The Judiciary, Federalism and Emergency Provisions
The Judiciary, Federalism and Emergency Provisions
This topic gives about 2 questions and completes the machinery of government. It covers the single integrated judiciary, the division of powers between the Centre and the states, and the three kinds of Emergency, each of which is asked by its article number.
The Judiciary
India has a single integrated judiciary with the Supreme Court at its head, High Courts below it and subordinate courts under them. There is no separate set of state courts as in the United States.
| Item | Supreme Court | High Court |
|---|---|---|
| Established by | Article 124 | Article 214 |
| Retirement age | 65 years | 62 years |
| Writ power | Article 32 | Article 226 |
| Appointed by | President | President |
The High Court's writ power under Article 226 is wider than the Supreme Court's, because a High Court may issue writs for a Fundamental Right or for any other legal right, while Article 32 covers Fundamental Rights alone. Bihar's High Court sits at Patna and was established in 1916.
Judicial review lets the courts declare a law unconstitutional. The basic structure doctrine, laid down in the Kesavananda Bharati case of 1973, holds that Parliament may amend the Constitution but cannot destroy its basic structure.
✗ Article 32 is wider than Article 226 | ✓ Article 226 is wider; it covers other legal rights as well as Fundamental Rights
Federalism and the Division of Powers
| List | Made by | Examples |
|---|---|---|
| Union List | Parliament | Defence, foreign affairs, railways, currency |
| State List | State legislature | Police, public health, agriculture |
| Concurrent List | Both | Education, forests, marriage, criminal law |
India is called a federation with a strong Centre, or quasi-federal. When a Union law and a state law on a Concurrent subject conflict, the Union law prevails. Residuary powers — subjects in no list — belong to Parliament, unlike in the United States.
Education was moved from the State List to the Concurrent List by the 42nd Amendment in 1976. This is the single most relevant federalism fact for a teacher candidate, because it explains why both the Union and the states legislate on schooling.
Emergency Provisions
- National Emergency, Article 352 — on war, external aggression or armed rebellion. Declared in 1962, 1971 and 1975.
- President's Rule, Article 356 — on failure of constitutional machinery in a state.
- Financial Emergency, Article 360 — never yet declared in India.
The word armed rebellion replaced internal disturbance in Article 352 by the 44th Amendment in 1978, which made a National Emergency harder to declare. That the Financial Emergency has never been used is asked frequently.
अनुच्छेद 226 की शक्ति 32 से व्यापक है।
TRE pointer: Learn the three Emergencies by article number — 352, 356, 360 — and remember that 360 has never been used. Fix that Article 226 is wider than Article 32 and that residuary powers lie with Parliament. The one fact to carry into every governance question in this paper is that education is a Concurrent subject since 1976, which explains the Union's role in school policy.
60-Second Recap
- India has a single integrated judiciary headed by the Supreme Court.
- Supreme Court judges retire at 65, High Court judges at 62.
- Article 226 is wider than Article 32 because it covers other legal rights too.
- The basic structure doctrine came from the Kesavananda Bharati case, 1973.
- Residuary powers lie with Parliament; on the Concurrent List, Union law prevails.
- Article 352 National, 356 President's Rule, 360 Financial, never yet declared.
Frequently Asked Questions
Why is Article 226 called wider than Article 32?
Because a High Court can issue writs both for the enforcement of Fundamental Rights and for any other legal right, while the Supreme Court's power under Article 32 extends only to Fundamental Rights. The remedy under Article 32 is itself a Fundamental Right, however.
Which list does education belong to?
The Concurrent List. It was originally a State subject but was moved to the Concurrent List by the Forty-second Amendment in 1976, which is why both Parliament and the state legislatures can make laws on it and why national school policy binds the states.
Has a Financial Emergency ever been declared in India?
No. Article 360 has never been invoked since the Constitution came into force. A National Emergency under Article 352 has been declared three times, in 1962, 1971 and 1975, and President's Rule under Article 356 has been used in states many times.
What is the basic structure doctrine?
It is the principle, laid down by the Supreme Court in the Kesavananda Bharati case of 1973, that Parliament's power to amend the Constitution does not extend to destroying its basic structure. Features such as judicial review and federalism cannot be amended away.