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While dealing with the exclusion of High Court jurisdiction in service affairs, a seven-judge Bench of the Supreme Court declared that Article 32 and Article 226 of the Constitution, which grants the power of judicial review over legislative action to the Supreme Court and the High Courts, is an integral and essential feature of the basic ...
The second question which was taken into consideration by the court was that whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution of India. It was contended that The Supreme Court in this regard held that the power conferred by Article 356 upon the President is a conditioned power.
In this case Supreme Court made some very important pronouncements regarding scope and effect of Clause (2) of Article 74. Article 74(2) barred courts from inquiring into the advice given by Council of Ministers to the president. In a way the advice of Council of Ministers was kept out of Supreme Court's power of Judicial Review by this article ...
Legislative power is constitutionally vested in the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both the houses ( Lok Sabha and Rajya Sabha ) of the parliament and prorogues them.
The Constitution of India grants power to the President of India to appoint, as recommended by the outgoing chief justice in consultation with other judges, (as envisaged in Article 124 (2) of the Constitution) [5] the next chief justice, who will serve until they reach the age of 65 or are removed by the constitutional process of impeachment.
Judicial review was adopted by the constitution of India from judicial review in the United States. [71] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:
The President of India, vice-president, Supreme Court and High Court Judges and other constitutional authorities are paid from the Consolidated fund. [citation needed] Two acts deal with SC and HC judge compensation. The Supreme Court Judges (Salaries and Condition) Act deals with the compensation for Supreme Court Judges. [32]
Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation. [6]