Thursday, 26 May 2016

Source:: CivilsDially:: Prelims Tit- Bits- Polity Part-2

Polity Tit-bits
High Court
  • High court judges are appointed and removed by president not the governor
  • salary is charged on consolidated fund of states while pension on CFI
  • Writ jurisdiction under article 226 is wider than that of supreme court’s under article 32
  • There are 24 high courts in India
Discuss– logic behind these provisions and name the high courts which have jurisdiction over more than 1 state or UT
Supreme court
  • A distinguished jurist can be appointed to supreme court but not high court
  • Only parliament not president can increase the number of judges
  • A person can directly approach supreme court under art 32
  • President can seek advice under article 143, supreme court not bound to advise, president not bound to accept the advise
Discuss– Under what conditions, supreme court is duty bound to tender the advise to president?

1. Emergency provisions

  • Taken from Wiemar constitution
  • A national emergency(art 352) can be proclaimed due to war, external aggression or armed rebellion not on the ground of internal disturbance)
  • though the proclamation of national emergence requires the approval of both the houses (special majority), lok sabha’s approval( simple majority) alone suffices for revocation
  • president can unilaterally revoke the proclamation of national emergency without the parliament’s approval
Discuss-  differences b/w article 358 and 359 related to emergency

2. Interim budget and vote on account

  • Vote on account is a statement of only expenditures while the interim budget is a complete set of accounts, including both expenditure and receipts <think of it as mini budget>
  • Vote on account is passed every year before appropriation bill is passed <generally for 2 months >
  • Interim budget is passed during election years
  • Interim budget also contains vote on accounts <before appropriation bill of interim budget is passed>
Discuss– everything clear?? Any confusions??

3. Primacy of LS over RS

  • Money bill- introduced only in LS, RS can only suggest amendments that too w/i 14 days
  • A resolution for the discontinuation of national emergency can be passed only by LS by simple majority.
  • Adjournment motion and no confidence motion can be passed only in LS.
  • Estimates committee draws members solely from LS. It has 30 members, largest committee of parliament.
  • Speaker and in the absence of speaker, deputy speaker presides over joint sitting
Discuss-any other instance of primacy of LS over RS

4. Money bill v/s financial bill

  • Money bill (art 110)  provisions related to only taxations, borrowings, expenditure etc i.e money matters only
  • Financial bill type A- money provisions plus other general provisions
  • Financial bill type B- expenditure from consolidated fund plus other provisions
  • Money bill can be introduced only on recommendation of president, in the LS and only by a minister (not by pvt member). RS can only suggest amendments that too w/in 14 days thus no scope of joint sitting, President can not resend the bill to the house <though he is not bound to give his consent>. Speaker certifies the bill as money bill and certification is final
  • Financial bill type A- just like money bill till introduction, after introduction, it’s ordinary bill i.e RS has to pass the bill and can reject it
  • Financial bill Type B- totally ordinary bill just that president recommends consideration of bill by both the houses <as it involves expenditure from CFI>
Note 1– All financial bills are not money bills but vice versa is true
Note 2- Finance bill and financial bills are not one and the same. What’s the difference?

5. Rajya Sabha

  • RS chairperson is not member of RS <VP >
  • Deputy chairperson is member of RS
  • In joint sittings when both speaker and deputy speaker are absent, deputy chairperson presides the sessions not chairperson
  • Term of RS is not 6 years <it’s infinite>
  • Term of a member of RS is 6 years while that of chairperson RS 5 years

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