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STATE LEGISLATURE

Contents 1. State Legislature 1.1. Constitutional Status 1.2. Organization 1.2.1. Creation and abolition of Second Chambers in States 1.3. Composition of Two Houses 1.4.1. Qualifications 1.4.2. Disqualifications 1.4.3. Vacation of Seats 1.5. Presiding Officers of State Legislature 1.5.1. Speaker of the Assembly 1.5.2. Deputy Speaker of Assembly 1.5.3. Chairman of Council 1.5.4. Deputy Chairman of Council 1.6. Conduct of Business 1.6.1. Duration 1.6.2. Sessions of State Legislature 1.7. Legislative Procedure in State Legislature Comparison of Legislative Procedure in Parliament and a Bicameral State Legislature 2. With regards to Bills other than Money Bills 3. Provisions for resolving a deadlock between the two Houses Comparison of Legislative Procedure in Parliament and State Legislature in case of ordinary bills:The Constitution prescribes lesser importance to Legislative Council of a State compared to the Rajya Sabha because:1.8.3. Utility of Second Chamber in States 1.9. Criticism of Second Chamber in States 1.10. Privileges of State Legislature 2. Emerging Issues 2.1. Functioning of state legislatures in India An analysis of NITI Aayog’s Innovation Index Report 2019 and other reports by PRS earmarks following issues in the functioning of state legislatures in India:2.2 Role of governor in dissolution of the state legislature Issue Constitutional Provisions related to dissolution Issues related to the dissolution powers of the governors:Way forward MM Punchhi Commission also recommended that:3. UPSC Mains Previous Year UPSC Questions 4. Previous Year GS Mains Questions 1. “Legislative Councils in India are not only second, but also secondary chambers of state legislatures. In terms of their composition and powers, they have become obsolete and must be scrapped.” Examine.Answer:Part 3 2. “Unlike the Union Parliament, there is no provision for resolving any deadlock between the two houses of the state legislature because no deadlock can possibly arise”. Elaborate. Provide a comparative assessment of procedure regarding Ordinary Bills and Money Bills in Parliament and state legislatures.215-618 Answer:Contents 1. Introduction 1.1. Evolution of Indian Judicial System 1.2. Conceptual basis of Indian Judicial System 1.2.1. Procedure established by Law vs. Due process of Law 1.2.2. Principle of Natural justice 2. Organisation of Judicial system 2.1. General Structure of Judicial System 2.2. Seat of Supreme Court 2.2.1. Demand of Regional Bench of Supreme Court 2.2.2. National Court of Appeal (NCA)2.3. Comparison with American Supreme Court 3. Judges of Supreme Court 3.1. Appointment of Judges 3.1.1. Eligibility 3.1.2. Procedure of Appointment 3.1.4. Number of Judges for Supreme Court 3.2. Oath of Judge 3.3. Salary and Allowances 3.4. Tenure 3.5. Removal of Judges Background Issues in removal What should be done in future?4. Procedure of Supreme Court 5. Independence of Supreme Court 6. Jurisdiction of Supreme Court 6.1. Original jurisdiction 6.2. Writ jurisdiction 6.3. Appellate jurisdiction (Article 134)6.4. Advisory jurisdiction 6.5. Supreme Court as a court of record (Article 129)6.6. Review of judgements or orders (Revisory jurisdiction)6.7. Power of Judicial review 6.8. Other Powers of Supreme Court 7. Supreme Court Advocates 7.1. Senior Advocates 7.2. Advocates-on-Record 7.3. Other Advocates 8. Issues faced in the India Judicial System 8.1. Judicial Pendency and Delay Background Reasons for Judicial Pendency Impacts of Judicial Pendency Steps taken Measures which can be taken ♤ Alternate dispute resolution (ADR)-Way Forward 8.2. Demand for Larger Benches Rationale behind demand for larger benches:8.3. Judicial Transparency 8.3.1. Installation of CCTV cameras 8.3.2. Live Streaming of Supreme Court Proceedings 8.4. Judicial Accountability Background Meaning of Accountability Areas where Judicial Accountability has been found lacking Implications Steps taken so far Measures which can be taken Way Forward Background Arguments in favour of bringing judiciary under RTI Argument against bringing judiciary under RTI Way Forward 8.4.2. Need for larger benches 8.4.3. Frequent use of Article 142 8.5. Contempt of Court Background Meaning of Contempt of Court Rationale behind Contempt of Court Arguments against Contempt of Court Law Commission’s Stand Way Forward 8.6. Master of the Roster Background Meaning of Master of Roster Concerns raised-Arguments against such concerns-Way Forward 8.7. Judges and Post-Retirement Positions Background Arguments in favour Arguments against What can be done to strike a balance?9. Recent Developments 9.1. Public Interest Litigation (PIL)Recent Developments Positive Contributions of PIL ♤ It has also helped in expanding the jurisprudence of fundamental (human) rights in India.Present Status Issues Steps taken to prevent misuse of PILs Way Forward 9.2. Affordable Justice Delivery Significance 9.3. Online Justice Delivery Background How online delivery of judicial services help in tackling various issues in judicial system?Challenges Way Forward 10. Articles Related to the Supreme Court 2019 Ans (c)(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.Ans (d)(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.2015 (d) The Supreme Court of India (c) original jurisdiction (b) the Parliament 2012 Ans (c)Ans. (b) 2005 Ans. (b)13. Previous Year GS Mains Test Series Questions 1. While judiciary has been seen as a harbinger of promoting transparency and accountability in governmental functions, it needs to promote the same regarding its own functioning. Comment w.r.t. the need for judicial reforms in India.Answer:2. What is the importance of an independent judiciary in a democracy? Highlight the safeguards in our political-constitutional setup to ensure the independence of judiciary.Answer:3. A dysfunctional judicial delivery system is a serious impediment to establishing the rule of law in our nation. Examine the statement in the context of the problem of case pendency and judicial vacancies in India.Answer:Issues associated with Judicial Vacancies:4. Despite long term recognition of the problem of pendency of cases in the courts, limited progress has been made in reducing their number. What are the possible reasons for such a scenario? Suggest a framework of measures that can be taken to address this issue.Answer:Measures needed to reduce judicial backlog:5. While the power to punish for the contempt of court is a much needed tool to protect the administration of justice from being maligned, it is time that it be relooked into. Critically analyse.Answer:Relevance of power to punish for the Contempt of Court Arguments for relook 6. “The process of justice delivery in India has become a punishment in itself”. In reference to the above, examine the causes for a large number of under trials in the country. Do you think Supreme Court’s recent directive on Section 436A of CrPC would be able to address the issue?Answer:7. Article 145(3) of the Indian Constitution says that any “substantial question of law” relating to the interpretation of the Constitution must be heard by benches of at least five judges. But some of the most important constitutional cases, like Salwa Judum and Naz foundation, were decided by smaller benches. Why is there a need for larger benches? What are the possible reasons for smaller benches hearing such important cases?Answer:8. While Public Interest Litigations have provided access to justice for the poor and the marginalized sections of the society but many vested interests have also misused it. In this context, examine the utility of PILs as a tool of social justice.Answer:9. While it has been argued that the judiciary should be brought under RTI, a balance also needs to be maintained between independence of the judiciary and the right of people to know. In this context, discuss the pros and cons of bringing the judiciary under the ambit of RTI.Answer:10. Criticism about the judiciary should be welcomed, so long as criticisms do not hamper the “administration of justice”. In this context discuss whether the power of contempt of court given to the higher judiciary limits the freedom granted by Article 19(1)(a) and whether these two can be reconciled.Answer:

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