Constitutional Organs of India: Union Parliament, State Legislature, Executive, and Judiciary

Introduction

The Indian Constitution, as the supreme law of the land, establishes various "constitutional organs" to ensure a functioning democracy and maintain a balance of power. These organs include the Union Parliament, State Legislatures, the Executive (Union and State), and the Judiciary (Supreme Court and High Courts). Each organ operates within its defined powers, responsibilities, and limitations, ensuring the governance structure remains efficient and accountable. Let us delve into their constitution, functions, and significant features like Parliamentary Sovereignty, Privileges, Anti-Defection Law, Collective Responsibility, and Judicial Review.

Union Parliament and State Legislature

Constitution and Function

The Union Parliament consists of two houses:

1. Lok Sabha (House of the People): Comprising directly elected representatives, it is the lower house responsible for making laws, approving budgets, and representing the public's will.
2. Rajya Sabha (Council of States): The upper house, representing the States and Union Territories, is indirectly elected, offering a federal character to legislation.

State Legislatures may be unicameral (only Legislative Assembly) or bicameral (Legislative Assembly and Legislative Council). The Legislative Assembly (Vidhan Sabha) functions similarly to the Lok Sabha, while the Legislative Council (Vidhan Parishad), where it exists, resembles the Rajya Sabha.Functions: Both the Union Parliament and State Legislatures are responsible for law-making, budget approval, debating public issues, and holding the Executive accountable.

Parliamentary Sovereignty

In India, Parliamentary Sovereignty is limited by the Constitution. Unlike the British Parliament, which is supreme, the Indian Parliament operates within the framework of the Constitution. Judicial review ensures that laws passed by Parliament are consistent with constitutional provisions.

Parliamentary Privileges

Members of Parliament and State Legislatures enjoy certain privileges to perform their functions without fear or obstruction. These include freedom of speech in the House, immunity from legal proceedings for actions within the House, and exemption from arrest in civil cases during the session. However, these privileges are subject to judicial scrutiny to prevent misuse.

Anti-Defection Law

The Anti-Defection Law, introduced by the 52nd Amendment (1985) and codified in the Tenth Schedule of the Constitution, aims to curb political defections. It disqualifies legislators who:

• Voluntarily give up their party membership.
• Vote against the party's direction (except under specific exemptions like a merger).

This law upholds party discipline but has also been criticized for restricting free speech and dissent within political parties.

Collective Responsibility of the Cabinet

The principle of Collective Responsibility, enshrined in Article 75(3) for the Union Cabinet and Article 164(2) for State Cabinets, ensures that the Council of Ministers works as a cohesive unit. The Cabinet is collectively accountable to the legislature, and all ministers must publicly support decisions, even if they privately disagree. If a vote of no confidence is passed, the entire Cabinet, including the Prime Minister or Chief Minister, must resign.

Union and State Executive

The Executive comprises the President (Union) and Governors (States) as constitutional heads, along with the Council of Ministers headed by the Prime Minister (Union) or Chief Minister (State).

• Union Executive: The President exercises executive powers on the advice of the Council of Ministers. Key roles include appointing the Prime Minister, issuing ordinances, and acting as the Commander-in-Chief of the armed forces.
• State Executive: The Governor, as the representative of the President, acts as the constitutional head of the State. The real executive powers lie with the Chief Minister and the Council of Ministers.

• Supreme Court and High Courts

  Constitution and Jurisdiction

  The Supreme Court is the highest judicial authority in India, established under Article 124. It consists of the Chief Justice and other judges appointed by the President. Its jurisdiction includes:
  • Original Jurisdiction (Article 131): Disputes between states or between states and the Centre.
  • Appellate Jurisdiction (Articles 132-134): Appeals against High Court decisions.
  • Advisory Jurisdiction (Article 143): Advising the President on constitutional matters.
  The High Courts, established under Article 214, function as the highest judicial authority at the State level. They have:
  • Original Jurisdiction: On matters such as writ petitions under Article 226.
  • Appellate Jurisdiction: Appeals from lower courts.

  • Power of Judicial Review

    Judicial Review is the power of courts to examine the constitutionality of legislative and executive actions. The Supreme Court and High Courts can strike down laws or actions that violate the Constitution. This power ensures the supremacy of the Constitution and protects fundamental rights.

  • Independence of Judiciary

    To uphold justice impartially, the Constitution ensures Judicial Independence through:
    • 1) Security of tenure for judges.
    • 2) Fixed salaries, charged on the Consolidated Fund.
    • 3) Restrictions on post-retirement jobs (except judicial roles).
    • 4) Separation of powers between the Executive and Judiciary.

    • Conclusion

      India’s constitutional organs—the Union Parliament, State Legislatures, Executive, and Judiciary—are the pillars of its democratic framework. While the Legislature enacts laws, the Executive implements them, and the Judiciary ensures their constitutionality. These organs work in tandem, guided by principles like Parliamentary Privileges, Anti-Defection Law, Collective Responsibility, and Judicial Review, ensuring accountability and the rule of law. The balance between these institutions is essential for maintaining democracy and fostering good governance in India.
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