Unit - 2

Central Government

Learning Objectives

„„To know the powers of the President and Vice President „„To Know the about the Prime Minister and Council of Ministers „„To understand the Lok Sabha and Rajya Sabha „„To know about Supreme Court

Introduction Indian constitution, by giving due recognition to the vastness and plural character of our The Central Government is the supreme nation, have provided a federal arrangement government in our country. The head for her governance. The Central Government quarter of the Central Government is at New consists of three organs, namely, Union Delhi. Articles 52 to 78 in part V of Indian Executive, Legislature and Judiciary. The Constitution deals with the Union Executive. Union Executive consists of the President of Our Constitution provides for a democratic , the Vice-President, and the Council of form of government. The makers of the Ministers headed by the Prime Minister, and

Central Government

Executive Legislature Judiciary

President of India Parliament Supreme Court of India

Vice-President Chief Justice of India Rajya Sabha Lok Sabha

Prime Minister Other Judges 27 238 Elected 12 Nominated by the State Assemblies by the President Council of Ministers 543 Elected by the people 2 Nominated by the President

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 180 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 the Attorney General of India. The Legislature 2.1.1 Qualification for the is known as the Parliament. It consists of two election as President houses, namely the Rajya Sabha and the Lok Sabha. The Union Judiciary consists of the The constitution lays down qualifications Supreme Court of India. for a Presidential candidate. „„He should be a citizen of India. 2.1 The „„He must have completed the age of thirty- five years. In the scheme „„ of parliamentary He must not hold any office of profit under system of the Union, State or local Government. government „„He should have the other qualifications provided by the required to become a member of the Lok constitution, Sabha. the President „„His or her name should be proposed is the nominal by at least ten electors and seconded executive by another ten electors of the Electoral authority. The College which elects the President. chief executive of DR. RAJENDRA PRASAD (First President of India) The President cannot be a Member of the Indian union Parliament or of a State Legislature; if he is is the President. He is designated as the First a member of any legislature, his seat will be citizen of India. He is the supreme commander deemed to have been vacated on the date he / of the armed forces. The President is also the she assumes the office of President. Constitutional head of the Union Executive. He is also responsible for constituting the 2.1.2 Election of the President judiciary. According to Article 53 of the The President is elected by an electoral constitution, the executive power of the college in accordance with the system of Union shall be vested in the President which proportional representation by means shall be exercised by him directly or through of single transferable vote. The Electoral officers subordinate to him in accordance with College consists of the elected members of Constitution. both houses of Parliament and the elected It is a well known fact that members of the states and elected members the President of India resides of National Capital Territory of Delhi and at in New Puducherry. Once elected as the President Delhi. The residence and the has to take an oath of office before the Chief office of the President are Justice of India. The President is elected for a located in the same building. However he term of five years and can be re-elected. has two other office cum residences where 2.1.3 Powers of the President he conducts office at least once a year. They are 'The Retreat Building' at and the The powers and functions of the President '' at . These of India can be broadly classified under the locations one in North and other one is South following categories. symbolise the unity of the country and unity Executive Powers of the diverse culture of the people. The constitution vests in the President of India all the executive powers of the Central Government. Article 77 requires that every

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 181 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 general election and also at the beginning List of Presidents of India of the first session each year. This address 1. Thiru. Rajendra Prasad 1950 to 1962 is essentially identical in nature to a Speech 2. Thiru. Sarvepalli Radhakrishnan 1962 to 1967 from the Throne.The President summons 3. Thiru. Zakir Hussain 1967 to 1969 Parliament at least twice in a year. 4. Thiru. V.V Giri 1969 to 1974 He may send messages to either House of 5. Thiru. Fakhruddin Ali Ahmed 1974 to 1977 the Parliament with respect to a bill pending in 6. Thiru. Neelam Sanjiva Reddy 1977 to 1982 7. Thiru. Giani Zail Singh 1982 to 1987 the House. All bills passed by the Parliament 8. Thiru. R Venkataraman 1987 to 1992 become “Laws of Acts” only after getting 9. Thiru. Shankar Dayal Sharma 1992 to 1997 assent of the President. Money bills cannot 10. Thiru. K R Narayanan 1997 to 2002 be introduced in the Parliament without his 11. Thiru. APJ Abdul Kalam 2002 to 2007 approval. President terminates the sessions 12. Tmt. Pratibha Patil 2007 to 2012 of both or any of the Houses of Parliament. 13. Thiru. Pranab Mukherjee 2012 to 2017 He can even dissolve the Lok Sabha before the 14. Thiru. 2017 to till now expiry of the term of the House. He nominates 12 persons who are eminent executive action of the Union shall be taken in literature, science, sports, art and social in the name of the President. So he has to service to the Rajya Sabha. He can also make many appointments to key-offices to nominate two persons belonging to Anglo- run the administration. Indian Community to the Lok Sabha, if in He appoints the Prime Minister and the his opinion, that community is inadequately other members of the Council of Ministers, represented in the House. distributing portfolios to them on the advice Financial Power of the Prime Minister. He is responsible for making a wide variety of appointments. These Money bill can be introduced in include the appointment of Governors of the Parliament only with his prior States, the Chief Justice and other Judges of the recommendation. Annual Budget of the Supreme Court and high Courts, the Attorney Central Government is presented before the General, the Comptroller and Auditor Lok Sabha by the Union Finance Minister General, the Chief Election Commissioner only with the permission of the President. and other Election Commissioners the He causes to be laid before the Parliament Chairman and other Members of the Union the annual financial statement (the Union Public Service Commission Ambassadors Budget). The Constitution of India places the and High Commissioners to other countries. Contingency Fund of India is at the disposal of the President. No demand for a grant can be He appoints a commission to investigate made except on his recommendation. He can into the conditions of SCs, STs and other make advances out of the contingency fund backward classes.He is the supreme commander of the defense forces of India, in of India to meet any unexpected expenditure. this capacity the President can appoint Army, He constitutes a finance commission after Navy, and Air Chiefs. every five years or on the demand of the states to recommend the distribution of revenues Legislative Powers between the Centre and the States.

The President is an integral part of the Judicial Powers Union Parliament. He inaugurates the session of the Parliament by addressing it after the Article 72 confers on the President power to grant pardons, reprieves, respites or

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 182 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 remissions of punishment, or to commute „„Under Article 360, the President is vested the sentence of any person convicted of an with the power to proclaim Financial offence. In all cases where the punishment Emergency, if he is satisfied that the financial or sentence is by a court martial; in all cases stability or, the credit of India or any part of where the punishment or sentence is for and India is threatened, by any reason. offence against a Union law; and in all cases where the sentence is a sentence of death. The President is not answerable to any court Kerala and Punjab are the States of law for exercise of his/she power (however where the President’s Rule was He can be subjected to impeachment by the imposed for maximum number Parliament). of times i.e., nine times in both States. Military Powers Article 53(2) lays down that “the supreme command of the Defence Force of the Union 2.1.4 Removal of the President shall be vested in the President and the exercise thereof shall be regulated by law”. The President shall hold office for a term of The President is thus declared to be the five years from the date on which He enters Supreme Commander of the defence Force of the office. The President may by writing under the country. In the exercise of this power, it is his hand addressed to the Vice-President, the President, who can declare war against a resign his office. The President may, for country and make peace. violation of the Constitution, be removed from office by impeachment in the manner Diplomatic Powers provided in Article 61; The Impeachment The President appoints Indian diplomats to action can be brought about in the form of other countries and receives foreign diplomats resolution in either house of the Parliament. posted to India. The ambassador designate It must be supported by not less than One- becomes ambassador after calling on the Fourth of the total strength of the House for President and presenting his credentials. All its introduction. The President shall, in spite treaties and agreements with foreign States of the conclusion of his term, continue to are entered into, in the name of the President. hold office until his successor enters upon his office. Emergency Powers 2.1.5 Privileges of the President „„The President has been empowered by the Constitution to proclaim Emergency. According to Article 361(1) the President, They are follows: Article 352 confers or the Governor of a state, shall not be power on the President to make a answerable to any court for the exercise and proclamation of Emergency on the performance of the powers and duties of his grounds of war, external aggression, office or for any act done or purporting to be or armed rebellion. This is known as done by him in the exercise and performance National Emergency. of those powers and duties. „„Article 356 confers power on the President to make a proclamation of 2.2 Vice-President State Emergency by declaring that the The vice-President occupies the second Government in a State cannot be run on highest office in the country. He is accorded in accordance of the provisions of the a rank next to the President in the official Constitution. warrant of precedence. This office is

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 183 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 modeled on the lines 2.2.3 Removal of the Vice of the American Vice- President President. Article 63 The Vice President may be removed from of the constitution his office by a resolution of the Council of provides for a Vice States passed by a majority of all the then President of India. members of the council and agreed to by the This office has been House of the People. A resolution for this created to maintain the purpose may be moved only after a notice of political continuity of DR. RADHA KRISHNAN at least a minimum of 14 days has been given the state. (First Vice President of India) of such an intention. 2.2.1 Qualification for the 2.2.4 Functions of the Vice election as Vice President President The constitution lays down qualifications The Vice-President is Ex-Officio Chairman for a Vice Presidential candidate. of the Rajya Sabha. As the Chairman of the „„He should be a citizen of India. House, he carries out several functions. „„He must have completed the age of thirty- „„He regulates the proceeding of the House. five years. „„He decides the order of the House. „„He must not hold any office of profit under „„He decides the admissibility of a the Union, State or local Government. resolution or questions. „„He should have the other qualifications „„He suspends or adjourns the House in required to become a member of the case of a grave disorder. Rajya Sabha. „„He issues directions to various committees on matters relating to their functions. 2.2.2 Election and term of the Vice-President Casting Vote Article 66(1) the Vice- According to Article (100) President, like the president, of the Constitution, the vice- is elected not directly by president can\only cast his the people but the method vote when there is a tie over of indirect election. He is the Bill in the Rajya Sabha.It elected by the members means that there is need for one vote only of an electoral college to pass the Bill. So vice-president using his consisting of the member of both Houses discretion power cast his vote in favor or of Parliament. The term of office of the against the Bill. No members have any right Vice President is five years. His office may to oppose his decision. terminate earlier than the fixed term either by resignation, death or by removal. He is „„When the President is unable to discharge eligible for re-election. The Constitution his duties due to illness or absence from does not provide a mechanism of succession the country, he attends to the functions to the office of the Vice – President. Under of the President. When the President is such circumstances, election to the Vice unable to do so due to sickness or when the post of President becomes vacant President shall be held early as possible. Till due to resignation, death, or removal then deputy chairman of the Rajya sabha can by impeachment etc. the Vice-President perform the duties of the chairman of the can act as the President for a maximum Rajya sabha. period of six months.

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 184 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 by the President on the advice of the Prime If the posts of President Minister. If no party commands absolute and Vice-President lie vacant, majority in the Lok Sabha, the President can Chief Justice of India works summon the leader of any party who, in his as President. This situation opinion, can manage to form a ministry. The happened in 1969 when Chief President administers to the ministers the Justice M.Hidayutalla was appointed as oath of office and of secrecy. The salaries President of India. and allowances of the Prime Minister and the ministers are determined by the Parliament. A 2.3 Prime Minister person who is not a member of the Parliament can be appointed as a minister but he has to Article 74 (1) says: get himself elected to the Parliament within There shall be a council six months. Ministers are individually as well of ministers with the as collectively responsible to the Lok Sabha. Prime Minster as the head to aid and advice 2.3.1 Duties and functions of the President. He may Prime Minister direct the council to reconsider their Article 78 mentioned the duties of the advice, but is bound Prime Minister: JAWAHARLAL NEHRU by the advice given (First Prime Minister of India) „„The Prime Minister decides the rank after reconsideration. of his ministers and distributes various The post of Prime Minister of India has departments. adopted the Westminster (England) model of „„The Prime Minister decides the dates and constitutional democracy. the agenda of the meeting of the Cabinet The leader of the majority party in Lok Sabha which he presides. is appointed by the President as the Prime „„The Prime Minister is the Head of the Minister. The other ministers are appointed Cabinet and the other ministers are his colleagues. „„ List of Prime Ministers of India The Prime Minister informally consults two or three of his senior colleagues when 1. Thiru. Jawaharlal Nehru 1947–64 he does not convene a Cabinet meeting. 2. Thiru. Lal Bahadur Shastri 1964–66 „„The Prime Minister supervises the work 3. Tmt. Indira Gandhi 1966–77 of various ministers. 4. Thiru. Morarji Desai 1977–79 „„ 5. Thiru. Charan Singh 1979–80 To converse to the President all decisions 6. Tmt. Indira Gandhi 1980–84 of the Council of Ministers connecting 7. Thiru. Rajiv Gandhi 1984–89 to the government of the affairs of the 8. Thiru. V.P. Singh 1989–90 Union and proposals for legislation. 9. Thiru. Chandra Shekhar 1990–91 „„The Prime Minister act as the link 10. Thiru. P.V. Narasimha Rao 1991–96 between the President and the Council of 11. Thiru. Atal Bihari Vajpayee May 1996 Ministers. 12. Thiru. D. Deve Gowda 1996–97 „„The Prime Minister is the leader of the 13. Thiru. I.K. Gujral 1997–98 nation and chief spokesperson of the 14. Thiru. Atal Bihari Vajpayee 1998–2004 country. 15. Thiru. Manmohan Singh 2004–14 „„As the leader of the nation, the Prime 16. Thiru. Narendra Modi 2014–till now Minister represents our nation at all

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 185 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:00 international conferences like the but they do not participate in the meetings of commonwealth, summit of the non the cabinet unless invited to do so. aligned nations and SAARC nations. Deputy Ministers 2.3.2 Council of Ministers They are the lowest ranked ministers in After the elections, the President of India, the cabinet. They assist either the Ministers on the advice of the Prime Minister, appoints of Cabinet or State in the performance of the the council of ministers. Sometimes a non duties entrusted to them. – member of the Parliament too may be appointed. However, he must get elected to 2.4 Parliament of India either of the Houses of the Parliament within The parliament is the legislative organ of the a period of six months. The Constitution of Union government. Article 79 to 122 in part V India restricts the number of the Council of of the constitution deal with the organization, Ministers including the Prime Minister to composition, duration, officers, procedures, fifteen per cent of the total members of the privileges, powers and so on of the Parliament. Lok Sabha. The Parliament of India consists of three parts they are the President, Rajya Sabha (the Categories of the Ministers council of States) and Lok Sabha (the House The ministers are classified under three of the People). The Rajya Sabha is the Upper ranks House and the Lok Sabha is the Lower House it is termed as bicameral legislature. (i) Cabinet Ministers (ii) Ministers of State (iii) Deputy Ministers.

Cabinet Ministers The Cabinet is an informal body of senior ministers who form the nucleus of administration. Important decisions of the Parliament government are taken by the Cabinet, such as 2.4.1 Rajya Sabha defense, finance, external affairs and home. The Cabinet recommends to the President to The council of State or Rajya Sabha consists promulgate an ordinance. It is instrumental in of 250 members out of whom 238 represent moving Amendments to the Constitution. The the states and the Union Territories, elected Finance bills have their origin in the Cabinet by the method of indirect election. and then they are introduced in the Lok Sabha The 12nominated members shall be chosen with the Presidents recommendations. The by the President from amongst persons having Cabinet decides the foreign policy of the ‘special knowledge or practical experience in Government approves international treaties the field of literature, science, sports, art and and plays a significant role in the appointment social service. of Ambassadors to various countries. Qualification of the Members Ministers of State A person seeking membership of These ministers belong to the second Rajya Sabha must possess the following category of ministers in the council. They are qualifications. also in charge of ministries or departments

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 186 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:01 „„He should be a citizen of India. Legislative Assemblies they elect the „„He should not be less than 30 years of age. President and Vice President. „„He should not hold any office of profit „„It has power in the impeachment under any Government. procedure of president and judges of supreme court and high court. „„He should be a person with sound mind and monetarily solvent. „„Rajya Sabha has the power to make a state list subject into National Importance. „„ He should have such other qualification If two third majority of the members as may be approved by the Parliament for of Rajya Sabha passes a resolution to that reason from time to time. support it. Rajya Sabha can also create or „„He should not be the member of Lok abolish an All India Service. If majority Sabha or any other legislature. of members (2/3 of Total Members) supports it. Term of House The Rajya Sabha is a permanent house and 4.4.2 Lok Sabha it cannot be dissolved. The members of the The Lok Sabha is the popular house of Rajya Sabha are elected for a term of six years. the Indian Parliament and contains elected One third of the members of Rajya Sabha representatives of the people. Maximum retire every two years, and new members number of members can be elected for Lok are elected to fill the seats thus vacated. Sabha is 552. The Lok Sabha as of today has 543 The Vice President of India is the Ex-officio elected members. Out of these, 530 members Chairperson of the Rajya Sabha. The Deputy are elected from different states and 13 members Chairperson of the Rajya Sabha is elected by from the Union Territories. The President the members of the Rajya Sabha. generally nominates two members belonging to the Anglo-Indian community. At present, the Election Lok Sabha consists of 545 members. Members of Rajya Sabha are elected by the elected members of the ‘State Legislative Qualification of the Members Assemblies’ in accordance with the system „„He should be a citizen of India. of proportional representation by means of „„He should not be less than 25 years of age. the single transferable vote. This process of „„ election is called “indirect election” as they He should have his name in electoral rolls are not elected by the people directly. in some part of the country.

Functions of the Rajya Sabha Money Bill „„Any bill (except the money bills) needs Rajya Sabha does not have to be approved by Rajya Sabha to get any power to amend or reject passed. If the bill gets stuck for more than the Money bill. Lok Sabha can six months then President calls for a joint only introduce Money bill and session of both the houses to resolve the once it is approved by the Lok Sabha, it is deadlock. passed to Rajya Sabha for its approval. If „„ It has the same power as Lok Sabha, Rajya Sabha fails to pass it within 14 days for passing any bill for constitutional then the bill gets passed without the approv- amendment. al of Rajya Sabha. Also, Lok Sabha does not „„ The members of Rajya Sabha have the need to consider the amendments proposed electoral power for selection of President, by the Rajya Sabha. Lok Sabha can reject Vice President. Together with the all the proposals and pass it. members of Lok Sabha and all the State

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 187 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:01 „„He should not hold any office of profit „„It has the same power as Rajya Sabha under the Union or State Government. to participate in case of impeachment „„He should be mentally sound and of president and the judges of Supreme Court. economically solvent. „„It has equal power as Rajya Sabha The term of the House in passing any bill for constitutional amendment. Generally the Lok Sabha enjoys a term of „„Lok Sabha members have the power to five years from the date of its first session. It elect the president, vice president. can be dissolved by the President before the „„Motion of no confidence can only be expiry of its term on the advice of the Prime introduced in Lok Sabha. If it is passed Minister. The emergency provisions of the then the prime minister and other council Constitution enable the President to prorogue of ministers need to resign from their post. or dissolve the Lok Sabha either on the advice of the Prime Minister or on being convinced Elected members of the that no party or no alliance of parties enjoys Parliament from Tamil Nadu. necessary majority support in the House. „„Rajya Sabha – 18 members Election „„Lok Sabha – 39 members

The members of the Lok Sabha are directly elected by the people of the constituencies 2.4.3 The Speaker created on the basis of population. The The Lok Sabha is presided over by the Election Commission of India arranges, ‘speaker’ who is elected by its members. The supervises and conducts elections to the Lok office of the Speaker occupies an essential Sabha. For sake of elections to Lok Sabha position in our Parliamentary democracy. the entire nation is divided into number of The Speaker continues to be in the office even constituencies which are formed more or less in the houses dissolved, till a new Speaker is on the basis of the population. elected by the new Lok Sabha. The Speaker “Universal Adult Franchise” is followed presides over a joint sitting of the two Houses while electing the members of the Lok Sabha. of Parliament. He has the power to decide All Indian Citizens above 18 years of age who whether a Bill is Money Bill or an ordinary are registered as voters will vote for their one. The decision of the Speaker on whether representatives. a Bill is Money Bill is final. Under the anti defection of 1985, the speaker is empowered to decide whether a member of the Lok Sabha is disqualified or not on the basis of the 10th schedule of the constitution. While the office of speaker is vacant or the speaker is absent from the sitting of the house, the deputy speaker presides, except when a resolution for his own removal is under consideration.

Parliament Session Budget Session from February Universal Adult Franchise to May Functions of the Lok Sabha Monsoon Session from July to „„Any bill can be introduced and passed in September the Lok sabha (Including Money Bill). Winter Session from November to December

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 188 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:01 2.4.4 Powers and Functions of such other duties of a legal character that the Parliament are assigned to him by the President and „„The Parliament of India has the functions of discharge the functions conferred on him Legislation, overseeing of administration, by the constitution are any other law. In the passing of Budget, ventilation of public performance of his official duties, Attorney grievances, discussion of various subjects General of India has the right of audience in like development plans, international all courts in the territory of India. Further he relations and internal policies. has the right to speak and to take part in the „„Parliament is also vested with powers proceedings of both Houses of the Parliament to impeach the President and to remove or their joint sitting and any committee of Judges of the Supreme Court and High the Parliament of which he may be named Courts, Chief Election Commissioner a member, but without a right to vote. He and Comptroller and Auditor-General of enjoys all the privileges and immunities that India in accordance with the procedure are available to a member of Parliament. laid down in the Constitution. „„The Parliament exercises control over the 2.6 Judiciary executive through asking questions and supplementary questions, moving motions Judiciary is the third organ of the of adjournment, discussing and passing government. It plays a vital role in protecting resolutions, discussing and pushing censure the rights and freedom of the citizens. It motion or vote of no-confidence. also plays an important role in analyzing and „„The Parliament has the power to change interpreting the provisions of laws and the the boundaries of the States. Constitution. 2.5 Attorney General of Supreme Court India The “Supreme Court is the Guardian of the Constitution”. Our constitution provides The Constitution (Article 76) has provided for the establishment of an independent and for office of the Attorney General for India. integrated judiciary with ‘supreme court’ as He is the highest law officer in the country. the uppermost court in the country. Our He is appointed by the President. He must be judiciary is autonomous of the Legislative a person who is qualified to be appointed the and Executive wing of the Union and State Judge of the Supreme Court. In other words, Government. An integrated judiciary means he must be a citizen of India and he must have a single judicial hierarchy for the whole been a judge of some High Court for five years country. The judiciary plays an important or an advocate of some High Court for 10 role in defensive the rights and freedom of years or eminent jurist, in the opinion of the the citizens. It plays an important role in President. He holds office during the pleasure analyzing and interpreting the necessities of of the President. This means that he may be laws and the constitution. removed by the President at any time. He may also quit his office by submitting his resignation to the President. The Supreme Court of India, was inaugurated 5.1 Duties and Functions of on January 28, 1950. It Attorney General of India succeeded the Federal Court To give advice to the Government of of India, established under the India upon such legal matters which are Government of India Act of 1935. referred to him by the President. To perform

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 189 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:01 in “New Delhi”. It may also sit any other place in India which may be decided by the Chief Justice of India with the approval of the President of India.

2.6.4 Powers and Functions of the Supreme Court (a) Judicial Functions Supreme Court The “Supreme Court is the Guardian of 2.6.1 Composition of the the Constitution”. The followings are the Supreme Court functions of the Supreme Court. At the commencement of the constitution (b) Original Jurisdiction in 1950 our supreme court consisted of 8 The cases which are brought directly in judges including the chief justice. At present, the first instance to the Supreme Court come the Supreme Court consists of 28 judges under original jurisdiction. These may including the chief justice. be (i) dispute between the Government of 2.6.2 Appointment of Judges India and one or more States of (ii) Dispute between two or more states (iii) the cases The Chief Justice of Supreme Court in India involving fundamental rights (dispute over is appointed by the President of India. The the enforcement) come under the jurisdiction other judges are appointed by the President in of the Supreme Court. The writs issued by consultation with the collegiums with Chief the Supreme Court for the enforcement of the Justice Head. fundamental rights are, (a) Habeas Corpus 2.6.3 Qualification of Supreme (b) Mandamus (c) Prohibition (d) Certiorari Court Judges (e)Quo Warranto. „„He must be a citizen of India. (c) Appellate Jurisdiction „„He should have worked as a Judge of a The Supreme Court is the final appellate High Court for at least 5 years. court in the country. As regard the Appellate „„He should have worked as an advocate of jurisdiction, the Supreme Court hears appeals High Court for at least 10 years. against the decisions of High Court in “civil, „„He is in the opinion of the President, a criminal and Constitutional” cases with a distinguished Jurist. certificate from the High Court that it is fit to The constitution also provides for the appeal in the Supreme Court. Such a case can appointment of judges to the Supreme Court be brought before the Supreme Court only if on an ad-hoc (temporary) basis. The Chief the High Court certifies that the case invites Justice and other judges of the Supreme a substantial of law as to the interpretation of Court hold the office up to the age of 65 the Constitution. years. The judges of the Supreme Court (d) Advisory Jurisdiction can resign before their term by giving their resignation in writing to the President. The The Constitution confers on the President Parliament also has power to remove the the power to refer to the Supreme Court any Judges by invoking impeachment provisions. question of law or fact which in his opinion is The Supreme Court has its permanent seat of public importance.

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Unit 2 -Central Government(06.03.2019).inddathiyamanteam.com 190 | TNPSC Exam - Video Class+ Test Batch-| 868185918110-04-2019 23:16:01 (e) Miscellaneous Jurisdiction (f) Judicial Review The Supreme Court is The power of the judiciary to declare a „„The law declared by Supreme Court is law as unconstitutional is known as “Judicial binding on all courts within the territory Review”. The Supreme Court enjoys this of India. power. The Supreme Court of India has Individual Review Power with regard to „„The Supreme Court is authorized to make rules for regulating, generally the 1) Dispute between the Centre and the States practice and procedure of the court with 2) To interpret and clarify a provision of the the approval of the President. constitution about which there are some doubts and differences of opinion. „„The Supreme Court has complete control 3) Protecting the fundamental rights, over its own establishment. 4) Those laws passed by the legislatures which are not in accordance with the Constitution.

Recap „„The Central Government consists of three organs, namely, Union Executive, Legislature and Judiciary. „„President appoints the Prime Minister and the other members of the Council of Ministers. „„The Parliament of India consists of three parts they are the President, Rajya Sabha and Lok Sabha. „„The Attorney General for the India is the highest law officer in the country. He is appointed by the President of India. „„The “Supreme Court is the Guardian of the Constitution”. „„The Chief Justice of Supreme Court in India is appointed by the President of India.`

GLOSSARY

Terminate bring to an untimely end. 믁羿ퟁ埍埁 க�ொ迍翁 வ쏁த쯍 Contingency fund an amount of money that can be used to pay for எ鎿ர்பரா செலퟁ ꎿ鎿 problems that might happen. Pardon Absolving the convict of all guilt and punishment. ப�ொ鏁மꟍꞿꯍꯁ Remission Quantitative reduction of punishment without தண㞟னை 埁றைꯍꯁ affecting Nature of punishment. Precedence priority of importance. 믁ꟍꟁ쎿மை Ex-officio because of an office. பதힿ뾿ꟍ ꎿ뮿த்மாக

EVALUATION b) The Chief Justice c) The Prime Minister I. Choose the correct answer d) Council of 1. The Constitutional Head of the Union is Ministers a) The President

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