Parliament & judiciary

Parliament & Judiciary – Study Notes

(DELF – General Awareness & Current Affairs)

1. Simple Explanation

2. Key Points

A. Parliament

1. Structure
   • Bicameral:
     • Lower House – e.g., Lok Sabha (India), House of Commons (UK).
     • Upper House – e.g., Rajya Sabha (India), House of Lords (UK).
   • Monocameral in some countries (e.g., Finland).
2. Functions
   • Legislation – propose, amend, and pass bills.
   • Oversight – scrutinise the executive, budget approval, question time.
   • Representation – members elected by the people.
3. Powers
   • Sovereign, constitutional, and legislative powers.
   • Budgetary control – can approve or reject government spending.
4. Process
   • Drafting → First Reading → Second Reading → Committee Stage → Report Stage → Third Reading → Passage → Presidential/Monarchial assent.

B. Judiciary

1. Structure
   • Supreme Court (highest appellate and original jurisdiction).
   • High Courts (state/territory level).
   • District & Sub‑District Courts (trial courts).
2. Functions
   • Interpretation of law – constitutional and statutory.
   • Protection of rights – fundamental rights, human rights.
   • Dispute resolution – civil, criminal, administrative cases.
3. Powers
   • Judicial Review – checks constitutionality of laws & executive actions.
   • Original Jurisdiction – in certain cases like disputes between states.
   • Appellate Jurisdiction – hears appeals from lower courts.

C. Key Differences

3. Worked Example

Scenario – Bill to Law and Judicial Review

1. Parliamentary Process

   • Bill: The Digital Privacy Protection Bill, 2025 is introduced in the Lower House.
   • First Reading: Title announced; no debate.
   • Second Reading: General principles debated; a vote is taken.
   • Committee Stage: Detailed scrutiny; amendments suggested by a select committee.
   • Report Stage: Amendments considered; final text passed.
   • Third Reading: Final debate; bill passed and sent to the Upper House.
   • Upper House: Follows similar stages; passes the bill unchanged.
   • Presidential Assent: President signs the bill; it becomes The Digital Privacy Protection Act, 2025.

2. Judicial Review

   • Challenge: A citizen files a petition before the High Court claiming that the Act violates Article 19(1)(a) (freedom of speech).
   • High Court Decision:
     • Facts: The Act imposes strict data‑retention requirements.
     • Law: Examines constitutional provisions and prior judgments (e.g., K.S. Puttaswamy v. Union of India).
     • Ruling: The Act is constitutional as it serves a legitimate public interest (national security). It does not infringe upon free speech beyond permissible limits.
   • Outcome: The petition is dismissed; the law stands.

Take‑away:

• Parliament can create laws through a multi‑step process.
• The judiciary can challenge and interpret these laws, ensuring they align with the Constitution.

4. Quick Revision Summary

Quick Self‑Check Questions

1. What are the two houses of the Indian Parliament?
2. Which court has the authority of judicial review in India?
3. List three functions of Parliament.
4. Explain the difference between original jurisdiction and appellate jurisdiction of the Supreme Court.

(Answer these without looking back at the notes to test your retention.)

Good luck with your DELF exam!