Constitutional Organs of Government in India and Public Interest Litigation (PIL) explained
By LuNotes β your trusted for Lucknow University Semester exam notes, crafted with love. β€οΈ
π Three Branches of the Government:
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Legislature (Parliament)
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Executive (President, PM, Council of Ministers)
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Judiciary (Supreme Court, High Courts)
ποΈ 1. Legislature β Law-Making Body
β€ Main Functions:
β’ Make, amend, and repeal laws
β’ Represent public will in governance
β€ Structure:
β’ Lok Sabha (House of the People) β Elected directly by citizens (Art. 81)
β’ Rajya Sabha (Council of States) β Elected by state legislatures (Art. 80)
β€ Constitutional Articles:
β’ Art. 79β123 govern Parliament’s powers and structure
π€ 2. Executive β Policy Implementation & Administration
β€ Key Roles:
β’ Implement laws, maintain law & order, run welfare schemes
β€ Key Posts & Appointment:
β’ President (Art. 52β54) β Elected by MPs + MLAs
β’ Prime Minister (Art. 75) β Appointed by President, leads majority in Lok Sabha
β’ Council of Ministers β Advised by PM, max 15% of house strength (91st Amendment, 2003)
β’ Vice President (Art. 63) β Rajya Sabha Chairman
β€ Civil Services:
β’ Recruited by UPSC under Articles 309β311
β€ Duties:
β’ PM must inform President of all decisions (Art. 78)
βοΈ 3. Judiciary β Guardian of Constitution
β€ Role:
β’ Interpret laws
β’ Resolve disputes
β’ Protect Fundamental Rights
β’ Check Legislature & Executive powers
β€ Hierarchy:
β’ Supreme Court β High Courts β District Courts
β€ Appointments:
β’ By President on recommendation of Collegium System (Second Judges Case, 1993)
β€ Judicial Independence:
β’ Articles 124β147 provide safeguards (e.g., tenure, impeachment process)
π Public Interest Litigation (PIL)
β€ Meaning:
β’ Legal action for protection of Public Interest (not personal)
β€ Filed for Issues Like:
β’ Pollution, bonded labour, child neglect, exploitation, womenβs rights, heritage, etc.
β€ Who Can File:
β’ Any citizen or even the court itself (suo motu)
β€ No Legal Definition β Developed via Judicial Activism
β€ Significance:
β’ Empowers weaker sections
β’ Makes justice accessible to all
βοΈ Separation of Powers β Why It Matters?
β€ Definition:
β’ Power is split among Legislature, Executive & Judiciary
β’ Prevents concentration of power (Montesquieu’s theory)
β€ Importance:
β’ β
Prevents misuse of authority
β’ β
Enables Checks & Balances
β’ β
Improves Efficiency
β’ β
Protects Citizensβ Rights
β€ Key Provisions:
β’ Art. 50 β Judiciary separate from Executive
β’ Art. 121, 211 β Judgesβ conduct canβt be discussed in legislatures
β’ Art. 122, 212 β Courts can’t question legislative procedures
β’ Art. 245β246 + 7th Schedule β Clear Union & State powers
β’ Art. 361 β Immunity to President & Governors
β€ Landmark Cases:
β’ Keshavananda Bharati v. State of Kerala (1973) β Basic Structure Doctrine
β’ S.R. Bommai v. Union of India (1994) β Limited misuse of Presidentβs Rule
β’ Indira Gandhi v. Raj Narain (1975) β Separation upheld
π Interrelationship Between Three Branches
π Cooperation Areas
β€ Law-making β Executive implements (e.g., GST law)
β€ Judicial suggestions β Legislative reforms (e.g., Vishaka Guidelines β Sexual Harassment Act)
β€ Emergencies β Unified action (e.g., COVID-19 pandemic)
π Overlapping Powers
π Legislatureβs Overlaps
β€ With Judiciary:
β’ Impeach judges (Art. 124(4), 217(1))
β’ Amend laws after judicial review
β’ Punish for contempt of Parliament
β€ With Executive:
β’ Ministers = MPs β Dual membership
β’ No-confidence motion β Can remove Executive
β’ Debates, committees, Question Hour β Check Executive
β’ Impeach President (Art. 61)
β’ Council of Ministers advises President
π§ββοΈ Executiveβs Overlaps
β€ With Judiciary:
β’ Appoints judges (Art. 124)
β’ Grant pardons/remission (Art. 72, 161)
β’ Sets up Tribunals, Quasi-judicial bodies
β€ With Legislature:
β’ Promulgate Ordinances (Art. 123)
β’ Make rules for internal working (Art. 77, 166)
β’ Delegated legislation β Create detailed rules (e.g., FSSAI rules under Food Safety Act, 2006)
β Judiciaryβs Overlaps
β€ With Executive:
β’ Issue directives (Art. 142)
β’ Conduct Judicial review of executive actions
β€ With Legislature:
β’ Strike down unconstitutional laws (Art. 13)
β’ Basic Structure Doctrine β Prevent harmful amendments