Independence of Judiciary

Judicial independence ensures the judiciary operates free from undue influence or control by other branches of government or external forces, allowing judges to make impartial decisions based on law and facts. 

Definition:

Judicial independence means the judiciary, including individual judges and the court system as a whole, is free from external pressures or influences, particularly from the executive and legislative branches. 

Importance:

Upholding the Rule of Law: An independent judiciary is crucial for ensuring that laws are applied fairly and impartially, and that everyone is subject to the law, regardless of their position or power. 
Protecting Citizens' Rights: An independent judiciary can safeguard citizens' rights by acting as a check on the power of the government and other actors. 
Maintaining Public Trust: Public confidence in the justice system is essential, and this is undermined when the judiciary is perceived as being under the influence of other branches of government or external forces. 

Key Elements:

Judicial Security of Tenure: Judges should have secure tenure, meaning they cannot be removed from office for political reasons or for expressing unpopular opinions. 
Financial Autonomy: The judiciary should have control over its budget and resources, free from undue interference from the executive branch. 
Judicial Review: The power of judicial review, where the judiciary can review the constitutionality of laws and actions of other branches of government, is a key element of judicial independence. 
Impartiality: Judges must be impartial and free from bias or prejudice when making decisions. 
Freedom from External Pressure: Judges should be free from undue influence or pressure from any source, including the media, political parties, or powerful individuals. 

Examples of Threats to Judicial Independence:

1. Political interference in judicial appointments or transfers. 
2. Attempts to influence judicial decisions through intimidation or coercion. 
3. Restrictions on the judiciary's ability to exercise judicial review. 
4. Lack of financial resources or resources to carry out their duties. 

Case References

1. S.P. Gupta v. Union of India (1981) (The First Judges Case): 

• This case addressed the issue of judicial appointments and transfers, particularly the role of the executive in these processes. 
• The court ruled that the executive's power in these matters should be limited, and that the judiciary should have a significant say in its own composition. 
• It established that the independence of the judiciary is a fundamental aspect of the Constitution. 

2. Supreme Court Advocates-on-Record Association v. Union of India (1993) (The Second Judges Case):

• This case further solidified the judiciary's independence by emphasizing the need for a collegial system for judicial appointments. 
• The court held that the independence of the judiciary is necessary for democracy to function effectively. 
• It stressed that the judiciary should be free from external pressures or influences, particularly from the executive and legislature. 

3. The Third Judges Case (1998):

• The Supreme Court, in this case, reiterated the principles laid down in the Second Judges Case. 
• It further clarified the role of the Chief Justice of India in the appointment and transfer of judges. 

Delegated Legislation

Delegated Legislation

Meaning of Delegated Legislation: 

Legislature can delegate its power to legislation to any subordinate agency. Exercise of legislative power by such subordinate agency is known as delegated legislation.

This subordinate body acquires power from the act of the legislature. Power is transferred from the principal lawmaker to the lower body, which may be the executive, cabinet, council of minister, or a specific administrative agency, by the mechanism of delegation. Generally, delegation refers to the act of entrusting another authority or empowering another to act as an agent or representative.

Necessity of Delegated Legislation

Delegated legislation is necessary in administrative law to allow efficient and specialized implementation of laws by executive bodies, enabling swift action and addressing complex issues without overburdening the legislature. 

Efficiency and Specialization:

Delegated legislation allows the legislature to delegate law-making power to specialized bodies or agencies, like the executive, to address specific issues with expertise and speed. 

Flexibility and Adaptability:

It provides a mechanism for quick responses to evolving circumstances and allows for adjustments to laws without waiting for lengthy parliamentary processes. 

Addressing Complexity:

Complex issues often require detailed regulations that are best handled by experts within specific fields, which delegated legislation facilitates. 

Reducing Legislative Burden:

By delegating some law-making functions, the legislature can focus on broader policy issues and core legislative tasks, rather than getting bogged down in administrative details. 

Expertise and Local Knowledge:

Delegated legislation enables laws to be made by those with the necessary knowledge and experience, such as local authorities enacting regulations specific to their areas. 

Swift Action in Emergencies:

In crisis situations, delegated legislation allows for immediate action without the delay of parliamentary debates and procedures. 

Parliamentary Control over Delegated Legislation

Parliamentary control over delegated legislation ensures the executive doesn't abuse its power by scrutinizing the rules and regulations made under delegated authority, upholding the principles of responsible government and democratic accountability. 

Necessity of Parliamentary Control over Delegated Legislation

Preventing Abuse of Power:

Delegated legislation can be a powerful tool, and without proper oversight, the executive could potentially misuse its delegated authority. 

Maintaining Democratic Accountability:

Parliament, as the elected body, has a responsibility to ensure that the executive acts responsibly and within the bounds of the law. 

Upholding the Separation of Powers:

While the executive carries out the day-to-day functions of government, the legislature retains its ultimate authority to make laws, and this control helps to maintain the separation of powers. 

Mechanisms of Parliamentary Control:

Scrutiny Committees:

Parliament often establishes committees to scrutinize delegated legislation and ensure it is properly exercised. 

Debate on Enabling Acts:

Members of Parliament can debate the necessity, extent, and type of delegation when passing enabling Acts, providing an opportunity for broad oversight. 

Question Hour and Zero Hour:

These parliamentary sessions allow Members of Parliament to question the executive about delegated legislation and hold them accountable. 

Laying of Rules:

Some delegated legislation is required to be "laid" before Parliament, meaning it is formally presented for scrutiny and can be debated or rejected. 

Judicial Review:

Courts can review delegated legislation to ensure it is within the scope of the enabling Act and does not violate the Constitution. 

Public Participation:

Mechanisms for public consultation and participation in the development of delegated legislation can further enhance accountability and transparency. 

Judicial Control over Delegated Legislation,

Judicial control over delegated legislation, exercised through judicial review, ensures that executive authorities stay within the bounds of the enabling act and the constitution, preventing abuse of power and upholding the rule of law. 

Necessity of Judicial Control over Delegated Legislation

Preventing Abuse of Power:

Delegated legislation can be used to create rules and regulations that could potentially infringe upon fundamental rights or be arbitrary. 

Upholding the Rule of Law:

Judicial control ensures that delegated legislation remains within the scope of the enabling act and the constitution, preventing it from becoming an unchecked source of power. 

Judicial Review:

This is the process by which courts can examine the validity of delegated legislation and strike down any that is found to be ultra vires (beyond the scope of the enabling act or the constitution). 

How is Judicial Control Exercised?

Ultra Vires:

Courts can invalidate delegated legislation if it is found to be ultra vires, meaning it goes beyond the powers granted by the enabling act or violates the constitution. 

Substantive Ultra Vires:

This occurs when the delegated legislation is beyond the scope of the enabling act in terms of its subject matter or content. 

Procedural Ultra Vires:

This occurs when the delegated legislation is not made in accordance with the procedures outlined in the enabling act. 

Reasonableness:

Courts can also review delegated legislation for reasonableness, ensuring that it is not arbitrary or disproportionate. 

Fundamental Rights:

Delegated legislation cannot violate fundamental rights guaranteed by the constitution. 

Case References

In Re Delhi Laws Act:

The Supreme Court held that the enabling act was ultra vires because it permitted the executive to repeal existing laws, exceeding the constitutional limits. 

Raj Narain Singh v. Chairman, P.A. Committee:

The court reviewed the delegation of power to extend an existing act to a municipal area, ensuring that the delegation was within the permissible limits. 

Chandra Bhan's case:

The court held that the delegation of legislation must be reasonable and should not suffer from any unreasonableness. 

Parliament's Power and Procedure to Amend the Constitution under Article 368

 Parliament's Power to Amend:

Article 368 empowers Parliament to amend the Constitution by way of addition, variation, or repeal of any provision, following a specific procedure. This power is not absolute. The Supreme Court, in the landmark Kesavananda Bharati case (1973), established the "Basic Structure Doctrine," limiting Parliament's power to amend the Constitution to ensure that certain fundamental principles remain inviolable. 

Scope of Amendment:

Parliament can amend any part of the Constitution, including Fundamental Rights, but this power is not absolute. 

Procedure to Amend the Constitution:

The amendment process involves introducing a bill in either house of Parliament, passing it by a special majority (more than 50% of the total membership of the House and a majority of not less than two-thirds of the members present and voting), and then obtaining the President's assent. 

1. Initiation:

An amendment to the Constitution can only be initiated by introducing a bill in either house of Parliament (Lok Sabha or Rajya Sabha). 

2. Passage in Parliament:

Special Majority:

The bill must be passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting. 

Simple Majority:

Most parts of the Indian Constitution can be amended by a simple majority in Parliament. 

Federal Provisions:

Amendments affecting federal provisions (like the distribution of powers between the Union and the states) require a two-thirds majority in Parliament and ratification by at least half of the state legislatures. 

3. Presidential Assent:

Once the bill is passed by both houses of Parliament, it is sent to the President for assent.

The President is constitutionally bound to give assent to the bill. 

The Basic Structure Doctrine:

Origin:

The Kesavananda Bharati case (1973) established the "Basic Structure Doctrine," which limits Parliament's power to amend the Constitution. 

Meaning:

The doctrine states that Parliament cannot alter or destroy the fundamental or basic structure of the Constitution. 

Safeguard:

This doctrine acts as a safeguard against potential abuses of power by Parliament, ensuring that the core values and principles of the Constitution remain intact. 

Examples of Basic Features:

Judicial review, democracy, federalism, rule of law, separation of powers, and the secular character of the Constitution are some of the features considered part of the basic structure. 

3. Relevant Case Law:

Kesavananda Bharati v. State of Kerala (1973):

This landmark case established the Basic Structure Doctrine, limiting Parliament's power to amend the Constitution. 

Indira Nehru Gandhi v. Raj Narain (1975):

This case further solidified the Basic Structure Doctrine. 

Minerva Mills v. Union of India (1980):

This case reaffirmed the Basic Structure Doctrine and its importance in safeguarding the Constitution. 

Shankari Prasad Case (1951):

The Supreme Court ruled that Parliament's power to amend the Constitution, as per Article 368, has no limits.

Principle of Collective Responsibility

Principle of Collective Responsibility    

Article 75 of the Constitution of India says that the Council of Ministers is collectively responsible to the Lok Sabha. Which means all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. 

When the Lok Sabha passes a no-confidence motion against the council of ministers, all the ministers are liable to resign. 

The principle of collective responsibility also means that the Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet. 

For example, Dr. B.R. Ambedkar resigned because of his differences with his colleagues on the Hindu Code Bill in 1953.

Important Judgements related to Collective Responsibility?

Common Cause v Union of India  

The Supreme Court held that the principle of collective responsibility has two meanings. Firstly, that all the members of a government are unanimous in support of policy. Secondly, the ministers are responsible for the success and failures of the policies.

S.P. Anand v H.D. Deve Gowda  

The court held that the principle of collective responsibility means all the ministers are collectively responsible for every decision taken whether their assent is present or no. 

Money Bill

Money Bill

Article 110 of the Constitution of India constins details of Money Bill.

A money bill is a type of legislation that deals with financial matters like taxation, public debt, and public expenditure. In India, money bills are introduced in the Lok Sabha (lower house) and then sent to the Rajya Sabha (upper house). 

Key features of money bills

Money bills are related to the Consolidated Fund of India, which is the government's main fund. 

Money bills can be used to appropriate money from the Consolidated Fund of India. 

Money bills can be used to regulate borrowing of money or giving of guarantees by the state. 

Money bills can be used to amend laws related to financial obligations of the state. 

Procedures followed for passing Money Bills  

The procedure for passing a money bill in India is outlined in the Constitution and involves the Lok Sabha and the Rajya Sabha. 

Step 1 The President recommends that a money bill be introduced in the Lok Sabha.

Step 2 A minister introduces the bill in the Lok Sabha.

Step 3 The bill is debated, and members can suggest amendments.

Step 4 A vote is held to pass the bill.

Step 5 If the bill passes the Lok Sabha, it is sent to the Rajya Sabha for consideration.

Step 6 The Rajya Sabha must return the bill to the Lok Sabha within 14 days.

Step 7 The Lok Sabha may accept or reject the Rajya Sabha's recommendations.

Step 8 If the Lok Sabha accepts the recommendations, the bill is passed by both Houses.

Step 9 If the President receives the bill, he can give or withhold his assent. 

Money bills are government bills that deal with financial matters that are important to the country's administration. The Speaker of the Lok Sabha certifies a bill as a money bill. 

Examples of money bills 

The Aadhaar Act

The Finance Act, 2017

The Finance Act, 2018

Court of Records

Constitutional Provisions

Article 129 and Article 215 of the Constitution of India, 1950 confers the powers pertaining to be the Court of Record to the Supreme Court of India and High Courts as such, respectively.

This legal designation imparts special powers and privileges to these courts, empowering them to maintain records, punish for contempt, and ensure the preservation of judicial authority.

Definition

A court of record is a court that keeps a permanent record of its proceedings and acts. This record can be used as evidence, and the truth of the records cannot be questioned. 

Features of a court of record

1. Record keeping: All proceedings and acts are recorded for testimony and future reference. 

2. Legal precedents: The records are considered to be legal references and evidentiary matter. 

3. Punishment for contempt: The court can punish for contempt of court. 

4. Preservation of judicial authority: The court ensures the preservation of judicial authority. 

Procedure for maintaining the records

(a) A court clerk or court reporter records oral proceedings.

(b) Each civil and criminal record has a pre-fixed index of its contents.

(c) The index is in a prescribed form.

(d) The record includes abstracts of the case, evidence, and judgment.

(e) The pages are numbered.

Purpose of a court of record

The main purpose of keeping records is to make sure that precedents are followed. 

Special address by the President of India - Article 87

Article 87 of the Constitution of India provides for special address by the President.

(1) At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

Election Procedure for the President of India

 Election procedure for the President of India

Constitutional Provisions:

Article 54: Election of President

Article 55: Manner of election of President.

Article 56 :Term of office of President

Article 57: Eligibility for re-election.

Article 58: Qualifications for election as President

Procedure

The Indian President is elected through an electoral college system, wherein the votes are cast by MPs of Rajya sabha and lok sabha and all MLAs of all state assemblies.

The elections are conducted by the Election Commission of India.

Qualifications for Election as the President of India

 Qualifications for Election as President of India

Article 58(1) of the Constitution of India states the the person must 

(a) be a citizen of India,

(b) have completed the age of thirty-five years, and

(c) be qualified for election as a member of the House of the People.

As per Article 58(2) the person should not hold any office of profit in the central or state government.

Procedure for Removal of Supreme Court Judge in India

Q. Write conditions for removal of a Supreme Court Judge. [4 marks - 2023]

Q. What conditions are prescribed under Indian Constitution for removal of a Judge of Supreme Court of India?(4 marks - 2019]

Q. Write down the conditions for removal of Judge of Supreme Court. [4 marks - 2018]

Condition and Procedure for removal of a Supreme Court Judge in India

Article 124(4) of the Constitution of India provides that a Supreme Court judge can be removed on two conditions:

1. Proven misbehavior or 

2.Iincapacity. 

Procedure for removal involves:

(a) A committee considers the judge's conduct. 

(b) If the committee finds the judge guilty, both houses of Parliament pass a motion to remove the judge 

(iii) An address is presented to the President for the removal of the judge 

(iv) The President issues an order removing the judge 

National Income

National Income

National income of a country is the sum total of all goods and services produced in the country during a year. National income is used to measure the economic status of the country and to analyze its economic growth. 

Methods of calculation of National Income

Income Method

In the Income method, total incomes of all individuals in an economy are considered to calculate the national income. Individuals earn incomes by contributing their own services and the services of their property such as land and capital to the national production.

National Income (NI) = Employee compensation + Corporate profits + Proprietors’ Income + Rental income + Net Interest

Product or Value Added Method

Also known as “Output Method”.

In the Output Method, national income is computed by adding the values of output produced or services rendered by the different sectors of the economy during the year. It is to be noted that while computing the values of output figures, only the value added by each firm in the production process is taken into account. Thus, this method makes use of the concept of Value-added.

Expenditure Method

It is also called ‘Total Outlay Method’.

This method assumes that the income earned by an individual is either spent on consumer goods/services or saved and invested.

National Income (NI) = Personal Consumption Expenditure (C) + Investments (I) + Government Expenditure (G) + Exports (X) – Imports (I)

Small Scale Industries : Definition, Characteristics, Roles, Problems

Q. What is the importance of small scale industries in Indian economy? What are the problems of small scale industries in India? [CCSU BA-LLB 1st Semester 2020 - 20 marks]

Q. Distinguish between cottage and small scale industries. Discuss the role of village and small scale industries in the rural economy of India. [CCSU BA-LLB 1st Semester 2021 - 20 marks]

Q. What are the main problems of small scale industries in India? [CCSU BA-LLB 1st Semester 2022 - 10 marks]

Q. Differentiate between small scale and cottage industries. [CCSU BA-LLB 1st Semester 2019 - 4 marks]

Q. What are small scale industries? [CCSU BA-LLB 1st Semester 2023 - 4 marks]

Small Scale Industries

Definition

Small scale industries are the industries engaged in manufacturing, production and services in a small scale. Usually the investment is not more than 1 crore. The small scale industries are generally run by sole proprietor or partners investing less on the plant and machinery are more labor intensive. These kind of industries are the lifeline of developing economies like India where there is an abundance of both skilled and unskilled labor.

Characteristics of Small Scale Industries

Ownership: Generally it is a sole proprietorship. Sometimes a partnership.

Management: Managed and controlled by the ownership. 

Limited area of Operation: Small scale industries have a restricted area of operations to meet local and regional demand.

Labor Intensive: Investment being limited in plant and machineries, the small scale industries are labor intensive. Which is very much suitable for Indian economy.

Flexibility: Have a greater flexibility in the operations and can easily adopt to the changing socio-economic environments.

Main Problems of Small Scale Industries

Major problems faced by the Small-scale industries are:

Finance: Small Scale Industries often face a shortage of funds and inadequate credit facilities. 

Raw materials: Small Scale Industries have limited access to raw materials of the right quality and quantity, or they may not be supplied regularly. 

Technology: Because of minimum investment, small scale industries may use outdated technology, which can lead to low productivity and uneconomical production. 

Infrastructure: Small Scale Industries lack adequate infrastructure, such as poor roads, water and drainage problems, and lack of power supply. 

Competition: Small Scale Industries face competition from large-scale industries and imported goods. 

Role of Village and Small Scale Industries in the Rural Economy in India

1. Play a vital role in generating employment for the semi-skilled and unskilled manpower in the rural areas.

2. Small scale industries have a very important contributor to the economy. Almost 40% of the total goods and services in the country.

3. Small scale industries promotes the Make in India initiative, thus creating a market for Indian made products.

4. The small scale industries are the major providers for the export oriented industries in the country.

Difference between Small Scale and Cottage Industries

Main points of difference between cottage industries and small-scale industries: 

Location

Cottage industries are usually located in homes or cottages in rural areas, while small-scale industries are typically located in urban or semi-urban areas. 

Labor

Cottage industries are usually run by family members, while small-scale industries often employ hired workers. 

Production

Cottage industries typically use traditional tools and produce traditional goods by hand, while small-scale industries use mechanized equipment and produce goods for a wider audience. 

Investment

Cottage industries typically invest a small amount of capital, while small-scale industries typically invest a larger amount of capital. 

Products

Cottage industries typically produce goods for local needs, while small-scale industries produce goods for a wider audience

Mixed Economy

Mixed Economy - Definition

A mixed economy is a kind of economic system that combines features of both capitalism and socialism. In a mixed economic system both private and government business entities coexist.

Mixed economies can emerge when a government intervenes in free markets, or when a socialist government makes exceptions to state ownership. India is an example of a mixed economy, with a combination of central economic planning, free market practices, and price mechanisms. However, India's mixed economy faces challenges such as poverty, unemployment, and pollution.

Reference questions:

What is the meaning of Mixed Economy? [CCSU BA LLB 1st Sem 2019 - 4 marks]

Define Mixed Economy. [CCSU BA LLB 1st Sem 2023 - 4 marks]