Indian Constitution Part 3: Parliament, Supreme Court, High Court, Elections
Complete notes on Indian Parliament (Lok Sabha, Rajya Sabha), Supreme Court, High Court, Election Commission, and the legislative process. High-weight polity topics for Kerala PSC.
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Parliament, Judiciary, and Elections complete the polity syllabus. Together with Parts 1 and 2, these three notes cover the entire Indian Constitution section of Kerala PSC. Expect 3-5 questions from this topic per paper.
Indian Parliament
Parliament consists of the President and two Houses: Lok Sabha (Lower House) and Rajya Sabha (Upper House).
Lok Sabha (House of the People)
| Fact | Detail |
|---|---|
| Maximum strength | 552 (530 states + 20 UTs + 2 Anglo-Indians — but 104th Amendment removed Anglo-Indian nomination from 2020) |
| Current strength | 543 (530 + 13 UTs) |
| Presiding officer | Speaker (and Deputy Speaker) |
| Term | 5 years (can be dissolved earlier by President on PM’s advice) |
| Minimum age | 25 years |
| Quorum | 1/10th of total membership |
| First Speaker | G.V. Mavalankar |
| First woman Speaker | Meira Kumar (2009) |
| Money bills | Can ONLY be introduced in Lok Sabha |
Rajya Sabha (Council of States)
| Fact | Detail |
|---|---|
| Maximum strength | 250 (238 elected + 12 nominated by President) |
| Current strength | 245 |
| Presiding officer | Vice President of India (ex-officio Chairman) |
| Term of members | 6 years (1/3 retire every 2 years) |
| Nature | Permanent body — cannot be dissolved |
| Minimum age | 30 years |
| Nominated members | 12 (from literature, science, art, social service) |
| First Chairman | Dr. S. Radhakrishnan (first VP) |
PSC favourites:
- Lok Sabha = 543 seats, term 5 years, age 25, Speaker presides
- Rajya Sabha = 245 seats, term 6 years, age 30, VP presides, permanent body
- Money Bill = only in Lok Sabha
- Rajya Sabha cannot be dissolved
- Joint sitting (Art. 108) = presided by Speaker of Lok Sabha
Types of Bills
| Type | Introduction | Passage |
|---|---|---|
| Ordinary Bill | Either House | Both Houses must pass; deadlock → Joint Session |
| Money Bill | Lok Sabha only | RS can only suggest (within 14 days); LS can accept or reject suggestions |
| Financial Bill | Lok Sabha only | Similar to ordinary but relates to fiscal matters |
| Constitutional Amendment Bill | Either House | Special majority in both Houses; some need state ratification |
PSC trap: Money Bill is certified by the Speaker of Lok Sabha — not the President. The Speaker’s decision on whether a bill is a Money Bill is final and cannot be questioned.
Important Parliamentary Terms
| Term | Meaning |
|---|---|
| Adjournment | Suspending session for a specified time |
| Prorogation | Ending a session (by President) |
| Dissolution | Ending the life of Lok Sabha (only Lok Sabha can be dissolved) |
| Quorum | Minimum members needed to conduct business (1/10th) |
| Question Hour | First hour of each sitting; MPs question ministers |
| Zero Hour | Informal device; immediately after Question Hour; MPs raise urgent matters |
| Guillotine | When demands for grants are put to vote without discussion due to time shortage |
| Whip | Party directive to members to vote in a particular way |
| Adjournment Motion | To draw attention to urgent public importance (Lok Sabha only) |
| No-Confidence Motion | Motion to remove government (Lok Sabha only); needs simple majority |
| Censure Motion | Criticises government on specific policy (must state reasons) |
Joint Session of Parliament (Article 108)
| Fact | Detail |
|---|---|
| When | Deadlock between two Houses on an Ordinary Bill |
| Called by | President |
| Presided by | Speaker of Lok Sabha |
| Decided by | Simple majority of total members present and voting |
| Not applicable to | Money Bills and Constitutional Amendment Bills |
| Times used | 3 times (Dowry Prohibition Act 1961, Banking Service Commission 1978, POTA 2002) |
Supreme Court of India
| Fact | Detail |
|---|---|
| Article | Articles 124-147 |
| Established | 28 January 1950 |
| Location | New Delhi |
| Composition | Chief Justice + 33 other judges (total 34, increased from 31 in 2019) |
| Appointment | By President on recommendation of Collegium (CJI + 4 senior judges) |
| Retirement age | 65 years |
| Qualification | Must have been a HC judge for 5 years, or HC advocate for 10 years, or distinguished jurist |
| First CJI | H.J. Kania |
| Longest serving CJI | Y.V. Chandrachud (7+ years) |
Jurisdiction of Supreme Court
| Type | What it covers |
|---|---|
| Original | Disputes between Centre and States, or between States (Art. 131) |
| Appellate | Appeals from High Courts (constitutional, civil, criminal matters) |
| Advisory | President can seek SC opinion on legal questions (Art. 143) |
| Writ | Can issue writs under Article 32 for Fundamental Rights enforcement |
| Review | Can review its own judgments (Art. 137) |
| Special Leave Petition (SLP) | Can grant leave to appeal from any court/tribunal (Art. 136) |
PSC must-know:
- SC judges retire at: 65
- HC judges retire at: 62
- SC has 34 judges (including CJI)
- First CJI: H.J. Kania
- SC can issue writs under: Article 32
- “Guardian of the Constitution”: Supreme Court
- “Guardian of the Public Purse”: CAG
Important SC Landmark Cases (PSC Level)
| Case | Year | Significance |
|---|---|---|
| Kesavananda Bharati | 1973 | Basic Structure Doctrine — Parliament cannot alter basic structure of Constitution |
| Golaknath | 1967 | FRs cannot be amended (later overruled by 24th Amendment + Kesavananda) |
| Maneka Gandhi | 1978 | Expanded Article 21 — “procedure established by law” must be fair, just, reasonable |
| Vishaka | 1997 | Guidelines on sexual harassment at workplace |
| Puttaswamy | 2017 | Right to Privacy is a Fundamental Right under Art. 21 |
High Courts
| Fact | Detail |
|---|---|
| Article | Articles 214-231 |
| Total HCs | 25 (as of 2024) |
| Oldest HC | Calcutta (1862), Bombay (1862), Madras (1862) — all three established same year |
| Retirement age | 62 years |
| Appointment | By President in consultation with CJI and Governor |
| Writ jurisdiction | Article 226 — wider than SC (can issue writs for FRs AND legal rights) |
| Kerala HC | At Kochi (Ernakulam) — jurisdiction over Kerala + Lakshadweep |
PSC distinction:
- SC writs (Art. 32) = for Fundamental Rights only
- HC writs (Art. 226) = for Fundamental Rights AND other legal rights (wider scope)
- HC judges retire at 62, SC at 65
Election Commission of India
| Fact | Detail |
|---|---|
| Article | Article 324 |
| Established | 25 January 1950 |
| Composition | Chief Election Commissioner (CEC) + Election Commissioners |
| Appointed by | President |
| Term | 6 years or 65 years of age (whichever is earlier) |
| Removal | CEC can only be removed by impeachment (same as SC judge); other ECs can be removed on CEC’s recommendation |
| First CEC | Sukumar Sen |
| Functions | Conducts elections to Parliament, State Legislatures, President, VP |
| Does NOT conduct | Panchayat and Municipality elections (State Election Commission does) |
| HQ | New Delhi |
| Voter age | 18 years (reduced from 21 by 61st Amendment, 1989) |
| EVM introduced | Electronic Voting Machines used from 2004 (all constituencies) |
PSC favourite: First CEC = Sukumar Sen. Voting age = 18 (61st Amendment). EC does NOT conduct panchayat elections — that’s the State Election Commission.
Types of Elections
| Type | For | Conducted by |
|---|---|---|
| General Elections | Lok Sabha | Election Commission of India |
| State Assembly Elections | State Legislatures | Election Commission of India |
| Presidential Election | President | Election Commission of India |
| VP Election | Vice President | Election Commission of India |
| Panchayat Elections | Local bodies | State Election Commission |
| By-elections | Vacant seats | Election Commission of India |
Electoral Systems
| System | Used for |
|---|---|
| First-Past-the-Post (FPTP) | Lok Sabha and State Assembly elections (whoever gets most votes wins) |
| Proportional Representation (Single Transferable Vote) | Presidential, VP, Rajya Sabha, and State Legislative Council elections |
Important Constitutional Provisions Summary
| Article | Subject |
|---|---|
| Art. 79 | Parliament = President + Two Houses |
| Art. 80 | Rajya Sabha composition |
| Art. 81 | Lok Sabha composition |
| Art. 108 | Joint sitting of both Houses |
| Art. 109 | Money Bill procedure |
| Art. 110 | Definition of Money Bill |
| Art. 112 | Annual Financial Statement (Union Budget) |
| Art. 124 | Supreme Court establishment |
| Art. 214 | High Court establishment |
| Art. 226 | HC writ jurisdiction |
| Art. 324 | Election Commission |
| Art. 352 | National Emergency |
| Art. 356 | President’s Rule (State Emergency) |
| Art. 360 | Financial Emergency |
| Art. 368 | Amendment procedure |
Three Types of Emergency
| Type | Article | Declared when | Times declared |
|---|---|---|---|
| National Emergency | 352 | External aggression or armed rebellion | 3 times (1962 China war, 1971 Pakistan war, 1975 internal) |
| State Emergency (President’s Rule) | 356 | Constitutional machinery failure in a state | Many times |
| Financial Emergency | 360 | Financial stability of India threatened | Never declared |
PSC emergency facts:
- National Emergency declared 3 times: 1962 (China), 1971 (Pakistan), 1975 (internal — Indira Gandhi)
- Financial Emergency: Never declared in Indian history
- 1975 Emergency signed by: President Fakhruddin Ali Ahmed
- Art. 20 and 21 cannot be suspended even during Emergency (after 44th Amendment)
Quick Revision — 25 Parliament & Judiciary Facts
- Lok Sabha seats: 543
- Rajya Sabha max: 250
- Lok Sabha term: 5 years
- Rajya Sabha member term: 6 years
- Lok Sabha min age: 25
- Rajya Sabha min age: 30
- Lok Sabha Speaker: presides over LS
- Rajya Sabha Chairman: Vice President
- Money Bill: Lok Sabha only
- Joint Session presided by: Speaker
- SC judges: 34 (including CJI)
- SC retirement: 65 years
- HC retirement: 62 years
- First CJI: H.J. Kania
- SC writs: Art. 32 (FRs only)
- HC writs: Art. 226 (FRs + legal rights)
- Total High Courts: 25
- Kerala HC: Kochi
- First CEC: Sukumar Sen
- Voting age: 18 (61st Amendment)
- Emergency 1975: Art. 352
- President’s Rule: Art. 356
- Financial Emergency: Never declared
- Basic Structure Doctrine: Kesavananda Bharati (1973)
- Quorum: 1/10th of total membership
Notes based on NCERT Class 9 Democratic Politics, Laxmikanth’s Indian Polity, and Kerala PSC previous year patterns (2015-2024). Updated April 2026.
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