In this chapter RBSE Solutions for Class 10 Social Science Chapter 6 Central Government are part of RBSE Solutions for Class 10 Social Science. Here we have given Rajasthan Board RBSE Class 10 Social Science Solutions Chapter 6 Central Government Notes, According, based on new syllabus
RBSE Class 10 SST Chapter 6 Central Government Notes New Syllabus

RBSE Class 10 SST Chapter 6 Central Government Notes PDF

GOVERNMENT

The state is an abstract concept which is an invisible institution. The organisation which gives it a tangible / concrete shape is called the government. The overall will of the state is determined, expressed and implemented by the government


According to Garner _

Government is such an agency or machine, through which a state's policies are determined, normal tissues are formalized and public welfare is developed.


Organs of Government

The three main organs of the government are:

  1. Legislative

  2. Executive And 

  3. Judiciary


Legislative:

Legislative is the first organ of government. In India, legislature is formed at two levels,

(a) Union/Federal Legislature and

(b) State Legislature.

According to the article 79 of Indian, there is a parliament in the Indian Union which is formed jointly by the President and the two houses namely - the Lok Sabha and the Rajya Sabha.

Parliament - Parliament refers to the joint form of all the three the President the Lok Sabha and Rajya Sabha.


Structure or formation of Lok Sabha: 

The Lok Sabha is the first or Lower House or House of the people of the Indian Parliament. This is also called the popular house because its members are directly elected by people.


Number of Members

The maximum number of members of Lok Sabha can be 552. Up to 530 members shall be elected from the states, up to 20 members shall be elected from the Union Territories, and remaining 2 members are from Anglo-Indian Community, shall be nominated by the President.


Election

The members of Lok Sabha are directly elected on the basis of universal adult franchise.


Eligibility for Members:


 According to the constitution the following qualifications are required to be a member of Lok Sabha ⇒ 

  1. The person should be a citizen of India.

  2. His/her age should be 25 years or more.

  3. The person should not hold any post of benefit under Union Government or State Government.

  4. The person has not been declared as mentally disabled by any court and is not bankrupt.

Tenure

The tenure of a member of Lok Sabha is 5 years, but it can be dissolved before completion of its tenure. This has been done 9 times till now.

Session/ Meeting

Meetings of the Lok Sabha and Rajya Sabha are called and postponed only by the president. The interval between two respective meetings of the Lok Sabha should not be more than six months.


Officials of Lok Sabha: Speaker and Deputy Speaker: 

Speaker is the chairman and the deputy speaker is the deputy chairman. They are elected by the members of the house. The Speaker and Deputy Speaker can be removed from their post if a proposal for this is passed by majority of the members.

According to the constitution, the speaker and the Deputy Speaker is entitled to get allowances as fixed by the parliament.

Powers/function and Duties of Speaker

  1. The Speaker presides over all meetings of Lok Sabha. 

  2. He has to ensure peace and discipline inside the house.

  3. The Speaker decides all the programmers and proceedings of Lok Sabha.

  4. He is the ex-office chairman of some of the Parliamentary Committees. 

  5. He appoints the chairpersons of Select Committees and such committees work under his instruction.

  6. Speaker decides if a particular bill is a money bill or not.

  7. All correspondence between the President and the Parliament are done by him.


Power/Rights and Duties of the Lok Sabha

  1. Judicial Powers 

According to the constitution, the Indian parliament can form laws on the subject of the Union list and the State list.

Simple non-financial bill and constitutional amendment bills, can be presented in the Lok Sabha or Rajya Sabha - any of these two houses and only after being passed from both of the houses.


  1. Financial Power

The Constitution has provided financial powers only to the Lok Sabha and Rajya Sabha has just a subsidiary role in it.


  1. Powers related to constitutional amendments

The Lok Sabha has the right to make amendments in the Constitution by taking advice from the Rajya Sabha. 

According to section 368 of the constitution, the work of making amendments in most of the parts of the Constitution is done by the Parliament alone.


  1. Functions in the form of the election commission

The Lok Sabha also functions in the form of an election commission. According to section 54, the members of the Lok Sabha along with the members of the state legislatures, jointly elect the president.


  1. Control on the executive

Indian constitution has provided for a parliamentary form of the government. Therefore according to the constitution the executive, the Council of Ministers is responsible to the parliament.

Structure and formation of Rajya Sabha

Rajya Sabha is the second and Upper House of the Parliament. It has less power compared to Lok Sabha, but has its own importance and utility.


Number of members and election process

Members of Rajya Sabha can be up to 250 but at present it is only 245. Out of them, 12 members are nominated by the President. Remaining members are elected by the members of legislative assemblies.


Eligibility for Members:

The eligibility criteria for membership of Rajya Sabha are almost the same as for membership of Lok Sabha. The only difference is, unlike Lok Sabha, the minimum age to be a Rajya Sabha member is 30 years or more.


Tenure:

Rajya Sabha is a permanent house which is never dissolved. The tenure of members is 6 years. One third members of Rajya Sabha retire after every two years.


Officials of Rajya Sabha:

There are two main officials of Rajya Sabha,  Chairman and Deputy Chairman. The Vice President of India is the ex-office chairman of Rajya Sabha. His tenure is five years. Any member of the Rajya Sabha is elected as Deputy Chairman by members of the Rajya Sabha. The tenure of Deputy Chairman is 6 years.


Functions and the powers of Rajya Sabha


  1. Financial power

According to the constitution money bills are first introduced in the Lok Sabha. after being accepted in the Lok Sabha the money bill will be sent to the Rajya Sabha, who will have to decide upon the bill within a period of 14 days.


  1. Power of making amendments in the constitution

In context of making amendments in the constitution the Rajya Sabha have equal powers as the Lok Sabha in case of discrepancy/deviation between both the houses regarding a resolution of constitutional amendment, the constitutional amendment resolution will not be passed.


  1. Executive Powers

In the parliamentary system, the Council of Ministers is only answerable to the popular house of the Parliament. Hence, the Council of Ministers is only answerable to the Lok Sabha and not to the Rajya Sabha.


  1. Judicial Powers 

Along with Lok Sabha, Rajya Sabha also performs work associated with formation of law and the constitution has provided equal powers to Lok Sabha and Rajya Sabha in context to non money bills.


  1. Miscellaneous Powers

Apart from the above mentioned powers the Rajya Sabha has several other powers also which is uses jointly along with the Lok Sabha these powers and functions are as given below _

  1. Elected members of the Rajya Sabha participate in the election of the president.

  2. Members of the Rajya Sabha and Lok Sabha jointly elect the vice president.

  3. Members of the Rajya Sabha and Lok Sabha jointly impeach the president, judge of the supreme court and some other officers.

  4. The Rajya Sabha and Lok Sabha jointly pass a motion/resolution (प्रस्ताव) to majority and remove the Vice President from his office.

  5. if emergency has to be employed for more than one month then the type of motion should be passed separately by both the houses - the Lok Sabha and Rajya Sabha.


Special Privilegs 

The Rajya Sabha has two such powers which have not been provided to the Lok Sabha and which are used by the Rajya Sabha only.


  1. According to Article 249, the Rajya Sabha can make any subject under State List into a subject of national importance by two-thirds majority of the members who are present and who are participating in voting.


  1. According to Article 249, only Rajya Sabha has the right to give power of initiating a new All India Service by passing the proposal by two-thirds majority.

Power and function of the Parliament.

The constitution has provided ample powers to the Parliament and the major power of the Parliament are listed below-

Judicial power

The most important function of the Parliament is formation of law for the nation's welfare.

Power of making amendments in the constitution

The  Parliament has important power regarding amendments in the constitution.

According to the constitution any regulations regarding amendments in the constitution can be presented only in the Parliament and not in any state legislature. both the houses of Parliament perform the function of making amendment in the constitution.

Financial power

Being the representative of the people, the Parliament has full control upon national wealth and until the finance minister doesn't get the annual budget passed by the Parliament, till that time no work of income or expenditure can be done.


Budget- account of national income and expenditure

Power associated with elections

Article 54 provides the Parliament various powers related with election. The elected members of Parliament are the part of the election commission formed for the election of the president.

According to the article 66 the members of both of the houses of Parliament elect the vice president.

Miscellaneous/other Powers

Members of both the houses of the Parliament can remove the president from his office by the process of impeachment.

Similarly, the members of both the houses can remove the Chief Justice of the Supreme Court or any of the High Courts; on the basis of inefficiency or corruption.

To implement an emergency done by the president it is necessary to take permission of both the houses of the Parliament within one month of such declaration. After 6 months if it is necessary to implement it again for the next 6 month permission of both the houses is required.


Executive 

the second organ of government is the executive.

President

According to Article 52 of Indian constitution, there is a President in India.

The Union Executive shall comprise President, Vice President, Prime Minister, Council of Ministers and the Chief Justice of India. The President is the formal head of the executive while the Prime Minister (with his Council of Ministers) is the actual head of the executive.

Qualification / Eligibility required for the president of India-


  1. He should be a citizen of India.

  2. He should have completed the age of 35 years.

  3. He should have the qualification to be elected as a member of the Lok Sabha. The president cannot be a member of any house of the Indian Parliament or state legislature.

  4. The person should not hold any post of profit under any level of government or under any other organization.

Election of the President

The President of India is elected by Indirect Election or Single Transferable Vote system.

Indirect Election -

The Lok Sabha functions in the form of an election commission. According to section 54, the members of the Lok Sabha along with the members of the state legislatures, jointly elect the president.

Single Transferable Vote system.

In this election voting is done through a secret ballot / poll and to become successful in this election the candidate has to obtain a ''minimum quota''.

The following formula is applied to determine this "minimum quote".

Procedure of removal from office (Impeachment)

Each house of the Indian Parliament has the right to impeach the president.

to initiate the process of impeachment signature of one third members of the Parliament is required.

Once the motion is presented in the house, the house will discuss it after 14 days.

If the impeachment motion gets passed with two-third majority of the members, then motion will be sent to the second house.

The second house will either investigate impeachment clauses or will appoint a special committee to do so.

If the allegations against the president are proved and the second house also  accepts the impeachment motion by two-third majority, then the president is considered to be removed from his office.

Powers and Functions of the President

The powers of the president can be divided into two categories: Normal Power and Emergency Powers.

Normal Powers or rights

  1. Executive or Administrative Powers

According to the article 53 of Indian Constitution, "the power of the Union Executive will be in hands of the president and he will use this power either himself or through his representative".


  1. Appointment and removal of important officers

The President appoints many important officials of Indian Union, ex. ministers (on advice of the Prime Minister), governors of states, Chief Justices of the Supreme Court and High Courts, Comptroller & Auditor General, Chairman of UPSC, ambassadors to other countries, etc.


  1. Power associated with functioning of the government

The President can call the joint meeting of the Lok Sabha and the Rajya Sabha, appoint the officers and employees for the supreme court and make laws related to the power of the Comptroller and Auditor General (CAG -Girish Chandra Murmu) of India.


  1. Powers in Military Affairs:

The President is the Supreme Commander of the armed forces, but he can exercise this right only according to the law. The President can neither announce a war nor utilize the military without the assent of the Parliament


  1. Legislative Powers

The president is the constitutional head of the Indian Union executive in this context the president has the following judicial powers -


  1. Administration of legislative

The president can dissolve the Lok Sabha even before completion of its tenure.

The Lok Sabha has been dissolved for 9 times up till now.

Common policies of the government are declared through the president's speech.


  1. Power to nominate the members

The president had the power to nominate 12 members of the Rajya Sabha who have been experts in any field including literature, science, art and sports.

He nominates 2 Anglo-Indian members in the Lok Sabha.


  1. Power to reject a motion

Once a bill is passed by the Parliament it needs to be assented by the President to become a law. The President can return the normal bills with some suggestions for a review to the Parliament. If the bill is passed by the Parliament either with amendment or without amendment, then the President has to give his assent.


  1. Financial Powers

The President will make for presentation of the Budget of a financial year at the beginning of that year in both houses of the Parliament.


  1. Judicial Powers

The President does not have the right to direct interference in judicial matters, but still, he has been provided with certain essential powers. He appoints the judges of the supreme court and the high court

 The president's consent is mandatory for implementation of laws related to working system of the judiciary formed by the supreme court. Under his judicial powers the president has the right to grant pardons, respite for remission of punishment to offenders.

Emergency Powers

Process of Declaration

According to Article 352, the President can announce emergency if he feels fear of war, external attack, internal disturbance in the whole country or in any part of the country. 

The announcement can be enforced for two months even without approval of the Parliament. After the 44th Amendment in the Constitution, following are the clauses of emergency:


  • First: Emergency can only be announced in case of war, external attack or armed revolt. Emergency cannot be announced only in the name of internal disturbance.


  • Second: The President can only announce emergency under Article 352, when the Council of Ministers gives a written advice to him.


  • Third: Within a month the announcement needs to be ratified by the Parliament by two-thirds majority of members. To continue the emergency for further duration, it has to be ratified by the Parliament after every six months.


  • Fourth: Emergency can be ended by a simple majority of members of Lok Sabha.

Declaration of emergency in case of Constitutional breakdown in a state

According to Article 356, the President can announce emergency in states under following conditions:


  • On the recommendation of the Governor.

  • A situation has come under which it is impossible to continue the governance in that state as per the provisions of the Constitution.

Announcement of Financial Emergency

According to Article 360, the President can announce financial emergency if he is convinced that situation has become so grim that it presents a danger to financial stability of India.

Vice President 

According to Article 63 of Indian constitution, there is provision of a Vice President in India. The Vice President is elected in a joint session of both the houses of the Parliament and this election takes place on the basis of a single transferable vote system. 

Eligibility 

  1. He should be a citizen of India.

  2. He should have completed the age of 35 years.

  3. He should have the qualification to be elected as a member of the Rajya Sabha. 

  4. The person should not hold any post of profit under any level of government or under any other organization.


Removal from Office 

Tenure of the Vice President is 5 years, but he can voluntarily resign from his post also before the completion of his tenure. He can also be removed from office through such resolution which is passed by total majority by Rajya Sabha members and which is also passed by the Lok Sabha. It is mandatory to give information regarding such resolution 14 days in advance. 

Powers and Functions of the Vice President 

Following are the powers and functions of the Vice President


1. Ex-officio Chairman of the Rajya Sabha:

The Vice President is the ex-officio Chairman of the Rajya Sabha. As he is not a member of Rajya Sabha, therefore he has no right to vote, but if the votes in favour and against a particular subject are equal, then he has the right to cast the decisive vote. This is the most important function of the Vice President. 


2. In the absence of the President, he acquires his office. The Vice President acquires the office of the President in four cases

i. In case of death of the President. 

ii. In case of President's resignation. 

iii. In case of removal of the President through impeachment. 

iv. Due to the President being incapable to fulfill his responsibilities, such as illness or in case of foreign visit. 

Prime Minister

Section 72 of the Indian Constitution has provided for the post of Prime Minister. 

Appointment of Prime Minister

According to the fundamental principles of parliamentary system, the President is bound to appoint the leader of the majority party in Lok Sabha as Prime Minister.

The  Prime Minister shall be appointed by the President.

Functions and Powers of Prime Minister:

In a parliamentary form of government, the Prime Minister is the basis of the constitutional house.

Formation Of The Council Of Ministers

After joining his office, the Prime Minister firstly forms the Council of Ministers. The Prime Minister decides the number of members in the Council of Ministers and their portfolios in accordance with constitutional provisions.

Decision and amendment of portfolios among the ministers

the Prime Minister uses his discretion while distributing various portfolios amongst his ministers and normally no one opposes the final list of portfolio allocation made by the Prime Minister.

Directing the functioning of the Council of Ministers

The Prime Minister presides upon the meeting of the Council of Ministers. Only those subjects are discussed in the meeting of the Council of Ministers, which are in the top list of the agenda as formed by the Prime Minister.

Coordinate between various departments of the government

The Prime Minister establishes coordination between various departments of the government by which the entire government may function in the form of a single unit.

Leader of the Lok Sabha

The Prime Minister is the leader mainly of the Lok Sabha in the Parliament. He provides guidance to all the works associated with the formation of law. All the government resolutions are formed as per his directions.

Making Appointments

The right to appointing various important officers which the constitution has provided to the president is actually practiced by the president not as per his discretion, but along with the advice given by the Prime Minister.

Council of Ministers 

As per article 74 of the actual constitution, There will be a council of ministers headed by the Prime Minister to help and advise the President perform his duties. 

Administration of the Parliament vests in the hands of the council of ministers. In the name of the President, all the administrative powers are used by the council of ministers. 

Formation of the Council of Ministers 

1. Appointment of the Prime Minister

According to article 75 of the Indian constitution, the President appoints the Prime Minister and the other ministers are appointed as per the advice given by the Prime Minister. 

 

2. Selection of the ministers by the Prime Minister 

In context to the appointment of the ministers, the constitution provides that the President appoints these ministers on the basis of the advice given by the Prime minister, but in practice, the president is bound to act as per the advice given by the Prime Minister. 


3. Qualifications required to become a minister 

In order to become a member of the Council ministers, it is judicially important that he should be a member of any house of the Parliament. If a person is not a member of parliament at the time of becoming the minister, then it is mandatory for him/her to become a member of parliament within 6 months. If he remains unsuccessful in doing so, then he/she has to resign from his post.


4. Oath taking by the ministers

Before assuming office, the Prime Minister and his council of ministers has to take the oath of office and secrecy in front of the President. 


5. Tenure of the council of ministers 

The tenure of the council of ministers is not fixed and it remains in office till the time it enjoys, confidence of the Parliament. The council of ministers remains on its post for a maximum tenure of the Lok Sabha, which is 5 years. 


6. Salaries and allowances of ministers

There is a provision of payment of monthly salary and other fixed allowances to the Prime Minister, Cabinet ministers, State ministers and deputy ministers. These are determined by the Parliament from time to time. Apart from this, these members are entitled to free housing, vehicles and various other facilities. 

Powers of the Cabinet 

According to article 74 of the Indian constitution, the cabinet is the supreme unit of Indian government system and it runs the entire government administration system. In fact, all the powers of the President are used by the cabinet and this is known as the 'Heart of the Indian government system.' 


  1. Formation of National Policy

The most important function of the cabinet is formation of national policy. It decides about the type of policy which would be adopted for administration by various government departments within the country and about the foreign policy of the government regarding other countries. 


  1. Control upon formation of laws 

Due to the presence of parliamentary form of government, the work area of the cabinet is not just limited to policy formation instead it also provides its guidance in the formation of laws. After policy formation, the progamme to form laws is also drafted by the cabinet and the cabinet members present all the important resolutions in the house.


  1. Supreme control on National Executive

In principle form, the entire executive power of the union government vests with the President, but in practice, this type of entire executive power is used by the cabinet. Various department heads are present in the cabinet. They run their respective departments and control their working. 


  1. Financial Powers 

The cabinet is also responsible to form the economic policy of the country. In order to fulfill this responsibility, the annual possible account of the country's income and expenditure (the budget) is presented in front of the Parliament. The budget is prepared by the finance minister on the basis of the policy formed by the cabinet and he also presents it in the Lok Sabha. The cabinet also presents other money bills in front of the Lok Sabha. 


  1. Conducting foreign affairs

Foreign affairs of India are handled by the cabinet. It makes declaration regarding war and peace and decides what type of relationship and pacts should be made with foreign countries. 


  1. Powers regarding appointment

Powers regarding appointment of important officers which have been provided to the President by the constitution, are, in fact, exercised by the cabinet. 

Judiciary 

Judiciary is the third organ of the government. 

Formation of the Supreme Court 

1. Number of judges

In the beginning, there was a provision of one Chief Justice and seven other judges for the Supreme Court. The number of judges including the Chief Justice was increased to 31 in the year 2008. The President appoints the judges of the Supreme Court. In context to the appointment of the Chief Justice, the President takes advice from such other judges of the Supreme Court or High Courts. 


Collegium system

At present, a system appoints the judges of the Supreme Court and High Courts. According to this, a group consisting of the Chief Justice of the Supreme Court and four senior-most judges propose the names of judges to the President and the President appoints the judges from the proposed list of names.


Eligibility/Qualification for Judges:

Judges of the Supreme Court should fulfill following eligibility criteria.

  • The person should be a citizen of India.

  • The person should have worked for at least five years as a judge in any High Court or in two or more courts. OR The person should have worked as an advocate in any High Court or in other courts continuously for 10 years.

3. Executive and Impeachment

Normally, every judge of the Supreme Court remains in office till the age of 65 years. But, he/she can voluntarily resign before the completion of his tenure. The Parliament can also remove a judge from his/her post due to his/her mis-conduct or incapability. If both the respective houses of the Parliament prove a judge to be incapable or misconduct through two-third majority of their members, then the judge will have to leave his office by order of the President of India. 

4. Salary, allowances and other facilities

The Chief Justice of the Supreme Court receives a salary of Rs. 1 lakh per month and other judges get a monthly salary of Rs. 90,000. Salaries and allowances are reconsidered from time to time. Arrangement of pension and gratuity has also been made for the judges. 


5. Quittances : The judges have been provided freedom from criticism regarding their working and decisions. 

6. Headquarters of the Court 

According to article 130, the headquarters of the Supreme Court is in Delhi.

7. Restrictions on judges 

According to the provisions of the constitution, a person who has remained as a judge of the Supreme Court is not allowed to practice in any court or practice in front of any officer after his retirement.

Jurisdiction Powers and Functions of the Supreme Court 

The Indian constitution has given immense power to the Supreme Court which are  following-

1. Original Jurisdiction 

Original jurisdiction of the Supreme Court can be divided into the following

  1. Original single jurisdiction- Original single jurisdiction refers to those disputes which can be heard only by the Supreme Court. 

Following subjects are included in the original single jurisdiction of the Supreme Court


i. Dispute between the government of India and one or more state governments. 

ii. Dispute between the Government of India, any state or states of union and one or more states.

iii. Dispute between two or more than two states regarding constitutional subjects. 


  1. Original concurrent jurisdiction- Both the Supreme Court and the High Court have been given the right to implement the fundamental rights provided by the constitution. Therefore, disputes regarding these fundamental rights are firstly presented in the High Court of the respective state or can directly be presented in front of the Supreme Court if required.

 2. Appellate Jurisdiction 

The Supreme Court has the authority to hear appeals against the decisions made by the High Courts of all the states. Appellate jurisdiction of the Supreme Court can be divided into the following four categories: 

Constitutional, civil, criminal and specific.


  1. Constitutional- According to article 132 of the constitution, if the High Court proves that an important question regarding the law of interpreting the constitution is present in a dispute, then appeal against the decision made by the High Court can also be made in the Supreme Court. 

  2. Civil- In the beginning, the constitution provided in this context that in the Supreme Court, only such  cases from the High Court could be heard, in which the disputed amount is more than 20,000 rupees, but as per the 30th constitutional amendment of 1973, this restriction of limit of amount (20,000) has been removed and this has been provided that all such civil cases can be presented in the High Court. 

  3. Criminal- In the Supreme Court, appeal can be made against the decision of High Court in such criminal cases- 

(i) in which a subordinate court has released a criminal and the High Court has rejected this decision and sentenced the convicted person to death; 

(ii) in which the High Court hears a case of a subordinate court and sentenced the convicted person to death; or 

(iii) if the High Court proves that a case is liable to be heard by the Supreme Court.

  1. Specific- There can be certain specific cases which do not come in the above mentioned categories and in which it is important for the Supreme Court to interfere. Therefore, according to section 135, the Supreme Court has been given this right that except military court, the Supreme Court gives permission to hear appeals against the decision made by any High Court or Tribunal. 

3. Power to give special order for appeal

According to article 136, the Supreme Court has the power to hear appeals against the decision made by any High Court or Tribunal except the military court. There is no constitutional restriction on this power of the Supreme Court. 

4. Advisory Jurisdiction 

The constitution has also given advisory jurisdiction to the Supreme Court.

According to article 143, if the President feels at some time that such a judicial or factual question of public importance has risen, then it can take advice from the Supreme Court regarding such a question. The President has the right to accept or reject the advice of the Supreme Court. 

5.Court of Record 

Article 129 provides the Supreme Court the status of the court of record. There are two implications of the court of record- Firstly, the decisions of this court will be regarded as proof everywhere and in case they are present in any court no question regarding their authenticity will be voiced. Secondly, this court can punish anyone charging him with contempt of court.

6. Protector of Fundamental Rights

The Supreme Court of India is the protector of fundamental rights of the citizens. In order to implement the fundamental rights, the court has the authority to issue writs in the nature of Habeas Corpus,Mandamus, Prohibition ,Quo-Warranto and Certiorari, whichever may be appropriate as per circumstances. 

7. Guardian of the constitution Power of Judicial Review 

The constitution has also conferred the responsibility of protecting the constitution to the Supreme Court. This means that the Supreme Court has the authority to examine the validity of laws formed. Article 131 and article 132 gives the Supreme Court the authority to review the laws formed by the union or state governments. Therefore, if the Union Parliament or state legislatures violate the constitution or form a law which is against the provision of fundamental rights, then such a law formed by the Union Parliament or state legislatures can be declared as unconstitutional by the Supreme Court. This power of the Supreme Court is known as "Power of Judicial Review'.