Structure of Government 

When a government is formed in a democratic country, it enforces law, but to make sure that all things are smooth, the government gets the aid of these three organs, which keep stability, harmony, and unity in the democracy. These three main organs are legislative, executive, and judiciary. The basic nature of these forms of government is to maintain peace between the government and civilians. 

1. The Legislature 

Introduction 

The legislature is the body that legislates law; they are elected by the people and work on behalf of the people. The structure of the legislative assembly is parliament. According to article 79, Parliament consists of the President, Rajya Sabha, and Lok Sabha. Legislatures can be classified into 2 types: bicameral and unicameral. Bicameral legislatures have 2 houses of legislature; the lawmaking procedure is comparatively slow, and unicameral legislatures have only one house, and the lawmaking procedure is fast. The Indian legislature is bicameral, adopted from the Westminster model of government. The President of India is not a member of parliament but an integral part of parliament. 

In India, we have 2 houses in the legislature: the Council of States (Rajya Sabha) and the House of People (Lok Sabha). For central, we have bicameralism, but for state, we have the option to practice unicameralism and bicameralism. Presently, 6 states out of 29 practice bicameralism, and even though bicameralism has drawbacks, it has its own benefits: it helps to cater to a large population with much diversity, ensures everyone is represented, and helps reconsider every decision.

Composition 

The parliament includes the president, Rajya Sabha, and Lok Sabha. 

Rajya sabha 

Rajya Sabha is also known as the Council of States, also as the upper house. The maximum number of members is 250, of which 238 are representative of states and union territories and 12 are nominated by the president as having special knowledge in fields like literature, science, and the arts, as per article 80(3). This nominated member does not participate in the election of president. Residents of the state elect the member of the legislative assembly, and the MLA elects representatives of states in the legislative assembly in accordance with the system of proportional representation by means of a single transferable vote. The allocation of seats allotted to each state in Rajya Sabha is specified in the Fourth Schedule. 

The vice president is the ex officio chairman of India, and the Rajya Sabha members also elect one of the members of the house to be deputy chairman as per Article 89. When the office of chairman is vacant or he is acting as the vice president or discharging the function of president, his duties shall be performed by the deputy chairman. If that is also vacant, members of the Rajya Sabha are appointed by the president for that purpose. The deputy chairman can vacant his office by giving written notice to the chairman; he may also removed by council by resolution passed by majority under article 90. Rajya Sabha is a permanent house not subject to dissolution. The members of Rajya Sabha are elected for a period of 6 years; 1/3 of the members retire after 2 years. Even though Rajya Sabha is the upper house, its position is inferior; a money bill can only be introduced in Lok Sabha. A vote of no confidence cannot be passed in Rajya Sabha. Even in the case of an ordinary bill, if a deadlock is created between 2 houses, a joint session is held by virtue of the numerical strength of the Lok Sabha, which will pass the bill. 

In the federal constitution, the second chamber is a necessity and plays an important role in legislation. Rajya Sabha is desirable because senior politicians might get easy access to it without undergoing a general election so that their experience and talent are not lost to the

country. They may discuss questions of public interest and act as a revising house over the Lok Sabha, keeping with the federal system. 

Lok sabha 

Lok Sabha is the popular house, also known as the House of People. Members of Lok Sabha are directly elected by people. The number of memberships as provided under Article 81(4) is 550, out of which not more than 530 are chosen by direct election and not more than 20 represent union territory. The president may nominate not more than 2 Anglo-Indian community members if, in his opinion, the community is not adequately represented. The representatives are elected directly by the people on the basis of adult franchise. Representatives of union territories are elected in a manner prescribed by parliament. Every citizen of India, male or female, who is not below the age of 18 years is entitled to vote at the election of the Lok Sabha as per article 326. 

For the purpose of the election of the Lok Sabha, states are divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is as far as possible. Lok Sabha shall continue for 5 years from the commencement of its first session. The president can dissolve it earlier. During a proclamation of emergency, the life of the House of People can extend to one year at the end of the emergency and cannot continue for more than 6 months. 

Qualifications for membership of parliament are 

1. a) Citizen of india 
2. b) Not less than 30 years for the Council of States and 25 years for the House of people 
3. c) Other qualifications prescribed by parliament 

Certain grounds of disqualification are 

1. a) If holds office of profit under state and central government 
2. b) Unsound mind and competent court to declare it 
3. c) If he is an undischarged insolvent 
4. d) Not citizen of india

Legislative Process 

 The legislative function is the main function of the legislature. Lawmaking is done by a definite process, some of which is mentioned in the constitution and some learned by convention. Lawmaking involves three major steps: first, introduction of the bill in parliament; second, passing of the bill by both houses; and third, approval of the president turns the bill into law. A 

special intellectual committee, with the help of people’s input, makes a report, which is called a bill. The bill is a draft of a proposal that can be classified as a private member bill. It is the bill introduced by a non-minister, government bill proposed by a minister, money bill, non-money bill, ordinary bill, constitutional bill. 

This bill is introduced in any house by any of the members, with the exception that money bills can only be introduced in Lok Sabha. The bill is discussed, and if approved by the house, then it is passed to another house. They can accept, reject, or amend the bill. If accepted, the bill is forwarded to the president for his assent. If the president’s assent is given, the bill is converted into legislation. 

Function of legislature 

1. a) Legislative function: Parliament enacts legislation for the country; it is a chief law-making body that still just approves major work done by the executive of drafting bills under the supervision of the minister concerned. All MPs can introduce bills, but private member bills barely get a majority. Most of the time it’s the bill introduced by the minister that becomes law because they get the majority. 
2. b) Control of executive: Legislature checks that executive does not overstep its authority and remains responsible 
3. c) Financial function: the government raises resources through taxation, checks on how the government uses money, and also grants resources for implementing programs. Check the account regarding money spent, and also ensure the government doesn’t misspend or overspend. This is done through annual financial statements.
4. d) Representative function: Parliament represents the divergent views of members from different religious, social, economic, and regional groups of the country. 
5. e) Debate and discussion function: Parliament is the highest form of debate. There exists no bar on the power of discussion; members are free to discuss everything that nation faces. f) Constituent function: discussing and enacting changes in the constitution. This power is held by both the House and the amendment, which has to be approved by special majority  g) Electoral function: The member of parliament elects the president and vice president of India. 
6. h) Judicial function: considering the proposal of removal of president, vice president, Judges of the high court and supreme court 
7. The Executive 

A body or person that looks after implementation of rules and regulations at practice. The official definition of executive may vary from country to country. The executive involves not just the president and prime minister but also the administration machinery (civil servants). Executives can be of 2 types. political executive, which includes government and ministers elected, and permanent executive, which includes civil servants. 

Executives can also be further classified on the basis of leadership style, like real and nominal executives. Nominal executives are just for name’s sake, ceremonial executives; their power is used by real executives. E.g.: The Indian president and the real executive, the council of ministers headed by the PM, are real executives as they use the power of the president. 

Hereditary and elected executive appointment or recruitment processes are the only difference between these two. In India, elected executives exist, and a president is elected, but in England, the central executive is appointed through heredity. 

Parliamentary and presidential executives—this distinction is based on the relationship between the legislature and the executive. In parliamentary systems, there is a close relationship between the legislative and the executive; the executive is also a member of the legislature. In a presidential system, the executive is directly responsible to the common man and is more stable than the parliamentary system.

Singular and plural executive: a singular executive is where power lies only in one hand. The USA is a fine example of a singular executive, as all power is in the hands of the executive. Though India’s executive powers are divided, in India, executive power exists; still, executive power exists in singular form. because there is provision of “centralization” and “unity of command” under which the cabinet and PM work as a team, and the PM is captain. Plural Executive, there is a provision of “co-equal powers” and “co-equal responsibility.” Only one state that is known for the plural executive is Switzerland. 

Head of State and Head of Government 

Part V of the Indian Constitution consists of 5 chapters, of which chapter 1 deals with the central executive from articles 52-78. It consists of a president, vice president, prime minister, and attorney general. Article 52 states there must be a president who is head of the state. Articles 54-62 describe the election process of the president. As per the preamble, India is a republic country, so no hereditary monarch is head, so elections are conducted. Elections are indirect elections because the idea is to give effective power to the ministry and also be a cost-effective method. Constitution framers didn’t want to elect him by parliament because it has dominance of one political party, so state legislature was included. Only the elected members of both houses of parliament and the elected members of the state legislature nominate members of both houses, and they do not participate. The state has a bicameral legislature, which is a legislative council and assembly. Elected members of the legislative assembly who participate in the election. 

The president holds office for 5 years from the date he enters the office; he can resign from his office by giving a handwritten resignation to the vice president. As per article 56 of the Indian constitution. Qualifications of the president are provided in Article 58, which are that the person should be a citizen of India, have completed the age of 35 years, and hold an office of profit under the government of India. Article 361 states the protection provided to the president, governor, and rajpramukh, which immunizes them from producing before court and criminal proceedings, arrest or imprisonment, and civil proceedings. The procedure for the removal of the president from his office is mentioned in Article 61. 

There shall be a vice president, and he should be the ex officio chairman of the Rajya Sabha. As per article 63. It also provides qualifications for vice president, which are that the

person shall be a citizen of India, above the age of 35, should not hold an office of profit, and should not be a member of any state legislature or parliament. The election method of vice president is done by electoral college consisting of all members of Lok Sabha and Rajya Sabha, as mentioned in Article 66. As per article 67, the term of office for the vice president is 5 years; he can resign by writing to the president of India. 

Powers and Functions 

The importance of the legislature is decreasing day by day, and the importance of the executive is decreasing. Early on, it was a police state, so welfare things such as education, healthcare, and employment were handled by religious institutions. But now we live in a welfare state, so all these things have become the responsibility of the state, so the workload on the executive has increased. 

1. Executive power: 
2. a) All executive actions of the Government of India are formally taken in the name of the president. 
3. b) The president can make rules regarding the manner in which the order and other instruments made in his name shall be authenticated. 
4. c) Appointment of PM and other ministers, attorney general, CAG, Chief election commissioner, chairman of UPSC, and Governor of States 
5. d) Declare any area as a scheduled area and give power to the administration of the schedule and tribal area, and appoint an investigating officer for it. 
6. Legislative power 
7. a) Summons a joint session of both houses of parliament, which is presided over by the speaker of Lok Sabha. 
8. b) Address the parliament at commencement of first session after each general election and first session each year 
9. c) Send a message to the House of Parliament. 
10. d) Appoint any member of Lok Sabha to preside over its proceeding when the offices of both speaker and deputy speaker are vacant
11. e) Nominate 12 members of the Rajya Sabha from among persons having special knowledge and practical experience in special fields. 
12. f) Permission of the president is required to even introduce certain types of bills in parliament. 
13. Financial power: 
14. a) A money bill can be introduced in parliament only with his permission and recommendation 
15. b) He caused it to be laid before the parliament the annual financial statement c) No demand for grant can be made except his recommendation 
16. d) Constitute a finance commission after every five years to recommend the distribution of revenue between the center and state. 
17. Diplomatic Function 

 International treaties and agreements are negotiated and concluded on behalf of the president. They are subject to the approval of parliament representing India. Represent India in international forums and affairs and send and receive diplomats like ambassadors. 

5. Military function 

 The president is supreme commander of the defense forces of India and appoints the chiefs of the army, navy, and air force. He can declare war or conclude peace subject to the approval of the parliament. 

6. Emergency power 

Extraordinary power of the president to deal with the following 3 types of emergencies, like national emergency, president’s rule, and financial emergency. 

7. Ordinance-making power 

 Article 123 of the constitution empowers the president to make ordinances during the recess of the parliament. These ordinances have the same force and effect as an act of parliament but are temporary in nature only in urgent matters. An ordinance can be made only when both

houses or either house is not in session. An ordinance made when both houses are in session is void. An ordinance can be made when circumstances exist that render it necessary for him to take immediate action. 

In Cooper v. UOI, the Supreme Court held that the decision of the president to issue an ordinance can be questioned in court on the ground that the president has dissolved one or both houses deliberately to make an ordinance on a controversial subject. The 38th constitutional amendment act made the president’s satisfaction final and conclusive and beyond judicial review, but this provision was deleted by the 44th constitutional amendment act of 1978; now again it can be questioned. 

An ordinance can be made on those subjects on which parliament can make law and is subject to the same limitations as an act of parliament. Every ordinance issued by the president is laid before both houses, and when it resembles an ordinance approved by both houses, it becomes an act if parliament takes no action. The ordinance operates till 6 weeks from the reassembly of parliament can even stop operating even earlier if parliament disapprove it 

In the DC Wadhwa case of 1987, the governor of Bihar promulgated 256 ordinances that kept it in force for 1-14 years by promulgation from time to time. The court held that successive promulgation of ordinance with same text without any attempt to get bills passed means the ordinances are to be struck down 

8. Pardoning power 

Article 72: The president grants pardons to those who have been tried and convicted of any offense in all cases where the punishment or sentence is for offenses against union law, punishment or sentence by military court, or sentence of death. The pardoning power of the president is independent of the judiciary; it is an executive power. The objective behind this is to keep the door open for correcting any judicial error in the operation of law. The governor is also having this power as per Article 161

1. The Judiciary 

Structure and Hierarchy of Courts 

The Indian legal system is organized hierarchically according to the Constitution of India. At the pinnacle is the Supreme Court of India, situated in New Delhi, acting as the highest legal authority with original jurisdiction in conflicts between the Union and States or among States. appellate jurisdiction over High Court rulings, and the authority to issue writs for violations of fundamental rights according to Article 32. It consists of the Chief Justice of India along with as many as 33 additional judges, and its rulings are mandatory for all courts. Beneath it are the High Courts, with one located in each state or collection of states (25 in total), implementing original jurisdiction in specific cases, appellate jurisdiction over lower courts, and supervisory oversight over inferior courts within their jurisdiction. High Courts manage writ petitions as per Article 226 and hear appeals from district courts, with judges designated by the President. The subordinate courts, functioning under high courts, constitute the district judiciary and comprise district courts overseen by district and sessions judges, which deal with significant civil and criminal cases, along with lower courts such as civil judges and judicial magistrates for less serious issues. At this level, there are also specialized courts like family courts and juvenile courts. Gram Nyayalayas, created by the Gram Nyayalayas Act, 2008, tackle minor civil and criminal issues at the village level, with appeals directed to district courts. Moreover, specialized tribunals such as the National Green Tribunal and consumer courts address particular disputes, with appeals usually referred to high courts or the Supreme Court. The system guarantees judicial independence via the Collegium System for appointing higher judiciary members and state procedures for lower courts, where cases typically move from subordinate courts to high courts and, when significant legal issues arise, to the Supreme Court. 

Appointment of Judges 

In India, the Constitution and the Collegium System regulate the selection of judges for the Supreme Court, High Courts, and lower courts. Supreme Court justices are chosen by the President according to Article 124(2) following discussions with the Chief Justice of India (CJI)

and other justices, while the collegium—consisting of the CJI and the four most senior Supreme Court justices—provides mandatory recommendations. Qualified individuals must be Indian nationals who have been judges of the High Court for five years, advocates of the High Court for ten years, or eminent jurists, remaining in service until the age of 65. Judges of the High Court, selected under Article 217, need to consult with the Chief Justice of India, the state’s Governor, and the Chief Justice of the High Court, while the High Court collegium suggests candidates, verified by both the state and Union government, and confirmed by the Supreme Court collegium; they hold their positions until reaching 62 years old and must possess at least ten years of judicial or legal practice experience. District judges, appointed per Article 233, need a minimum of seven years of legal practice and are chosen by the High Court, with the governor making the ultimate appointment, whereas High Courts oversee subordinate judiciary under Article 235. The Collegium System, formed by court decisions in the 1990s, seeks to guarantee judicial independence but has been criticized for lack of transparency, delays, and claims of favoritism, with more than 400 High Court positions reported vacant recently. The National Judicial Appointments Commission, established in 2014 to take over from the collegium, was annulled in 2015 for compromising judicial independence, leaving the collegium as the main system amidst persistent demands for reforms to improve transparency and diversity. 

Removal of Judges 

As per Article 124, the grounds for removal of judges are misbehavior and incapacity. This term is not defined in the constitution but could include serious misconduct, corruption, or mental or physical inability to perform duties. 

To remove the judge on the following ground, either of house can initiate the resolution for removal of the judge. In Lok Sabha, 100 members must sign, or in Rajya Sabha, 50 members must sign to the leader of the house. House leaders form a committee to investigate. The committee should include judges of the high court and the supreme court and distinguished jurists. If sufficient evidence is found, both houses of parliament must pass it by special majority. Based on the motion passed by the house, the president can issue the removal of the judge.

Independence of the Judiciary 

Judicial independence refers to the ability of courts and judges to make decisions based solely on the law, facts, and evidence, without interference, coercion, or influence from other branches of government (executive and legislative), political entities, or external actors such as private organizations, individuals, or public opinion. The concept ensures that judges can act impartially, uphold justice, and protect the rights and liberties of citizens without fear of retribution or external control. 

Judicial independence is essential for upholding the rule of law and ensuring that laws are applied consistently and fairly, regardless of the status or influence of the parties involved. Protecting Individual Liberties: Safeguarding citizens’ rights against arbitrary actions by the state or other entities. Maintaining Public Confidence: Ensuring that the judiciary is seen as a neutral and impartial arbiter, fostering trust in the legal system. Preventing Abuse of Power: Acting as a check on the executive and legislative branches to prevent overreach or misuse of authority. 

Judicial independence can be categorized into two main types: decisional independence and institutional independence. Each addresses different aspects of the judiciary’s autonomy. Decisional independence refers to the freedom of individual judges to make decisions in cases based solely on the law, evidence, and their conscience, without external pressure or influence. This type of independence ensures that judges can adjudicate impartially, even in politically sensitive or controversial cases. Institutional independence refers to the judiciary’s autonomy as an institution, free from political or external control over its operations, structure, and administration. This ensures that the judiciary as a whole can function without being subordinated to other branches of government. 

The concept of judicial independence is closely tied to the doctrine of separation of powers, a principle articulated by political philosopher Montesquieu. This doctrine advocates that the three branches of government—executive, legislative, and judiciary—should operate independently to prevent any one branch from dominating the others. In the context of judicial independence

Separation of Powers: The judiciary must function independently from the executive and legislative branches to ensure impartiality. For example, judges should not be appointed, removed, or disciplined by the executive or legislature in ways that compromise their autonomy. The judiciary should have control over its budget, administration, and internal operations to avoid dependence on other branches. Judicial decisions should not be subject to review or reversal by the executive or legislature, except through established legal processes (e.g., appeals within the judicial system). 

In contrast, fusion of powers refers to systems where the executive and legislative branches share a close relationship, such as in parliamentary systems where the executive (e.g., the prime minister and cabinet) is drawn from the legislature. In such systems, the judiciary’s independence becomes even more critical to act as a counterbalance to the combined power of the other two branches. For instance, in a parliamentary system, the executive and legislature may collaborate closely, potentially leading to laws or policies that favor political interests. An independent judiciary ensures that such laws or actions are scrutinized for their legality and constitutionality. The judiciary’s role as a neutral arbiter is vital to prevent the fusion of executive and legislative power from undermining individual rights or democratic principles. 

Judicial Review 

Judicial review in India is a  fundamental aspect of the constitutional system, granting the judiciary the authority to ensure that the actions, laws, and policies of the executive and legislative branches comply with the Constitution of India. It serves as an essential tool for maintaining the rule of law, safeguarding fundamental rights, and preserving the balance of power among the three branches of government. Due to the independence of the judiciary, judicial review enables the Supreme Court and High Courts to evaluate the constitutionality of laws, executive actions, and administrative decisions, ensuring they align with the Constitution’s provisions and foundational principles, including the basic structure doctrine. The following is a comprehensive examination of judicial review in India, covering its legal foundation, scope, importance, and challenges, particularly in relation to judicial independence.

The authority for judicial review in India is rooted in the Constitution, which establishes the judiciary as an independent body with the power to oversee the actions of the legislature and executive. Key constitutional provisions include: 

Article 13 states that any law that contradicts or undermines fundamental rights is void, granting the judiciary the explicit power to annul unconstitutional laws. 

Articles 32 and 226: Allow the Supreme Court and High Courts, respectively, to issue writs (such as habeas corpus, mandamus, and certiorari) to protect fundamental rights and review the actions of public authorities. 

Articles 124 and 214: Ensure the independence of the Supreme Court and High Courts, allowing them to exercise judicial review without external interference. 

Judicial Precedents: The Supreme Court has broadened the scope of judicial review through significant rulings, particularly in the Kesavananda Bharati v. State of Kerala (1973) case, which established the basic structure doctrine, limiting Parliament’s ability to amend the Constitution in ways that infringe upon its core principles (such as judicial independence, federalism, and secularism). 

Judicial review in India is extensive and covers various aspects: Constitutional Review The judiciary assesses whether laws enacted by Parliament or state legislatures comply with the Constitution. If a law infringes on fundamental rights or the basic structure, it can be deemed unconstitutional. 

Executive Actions: The judiciary evaluates executive decisions, including policies, orders, and administrative actions, to ensure they are lawful, reasonable, and not arbitrary. For instance, under Article 14, actions must adhere to the principles of equality and non-arbitrariness. 

Administrative Review Courts examine the decisions of administrative bodies to ensure they follow principles of natural justice, fairness, and compliance with statutory requirements. 

Judicial Review of Constitutional Amendments: Following the Kesavananda Bharati case, the Supreme Court has claimed the authority to review constitutional amendments to ensure they do not alter the Constitution’s basic structure.

Public Interest Litigation (PIL): The judiciary has broadened access to justice through PILs, enabling courts to address issues affecting public interest, such as environmental protection or human rights violations, even when these matters are raised by third parties. 

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