UNIVERSITY ROLL NO.

:
L02/LLB/191275

REGISTRATION NO. :
L02-1214-0070-19

NAME OF EXAMINATION : 5 YEAR

B.A. LL.B/ External Examination/
SEMESTER -V

NAME OF SUBJECT & PAPER

NO. : CONSTITUTIONAL LAW-II; PAPER III

DATE OF EXAMINATION: 19th

January, 2022
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ANSWER

1. (a) Discuss the powers and functions of the President

of India.
Answer: The President of India is both the head of state and
the country's first citizen. He is a part of the Union Executive,
provisions of which are dealt with in Article 52-78 including
articles related to the President (Article 52-62). All the
executive functions of the Union are carried on in the name of
the President. But in this regard, it is to be noted that as per
Article 74 the President shall act on the advice of his Council
of Ministers.

Powers And Functions Of The President -

Constitutional Provisions
The executive power of the union, Article 53 states, shall be
vested in the President and it shall be exercised by him either
directly or through officers subordinate to him, but always in
accordance with the Constitution.
The expression executive power is nowhere defined in the
constitution. Ordinarily, it connotes the procedure of the
Governmental function that remains after legislative and
judicial functions are taken away.
Broadly speaking “executive function” comprises both
determinations of policy as well as carrying it into execution.
The executive power may, therefore, be shortly defined as the
power of carrying on the administration of the affairs to the

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State, expecting functions which are vested by the
Constitution in the legislature and judiciary.

Administrative Powers
The President can make rules specifying the manner in which
the orders and the other instruments which are made and
executed in his name shall be authenticated.
The President appoints:
● The Prime Minister and other Ministers.
● The Attorney-General of India determines his
remuneration.
● The Governors of the States.
● Comptroller and Auditor General of India, Chief Election
Commissioner and other Election Commissioners,
Chairman and members of the Union Public Service
Commission, and Finance Commission of India chairman
and members Judges of High Courts and Supreme
Court.
● National Commissions of Scheduled Castes, Scheduled
Tribes, Other Backward Classes as well as a commission
to report on the administration of the Scheduled Areas, a
commission on official Language and Special officer for
Linguistic minorities.
He can declare any area as a scheduled area and has powers
with respect to the administration of scheduled areas and
tribal areas.
He appoints an inter-state council to center-state and
inter-state cooperation.

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The President shall also have the power to remove:
● His Ministers, individually.
● Attorney-General of India.
● The Governors of the States.
The Chairman or a Member of the Public Service Commission
of the Union or of a State, on the report of the Supreme Court.
A judge of the Supreme Court or of the High Court or the
Chief Election Commissioner or the Comptroller-General of
India on an address of Parliament.

Legislative Powers
The President is an integral part of the Parliament, and enjoys
the following legislative powers.
The President summons the House of Parliament at least
twice a year or prorogues either House of Parliament and
dissolves the Lok Sabha. He may summon both the Houses
to meet in a joint sitting for debating or voting on a bill in case
of deadlock.
He may address either house separately or both Houses
jointly. At the commencement of the first session after every
general election, the President delivers an address.
He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall
vacant.
He nominated 12 members of the Rajya Sabha and two
members to the Lok Sabha from the Anglo-Indian Community.
However, in January 2020 the Anglo-Indian reserved seat in

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the Parliament and State Legislature of India was abolished
by the 104th Constitutional Amendment Act, 2019.
Every Bill passed by the Parliament must receive the
President’s assent before it can become an Act. The
President may give his assent or withhold his assent or return
it for reconsideration by Parliament with his own suggestion, a
Bill other than a Money or Constitutional Amendment Bill.
Parliament may accept his suggestion or reject it but if it is
again sent for the President's assent now the President has to
give his assent.
The President makes certain reports and statements to be
laid before the Parliament.
The Annual Financial Statement and the Supplementary
Statement.
The report of Comptroller and Auditor General relating to the
accounts of the Government of India.
Recommendation made by the Finance Commission.
Report of the Union Public Service Commission, explaining
the reasons where any advice of the Commission has not
been accepted.
The report of National Commissions of Scheduled Castes and
Scheduled Tribes.
The report of a Special officer for Linguistic minorities.
The report of the commission on the backward classes.

Certain Bills need a prior permission of the President before

introduction in the Parliament.

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● Bill that seeks to alter the boundaries of the states and
names of the states.
● Money Bill.
● Finance Bill.
● A Bill involving taxation or distribution of financial
resources to the States.
● A Bill that seeks to restrict freedom of trade.

Veto Powers
Powers And Functions Of The President - Veto Powers
When a Bill is passed by both the Houses of the Parliament, it
is presented to the President to seek his assent. It cannot
become an Act of Parliament until it receives the assent of the
President. Under Article 111, the President has three options
before him:

● He may give his assent to the bill in which case it

immediately becomes an act;
● He may withhold his assent to the bill; or
● He may, in case of the bills other than money bills, return
the bill for reconsideration of the House.
● The power of withholding a bill sent for assent of the
President is called a veto power of the President.
Different kinds of veto power have been provided to the
President of India by the Constitution of India which are
in the form of Absolute, Suspensive and Pocket veto.

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Ordinance Making Power

The President's power to issue ordinances is covered in
Article 123. This is one of the several legislative authorities
that the President enjoys. On the recommendation of the
union cabinet, he issues an ordinance.

Emergency Powers
The President exercises certain extraordinary power to deal
with an emergency situation which are as follows:

● National Emergency (Article 352).

● President Rule (Article 356).
● Financial Emergency (Article 360).

Financial Powers

He has control over the Contingency Fund of India to meet

unforeseen expenses like flood, drought, war etc.

His prior recommendation is a must in the introduction of the

money bill and financial bill in the Parliament.

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His recommendation is a prerequisite to make a demand for
grants.
The President of India constitutes the Finance Commission
after every five years.
He also places before the Parliament the report of Comptroller
and Auditor General relating to the accounts of the
Government of India and recommendations made by the
Finance Commission.

Diplomatic Powers

International Treaties and agreements that are approved by

the Parliament are negotiated and concluded in the name of
the President.

He is the representative of India in international forums and

affairs.
He sends and receives ambassadors and other diplomatic
representatives.
Military Powers
Powers And Functions Of The President - Military Powers
He is the Supreme Commander of the Armed Forces.
He has the power to declare war and peace but his military
power is subject to the regulation of law.
He appoints Chief of the Army, Chief of the Navy and Chief of
the Air Force.

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Discretionary Powers
Although the Constitution after the 42nd Amendment Act
made it mandatory or obligatory for the President to act on the
advice of the Council of Ministers, even then, the practice of
parliamentary governance created some circumstances when
the President had to act as per his own wisdom, sense of
justice and discretion.
When no single party has a majority in the election of Lok
Sabha or due to the sudden death of the incumbent Prime
Minister then the President can use his discretion to appoint
the Prime Minister.
Dissolution of Lok Sabha on the advice of Council of Ministers
which has lost majority in Lok Sabha or against whom a vote
of no-confidence may have been passed.
Under Article 74 he can send an advice of the Council of
Ministers at his discretion back to it for its reconsideration.
Under Article 78, he enjoys the right to be informed about the
affairs of the State by the Prime Minister.
He applies suspensive and pocket veto at his discretion.
The President is faced with these kinds of situations more
often from 1990 onwards with the emergence of coalition
governments and minority governments.
Judicial Powers

Judicial Powers

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The President has the power to appoint the Judges of the
Supreme Court and High Courts. Under the Judicial powers,
the President has what is called pardoning power. The power
of granting pardon to persons, who have been tried and
convicted of any offence.
Where the punishment or sentence is by a court-martial.
Where the punishment is for an offence against Union law.
In all cases where a person is sentenced to death.
The pardoning power to exercise on the aid and advice of the
Council of Ministers. There are no specific guidelines to the
President on the exercise of his pardoning powers.

Conclusion
The position of President is extremely significant, as the roles
are critical to maintaining the nation's political unity and
ensuring constitutional powers. The President cannot exercise
his executive power without aid and advice from the Council
of Ministers. However, the Office's significance is significantly
larger than that, and it cannot be compared to that of any
other high office or function.

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(b) Write a note on the procedure for the impeachment of

the President of India.
Answer: The word impeachment as the oxford law dictionary explains is the
act of charging an important public figure with serious crime or the action of
calling into question the integrity or validated of something, similarly when
the constitution of India talks about impeachment of the president under
article 61 it refers to the act of violation of the constitution and on these
core aspect the president of India is Impeached.

Article 52-62 of the constitution of India deal with the President’s elections,
manner of elections, power, qualification of president, term in the office, the
procedure of impeachment and re-elections.

The procedure of impeachment of President under article 61 of the

constitution of India defines how can a president be impeached and the
procedure to be followed for the impeachment.

Article 61 of the constitution of India states-

(1) When a President is to be impeached for violation of the Constitution,

the charge shall be preferred by either House of Parliament

(2) No such charge shall be preferred unless

(a) the proposal to prefer such charge is contained in a resolution which

has been moved after at least fourteen days notice in writing signed by not
less than one fourth of the total number of members of the House has been
given of their intention to move the resolution, and

(b) such resolution has been passed by a majority of not less than two
thirds of the total membership of the House

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(3) When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented as such investigation

(4) If as a result of the investigation a resolution is passed by a majority of

not less than two thirds of the total membership of the House by which the
charge was investigated or cause to be investigated, declaring that the
charge preferred against the President has been sustained, such resolution
shall have the effect of removing the President from his office as from the
date on which the resolution is so passed.

Further in simple words we can say that,

The process of impeachment is strenuous as well as lengthy. The President

can be impeached for the violation of the constitution and either house of
the parliament (Lok Sabha or Rajya Sabha) can initiate the process for
impeachment.
Once the charges are set by either house of parliament a notice is formed
and signed with majority i.e. quarter of the total members of that house and
then the notice is forwarded to the President and taken up for consideration
after 14 days.
The process of impeachment is a quasi-judicial, which means that there
must be special majority of two-thirds members present and voting of both
the houses and before this an investigation is set up by the other party.
The president till then has a right to defend himself for the charges but if
the investigating house approves with the special majority and with the
originating house for the charges then the president stands impeached and
the president is said to vacate the office from the date of resolution has
passed.
The Supreme Court can inquire the elections of President as per the article
71(1) of the constitution of India. The Supreme Court can remove the
President for either electoral misconduct or being ineligible for Lok Sabha
member as mentioned in the Representation of the People Act, 1951.

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The question which arises here is that does all those members of i.e. lok
sabha, Rajya sabha and state legislative assemblies are included in the
process of impeachment of the President of India. The answers here is that
who are the in process of election are not the part in the impeachment
process thus, NCT of Delhi and the Union Territory of Puducherry are not
the part of impeachment procedure as they both are directly controlled by
the central government. Though they both are the part in the election of the
President of India.

The office of the President is vacant in the following cases –

● Expiry of the term i.e. 5 years

● On the death
● Resignation
● Removal by the Supreme court
● On Impeachment

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2. (a) Discuss the Constitutional position of the Governor of a

State.
Answer: In India, the federal structure of the Government can be seen.
There is a division of powers between the Centre and the States. This
division has led to the creation of the three branches or organs of the
Government to be present at both the levels, therefore, the
Legislature, Executive as well as Judiciary exist both at the Central as
well as State Level.

Of all these organs, the executive has assumed the most dominant
role in the Country because of the increase in its powers after the
introduction of Delegation of Power. While at the Union the President
is the head of the Executive, this position is enjoyed by the Governors
at the State Level.

Article 153 of the Constitution provides the provision that there shall
be a Governor for each State. This Article also provides that it is not
necessary for every State to have a different Governor and thus a
person can be appointed as the Governor of more than one State.

The Governor’s position in the State is identical to the position of the

President of India and just like the President, the Governor is the
Executive Head of the State. This authority is conferred on him under
Article 154 of the Constitution which provides that the Executive power
of the State is vested in the Governor.

The Governor of the state is appointed under Article 155 of the

Constitution. He is appointed by the President of India by a warrant in
his hand and seal. Thus in case of Governor, no elections are held
and he is selected directly, unlike the President who is chosen by

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election, and a person can be appointed as the Governor by the
authority of the President.

The provisions for the term of the Office of the Governor have been
provided in Article 156 of the Constitution. Under this article the
following terms are provided:

The governor holds his office at the pleasure of the President. It

means that a Governor serves till the time President deems it fit and
he can be removed by him at any time.
The Governor also has the power to resign from his office during his
term. He can resign by addressing his intention to do so in writing to
the President.
Unless the Governor resigns from his office or the President removes
him, the normal term of a Governor is provided for a period of 5 years
from the date of him entering his office. (Article 156 (3))

For a person to become a Governor he has to fulfil some

requirements. According to Article 157, a person is eligible for
appointment as the Governor if:

He is a citizen of India.
He has attained the age of 35 years.
If these two conditions are fulfilled then the appointment of a person to
the office of governor cannot be challenged in the grounds of him
being ineligible.

In addition to the qualifications, some other conditions are also

attached to the office of Governor which have to be observed. These
conditions have been provided under Article 158 of the Constitution
which are:

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The governor should not be a member of the Parliament or a member
of the Legislature if any State which is specified in Schedule I of the
Constitution. If a person, who is a member of Parliament or such State
Legislature is appointed as the Governor, then he is deemed to have
vacated his seat in that house from the date he enters the office of
Governor.
The Governor should not hold any office of profit during his term.
The Governor is provided with such allowances, emoluments and
privileges which the Parliament provides by law and in the absence of
such provisions, they are provided to him as per Schedule II.
If a person is Governor of two or more States, his allowances are
provided by the concerned States in such proportion which is specified
by the President.
The allowances and emoluments which are provided to the Governor
cannot be reduced during his term of office.

The Governor on being appointed has to undertake an oath before

entering the Office. The oath is administered by the Chief Justice of
the High Court of the concerned State and in case the Chief Justice is
not present, then the senior most judge of the High Court administers
the oath. The oath of the Governor is observed under Article 159 of
the Constitution.

Conclusion
The Governor is the Executive Head of the State and in many cases,
the powers of the Governor resemble those of the President of India.
A person can be appointed as the Governor of two or more States and
such an appointment cannot be challenged.

The Governor is appointed by the President and he serves at his

pleasure. The Governor has been provided with many powers under

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the Constitution which can be divided into several categories. As the
Executive head, he has many executive powers and in addition to
that, he is also provided with other powers as well. He has the
Legislative power of granting or refusing his assent to a bill,. The
power to summon and prorogue the State Assembly. He also enjoys
judicial powers such as granting pardon. In Financial matters too, the
Governor has an important role and many Bills relating to financial
matters can be introduced only on the recommendation of the
Governor.

The Governor also plays a big role in the proclamation of Emergency

in the State and in many cases he also assumes the functions of the
State government. Thus the Governor despite being a titular head like
the President still enjoys many wide powers in the State.

(b) Compare and contrast the pardoning power of the President

with that of the Governor of State.
Answer: The pardoning power is founded on the consideration of
public good and is to be exercised on the grounds that public welfare,
which is the legitimate object of all punishments, will be promoted just
as well by a suspension of the sentences as by their execution.
Articles 72 and 161 of the Constitution contain the law governing the
grant of pardon.

Definition - Pardoning Power of President and Governor

Pardoning Power of President (Article 72)

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The President shall have the authority to grant pardons, reprieves,
respites, or remissions of punishment, or to suspend, remit, or
commute the sentence of any person convicted of any offense –

in all cases where the punishment or sentence is by a Court Martial;

in all cases where the punishment or sentence is for an offense
against any law relating to a matter to which the Union's executive
power extends.
in all cases where the sentence is a death sentence.
Pardoning Power of Governor (Article 161)
This article addresses the Governor's authority to grant pardons, etc.,
as well as suspend, remit, or commute sentences in certain
circumstances.
The Governor of a State shall have the authority to grant pardons,
reprieves, respites, or remissions of punishment, or to suspend, remit,
or commute the sentence of any person convicted of any offense
against any law relating to a matter to which the State's executive
power extends.

Comparison Between Pardoning Powers of President and Governor

President Governor
He has the authority to pardon, He has the authority to pardon,
reprieve, respite, remit, suspend, reprieve, respite, remit, suspend,
or commute the punishment or or commute the punishment or
sentence of any person convicted sentence of anyone who has
of a violation of a Central law. been convicted of an offense
against state law.

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He has the authority to pardon, He is unable to pardon the death

reprieve, respite, remit, suspend, sentence. Even if a state law
or commute a death sentence. calls for the death penalty, the
He is the sole authority to pardon President, not the governor, has
a death sentence. the authority to grant a pardon.
However, the governor has the
authority to suspend, remit, or
commute a death sentence.
He has the authority to grant He doesn't have this kind of
pardon, reprieve, respite, power.
suspension, remission, or
commutation of punishment or
sentence imposed by a
court-martial (military court).

Conclusion
For a long time, pardon as a method of mitigating the sentence of the
accused has been a contentious issue. Those who oppose pardon as
an effective measure of mitigating circumstances argue that the
executive frequently abuses the power to pardon. The convict may be
able to obtain his release from prison by wielding undue influence over
the executive authority. To avoid these flaws, most countries have a
provision for judicial review of the pardon granted if the grounds for
pardon are found to be unsatisfactory.

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3. What is a Money Bill? How is a Money Bill different from an

Ordinary Bill?

A money bill is generally concerned with the issues related to taxes,

borrowing and expenditure of money, audits and accounting,
consolidated and contingency funds etc.

A money bill is defined under Article 110(1) of the Indian Constitution

which states that a bill is said to be a money bill only if it deals with the
provisions either related to all or any of the following matters-

The imposition, abolition, remission, alteration or regulation of any tax,

The regulation of the borrowing of money or the giving of any
guarantee by the Government of India or the amendment of the law
with respect to any financial obligation undertaken or to be undertaken
by the Government of India,
The custody of the consolidated and the contingency fund, the
payment of money or withdrawal of money from these Funds,
The appropriations of money of the consolidated fund in India,
The declaration of any expenditure charged on the consolidated fund
of India or the increment of the amount of any such expenditure,
The receipt of money on account of the consolidated fund of India or
the public account of India or the custody or issue of such money or
the audit of the accounts of the Union or the State, or
Any matter incidental to any of the matters specified in sub-clause(a)
to (f).
A bill will not be referred to as a money bill if it mentions only the
imposition of any monetary fines or penalties, or for the demand or
payment of fees for licences or any other services given, or if it

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provides any imposition, abolition, remission, alteration or regulation of
any tax imposed by any local authority for local purpose.

Characteristics of Money Bill

It deals with taxation, expenditure and credits of the union
government, consolidated funds etc.
It can be introduced in Lok Sabha only.
Prior recommendation by the President is mandatory.
Only a minister is competent to introduce and pass the money bill.
A money bill has to be certified of the Speaker.
Rajya Sabha cannot amend the bill. It can only recommend
amendments.
Within 14 days, Rajya Sabha has to return the bill to Lok Sabha.
The absolute powers are vested in Lok Sabha.
No provisions regarding Joint Committee.
Money Bill is a subset of Financial Bill.

Types of a money bill

There are two categories of money bill:

1. Appropriation Bill
Article 114 of the Indian Constitution talks about the Appropriation Bill.
This bill gives authority to the government to use the funds from the
consolidated fund during a financial year.

2. Finance Bill
This bill is presented in Lok Sabha right after the presentation of the
union budget to make the financial plans of the government operative
for the subsequent financial year. All finance bills are money bill but
Finance Bill is defined under Rule 219 of the Rules and Procedures of
Lok Sabha.

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In order to transform a bill into an act, the Constitution of India

prescribes a systematic procedure which is mandatory to be followed.

The procedure is divided into three readings:

First Reading
The first reading includes the introduction of the money bill in the
lower house of Parliament (Lok Sabha). The important features of the
bill are introduced before the house by the member-in-charge and
then the bill is published in the Official Gazette (public journal). A
money bill can’t be introduced in Rajya Sabha. Thus, the process of
the first reading is different in Rajya Sabha than that in Lok Sabha.
During the first reading, the bill is received by the Rajya Sabha.

Second Reading
The second reading is further classified into two stages. At the first
stage, a general discussion on the fundamental principles of the bill
takes place. The representatives of different states and union
territories give their opinion on behalf of the public. At the second
stage, the bill is discussed clause-by-clause. Every clause and
subclause is considered in detail through debates. Any amendment
with regard to the bill if desired by the majority of the house is made.

The same procedure is followed in Rajya Sabha but at the second

stage, it cannot amend the bill even if it desires to do so. The Rajya
Sabha has the authority only to recommend amendments.

Third Reading
The money bill is put to vote in the third reading in Lok Sabha. If the
money bill is passed by a simple majority in the lower house then, it

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will be presented in the upper house. In the case of Rajya Sabha, the
money bill is put to vote in the same way as in Lok Sabha.

After going through these three reading process, the bill is then placed
before the President for his consent. As soon as the money bill
obtains the consent of the President, it is declared as an Act.

Money Bill different from an Ordinary Bill in the following ways:

Ordinary Bill comprises of any matter which is not covered under

money bill, financial bill and constitutional amendment bill.

Money Bill contains matters which are expressly mentioned in Article

110(1).

Money Bill Ordinary Bill

It is defined under Article 110(1) Article 107 & 108 give legislature
of the Indian Constitution guidelines for ordinary bills.
It deals only with matters It deals with all other matters
specified in the subclauses (a) to except covered under the
(g) clause (1) of Article 110. financial bill, money bill and
constitutional amendment bill.
A money bill cannot be These bills can be introduced in
introduced in Rajya Sabha either of the houses.
[Article 109(1)].
Recommendation of the Recommendation of President is
President is mandatory before not necessary.
presenting in Parliament.
No provision of Joint sitting No provision of joint sitting in this

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exists. regard until President summons

for the joint session [Article
108(1)].
Powers of Rajya Sabha are Both the houses have equal
restricted on a money bill. powers on the ordinary bill.
Certified by the Speaker of the Certification by Speaker is not
Lok Sabha. required.
Only the ministers are allowed to Both ministers or private
introduce the bill. members can introduce the bill.
E.g.: Goods and Services Tax E.g.: Telangana Police Salaries
(GST). (Amendment) Act, 2015.

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7. (a) How does the power of the Supreme Court under Article 32
of the Constitution differ from that of the High Court under Article
226 of the Constitution?
Answer: The power of the Supreme Court under Article 32 of the
Constitution differ from that of the High Court under Article 226 of the
Constitution as:-

Basis of difference Article 32 Article 226

Rights Article 32 is a Article 226 is a
fundamental right. constitutional right.

Suspension Article 32 can be Article 226 cannot be

suspended if an suspended even at
emergency has been the time of
declared by the emergency.
President.
Scope Article 32 has a Article 226 has a
narrow scope as it is broader scope as it is
applicable only in applicable not only in
case of violation of a the case of violation
fundamental right. of a fundamental right
but also of a legal
right.
Jurisdiction Article 32 empowers Article 226 empowers
the Supreme Court to the High Court to
issue writ all over issue a writ in its own
India. Therefore, the local jurisdiction only.
Supreme Court has Therefore, High
broader territorial Courts have narrower
jurisdiction. territorial jurisdiction

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as compared to the
Supreme Court.
Discretion Since, Article 32 is a Article 226 confers
fundamental right, the Discretionary power
same cannot be to the High Court
refused by the which means it is at
Supreme Court. the discretion of the
High Court to issue a
writ or not.

With the same power of enforcing fundamental rights, Article 226 has
a much broader scope than Article 32 because it can also be used to
enforce other legal rights conferred by the Constitution or any other
statute.

However, it is Article 32 which is known as the heart and soul of the

Constitution and for the fact that it is a fundamental right in itself
cannot be refused. Whereas, Article 226 being a constitutional right
gives discretionary power to the High Courts. Further, it is the decision
of the Supreme Court under Article 32 which supersedes the decision
of High Courts under Article 226. Thus, with the difference in powers
both articles ensure that the rights of the citizens are protected and
provisions of the constitution are upheld.

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(b) Can there be a common High Court for two or more States
under Constitution of India?
Answer: Yes, Though the constitution of India provides for single
judicial system, yet provisions are made of separate courts for each
state. High court is the highest court in the state and article-214 to 231
of the constitution describe the organisation and powers of high
courts. Article 214 of the constitution provides that:
There shall be a High court for each state article 231 further provides
that:
parliament may by Law establish a common High Court for two or
more states and a union territory.

At present for example there is a common High Court for the states of
Punjab, Haryana and Union Territory of Chandigarh. Similarly, there is
common high court for Assam, Nagaland, Arunchal Pradesh,
Mizoram.

Article 231 states the Establishment of a common High Court for two
or more States.
(1) Notwithstanding anything contained in the preceding provisions of
this Chapter, Parliament may by law establish a common High Court
for two or more States or for two or more States and a Union territory.
(2) In relation to any such High Court,-
(a) the reference in article 217 to the Governor of the State shall be
construed as a reference to the Governors of all the States in relation
to which the High Court exercises jurisdiction;
(b) the reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the subordinate courts
are situate; and

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(c) the references in articles 219 and 229 to the State shall be
construed as a reference to the State in which the High Court has its
principal seat.
Provided that if such principal seat is in a Union territory, the
references in articles 210 and 229 to the Governor, Public Service
Commission, Legislature and Consolidated Fund of the State shall be
construed respectively as references to the President, Union Public
Service Commission, Parliament and Consolidated Fund of India.

There are 25 High courts at the state and union territory level of India,
which together with the Supreme court of India at the national level,
comprises the country judicial system. Each high court has jurisdiction
over a state, a union territory or a group of states and union territories.
Below the high courts is a hierarchy of subordinate courts such as the
civil courts, family courts, criminal courts, and various other district
courts. High courts are instituted as constitutional court under part VI,
Chapter V, article 214.

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9. Explain the various privileges and immunities that are enjoyed

by the members of Parliament.
Answer: Parliamentary privileges are defined in Article 105 of the
Indian Constitution. The members of Parliament are exempted from
any civil or criminal liability for any statement made or act done in the
course of their duties. The privileges are claimed only when the
person is a member of the house. As soon as he ends to be a
member, the privileges are said to be called off. The privileges given
to the members are necessary for exercising constitutional functions.
These privileges are essential so that the proceedings and functions
can be made in a disciplined and undisturbed manner.

The privileges individually enjoyed by the members are:

Freedom of speech in parliament

The members of the parliament have been vested with the freedom of
speech and expression. As the very essence of our parliamentary
democracy is a free and fearless discussion, anything said by them
expressing their views and thoughts are exempted from any liability
and cannot be tried in the court of law.

Sir John Eliot’s Case- The House of Lords recognised that the court
should never have assumed jurisdiction over the charge of seditious
speeches, which was “fully answered by the plea of privilege” and
reversed the decision of Court of King’s bench in which they have
convicted Sir John for delivering a seditious speech in House of
Common.

The freedom of speech and expression guaranteed to a citizen under

Article 19(2) is different from the freedom of speech and expression
provided to a member of the parliament. It has been guaranteed under

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Article 105(1) of the Indian constitution. But the freedom is subject to
rules and orders which regulates the proceedings of the parliament.

This right is given even to non-members who have a right to speak in

the house. Example, attorney general of India. So that, there is
fearless participation of the members in the debate and every member
can put forward his thought without any fear or favour.

Some limitations are also present which should be followed in order to

claim immunity
Freedom of speech should be in accordance with the constitutional
provisions and subject to rules and procedures of the parliament,
stated under Article 118 of the Constitution.
Under Article 121 of the Constitution, the members of the parliament
are restricted from discussing the conduct of the judges of the
Supreme Court and the High Court. But, even if this happens, it is the
matter of the parliament and the court cannot interfere.
No privilege and immunity can be claimed by the member for anything
which is said outside the proceedings of the house.
Freedom from arrest
The members enjoy freedom from arrest in any civil case 40 days
before and after the adjournment of the house and also when the
house is in session. No member can be arrested from the limits of the
parliament without the permission of the house to which he/she
belongs so that there is no hindrance in performing their duties.

If the detention of any members of the parliament is made, the

chairman or the speaker should be informed by the concerned
authority, the reason for the arrest. But, a member can be arrested
outside the limits of the house on criminal charges against him under
The Preventive Detention act, The Essential Services Maintenance
Act (ESMA), The National Security Act (NSA) or any such act.

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Freedom from appearing as a witness

The members of the parliament enjoy special privileges and are
exempted from attending court as a witness. They are given complete
liberty to attend the house and perform their duties without any
interference from the court.

Power to make rules of procedure

Under Art. 118 Each House of Parliament has the power to make rules
and regulates its proceeding and conduct of its business. Both Houses
had enacted their rule book which is known as Rules of Procedure
and Conduct of business in Lok Sabha and Rules of Procedure and
Conduct of Business in the Council of States respectively.

Privileges enjoyed by the members collectively as part of

parliament
Right to prohibit the publication of proceedings
As stated in Article 105(2) of the Constitution, no person shall be held
liable for publishing any reports, discussions etc. of the house under
the authority of the member of the house. For paramount and national
importance, it is essential that the proceedings should be
communicated to the public to aware them about what is going on in
the parliament.

But, any partial report of detached part of proceedings or any

publication made with malice intention is disentitled for the protection.
Protection is only granted if it reflects the true proceedings of the
house. If any expunged proceedings are published or any
misrepresentation or misreporting is found, it is held to be the breach
of the privilege and contempt of the house.

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Right to exclude strangers

The members of the house have the power and right to exclude
strangers who are not members of the house from the proceedings.
This right is very essential for securing free and fair discussion in the
house. If any breach is reported then the punishment in the form of
admonition, reprimand, or imprisonment can be given.

The right to punish members and outsiders for breach of its

privileges
The Indian Parliament has the power to punish any person whether
strangers or any member of the house for any breach or contempt of
the house. When any breach is committed by the member of the
house, he/she is expelled from the house.

This right has been defined as ‘keystone of parliamentary privilege’

because, without this power, the house can suffer contempt and
breach and is very necessary to safeguard its authority and discharge
its functions. This power has also been upheld by the judiciary in most
of the cases. The house can put in custody any person or member for
contempt till the period the house is in session.

The right to regulate the internal affairs of the house

Each house has a right to regulate its proceedings in the way it deems
fit and proper. Each house has its own jurisdiction over the house and
no authority from the other house can interfere in regulation of its
internal proceedings. Under Article 118 of the Constitution, the house
have been empowered to conduct its regulation for proceedings and
cannot be challenged in the court of law on the ground that the house
is not in accordance with the rules made under Article 118. The
Supreme Court has also held that this is general provision and the rule

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is not binding upon the house. They can deviate or change the rule
anytime accordingly.

Conclusion
The privileges are conferred on the members for smooth functioning of
the parliament. But, these rights should always be in conformity with
the fundamental right because they are our representatives and work
for our welfare. If the privileges are not in accordance with the
fundamental rights then the very essence of democracy for the
protection of the rights of the citizen will be lost. It is the duty of the
parliament not to violate any other rights which are guaranteed by the
constitution. The members should also use their privileges wisely and
not misuse them. They should always keep in mind that the powers do
not make them corrupt. The parliament cannot adopt every privilege
that is present in the house of commons but should adopt only those
privileges which accordingly suits our Indian democracy.

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