Parliament & Judiciary – Study Notes (Andaman & Nicobar Islands Forest Guard)
Subject: General Awareness & Current Affairs
Exam Focus: IIT‑JEE / Competitive Exam Level
These notes are structured to give you a deep, exam‑ready understanding of India’s legislature and judiciary, with emphasis on rules, recent reforms, and tricky concepts that often appear in competitive exams.
1. The Parliament of India
| Feature | Details |
|---|---|
| Bicameral | Lok Sabha (House of the People) & Rajya Sabha (Council of States) |
| Head of State | President of India (represented by the Vice‑President in the Rajya Sabha) |
| Convenor | Speaker of Lok Sabha, Chairman of Rajya Sabha (or Vice‑President) |
1.1 Lok Sabha
| Item | Explanation |
|---|---|
| Composition | 543 members directly elected; 1-2 seats for Indian citizens in the diaspora (under the Election of Members of Parliament (Delhi) Act, 2008). |
| Term | 5 years, unless dissolved sooner. |
| Powers | Financial (money bills), legislative, discretionary on the President’s duties, can summon the President. |
| Money Bill | Article 110: Only Lok Sabha can introduce; approval of Rajya Sabha is optional. |
| Session Types | Monsoon, Winter, Summer; Joint sessions for constitutional amendments. |
1.2 Rajya Sabha
| Item | Explanation |
|---|---|
| Composition | 245 members: 233 elected by State Legislative Assemblies (proportional representation, single transferable vote) + 12 nominated by the President (arts, science, literature, social service). |
| Term | 6 years; one-third retire every two years (ensures continuity). |
| Powers | Can amend or reject bills (except money bills); can propose amendments; can initiate impeachment proceedings. |
| Special Functions | Caucus system (political parties), Committee on Delegated Legislation, Judicial Review of bills. |
1.3 Joint Session
- Convened for:
- Amending the Constitution (Article 368) – requires 2/3rd majority of the entire membership.
- Resolution for President’s removal (Article 61) – needs 2/3rd majority of members present and voting.
- Tricky Point: The majority refers to the total membership, not just those present.
1.4 Parliamentary Committees
- Standing Committees – e.g., Committee on Public Undertakings, Committee on Estimates.
- Advisory Committees – e.g., Committee on Subordinate Legislation.
- Special Committees – e.g., Committee on Budget.
Why they matter: Many exam questions ask about the role of committees or the process for bills.
1.5 Key Constitutional Articles
| Article | Relevance |
|---|---|
| 48 | Directive Principles – the Parliament must make laws to promote welfare. |
| 80 | Legislative powers of Parliament & State Legislatures. |
| 101 | Composition & powers of Parliament. |
| 103 | Parliamentary Privilege. |
| 104 | Parliamentary Proceedings. |
| 105 | Parliamentary Privileges. |
| 106 | Parliamentary Privilege – protection from prosecution. |
2. The Judiciary of India
2.1 Supreme Court of India
| Feature | Details |
|---|---|
| Established | 28 January 1950 (Art. 124). |
| Composition | Chief Justice + 14 other judges (maximum). |
| Appointment | President (Art. 124(2)), after consultation with the Supreme Court Collegium. |
| Jurisdiction | Original, appellate, and advisory. |
| Key Functions | |
| • Judicial Review | Checks executive & legislature (Art. 131, 134). |
| • Constitutional Interpretation | Binding on all courts. |
| • High Court & Subordinate Court Disputes | (Art. 136). |
| • Supreme Court Amendment | 42nd & 44th Amendments restructured the Collegium. |
2.1.1 Judicial Review
- Constitutional: Limits on laws that contravene fundamental rights.
- Non‑Constitutional: Review of executive orders, administrative actions.
2.1.2 Important Jurisprudence
| Case | Significance |
|---|---|
| Kesavananda Bharati (1973) | Basic Structure doctrine. |
| S. R. Bommai (1994) | State Imposition of Emergency. |
| Maneka Gandhi (1978) | Expansive interpretation of Article 21. |
| S. R. Vasudevan (2018) | Right to privacy as part of Article 21. |
| N. R. H. & Others v. State (2021) | Right to a fair trial – Section 131 of the Criminal Procedure Code (CrPC). |
2.2 High Courts
- Number: 28 (one for each state/union territory, or per multiple states).
- Functions: Original jurisdiction in civil & criminal cases, appellate jurisdiction over lower courts, power of judicial review of state laws (Art.