Module 2

Union Executive
and
State Executive
 Powers(Functions) of Indian Parliament
All the legislative powers of the federal Government are vested in the
Parliament. The laws framed by the Indian Parliament are enforced
in the whole of the country. The Parliament of India is a bi-cameral
legislature. It consists of two houses- Rajya Sabha, Lok Sabha and
President of India. Rajya Sabha is the upper chamber of the
Parliament while Lok Sabha is the lower chamber of the Parliament.
Its powers and functions can be classified in to following heads:
(1). Legislative powers (2). Executive powers
(3). Financial powers (4). Constituent powers
(5). Judicial powers (6). Electoral powers
(7). Other powers
 Functions(power) of Rajya Sabha
1. Legislative Powers:
In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok
Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law
unless passed by it. In case of a deadlock between the two Houses of Parliament over an
ordinary bill and if it remains unresolved for six months, the President can convene a joint
sitting of the two Houses for resolving the deadlock. This joint sitting is presided over by the
Speaker of the Lok Sabha. If the bill is passed in the joint sitting, it is sent to the President
for his signatures. But if the deadlock is not resolved, the bill is deemed to have been killed.
2. Financial Powers:
In the Financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced
in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok
Sabha comes before the Rajya Sabha for its consideration. However, if within a period of 14
days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed by the
Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the Rajya
Sabha proposes some amendments and the bill is returned to the Lok Sabha, it depends upon
the Lok Sabha to accept or reject the proposed amendments.
3. Executive Powers:
“The Union Council of Ministers is collectively responsible before the Lok Sabha and not
the Rajya Sabha.” Lok Sabha alone can cause the fall of the Council of Ministers by
passing a vote of no-confidence. Although the Rajya Sabha cannot remove the Ministry
from its office yet the members of the Rajya Sabha can exercise some control over the
ministers by criticising their policies, by asking questions and supplementary questions,
and by moving adjournment motions. Some of the ministers are also taken from the Rajya
Sabha. Now the Prime Minister can also be from Rajya Sabha if the majority party in the
Lok Sabha may elect/adopt him as its leader.
4. Amendment Powers:
Rajya Sabha and Lok Sabha can together amend the constitution by passing an
amendment bill with 2/3 majority in each House.
5. Electoral Powers:
The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha
along with the elected members of the Lok Sabha and all the State Legislative Assemblies
together elect the President of India. The members of the Rajya Sabha Lok Sabha together
elect the Vice- President of India. Members of the Rajya Sabha also elect a Deputy
Chairman from amongst themselves.
6. Judicial Powers:
(a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on
charges of violation of the Constitution.
(b) The Rajya Sabha can also pass a special address for causing the removal of a
judge of the Supreme Court or of any High Court.
(c) The charges against the Vice-President can be levelled only in the Rajya Sabha.
(d) The Rajya Sabha can pass a resolution for the removal of some high officers like
the Attorney General of India, Comptroller and Auditor General and Chief Election
Commissioner.
7. Miscellaneous Powers:
The Rajya Sabha and Lok Sabha jointly perform the following functions:
(a) Approval of the ordinances issued by the President,
(b) Ratification of an emergency proclamation,
(c) Making any change in the jurisdiction of the Supreme Court and the High Courts,
(d) Making any change in the qualifications for the membership of the Lok Sabha
and the Rajya Sabha.
8. Two Special Powers of Rajya Sabha. The Rajya Sabha enjoys two
exclusive powers:
(i) The Power to declare a subject of State List as a subject of National
Importance:
The Rajya Sabha can pass a resolution by 2/3rd majority of its members for
declaring a State List subject as a subject of national importance. Such a
resolution empowers the Union Parliament to legislate on such a state subject
for a period of one year. Such resolutions can be repeatedly passed by the Rajya
Sabha.
(ii) Power in respect of Creation or Abolition of an All India Service:
The Rajya Sabha has the power to create one or more new All India Services. It
can do so by passing a resolution supported by 2/3rd majority on the plea of
national interest. In a similar way, the Rajya Sabha can disband an existing All
India Service.
 Functions(Power) of Lok Sabha
The Lok Sabha which is the more representative chamber of the Parliament performs a
number of useful functions. These functions are described below:
1. Legislative Power: Law-making is the main function of the Parliament and in this field
the Lok Sabha plays an important role. All types of bills can originate in the Lok Sabha and
if a bill is moved in and passed by the Rajya Sabha, it has to come to the Lok Sabha for its
approval. If there is any disagreement between the two Houses, the Lok Sabha will prevail
in the joint sitting with the Rajya Sabha because it has more members than the other House
of the Parliament.
2. Financial: Control over purse makes one powerful. In financial matters, the Lok Sabha
has a distinct superiority over the Rajya Sabha. The Money Bill can be introduced only in
the Lok Sabha. It cannot be moved in the Rajya Sabha.
Further, there is no question of joint sitting if the Rajya Sabha disagrees with the Lok Sabha
on a Money Bill. It is up to the Lok Sabha to accept or reject the suggestions for change in
the Money Bill made by the other House.
3. Control over Executive: The Council of Ministers is collectively responsible
to the Lower House of the Parliament. Thus, the government is accountable to
the Lok Sabha for its acts of omission and commission. The Rajya Sabha cannot
hold the government accountable to it. It is only the Lok Sabha which can force
the Council of Ministers to resign by passing a vote of nonconfidence against it.
There are also other methods by which the Lok Sabha can exercise control over
the central executive. These methods are putting questions, moving adjournment
motions and call-attention motions, budget discussions, cut-motions and debates
etc. By employing any of these methods the Lok Sabha can expose the misdeeds
and inefficiency of the government and warn it against repeating such mistakes.
4. Constitutional: The Lok Sabha shares with the Rajya Sabha the power to
amend the constitution.
5. Electoral: (a) The Lok Sabha takes part in the election of the President and the
Vice-President.
(b) It elects the Speaker and the Deputy Speaker. (c) Its members are elected to
different Committees of the Parliament.
6. Judicial: (a) The Lok Sabha has power to punish a person on the ground of
breach of privilege;
(b) It takes part in the impeachment proceedings against the President of India, (c)
It shares power with the Rajya Sabha to remove the Judges of the Supreme Court
and the Judges of High Courts.
7. Ventilation of Grievances: The members of the Lok Sabha are elected from
different parts of India. They try to remove the difficulties of their respective
constituencies by stating their grievances on the floor of the Lok Sabha.
8. Imparting Education on Democracy: The Lok Sabha discussions would help in
raising the political consciousness of people. As the discussions in the Lok Sabha on
no-confidence motions and confidence motions are directly telecast, the people are
able to learn of different aspects of Indian politics.
9. Other Functions: The Lok Sabha discusses reports submitted by the U Public
Service Commission (UPSC), Comptroller and Auditor-General of India, Finance
Commission etc.
 Powers and Functions of the President
The powers of the President are given in various parts of the constitution and there
are more than 100 articles and three schedules which either wholly or partially deal
with them. The President of India exercises most of his powers through his Council
of Ministers and in consultations with it. The 42nd amendment has made it
mandatory for the president to act in accordance with the advice of the Council of
Ministers. The powers and functions of president of INDIA can be divided into the
following headings:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Discretionary powers
6. Emergency powers
1. Executive Powers
Article 53 makes the provision that “The executive powers of the union shall be
vested in the President and shall be exercised by him either directly or through
officers subordinate to him in accordance with the
constitution”.
a) Powers related to the Council of Ministers –
b) Military Powers –
c) Control over Appointments –
d) Administrative Powers –
e) Diplomatic Powers –
f) Administration of Union Territories –
2. Legislative Powers –
According to Article – 79 of the constitution, the president is a part of the
parliament and wields the following legislative powers –
a) To convene and prorogue the sessions of the Parliament –
b) To inaugurated the Parliament –
c) To address and send message to the Parliament –
d) To convene the joint meetings of both the houses –
e) Nomination of the members in the Council of states and House of People –
f) To dissolve the Lok Sabha –
g) To issue Ordinances –
3. Financial Powers –
a) To get the Money Bill Introduced –
b) Control over Contingency Fund (आकस्मिक निधि पर नियंत्रण) - –
c) Appointment of Finance Commission –
d) Report of the Comptroller and Auditor General of India –
4. Judicial Powers –
1. He appoints the judges of the supreme court and high court and removes them
after the resolution of impeachment against them is passed by the parliament.
2. He grants pardon where punishment is awarded by the court-martial.
3. He can grant pardon in respect of all offences against Union laws.
4. He exercises his power over all cases of the death sentence.
5. Discretionary Powers –
Following are the discretionary powers and functions of president of INDIA –
1. The president can get information about the decisions and discussions of the
cabinet.
2. The president can give his advice to the Prime Minister on important matters,
to accept or not to accept, it up to the Prime Minister.
3. The president can ask the cabinet to reconsider the advice given to him.
4. Apart from the money bill, the president can withhold his approval over all
other bills passed by the parliament but in case the same bill is passed by the
Parliament then the president is bound to give his approval.
5. In case of no political party enjoying majority vote in the Lok Sabha then the
president can exercise his discretion in the appointment of the Prime Minister.
He sees that which person or an alliance is in a position to enjoy majority support
in the Lok Sabha and appoints him the Prime Minister and can ask him to prove
majority support on the floor of the Lok Sabha within a specific period of time.
6. Emergency Powers of the President –
The constitution makes provision 3 Types of emergency –
1. National Emergency
2. Constitutional Emergency
3. Financial Emergency
1. National Emergency, Article-352
According to Article-352 of the Indian Constitution, if the president is
satisfied that a serious situation has arisen due to war, external aggression or
armed rebellion or internal disturbance and if the security of India or a part
thereof threatened due to these reasons, the president can declare emergency
on the return request of the Union Council of Ministers.
Approval of Parliament over the Proclamation of Emergency –
The proclamation of emergency must be approved by the Parliament by two-
third majority of its members present and voting and majority of total
members within a period of 1 month.
 Comparison of powers of Indian President
with the United States
Manner of election
US president is more or less directly elected whereas the Indian president is indirectly
elected. The advantage of the directly elected head of the government is the stability of the
government. Unlike Indian Prime Minister American President is not overpowered by the
“compulsions of coalition politics”
Head of the State
The US President is both the Head of the State and Head of the Government, whereas the
Indian president is only the head of the State. President of the US is the real executive.
Indian President like the British monarch is only a titular head (impressive title but not
having the power ).
Term of office
American President holds the office for 4 years and he can seek re-election only once,
while the Indian president holds the office for 5 years and is eligible for re-election any
number of times.
Responsibility to Legislature
The US president is not part of any legislature and is not responsible to the
legislatures. In India, the Parliament includes the President and the two houses- Lok
Sabha and Rajya Sabha.
Removal process
Both the American and Indian Presidents can only be removed from the office
through impeachment. In India either house can initiate impeachment proceedings
against the president and with the concurrence of the other house can impeach the
President. In US the power to impeach solely lies with the Senate (upper house).
Emergency powers
Indian President wields huge powers during emergency situations. He can proclaim
both external and internal emergencies. Indian President can declare emergency in a
state, dissolve state legislature and dismiss the state council of ministers. During
financial emergency, he has the power to reduce the salaries of all the government
officials including that of the Supreme Court and High Court judges. He has a
formidable list of executive, financial and legislative powers which he can exercise
on the advice of the cabinet during emergency.
Independence of office
The Indian President needs to act as per the advice of the Council of Ministers
(CoM) while discharging his duties. The CoM takes all the decisions pertaining
to the affairs of the country and executes them under the President’s name.
In the US, the members of the cabinet are not members of the Congress and are
not responsible to it. The cabinet members are appointed by the President and
they are liable to be dismissed by the President. The American President has
the power to determine the policy of his government independently without
any external interference.
Veto power
Indian President has comparatively lesser veto power than the President of US.
The President of US can veto a bill passed by the Congress. He needs to sign
the bill if it is once again passed by two-thirds majority of both the houses.
The Indian President on the other hand can send the bill for reconsideration
only once. If the bill is passed again even by a simple majority in the
Parliament he is obliged to sign the bill.
Pocket veto
US President can exercise his pocket veto power by not signing the bill for 10
days if he knows the session of the congress will end within 10 days. In such
cases the bill dies.
Indian President can keep the bill for indefinite period as there is no
constitutionally prescribed time limit to give his assent.
State bills
Certain state bills need the previous consent of the president and he possess
absolute veto power with respect to some types of state bills. The US President
does not have such powers.
Dissolving the legislature
The Indian President can dissolve the Parliament while the US President does
not have such powers.
Powers and Functions of the Prime Minister
The Prime Minister is the real executive authority (de facto executive) of
the country. He appoints many officers as the head of many constitutional
institutions. Read this article to know the power and responsibilities of the
Prime Minister of India. There is no special process for the election of the
Prime Minister in the Constitution of India. Article 75 only says that India
shall have a Prime Minister whose appointment shall be made by the
President. The Prime Minister is the leader of the Council of Ministers.
The President is the only nominal ruler while the real executive powers are
envisaged in the Prime Minister. In this article, we have explained about the
Power and Functions of the Prime Minister of India.
The main functions of Prime Minister related to the CoM are as follows:
1. The Prime Minister recommends the names of members of his team to
appoint as a Minister. The President can only make those people as ministers
whose names are recommended by the Prime Minister.
2. Prime Minister determines which department will be given to which minister
and he can also change the allotted department of any Minister.
3. He also presides over the meeting of the Council of Ministers and can change
the decisions according to his wishes.
4. He can ask any minister to resign or advise the president to dismiss him in
case of differences of opinion.
5. He also controls and directs the activities of all Ministers.
6. He can bring about the collapse of the Council of Ministers by resigning from
office.
Note: If the Prime Minister resigns from his post or dies, then other ministers
can’t do any work, which means the Council of Ministers dissolves itself with
the death/resignation of the Prime Minister.
Rights in relation to appointments:
The Prime Minister has the right to give advice to the President in relation
to the appointment of the following officers:
1. The Comptroller and Auditor General of India
2. Attorney-General of India
3. Solicitor General of India
4. President of the Union Public Service Commission and its members
5. Election Commissioners
6. Chairman and Members of the Finance Commission
Rights in the context of Parliament:
The prime minister is the leader of the lower house of Parliament and he
enjoys the following powers.
1. He advises the President with regard to summoning and proroguing of the
sessions of the parliament.
2. He can recommend the dissolution of the sessions of the Parliament.
3. He declares government policies on the floor of the house.
Other powers of the Prime Minister:
1. He plays an important role in shaping the foreign policy of the nation.
2. He is the chief spokesman of the Central Government.
3. He is the leader of the ruling party.
4. He is ex-officio Chairman of the Planning Commission (now NITI Aayog),
National Development Council, National Integration Council, Inter-State Council
and National Water Resources Council.
5. He is the crisis manager-in-chief at the political level during emergencies.
6. He is the political head of the armies.
Relation to the President of India
The relationship between the President and the Prime Minister is given in the
following two articles.
1. Article 74:  There shall be a Council of Ministers to help and advise the
President of India. The President shall work as per the instructions given by the
Prime Minister but the president has the power to request the council of the minister
to reconsider the advice. Although the president is bound to work as per the advice
given after the reconsideration.
2. Article 75:
a. The president will appoint the Prime Minister and other ministers shall be
appointed by the president on the advice tendered by the Prime Minister.
b. The Ministers can remain on his post till the pleasure of the President.
c. The Council of Ministers shall be collectively responsible to the Lok Sabha.
Prime Minister's Duties:
1. Submit the report of all the affairs of the Council of Ministers to the President.
2. Give full information to the President regarding any emergency situation or
any sudden development in the foreign policy.
3. Inform the President on all the decisions of the Council of Ministers related to
the activities and administration of the Union.
Commenting on the Prime Minister's power, Dr. Ambedkar said that “if any
functionary under our constitution is to be compared with the USA president, he
is the prime minister and not the President of India”. Thus, it can be said that in
the Parliamentary system of India, the President is the only nominal Executive
Chief and the actual executive powers are contained in the Prime Minister
 Judiciary (Legal System,न्यायतंत्र)
Judicial System or the court system is also the Judiciary System. The court has
the power to make decisions and also enforce the law, solve disputes. Judiciary
system consists of Judges and other magistrates, they form the bench or the
core of the judiciary system.
On 26 January 1950, the Indian Constitution was written and it is worlds largest
constitution written. The constitution is the source of law in India and also the
supreme law of India. Judicial System of India consists of Supreme Court, High
Court, District Court or Subordinate Court.
 Independence of Supreme Court
 The Supreme Court is a Federal court, the highest court of appeal, the
guarantor of the fundamental rights of the citizens and guardian of the
Constitution.
• Therefore, its independence becomes very essential for the effective
discharge of the duties assigned to it. It should be free from the
encroachments, pressures and interferences of the executive (council of
ministers) and the Legislature (Parliament). It should be allowed to do justice
without fear or favour.
 Independent Functions of S.C.:The Constitution has made the following
provisions to safeguard and ensure the independent and impartial functioning
of the Supreme Court:
• Mode of appointment
• Security of tenure
• Fixed service conditions
• Expenses charged on the consolidated fund
• Conduct of judges cannot be discussed
• Ban on practice after retirement
• Power to punish for its contempt(अवमानना)
• Freedom to appoint its staff
• Its jurisdiction (न्यायिक अधिकार क्षेत्र)
• Its jurisdiction cannot be curtailed
• Separation from Executive
 Appointment of Judges, imp
•The judges of the Supreme Court are appointed by the President. The CJI is appointed
by the President after consultation with such judges of the Supreme Court and high
courts as he deems necessary.
•The other judges are appointed by the President after consultation with the CJI and such
other judges of the Supreme Court and the high courts as he deems necessary. The
consultation with the chief justice is obligatory in the case of appointment of a judge
other than Chief justice.
•Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the
senior most judge of the Supreme Court as the chief justice of India. This established
convention was violated in 1973 when A N Ray was appointed as the Chief Justice of
India by superseding three senior judges. Again in 1977, M U Beg was appointed as the
chief justice of India by superseding the then senior-most judge.
• This discretion of the government was curtailed by the Supreme Court in the Second
Judges Case (1993), in which the Supreme Court ruled that the senior most judge
of the Supreme Court should alone be appointed to the office of the Chief
Justice of India.
 Judicial Review (न्यायिक समीक्षा)
Judicial review is the power of the Supreme Court to examine the constitutionality of
legislative enactments and executive orders of both the Central and state governments.
Judicial Review is the process by which the Judiciary reviews the validity of laws passed by
the legislature. Judicial activism denotes a more active role taken by Judiciary to dispense
social justice. Judicial review, power of the courts of a country to examine the actions of the
legislative, executive, and administrative arms of the government and to determine whether
such actions are consistent with the constitution.
o On examination, if they are found to be violative of the Constitution (ultra-vires), they
can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme
Court. Consequently, they cannot be enforced by the Government.
o Over the decades, the Supreme Court has exercised its power of judicial review in
overturning hundreds of lower court cases. The following are just a few examples of such
landmark cases: Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting
abortion were unconstitutional.0
 Public Interest Litigation ( Part of Judicial Activism ),M imp.
•The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide
legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who
were passionate about the environmental issues, etc.
•Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution,
Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by
filing a Public Interest Litigation in a court of law.
•Public interest litigation is not defined in any statute(क़ानून) or in any act. It has been interpreted by judges to consider the
intent of public at large.
•Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the
petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body.
•Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It
helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and
private law matters. It is a relaxation on the traditional rule of locus standi.
•The instruments of judicial activism should be availed, i.e. Public Interest Litigation which has expanded the idea of rights and
duties even to those, who cannot approach the courts easily. The pendency of cases should be expatiated and decided at the
earliest possible. Prafullachandra Natwarlal Bhagwati (21 December 1921 – 15 June 2017) was the 17th Chief Justice of India,
serving from 12 July 1985 until his retirement on 20 December 1986. He introduced the concepts of public interest litigation and
absolute liability in India, and for this reason is held, along with Justice V. R.
Currently, Indian judiciary has been becoming more and more active towards the performance
of its social obligations. Through Public Interest Litigation system (PIL) as well as through a
more active exercise of its powers, the Indian judiciary has been now very actively trying to
secure all public demands and needs due to them under the laws and policies of the state.

The court can itself take cognizance of the matter and proceed suo motu (स्वप्रेरणा ) or cases can
commence on the petition of any public spirited individual.( किसी भी सार्वजनिक उत्साही व्यक्ति की याचिका पर मुकदमे या
मामले शुरू हो सकते हैं।)
•Some of the matters which are entertained under PIL are:

• Bonded Labour matters

• Neglected Children
• Non-payment of minimum wages to workers and exploitation of casual workers
• Atrocities on women
• Environmental pollution and disturbance of ecological balance
• Food adulteration
• Maintenance of heritage and culture
 Judicial Activism ( न्यायिक सक्रियता )
Currently, Indian judiciary has been becoming more and more active towards the performance of its social obligations.
Through Public Interest Litigation system (PIL) as well as through a more active exercise of its powers, the Indian judiciary
has been now very actively trying to secure all public demands and needs due to them under the laws and policies of the
state. In India judicial activism has played an important role in keeping democracy alive. Pronouncements like
Keshavnanda Bharti case, Minerva Mill Case etc has helped in keeping all the organs of government in balance and help in
keeping society healthy and progressing.
Meaning of “Judicial activism”
• Judicial Activism, in its layman’s term, reflects the active role played by the judiciary in promoting justice. It is
basically a kind of judicial rulings centred upon personal or political interest. Black’s Law Dictionary also tends to
explain Judicial Activism as a “philosophy of judicial decision-making whereby judges allow their personal views
about public policy, among other factors, to guide their decisions.”
• It is not all together a separate concept or notion from the usual judicial actions or activities. The word ‘activism’ refers
to ‘being active’, or in other words, ‘doing things with decision’. Whereas, the ‘activist’ is the one who favours
intensified activities.
• Justice Krishna Iyer evidently remarked that every judge is an activist either on the forward gear or on the reverse.
• In India, judiciary has become the centre of controversy, in the recent past. Judicial Activism is gaining prominence
among the citizen in the form of Public Interest Litigation (PIL), and citizens are getting access to justice.
• Judicial activism relies on the idea that the judges undertake the character of an independent policy makers or
independent trustees or representatives on behalf of the entire society, and they are further inclined to go beyond their
traditional role as interpreters of the Constitution and laws. This notion(धारणा) of judicial activism stands in contrast to
judicial restraints.
Origin of Judicial Activism and its course in India

The Constitution has three instrumentalities — Executive, Legislative and Judiciary. The implementation of
the State’s laws and policies is the responsibility of the Executive. Whereas, the Parliament consisting of
two Houses and legislatures at the State level, makes law. In general, our Constitution works in harmony
with these instrumentalities. However, when the executive or legislature acts arbitrary, or in contrary to the
constitutional provisions, the judiciary has the power to correct them by issuing directions under Article
143. Any citizen can approach the Supreme Court for the issue of a writ to defend his or her fundamental
rights and onus lies on the Judiciary to provide justice. This conduct of the judiciary is referred as Judicial
Activism. In India, there are two major aspects of Judicial Activism. The first comes in the form of PIL
where various directions issued by the courts to the government authorities protecting the rights of the
citizen, for example; cases like Agra Protection Home case and Bihar under-trail case etc. The second
aspect is in the field of Interpretation of Fundamental Rights, particularly the right to equality (article14),
right to freedom (article 19), and the right to Life and personal liberty(article 21). For example, in
Keshavanand Bharti case, 1973, the Supreme Court formulated the doctrine of ‘Basic Structure’ which
restricts the power of Parliament to amend certain features of Constitution. In the trend of Judicial Activism,
a number of cases have been decided by the Judiciary protecting the rights of the people. It is due to
Judicial Activism, corruption has much been exposed in higher ofices, and thereby initiating penal action
against politicians and public servants.
 LokPal
The Lokpal consists of a Chairperson and eight members A Lokpal is an anti-corruption authority or body of
ombudsman who represents the public interest in the Republic of India. As of March 2019, and ever since the
related Act of Parliament was passed in India. Retired Supreme Court judge Pinaki Chandra Ghose is appointed as
the first Lokpal of India by a committee consisting of Prime Minister Narendra Modi and Chief Justice of India 
Ranjan Gogoi and Lok Sabha speaker Sumitra Mahajan on 23 March 2019 whereas the members are appointed
w.e.f 27 March 2019.. The Lokpal has jurisdiction over central government to inquire into allegations of corruption
against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed
in 2013 with amendments in parliament. The age of Lokpal (chairperson or member) on the date of assuming office
as the chairperson or a member should not be less than 45 years.
As of March 2019, and ever since the related Act of Parliament was passed in India. It consists of a chair person
and eight members, half of whom are judicial members who are or have been a Judge of the Supreme Court or a
Chief Justice of a High Court and the other half being non-judicial members are people of impeccable integrity and
outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating
to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and
management. An ombudsman is an official, usually appointed by the government, who investigates complaints
(usually lodged by private citizens) against businesses, financial institutions, universities, government departments,
or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation 
 Lok Ayukta
The Lok Ayukta is an anti-corruption ombudsman organization in the Indian
states. Once appointed, Lokayukta can not be dismissed nor transferred by the
government, and can only be removed by passing an impeachment motion by the
state assembly.(The Administrative Reforms Commission (ARC) headed by 
Morarji Desai submitted a special interim report on "Problems of Redressal of
Citizen's Grievances" in 1966. In this report, the ARC recommended the setting up
of two special authorities designated as 'Lokpal' and 'Lokayukta' for the redressal
of citizens' grievances.
The Lokayukta, along with the Income Tax Department and the Anti Corruption
Bureau, mainly helps people publicise corruption among the Politicians and
Government Officials. Many acts of the LokAyukta have resulted in criminal or
other consequences for those charged.
Maharashtra was the first state to introduce the institution of Lokayukta
through The Lokayukta and Upa-Lokayuktas Act in 1971.
 The Lokpal and Lok ayuktas Act 2013
The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act, is an
anti-corruption Act of Indian Parliament in India which "seeks to provide for the
establishment of the institution of Lokpal to inquire into allegations of corruption
against certain important public functionaries including the Prime Minister, 
cabinet ministers, members of parliament, Group A officials of the 
Central Government and for matters connecting them".
The Bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the
House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was subsequently
tabled in the Rajya Sabha on 29 December. After a marathon debate that stretched until
midnight of the following day, the vote failed to take place for lack of time. On 21 May
2012, it was referred to a Select Committee of the Rajya Sabha for consideration. It
was passed in the Rajya Sabha on 17 December 2013 after making certain amendments
to the earlier Bill and in the Lok Sabha the next day. It received assent from President 
Pranab Mukherjee on 1 January 2014 and came into force from 16 January.
 Issues Draft Lokpal Bill, 2011
Composition Chairperson and 10 members (at least 4 judicial members)
Tenure Five years or till he is 70 years
Manner ofPresidential appointment on the recommendation of the selection
appointment committee.
Prime Minister, speaker, Leader of the House of which PM is not
member, Minister of Home Affairs, Leader of the Opposition in both
Committee
Houses, judge of Supreme Court, Chief Justice of a High Court,
membership
President of National Academy of Science, Cabinet Secretary
(secretary of committee).
Impeccable integrity with at least 25 years of experience in public
affairs, academics, commerce, finance etc. Once appointed, cannot be
Qualification an MP, MLA or be connected with a political party, business or
practice a profession. A judicial member has to be either a Chief
Justice of the High Court or a judge of the Supreme Court.
 Complaint against members are made to the President who may refer it to
the Supreme Court who will conduct an inquiry. The President may
Removal
remove the member, on the opinion of the Chief Justice, on grounds of
bias, corruption, insolvency, paid employment or infirmity.
All corruption cases under the Prevention of Corruption Act, 1988. It
covers MPs, Ministers, 'Group A' officers, 'Group A' officers in a company
or body owned by the government, any officer of a government-financed
Jurisdiction
society or trust or funded by Foreign Contribution (Regulation) Act, 1976
or that gets funds from the public. Excludes PM, judiciary and any action
of an MP in the Parliament or Committee.
Lokpal must conduct a preliminary inquiry within 30 days. If there is no
prima facie case, the matter is closed. Given a prima facie case, Lokpal
investigates after providing a suitable forum to the accused. The
Investigation investigation must be completed within six months with an optional six-
month extension after giving reasons in writing. No sanction shall be
required by the Lokpal to investigate any complaint against a public
servant.
 The Lokpal may constitute a prosecution wing headed by a director who
files cases in the Special Court (to be constituted by the central
government on recommendation of the Lokpal). Trials must complete
within one year, which may be extended to two years for reasons given in
writing. No sanction is required to file a case against a public servant. The
Lokpal files cases in the Special Court and sends a copy of the report to the
competent authority.
Procedure for persons other than MPs and ministers: The competent
Prosecution authority is the Minister for officers of government bodies and the society
head for officers of societies. The Lokpal recommends disciplinary
proceedings to the competent authority and provides a copy of the report to
the accused. The competent authority must take action within 30 days and
inform the Lokpal within 6 months of initiating disciplinary proceedings.
Procedure for MPs and ministers: The competent authority is the PM for
Ministers and the Lok Sabha or Rajya Sabha for MPs. The
Speaker/Chairman tables the report in Parliament. The House reports to the
Lokpal on any action taken within 90 days.
 Any person making false and frivolous or vexatious complaints shall
Penalty be penalised with 2 to 5 years of jail and fine of ₹25,000 to
₹200,000.
Funding Paid by Consolidated Fund of India.
The Lokpal can search and seize documents, attach property for 90
Other powers days, file for confirming the attachment within 30 days, and
recommend suspension of the accused.
 State Executives (राज्य के कार्यकारी अधिकारी)

State Executive consists of Governor and the Council of

Ministers with the Chief Minister as its head. The
Governor of a state is appointed by the President for a
term of five years and holds office during his pleasure.
Only Indian citizens above 35 years of age are eligible for
appointment to this office. Executive power of the state is
vested in Governor.
The Chief Minister is appointed by the Governor, who
also appoints other ministers on the advice of the Chief
Minister. The Council of Ministers is collectively
responsible to the Legislative Assembly of the state.
 Powers and Functions of the Governor (राज्यपाल)

The Governor of the state shall possess executive, legislative, financial and judicial
powers. But he does not possess diplomatic, military or emergency powers which
President of India has.
The powers and functions of Governor can be classified under following heads:
1. Executive powers 2. Legislative powers 3. Financial powers 4. Judicial powers
Executive Powers
As stated above the executive powers refer to those powers which are exercised by
the council of ministers in the name of Governor. Hence Governor is only nominal
head and council of ministers is the real executive. The following posts are
appointed by Governor and hold office during his term: Chief Minister of the state,
other ministers of the state on the advice of Chief Minister, Advocate General. He
can recommend the imposition of constitutional emergency in a state to the
President. During the period of President’s rule in a state, the governor enjoys
extensive executive powers as an agent of the President.
Legislative Powers:
This power of Governor can be classified further in to 2 sub groups i.e. wrt to bills and wrt
legislature.
With Respect to Bills
• When a bill other than money bill is presented before Governor for his assent, he either gives
assent to the bill, with hold his assent to the bill, return the bill for reconsideration of houses, but
if the bill is passed again by state legislature with or without amendments, he has to give his
assent or reserve the bill for consideration of President.
With Respect to Legislature:
He has the power to summon (calling), prorogue(organised) the state legislature and can also
dissolve(end) the legislative assembly when it loses the confidence (article 176).
Financial Powers
• He lays before the legislature annual financial statement (state budget)
• Money bill can only be introduced in state legislature on his prior recommendation
• No demand for grant can be made except on his recommendation
• Money from contingency fund can be withdrawn after his recommendation for meeting the
unforeseen expenditures (अप्रत्याशित व्यय ).
• He constitutes finance commission for every 5 years to review the financial situation of
municipality and panchayats.
Judicial Powers (न्यायिक शक्तियाँ ) –
President consults the Governor of the concerned state while making appointment to the judges of
State High Court.
Pardoning powers (क्षमा शक्ति-)-
He has the below pardoning powers against any offences to which state power extends.
•Pardon- completely absolve the offender
•Reprieve(निरस्त)- stay on execution of sentence
•Respite(राहत)-awarding lesser punishment in some special circumstances
•Remission क्षमा - reduction of sentence without changing the character
•Commutationकम कर देना-substitution of one form with other
Discretionary Powers- Ordinance making power अध्यादेश बनाने की शक्ति
 Powers and Functions of the Chief Minister (मुख्यमंत्री)

The powers and functions of CM can be classified under following heads:

• With respect to council of ministers –
The following are the powers of CM with respect to state council of ministers –
1). He advises the Governor to appoint any person as a minister. It is only
according to the advice of CM the Governor appoints ministers.
2).  Allocation and reshuffling of portfolios among ministers.
3). In case of difference of opinion; he can ask minister to resign.  
4). Directs, guides and controls activities of all the ministers.
5). If the Chief Minister resign then full cabinet has to resign.
With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link
between Governor and state council of ministers. The functions with respect to
the Governor are as follows: 
1). CM has to communicate to the Governor all the decisions of the council of
ministers relating to the administration of the states.
2). Whenever the Governor calls for any information relating to the decisions
taken or regarding the administration, the CM has to provide him the same
3). The Governor can ask for consideration of council of ministers when a
decision has been taken without the consideration of the cabinet.
4). CM advises Governor regarding the appointment of important officials like
Attorney General, State Public Service Commission (Chairman and Members),
State Election Commission etc.
• With Respect to State Legislature राज्य विधानमंडल के सम्मान के साथ -–
1) All the policies are announced by him on the floor of the house.
2) He recommends dissolution of legislative assembly to the Governor.
3) He advises the Governor regarding summoning, proroguing the sessions of
State  Legislative Assembly from time to time.
• Other Functions
1) At the ground level he is the authority to be in contact with the people
regularly and know about their problems so as to bring about policies on the floor
of the assembly.
2) He acts as the chairman of State Planning Commission.
3) He is the vice chairman of concerned zonal council in rotation for a period of
one year.
4) During emergencies he acts as the crisis manager in the state.
 Functions of State Cabinet (राज्य मंत्रिमंडल के कार्य)
The Council of Ministers performs the following functions:
(i) Formulation of Policies:
The Ministers formulate the policies of the government. The Cabinet takes
decisions on all major problems—public health, relief to the disabled and
unemployed, prevention of plant diseases, water storage, land tenures and
production, supply and distribution of goods. When it has formulated a policy,
the appropriate department carries it out.
(ii) Administration and Maintenance of Public Order:
The executive power is to be exercised in such a way as to ensure compliance
with State laws. The Constitution empowers the Governor to make -rules for the
more convenient transaction of the business of the Government. All such rules
are made on the advice of the Council of Ministers.
(iii) Appointments:
The Governor has the power to appoint the Advocate-General and the Members
of the State Public Service Commission. The Vice-Chancellors of the State
Universities and members of various Boards and Commissions are all appointed
by the Governor. The Governor cannot make these appointments at his will. He
must exercise these functions on the advice of his ministers.
(iv) Guiding the Legislature (विधानमंडल का मार्गदर्शन करना):
Most of the Bills passed by the Legislature are Government Bills, prepared in the
ministries. They are introduced, explained and defended in the State Legislature
by the Ministers. The Cabinet prepares the Governor’s Address in which it sets
forth its legislative programme at the commencement of the first session of the
Legislature each year.
For weeks at a stretch the Cabinet’s proposals take over every working moment
of the House. The Cabinet makes sure that all government bills will be translated
into laws.
(v) Control over the State Exchequer:
The State budget containing the estimates of income and expenditure for the ensuing year is
placed by the Finance Minister before the State Legislature. The Legislature cannot take the
initiative in the case of a Money Bill. Such a Bill must be recommended by the Governor and
can be introduced only by a Minister. The initiative in financial matters lies with the
Executive.
(vi) Execution of Central Laws and Decisions of the Union Government (संघ सरकार ):
The Union Government is empowered to give directions to the State-governments in certain
matters. The States should exercise their executive power so as to ensure compliance with the
laws made by Parliament. They should not do anything which would hamper the executive
power of the Union.
Railways, for instance, is a Union subject, but police, including railway police, is a State
Subject. The Union Government can give directions to the State Executive as to the measures
to be taken for the protection of railways within the State.
 Functions of State Legislature (राज्य विधानमंडल )
The State Legislature performs the following categories of functions: 
1.Legislative Functions: The Assembly has the sole right to legislate. All the laws must
be passed by it. Where there is a bicameral legislature, the ordinary Bills can be
introduced in any of the Houses. A Bill passed by the Legislative Assembly is sent to the
Legislative Council which has to pass it or to return it with recommendations to the
Legislative Assembly (विधान सभा) . If the Legislative Assembly passes that Bill once again
either with recommendations of the Council or without those, it shall be deemed to have
been passed by both the Houses. As regards, Money Bills, these can be introduced only in
the Legislative Assembly. After the Assembly passes the Money Bill, it goes to the
Legislative Council(विधान परिषद) which has to pass it or return the Bill to the Assembly with
its recommendations within 14 days of the receipt of the Bill. Even if the Assembly rejects
the recommendations of the Council, it will be deemed to have been passed by both the
Houses. Once the Bill is passed by the Legislature, it is sent to the Governor for his/her
assent. He/She cannot withhold the assent on the Money Bill but can send back an
ordinary bill for reconsideration or can reserve any of the bills for consideration by the
1.a
2.Control over the Executive: The State Legislature keeps control over the executive.
The Council of Ministers is responsible for Vidhan Sabha collectively. It remains in the
office so long as it enjoys the confidence of the House. The Council of Ministers is
removed if the Vidhan Sabha adopts a motion of no-confidence against it. Moreover,
The State Legislature keeps checks on the government by asking questions and
supplementary questions, moving adjournment motions and calling attention notices.
3.Electoral Functions: The elected members of the Legislative Assembly are members
of the Electoral College for the election of the President of India. The members of the
Vidhan Sabha also elect the members of the Rajya Sabha from their respective States.
Moreover, they elect one-third members of the Legislative Council of their own State. 
4.Functions related to Constitutional Amendments: There are important functions of
the State Legislature related to the amendment of the Constitution. A constitutional
amendment requires the support of a special majority of each House of the Parliament as
well as ratification by not less than half of the States where the State Legislatures ratify
the amendments.
 Functions of High Court
1. (a) Original Jurisdiction:
The High Courts of Bombay, Calcutta and Madras possess original jurisdictions
in civil and criminal cases arising within these towns. They are authorized to
hear a civil case involving property of the value of Rs. 20,000/- or more. This is
an exclusive right enjoyed by these three High Courts.
(b) Original Jurisdiction regarding Fundamental Rights:
The High Courts have been empowered to issue writs in order to enforce
fundamental rights.
(c) Original Jurisdiction in respect of some other Cases:
All High Courts possess original jurisdiction in cases relating to divorce, will,
admiralty and contempt of court.
2. Appellate Jurisdiction:
(a) Appellate Jurisdiction in Civil Cases:
In a civil case appeal to the High Court can be made against the decision of a
district court. An appeal can also be made from the subordinate court directly,
provided the dispute involves a value higher than Rs. 5000/- or on a question of
fact or law.
(b) Jurisdiction in Criminal Cases:
An appeal to the High Court lies in case a Sessions Court has awarded the
punishment of four years or more. All cases involving capital punishment
awarded by the Session Court come to High Court as appeals. A death sentence
awarded to a criminal by a Session Court can be carried out only if the High
Court upholds the decision. Any case involving an issue of interpretation of the
Constitution can go to the High Court as an appeal.
3. High Court as the Court of Record:
High Courts, like the Supreme Court of India, are also Courts of Records. The records of
all their judgements can be the basis for deciding cases by the subordinate courts. Each
High Court has the power to punish all cases of its contempt by any person or institution.
4. Power of Judicial Review:
Like the Supreme Court of India, each High Court also enjoys the power of Judicial
Review. It has the power to declare any law or ordinance unconstitutional if it is found to
be against the Constitution of India.
5. Power of Certification:
In most of the cases decided by a High Court, an appeal can go to the Supreme Court only
when it is certified by the High Court that such an appeal can be made.
6. Administrative Powers of a High Court:
(i) It has the power to superintend and control all subordinate courts.
(ii) It can issue 1 rule regulating the working of subordinate courts.
(iii) It can ask for the details of the proceedings from subordinate courts.
(iv) It can transfer any case from one court to another and can even transfer the case to
itself and decide the same.
(v) It has the power to investigate or enquire into the record or other connected
documents of any court subordinate to it.
(vi) Each High Court has the power to appoint its administration staff and determine
their salaries, allowances and other conditions of service.
(vii) The appointment, promotion and posting of the district judges is made by the
Governor in consultation with the High Courts. .
Position of the State High Court:
The High Courts occupy an important position in the judicial system of India. These
are parts of an integrated and unified judicial system below the Supreme Court of
India. Each High Court is a creation of the Constitution and as such it functions in
accordance with the Constitution.
Each High Court enjoys full autonomy of working. These are under the
administrative control of the Supreme Court but these enjoy full freedom to
administer justice. High Courts have been effectively playing their role in protecting
the Fundamental Rights and the Constitution from unnecessary restrictions of the
government.
 Functions of Subordinate Courts
The district court or additional district court exercises jurisdiction both on original side and 
appellate side in civil and criminal matters arising in the district. The territorial and pecuniary
jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil
courts. On the criminal side, jurisdiction is exclusively derived from the 
criminal procedure code. As per this code the maximum sentence a sessions judge of district
court may award to a convict is capital punishment. The district court has appellate
jurisdiction over all subordinate courts situated in the district on both civil and criminal
matters. Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge
Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court).
Subordinate courts, on the criminal side, in ascending order, are Second Class Judicial
Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.
Certain matters on criminal side or civil side cannot be tried by a lower court than a district
court. This gives the district court original jurisdiction in such matters. Appeals from the
district courts lie to the High Court of the concerned state and further it goes to Supreme Court
if the any of the party is not satisfied with the decision given by the High Court.