the exclusive jurisdiction of state governments. - **Concurrent List**: Subjects that can be legislated by both the center and the states. - **Supremacy of the Constitution**: - The Indian Constitution is the supreme law, meaning any law or executive action must conform to it. - **Amendments** to the Constitution are possible, but changes affecting the federal structure require ratification by states. - **Methods of Amendment**: - The Indian Constitution provides three methods for amendments. - Changes that affect the federal structure are more difficult to amend and require the ratification of states. **Highlighted Points:** - India\'s federal structure is a unique blend of **unitary and federal features**. - The **Indian Constitution** is written, rigid, and supreme, which ensures a clear division of powers. - Judicial review is a critical part of maintaining the balance of power between the center and the states. 4o mini **Introduction to Legislative Powers** - The Indian Constitution divides legislative, administrative, and financial powers between the Center and the States. - Three categories of relations: - **Legislative Relations**: Covered under Articles 245 to 255. - **Administrative Relations**: Covered under Articles 256 to 263. - **Financial Relations**: Covered under Articles 268 to 293. **Territorial Legislative Powers (Article 245)** - **Central Legislature (Parliament)** can make laws for the entire territory of India, including states, union territories, and any other areas declared as part of India\'s territory. - **State Laws** apply only within the territorial limits of the state but can extend to areas with sufficient connection (territorial nexus) to the state. **Bifurcation of Powers (Article 246)** - The legislative powers are divided on the basis of **subjects**: - **Union List (List 1)**: Exclusive power to Parliament over national issues (e.g., defense, currency, foreign loans). - **State List (List 2)**: Exclusive power to states over regional and local issues (e.g., public health, agriculture, public order). - **Concurrent List (List 3)**: Both Parliament and State Legislatures can legislate over these subjects (e.g., criminal law, education, marriage). **Residuary Powers (Article 248)** - Any subject not covered by the Union, State, or Concurrent Lists falls under the **residuary powers** of Parliament (Article 248, Entry 97). **Priority of Laws (Article 246)** - In case of overlap between laws made by the Center (Union List) and the States (State List), the **Central laws prevail**. - In case of conflict between **Concurrent List** and **State List** laws, the **Concurrent List** laws have precedence. **Repugnancy Doctrine (Article 254)** - If there is a conflict between a law made by Parliament and a State Legislature over the same subject in the **Concurrent List**, the **Parliamentary law prevails**, unless: - The state law is reserved for **Presidential assent**, in which case the **state law prevails**. - **Parliament can override** a state law through subsequent legislation. **Exceptional Situations Allowing State Laws** - Certain conditions allow **Parliament** to legislate on subjects in the **State List**: 1. **Article 249**: If the Rajya Sabha passes a resolution by a two-thirds majority, allowing Parliament to legislate on state matters for national interest. 2. **Article 250**: During **National Emergency** (Article 352), Parliament can legislate on state matters. 3. **Article 252**: If two or more states pass a resolution to enable Parliament to legislate on state subjects. 4. **Article 253**: Parliament can legislate for implementing international treaties and conventions.  **Introduction to Indian Judiciary** - The judiciary plays a key role in interpreting and applying the law. - It adjudicates disputes between citizens, and between citizens and the state. - In a country with a written Constitution, courts safeguard the Constitution's supremacy by interpreting its provisions and ensuring authorities remain within constitutional limits.  **Structure of Judiciary in India** - **Independent and Integrated System**: India has a unified judicial system unlike other federations. - **High Courts**: These are at the state level, with subordinate courts under each High Court.  **Supreme Court** - The Supreme Court is the highest court of appeal in India and interprets the Constitution. - It plays a vital role in safeguarding fundamental rights and maintaining uniformity of law across the country.  **Federal Constitution and Disputes** - The Constitution divides powers between the central and state governments. - Disputes regarding powers often arise due to ambiguities in the Constitution, necessitating an independent authority to resolve these disputes (the Supreme Court).  **Composition of the Supreme Court** - The Supreme Court consists of the Chief Justice and up to 34 judges (as prescribed by law). - **Bench Requirements**: At least five judges are required to decide constitutional interpretation cases. - **Majority Decision**: A judgment is delivered only with the concurrence of the majority of judges. - In case of disagreement, the matter is referred to the Chief Justice for a larger bench.  **Appointment of Judges** - Judges are appointed by the President of India, after consultation with the Chief Justice and other judges. - **Executive\'s Role**: The President\'s power to appoint judges is formal, and the executive consults qualified individuals. - **Concerns of Political Influence**: There is concern that politics may influence judicial appointments, but the Constitution mandates consultation with the Chief Justice.  **Removal of Judges** - Judges can be removed through impeachment for proved misbehavior or incapacity. - The process involves a resolution passed by Parliament with a two-thirds majority. - **Investigation Process**: The investigation into misbehavior or incapacity is conducted by a committee formed by the Speaker/Chairman of the Parliament.  **Powers and Functions of the Supreme Court** - **Jurisdiction**: The Supreme Court has ordinary, appellate, and advisory jurisdiction. - **Article 131**: It settles disputes between the center and states or between states. - The Supreme Court's original jurisdiction does not entertain suits brought by private individuals against the government of India. - **Introduction to UPSC**: - The Union Public Service Commission (UPSC) is central to India's governance and appointing top-tier government officials. - It conducts various examinations, including the prestigious Civil Services Examination. - The UPSC ensures a **transparent, merit-based selection** process. - Plays a key role in upholding the **Constitution of India**, ensuring values like **Justice**, **Liberty**, **Equality**, and **Fraternity**. - **Historical Background of Civil Services in India**: - In the **East India Company** era, civil servants were nominated and trained in **Haldbury College** (London). - In **1854**, after Lord **Mull\'s Report**, a merit-based civil service system was introduced. - The **Civil Service Commission** was set up in London, and competitive exams began in **1855**. - Early exams were conducted **only in London**, with age limits between **18-23 years**, and a syllabus focused on **European Classics**, which made it difficult for Indian candidates. - **1864** saw **Satyendra Nath Tagore** becoming the first Indian to succeed in these exams. - **1922**: Civil Service exams started being held in India, first in **Allahabad**, then later in **Delhi**. - **Roots of Public Service Commission in India**: - The idea for a permanent commission came from the **1919 Government of India Act**, which addressed the regulation of service matters. - The **Public Service Commission** was set up on **October 1, 1926**, with **Sir Ross Barker** as the first chairman. - The commission\'s functions were initially governed by the **Public Service Commission Functions Rules of 1926**. - With the enforcement of the **Indian Constitution** in **1950**, the Federal Public Service Commission became the **Union Public Service Commission (UPSC)**. - **Constitutional Bodies**: - **Constitutional bodies** derive their authority from the **Indian Constitution**. Changes to them require constitutional amendments. - Examples of constitutional bodies: **UPSC**, **Finance Commission**, **Election Commission**, **CAG**, **National Commission for Scheduled Tribes**, and **National Commission for Backward Classes**. - **State Public Service Commissions (SPSCs)** exist for individual states and sometimes for joint groups of states. - **Next Steps**: - Further exploration of the functioning and role of the **UPSC** and **State Public Service Commissions** in future videos.  **Historical Context**: - The previous discussion focused on the historical evolution of civil services in India, starting from the colonial era, and the role of the Public Service Commission (PSC). - The constitutional bodies, especially the **Union Public Service Commission (UPSC)**, were also discussed in relation to their historical significance and role.  **Constitutional Framework**: - Articles **315-323** of Part 14 of the Indian Constitution detail the functioning and powers of the PSC, including composition, appointments, removal procedures, and independent authority.  **Key Articles**: - **Article 315**: Provides for the establishment of the Union and State PSCs. - **Article 316**: Discusses the **appointment** of members to the PSC: - **Clause 1**: The President or Governor appoints members. - **Clause 2**: Multiple states can share a PSC if a resolution is passed. - **Clause 4**: PSC for the Union may serve state needs with approval from the President.  **Functioning of UPSC**: - The **UPSC** plays a crucial role in ensuring **meritocracy, fairness, and transparency** in India\'s administration. - A deeper understanding of the commission\'s role is necessary for grasping India\'s governance structure.  **Appointment of Members**: - **Article 316**: The President appoints the chairman and members. - The **chairman** and **members** may serve **6 years** or until the age of **65** (for UPSC) or **62** (for State PSCs). - **Half of the members** must have held **public office** for at least **10 years** before their appointment (official members), while the other half need not have such qualifications (non-official members).  **Doctrine of Pleasure**: - The **Doctrine of Pleasure**, which applies to civil servants, does not apply to **constitutional appointments** (such as PSC members).  **Grounds for Removal**: - **Article 317** details the grounds for removal of members: - Misbehavior, as determined by a **Supreme Court inquiry**. - Automatic disqualification under specific conditions (e.g., insolvency, engaging in paid employment outside official duties, unfitness due to physical or mental health issues).  **Illustrations**: - A member appointed at age 56 will serve for **6 years**; a member appointed at age 61 will serve only until age **65**. - **Resignation** is possible at any time by addressing the President.  **Disqualifications and Misbehavior**: - The President can remove a member from the UPSC if they are found **unfit** or guilty of **misbehavior**, without needing a Supreme Court report in some cases.  **UPSC\'s Functions**: - The UPSC is responsible for conducting examinations for appointments to the services of the Union and the states. - It assists states in framing and operating joint recruitment schemes when required. - The UPSC provides advisory services on matters such as methods of recruitment, appointments, promotions, transfers, and disciplinary actions within the civil services. - It also provides advice on matters related to legal claims, pensions, and other civil service-related issues.  **Advisory Functions**: - The UPSC advises on recruitment methods, principles of appointments and promotions, disciplinary matters, and claims for legal expenses or pension awards for civil servants. - However, its advice is not binding, and the government is not required to follow it blindly.  **Exemptions from UPSC Consultation**: - Consultation with the UPSC is not required in matters related to reservations for backward classes or claims of Scheduled Castes and Scheduled Tribes, as per specific constitutional articles (Articles 16(4) and 335).  **Article 321**: - It gives Parliament and state legislatures the power to extend the functions of public service commissions to other bodies such as local authorities or public institutions.  **Summary of UPSC\'s Functions**: - Conducts examinations for various services. - Assists states with joint recruitment schemes. - Provides advisory opinions on recruitment, promotions, and disciplinary matters. - It also handles legal claims, pension awards, and the reemployment of retired civil servants. **Key Points from the Lecture:** 1. **Overview of the UPSC\'s Role**: - The UPSC plays a pivotal role in maintaining a merit-based system in India\'s administrative services. - It ensures fairness and transparency in recruitment and functioning in the Indian administrative framework. 2. **Key Constitutional Articles**: - **Article 322**: Discusses the funding of the UPSC (and State Public Service Commissions). Salaries, allowances, and pensions for the commission's staff and members are charged to the **Consolidated Fund of India** (for UPSC) or **the state's consolidated fund** (for state commissions). - **Article 323**: Outlines the duties of the UPSC and State PSCs, including submitting annual reports to the President or Governor, and explaining when the advice of the commission was not accepted. 3. **State Public Service Commissions**: - Like the UPSC at the central level, each state has its own Public Service Commission (SPSC), governed by Articles **315-323** of the Constitution. - **Composition**: State PSC consists of a chairman and members, appointed by the state governor. The constitution leaves the strength of the commission to the governor's discretion. - **Qualifications**: At least half of the members should have held office for 10 years either under the Government of India or a state government. 4. **Terms and Removal of PSC Members**: - **Term of Office**: Members serve a term of 6 years or until they reach 62 years of age (whichever comes first). The UPSC members serve until the age of 65. - **Removal Process**: The chairman and members of both Union and State PSCs can only be removed by the President, not the Governor, on specific grounds outlined in the Constitution. 5. **Independence of State PSCs**: - State PSCs have safeguards to ensure their independence: - Members have job security, as they can only be removed by the President. - Conditions of service cannot be changed to their disadvantage after appointment. - Their expenses, including salaries and pensions, are charged to the state's consolidated fund and are not subject to state legislature votes. 6. **Eligibility for Reappointment**: - A chairman or member of a state PSC who has completed a term is not eligible for reappointment to the same office but may serve in the UPSC or another state PSC. 7. **Comparison with the UPSC**: - The functions of the State PSCs mirror those of the UPSC, but for state-level administrative services. Both play crucial roles in ensuring the recruitment and functioning of India\'s civil services. 8. **Constitutional Bodies vs. Statutory Bodies**: - Constitutional bodies derive their powers from the Indian Constitution. - Statutory bodies derive their powers from laws or executive directions. 9. **Overview of the Election Commission**: - Established in 1950 to ensure free and fair elections in India. - Article 324 to 329 of the Indian Constitution provide the provisions relating to elections. 10. **Historical Background**: - Initially, the Election Commission was a single-member body (Chief Election Commissioner). - On 16th October 1989, two additional Election Commissioners were appointed. - In 1993, the Commission became a multi-member body with three Election Commissioners. 11. **Principles of Elections**: - **One General Electoral Roll (Article 325)**: Ensures equality and prevents creation of special electoral roles based on religion, race, caste, sex, etc. - **Adult Suffrage (Article 326)**: Every Indian citizen aged 18 or more is eligible to vote, except for those disqualified on certain grounds (e.g., crime, unsound mind). 12. **Importance of Free and Fair Elections**: - Democracy is a fundamental feature of the Indian Constitution, and free and fair elections are essential for its growth.  **Election Commission Composition**: - Composed of the **Chief Election Commissioner (CEC)** and **other Election Commissioners** (if any). - The Election Commission can also include **Regional Commissioners**, **State Election Commissions**, and **staff**.  **Jurisdiction**: - The Election Commission is responsible for elections to: - Parliament - State Legislatures - Offices of President and Vice President  **Why an All-India Body?**: - The Election Commission is a central body (not separate state bodies) to prevent discrimination and bias by state governments that may exclude outsiders from electoral rolls.  **Article 324 (Constitutional Provisions)**: - **Article 324(1)**: The Election Commission is an all-India body. - **Article 324(2)**: The Election Commission consists of a CEC and other Election Commissioners appointed by the President. - **Article 324(3)**: The CEC acts as the **chairman** of the Election Commission.  **Evolution of Election Commission**: - Initially, the Election Commission was a **single-member body**. - Over time, it became a **multi-member body** through two landmark Supreme Court cases.  **Supreme Court Cases**: - **SS Danoa Case (1991)**: - The Supreme Court upheld the creation of a multi-member Election Commission, stating that it is necessary for better functioning. - The CEC's conditions of service cannot be altered to his disadvantage, and the CEC can only be removed in the same manner as a Supreme Court judge. - **TN Shashan Case (1995)**: - The court upheld the constitutionality of a multi-member Election Commission, affirming that Article 324 envisions a body comprising of the CEC and other Election Commissioners. - The CEC does not have **sole decision-making power**; the Election Commissioners have a role in decision-making as well.  **Current Composition**: - The Election Commission today consists of: - One **Chief Election Commissioner (CEC)** - **Two Election Commissioners** - **Differences Between Chief Election Commissioner (CEC) and Election Commissioners:** - CEC is the **chairman** of the Election Commission. - CEC can only be removed in the same manner as a **Supreme Court Judge** (through impeachment). - Election Commissioners can be removed on the recommendation of the **Chief Election Commissioner**. - **CEC\'s conditions of service** cannot be changed to his disadvantage. - The office of **CEC is permanent**, while the appointment of Election Commissioners is **optional**. - **Election Commission cannot function without a CEC**, but it can function with Election Commissioners. - **Process of Appointment of Election Commissioners:** - **President** appoints the Election Commissioners. - This process was challenged in **Anuradha Baranwal vs Union of India (2023)**. - The petition argued that the appointment process degraded the **independence of the Election Commission**. - **Court\'s Review and Findings:** - The court examined whether the current system violates the **right to equality** and the **right to free and fair elections**. - The court referred to the **Constituent Assembly Debates (1949)** and noted that **election machinery** should not be under **executive control**. - The court emphasized the **independence** of the Election Commission due to its critical roles in elections (allocation of party symbols, recognition of parties, model code enforcement, etc.). - **Modification of Appointment Process:** - On **March 2, 2023**, a **five-judge constitutional bench**, led by Justice KM Joseph, modified the appointment process. - A **committee** consisting of the **Prime Minister**, **Leader of Opposition**, and **Chief Justice of India** will now recommend and advise the President on **Election Commission appointments**. - This change aims to **secure the independence** of the Election Commission until Parliament enacts a separate law. 1. **Regional Commissioners**: - Appointed by the **President** before general and by-elections, under **Article 324, Clause 4**. - Assist the Election Commission in its functions. - **Not members** of the Election Commission, unlike Election Commissioners. 2. **Election Commission Staff**: - The Election Commission does not maintain a large permanent staff. - **Article 324, Clause 6** obligates Central and State governments to make necessary staff available for election duties. - **SBI employees** (State Bank of India) cannot be requisitioned for election duties as per a 1995 ruling. 3. **State Election Commissions**: - Established by **state laws** and not the Constitution (unlike the Election Commission). - **Elections to Panchayats** are supervised by State Election Commissions (Article 243K). - **Elections to Municipalities** are supervised by State Election Commissions (Article 243ZA). 4. **Key Differences**: - **Election Commission of India**: A **Constitutional body** under **Article 324**, with a high degree of **independence**. - **State Election Commissions**: Established by state laws and may not have the same **objectivity and independence**. 5. **Importance of Election Commission**: - Ensures **integrity and fairness** of elections. - Plays a vital role in upholding **democratic values** and the functioning of India\'s democracy. 6. **Constitutional Basis**: The powers and functions of the Election Commission are enshrined in Article 324 of the Indian Constitution, which gives the Commission the responsibility of supervising, directing, and controlling the election process. 7. **Scope of Elections**: The Election Commission conducts elections for the President, Vice President, Parliament, and State Legislatures. 8. **Administrative Functions**: The Commission primarily exercises administrative and executive functions, but it also has judicial and legislative roles. 9. **Superintendence, Direction, and Control**: These terms in Article 324 are broad, covering all necessary powers to ensure smooth and fair elections, including voter education, electoral reforms, and preparation of electoral rolls. 10. **Election Process**: The term \"election\" in Article 324 is expansive and covers all stages of the election process, with provisions to handle unforeseen situations like the breakdown of law and order or the need for a fresh poll. 11. **Powers to Countermand Elections**: The Election Commission has the power to countermand elections if needed, such as in case of a law and order issue during polling or vote counting. 12. **Judicial Review**: The powers of the Election Commission are subject to judicial review. Courts have clarified that the Commission must act in good faith, ensuring the application of the rule of law. 13. **Election Expenditure**: The Election Commission has the authority to regulate and oversee election expenditure by political parties, ensuring transparency and maintaining the purity of the electoral process. 14. **Disqualification Removal**: The Election Commission can remove disqualifications arising from convictions for specified offenses, allowing a person to vote or stand for election. 15. **Transparency in Elections**: In cases of criminalization in politics, the Commission can direct candidates to file affidavits detailing personal information to ensure voter awareness. 16. **Special Powers for Surprise Situations**: Article 324 empowers the Commission to handle unexpected situations not specifically covered by laws, thus ensuring free and fair elections. 17. **Judicial Precedents**: The Supreme Court has upheld the Election Commission\'s powers in several cases, including the regulation of election-related noise pollution, expenditure scrutiny, and candidate disclosures.  **Adjudicative Power of the Election Commission**: - The Election Commission has adjudicative powers to resolve disputes related to election symbols and the disqualification of members.  **Election Symbols and Disputes**: - Under **Article 324** and the **Election Symbols Reservation and Allotment Order, 1968**, the Election Commission has the authority to allot symbols to political parties. - It also adjudicates disputes regarding the recognition of political parties and rival claims to election symbols.  **Judicial Nature of Dispute Resolution**: - When the Election Commission adjudicates disputes between political parties, it exercises a part of the state\'s judicial power as per **Article 324**. - The Commission acts as a tribunal while resolving such disputes, and it is required to follow judicial processes.  **Disqualification of Members**: - The Election Commission advises the **President or Governor** on the disqualification of Members of Parliament or State Legislatures under **Article 103(2)** and **Article 192(2)**. - The President or Governor must act according to the opinion of the Election Commission, as per the **Brundaban Nyak vs Election Commission of India (1965)** case.  **Quasi-Judicial Function**: - The Election Commission exercises quasi-judicial functions while adjudicating disqualification matters. - The Commission must follow **principles of natural justice**, including the **rule against bias**.  **Case Example -- Subramanyam Swami vs J. Jayalalitha**: - In the **Subramanyam Swami vs J. Jayalalitha (1996)** case, a complaint of disqualification was filed against J. Jayalalitha. - There was a suspicion of bias due to a professional connection between the Chief Election Commissioner and the complainant's lawyer. - The **Supreme Court** ruled that the Chief Election Commissioner should recuse himself, leaving the other two Commissioners to decide the case.  **Principles of Natural Justice**: - The Election Commission is required to act without bias when deciding disqualification matters. - The case **Election Commission of India vs Dr. Subramaniam Swamy (1996)** highlighted the importance of impartiality in decision-making.  **Legislative Functions of Election Commission**: - The Election Commission does not have legislative powers regarding elections. - It can issue directions under Article 327, but it does not make laws for elections.  **Role of Parliament**: - Parliament has the authority to make laws on all matters related to elections (Article 327). - These include preparation of electoral rolls, delimitation of constituencies, and other matters necessary for proper election conduct.  **Supremacy of Parliament**: - Under Entry 72 in List 1 of the 7th Schedule, Parliament exclusively holds legislative power on election matters for both Houses of Parliament and State Legislatures.  **Case Study: Joose vs. Shivan P (1984)**: - The Election Commission's direction to use electronic voting machines (EVMs) in Kerala state assembly elections was challenged. - The Supreme Court ruled the Election Commission exceeded its powers, as it did not have the authority to change the voting system, which falls under the legislative jurisdiction of Parliament.  **Election Commission's Power**: - The Election Commission's powers are executive, not legislative (as per Article 324). - The Commission can issue directions to Chief Electoral Officers, which are binding, but violations do not create new legal rights or obligations.  **Lakshmi Charan Sen vs. A.K.M. Hussein (1985)**: - The Supreme Court clarified that Election Commission's directions are not laws, and violations cannot invalidate elections.  **Model Code of Conduct**: - The Election Commission issues the Model Code of Conduct to regulate political parties and candidates during elections. - It has moral, not legal, value. Violations are pointed out but cannot lead to legal action.  **Supreme Court Interpretation: Mohindra Singh Gill vs. Chief Election Commissioner (1978)**: - The Supreme Court explained that Article 324 allows the Election Commission to act when there is a legislative vacuum, ensuring free and fair elections.  **Role of the Election Commission**: - It ensures free, fair, and transparent elections, contributing to India's democracy by guiding elections where laws are silent. - **ntroduction to CAG\'s Role**: - The Controller and Auditor General (CAG) holds a pivotal role in India, with a neutral identity, devoid of political affiliation. - The CAG\'s appointment, powers, and duties are outlined in the Indian Constitution, specifically Articles 148 to 151. - **Appointment and Removal of CAG (Article 148)**: - The President of India appoints the CAG. - The CAG can only be removed in the same manner as a Supreme Court Judge. - The CAG takes an oath of office before the President or a designated person. - The Parliament determines the salary, service conditions, pension, and retirement age of the CAG, and these cannot be altered during the tenure. - The CAG serves for 6 years or until the age of 65, whichever is earlier. - **Powers and Functions of CAG (Article 149)**: - The CAG is responsible for auditing all expenditures related to the Consolidated Fund of India, the Contingency Fund, the Public Account, and Union Territories\' funds. - The CAG audits accounts related to trading, manufacturing, profit, and loss, as well as balance sheets of Central and State Governments. - It also audits transactions related to debt, deposits, advances, and other financial activities as per laws. - The CAG can undertake additional audits at the request of the President or Governor. - **Advisory Role of CAG (Article 150)**: - The CAG acts as a financial advisor to the President, advising on the maintenance of accounts for both Union and States. - **Reports of CAG (Article 151)**: - The CAG submits reports on Union accounts to the President, who then presents them to the Parliament for scrutiny. - Reports on State accounts are sent to the Governor and presented to the State Legislature. - The CAG functions with autonomy in auditing and account management. - **CAG's Responsibilities under the CAG Duties, Powers, and Conditions of Service Act, 1971**: - The CAG is responsible for auditing the expenditures of Union and State Governments, autonomous bodies, entities receiving grants, and government companies. - The CAG compiles and maintains accounts for the Union and each State. - The President or Governor can relieve the CAG of these responsibilities only after consultations. - **Conclusion**: - The CAG\'s role is foundational in upholding good governance in India, ensuring transparency and accountability in public finances.  **Presumption in Emergencies**: - In emergencies, democratic principles can be jeopardized, potentially infringing on individual fundamental rights.  **Dr. B.R. Ambedkar's Thoughts (1950)**: - India's independence is at risk during emergencies. The loss of independence could happen again, which causes anxiety for the future.  **Independence and Challenges**: - The anxiety stems from the fact that India lost its independence once and could lose it again due to internal threats such as political divisions and opposing creeds.  **Constitutional Provisions**: - **Article 359** of the Indian Constitution allows for the suspension of certain fundamental rights during emergencies. - The Constitution foresees situations where national security is at risk, and individual liberty may need to be suspended for the greater good.  **Fundamental Rights (Article 13)**: - **Article 13(2)** declares any law that restricts fundamental rights as invalid, emphasizing the protection of these rights under normal circumstances.  **State's Authority During Emergencies**: - The Constitution balances the need for the state to address crises while preserving some fundamental liberties. Emergency provisions give the state more authority to handle national security threats while ensuring that not all fundamental rights are suspended.  **National Emergencies in India**: - India has faced three National Emergencies: - **1962**: Due to internal disturbances during the Chinese incursions. - **1971**: Due to the conflict with Pakistan. - **1975**: The emergency declared during internal political unrest.  **Role of Courts**: - Courts have assessed how these national emergencies impacted fundamental rights and have interpreted the provisions in Article 359 and other constitutional articles.  **Impact on Fundamental Rights**: - During an emergency, some fundamental rights are suspended temporarily to safeguard national security and public order. However, the Constitution aims to maintain a balance between the state's authority and individual rights. - **Article 359**: Allows the President to suspend the enforcement of fundamental rights during a national emergency. However, the right to life and individual liberty (Article 21) cannot be suspended, and people can still approach the court to enforce these rights through Article 32. - **Article 358**: Suspends six essential rights under Article 19 during a national emergency without requiring a separate presidential decree. These rights are automatically renewed after the emergency ends. - **Presidential Order**: During a national emergency, the President can issue an order to temporarily suspend the ability to petition the court for certain fundamental rights, but only those specified in the order. The 44th Amendment Act of 1978 prohibits the suspension of rights under Articles 20 and 21. - **44th Amendment**: This amendment made changes to the scope of the President's power to suspend rights. It specified that the President cannot suspend rights under Articles 20 and 21, and it clarified that laws passed by Parliament during an emergency must explicitly relate to the emergency to be enforced. - **Legal Challenges**: Even during a state of emergency, if a person\'s rights are violated, they can still move to the court if their detention or actions are found to be malfeasant (wrongful or unlawful). However, detention based on certain laws like the Defense of India Act cannot be contested due to presidential orders. Here are the key pointers from the video on \"Impact of Declaration of Emergency & Landmark Judgments During Emergency\" that could be relevant for your MCQ exam: **1. Makan Singh vs. State of Punjab (1964)** - Article 19 rights are suspended during an emergency but individuals detained under the Defense of India Rules (DIR) can file a habeas corpus petition. - The court ruled that rights are suspended only for those legally detained; illegal detention allows the filing of a habeas corpus petition. - The case clarified that the suspension applies only to persons detained under DIR. **2. Mohammad Yakub vs. State of Jammu and Kashmir (1968)** - Presidential orders issued under Article 359(1) are not considered \"laws\" under Article 13(2), meaning they cannot be contested as violating fundamental rights. - The court stated that such orders cannot be challenged for violating Article 14, which relates to equality. **3. ADM Jabalpur vs. Shivakant Shukla (1976)** - During a National Emergency, rights under Article 21 (right to life and liberty) are suspended entirely, and no writ can be filed under Article 226 (high courts) or Article 32 (Supreme Court). - The court ruled that even malafide detention orders could not be challenged, and there was no remedy against illegal detention during emergency. **4. 44th Constitutional Amendment (1978)** - Article 21 (right to life and liberty) cannot be suspended during an emergency, reversing the impact of ADM Jabalpur case. - The Amendment ensured that the right to life and personal liberty would remain protected even during emergencies. **5. MM Pak vs. Union of India (1977)** - The case clarified that fundamental rights (Articles 14-19) are suspended during an emergency, but their operation is suspended, not the rights themselves. - Once the emergency ends, these rights can be enforced, and laws unrelated to the emergency can still be challenged in court. **6. Key Concepts and Legal Principles** - **Habeas Corpus:** A writ petition that can be filed by individuals challenging illegal detention. During emergencies, the right to file a habeas corpus petition was suspended in some cases but could still be maintained in cases of illegal detention. - **Article 359:** Allows the President to suspend certain fundamental rights during an emergency, but the scope of this suspension depends on whether the rights are linked to a legal detention. - **Article 14 (Equality Before Law):** The Supreme Court ruled that fundamental rights suspended by presidential orders could not be challenged for being discriminatory during an emergency.  **Revision of Part 18 (1977)**: - The revision aimed to prevent misuse of authority post-emergency. - It involved significant changes through the **42nd** and **44th Amendment Acts** passed in 1976 and 1978.  **Modification to Article 352**: - The term **\"armed rebellion\"** replaced \"internal disturbance\" to prevent misuse of emergency powers.  **Changes to Articles 358 and 359**: - Article 359 Clause 1 was modified, giving the **President** the authority to limit fundamental rights, except for rights under **Articles 20 and 21**. - This made **right to life** (Article 21) **unalienable**, ensuring it could not be suspended during an emergency except by law.  **Protection of Fundamental Rights**: - Laws passed during emergencies must adhere to the principles set out by **Maneka Gandhi case** --- must be fair, reasonable, and non-arbitrary. - Any law violating fundamental rights can only be challenged if it doesn't fall under the emergency provisions of **Article 352**.  **Habeas Corpus**: - Due to modifications, the **Habeas Corpus ruling** is no longer considered valid, attempting to close previous legal gaps.  **Fundamental Rights in Emergency**: - **Fundamental rights** can be suspended during an emergency, but they are essential to individual liberty and human progress. - The **Judicial System** offers recourse for individuals whose rights have been infringed.  **National Emergency (Article 352)**: - The **President** can suspend rights during a National Emergency to handle the crisis. - Changes in India\'s experience with **emergency proclamations** focus on striking a balance between state power and individual rights.  **Emergency of 1962, 1971-1975**: - During the emergency period, there were **wholesale abolishments** of liberties, violating the principles fought for during colonial times. - Revisions post-emergency in the 1977-78 period aimed to maintain the importance of **fundamental rights**.  **Development of Legal System**: - Over 50 years, India\'s legal system has evolved, ensuring that **unalienable rights** are considered paramount and recognized by the legislature and judiciary. - The modification acts (42nd and 44th amendments) are still subject to potential misuse.  **Government Commitment**: - **Emergency measures** should be used prudently, with the government\'s commitment to **democratic principles**. - The **Judiciary\'s role** is crucial in upholding these commitments.  **Post-Emergency Challenges**: - After the **1975 emergency**, there is greater scrutiny of **state agencies** to ensure they uphold **democratic principles** and avoid abusing emergency powers.  **Power of Parliament to Amend the Constitution**: - The power of Parliament to amend the Constitution is outlined in **Article 368** of the Indian Constitution. - Constitutional amendments differ from ordinary law amendments, as they are subject to specific processes.  **Basic Structure Doctrine**: - The **Basic Structure Doctrine** was established by the **Kesavananda Bharati v. State of Kerala** case (1973) by a 13-judge bench of the Supreme Court. - The doctrine suggests that amendments affecting the \"basic structure\" of the Constitution are unconstitutional. - Over time, the doctrine has been examined in several cases (e.g., **Indira Gandhi v. Raj Narain**, **Minerva Mills Ltd. v. Union of India**, and **Sahib Singh v. Union of India**).  **Definition of Amendment**: - According to **Black's Law Dictionary**, an amendment is a modification or alteration proposed in legislation or enacted law.  **Article 368 -- Amendment Procedures**: - **Two modes of Constitutional amendment**: - **Special Legislative Process**: Requires a **2/3 majority** of members present and voting in both houses of Parliament. - **Extraordinary Legislative Process**: Involves proposal and ratification by **at least half the states**.  **Procedure for Amendment**: - Constitutional amendments can be introduced in either house of Parliament. - After Parliament passes the amendment, the **President's assent** is required for it to become law. - Amendments related to federal structure require additional steps, including **ratification by states**.  **Matters Requiring Extraordinary Procedure**: - Amendments affecting the election of the President, the powers of the Union and States, the Supreme Court and High Courts, and the distribution of legislative powers between the Union and States require ratification by **half the states**.  **Judicial Review of Constitutional Amendments**: - The Supreme Court has the authority to review the constitutionality of amendments passed under Article 368. - In **Shangar Prasad v. Union of India**, the court held that constitutional amendments are subject to judicial review like any other law.  **Important Amendments**: - The video asks questions about the **first amendment** to the Constitution and details of **most important amendments**.  **Judicial Review**: - Judicial review is considered part of the basic structure of the Constitution, as confirmed in **El Chandra Kumar case**. - The issue was left open in the **Koto Hon vs Sailu C case**, but judicial review was finally settled as a basic structure element in **El Chandra Kumar**.  **Democracy**: - **Democracy** is recognized as a basic feature of the Constitution, including: - Free and fair elections based on adult franchise. - A multi-party system.  **Secularism**: - **Secularism** has been recognized as a basic feature of the Constitution in **Sr Buai vs Union of India** and other cases.  **Federalism**: - Some judges in **Sr Bomai case** recognized **federalism** as a basic feature of the Constitution.  **Other Features**: - **Rule of Law**. - **Harmony and balance** between Fundamental Rights and Directive Principles. - **Independence of the Judiciary**. - **Equality**. - **Unamendability of the basic structure**.  **Reasonableness**: - The **principle of reasonableness** is closely linked to the rule of law and judicial review.  **Judiciary's Role**: - The **Judiciary** has a say in the matter of constitutional amendments, a notable feature of the basic structure doctrine.  **Flexibility and Rigidity**: - The Constitution\'s structure provides a **balance between flexibility and rigidity**. - This balance is preserved through the **basic structure doctrine**.  **References for Further Study**: - **MV Pyle's Constitutional Amendments (5th edition)**. - **HMC Y Constitutional Law of India (4th edition)**. - **DD Basu's Shorter Constitution of India (15th edition)**. - **Ming V Shukla's Constitution of India (13th edition)**. The video discusses the amendment process of the Indian Constitution under Article 368, emphasizing key concepts such as \"constituent power,\" the power of Parliament to amend the Constitution, and the limitations on this power. **Key Points:** 1. **Constituent Power:** Article 368 introduces the term \"constituent power,\" which allows Parliament to amend the Constitution. However, it clarifies that Parliament does not become the original constituent assembly; it remains a legislature working within the limits of the Constitution. This power is subject to the **basic structure doctrine**, meaning Parliament cannot amend the fundamental features of the Constitution. 2. **Fundamental Rights and Amendments:** Article 13(2) of the Constitution prohibits laws that abridge fundamental rights. The question arises about whether amendments can infringe on these rights. In the **Shankari Prasad vs. Union of India** case, the Supreme Court held that amendments do not count as laws under Article 13(2), meaning Parliament can amend fundamental rights. However, in the **Golaknath vs. State of Punjab** case, the Court reversed this view, ruling that fundamental rights cannot be altered by amendments, as they are outside the reach of Parliament's amending power. 3. **Amendment Process:** The judgment on Golaknath highlighted that the amendment process is a legislative process and can be used only by Parliament through the same process used for making other laws. This does not change the character of the amendment as law, but it may require specific conditions like a larger majority or ratification by state legislatures to safeguard against hasty decisions. The discussion establishes that while Parliament can amend the Constitution, including fundamental rights, there are limitations, and any amendments that alter the Constitution's basic structure or infringe on fundamental rights may not be permissible. 4o mini ##### You said: