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UGC NET LAW (058) · UNIT 02 · MODULE 6: RECENT CASES, DOCTRINES, COMPARISONS AND STATUTES · TOPIC 21

Comparison Tables: Frequently Tested

Five side-by-side tables for the pairs examiners compare most often.

  • 5 sub-topics
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  • Topic 21 of 25

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  1. 21.1President vs. Governor: Key DifferencesFeature President Governor Article 52 153 Appointed by Elected by electoral college President (by warrant) Term 5 years (Art. 56) 5 years or pleasure of President (Art. 156)…
  2. 21.2Lok Sabha vs. Rajya Sabha: Key DifferencesFeature Lok Sabha Rajya Sabha Article 81 80 Composition Max 543 elected (after 104th Amendment) Max 250 (238 elected + 12 nominated) Duration 5 years normal term; can be…
  3. 21.3National Emergency vs. President's Rule vs. Financial EmergencyFeature National Emergency (Art. 352) President's Rule (Art. 356) Financial Emergency (Art. 360) Ground War, external aggression, armed rebellion Constitutional machinery…
  4. 21.4Article 32 vs. Article 226: Writ JurisdictionFeature Article 32 (Supreme Court) Article 226 (High Court) Purpose Only for enforcement of Fundamental Rights For enforcement of any legal right Who can file Any person…
  5. 21.5Certiorari vs. Prohibition: ComparisonFeature Certiorari Prohibition Nature Curative Preventive When issued After a decision is made Before a decision is made Purpose To bring up record and quash the decision To…

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21.1President vs. Governor: Key Differences#

In brief

Feature President Governor Article 52 153 Appointed by Elected by electoral college President (by warrant) Term 5 years (Art. 56) 5 years or pleasure of President (Art. 156)…

Feature President Governor
Article 52 153
Appointed by Elected by electoral college President (by warrant)
Term 5 years (Art. 56) 5 years or pleasure of President (Art. 156)
Qualifications Art. 58 — citizen, 35 yrs, qualified as LS member Art. 157 — citizen, 35 yrs
Pardoning power Art. 72 — death sentences, court martial, Union laws Art. 161 — State law offences; NOT death sentences
Ordinance Art. 123 — when Parliament not in session Art. 213 — when State Legislature not in session
Assent to Bills Art. 111 — cannot withhold after reconsideration Art. 200 — cannot withhold after re-passing; wider reservation power
Removal Art. 61 — impeachment by Parliament Art. 156(1) — pleasure of President; B.P. Singhal limits
Immunity Art. 361 — complete immunity during tenure Art. 361 — complete immunity during tenure
Advisory opinion Art. 143 — can refer to SC No equivalent
Emergency Art. 352/356/360 — proclaims emergencies Art. 356 — recommends only; does not proclaim

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21.2Lok Sabha vs. Rajya Sabha: Key Differences#

In brief

Feature Lok Sabha Rajya Sabha Article 81 80 Composition Max 543 elected (after 104th Amendment) Max 250 (238 elected + 12 nominated) Duration 5 years normal term; can be…

Feature Lok Sabha Rajya Sabha
Article 81 80
Composition Max 543 elected (after 104th Amendment) Max 250 (238 elected + 12 nominated)
Duration 5 years normal term; can be dissolved Permanent; cannot be dissolved; 1/3 retire every 2 years
Presiding officer Speaker (elected by Lok Sabha) VP (ex-officio Chairman)
Money Bills Introduced only here; Rajya Sabha's role is recommendatory Can only recommend within 14 days; Lok Sabha may reject
Joint sitting Art. 108 — President summons for deadlock Same
Special powers Art. 352 revocation by simple majority resolution Special role — Art. 249 (national interest legislation), Art. 312 (All India Services)
National Emergency disapproval Lok Sabha ALONE by simple majority — Art. 352(8) Cannot act alone to disapprove

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21.3National Emergency vs. President's Rule vs. Financial Emergency#

In brief

Feature National Emergency (Art. 352) President's Rule (Art. 356) Financial Emergency (Art. 360) Ground War, external aggression, armed rebellion Constitutional machinery…

Feature National Emergency (Art. 352) President's Rule (Art. 356) Financial Emergency (Art. 360)
Ground War, external aggression, armed rebellion Constitutional machinery failure Financial stability/credit threatened
Cabinet advice needed Yes — written Yes — through President Yes
Parliament approval Special majority within 1 month Simple majority within 2 months Simple majority within 2 months
Duration 6 months (renewable by special majority every 6 months) 6 months (max 3 years with conditions) No maximum period
Effect on FRs Art. 19 suspended (Art. 358); others by Art. 359 order (not Arts. 20/21) No FR suspension per se No FR suspension
Effect on States Parliament legislates on State List State Legislative Assembly dissolved/suspended Centre controls State finances
Proclaimed in India 1962, 1965, 1971, 1975 (4 times) Many times (over 125 times since 1950) Never
Revocable by Lok Sabha alone YES — simple majority (Art. 352(8)) No — requires both Houses No

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21.4Article 32 vs. Article 226: Writ Jurisdiction#

In brief

Feature Article 32 (Supreme Court) Article 226 (High Court) Purpose Only for enforcement of Fundamental Rights For enforcement of any legal right Who can file Any person…

Feature Article 32 (Supreme Court) Article 226 (High Court)
Purpose Only for enforcement of Fundamental Rights For enforcement of any legal right
Who can file Any person whose FR is violated Any person whose legal right is violated
Territorial jurisdiction Throughout India Within HC's territorial jurisdiction
Can be suspended Art. 359 — during Emergency (not Arts. 20/21) Cannot be suspended even during Emergency
Is it itself a FR YES — Art. 32(1) is a FR NO — Art. 226 is a constitutional power
Wider scope No — narrower (only FRs) YES — wider (any legal right)
Discretion SC has discretion but usually doesn't refuse HC has wider discretion; can refuse if alternative remedy

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21.5Certiorari vs. Prohibition: Comparison#

In brief

Feature Certiorari Prohibition Nature Curative Preventive When issued After a decision is made Before a decision is made Purpose To bring up record and quash the decision To…

Feature Certiorari Prohibition
Nature Curative Preventive
When issued After a decision is made Before a decision is made
Purpose To bring up record and quash the decision To stop the inferior tribunal from proceeding further
Against whom Inferior court/tribunal/quasi-judicial body Inferior court/tribunal/quasi-judicial body
Grounds Excess of jurisdiction, NJ violation, error on face of record Excess of jurisdiction, lack of jurisdiction

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