Detailed Study Notes for Unit I

Unit-I: Union and State Legislature, Executive, Legislative Privileges & Anti-Defection Law

Parliament (Article 79): Consists of the President and two Houses—the Council of States (Rajya Sabha, upper house representing states) and the House of the People (Lok Sabha, lower house representing people directly).
State Legislature (Article 168): May be bicameral (Legislative Assembly and Legislative Council in states like Uttar Pradesh, Bihar, Maharashtra, Karnataka) or unicameral (Legislative Assembly alone).

Definition: Rights and immunities enjoyed by Houses of Parliament/Legislatures and their members collectively and individually to discharge their legislative functions effectively without interference.
Key Privileges: Freedom of speech inside Parliament (Article 105(1)), immunity from legal proceedings for anything said or voted in Parliament, freedom from civil arrest during legislative sessions, and the power to punish for contempt of the House.
Judicial Review: When parliamentary privileges conflict with Fundamental Rights (e.g., Article 21 / Right to Personal Liberty), the Supreme Court has held that legislative privileges are subject to fundamental rights, and courts can examine the legality of legislative actions (Searchlight Case, Keshav Singh Case).

Background: Introduced by the 52nd Constitutional Amendment Act, 1985 to curb political defections (“aya ram gaya ram” syndrome).
Grounds for Disqualification (Paragraph 2):
1. If a member belonging to a political party voluntarily gives up membership of that party, or votes/abstains from voting contrary to party whip directions without prior permission.
2. If an independently elected member joins any political party after elections.
3. If a nominated member joins any political party after the expiry of 6 months from taking seats.
Merger Exception (Paragraph 4): Defection penalty does not apply if a political party merges with another and two-thirds or more of its legislators agree to the merger.
Role of the Speaker (Paragraph 6): The decision on disqualification rests with the Speaker/Chairman of the House, whose decision is subject to judicial review (Kihoto Hollohan v. Zachillhu).

Nominal Executive: The President of India is the constitutional head of the executive; all executive actions of the Union are taken in their name.
Aid and Advice (Article 74): The President must act in accordance with the advice of the Council of Ministers headed by the Prime Minister (amended by 42nd and 44th Constitutional Amendments to allow reconsideration once).
Ordinance-Making Power (Article 123): Can promulgate ordinances when Parliament is not in session if immediate action is required, having the same force as an Act of Parliament (subject to legislative approval within 6 weeks of reassembly).

Dual Role: The Governor acts as the constitutional head of the State operating on ministerial advice, as well as an agent/link between the Central Government and the State Government.
Ordinance-Making Power (Article 213): Similar executive ordinance power at the state level when the state legislature is not in session.
Discretionary Powers: Governors possess constitutional discretion under Article 163 (e.g., appointment of Chief Minister in a hung assembly, reserving a state bill for the President’s consideration under Article 200).

Case Title: Kihoto Hollohan v. Zachillhu
Citation & Court: 1992 Supp (2) SCC 651 (Supreme Court of India, 5-Judge Constitution Bench)
Related Statutory Provisions: Tenth Schedule and Article 32 of the Constitution.
The Story & Real-Life Background: Nagaland legislators were disqualified by the Speaker under the Tenth Schedule for defection. They challenged the constitutional validity of the Tenth Schedule, arguing that making the Speaker the sole arbiter violates the basic structure doctrine of independence of the judiciary, and that judicial review is barred under Paragraph 7.
Legal Issues Involved: Whether the Tenth Schedule violates basic structure and whether the Speaker’s decision on disqualification is immune from judicial review.
Final Judgement & Ratio Decidendi:
- Ruling: The Supreme Court upheld the constitutional validity of the Tenth Schedule. However, the court struck down Paragraph 7 which barred judicial review. The court held that the Speaker acting under the Tenth Schedule functions as a tribunal, and their decision is subject to judicial review by High Courts and Supreme Court on grounds of mala fides, perversity, or violation of natural justice (though quia timet judicial intervention before the Speaker’s final decision is barred).
- Ratio: Anti-defection provisions are valid, but the Speaker’s disqualification decisions are subject to post-decision judicial review.

Case Title: State of Punjab v. Principal Secretary to the Governor of Punjab
Citation & Court: (2023) SCC OnLine SC 1385 (Supreme Court of India)
Related Statutory Provisions: Article 200 of the Constitution of India.
The Story & Real-Life Background: The Punjab Legislative Assembly passed several bills and submitted them to the Governor for assent under Article 200. The Governor withheld assent indefinitely without returning them to the House for reconsideration, stalling legislative governance. The State Government filed a writ petition under Article 32.
Legal Issues Involved: Whether a Governor can sit indefinitely on state bills passed by the legislature without exercising options under Article 200.
Final Judgement & Ratio Decidendi:
- Ruling: The Supreme Court held that the Governor, as a constitutional head, cannot sit on bills indefinitely. Under Article 200, if the Governor withholds assent or reserves a bill, they must act expeditiously according to constitutional options (returning the bill with a message for reconsideration). Defying elected legislative action undermines parliamentary democracy.
- Ratio: Governors must act in accordance with constitutional provisions without frustrating state legislative enactments through indefinite inaction.

Unit Number	Topic / Concept Name	Relevant Constitutional Scope	Core Description / Subject Matter
Unit-I	Legislative Privileges	Articles 105 & 194	Freedom of speech, immunity from legal proceedings, and powers to punish for contempt.
Unit-I	Anti-Defection Law	Tenth Schedule	Disqualification of defectors, party whips, merger exception, and judicial review of Speaker’s orders.
Unit-I	Executive Ordinances	Articles 123 & 213	President and Governor ordinance-making powers during legislative recess.