Political Science Notes Part 12: Parliamentary Forums, Groups, and Supreme Court for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 23: Parliamentary Forums and Parliamentary Groups

Introduction

Parliamentary Forums and Parliamentary Groups are specialized bodies within the Indian Parliament, complementing regular committees. They aim to enhance MP awareness, foster policy discussions, and promote international parliamentary cooperation. These bodies strengthen India’s democratic framework by facilitating informed legislation and global engagement.

Parliamentary Forums

• Meaning: Informal bodies created to promote understanding, focus on policy issues, build consensus, and engage MPs in specialized areas.
• Objectives:
  • Disseminate information to MPs on critical issues.
  • Facilitate in-depth discussions on specific problems.
  • Support policy formulation through informed debates.
  • Enhance parliamentary participation in key concerns.
• Important Parliamentary Forums:ForumEstablishedFocus AreaWater Conservation and Management2005Water management issuesYouth2006Youth employment, welfareChildren2006Child rights, educationPopulation and Public Health2006Health, family welfareGlobal Warming and Climate Change2008Climate change, sustainabilityDisaster Management2011Disaster risk reductionArtisans and Craftspeople2013Welfare of traditional artisans
• Composition:
  • Chairman: Lok Sabha Speaker (ex-officio) for all forums, except Population and Public Health (chaired by Deputy Speaker).
  • Members: MPs from Lok Sabha and Rajya Sabha, nominated by the Speaker and Chairman, respectively.
• Functions:
  • Organize seminars, workshops, and discussions.
  • Share research reports and best practices.
  • Guide legislation related to the forum’s focus.
  • Raise public awareness through MPs.

Parliamentary Groups

• Meaning: Associations of MPs focused on international cooperation, representing India’s Parliament globally, and fostering friendship with other nations’ parliaments.
• Main Parliamentary Groups:
  1. Indian Parliamentary Group (IPG):
     • Established: 1949.
     • Nature: Autonomous body within Parliament.
     • Membership: Open to all sitting and former MPs.
     • President: Lok Sabha Speaker (ex-officio).
     • Functions:
       • Hosts foreign parliamentary delegations.
       • Sends Indian delegations abroad.
       • Facilitates participation in international conferences like Inter-Parliamentary Union (IPU), Commonwealth Parliamentary Association (CPA), and Asian Parliamentary Assembly (APA).
  2. Inter-Parliamentary Union (IPU):
     • Established: 1889.
     • Purpose: Promotes world peace, democracy, and parliamentary dialogue.
     • India is an active member.
  3. Commonwealth Parliamentary Association (CPA):
     • Established: 1911.
     • Purpose: Fosters cooperation among Commonwealth parliaments (e.g., India, UK, Canada).
  4. India-Friendship Groups:
     • Informal groups promoting ties with specific countries (e.g., India-Japan, India-France Parliamentary Friendship Groups).

Importance

• Awareness Creation: Keeps MPs informed on issues like climate change and disaster management.
• Informed Policymaking: Enhances legislation through specialized knowledge.
• International Diplomacy: Boosts India’s soft power via parliamentary exchanges.
• Non-Partisan Dialogue: Encourages consensus across party lines.

Recent Developments

• Increased focus on Climate Change and Disaster Management Forums.
• Active Indian participation in IPU summits and CPA events.
• Water Conservation Forum supports campaigns like Jal Shakti Abhiyan.

Limitations

• Non-Binding: Recommendations lack legislative authority.
• Low Participation: Inconsistent MP attendance.
• Resource Constraints: Limited independent research support.

Way Forward

• Mandate MP attendance to enhance forum vibrancy.
• Involve experts and stakeholders regularly.
• Increase funding for research and operations.
• Strengthen India’s role in global parliamentary platforms.

Conclusion

Parliamentary Forums and Groups enrich India’s parliamentary system by equipping MPs with specialized knowledge, fostering public awareness, and promoting global cooperation. As the quote states, “An informed Parliament is the strongest foundation of democracy”, these bodies are vital for robust legislative and diplomatic engagement.

Chapter 24: Supreme Court — Organization, Jurisdiction, and Powers

Introduction

The Supreme Court of India is the highest judicial authority, safeguarding the Constitution, Fundamental Rights, rule of law, and separation of powers. Known as the “Guardian of the Constitution” and “Final Interpreter of Law”, it ensures constitutional compliance and justice delivery, playing a pivotal role in India’s democracy.

Constitutional Provisions

• Part V, Chapter IV (Articles 124–147): Governs the Supreme Court’s organization, powers, and functions.

Organization

• Composition:
  • Chief Justice of India (CJI): Head of the Supreme Court.
  • Other Judges: Up to 33 (total strength 34, including CJI, per 2019 Amendment).
• Appointment:
  • Judges: Appointed by the President after consultation with the CJI and other senior Supreme Court/High Court judges.
  • CJI: Traditionally the senior-most judge (by convention).
• Qualifications (Article 124(3)):
  • Citizen of India.
  • Must have been:
    • A High Court Judge for 5 years, or
    • A High Court Advocate for 10 years, or
    • A distinguished jurist (President’s opinion).
• Tenure:
  • Until age 65.
  • Can resign (to President) or be removed via impeachment.
• Removal (Impeachment):
  • Grounds: Proved misbehavior or incapacity.
  • Procedure:
    • Motion initiated with 100 Lok Sabha or 50 Rajya Sabha members’ signatures.
    • Investigated by a three-member committee (CJI + senior SC/HC judges).
    • Requires special majority in both Houses (majority of total membership + 2/3rd present and voting).
    • President removes the judge.
  • Note: No Supreme Court judge has been impeached to date.

Jurisdiction and Powers

1. Original Jurisdiction (Article 131):
   • Hears disputes directly involving:
     • Centre vs. State(s).
     • State vs. State(s).
   • Example: Centre-Delhi Government disputes over administrative powers.
2. Writ Jurisdiction (Article 32):
   • Protects Fundamental Rights by issuing writs:
     • Habeas Corpus: Release from illegal detention.
     • Mandamus: Directs public authority to perform duty.
     • Prohibition: Stops lower court from exceeding jurisdiction.
     • Certiorari: Transfers case to higher court.
     • Quo-Warranto: Challenges legality of public office holder.
   • Significance: Article 32 is a Fundamental Right, making the Supreme Court the “Guardian of Fundamental Rights”.
3. Appellate Jurisdiction:
   • Highest court of appeal for:
     • Constitutional cases: Involving substantial questions of law.
     • Civil cases: With High Court certification.
     • Criminal cases: Significant legal issues or death penalties.
   • Requires High Court certification for appeals.
4. Advisory Jurisdiction (Article 143):
   • President seeks Supreme Court’s opinion on legal or public matters.
   • Examples: Berubari Union (1960), Ayodhya dispute (reference withdrawn).
   • Note: Advice is non-binding.
5. Judicial Review:
   • Declares laws/executive actions unconstitutional if they violate the Constitution.
   • Key Cases:
     • Kesavananda Bharati (1973): Established Basic Structure Doctrine.
     • Golaknath (1967): Limited amendments to Fundamental Rights.
     • Minerva Mills (1980): Affirmed judicial review as part of Basic Structure.
6. Court of Record (Article 129):
   • Records judgments as legal evidence.
   • Can punish for contempt of court.
7. Other Powers:
   • Review its judgments (Article 137).
   • Transfer cases between High Courts.
   • Appoint ad hoc judges (Article 127).

Important Writs

Role in Indian Democracy

• Defends Fundamental Rights via writs and PILs.
• Protects Constitution through judicial review.
• Maintains Federal Balance in Centre-State disputes.
• Ensures Rule of Law across governance.
• Promotes Social Justice via Public Interest Litigations (PILs).

Key Concepts

• Public Interest Litigation (PIL):
  • Introduced in the 1980s.
  • Allows public-spirited citizens to file cases for public interest.
  • Relaxes locus standi (no personal interest required).
  • Key Cases:
    • MC Mehta: Environmental protection.
    • Vishaka (1997): Sexual harassment guidelines.
• Judicial Activism:
  • Proactive judicial intervention when executive/legislature fails.
  • Pros: Protects rights, fills governance gaps.
  • Cons: Risk of judicial overreach.
• Judicial Restraint:
  • Respecting legislative and executive domains.
  • Maintains separation of powers.

Comparison: Supreme Court vs. High Court

Recent Developments

• PIL Surge: Increased use for social reforms (e.g., environmental, gender issues).
• Judicial Overreach Debate: Balancing activism with restraint.
• Virtual Hearings: Adopted during COVID-19 for accessibility.
• Judge Strength: Increased to 34 (2019) to address case backlog.

Conclusion

The Supreme Court is the sentinel of democracy, safeguarding the Constitution, Fundamental Rights, and rule of law. Its role as the Guardian of the Constitution ensures justice and federal balance. As Dr. B.R. Ambedkar stated, “Where there is no judiciary independent and fearless, there can be no democracy”, underscoring the Supreme Court’s indispensable role in India’s republic.