Parliament & Judiciary – Advanced Study Notes for the Madhya Pradesh TET (Teacher Eligibility Test)
General Awareness & Current Affairs
Target Audience: First‑year law students, political science scholars, and educators preparing for TET.
Style: MIT‑level, rigorous, first‑principles approach, with edge cases and a challenging problem at the end.
Format: Markdown – clear headings, bullet points, equations, footnotes, and citations where necessary.
1. Introduction
| Concept | Definition | Why It Matters in the TET Context |
|---|---|---|
| Parliament | The supreme legislative body of the Republic of India, established by the Constitution. | Exam questions test knowledge of its structure, functions, and constitutional authority. |
| Judiciary | The system of courts that interprets laws, protects rights, and resolves disputes. | Critical for understanding the checks and balances, judicial review, and the relationship with Parliament. |
Key Takeaway: The Constitution enshrines a separation of powers among the Legislature, Executive, and Judiciary. Yet, in practice, these branches interact, collaborate, and sometimes clash – a dynamic that must be mastered.
2. The Indian Parliament – Foundations & Functioning
2.1 Constitutional Basis
| Article | Provision | Significance |
|---|---|---|
| Article 79 | Establishes a bicameral Parliament (Lok Sabha & Rajya Sabha). | Basis for all subsequent procedural rules. |
| Article 95 | Defines the functions of Parliament (legislation, taxation, etc.). | Clarifies that Parliament has the exclusive power to make laws. |
| Article 96 | Grants Parliament the power to amend the Constitution. | Formally allows constitutional change, subject to the basic‑structure doctrine. |
2.1.1 The Doctrine of Basic Structure
- Origin: 1973 Kesavananda Bharati v. State of Kerala (Supreme Court, 13th Amendment, SCR 1123).
- Principle: Certain fundamental features (separation of powers, federalism, secularism, etc.) cannot be altered by Parliament.
- Implication: Any constitutional amendment that tries to change the basic structure is void.
Edge Case: In S.R. Bommai v. Union of India (1994), the Court struck down a state’s dissolution order as violating the basic structure.
2.2 Composition
| House | Number of Members | Term | Selection Method |
|---|---|---|---|
| Lok Sabha | 543 (plus 2 nominated by the President for Anglo‑Indian community, now abolished) | 5 years | Direct election (First‑Past‑the‑Post) |
| Rajya Sabha | 245 (233 elected, 12 nominated) | 6 years (one‑third retire each year) | Indirect election by State Legislatures using Single Transferable Vote; 12 nominated by President for contributions to art, science, etc. |
Advanced Note: The Single Transferable Vote (STV) method ensures proportional representation, thereby influencing how political parties strategise elections.
2.3 Legislative Process (First Principles)
- Drafting – Bill is prepared by the Government or an individual MP/MLA.
- Introduction – First reading (no debate).
- Second Reading – Detailed debate and committee scrutiny.
- Third Reading – Final debate, voting.
- Assent – President’s assent for Lok Sabha bills; for Rajya Sabha bills, assent is required for bills of money and constitutional amendments.
2.3.1 Role of Committees
- Standing Committees (e.g., Public Accounts Committee) – oversee specific functions.
- Joint Committees – comprise members from both houses.
- Advisory Committees – recommend measures in specialized fields.
Edge Case: The Committee on the Conduct of Public Servants (CCPS) can investigate MPs’ misconduct, but its findings are advisory – no direct disciplinary power.
2.4 Parliamentary Powers & Limitations
| Power | Detail | Constitutional Constraint |
|---|---|---|
| Legislative | Enact laws on any matter not exclusive to the state | Must respect basic structure and Federalism |
| Budgeting | Approve the annual General Fund | Can be challenged via Judicial Review if violating constitutional mandates |
| Oversight | Question‑time, committee investigations | Cannot invoke non-justiciable matters (e.g., foreign policy decisions) |
Advanced Insight: The "Doctrine of Parliamentary Sovereignty" is limited by the Supreme Court's power of judicial review, especially regarding fundamental rights and basic structure.
3. The Indian Judiciary – Structure & Doctrine
3.1 Constitutional Foundation
| Article | Provision | Practical Impact |
|---|---|---|
| Article 124 | Establishes the Supreme Court; lists its functions. | Supreme Court is the apex judicial authority. |
| Article 129 | Establishes High Courts; details jurisdiction. | Each state has at least one High Court. |
| Article 233 | Establishes Subordinate Courts. | Enables local justice delivery. |
3.1.1 Judicial Review
- Origin: Kesavananda Bharati – the power to strike down laws that infringe fundamental rights or violate basic structure.
- Scope: All laws, including constitutional amendments, subject to judicial scrutiny.
- **Limitations