By Fatskills Exam Guides Team — the exam nerds behind 28,500+ quizzes and 2.1M practice questions across 500+ global exams.
Governor ▸ The Governor is the Constitutional Head of the state and the same Governor can act as Governor of more than one state (Articles 153 and 154).▸ Under Article 155, the Governor is appointed by the President. Article 156 states that the Governor holds office during the pleasure of the President.Qualification Under Article 158, the Constitution lays down the following conditions for the Governor's office▸ Must be citizen of India.▸ Completed 35 years of age.▸ Shall not be a member of both the Houses of Parliament or of a House of Legislative Assembly or Legislative Council (if any).▸ Shall not hold office of profit.
Use his official residence (Raj Bhawan) without payment of rent. When same person is appointed as the Governor of two or more states, the emoluments and allowances payable to him are shared by states as determined by the President.▸ Salary of the Governor is ` 1.1 lakh per month.
His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the senior, most judge of that court.
Under Article 156 (a) the Governor shall hold office during the pleasure of the President; (b) may resign by writing under his hand addressed to the President; (c) hold office for a period of 5 years. Governor shall hold office until his successor enters upon his office.
Executive Powers The executive power of the state shall be vested with the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. These powers are as▸ All executive actions of the Government of a State are formally taken in his name. He can make rules for more convenient transaction of the business of a State Government.▸ Appoints the Advocate General of a State (Article 165), State Election Commissioners, Chairman and members of the State Public Service Commission, VCs of Universities.▸ He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister.Legislative Powers ▸ Governor is an integral part of the State Legislature. He has the right of addressing and sending messages and of summoning, proroguing and dissolving the State Assembly.▸ He has the power to nominate one member of Anglo-Indian Community to the Legislative Assembly of the state.▸ He nominates 1/6th members of Legislative Council.Financial Powers State budget is laid before the State Legislature by him.He constitutes a State Finance Commission after every five years to review the financial position of the Panchayats and the Municipalities.Judicial Powers ▸ He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter, to which the executive power of the state extends.▸ He cannot pardon a death sentence even if a State law provides for death sentence.Emergency Powers ▸ The Governor has no emergency powers to counter external aggression or armed rebellion.▸ He reports to the President, if the State Government is not running constitutionally and recommends to the Union Government, President's Rule (Article 356). When President's rule comes into force in any state, the Governor runs the state with the help of advisers on behalf of the President.
ChiefMinister is the Real Executive Head of the State Government. His position at the state level is analogous to the position of the Prime Minister at the centre.
Article 164, says that Chief Minister shall be appointed by the Governor. This does not means that the Governor is free to appoint any one as a Chief Minister.
▸ Oath of the office of Chief Minister is administered by the Governor or person appointed by him for this purpose.▸ A person, who is not a member of State Legislature can be appointed, but he has to get himself elected within 6 months otherwise he is removed.▸ The term of the CM is not fixed and he holds office during the pleasure of the Governor.▸ He cannot be dismissed by the Governor as long as he enjoys the majority support in the Legislative Assembly.▸ The salary and allowances of the Chief Minister are determined by the State Legislature.
The CM as a head of the CoMs, enjoys the following powers▸ The Governor appoints only those persons as ministers, who are recommended by the Chief Minister.▸ He allocates and reshuffles the portfolios among ministers.▸ He can ask a minister to resign or advise the Governor to dismiss him in case of difference of opinion.▸ He presides over the meetings of the Council of Ministers and influences its decisions.▸ He aids, directs, controls and coordinates the activities of all the ministers.In Relation of the Governor He is the principle channel of communication between the Governor and the Council of Ministers.
▸ Advises the Governor with regard to summoning and proroguing the sessions of the State Legislature.▸ Recommend the dissolution of the Legislative Assembly to the Governor at any time.
▸ The CoMs headed by CM is the real executive authority in the Political-administrative system of the state.▸ Articles 163 and 164 deal with Council of Minister, in the states.
▸ Oaths of office and secrecy is administered by the Governor or person appointed by him for this purpose.▸ Salary and allowances are determined by the State Legislature fromtime to time.
There is no uniformity in the creation of State Legislatures. Most of the states have unicameral system (single house), only 7 states Andhra Pradesh, Bihar, Jammu, Kashmir, Karnataka, Maharashtra, Uttar Pradesh and Telengana are having Bicameral (Double House). The Tamil Nadu legislative Council Act, 2010 has not come into force.
▸ The Legislative Assembly (Vidhan Sabha) consists of not more than 500 members and not less than 60 members. However, the Legislative Assembly of Sikkim, Goa, Mizoram Arunanchal Pradesh, Nagaland and Puducherry have less than 60 members.
▸ As per Article 169, if the Legislative Assembly passes a resolution for abolishing or creating of the Legislative Council by a majority of the total membership of the assembly and by a majority of not less than two-third of the members present and voting, the Parliament may approve the resolution by a simple majority to create or abolish the Legislative Council.
Of the total number of members of a Legislative Council▸ 1/3rd Elected from local bodies (municipalities and district boards).▸ 1/12th Elected by graduates of 3 years standing and residing in the state.▸ 1/12th Elected by teachers of 3 years standing in the state, not lower in standard than secondary school.▸ 1/3rd Elected by the members of the Legislative Assembly of the state from amongst person, who are not members of the assembly.▸ Rest (1/6th) are nominated by the Governor from persons of special knowledge or practical experience of literature, science, art, cooperative movement and social service.▸ 5/6th of total number of members of Legistative Council are indirectly elected, and 1/6th are nominated by Governor.
Qualification Under Article 173, they must fulfil the following conditions (a) He must be a citizen of India. (b) Hemustmake and subscribe before the person authorised by the Election Commission an oath or affirmation according to the form prescribed in the Third Schedule. (c) He must be not less than 30 years of age in the case of the Legislative Council and not less than 25 years of age in the case of the Legislative Assembly. (d) He must possess other qualifications prescribed by Parliament, under Representation of People Act (1951). Oath or Affirmation It is administered by Governor or person appointed by him for this purpose.Vacation of Seats (in cases of) ▸ Double membership ▸ Disqualification▸ Resignation▸ Absence (more than 60 days without permission) Other cases▸ if his election is declared void by the court, if he is expelled by the House,▸ if he is elected for the office of the President or office of Vice-President, if he is appointed to the office of Governor of a state.
Legislative Assembly Same as Lok Sabha. Leglislative Council Same as Rajya Sabha.
▸ Speaker/Deputy Speaker in Legislative Assembly (Article 178).▸ Chairman/Deputy Chairman in Legislative Council (Article 182).
Speaker of Assembly is elected by the Assembly itself fromamongst itsmembers. He can vacate his office earlier in any of the following three cases 1. If he ceases to be a member of the Assembly; 2. If he resigns by writing to the Deputy Speaker; and 3. If he is removed by a resolution passed by a majority of all the members of the assembly. Such a resolution can be moved only after giving 14 days advance notice. (Article 179).
▸ He maintains order and decorum in the Assembly for conducting its business and regulating its proceedings.▸ He adjourns the Assembly or suspends the meeting in the absence of a quorum.▸ He does not vote in the first instance. But, he can exercise a casting vote in the case of a tie.▸ He can allow a secret sitting of the House at the request of the leader of the House.▸ He decides whether a bill is a Money Bill or not and his decision on this question is final.▸ He decides the questions of disqualification of a member of the Assembly, arising on the ground of defection under the provisions of the Tenth Schedule.▸ He appoints the Chairman of all the committees of the Assembly and supervises their functions.
The Chairman is elected by the council itself from amongst its members. The Chairman vacates his office in any of the following three cases 1. If he ceases to be a member of the council, 2. If he resigns by writing to the Deputy Chairman; and 3. If he is removed by a resolution passed by a majority of all the members of the council. Such a resolution can be moved only after giving 14 days advance notice.
▸ A Money Bill can be introduced only in the Legislative Assembly. The Assembly is not bound to accept any recommendation by the council, it may at the most withhold the bill for 14 days from the date of its receipt. (Article 198).▸ In case of an Ordinary Bill, the Legislative Council can hold the bill for a maximum of three months. There is no provision for joint sitting in case of difference between the two Houses.
▸ It participates in the election of the President.▸ It can remove the Council of Ministers by passing a No-Confidence Motion.▸ It controls the executive by various financial committees. It ratifies certain Constitutional Amendments, in which participation of half of the State Legislatures is required.
HIGH COURT ▸ Every High Court (whether exclusive or common) consists of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint. Thus, the Constitution does not specify the strength of a High Court and leaves it to the discretion of the President.▸ Accordingly, the President determines the strength of a High Court from time to time depending upon its workload.▸ The Constitution of India provides a High Court for each state, but the 7th Amendment Act of 1956, authorised the Parliament to establish a common High Court for two or more states or a state and a union territory.▸ The territorial jurisdiction of a High Court is co-terminus with the territory of a state.▸ As of 2019, there are 25 High Courts in India. Telangana is the 25th High Court.
Appointment of Judges ▸ Under Article 217, The judges of the High Court are appointed by the President.▸ The Chief Justice of the High Court is appointed by the President after consultation with the Chief Justice of Supreme Court and Governor of the concerned state.Qualification of Judges ▸ He should be a citizen of India.▸ He should have held a judicial office in the territory of India for 10 years. or▸ He should have been an advocate of a High Court (or High Courts in succession) for 10 years.Oath Oath is administered by Governor or person appointed by him for this purpose.Tenure ▸ He holds office until he attains the age of 62 years. Any questions regarding his age is to be decided by the President and is considered as final.Removal ▸ He can resign his office by writing to the President.▸ He can be removed from his office on the recommendation of the Parliament (same as Judge of SC).▸ He vacates his office when he is appointed as a Judge of the Supreme Court or when he is transferred to another High Court.Salaries and Allowances ▸ Determined by Parliament from time to time.▸ Present salary of Chief Justice of High Court is ` 2,50,000 and that of Judge of High Courts is ` 2,25,000Independence of High Court Following provisions are made to safeguard and ensure the independence of High Court▸ Mode of appointment.▸ Security of tenure.▸ Fixed service conditions.▸ Expenses charged on the consolidated fund of state.▸ Conduct of judge cannot be discussed.▸ Ban on practice after retirement.▸ Power to punish for its contempt.▸ Freedom to appoint its staff.▸ Its jurisdiction cannot be curtailed.▸ Separation from executive.Jurisdiction and Powers of High Court At present, a High Court enjoys the following jurisdiction and powers▸ Original jurisdiction▸ Writ jurisdiction (Article 226)▸ Appellate jurisdiction▸ Supervisory jurisdiction▸ Control over subordinate courts.▸ A court of record.▸ Power of judicial review. The Supreme Court can issue writ jurisdiction, only where a Fundamental Right has been infringed. High Court can issue these writs Under Article 226 not only in such cases, but also where an ordinary legal right has been infringed. High Court does not have advisory power as in case of Supreme Court.
Articles 233 to 237 in Part VI of the Contitution make the provisions to regulate the organisation of subordinate courts and to ensure their independence from the executive.Appointment of District Judges The appointment, posting and promotion of district judges in a state are made by Governor of the State in consultation with the High Court. A person to be appointed as district judge should have the following qualifications▸ He should not already be in the service of the Central or the State Government.▸ He should have been an advocate or a pleader for seven years.▸ He should be recommended by the High Court.Appointment of Other Judges Appointment of persons (other than district judges) to the judicial services of a state are made by the Governor of the State after consultation with the State Public Service Commission and the High Court.
The Nyaya Panchayats are the judicial bodies in village, which provide speedy and inexpensive justice for all petty civil suits. Usually, their domain of jurisdiction is limited to four to five villages only. They can impose only monetary fines at the most, as punishments are barred from the power to award imprisonment sentences (except Bihar).
The federal system adopted in India involves division of authority between the union and the states. Relations between the union and states can be studied under the following parts.
245-255)▸ The Constitution divides the subjects into the Union List (100 subjects), the State List (61 subjects) and the Concurrent List (52 subjects). Enumerated in the Seventh Schedule under Article 246. Parliament has exclusive power to legislate on subjects mentioned in the Union List. This list contains subjects like defence, foreign affairs, atomic energy etc.▸ State Legislatures have exclusive power to legislate on subjects mentioned in the State List. The State List contains subjects like health, sanitation, public order, agriculture etc. Both Parliament and State Legislatures can legislate on subjects mentioned in the Concurrent List. This list contains subjects like criminal law, forests, education, marriage and divorce etc.▸ Residual Powers (i.e. subjects not included in any of the list) rest with Union Government.
▸ Lok Adalat (People's Courts), established by the government, settles disputes through conciliation and compromise. The first Lok Adalat was held in Gujrat on 14th March, 1982.▸ The Lok Adalat is presided over by a sitting or retired judicial officer as Chairman, with two other member, usually a lawyer and a social worker. There is no court fee. If the case is already filed in a regular court, the fee paid is refunded if the dispute is settled at the Lok Adalat.▸ Lok Adalat is very effective in settlement of money claims. Disputes, like partition suits, damages and matrimonial cases, can also be easily settled in Lok Adalat, as chances of compromise through give and take approach stand high in such cases.▸ Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.▸ Lok Adalats have been given the status of a Civil Court and every award made by the Lok Adalat is final and binding on all parties and no appeals lies to any court against its award.
(Art. 256-263)The states are expected to comply with the Laws of the Parliament and not impede the exercise of the Executive Powers of the Union (Articles 256, 257). In this regard, the Union Government can issue necessary directives to the states. All disputes between states regarding the use, distribution or control of water are decided by the centre (Article 262).
▸ The states are greatly dependent on the Central Government for finance. The State Governments have been provided independent sources of revenue, but these are inadequate.▸ The Union Government has the power to borrow from within India or outside, subject to the limits laid down by the Parliament, the borrowing power of the states is subject to several limitations and the cannot borrow from outside India.
▸ Six zonal councils have been established to discuss and advise on matters of common interest. The Union Home Minister has been nominated to be the common Chairman of all Zonal Councils. Set-up under State Reorganisation Act, 1956.▸ Northern Zonal Council Consist of Punjab, Rajasthan, Haryana, Jammu and Kashmir, Himachal Pradesh, Chandigarh and Delhi. Headquarters–New Delhi▸ Central Zonal Counil Uttar Pradesh, Uttarakhand, Chhattisgarh and Madhya Pradesh. Headquarters–Allahabad▸ Eastern Zonal Council Bihar, Jharkhand, West Bengal and Odisha. Headquarters–Kolkata▸ Western Zonal Council Maharashtra, Goa, Gujarat and UTs of Dadra and NagarHaveli and Daman Diu. Headquarters– Mumbai▸ Southern Zonal Council Andhra Pradesh Tamil Nadu, Karnataka, Kerala and UT of Puducherry. Headquarters–Chennai▸ North Eastern Council It was created in 1971 by a separate Act of parliament for Assam, Manipur, Tripura, Meghalaya, Nagaland, Mizoram and Arunachal Pradesh. In 1994, Sikkim was included in it.
In April, 2007, a new commission was set-up to re-examine centre-state relations. The commission was headed by former Chief Justice of India MM Punchhi. The major recommendations of the Punchhi Commission can be summed up as follows▸ There should be an amendment in Articles 355 and 356 to enable the centre to bring specific trouble-torn areas under its rule for a limited period.▸ Inter-State Relation An Inter- State Council can be established by the President under Article 263 of the Constitution of India. The function of the Inter-State Council is to investigate and discuss subjects in which states and union have a common interest. It also makes recommendations for better co-ordination of policy and action with respect to a subject.▸ Under Article 262, Parliament has constituted the Inter-State Water Disputes Tribunal for adjudication of disputes between states for the waters of any inter-state river or river valley.▸ Inter-state river water disputes are excluded from the jurisdiction of all courts including the Supreme Court.▸ The commission has proposed ''localising emergency provision'' under Articles 355 and 356, contending that localised areas either a district or part of a district be brought under government rule instead of the whole state.▸ The commission supports the Governor's right to give sanction for the prosecution of ministers against the advice of the State Government.▸ There should be changes in the role of the Governor including fixed five year tenure as well as their removal only through impeachment by the State Assembly.▸ It has been proposed that the appointment of Governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and Chief Minister of the concerned state.
It was set-up in June, 1983, by the Central Government of India to examine the relationship and balance of power between states and centre. It was headed by Justice Rajinder Singh Sarkaria, a retired Judge of the Supreme Court of India.
▸ Article 370 of the Indian Constitution accords special status to the State of Jammu and Kashmir. The Constitution specifically stipulates that the provisions with respect to the State of Jammu and Kashmir are of purely temporary nature. The prominent features of the special relationship of the State of Jammu and Kashmir with the Indian Union are as follows▸ The union has no power to make a proclamation of Financial Emergency with respect to state of Jammu and Kashmir under Article 360.▸ Jammu and Kashmir has its own Constitution, which was framed by a special Constituent Assembly and came into being on the 26th January, 1957.▸ The Parliament cannot increase or decrease the area of the state or alter the name or boundary of the state without the consent of the State Legislature. The State Government shall be consulted by the centre before appointing a person as the Governor of Jammu and Kashmir.▸ It has dual citizenship. Only the citizens of Jammu and Kashmir can take part in the election of the State Assembly and only he can buy immovable property in Jammu and Kashmir.▸ The Parliament can make laws with regard to Jammu and Kashmir only on subjects meantioned in the Union List and not on the State List.▸ The residuary powers in respect of Jammu and Kashmir rest with the State Government and not the Union Government.▸ Besides the President's Rule, the Governor's Rule can also be imposed for a maximum period of six months, in case of constitutional breakdown in the state.▸ The President of India can proclaim National Emergency on grounds of war and external aggression and not on grounds of armed rebellion.▸ No preventive detention law made by the Parliament can have automatic extension to Jammu and Kashmir.
Join 4M+ learners. Unlock unlimited quizzes, wrong-answer tracking, flashcards + reminders, study guides, and 1-on-1 challenges.