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- The Government and Politics of India
- Legislature versus Judiciary
- Indian Polity & Governance: Complete Study Material
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One of the most important questions which engaged the attention of the framers of the Constitution was the nature of the Executive and its relation with the Legislature. Ambedkar observed in introducing the Constitution:. The Council of Ministers is collectively responsible to the House of the People. He can prorogue the two Houses and can dissolve the House of the People. The interval between two sessions must not exceed six Months.
The Government and Politics of India
This resource is periodically updated for necessary changes due to legal, market, or practice developments. Significant developments affecting this resource will be described below. What's on Practical Law? Show less Show more. Ask a question. Legal systems in India: overview. Related Content. Constitution Form. What form does your constitution take?
The Constitution of India of is a written document which currently comprises over Articles and 12 Schedules. It is the longest written constitution of any sovereign country in the world. The Constitution of India was drafted and adopted by a constituent assembly of elected representatives of the people and came into effect on 26 January The Constitution of India is not the creation of parliament but of the people of India and is therefore supreme.
India's constitutional supremacy is evidenced in the opening sentence of the Preamble to the Constitution of India: "We, The People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic".
The Constitution of India is sometimes referred to as a cosmopolitan document because it derives several of its features from foreign sources, most notably:. Parliamentary government, rule of law and bicameralism from the UK.
Directive Principles of State Policy from Ireland. Fundamental rights, judicial independence and functions of the president from the US. Concurrent list and freedom of trade from Australia. Fundamental duties from the former USSR. Having features of both federal and unitary constitutions, the Constitution of India is neither purely federal nor purely unitary, and is widely considered as quasi-federal in nature.
General constitutional features. What system of governance is provided for? System India is a union of 28 states and nine union territories, with Jammu and Kashmir being an erstwhile state divided into two union territories of Jammu and Kashmir and Ladakh, with effect from 31 October India has a parliamentary system, with legislatures at both union and state levels.
Head of state The President is the constitutional head of the Union of India, commander-in-chief of the Indian armed forces and head of the government. The "real" executive power is vested in the Prime Minister and the council of ministers and the President must act on their "aid and advice".
A similar system is established at the state level. While the governors are the head of the states, the executive powers are exercised by the chief ministers leader of the state government and their council of ministers. Structure The Indian Constitution has adopted a bicameral legislature at the union level. The Indian Parliament comprises two Houses, the:. Lok Sabha House of the People.
The political party or coalition of political parties with a majority in the Lok Sabha forms the government. The members of the Lok Sabha are directly elected by the people from their territorial constituencies. Rajya Sabha Council of States. The members of the Rajya Sabha are indirectly elected from the state assemblies.
However, the legislative powers of these two Houses are quite similar. At the state level, there is the state legislature. All states have a legislative assembly which is similar to the Lok Sabha and some states may also have a second House that is, a legislative council.
Currently, only seven of the 28 states have a legislative council. The legislative assemblies have significantly more power than the legislative councils. The number of the state legislature members depends on the population of the specific state.
Does the constitution provide for a separation of powers? The Constitution of India unlike the US and the Australian constitutions does not have an express provision for separation of powers.
However, it still recognises and incorporates the doctrine of separation of powers between three branches legislature, executive and judiciary. Therefore, while no formal lines have been drawn between them, it is widely considered that the doctrine of separation of powers "runs through" the Constitution of India.
There is often an overlap in the scope of the functions of the three branches. Because of the parliamentary form of government, the dividing line between the executive and the legislature is naturally rather a fine one. Under the Constitution, the executive can legislate using:. The ordinance-making powers of the President and the governors. The legislature exercises some form of control over the judiciary in that it can legislate on the constitution, jurisdiction and powers of the courts, and can also impeach judges.
The judiciary has wide powers to review and strike down unconstitutional executive and legislative decisions and actions. The legislature can make such rulings ineffective by amending the law while staying within the constitutional limits a concept known as "legislative overruling".
This is an example of the inherent checks and balances under the Constitution which further strengthen the separation of powers. Despite the fact that the three branches interconnect and have functional overlaps, the Indian judiciary has recognised the doctrine of separation of powers as a basic feature of the Constitution and an essential part of the rule of law.
What is the general legislative process? India's parliamentary system empowers legislating at the union level by the Indian Parliament, and at the state level by the state legislatures. Their subjects of legislation are clearly defined under two separate lists in the Constitution of India, the Union List and the State List. There is also a Concurrent List of subjects on which both Parliament and the state legislatures can legislate.
If there is a conflict between a legislation of the union and a state, union legislation prevails although there are some exceptions to this. The law-making procedure is generally similar at both levels.
This section focuses more on the legislative process of the Indian Parliament and reference is made to the state legislatures only where there is a material difference. Proposal and drafting Typically, the text of a proposed law that is, a bill is drafted by the relevant ministry of the government. The bill is circulated to other relevant ministries and sometimes even to the public, for their input. After revisions are made as necessary , the bill is presented for approval to the council of senior ministers, headed by the Prime Minister this is known as the Union Cabinet.
The only exception to this is money bills bills of a fiscal nature which can be introduced only in the Lok Sabha. Scrutiny In either House of the Parliament, a bill generally goes through three readings, that is:.
One for introduction. Once a bill is passed by a majority in one House, it is then introduced to the other House where the same stages are repeated.
All bills except money bills need the approval of each House. This is different from the state legislatures where the legislative council only plays an advisory role and where the legislative assembly is the final authority.
For money bills, the Lok Sabha has the final authority and the Rajya Sabha has only recommendatory powers. After a Bill is passed by majority in both Houses, the bill is sent to the President for assent. The President can seek information or clarification about the bill and can return it to the Parliament for reconsideration but only once.
If both Houses pass the bill again regardless of whether they implement the President's recommendation , the President must give his or her assent.
Enactment When Presidential assent is received, the Bill becomes an Act of Parliament and is notified in the official government gazette. The President can also legislate by passing an ordinance when the Parliament is not in session. Once the Parliament is in session again, the ordinance must be ratified by the Parliament for it to continue as a law otherwise it will lapse.
The governor has similar ordinance-making powers at the state level. Is there a doctrine by which the judiciary can review legislative and executive actions? Under the Constitution, the superior judiciary has been said to offer one of the widest and most extensive scopes of judicial review in the world.
The power of judicial review of legislative and executive action is considered to be an essential tool for preserving the doctrine of separation of powers and the rule of law. The Supreme Court of India and the High Courts can review and invalidate legislative or executive actions if they are found to breach the Constitution.
This power is not exercised suo moto that is, on its own motion , but only when the validity of an action, law or rule is specifically challenged before the court. Judicial review must be exercised with judicial restraint. The courts must not encroach into the legislative or executive domain by rewriting legal provisions or by making policy decisions. Are certain emergency powers reserved for the executive? The Constitution of India recognises three kinds of emergencies:.
National emergency. National emergency can be declared if there is a threat to the security of India or a part of India. It must be subsequently approved by Parliament within one month, and can be repeatedly extended. All fundamental rights under the Constitution except the rights to life and personal liberty are automatically suspended. National emergencies have been declared three times in India's history, two of which were during wars.
State emergency. State emergency can be declared in a state if it is found that the "constitutional machinery" of the state has failed that is, the governance cannot be carried out in a constitutional manner. Loss of majority of the ruling party in the state government, collapse of coalition or death of the chief minister of a state have been the most prominent causes of imposition of state emergency in India. Once declared, the President assumes all executive and administrative power of that state this is known as the President's rule.
State emergency must be approved by Parliament within two months and can be extended for a maximum period of three years. An extension beyond one year can be made only if a national emergency has been declared and it is difficult to hold elections in that state.
Legislature versus Judiciary
Skip to main navigation. In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist 78 that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution. The U. Constitution is the nation's fundamental law. It codifies the core values of the people. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
Indian Polity is one of the essential disciplines of Social Science that makes us understand our democratic governance as well as our rights. This tutorial is divided into different chapters and explains the concept of Indian Constitution and democratic type of governance. This tutorial is designed exclusively for the students preparing for the different competitive exams including Civil Services, Banking, Railway, Eligibility Test, IAS, PCS , and all other competitive exams of such kind. Furthermore, school students especially class 11 th and 12 th standard can also take advantage of this tutorial for the fast revision of their Political Science course especially during the annual exam time. This tutorial is entirely based on NCERT Political Science class 8 th to 12 th Books; all the important points, concepts, and definitions are filtered; therefore, prior knowledge of basic Indian Polity or else having past experience of reading NCERT Political Science books is essential to understand the topics. Previous Page Print Page.
The Indian Constitution has been regularly referred to in the previous two Social and Political Life attempt here is to familiarise the student with a very basic understanding of the significance of because the administration of these laws.
Indian Polity & Governance: Complete Study Material
This book is also available in other formats: View formats. Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation.
The doctrine of separation of powers implies that each pillar of democracy — the executive, legislature and the judiciary — perform separate functions and act as separate entities. The executive is vested with the power to make policy decisions and implement laws. The legislature is empowered to issue enactments. The judiciary is responsible for adjudicating disputes. The doctrine is a part of the basic structure of the Indian Constitution  even though it is not specifically mentioned in its text.