Working of Institutions Test - 12

The  Supreme Court of India is situated in  New Delhi. The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India. On 28 January 1950, India's Supreme Court succeeded the Federal Court of India which was established by Government of India Act 1935 and the Privy Council, which was highest judicial body in the country during British Era.

The Supreme Court of India is the final authority to see to it that the division of powers as specified in the constitution is obeyed by both the Union and the State governments. So, Article 131 of the Indian Constitution vests the Supreme Court with original and exclusive jurisdiction to determine the justiciable disputes between the Union and the States or between the States.

Ideally, the tenure of the Prime Minister is five years. However, he can resign before the completion of his term or he can be removed if a vote of no-confidence motion is passed against him. 

The ordinary bills have to be passed from both the houses before they can be presented before the President. In case of a difference of opinion between Lok Sabha and Rajya Sabha over an ordinary bill, a joint meeting of both the houses is called for a discussion and the Prime Minister plays a very important role in this session.

Parliament is the final authority for making laws in any country. This task of law making or legislation is so crucial that these assemblies are called legislatures. Parliaments all over the world can make new laws, change existing laws, or abolish existing laws and make new ones in their place.

B.  Fundamental Rights.

Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights. The Supreme Court has the power to issue orders or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement  of any of the Fundamental Rights.

Two features of Indian Judicial system are:-

• Integrated Judiciary system - The Constitution establishes a single integrated judicial system for the whole of India. The Supreme Court of India is the highest court of the country and below it are the High Courts at the state level.
  
• Independent Judiciary system - The Constitution of India makes judiciary truly independent. It provides for appointment of judges by the President, high qualification for appointment of judges, removal of judges by a difficult method of impeachment.
  

The body which acts as the guardian of Fundamental Rights is the Supreme Court. The court protect the Fundamental Rights of the citizens from being exploited. The Supreme Court as the Guardian of Fundamental Rights can declare any law null and void if it violates. The Court also protect these rights if they are infringed by the action of the executive.

Apart from lawmaking, the Parliament is engaged in many other functions. Let us list the functions of the Parliament:

• Legislative Function: The Parliament enacts legislations for the country. Despite being the chief lawmaking body, the Parliament often merely approves legislations.
  
• Control of Executive and ensuring its accountability: Perhaps the most vital function of the Parliament is to ensure that the executive does not overstep its authority and remains responsible to the people who have elected them.
  
• Financial Function: The financial powers of the Parliament involve the grant of resources to the government to implement its programmes.
  
• Representation: Parliament represents the divergent views of members from different regional, social, economic, religious groups of different parts of the country.
  
• Debating Function: The Parliament is the highest platform for debate in the country. There is no limitation on its power of discussion. Members are free to speak on any matter without fear
  
• Constituent Function: The Parliament has the power of discussing and enacting changes to the Constitution. The constituent powers of both the houses are similar. All constitutional amendments have to be approved by a special majority of both Houses.
  
• Electoral functions: The Parliament also performs some electoral functions. It elects the President and Vice President of India.
  
• Judicial functions: The judicial functions of the Parliament include considering the proposals for the removal of President, Vice-President, and Judges of High Courts and Supreme Court.