Chapter 17: President
Summary:
The President is the constitutional head of India — the “First Citizen” and nominal executive authority.
Important Points:
- Articles 52 to 62 → Deal with the President.
- Election:
- Indirect election (Electoral College: elected MPs + elected MLAs).
- No nominated members participate.
- Qualifications:
- Indian citizen, 35 years age, eligible for Lok Sabha, no office of profit.
- Term:
- 5 years (can resign or be impeached).
- Powers and Functions:
- Executive Powers (appoint PM, Governors, etc.).
- Legislative Powers (summon, prorogue Parliament; dissolve Lok Sabha).
- Financial Powers (money bills need President’s recommendation).
- Judicial Powers (grant pardons – Art 72).
- Emergency Powers (Art 352, 356, 360).
- Veto Powers:
- Absolute Veto, Suspensive Veto, Pocket Veto.
- No qualified veto (unlike USA).
- Ordinance Making Power (Art 123):
- President can issue ordinances during Parliament’s recess.
Key Highlight:
President exercises all powers on the advice of the Council of Ministers (Art 74).
Chapter 18: Vice-President
Summary:
Vice-President is the second-highest constitutional office.
Important Points:
- Articles 63 to 71 → Deal with Vice-President.
- Election:
- Indirect election (only MPs, no MLAs).
- Role:
- Ex-officio Chairman of Rajya Sabha.
- Acts as President during vacancy.
- Comparison:
- U.S. Vice-President has more powers; Indian VP mostly limited to Rajya Sabha functions.
Key Highlight:
Vice-President acts as President only temporarily, till a new President is elected.
Chapter 19: Prime Minister
Summary:
The Prime Minister is the real executive head of India — the central figure of the government.
Important Points:
- Appointment:
- Appointed by President. Must enjoy majority in Lok Sabha.
- Powers:
- Head of Union Council of Ministers.
- Leader of Lok Sabha.
- Chief Advisor to President.
- Chairperson of NITI Aayog, National Development Council, many committees.
- Importance:
- Real center of power.
- Principle of Collective Responsibility flows through PM.
Key Highlight:
Prime Minister = “Keystone of the Cabinet arch” (Herbert Morrison).
Chapter 20: Central Council of Ministers
Summary:
Council of Ministers assists the Prime Minister in governance and decision-making.
Important Points:
- Constitutional basis: Art 74 and 75.
- Three Categories:
- Cabinet Ministers (senior-most, decision-makers).
- Ministers of State (may have independent charge or assist Cabinet Ministers).
- Deputy Ministers (assist higher Ministers).
- Collective Responsibility:
- Council is responsible to Lok Sabha.
- Individual Responsibility:
- Minister responsible for their department.
- Kitchen Cabinet:
- Small informal group around PM, making key decisions.
Key Highlight:
Council of Ministers cannot function without the Prime Minister.
Chapter 21: Cabinet Committees
Summary:
Small groups of Ministers formed to streamline decision-making.
Important Points:
- Types of Committees:
- Standing (permanent) and Ad hoc (temporary).
- Major Cabinet Committees:
- Appointments Committee.
- Political Affairs Committee.
- Economic Affairs Committee.
- Parliamentary Affairs Committee.
- Security Committee.
- Headed by:
- Usually the Prime Minister.
Key Highlight:
Actual decisions are often made in Cabinet Committees, not full Cabinet.
Chapter 22: Parliament
Summary:
Indian Parliament = Lok Sabha + Rajya Sabha + President.
Important Points:
- Articles 79 to 122 → Deal with Parliament.
- Lok Sabha (House of the People):
- Directly elected.
- 545 Members (maximum).
- Term: 5 years.
- Rajya Sabha (Council of States):
- Indirectly elected by State Legislative Assemblies.
- Permanent body (1/3rd members retire every 2 years).
- 250 Members (maximum).
- Important Devices:
- Question Hour, Zero Hour, Adjournment Motion, No-confidence Motion.
- Money Bill:
- Introduced only in Lok Sabha, with Speaker’s certification.
- Joint Sitting:
- For deadlock on ordinary bills (not for Money Bills).
Key Highlight:
Lok Sabha has more powers than Rajya Sabha, especially in financial matters.
Chapter 23: Parliamentary Committees
Summary:
Committees ensure Parliament functions efficiently by detailed examination of issues.
Important Points:
- Types of Committees:
- Standing Committees (permanent).
- Ad hoc Committees (temporary).
- Important Committees:
- Public Accounts Committee (PAC).
- Estimates Committee.
- Committee on Public Undertakings.
- Departmental Standing Committees.
- Role:
- Review bills, budget, policies in depth.
Key Highlight:
Parliamentary Committees are known as the “Mini-Parliaments”.
Chapter 24: Parliamentary Forums
Summary:
Special forums created to focus on specific issues.
Important Points:
- Purpose:
- Promote interaction among MPs across party lines.
- Disseminate information on important issues.
- Examples:
- Parliamentary Forum on Water Conservation.
- Parliamentary Forum on Youth.
Key Highlight:
Parliamentary Forums increase expertise and awareness among MPs.
Chapter 25: Parliamentary Group
Summary:
The Indian Parliamentary Group (IPG) promotes parliamentary diplomacy.
Important Points:
- Voluntary association of MPs (current and former).
- Acts as link with Inter-Parliamentary Union (IPU) and Commonwealth Parliamentary Association (CPA).
Key Highlight:
IPG helps build India’s relations with other Parliaments globally.
Chapter 26: Supreme Court
Summary:
The Supreme Court is the guardian of the Constitution and final interpreter of the law.
Important Points:
- Articles 124 to 147 → Deal with Supreme Court.
- Composition:
- Chief Justice + maximum 33 Judges.
- Jurisdiction:
- Original (Centre vs State, State vs State).
- Appellate (civil, criminal, constitutional).
- Advisory (President’s references).
- Judicial Review:
- Declaring laws unconstitutional if against Constitution.
- Seat:
- New Delhi (can sit elsewhere by CJI permission).
Key Highlight:
Supreme Court = Protector of Fundamental Rights (via writ jurisdiction under Art 32).
Chapter 27: Judicial Review
Summary:
Judicial Review means the power of the courts to examine the constitutionality of legislative acts and executive orders.
Important Points:
- Meaning:
- Courts can declare laws/orders invalid if they violate the Constitution.
- Articles Related:
- Art 13: Laws inconsistent with Fundamental Rights are void.
- Art 32 & 226: Writ jurisdiction to enforce rights.
- Art 131, 136, 143: Supreme Court’s powers.
- Types of Judicial Review:
- Legislative Actions (laws).
- Executive Actions (orders, decisions).
- Judicial Decisions (subordinate courts’ judgments).
- Scope:
- Review of Central and State laws.
- Review of Constitutional Amendments (after Kesavananda Bharati case 1973).
- Judicial Review of Ninth Schedule:
- After I.R. Coelho Case (2007), even laws under Ninth Schedule (post-1973) can be reviewed.
Key Highlight:
Judicial Review protects the “Supremacy of the Constitution” and “Rule of Law.”
Chapter 28: Judicial Activism
Summary:
Judicial Activism refers to the judiciary’s proactive role in protecting rights and promoting justice, even stepping into areas generally left to legislature or executive.
Important Points:
- Meaning:
- Courts go beyond traditional interpretation and actively intervene.
- Factors Responsible:
- Public interest litigations.
- Decline in legislative/executive effectiveness.
- Increasing public awareness.
- Examples of Judicial Activism:
- Environmental protection (MC Mehta cases).
- Right to education (Unnikrishnan case).
- Right to food (PUCL case).
- Concerns:
- Fear of Judicial Overreach (Courts making policies).
- Disturbs Separation of Powers.
- Judicial Activism vs Judicial Restraint:
- Activism = Active interference for justice.
- Restraint = Minimal interference, respect for other organs.
Key Highlight:
Judicial Activism is considered the “guardian of the rights of people”, but needs self-restraint.
Chapter 29: Public Interest Litigation (PIL)
Summary:
PIL allows any individual or group to approach the court on behalf of disadvantaged people or public causes.
Important Points:
- Meaning:
- Relaxation of traditional “locus standi” (standing to sue).
- Allows concerned citizens to seek justice on behalf of others.
- Who can file?
- Any public-spirited person (not necessarily the victim).
- Scope of PIL:
- Environmental protection.
- Rights of bonded labourers, prisoners.
- Women’s rights, children’s rights.
- Clean governance.
- Guidelines for PIL (by Courts):
- Must not be motivated by personal/ political gains.
- Should serve larger public interest.
- Court can dismiss frivolous PILs.
- Advantages:
- Democratizes access to justice.
- Exposes corruption and maladministration.
- Challenges:
- Frivolous litigations clogging courts.
- Misuse for personal gains.
Key Highlight:
PIL is “Justice at the doorstep” for the poor and vulnerable sections.
[Quick Recap]
Now you have completed detailed notes up to Chapter 29:
| Chapter No. | Topic Covered |
|---|---|
| 27 | Judicial Review |
| 28 | Judicial Activism |
| 29 | Public Interest Litigation (PIL) |