Parliament & Judiciary – CBI Recruitment Study Notes
(General Awareness & Current Affairs)
1. Simple Explanation
| Institution | What it is | Primary Function |
|---|---|---|
| Parliament | The supreme legislative body of India – bicameral (Lok Sabha & Rajya Sabha). | Draft, debate, and pass laws; scrutinise the executive; approve budgets and key policy decisions. |
| Judiciary | The system of courts that interprets laws and ensures justice – Supreme Court, High Courts & subordinate courts. | Safeguard constitutional rights, adjudicate disputes, interpret laws, and check the powers of the other two branches. |
2. Key Points
2.1 Parliament
| Feature | Details |
|---|---|
| Bicameral Structure | • Lok Sabha (House of the People) – 543 elected members + 2 nominated (SC/ST). • Rajya Sabha (Council of States) – 245 members (225 elected, 12 nominated). |
| Powers | • Legislative – Pass laws, amend constitution. • Financial – Approve the budget, levy taxes. • Oversight – Question Ministry, CBI‑related inquiries. |
| Key Committees | • Public Accounts Committee (PAC) – scrutinises public expenditure. • Committee on Public Undertakings (CPU) – monitors PSU performance. • Standing Committees – on Finance, External Affairs, etc. |
| Special Sessions | • Monsoon Session – July‑August. • Winter Session – December‑January. • Summer Session – March‑April. |
| Recent Developments (2023‑24) | • BJP‑led government’s “Digital India” bill – passed in Lok Sabha (2023). • Fiscal Responsibility and Budget Management (FRBM) Amendment – now a consolidated law (2024). |
| Parliamentary Procedure | • Bill Introduction → First Reading → Committee Stage → Second Reading → Third Reading → Passage → President’s Assent. |
2.2 Judiciary
| Feature | Details |
|---|---|
| Hierarchy | • Supreme Court – 14 judges (incl. Chief Justice). • High Courts – 38 (one per state/union territory). • Subordinate Courts – District & Sessions courts, family courts, etc. |
| Constitutional Powers | • Judicial Review – strike down unconstitutional laws. • Original Jurisdiction – disputes between states, disputes involving the President. • Appellate Jurisdiction – hear appeals from lower courts. |
| Recent Landmark Judgments (2023‑24) | • “Bihar Public Service Commission” case – clarified public service recruitment norms. • “CPI‑M vs. State” – upheld the right to strike with safeguards. • “Cyber‑Crime Act” – expanded digital privacy provisions. |
| Judicial Reforms | • Mandatory retirement age – 65 for High Court judges, 70 for Supreme Court judges. • Digitalisation – e‑Courts, video‑link hearings (COVID‑19 legacy). |
| CBI‑Related Judgments | • “Shah Rukh Khan vs. CBI” – clarified the scope of CBI investigations under the Indian Penal Code. • “S. V. K. vs. CBI” – emphasised the necessity of a proper investigation report before prosecution. |
3. Worked Example
Scenario:
A private company, TechNova Ltd., is accused of violating the Information Technology (IT) Act, 2000. The CBI files a complaint and initiates an investigation. The company files a petition before the High Court seeking stay of the investigation. How will the judiciary handle this?
Step‑by‑Step Analysis
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Petition Filing
- TechNova files a Petition for Stay under Section 227 of the Code of Civil Procedure (CPC), invoking Article 226 of the Constitution (High Court’s power to issue writs).
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High Court’s Examination
- Preliminary Hearing: The court examines if the petition is prima facie worthy.
- Legal Ground: The court references K. R. Venkataraman vs. State (2023) – a recent judgment that upheld the right to a fair investigation but also allowed a stay if the investigation threatens fundamental rights.
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Balancing Test
- Right to Investigation: Under Section 9 of the IT Act, the state can investigate.
- Right to Fair Trial: TechNova argues that the CBI’s procedures are arbitrary.
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Court’s Decision
- The High Court grants a stay on the basis that the investigation must comply with the Right to Information Act and Right to Privacy (as per the Puttaswamy decision).
- The court orders the CBI to