📚 Parliament & Judiciary – Complete Study Notes
Target Exam: Navy Service Selection Rules (SSR) – General Awareness & Current Affairs
Exam Orientation: IIT‑JEE / Competitive level – depth, derivations, tricky points, and a hard practice question.
Style: Markdown, structured, bullet‑heavy, formula‑laden, with explanatory derivations and caveats.
1. Overview
| Branch | Key Functions | Supreme Authority | Important Constitutional Articles |
|---|---|---|---|
| Parliament | Law‑making, oversight, money‑bill approval | President (represents state) | Art. 79–104 (Parliament), 81–82 (Bills), 100–104 (Money Bills) |
| Judiciary | Judicial interpretation, protection of fundamental rights, constitutional review | Supreme Court | Art. 124–147 (Supreme Court), 138–145 (High Courts), Art. 141, 145 (Judicial Review) |
2. Parliament
2.1 Types & Composition
| Chamber | Members | Term | Key Features |
|---|---|---|---|
| Lok Sabha (House of the People) | 543 elected + 12 nominated (SC/ST) | 5 yrs | Direct representation, Money‑Bill authority |
| Rajya Sabha (Council of States) | 245 elected + 12 nominated | 6 yrs, staggered | Indirect representation, Deliberative powers |
- Quorum: Minimum 1/3 of total members present.
- Voting: Simple majority (≥50 % of votes cast).
- Absolute Majority: >50 % of total members (often required for constitutional amendments).
2.2 Legislative Process
- Drafting – Proposed by Minister/MP.
- Introduction – First reading (no debate).
- Second Reading – Detailed debate, amendments.
- Committee Stage – Detailed scrutiny (Standing/Select Committee).
- Third Reading – Final debate; vote.
- Approval –
- Lok Sabha: Simple majority (except Money Bills).
- Rajya Sabha: Simple majority (except Money Bills).
- Presidential assent – Required for all bills.
Money Bill Formula
| Stage | Requirement |
|---|---|
| Lok Sabha passage | Simple majority (no filibuster) |
| Rajya Sabha | No amendments; must return within 14 days |
| Presidential assent | Must be given within 30 days; if withheld → Lok Sabha may override in 14 days |
Tricky Point: Only bills with exclusive financial matters are Money Bills; others that touch on finance become Financial Bills and are subject to Rajya Sabha review.
2.3 Constitutional Amendment Process
| Step | Formula | Conditions |
|---|---|---|
| Proposal | By: 2/3 members of both Houses (present & voting) or by Parliament (in case of Article 368(2)) | Special or General amendment |
| Approval | By: 2/3 of total membership of each House | Excludes Money Bills |
| Presidential assent | Required for all amendments | |
| Special | Constitution may require ratification by state legislatures (≥50 % of states) | Article 368(2) |
Derivation:
Let N = total members of a House.
Minimum members required for amendment =ceil(2/3 * N).
Example
- Lok Sabha (545 members) →
ceil(2/3 * 545) = ceil(363.33) = 364members must favor the amendment.
2.4 Parliamentary Powers & Limitations
| Power | Scope | Limitation |
|---|---|---|
| Legislative | Bill creation | Cannot contravene Constitution |
| Oversight | Question Hour, Committee Reports | Executive may refuse to comply; no binding enforcement |
| Financial | Approve budgets | Rajya Sabha cannot amend Money Bills |
| Executive | Appoint Ministers, President’s assent | Only constitutional appointments; President’s discretion limited |
| Judicial | Convoke judicial reviews? | No direct power; only through legislative changes |
2.5 Key Constitutional Amendments & Debates
| Amendment | Year | Significance |
|---|---|---|
| 42nd | 1976 | Emergency powers – “basic structure” doctrine |
| 44th | 1978 | Reinstated 42nd Amendment; introduced 14th Amendment |
| 53rd | 1999 | Direct Election of Governors |
| 61st | 2008 | State’s power over public employment |
| 73rd & 74th | 1992 | Panchayats & Municipalities (local self‑governance) |
Tricky Point: The 42nd Amendment aimed to give Parliament “wide powers” but was later struck down