🔰 Legislative Powers of the President 🔰

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🔋 Constitutional Basis

Articles 85, 111, 123, 352 etc.

The President, though part of the Executive, is also an integral part of Parliament (Art. 79).

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1️⃣ Power to Summon, Prorogue and Dissolve Parliament

Summons each session of Parliament (Art. 85).

Can prorogue (end) a session.

Can dissolve the Lok Sabha on the advice of the Prime Minister.

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2️⃣ Addressing Parliament

Addresses both Houses at the beginning of the first session after every general election and at the first session of each year (Art. 87).

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3️⃣ Nomination of Members

Can nominate 12 members to Rajya Sabha (eminent persons in art, literature, science, social service).

Can nominate 2 members of Anglo-Indian community to Lok Sabha (Art. 331) – provision abolished by 104th Constitutional Amendment, 2019.

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4️⃣ Assent to Bills

A bill becomes law only after the President’s assent (Art. 111).

🔦 Options:

🔅 Give assent.

🔅 Withhold assent.

🔅 Return the bill (if not a Money Bill) for reconsideration.

If repassed, he must give assent.

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5️⃣ Money Bills

Can be introduced in Lok Sabha only with President’s recommendation (Art. 110, 117).

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6️⃣ Ordinance-Making Power (Art. 123)

Can promulgate ordinances when Parliament is not in session.

Ordinances have the same force as laws of Parliament, but must be approved within 6 weeks of reassembly.

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7️⃣ Other Powers

Lays reports like CAG, Finance Commission, UPSC before Parliament.

Prior sanction required before introducing certain bills (e.g., bills involving expenditure from Consolidated Fund).

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🔋 Conclusion

The President’s legislative powers ensure that he functions as an integral link between the Executive and Legislature, with significant influence through summoning, assent, ordinance-making and recommendation powers.

📌 Exam Tip: Always remember – Art. 85 (sessions), Art. 87 (address), Art. 111 (assent), Art. 123 (ordinances).

🔰 The Union Judiciary 🔰

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💡 Constitutional Basis

Part V, Chapter IV (Articles 124–147) of the Indian Constitution.

Deals with the Supreme Court of India – the highest judicial authority.

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1️⃣ Composition of the Supreme Court (Art. 124)

Comprises the Chief Justice of India (CJI) and other judges.

Number of judges determined by Parliament (currently 34 including CJI).

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2️⃣ Appointment of Judges

Appointed by the President.

Consultation process (Collegium system): CJI + 4 senior-most judges recommend appointments/transfers.

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💡 Qualifications:

🔹 Citizen of India, and

🔹 Judge of a High Court for at least 5 years, or

🔹 Advocate in a High Court for at least 10 years, or

🔹 Distinguished jurist (in President’s opinion).

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3️⃣ Tenure & Removal

Hold office till 65 years of age.

Can resign by writing to the President.

Can be removed by the President on grounds of proved misbehavior or incapacity through impeachment process (Art. 124(4)) – requires special majority in both Houses of Parliament.

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4️⃣ Jurisdiction and Powers

Original Jurisdiction (Art. 131) – Disputes between:

Centre and States, or

States inter se.

⚫️ Writ Jurisdiction (Art. 32) – For enforcement of Fundamental Rights.

⚫️ Appellate Jurisdiction (Arts. 132–134) – Appeals in constitutional, civil and criminal cases.

⚫️ Advisory Jurisdiction (Art. 143) – President may seek opinion of the Supreme Court.

⚫️ Judicial Review – Can declare laws unconstitutional if violative of Constitution.

⚫️ Court of Record (Art. 129) – Judgments act as precedents; has power to punish for contempt.

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5️⃣ Independence of Judiciary

Security of tenure.

Salaries and allowances charged on Consolidated Fund of India.

Removal only by special procedure.

Freedom to decide cases without executive interference.

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6️⃣ Important Case Laws

🔸 Kesavananda Bharati v. State of Kerala (1973): Established Basic Structure Doctrine.

🔸 S.P. Gupta v. Union of India (1981): First Judges case.

🔸 Supreme Court Advocates-on-Record Association v. Union of India (1993): Second Judges case – Collegium system established.

🔸 NJAC Judgment (2015): Struck down NJAC Act, upheld Collegium.

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💡 Conclusion

The Union Judiciary, through the Supreme Court, acts as the guardian of the Constitution, protector of Fundamental Rights, and the final interpreter of law, ensuring the rule of law and judicial independence in India.

📌 Exam Tip: Always write – Articles 124–147, jurisdiction types, writ power under Art. 32, and Kesavananda Bharati (1973).

🔰 Establishment and Constitution of the Supreme Court 🔰

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1️⃣ Constitutional Basis

Part V, Chapter IV of the Constitution (Articles 124–147).

The Supreme Court of India is the apex court of the country.

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2️⃣ Establishment

Came into existence on 26th January 1950 (the day the Constitution commenced).

Replaced the Federal Court of India (1937–1950) and the Judicial Committee of the Privy Council (highest court during British rule).

Located at New Delhi.

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3️⃣ Composition (Art. 124)

Consists of:

Chief Justice of India (CJI), and

Other judges (the number fixed by Parliament).

At present (2025), the sanctioned strength is 34 judges (including the CJI).

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4️⃣ Appointment of Judges

Appointed by the President of India.

On recommendation of the Collegium (CJI + 4 senior-most judges).

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5️⃣ Qualifications of Judges (Art. 124(3))

A person is qualified if he/she:

🔹 Is a citizen of India, and

🔹 Has been a judge of a High Court for at least 5 years, or

🔹 Has been an advocate of a High Court for at least 10 years, or

🔹 Is a distinguished jurist (in the opinion of the President).

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6️⃣ Tenure of Judges

Till the age of 65 years.

Can resign by writing to the President.

Can be removed by the President on grounds of proved misbehavior or incapacity through impeachment (Art. 124(4)).

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7️⃣ Seat of the Supreme Court (Art. 130)

Permanent seat: Delhi.

The Chief Justice of India, with President’s approval, can hold sittings at other places.

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🟣 Conclusion

The Supreme Court, established under Art. 124 in 1950, is the guardian of the Constitution and the final court of appeal, ensuring the unity, integrity and supremacy of the Constitution and law in India.

📌 Exam Tip: Always write –

Art. 124 → Establishment & composition

26th Jan 1950 → Established

Strength = 34 judges (incl. CJI)

Seat = Delhi (Art. 130)

🔰 Appointment of Acting Chief Justice 🔰

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🕯 Constitutional Provision

Article 126, Indian Constitution.

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1️⃣ Circumstances of Appointment

When the office of the Chief Justice of India (CJI) is:

Vacant, or

The CJI is temporarily absent, or

The CJI is unable to perform duties.

In such situations, the President of India can appoint one of the judges of the Supreme Court to act as the Chief Justice.

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2️⃣ Tenure

The judge so appointed acts as Chief Justice until a permanent CJI resumes office or is appointed.

It is a temporary arrangement.

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3️⃣ Significance

Ensures continuity of judicial functioning of the Supreme Court.

Prevents any disruption in the discharge of constitutional duties of the Chief Justice.

🕯 Example

When CJI Ranjan Gogoi retired in Nov 2019, Justice Sharad Arvind Bobde was appointed as the next CJI. In the interim period before new CJI assumes office, an Acting CJI may be appointed if required.

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✅ Exam Tip: Just remember – Art. 126 → President appoints an Acting CJI in case of vacancy, absence or inability of the CJI.

🔰 Appointment of Ad hoc Judges 🔰

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🪔 Constitutional Provision

Article 127, Indian Constitution.

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1️⃣ Circumstances of Appointment

If at any time the quorum of Judges of the Supreme Court is not available to hold or continue its sittings,

The Chief Justice of India (CJI) may, with the previous consent of the President and after consultation with the Chief Justice of the concerned High Court, request a High Court judge (duly qualified for appointment as a SC judge) to sit and act as an ad hoc judge of the Supreme Court.

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2️⃣ Tenure

The judge so appointed serves for such period as requested by the CJI.

He performs the duties of a Supreme Court judge during that period.

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3️⃣ Powers and Privileges

An ad hoc judge has all the jurisdiction, powers, privileges and immunities of a Supreme Court judge.

They are considered at par with permanent judges of the Supreme Court during their term.

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4️⃣ Significance

Helps in reducing the burden of pendency of cases.

Ensures smooth functioning of the Supreme Court when the number of permanent judges is insufficient.

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✅ Exam Tip: Always write – Art. 127 → Ad hoc judges, appointed by CJI (with President’s consent & consultation with HC Chief Justice).

🔰 Attendance of Retired Judges 🔰

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🌐 Constitutional Provision

Article 128, Indian Constitution

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1️⃣ Power of the Chief Justice of India (CJI)

The CJI may, with the prior consent of the President,

Request a retired Judge of the Supreme Court or a retired Judge of a High Court (qualified for appointment as SC judge)

To sit and act as a Judge of the Supreme Court.

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2️⃣ Conditions

The retired Judge must give consent to such a request.

They act as temporary judges to help manage workload.

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3️⃣ Powers and Jurisdiction

While attending the sittings of the Supreme Court, they exercise all the jurisdiction, powers, privileges and immunities of a Supreme Court Judge.

However, they are not deemed to be a permanent Judge of the Supreme Court.

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4️⃣ Purpose

To ensure smooth disposal of cases when additional judicial strength is required.

Helps in reducing pendency.

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✅ Exam Tip:

Art. 127 → Ad hoc Judges (HC Judges temporarily appointed)

Art. 128 → Retired Judges can be requested to sit in SC

🔰 Supreme Court as a Court of Record 🔰

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🎁 Constitutional Provision

Article 129, Indian Constitution

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1️⃣ Definition

A Court of Record means:

Its records, judgments and proceedings are of evidentiary value and cannot be questioned in any court.

It has the power to punish for contempt of court (civil or criminal).

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2️⃣ Powers of Supreme Court as Court of Record

Authoritative Records: All judgments, proceedings and acts are recognized as valid legal precedents.

Precedent Value: Binding on all courts within India under Article 141.

Contempt Jurisdiction: Supreme Court can punish any person or authority for contempt to maintain its dignity and authority.

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3️⃣ Importance

Ensures uniformity and certainty of law.

Safeguards independence of the judiciary.

Preserves the authority of the Supreme Court over all other courts.

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✅ Exam Tip:

Article 129 → SC a Court of Record

Article 215 → HCs are Courts of Record

🔰 Original Jurisdiction of the Supreme Court 🔰

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🗝 Constitutional Provision

Article 131, Indian Constitution

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1️⃣ Meaning

Original jurisdiction means the power of the Supreme Court to hear a case first, directly, instead of by way of appeal.

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2️⃣ Scope under Article 131

The Supreme Court has exclusive original jurisdiction in disputes involving:

➡️ Government of India vs. one or more States

➡️ One State vs. another State

➡️ Government of India and one or more States on one side vs. one or more States on the other side

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3️⃣ Conditions

The dispute must involve a question of law or fact of legal right.

It should concern the Union and States or between States inter se.

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4️⃣ Exclusions (Where Article 131 does NOT apply)

Disputes arising out of treaties, agreements or covenants (Art. 363).

Matters referred to Finance Commission.

Ordinary suits between citizens and the Government (these go to High Courts first).

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5️⃣ Importance

Ensures federal balance between the Union and States.

Acts as the guardian of the federal structure of India.

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✅ Exam Tip:

Art. 131 → Original Jurisdiction

Art. 32 → Original jurisdiction for Fundamental Rights enforcement (writs).

🔰 Special Leave to Appeal (SLP) – Supreme Court of India 🔰

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🔔 Constitutional Provision:

Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal against any judgment, decree, sentence or order of any court or tribunal in India.

It is discretionary and extraordinary, not a matter of right.

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🔔 Scope:

Can be invoked in civil or criminal matters.

Provides a remedy even when no statutory appeal exists.

Ensures correction of gross miscarriage of justice or violation of fundamental rights.

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🔔 Conditions for Granting SLP:

Substantial question of law of general importance.

Gross miscarriage of justice or patent error in judgment.

Violation of fundamental rights.

Conflicting decisions of High Courts.

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🔔 Procedure:

Filed by petition, usually within 90 days of the impugned order.

Supreme Court may grant stay of operation during pendency.

Heard by a Bench of 2 or more judges.

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🔔 Key Features:

🔘 Discretionary: Court may refuse even if there is an error.

🔘 Extraordinary jurisdiction: Beyond ordinary appeals.

🔘 Wide applicability: Against any court or tribunal in India.

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🔔 Purpose:

To ensure justice in exceptional cases where other remedies are inadequate.

🔔 Example Cases:

Bachan Singh v. State of Punjab (1980) – Death penalty case.

K.K. Verma v. Union of India (1965) – Administrative decisions.