Parliament & Judiciary – Advanced Study Notes
Designed for the Himachal Pradesh PSC (General Awareness & Current Affairs)
Audience: Candidates preparing for the “Parliament & Judiciary” section of the Himachal Pradesh Public Service Commission exams.
Depth: MIT‑level exposition – first principles, rigorous reasoning, edge‑case analysis, and a challenging problem.
Format: Markdown – easily copy‑pasted into notes or flashcards.
1. Overview
| Domain | Key Institutions | Core Functions | Relevance to Himachal Pradesh |
|---|---|---|---|
| Parliament | Lok Sabha, Rajya Sabha, Parliament House | Representation, legislation, oversight, budget | Central laws affect state policy; state‑parliament relations (Article 246) |
| Judiciary | Supreme Court, High Courts, Sub‑ordinate Courts | Interpretation of law, protection of rights, dispute resolution | State judiciary’s hierarchy, judicial discipline, constitutional tribunals |
2. Parliament – The Apex of Legislative Power
2.1 Constitutional Basis
- Preamble: “We, the people...” → sovereign source of authority.
- Article 79–122: Establishes the Parliament, its powers, and procedure.
- Separation of Powers: Legislative vs. Executive vs. Judiciary (see §7).
2.2 First Principles
-
Sovereignty & Representation
- Parliament embodies the will of the people (Article 93).
- Two houses: direct (Lok Sabha) vs. indirect (Rajya Sabha) representation.
-
Legislative Process
- Introduction → First Reading → Committee Stage → Second Reading → Third Reading → Passage → Presidential Assent.
- Bill Types: Money, Constitutional, Ordinary, Emergency.
-
Checks & Balances
- Executive Accountability: Question Hour, Zero Hour.
- Legislative Authority: Parliament can override executive decisions, subject to constitutional limits (e.g., Article 74).
2.3 Structure and Composition
| House | Seats | Composition | Term | Election/Appointment |
|---|---|---|---|---|
| Lok Sabha | 545 | 543 elected + 2 nominated | 5 yrs | Direct universal adult franchise |
| Rajya Sabha | 245 | 233 elected by State Legislatures (proportional representation) + 12 nominated | 6 yrs (1/3 retire every 2 yrs) | Indirect election + nomination by President |
Edge Cases
- Vacancies: Filled by by‑elections; nomination of the President for Rajya Sabha to represent “artistic, literary, scientific” fields.
- Dual Membership: MPs may hold a state legislative seat but must resign upon election to Parliament (Article 102(4)).
2.4 Parliamentary Committees – The Real Machinery
- Standing Committees: Finance, Public Accounts, Estimates – scrutinize executive spending.
- Select Committees: Bills, Complaints – detailed examination.
- Joint Committees: Between houses, e.g., Joint Committee on Money Bills.
Special Notes for PSC
- Committee Reports: Often cited in exam questions; memorize landmark reports (e.g., 2013 Finance Committee on GST).
- Amendment Procedure: Requires a two‑sided majority; “double dissolution” possible under Article 85.
2.5 Powers & Functions
| Category | Power | Constitutional Basis | Edge Cases |
|---|---|---|---|
| Legislative | Enact laws | Art. 79–122 | Money Bills → Rajya Sabha cannot amend |
| Financial | Approve the budget | Art. 112; 112(1) | Emergency budget under Art. 112(1)(c) |
| Oversight | Question hour, impeachment | Art. 101 (Impeachment) | 2023 impeachment of SC judge – procedural debate |
| Constitutional | Amendments | Art. 368 | 42nd Amendment – Parliament’s competence limited to certain articles |
2.6 Edge‑Case Scenarios
| Scenario | Issue | Constitutional Provision | Typical PSC Question |
|---|---|---|---|
| Emergency | Parliament suspends state rights | Art. 352, 356 | How does Article 356 affect Himachal Pradesh? |
| Parliament vs. Supreme Court | Judicial review of a law | Art. 13 | When can Parliament override a SC decision? |
| Nomination of Rajya Sabha MPs | Political neutrality | Art. 80 | Can a sitting MP be nominated? |
3. Judiciary – The Guardian of Rights
3.1 Constitutional Architecture
| Level | Jurisdiction | Appointment | Tenure |
|---|---|---|---|
| Supreme Court | Ultimate appellate, original jurisdiction on constitutional matters | President by collegium | Retires at 65 |
| High Court | Appellate & original jurisdiction in state matters | Governor on recommendation of collegium | Retires at 62 |
| Sub‑ordinate Courts | Civil & criminal trial courts | State/central government | Retires at 60 (civil) / 62 (criminal) |
Edge Cases
- Special Cours: e.g., Special Court for corruption, Military Courts.
- Constitutional Tribunals: Election Commission, CBI, etc.
3.2 First Principles of Judicial Review
- Constitutional Supremacy – All laws are subordinate.
- Rule of Law – Courts interpret law, not legislate (except in Article 13).
- Judicial Independence – Security of tenure, financial autonomy, appointment process.
3.3 Appointment & Tenure – The Collegium System
- Supreme Court: Collegium of 5 judges (Chief Justice + 4 senior-most).
- High Court: Collegium of 3 judges (Chief Justice +