Executive & Judicial System
🟢 Lite — Quick Review (1h–1d)
Rapid summary for last-minute revision before your exam.
Executive & Judiciary — MHC-CET (Law) Quick Recall
The Executive is the organ that enforces laws and runs administration. In India, it comprises the President, Vice President, Council of Ministers, and Attorney General.
Key Executive Facts:
- President: First citizen, head of state; elected by Electoral College (Article 54); serves 5 years; office of 15th President: Droupadi Murmu (2022)
- Vice President: Ex-officio Chairman of Rajya Sabha; elected by Electoral College; 2nd term: Jagdeep Dhankhar (2022)
- Prime Minister: Head of government; leader of majority in Lok Sabha; appointed by President
- Council of Ministers: 30% of Lok Sabha strength maximum (91st Amendment); collective responsibility to Lok Sabha (Article 75)
Key Judicial Facts:
- Supreme Court: 34 judges (maximum); headed by Chief Justice of India (CJI); at New Delhi
- High Courts: 25 High Courts; headed by Chief Justice
- Subordinate Courts: District Courts, Sessions Courts
- Chief Justice of India: 50th CJI — Justice Ranjan Gogoi (April 2024); appointed by President (Article 124)
⚡ Exam Tip: Questions often confuse President and Prime Minister powers. Remember: President is de jure head (nominal); PM is de facto head (real executive power). President cannot act independently — all actions are on advice of Council of Ministers.
🟡 Standard — Regular Study (2d–2mo)
Standard content for students with a few days to months.
The Executive
President of India
Election (Article 54): By indirect election — Electoral College comprising:
- Elected members of both Houses of Parliament
- Elected members of legislative assemblies of all states
- NOT nominated members, NOT members of legislative councils
Nominations: 20 members of Parliament + 20 members of each state legislative assembly are not part of Electoral College.
Qualifications (Article 58):
- Must be citizen of India
- Must have completed 35 years of age
- Must be qualified for election as member of Lok Sabha
- Must not hold any office of profit under Union/State government or local authority
Term: 5 years (Article 56); eligible for re-election; can resign to Vice President by writing; removable by impeachment.
Impeachment (Article 61): Passed by 2/3 majority of members of both Houses present and voting (not total membership) in each House. Not yet invoked in Indian history.
Powers of President:
Executive Powers:
- Appoints PM (who commands majority in Lok Sabha; otherwise may invite others to prove majority)
- Appoints other ministers on PM’s advice
- Appoints Chief Justice of India, Judges of Supreme Court and High Courts, Attorney General, CAG, CEC, FC
- Appoints Governors, Lt. Governors (UTs)
- Can declare national/state emergency (Article 352)
- Can issue ordinance when Parliament not in session (Article 123)
Legislative Powers:
- Summons/prorogues Parliament; dissolves Lok Sabha
- Addresses Parliament at beginning of session
- May return Bill for reconsideration (once, except Money Bill)
- Must give assent to Constitution Amendment Bills
Financial Powers:
- Causes Annual Budget to be laid before Parliament (Article 112)
- No demand for grant can be made except on President’s recommendation
Judicial Powers:
- Article 72: Power to grant pardon, reprieve, respite, remission, commutation of sentence; pardon death sentence
- Article 76: Appoints Attorney General of India
Prime Minister
Appointment (Article 75): Appointed by President. In practice, the leader of the party with majority in Lok Sabha is appointed.
Qualifications: Must be member of either House of Parliament. If not a member at time of appointment, must become member within 6 months.
Term: At pleasure of President (but in reality depends on Lok Sabha confidence — if Lok Sabha passes no-confidence motion, PM must resign).
Powers:
- Real head of government
- Functions: Advises President on appointments; presides over Cabinet; coordinates government policy; main link between President and Parliament; leader of House
- Can recommend dissolution of Lok Sabha to President
Council of Ministers (Article 74–75):
- PM is head; Council aids and advises President
- 91st Amendment (2000): Council of Ministers limited to 15% of Lok Sabha strength (minimum 19); also capped at 30% for Council of States
- 92nd Amendment: No person can be a minister for more than 6 years without parliamentary approval
Collective Responsibility (Article 75): All ministers are jointly responsible to Lok Sabha. If a minister disagrees with cabinet decision, they must resign.
Governor — State Executive
- Appointed by President (Article 155); holds office during President’s pleasure
- Article 161: Power to pardon, reprieve, respite, remission — only for state offenses (unlike President’s broader power under Article 72)
- Can promulgate ordinance when state legislature not in session
- Must act on advice of Council of Ministers (except in discretionary matters like deciding whether to invite a party to form government)
The Judicial System
Supreme Court of India
Composition (Article 124):
- Maximum 34 judges (currently 34 including CJI)
- Chief Justice of India (appointed first; senior-most judge)
- Other judges appointed by President (after consultation with CJI)
- Judges hold office until 65 years of age
Qualifications for SC Judge:
- Must have been a judge of a High Court for 5 years; OR
- Must have been an advocate of a High Court for 10 years; OR
- Must be a distinguished jurist (in opinion of President)
Appointments: Established by Three Judges Cases:
- First Judges Case (1981): CJI’s opinion is only consultative
- Second Judges Case (1993): CJI’s opinion binding on President (collegium system established)
- Third Judges Case (1998): CJI must consult a collegium of 4 senior judges
⚡ Exam Focus: The collegium system is unique — the judiciary has effectively become selfappointing (not under Parliament’s control). This was later addressed by the NJAC Act (2014) which was struck down in Supreme Court Advocates-on-Record v. Union of India (2015) — NJAC held unconstitutional.
Jurisdiction of Supreme Court:
Original Jurisdiction (Article 131): Disputes between Union and states; between two or more states. Exclusive.
Appellate Jurisdiction (Article 132–134):
- Constitutional matters (Article 132) — any substantial question of law
- Civil matters (Article 133) — High Court judgment appealable if involves Rs. 10,000+ or involves significant legal question
- Criminal matters (Article 134) — appeals from High Court if High Court has reversed acquittal/removed acquittal sentence; or certified fit for appeal
Advisory Jurisdiction (Article 143): President may refer any question of law or public importance to Supreme Court for opinion. Not binding.
Special Leave Petition (Article 136): Supreme Court can grant special leave to appeal from any court (not just High Court) against any judgment. Most flexible power; exercised sparingly.
Writ Jurisdiction: Under Article 32 (enforcement of Fundamental Rights) — Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
High Courts
25 High Courts in India (as of 2024). Each has a Chief Justice and such other judges as appointed.
Qualifications: 10 years as advocate in High Court or in multiple High Courts; or 10 years as judge in subordinate court.
Appointment: By President (after consultation with CJI and Governor).
Jurisdiction:
- Original jurisdiction for certain matters (e.g., admiralty, matrimonial)
- Appellate jurisdiction (civil and criminal appeals from subordinate courts)
- Supervisory jurisdiction (Article 227 — writ jurisdiction against lower courts)
- Constitutional matters (if functioning as a court of first instance for certain cases)
Subordinate Courts
Structure (Article 233–237):
- District Courts (Civil) — headed by District Judge
- Sessions Courts (Criminal) — headed by Sessions Judge
- Additional Sessions Judges, Assistant Sessions Judges
- Subordinate civil courts: Munsiffs, Small Causes Courts
- High Court controls subordinate courts (Article 235 — district control)
State Judicial Service: State Public Service Commissions hold exams for judicial services.
🔴 Extended — Deep Study (3mo+)
Comprehensive coverage for students on a longer study timeline.
In-Depth Analysis: Key Judicial Concepts
Basic Structure Doctrine — Kesavananda Bharati (1973)
The most important case in Indian constitutional law:
- Supreme Court held that Parliament can amend any part of Constitution including Fundamental Rights
- However, the basic structure of Constitution cannot be amended
- Features constituting basic structure: federalism, secularism, parliamentary system, judicial review, separation of powers, sovereignty, unity, integrity, liberty, dignity of individual
- Basis: Preamble is part of Constitution; amending basic features violates the Constitution’s identity
The Emergency Provisions (Part XVIII)
National Emergency (Article 352):
- President can declare emergency if satisfied that security of India is threatened by war, external aggression, or armed rebellion
- Proclamation of Emergency must be approved by Parliament within 1 month
- Can be imposed on regional basis too (State of Uttar Pradesh v. Raj Narain — but later Bengal v. Union of India allowed regional)
- Effect: Fundamental Rights under Article 19 automatically suspended; Parliament can extend legislative life beyond 5 years; executive powers of states are assumed by Union
President’s Rule (Article 356):
- If President is satisfied that state cannot function according to Constitution, President can assume state’s functions
- Must be approved by Parliament within 2 months
- S.R. Bommai (1994) — limited misuse of Article 356
- Governor reports to President; but actual request often comes from central government
- Can be revoked at any time; no limit on number of times
Financial Emergency (Article 360):
- If President is satisfied that financial stability/credit of India is threatened
- All money bills require President’s certification
- Can reduce salaries of government officials including judges
- Never invoked in India
Independence of Judiciary
Article 50 (Directive Principle): Separation of judiciary from executive.
Salaries and allowances of judges are charged to Consolidated Fund of India (not voted upon).
Security of tenure: SC judges cannot be removed except by impeachment (2/3 majority of both Houses). High Court judges cannot be removed except on ground of proved misbehaviour/incapacity (address supported by 2/3 of both Houses of Parliament).
Prohibition on post-retirement practice: SC judges cannot practice in any court or before any authority in India (Article 220). High Court judges cannot practice in the same High Court but can in Supreme Court or other High Courts.
The NJAC Controversy
National Judicial Appointments Commission Act, 2014 was passed to replace the collegium system with a 6-member commission (CJI, 2 senior judges, Law Minister, 2 eminent persons).
Supreme Court Advocates-on-Record v. Union of India (2015): SC struck down NJAC Act as unconstitutional (violated judicial independence — basic structure). Collegium system upheld. Chief Justice of India Ranjan Gogoi, who headed the Bench, later became CJI.
Key Judicial Pronouncements
| Case | Year | Significance |
|---|---|---|
| Kesavananda Bharati | 1973 | Basic Structure Doctrine |
| Minerva Mills | 1980 | Limited 42nd Amendment; DPSP vs FR |
| S.R. Bommai | 1994 | Restricted Article 356 misuse |
| Vineet Narain | 1998 | Supreme Court monitoring of CBI |
| ADM Jabalpur | 1976 | Habeas Corpus during emergency (reversed later) |
| Menaka Gandhi | 1978 | Article 21 read with Article 14 & 19 |
| Kihoto Hollohon | 1992 | Anti-defection; Speaker’s decisions judicially reviewable |
| Nandini Sundar | 2011 | Environmental rights and forest rights |
| Shayara Bano | 2017 | Triple Talaq unconstitutional |
| Joseph Shine | 2018 | Section 377 decriminalised consensual homosexuality |
| Navtej Johar | 2018 | Right to privacy as fundamental right |
| Madhya Pradesh ST Congress | 2020 | Federalism principles |
| Kesavananda Bharati | 1973 | Basic Structure |
The Central Vigilance Commission
- Established in 1964; apex anti-corruption body
- Supervises: CBI, Anti-Corruption Bureau, Chief Technical Examiners
- Lokpal and Lokayuktas: Anti-corruption ombudsman at Union (Lokpal) and State (Lokayukta) level — established by Lokpal and Lokayukta Act, 2013
Articles to Remember
| Article | Subject | Significance |
|---|---|---|
| 52–78 | President | Office of President |
| 74–75 | Council of Ministers | PM and Cabinet |
| 76 | Attorney General | Law officer |
| 79–122 | Parliament | - |
| 124–147 | Supreme Court | Composition, Jurisdiction |
| 148 | CAG | Comptroller & Auditor General |
| 148A | NFSA | National Financial Reporting Authority |
| 148B | FC | Financial Cabinet Committee |
| 161 | Governor’s Pardon | State-level only |
| 165 | Advocate General | State law officer |
| 233–237 | Subordinate Courts | District and Sessions |
| 215 | High Courts | Establishment |
| 352 | Emergency | National Emergency |
| 356 | President’s Rule | State Emergency |
| 360 | Financial Emergency | Never invoked |
Exam Strategy
- President vs. Governor vs. PM — Distinguish their powers clearly. PM has real executive power; President is nominal.
- Emergency Provisions — Know the three types of emergency, their grounds, effects, and the landmark S.R. Bommai case that limited Article 356.
- Collegium vs. NJAC — Understand why NJAC was struck down and the basic structure argument used.
- Supreme Court vs. High Court jurisdiction — Original (SC) for inter-governmental disputes; Appellate for constitutional/civil/criminal appeals.
- Basic Structure Doctrine — The single most important doctrine in Indian constitutional law; expect at least 1 question.
- CJI appointment — Since 2024, CJI is the senior-most judge (collegium system).
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