Indian Constitutional Framework: Key Principles and Institutions
Parliamentary Government
Meaning: Parliamentary government is a system where the real executive is responsible to the legislature and remains in office only as long as it enjoys the confidence of the majority in the lower house. It is also known as the Cabinet or Westminster system.
Constitutional Basis in India
- Article 74: Council of Ministers with the PM at the head to aid and advise the President.
- Article 75(3): Council of Ministers is collectively responsible to the Lok Sabha.
- Article 53: Executive power vests in the President but is exercised on ministerial advice.
Key Features
- Dual Executive: Nominal Head is the President; Real Head is the Prime Minister and the Council of Ministers.
- Collective Responsibility: Under Art 75(3), the entire cabinet sinks or swims together. A vote of no-confidence removes the entire ministry.
Advantages and Disadvantages
- Advantages: Responsible government through daily accountability and prevention of authoritarianism.
- Disadvantages: Potential instability in a coalition era and the risk of majority rule ignoring the opposition.
Key Cases
- U.N.R. Rao v. Indira Gandhi (1971): The Council of Ministers does not cease to exist upon the dissolution of the Lok Sabha.
- Samsher Singh v. State of Punjab (1974): The President/Governor acts only on ministerial advice.
Federalism
Meaning: Federalism is a system where power is divided between a central authority and constituent political units. Both levels operate directly on citizens and are supreme in their own spheres.
Nature of Indian Federalism
India is described as “quasi-federal” by K.C. Wheare. The Constitution uses the term “Union of States” (Article 1). Dr. Ambedkar described it as federal in normal times and unitary in emergencies.
Key Federal Features
- Dual Polity: Union and States have their own organs.
- Written Constitution: Defines the powers of each level.
- Division of Powers: 7th Schedule (Union, State, and Concurrent Lists).
- Independent Judiciary: The Supreme Court resolves Union-State disputes.
Unitary Bias
- Strong Centre: Union List contains key subjects like defense and foreign affairs.
- Emergency Provisions: Articles 352, 356, and 360 allow the Centre to override State powers.
Judicial Review
Meaning: The power of courts to examine the constitutionality of legislative enactments and executive actions. If found inconsistent with the Constitution, they are declared void.
Constitutional Basis
- Article 13: Laws inconsistent with Fundamental Rights are void.
- Articles 32 & 226: Power of SC & HCs to issue writs.
Key Doctrines
- Basic Structure Doctrine: Parliament cannot destroy the core identity of the Constitution.
- Ultra Vires: Acts beyond legal powers are void.
- Reasonableness: Executive action must not be arbitrary.
Legislative Privilege
Meaning: Special rights and immunities enjoyed by Parliament and State Legislatures to ensure they function without obstruction.
Types of Privileges
- Individual Members: Freedom of speech in the House and immunity from arrest in civil cases.
- House Collectively: Right to publish debates, punish for contempt, and exclude strangers.
Doctrine of Basic Structure
Meaning: The Constitution has fundamental features that form its core identity. Parliament’s amending power under Article 368 is not unlimited.
Evolution
The doctrine was established in Kesavananda Bharati v. State of Kerala (1973), which overruled the Golaknath case. It ensures that while Parliament can amend the Constitution, it cannot destroy its soul.
Judicial Independence
Meaning: The judiciary is free from control by the executive or legislature. Judges decide cases based solely on law and facts.
Safeguards
- Security of Tenure: Judges can only be removed via impeachment.
- Financial Independence: Salaries are charged on the Consolidated Fund.
- Separation of Powers: Article 50 mandates the separation of the judiciary from the executive.
Governor
Meaning: The constitutional head of a State, appointed by the President. The Governor acts as the nominal executive, while real power lies with the Chief Minister.
Key Powers
- Executive: Appoints the CM and other ministers.
- Legislative: Assents to Bills and promulgates Ordinances (Art 213).
- Discretionary: Reserving Bills for the President and recommending President’s Rule.
Money Bill
Meaning: A Bill dealing exclusively with financial matters like taxation, borrowing, and expenditure (Article 110).
Special Procedure
- Introduction: Only in the Lok Sabha with the President’s recommendation.
- Rajya Sabha Role: Cannot reject or amend; can only recommend changes within 14 days.
Anti-Defection Law
Meaning: Disqualifies a legislator for switching parties or voting against the party whip. Introduced via the 52nd Amendment (Tenth Schedule).
Exceptions
- Merger: Disqualification does not apply if 2/3rd of the members of a legislature party merge with another party.
Election Commission
Meaning: An independent body responsible for the superintendence, direction, and control of elections (Article 324).
Key Features
- Independence: The Chief Election Commissioner is removable only via impeachment.
- Role: Acts as the guardian of electoral democracy, ensuring free and fair elections.
Original Jurisdiction of the Supreme Court
Meaning: The power to hear a case for the first time rather than in appeal.
Key Provisions
- Article 131: Exclusive jurisdiction over disputes between the Centre and States or between States.
- Article 32: Power to issue writs for the enforcement of Fundamental Rights.
Provisions for Trade and Commerce
Meaning: Part XIII (Articles 301-307) ensures that trade and commerce throughout India remain free, preventing internal barriers between States.
Prime Minister of India
Meaning: The real executive head of the Government of India. The President acts on the aid and advice of the Council of Ministers headed by the PM.
Functions
- Leadership: Presides over Cabinet meetings and allocates portfolios.
- Communication: Acts as the primary link between the Council of Ministers and the President.