(UNIT 2) LAST MIN REVISION

SYLLABUS:

Unit-2. The Legislature, The Executive, the Cabinet, the Judiciary- Powers and Functions, the President, Union list, State list, Concurrent list, Emergency declaration, Sepration of Powers, Chief Constitutional Commission and Committees.

🔶 1. THE LEGISLATURE

🔹 Meaning:

• The Legislature is the law-making body of the government.

• In India, we have a bicameral legislature at the Centre:
  Lok Sabha (Lower House) and Rajya Sabha (Upper House).

🔹 Functions of the Legislature:

1. Makes laws for the country.

2. Controls the Executive by asking questions, debates, etc.

3. Approves the Budget and government expenditure.

4. Amends the Constitution, if needed.

5. Represents the people and their interests.

6. Checks misuse of power by the government.

🔹 Lok Sabha (House of the People):

• Directly elected by the people.

• Maximum strength: 552 members.

• Term: 5 years (unless dissolved earlier).

• Speaker is the presiding officer.

• More powerful in financial matters (Budget, Money Bill).

🔹 Rajya Sabha (Council of States):

• Not directly elected by people. Members are elected by State Legislative Assemblies.

• Maximum strength: 250 members.

• It is a permanent body (1/3rd members retire every 2 years).

• Vice-President of India is the Chairman of Rajya Sabha.

• Can delay but not reject a Money Bill.

🔹 Importance for Media:

• Media reports laws, debates, policies made by the Legislature.

• Journalists must understand how laws are created and passed.

🔶 2. THE EXECUTIVE

🔹 Meaning:

• The Executive is the branch that implements laws and runs the government.

• It includes President, Prime Minister, Council of Ministers, and government officers.

🔹 Types of Executive:

1. Nominal Executive – The ceremonial head (President)

2. Real Executive – Actual head of government (Prime Minister and Council of Ministers)

🔹 President of India:

• Constitutional Head of India.

• Elected by an electoral college (Members of Parliament and State Legislatures).

• Signs all laws passed by Parliament.

• Can declare emergency, dissolve Lok Sabha, appoint Governors, etc.

🔹 Prime Minister of India:

• Head of Government.

• Leader of the party (or alliance) with majority in Lok Sabha.

• Controls and coordinates the work of all ministers.

• Advises the President on important matters.

🔹 Council of Ministers:

• Formed by the Prime Minister.

• Three categories:

  1. Cabinet Ministers – Senior ministers, take major decisions.

  2. Ministers of State – Handle specific departments, assist cabinet ministers.

  3. Deputy Ministers – Help other ministers.

🔹 Functions of the Executive:

1. Enforce laws passed by Parliament.

2. Formulate policies and schemes.

3. Run the administration of the country.

4. Maintain law and order.

5. Represent India in foreign affairs.

🔹 Importance for Media:

• Media watches how the Executive performs and holds it accountable.

• Journalists report on policy changes, schemes, cabinet decisions.

🔶 3. THE CABINET

🔹 Meaning:

• The Cabinet is a smaller, more powerful group within the Council of Ministers.

• It includes only senior ministers like Home Minister, Finance Minister, etc.

🔹 Role of Cabinet:

1. Takes all major policy decisions of the government.

2. Controls all departments through respective ministers.

3. Advises the President on national matters.

4. Coordinates between different ministries.

5. Plays a key role during crisis or emergencies.

🔹 Difference between Council of Ministers and Cabinet:

• Cabinet is part of the Council of Ministers, but more powerful.

• Cabinet meets frequently, takes important decisions.

• Council of Ministers is a larger group that includes junior ministers too.

🔹 Importance for Media:

• Cabinet decisions are reported widely.

• Media must understand cabinet structure to analyze government functioning.

✅ FINAL QUICK TIPS:

• Legislature = Makes laws

• Executive = Implements laws

• Cabinet = Top decision-makers

the Judiciary- Powers and Functions:

🔶 1. What is Judiciary?

• The Judiciary is the system of courts that interprets and applies laws in the name of the state.

• It is the guardian of the Constitution and the protector of the rights of citizens.

• In India, the Judiciary is independent and impartial.

🔶 2. Structure of Indian Judiciary:

1. Supreme Court – Highest court in India (Located in Delhi).

2. High Courts – One in each state (or group of states).

3. Subordinate Courts – District and lower courts under High Courts.

🔶 3. Features of Indian Judiciary:

1. Independent – Free from control by Executive or Legislature.

2. Integrated – Single judiciary system from Supreme Court to lower courts.

3. Power of Judicial Review – Can declare laws unconstitutional.

4. Guardian of the Constitution – Ensures all laws follow the Constitution.

5. Protector of Fundamental Rights – Can strike down any law that violates rights.

🔶 4. Powers and Functions of the Judiciary:

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🔹 A. Interpretation of the Constitution

• The Judiciary explains and interprets the meaning of the Constitution.

• Supreme Court is the final interpreter of the Constitution.

🔹 B. Judicial Review

• Judiciary can review laws passed by Parliament or actions taken by the Executive.

• If found unconstitutional, such laws/actions can be cancelled or struck down.

🔹 C. Protection of Fundamental Rights

• Under Article 32 (Supreme Court) and Article 226 (High Court), a person can go to court if their fundamental rights are violated.

• Courts can issue writs (like Habeas Corpus, Mandamus, etc.) to protect rights.

🔹 D. Dispute Resolution

• Judiciary settles disputes between:

  1. Centre and State.

  2. Two or more States.

  3. Government and citizens.

  4. Individuals and organizations.

🔹 E. Criminal and Civil Justice

• Criminal courts deal with crimes (like murder, theft).

• Civil courts handle cases related to property, contracts, family disputes, etc.

🔹 F. Advisory Role

• President of India can ask Supreme Court for advice on important constitutional questions under Article 143.

• The advice is not binding.

🔹 G. Checks on the Legislature and Executive

• Judiciary checks if Parliament or Government is exceeding its powers.

• Ensures laws and actions are within constitutional limits

🔹 H. Power to Punish for Contempt

• If anyone disrespects the court or tries to influence the case illegally, the court can punish that person.

• This is called Contempt of Court.

🔶 5. Role of Judiciary in a Democracy:

1. Safeguards Democracy by protecting rule of law.

2. Ensures justice for all, including poor and marginalized.

3. Prevents misuse of power by government bodies.

4. Promotes social justice through fair judgments.

🔶 6. Importance for Media:

1. Judiciary decides media-related cases (defamation, censorship, press freedom).

2. Media reports on court judgments, trials, and legal developments.

3. Journalists must understand judicial functioning to report accurately and ethically.

✅ Final Quick Recap:

• Judiciary = Interprets Law, Protects Constitution, Defends Rights

• Supreme Court = Top Court

• Article 32 = Right to Constitutional Remedies

• Independent, Powerful, and Fair = Core of Indian Judiciary

the President:

🔶 1. Who is the President?

• The President of India is the head of the Indian State.

• He/she is called the nominal head or constitutional head.

• The President is also the Supreme Commander of the Armed Forces.

• Works according to the advice of the Prime Minister and the Council of Ministers.

🔶 2. Article Related to President:

• Articles 52 to 78 in the Indian Constitution deal with the President.

🔶 3. Qualifications to Become President:

1. Must be a citizen of India.

2. Must be at least 35 years old.

3. Must be qualified to be a member of the Lok Sabha.

4. Must not hold any office of profit (job under the government).

🔶 4. Election of the President:

1. President is not elected directly by people.

2. Elected by an Electoral College consisting of:

   • Elected members of Lok Sabha and Rajya Sabha.

   • Elected members of Legislative Assemblies of States and Union Territories (like Delhi, Puducherry).

3. Elected using proportional representation system through single transferable vote.

4. Voting is done by secret ballot.

🔶 5. Term and Re-election:

• Term of office: 5 years.

• Can be re-elected any number of times (no limit in Constitution).

• Can resign before term ends by writing to the Vice-President.

• Can be removed through impeachment if found violating the Constitution.

🔶 6. Oath of Office:

• Administered by the Chief Justice of India.

• Promises to preserve, protect and defend the Constitution.

🔶 7. Powers and Functions of the President:

🔹 A. Executive Powers:

1. Appoints:

   • Prime Minister

   • Other Ministers (on PM’s advice)

   • Governors of States

   • Chief Justice and Judges of Supreme Court and High Courts

   • Election Commissioners

   • Ambassadors to foreign countries

2. All executive actions are taken in the name of the President.

🔹 B. Legislative Powers:

1. Summons and prorogues (ends) Parliament sessions.

2. Can dissolve the Lok Sabha.

3. Gives assent (approval) to bills passed by Parliament to make them laws.

4. Can send a bill back once for reconsideration (except Money Bills).

5. Can issue ordinances when Parliament is not in session (temporary laws).

🔹 C. Financial Powers:

1. All money bills can be introduced in Parliament only with President’s permission.

2. The Annual Budget is presented in Parliament in the name of the President.

3. Controls Contingency Fund of India for emergency use.

🔹 D. Judicial Powers:

1. Can grant pardon, reduce or suspend sentences for people convicted of crimes.

2. Especially used in death sentence cases (called “President’s mercy”).

🔹 E. Military Powers:

1. President is the Supreme Commander of the Armed Forces.

2. Appoints the chiefs of Army, Navy, and Air Force.

3. Can declare war or peace, but only on advice of Parliament.

🔹 F. Emergency Powers:

1. Can declare National Emergency (Article 352) – due to war or threat to India.

2. Can declare President’s Rule (Article 356) – if state government fails.

3. Can declare Financial Emergency (Article 360) – when economy is in danger.

🔶 8. Impeachment of the President:

• If the President violates the Constitution, Parliament can remove him/her.

• This process is called impeachment.

• Requires two-thirds majority in both houses of Parliament.

🔶 9. Important Facts for Media Students:

1. The President signs many important laws related to media and communication.

2. All ordinances (temporary laws) must be understood, especially those affecting freedom of press.

3. President plays a symbolic and ceremonial role, but is still important for democracy.

4. Media must report objectively on President’s actions, speeches, ordinances, and appointments.

✅ Quick Summary for Revision:

• President = Constitutional head, acts on PM’s advice.

• Appoints top officials, gives assent to laws, declares emergency, pardons criminals.

• Elected by Electoral College, not directly by people.

• Has ceremonial, executive, legislative, judicial, and emergency powers.

Union list, State list, Concurrent list, Emergency declaration:

🔶 1. What are the Union, State, and Concurrent Lists?

These are parts of the Seventh Schedule of the Indian Constitution. They divide powers between the Union Government (Central) and State Governments.

🔷 A. Union List

1. Contains subjects on which only the Central Government can make laws.

2. These are matters of national importance.

3. Example subjects:

   • Defence

   • Foreign affairs

   • Atomic energy

   • Currency and coinage

   • Railways

   • National highways

   • Citizenship

   • Communication (important for media students)

4. Total Subjects: Around 100.

🔷 B. State List

1. Contains subjects on which only the State Governments can make laws.

2. These are matters of local or state importance.

3. Example subjects:

   • Police

   • Public health and sanitation

   • Agriculture

   • Local government

   • Roads inside the state

   • Water supply

4. Total Subjects: Around 61 (may change with time).

🔷 C. Concurrent List

1. Contains subjects on which both the Central and State Governments can make laws.

2. These are matters of common interest to both Centre and States.

3. If there is a conflict, central law prevails over the state law.

4. Example subjects:

   • Criminal law

   • Marriage and divorce

   • Education

   • Forests

   • Newspapers and printing presses (important for media law)

   • Trade unions

5. Total Subjects: Around 52.

🔷 D. Residuary Powers

1. If a subject is not listed in any of the three lists, then the Centre has the power to make laws on that subject.

2. Example: Cyber laws, digital currency.

🔶 2. Emergency Declaration

The Constitution allows the President to declare emergencies in special situations. There are three types of emergencies.

🔷 A. National Emergency (Article 352)

1. Declared when:

   • War

   • External aggression (attack from outside)

   • Armed rebellion (inside the country)

2. Effects:

   • Centre gets full power over states.

   • Fundamental Rights like freedom of speech can be restricted.

   • Parliament can make laws on any subject (even State List).

   • Lasts for 6 months initially and can be extended.

3. Example: Declared during the India-China War (1962), India-Pakistan War (1971), and Internal Emergency (1975–77).

🔷 B. President’s Rule (Article 356) – State Emergency

1. Declared when:

   • State government is not working according to the Constitution.

   • No clear majority in the State Assembly.

   • Breakdown of law and order.

2. Effects:

   • The President takes control of the state.

   • Governor runs the state on behalf of the President.

   • State Assembly may be suspended or dissolved.

   • Valid for 6 months, extendable up to 3 years.

3. Often used in political instability or constitutional crisis in states.

🔷 C. Financial Emergency (Article 360)

1. Declared when:

   • There is a threat to the financial stability of India.

   • Economic crisis, extreme inflation, debt problem.

2. Effects:

   • Central Government can reduce the salaries of government employees.

   • Centre controls state financial matters.

   • All financial decisions are taken by Centre.

3. Note: This emergency has never been declared in India till now.

🔶 3. Importance for Mass Communication Students:

1. During National Emergency, freedom of the press can be suspended or restricted.

2. Knowing which subjects are in which list helps understand media laws – like printing press, news broadcasting, and advertising fall under different lists.

3. Concurrent List topics like education and media often affect journalism regulations.

4. Emergency powers have major influence on freedom of expression, a key part of media and journalism.

✅ Quick Recap for Last-Minute:

• Union List = Central Govt only | 100 subjects | Defence, foreign affairs, railways

• State List = State Govt only | 61 subjects | Police, agriculture, health

• Concurrent List = Both can make laws | 52 subjects | Education, forests, marriage

• Centre wins if there's a conflict in Concurrent List laws.

• National Emergency (352) = War, rebellion → Centre control, Rights suspended

• President’s Rule (356) = State failure → Centre runs the state

• Financial Emergency (360) = Economic crisis → Centre controls economy

• Media freedom is most affected during emergencies!

Sepration of Powers, Chief Constitutional Commission and Committees:

🔹 SEPARATION OF POWERS

🔸 Meaning:

• The idea that different branches of government have separate functions.

• Three main branches:

  1. Legislature – makes the laws

  2. Executive – implements the laws

  3. Judiciary – interprets the laws

🔸 Purpose:

• To prevent misuse of power.

• To ensure checks and balances between the three branches.

• To maintain democracy and rule of law.

🔸 Indian Context:

• India follows "Separation of Functions", not strict separation like in the USA.

• There is overlapping between branches.

  • Example: Prime Minister is head of executive but also a part of legislature (Parliament).

• But each organ must respect the powers of the other.

🔸 Important Articles:

• Article 50: State should separate judiciary from executive in lower courts.

• Judicial Activism: Judiciary can review actions of other two branches (called Judicial Review).

🔹 CHIEF CONSTITUTIONAL COMMISSIONS AND COMMITTEES

These are independent bodies created to uphold the Constitution and democracy.

1️⃣ Election Commission of India (ECI)

• Established: Article 324

• Function: Conducts free and fair elections in India.

• Handles elections of:

  • President and Vice President

  • Lok Sabha and Rajya Sabha

  • State Legislative Assemblies

• Composition: Chief Election Commissioner + 2 Election Commissioners

• Works independently (not controlled by govt.

2️⃣ Union Public Service Commission (UPSC)

• Established: Article 315

• Function: Conducts exams for recruitment to civil services (IAS, IPS, etc.)

• Ensures: Merit-based selection, free from political influence.

• Advises the President on promotions and disciplinary matters.

3️⃣ Finance Commission

• Established: Article 280

• Function: Decides how financial resources are shared between the Centre and States.

• Appointed every 5 years by the President.

• Gives suggestions on taxation, grants-in-aid, and distribution of revenue.

4️⃣ Comptroller and Auditor General (CAG) of India

• Established: Article 148

• Function: Audits all receipts and expenditure of the Govt. of India and states.

• Ensures public money is used legally and effectively.

• Reports to Parliament, not to executive.

5️⃣ National Human Rights Commission (NHRC)

• Formed: Under Protection of Human Rights Act, 1993.

• Function: Protects and promotes human rights.

• Can investigate complaints of human rights violations.

• Suggests reforms to government.

6️⃣ Law Commission of India (Non-Constitutional)

• Advisory body to the Ministry of Law and Justice.

• Suggests reforms in laws to make them fair and updated.

• Not binding, but important for legal updates and modernization.

🔚 Summary:

• Separation of Powers helps in maintaining balance and limits abuse of power.

• Constitutional Commissions work to protect democracy and ensure fairness in government working.

• These bodies are neutral, independent, and vital for a functioning democracy.