The Indian Constitution: Salient features - 10m

*The Indian constitution came into effect on Jan 26, 1950.

*Constitution is the fundamental body of rules and regulations policies procedures, principles framed by
the Govt.

*The basic objective of the constitution is to promote peace and harmony and fraternity among nations

*Constitution is referred as a fundamental law of land, rights of the state, instrument of the Govt

*We cannot imagine a nation without a constitution which becomes a very important part.

Definition- Constitution is defined as "the way of life, the state has chosen for itself, or constitution is an
instrument that certain rules and regulations which should be followed by the people of the nation.

Features of Constitution

*Constitution lays down fundamental structure of the sate

*Constitution represents the heart and soul of the state i.e. basic objectives of a state

*Constitution may be a product of deliberate creation or gradual evolution

* Constitution. may be written or unwritten.

* Constitution may be embodied in one or several documents.

* Constitution determines the structure and relationship b/w various organs of the Govt

Background

* It was framed b/w December 1946 and Decembre 1949. Indian National Movement against the
colonial rule.

* Mridula Mukherjee in her work of India since Independence has rejected the idea

* Constitutional initiatives made by the British in 1864, 1892, 1909, 1919 and 1935

* Home Rule Bill in 1895 which envisaged basic human rights such as freedom of expression, equality
before the law, right to inviolability of one’s home, right to property etc. for all citizens of India

*In 1992 Mahatma Gandhi in an article "Independence" published in Young India wrote that Swaraj
would not be a free of the British Parliament.
* The commonwealth of India Bill drafted in India to which Annie Taj Bahadar Spare Us Srinivasa Shastri
made input

* The Bill had its first reading in the Home of Commons in Dec 1925, and it was defeated

* India shall be placed an equal footing with the self-governing dominions.

*Boycott of Simon Commission in Dec 1929

*Congress declared complete independence.

*Lucknow session of the Congress in 1936.

*Cripps proposals of 1942.

*In Sept 1945 the newly elected labour govt in England announced that is planned to create

*A constituent assembly of India

*On March 15, 1946. The Cabinet Mission Lame to India

a. Constituent Assembly.

b. An interim govt

* The constituent assembly Dr. Rajendra Prasad Chairman. HC Mukherjee vice-president. Adopted 26th
Nov 1949. It took 2 years, 11 months and 18days to frame the constitution. The expenditure was
64,00,000.

*Dr. B.R Ambedkar Drafting was the chairman of the drafting committee.

* The constitution came into force on 26th Jan 1950 and had 395 articles, 22 parts and 8 schedules and a
preamble.

*At present the constitution of India is the longest written constitution in the world containing 465
articles in 25 parts, 12 schedules, a preamble and 118 amendments with 1,17,369 words in its English
language translation.

Salient features of Indian Constitution

* It is the lengthiest written constitution. At present 465 articles divided into 25 parts, 12 schedules and
a preamble.

* Unique blend of rigidity and flexibility

* Parliamentary form of Govt

* Federal system with unitary bias

* Sovereign, socialist, secular, democratic republic state

Lengthiest written constitution: Constitutions are classified into written or unwritten.

The Indian constitution has the distinction of being the lengthiest and detailed of all written
constitutions in the world. While the American constitution originally consists of only 7 articles.
Australian constitution consists of 128 articles.

*Fundamental rights

*Direction principle to policy

*Fundamental duties.

*Single citizenship

*Independent and Integrated Judiciary

*Emergency provisions

Preamble

The term preamble refers to the introduction to the constitution. It contains the summary of the
constitution. The American Constitution was the 1st to begin with a preamble. Later on, many countries
including India followed this practice. The preamble to Indian Constitution is which based on "the
objective resolution" was drafted and moved by Pandit Nehru and adopted by Constitution Assembly. It
has been amended by the 42nd Amendment Act in 1976 which added 3 new words Socialist, Secular and
Integrity.

Text of the Preamble

“WE THE PEOPLE OF INDIA having solemnly RESOLVED TO CONSTITUTE INDIA into a SOVEREIGN,
SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens.

A. JUSTICE-Social, Economic and Political

B. LIBERTY OF THOUGHT, EXPRESSION, BELIEF, FAITH and WORSHIP.

C. EQUALITY OF STATUS and OPPORTUNITY and to promote among them all

D. FRATERNITY assuring the dignity of individual and unity and integrity of the nation.

In our constituent assembly, this 26 day of November 1949 to hereby adopt enact and give to

ourselves this constitution.

4 Heads of the Preamble are

1. Source - We, the people of India

2. Types of Government to be established- Sovereign, Socialist, Secular, Democratic & Republic

3. Goals to be attained- Assuring all the citizens Justice in Social, Economic and Political with no
discrimination uplift the downtrodden

4. Enactment clause

CHAPTER-02: Fundamental Rights

Features of Fundamental Rights

*The fundamental rights guaranteed by the constitution are characterized by the following:

*Some of the rights are available only to the citizens while others are available to all persons whether
citizens, foreigners or legal persons like corporations or companies

*They are not absolute but qualified the state can impose reasonable restrictions on them whether such
restrictions are reasonable or not is to be decided by the courts. Thus, they strike a balance between the
rights of the individual and those of society as a whole b/w individual liberty & social control.

•Most of them are available against the arbitrary action of the state with the few exceptions like those
against the states’ action and against the action of private individual. When the rights that are available
against the states action only are violated by private individuals there are no constitutional remedies but
only ordinary legal remedies.

•Some of them are negative in character, i.e. place limitations are on the authority of the state, while
others are positive in nature, conferring certain privileges on the persons.

•They are justifiable, allowing persons to move the courts for their enforcement if and when they are
violated.

•They are defended and guaranteed by the Supreme Court. Hence the aggrieved person can directly go
to the can directly go to the Supreme Court, not necessarily by way of appeal against the judgement of
the high courts.

•They are not permanent. The parliament can curtail or repeat them but only by a constitutional
amendment act and not by an ordinary act. Moreover, this can be done without affecting the basic
structure of the constitution.

*They can be suspended during the operations of a national emergency except the rights guaranteed by
articles 20 and 21. Rights can be suspended only when emergency is declared on the grounds of war or
external aggression.

*Their scope of operation is limited by A-31 A-31B & A-31C

*Their application to the members of armed forces and analogous services can be restricted or
abrogated by the parliament

*Their application can be restricted while Martial law is in force in any area imposed under abnormal
circumstances to restore law and order and it is different from the imposition of national emergency.
Most of them are directly enforceable while a few of them can be enforced on the basis of law made for
giving effect to them. Such a law can be made only by the parliament and not by the state legislature. So
that uniformity throughout the country is maintained.

Classification of Fundamental Rights

The fundamental rights has assumed in the constitution can be classified as follows:

*Right to Equality (A-14 to 18)

*Right to Freedom (19 to 22)

*Right against Exploitation (A-23 and 24)

*Right to freedom of religion (A-25 to 28)

*Cultural and Educational Rights (A-29 to 32)

*Right to constitutional remedies (A-32)

DPSP
Fundamental Duties

The fundamental duties were incorporated in the constitution in form of DPSP. Later in 1976 the
fundamental duties of citizen were added in the constitution which was inspired by the constitution of
USSR. In 1976 the Congress Party set up the Sardar Swaran Singh Committee to make recommendation
about fundamental duties, the need and the necessity of which was felt during the operation of internal
emergency and so the committee recommended the inclusion of a separate chapter on fundamental
duties in the constitution. It stressed that in addition to the enjoyment of rights, they also have certain
duties to perform as well. The Congress Govt at the center accepted these recommendations & enacted
the 42nd constitutional amendment act in 1976. This amendment added a new part namely part IV A to
the constitution which consists of only one article 51A which for the first time specified a code of 10
Fundamental Duties of the Citizens.

List of Fundamental Duties

According to A-51A it shall be the duty of every citizen of India.

*To abide by the constitution and respect its Ideals & institution, the rational flag and the national
anthem

*To cherish and follow the noble ideals that inspired the National struggle for freedom.

*To uphold and protect the sovereignty, unity, and integrity of India.
*To defend the country and render national services when called upon to do so.

*To promote harmony and spirit of common brotherhood amongst all the people of India transcending
religions, linguistic and regional or sectional diversities and to renounce practices derogatory to the
dignity of women.

*To value and preserve the rich heritage of the country's composite culture.

*To protect and improve the natural environment including forests, lakes, rivers and wildlife to have
compassion for living creatures

*To develop scientific temper humanism the spirit of inquiry and reform

*To safeguard public property and to avoid violence

*To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.

*To provide opportunities for education to his child between the age of 6 and 14 years. This duty was
added by the 86th Constitutional Amendment Act 2002

Directive Principles Of State Policy

Fundamental rights are to the people of our country and directive principles of state policy are for the
state the constitution makers have laid down a set of guidelines introductions directions to the state in
order to attend the goals of our constitution. They are enumerated in part four of the constitution from
article 36 to 51. Dr. B.R. Ambedkar describes these principles as “novel features” of the constitution. The
transformation of all modern states from a more _______ state. i.e. protecting the life and property of
the people to a welfare state wherein the state aims at satisfying the needs of the people is DPSP.

The DPSP are the ideals which the union and the state governments must keep in mind while they pass
pass any law or formulate a policy. This novel feature of the constitution is borrowed from the
constitution of Ireland and this principle resemble “The Instrument of Instructions” enumerated in the
Government of India act 1935.
Article 37 provides that these guidelines form the basis in the government of the country and they are
non-justifiable or non-enforceable. Dr. B.R. Ambedkar says in the Constitution Assembly that if any
government ignores them, they will certainly have to answer for them before the election.

Classification Of Directive Principles

The DP can be classified into 3 broad categories:

1. Socialist Principle
2. The Gandhian Principle
3. Liberal Intellectual Principle
Multiple Choice Questions
1. A preamble is
a. Fundamental Right b. DPSP
c. Fundamental Duty d. Introduction to Constitution

2. Right to freedom is
a. Fundamental Right b. Fundamental Duty
c. Directive Principal d. Introduction to Constitution

3. Directive Principles of State Policy included in IC have been inspired by the constitution of
a. USA b. Ireland
c. Canada d. Australia

4. Which of the following is not a Fundamental Right

A. Right to Equality B. Right Against Exploitation
C. Right to Property D. Right to Freedom

5. Objective Resolution was laid down by

A. Dr. Br Ambedkar B. Jawahar Lal Nehru
C. Dr. Rajendra Prasad D. Radhakrishnan

6. When did the constitution of India come into force?

a. 26th November 1949 b. 26th November 1950
c. 26th January 1949 d. 26th January 1950

7. Fundamental Rights are extracted from which constitution

a. USA b. USSR
c. UK d. New Zealand

8. Democracy means
A. People's Government B. Leaders’ Government
C. Police Government D. Military Government

9. ________ is guarding the Constitution

A. Supreme Court B. Parliament
C. Resident And D. Police Department

10. The Architect of the Indian Constitution is

A. K.M Munshi B. Dr. Radhakrishnan
C. M.K. Gandhi D. Dr. B.R Ambedkar

11. What do you mean by fraternity?

A. Motherhood B. Fatherhood
C. Sisterhood D. Brotherhood
12. Respecting the Indian Constitution is
A. Preamble B. Fundamental Right
C. Civil Right D. Fundamental Duty

13. Which country’s constitution is the world's largest constitution?

a. India b. England
c. America d. France

14. Indians are enjoying

A. Double Citizenship B. Single Citizenship
C. Triple Citizenship D. None

15. According to constitution

A. Federation of States B. Quasi Federation of States
C. Union of States D. None of The Above

16. At present what is the number of schedules and parts of the Indian Constitution?
A. 5 Schedules And 12 Parts B. 12 Schedules And 25 Parts
C. 8 Schedules And 8 Parts D. None of The Above

17. Who was the chairman of the drafting committee for the constitution?
a. Dr. Rajendra Prasad b. Sarvepalli Radhakrishnan
c. Dr. B.R. Ambedkar d. Sachidananda

18. What is the full form of NRI?

A. Non-Resourceful Indian B. Non-Resident Indian
C. Neo Regional Indian D. Non-Regional Indian

19. The Constitution of India does not mention the post of

A. Deputy Chairman of Rajya Sabha
B. Deputy PM of India
 Unit – 02
Chapter-03
Union Government

Union Parliament
- Upper House - Rajya Sabha - Council of States - 245 Members
- Lower House - Lok Sabha - House of The People - 545 Members

President
A-52-78 in Part V of the constitution deal with the union executive. The union executive consists of
President, Vice President, Prime Minister, Council of Ministers, and the attorney general of India. The
president is the head of the Indian state. He is the first citizen of India and acts as the symbol of unity,
integrity, and solidarity of the union.

Qualifications for Electing as President

In order to be qualified for the election as president a person must be
*Citizen of India
*Should have completed age of 35 years
*should be qualified for being elected as a member of house of people (Lok Sabha) and not hold any
office of profit under the government of India any state government or under any local authority or any
other authority of the said government.

Process Of Election Of The President

The president is indirectly elected by an electoral college which consists of
a. Elected members of both the Houses of Parliament
b. The elected members of legislative assemblies of state (MLAs)
c. The elected members of legislative assemblies of Union Territories of Delhi and Pondicherry

The voting is by secret ballot.

He/she is elected according to the system of proportional representation by means of a single
transferable vote. The elected president takes an oath before the Chief Justice of India.

Term of Office
The president is elected for a term of five years but can continue even after the expiry of his term until
his successor enters the office. A vacancy can occur in the office of the president either due to
- His or her death
- His or her resignation
- Removal from office by impeachment
The Vice President acts as President until a new President and not more than six months. In case of
resignation the President can address his resignation letter to the Vice President.

Emoluments and Allowances of the President are determined by President’s Emoluments Act and
Pension Act.
-He is entitled to without payment of rent use his official residence popularly known as the Rashtra Pati
Bhavan in New Delhi.
-He gets a monthly pension of 50% of emoluments per month for remaining life

Powers of President
The President is the executive head of the state. It is the highest public office in the country. All the
executive actions of the Government of India are carried out in his or her name.
The president has the following powers:

A. Executive Powers
*He/she appoints the PM who is the leader of the majority party a group of parties having majority in
lower house
*He/she also appoints other members of the Council of Ministers on the recommendations of the PM
*He/she appoints governors of state, the Attorney General of India, the Comptroller and the Auditor
General of India, the ambassadors and high commissioners as well as administrators of union territories.
*He/she also appoints the chairman and members of the Union Public Service Commission as well as the
Chief Justice and judges of the Supreme Court and High Courts.

B. Legislative Powers
The president addresses the parliament every year at the commencement of the first session and after
each general election to the Lok Sabha. He can also summon prorogues the sessions of parliament and
can dissolve the Lok Sabha on the advice of the commission of ministers. Without the President’s assent
a bill cannot become a law. The president can nominate 12 members to Rajya Sabha who have special
knowledge in the field of literature, art, science and social science. He can also nominate 2 members to
Lok Sabha from Anglo Indian community.

C. Judicial Powers
The president has the power to grant pardon, retrieve, respite, remit and commute the punishment.

D. Financial Powers
No money bill can be introduced in the Lok Sabha without his or her prior recommendation. The
president gives his consent to introduce the financial budget before the Lok Sabha.

The Diplomatic Powers are all international treaties and agreements are negotiated and concluded in
the President’s name.
The Military Powers are - he is the supreme commander of armed forces and appoints the chiefs of
Army Air force and Navy.

Emergency Powers - he can proclaim national state and financial emergency in abnormal situations
arising in the country like war or external aggression, failure of the constitutional missionary in the state
and deep financial crisis.

Prime Minister
PM is the most important functionary at the center. Though the president is the head of the state he
always acts on the aid and advise given by the council of minister with the PM at the head.
The President is bound to exercise all the powers exactly according to the advice of the Council of
Ministers headed by the PM. So, it is the PM who is the head of the Union Executive.
Appointment
The PM is appointed by the President, but the President has to invite that person to get majority in the
Lok Sabha to be the PM.

Functions
The constitution does not mention any specific provisions for the powers of the PM. He/she is the most
powerful functionary of the Union Government as PM at the head and council of the ministers
following.

*The PM makes an unmakes the Council of Ministers. It is on his or her recommendation that the
president appoints the members of Council of Ministers and distributes portfolios among them.

*He presides over the meetings of the cabinet and communicates its decision to the President.

*Acts as the link between the President and Council of Ministers.

*As and when the necessity arises, he or she may recommend to the President that the Lok Sabha will
dissolve and fresh general elections to be held.

*He is the ex-officio chairman of the Planning Commission as well as of the National Development
Council.
*He or she represents the Nation at the International Conference as the Head of the Government.

In fact, the PM is not only the leader of the majority party or the leader of the parliament but the leader
of the nation. His or her office is the office of power while that of the president is the office of honor,
respect, and dignity.

Union Council of Ministers

The constitution of India states that there shall be a Council of Ministers with the PM at the head to aid
and advise the President, who shall exercise his functions in accordance with the advice provided that
the president may require the Council of Ministers to recommend such advice either generally or
otherwise and the president shall act in accordance with the advice of Council of Ministers.

The numbers of Council of Ministers are appointed by recommendation of PM.

There are 3 categories of Council of Ministers:

a. Cabinet ministers: Known as ministers of cabinet rank, about 20 to 25 take charge of important
departments.
b. Ministers of State: Some of them hold independent charges of ministry while others are attached to
cabinet ministers.
c. Deputy Ministers

Position of the PM
The PM occupies a key position in the union government. He or she is the principal spokesperson and
defender of policies of the government in the parliament. The council of minister functions in his or her
team. The nation looks to him or her needed upon for needed policies and programs and required
actions. All international agreements and treaties with other countries are concluded with the consent
of the PM. He has a special status both in government and parliament. The PM chooses his team, that is
the Council of Ministers, very carefully and gets willing cooperation from them. He or she has to be very
vigilant and diplomatic to take major decisions regarding defense and security of the country. The PM
has to formulate policies to provide better living conditions, to maintain peace and friendly relations
with the neighbouring countries. Because of all this PM is the keystone of the cabinet arch.

State Governors
The constitution provides the post of the governor as a Head of A State In India appointed by the
president of India. He has dual role to play:

1. The constitutional Head of State

2. An agent of the Central government in a state

Qualifications to be appointed as the Governor of a State a person should be:

• Be a citizen of India.
• Have completed 35 years of age.
• Not be a member of the Union Parliament or the state legislature.
• Not hold any office of profit.

Term: The Governor is appointed for a term of five years. But before the expiry of his full term,
President can dismiss him from office. The governor may also resign on his own. His term of office may
be extended, and he may be transferred to another state. However, the State Government cannot
remove the Governor from his post.

Powers And Functions

Executive Powers
• The Governor is a chief executive in a state.
• All the executive powers of the state government are vested upon him, and decisions are taken
in his name.
• He appoints the chief minister and his Council of Ministers. He may dismiss the members of the
council of ministers on the advice of the chief ministers. The governor distributes the portfolios
among the members of the Council of Ministers.
• The governor makes some important appointments of the State Government, such as the
Advocate General, chairman and members of the State Public Service Commission and others.
• The Governor may call for information from the Chief Minister regarding the activities of the
State Government.
• He sends reports to the President over the situation of the state. The president imposes
emergency in a state under Article 356 on the basis of the report of the Governor.
• The Governor also acts as the Chancellor of State Universities.
Legislative Powers

• The Governor is an integral part of the state legislature, though he is not a member of either
House of it.
• He summons and prorogues the sessions of the State Legislature and he can dissolve the
Legislature Assembly.
• He addresses the members of the legislature, and may send messages.
• Without the governor’s assent no bill can become a law after it is passed by the legislature.
• Money bills can be introduced in the state legislative assembly only with the permission of the
governor.
• The governor may promulgate ordinances during the period when the Legislative Assembly are
both the houses of the legislature (when there are two houses) are not in session.
• The governor may nominate 1 member of the Anglo Indian community to the legislative
assembly if there are Anglo Indian people in the state and they are not duly represented in the
state legislature.
• He may also nominate one out of six members of the legislative council (where they are from
among persons who are experts in the fields of science, literature, arts, social services and
cooperative movements.)
• The governor makes the reports of various agencies placed on the floor of the State Legislature.

Financial Powers

• The Annual Budget of The State Government is laid before the legislature with the approval of
the Governor.
• The Governor must give his assent to money bills.

• The contingency fund of the state is also placed at the disposal of the governor.

Judicial Powers

The Governor has the power of granting pardon to the persons convicted by the courts of laws or
remitting or commuting their sentences. However, he cannot pardon a death sentence.

In practice, the powers of the governors are exercised by the Council of Ministers headed by the chief
minister. He is only a nominal executive like the president of India. The State Council of Ministers
headed by the chief minister is the real executive in a state.

However, the Governor has some discretionary powers which can be exercised by him independently.

• He may send any bill passed by the state legislature for the consideration of the President.
• He can appoint any member of the state legislature as the chief minister if no political party
secures an absolute majority in the legislative assembly.
• During an emergency, the governor of the state can exercise his powers independently. A
governor of state and be given additional duty of the governor of the neighbouring states by the
President.
Position Of the Governor

The position of the governor of a state is similar to the president of India as a nominal executive. But the
governor is not always a nominal executive. He can exercise his powers in the real sense on some
occasions.
• As he acts as an agent of the central government in the state, he is responsible for maintaining
relations between the central government and the state government.
• The governor may advise the Council of Ministers when it faces some difficult situations.
• The President declares emergency in a state on the basis of report of the governor regarding the
law-and-order situation in the state.
• The governor takes independent decisions while exercising discretionary powers. He may seek
information from the Council of Ministers regarding various activities of the government.
• He cannot be ignored by the Council of Ministers. He may even influence the decisions of the
Council of Ministers in many ways as the Head of The State.

The Chief Minister

The governor appoints the leader of the majority party the state legislative assembly as the chief
minister. He is the Head of the State Council of Ministers. The State Council of ministers revolves around
him. The chief minister has no fixed term of office. He remains in office so long as he commands the
support of the majority members of the legislative assembly (up to five years). When he loses support in
the legislature, he has to resign. The resignation of the chief minister means the resignation of the
whole Council of Ministers in the state. The chief minister must be a member of the state legislature or
state legislative council. If he is not a member of the state legislature at the time of his taking-over-
charge, then he must be so within a period of six months.

Powers And Functions

The chief minister plays an important role in the formation of the Council of Ministers.
• On the advice of the chief minister the governor appoints the other ministers of the council of
ministers and distributes among them the portfolios.
• As the head of the Council of Ministers he presides over the meetings of the Council of Ministers
and the cabinet.
• The chief minister supervises the activities of different ministers and advises them accordingly.
He also coordinates the activities of different ministers.
• He has to see that the principle of collective responsibility is maintained by the ministers.
• The chief minister plays an important role in making policies of the state government. He must
ensure that the policies of the government do not go against the public interest. His voice is final
in policy decisions of the state government.
• He plays an important role in making higher appointments of the state government. The
governor appoints different higher officials of the state government on the advice of the chief
minister and the Council of Ministers.
• The chief minister is the channel of communication between the governor and the other
members of the council members of ministers. He must keep the governor informed of the
decisions taken by the Council of Ministers on various matters related to state administration.
• The chief minister is the chief administrator of the state. All major decisions of the state
government are taken under his leadership. He is responsible for the overall working of the
 state departments. He also must maintain a good and harmonious relation it does central
government.
• As a leader of the majority party in the legislative assembly, the chief minister must see that the
party discipline is maintained in the house. He also must defend the ministers of his Council of
Ministers on the floor of the house from the criticisms of the opposition.
• The success of the state government depends largely upon the leadership of the chief minister.
If he or she is strong, dynamic, and efficient then the government will definitely perform well
and rise up to the expectations of the people.

Council of Ministers

The governor appoints the State Council of ministers on the advice of the chief minister. In the State
Council of ministers, like that of the union Council of Ministers, there are three categories of ministers-

- Cabinet Ministers
- Ministers of State and
- Deputy ministers

All the ministers, including the Chief Minister must be the members of the state legislature. If a minister
is not a member of the state legislature at the time of his appointment, he must contest and become a
part of the state legislature within a period of six months from the date of taking-over-charge as
minister. The chief minister and the ministers heading individual departments of the government
constitute the State Cabinet. It is the most powerful authority in state administration. All the important
decisions of the state administration are taken by the cabinet. The decisions of the cabinet are binding
upon the Council of Ministers.

The Council of Ministers has no fixed term of office. The term of the Council of Ministers depends on the
support of the majority members of the Legislative Assembly. If it loses majority support in the
legislative assembly, it must resign.

The Governor may also remove a minister from the council of the Chief Minister. The Council of
Ministers headed by the Chief Minister, being the real executives of the state, exercises all the powers
and functions of the Governor of The State. However, it cannot exercise the discretionary powers of the
Governor. The Council of Ministers are collectively responsible to the Legislative Assembly for carrying
on the administration of the state.

Powers And Functions of The State Council Members

Formulation Of Policies: The ministers formulate the policies of the government. The cabinet takes
decisions on all major problems: the public health, relief to the disabled and unemployed, prevention of
wrong decisions, water storage, land tenures and production supply and distribution of goods will stop
when it is formulated a policy, the appropriate department carries it out.

Administration and Maintenance of Public Order: The executive power is to be exercised in such a way
as to ensure compliance with state laws. The constitution empowers the governor to make rules for the
more convenient transaction of the business of the government. All such rules are made on the advice
of the Council of Ministers.
Appointments: The Governor has the power to appoint the Advocate General and the members of the
State Public Services Commission. The vice chancellors of the state universities and the members of
various boards and commissions are all appointed by the governor. The governor makes these
appointments on the advice of his ministers.

Guiding The Legislature: Most of the bills passed by the legislature and government bills, prepared by
the ministers. They are introduced, explained, and defended in the state legislature by the ministers.
The cabinet prepares the Governors address in which it sets forth its legislative program at the
commencement of the first session of the legislature each year. The Council of Ministers advises the
governor regarding the date and time of summoning and proroguing the session of the legislature. It
also advises the governor to dissolve the legislative assembly.

Control Over the Exchequer: It prepares the annual budget of the state government. The Minister of
Finance presents the budget in the legislative assembly. It is responsible for maintaining sound financial
conditions in the state. The legislature cannot take the initiative in the case of a money bill. Such a bill
must be recommended by the governor and can be introduced only by a minister. The initiative in
financial matters lies with the executive.

Execution Of Central Laws and Decisions Of The Union Government: The union government is
empowered to give directions to the state governments in certain matters. The states should exercise
their executive powers to ensure compliance with the laws made by the parliament. They should not do
anything which would hamper the executive power of the Union. The social, economic and political
condition of a state is dependent upon the performance of the Council of Ministers. If the ministers are
efficient and dedicated, then the state will definitely work better. It also depends on how the chief
minister is leading the Council of Ministers and maintaining unity and solidarity among the ministers.

The Supreme Court and High Court: Powers and Functions

The Supreme Court (Articles 124-147)

The Supreme Court is the guardian of the constitution. Since Indian constitution provides for federal set
up and language of the constitution is not free from ambiguities, its meaning is likely to be interpreted
differently by different authorities at different times, disputes are bound to arise between the centre
and its constituent units regarding their respective powers. Therefore, in order to maintain the
supremacy of the constitution, constitution makers provided for an independent and impartial authority
to decide disputes between the centre and the states, which is none other than the Judiciary.

• The Supreme Court is the final interpreter and guardian of the constitution and also guardian of
Fundamental Rights of the people.
• The Supreme Court has been called upon to safeguard civil and minority rights and play the role
of guardian of social revolution.
• It is the ultimate authority to draw the line between individual liberty and social control.
• It is the highest and final interpreter of the general laws of the country.
• It is the highest court of appeal in civil and criminal matters.

With the foregoing introduction, Constitutional Provisions relating to the establishment of the Supreme
Court, the procedure for the appointment of Judges, the qualifications prescribed for such
appointments, the manner of removal of Supreme Court Judges and, importantly, the kinds of
jurisdiction exercisable by the Highest Court of our land are discussed as follows.

Incidentally, it is to be noted that although the Constitution provides for distribution of powers between
the centre and the states and there is a dual polity, there are no separate hierarchies of Courts at the
state and union levels as exist in some federal systems, for example, the U.S.A. We have "one unified
Judicial system and an integrated judiciary and there is one hierarchy of courts of which The Supreme
Court is at the top.

The Supreme Court: Parliament has the power to make laws regulating the constitution, organization,
jurisdiction, and powers of the Supreme Court.Art.124 (1) declares that there shall be a Supreme Court
of India. The Chief Justice of India ("CJI") and thirty other Judges.

Appointment of Judges: Article 124(2)-The procedure for appointment of Judges to the Supreme Court
is. As per the provisions, the senior most judge of the Supreme Court shall be appointed by the
President as The Chief Justice of India after consulting the judges of the Supreme Court the High Courts
as it deems necessary.

When it comes to appointing other Judges of the Supreme Court, the president shall always consult the
Chief Justice of India and other judges of the Supreme Court and High Court.

At this Junction, two important points need be noted.

1. Although Article 124(2) gives the impression that the appointment of a Judge is made by the
President, in reality, it is the union executive that exercises the power 1e., the President has to make the
appointment on the advice tendered by the Council of Ministers.

2. The Constitution has provided for consultation with a view to fetter the power of the
Executive in making judicial appointments so that the Executive would not enjoy absolute power in
making the said appointments. For, to concede such a power to the executive would devastate and
destroy the prospect of an independent & impartial judiciary.

Hence the 99 Constitutional (Amendment) Act, 2014 and the National judicial Appointment Commission
Act, 2014 have been enacted with a view to bring more transparency in judicial appointments.

Qualifications: The qualifications for appointment of a Judge to the Supreme Court are mentioned
Article 124(3). They are:

(1) He must be an Indian citizen.

(2) He must have been a Judge of a High Court for at least five years,

or

(3) He must have been an advocate for a High Court for at least Ten Years,

or
(4) In the opinion of the President, he is a distinguished Jurist.

Apart from the qualifications expressly prescribed by the Constitution, the implied qualifications are
unimpeachable character and integrity, impartiality, independence, and incorruptibility. Dr. Ambedkar in
the Constituent Assembly expressed that the judiciary should be independent of the Executive and
competent in itself.

Oath: Every person who is appointed as a judge of the Supreme Court has to take an oath before the
President before entering upon his office.

Term of office: A Judge appointed to the Supreme Court shall hold office until he attains the age of sixty-
five years. The term of a Supreme Court judge may also come to an end either due to his resignation or
removal. He may resign before the age of retirement by addressing his resignation letter to the
President. Removal is through the impeachment motion.

Impeachment (Removal): Article124 (4) provides that a judge can be removed from his office before he
attains the age of sixty-five years on grounds of proved

• Misbehavior or

• Incapacity.

The Supreme Court Judge can be removed on either of the above said grounds and there is no need to
establish both "misbehavior" and "Incapacity".

'Misbehavior' may be "Willful misconduct in the office, corruption, lack of integrity or any other offence
involving moral turpitude". "Incapacity' may imply either physical or mental incapacity.

A Judge can be removed only when his 'misbehaviour' or 'incapacity' is "proved" So, mere allegation.
apprehension, or suspicion will not suffice. 'Misbehavior' or incapacity has to be investigated.
established and proved. Natural justice demands that the delinquent Judge has to be apprised of the
charge and be heard. An informal procedure adopted by the executive for the removal of a Judge is
unacceptable because it destroys the independence of the Judiciary. Therefore, democratic
constitutions prescribe an elaborate and cumbersome procedure for the impeachment of Supreme
Court judges.

The procedure is:

• A motion addressed to the President signed by at least 100 members of the Lok Sabha or 50-
members of the Rajya Sabha is delivered to the Speaker or the Chairman
• The motion is to be investigated by a committee of three i.e. 2 Judges of the Supreme Court and
a distinguished jurist.
• If the Committee finds the Judge guilty of misbehavior or incapacity the motion together with
the report of the committee is taken for consideration in the pending house.
 • If the motion is passed in each house by a majority of the total membership of the House and by
a majority of not less than two-thirds of the members present and voting, the address is
presented to the President.
• The judge will be removed after the President orders for his removal on the said address.

Salaries and Allowances: The Salaries and allowances of the Supreme Court and High court judges are
governed by Salaries and Conditions of service Act. They are also entitled to such allowances and
privileges as may be determined by Parliament by law.

Restriction on Practice: A Judge who has served in the Supreme Court is barred from pleading in any
court within the territory of India after retirement.

The Jurisdiction of the Supreme Court: The Jurisdiction of the Supreme Court under our Constitution is
quite wide. The jurisdiction of the Supreme Court can be grouped as follows:

(i) Original Jurisdiction: The Supreme Court alone has the authority to directly hear certain
cases which is called as exclusive original jurisdiction. These are:

(a) Disputes between the Union government and one or more State governments,

(b) Disputes between two or more States,

(c) Disputes between the Government of India and one or more States on the one side and one
or more States on the other side.

(ii) Appellate Jurisdiction: The power of a superior or higher court to hear and decide appeals
against the judgment of the lower court is called appellate jurisdiction.

(a) The Supreme Court is a court of appeal for constitutional, civil and criminal cases. It can hear
appeals against the judgments of the High Courts.

(b) It also has the power to review its own judgment.

(c) It may in its own discretion grant special leave to appeal against any judgment or order
delivered or passed by any court or tribunal within the territory of India.

[iii] Advisory Jurisdiction: The Supreme Court has a special advisory jurisdiction in matters which may
specifically be referred to it by the President of India. If at any time, it appears to the President that a
question of law or fact has arisen or is likely to arise, which is of such public importance that it is urgent
to obtain the opinion of the Supreme Court on it, he/she may refer it to the Supreme Court. The
Supreme Court may, after such hearing as it thinks fit, report to the President its opinion thereon. The
report or the opinion of the Supreme Court is not binding on the President. Similarly, there is no
compulsion for the Court to give its advice.
(iv) The Supreme Court is a court of record: The records of the Supreme Court, in matters of
interpretation of the law or of the constitution, have to be accepted when produced before the lower
courts. The Supreme Court being a court of record has all the powers to punish for contempt of itself
and other courts and tribunals subordinate to it.

DO YOU KNOW? A Court of Record is a Court whose records are of evidentiary value and cannot be
questioned When produced before any court.

(v) Writ Jurisdiction: The Supreme Court also acts as the custodian and protector of Fundamental
Rights. If any citizen's fundamental rights have been infringed, he/she may move to the Supreme Court
directly for the protection of his/her fundamental rights. The Right to Constitutional Remedies
empowers the Supreme Court to act as the guardian of the Constitution. Article 32 empowers the
Supreme Court to issue writs including the writs of habeas corpus, mandamus quo warranto and
prohibition for the enforcement of fundamental rights. The Court's power is not confined to the
issuance of the above writs, It can issue directions or orders which appear to the Court to be appropriate
for the enforcement of the fundamental rights.

(vi) Judicial Review: The Supreme Court of India has the power to examine the validity of laws or
executive orders. The Supreme Court has the powers to interpret the Constitution, and through this it
has assumed the power of judicial review.

Judicial Review is a process through which the judiciary examines the constitutionality of a legislative act
or executive order. If on examination it is found that there has been a violation of the Constitution, the
judiciary declares it to be null and void or unconstitutional.

(vii) Judicial Activism: Judicial activism is a dynamic approach to get justice. It has been defined as
‘innovative interpretation' of the Constitution by the Court. This has often been criticized as the judiciary
taking over the powers of the legislature. But in India it has enjoyed support from the public, as it
concentrates on giving the disadvantaged the access to justice. It uses the instrument of Public Interest
Litigation (PIL). Through public interest litigation, any public-spirited person can file a petition about any
injustice before the court, and not just the person affected by the Injustice. PIL has often been used on
behalf of people who are poor disadvantaged and do not have the means to approach the court. With
judicial activism and PIL, courts have given judgments on pollution, the need for a uniform civil code,
eviction of unauthorized buildings, stopping child labour in dangerous occupations, corruption and other
issues.

2.11 THE HIGH COURTS IN THE STATES (ARTICLES 214 TO 231)

Article 214 of the constitution provides that there shall be a High Court for each State. However,
Parliament may by law

1. Establish a common High Court for two or more States or for two or more States and a union Territory

2. Extend the jurisdiction of a High Court or exclude its jurisdiction from any union Territory Within its
territorial jurisdiction, a High Court may have one or more Benches
The constitution provides for the composition of the High Courts, the qualifications prescribed for the
appointment of Judges, their tenure, procedure prescribed for the removal of Judges and the Powers
and Jurisdiction exercisable by the High Courts

Constitution of High Courts (Article 216)

Every High Court shall have a Chief Justice and such other Judges as the President of India may from
time to time determine.

Normally the Chief Justice of India ("CII") and the Chief Justices of the High Courts periodically review
the strength of the High Courts and in the interest of efficient administration of Justice recommend the
President to increase the strength of the High Court..

When the CJI makes such a recommendation, the President is required to act expeditiously. The
President also has the power to appoint:

• Additional judges for a temporary period not exceeding 2years for the clearance of arrears of
work in the High court
• An acting judge - when a permanent judge of a high court is temporarily absent or unable to
perform his duties or is appointed to act temporarily as Chief Justice. The Acting Judge holds
office until the permanent judge resumes his office.

Neither an Additional judges nor An acting judge can hold office beyond the age of 62 years.

APPOINTMENT OF A HIGH COURT JUDGE

Every Judge of a High Court shall be appointed by the Before appointing, the President has to consult
the Chief Justice of India and the Governor of the State. In the case of appointment of a judge other
than the Chief Justice, the President shall consult the Chief Justice of the High Court.

Further, it may be noted that as regards the appointment of High Court Judges, Hence, the opinion of
Chief Justice of India means the opinion of a collegiums consisting of himself and two senior-most
Judges of the Supreme Court.

However the process of appointment of a High Court Judge has to be initiated by the Chief Justice of the
High Court concerned and while doing so he must take the opinions of two senior-most Judges of his
High Court. The Consultation Process should be in writing.

The appointment of a Judge to the High Court must be in conformity with the opinion of the As regards
the appointment of the Chief Justice of the High Court, it is made on the basis of the Seniority of High
Court Judges.
QUALIFICATIONS FOR APPOINTMENT

(a) He / She shall be a citizen of India;

(b) Must have held a judicial Office in our country for at least ten years;

or

(c) Must have been an advocate of the High Court for at least ten years.

Oath: The Governor of the respective state administers gives the oath to the appointed High Court
judges and chief justice of the high court

Term of office: A Judge of the High Court Shall retire after attaining the age of Sixty-Two years. He can
also resign by writing to the President of India.

Impeachment/Removal: As in the case of a judge of the Supreme Court, a judge of a High Court can also
be impeached on the same grounds of proved misbehaviour' or 'incapacity: The procedure of removal
also remains the same.

Restriction on Practice in regard to a Permanent Judge of a High Court:

A Permanent judge of a High Court shall not plead or act in any court or before any authority in India
except the Supreme Court and other High Courts.

Powers and Functions: The jurisdiction of High Courts can be enlarged by the Parliament and the State
Legislature

Indian Constitution & Human Rights

1. Original Jurisdiction: The original jurisdiction of High Court includes writ jurisdiction Article 226 of the
Constitution vests in the High Court the power to issue writs for the restoration of fundamental rights.
This power of the High Court does not derogate the similar powers conferred on the Supreme Court in
Article 32 of the Constitution. The original Jurisdiction the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of Court cases. The High Courts have also full powers to
make rules to regulate their business in relation to the administration of justice. It can punish for its own
contempt.

2. Appellate Jurisdiction: The appellate jurisdiction of High Court extends to both civil and criminal
cases. In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and District judges. In the
criminal cases it extends to cases decided by Sessions and Additional Sessions Judges.

3. Power of Superintendence: A High Court has also the power of superintendence over all Courts and
Tribunals except those dealing with the armed forces functioning in the State. In exercise of this power it
may:-
(i) Call for return from such Courts.

(ii) May issue general rules and prescribe forms for regulating the practice and proceedings of such
Courts, and

(iii) Prescribe forms in which books and accounts are being kept by the Officers of any Court This power
has made the High Court responsible for the entire administration of Justice in the State. It is both
judicial as well as administrative in nature. The Constitution does not place any restriction on its power
of superintendence over the subordinate Courts.

4. Power of Transfer of cases to High Court: If the High Court is satisfied that a case pending in a Court
subordinate to it involves a substantial question of law as to the interpretation of the Constitution the
determination of which is necessary for the disposal of the case, it shall withdraw the case and may:

(a) Either disposes it. (Or)

(b) Determine the said question of law and return the case to the Court from whom it had been
withdrawn together with a copy of its judgment on such question and the said Court shall on receipt
thereof proceed to dispose of the case in conformity with such judgment.

By vesting these powers in the High Court the framers of our Constitution have safeguarded the possible
multiplicity of constitutional interpretation at the level of subordinate Court.

5. Control over subordinate courts

(i) The Governor of State is required to consult the High Court with regard to the appointment, posting
and promotion of District Judges

(ii) The Governor has to consult the High court along with the State Public Service Commission while
appointing persons to Judicial Service of the state (other than District Judges)

(iii) The control over District Courts and Courts subordinates thereto including the posting and
promotion of and the grant of leave to persons in Judicial Service holding posts inferior to that of District
Judge shall be vested in the High Court. The High Court has also got ample powers to call for the records
of any case from any subordinate Court to satisfy itself about the correctness and legality of the orders
passed by the subordinate Courts.

Union and State Executive, Legislature and Judiciary

6. Power to Punish for Contempt: A High Court is also a Court of Record. Its decision will be binding on
its subordinate Courts. Its proceedings and decisions have evidential value and they cannot be
questioned by the subordinate Courts. Further, it can punish for contempt of itself.
Multiple Choice Questions (MCQ)

1. The impeachment of the President of India can be initiated in

a. Either House of the Parliament b. a joint sitting of both Houses of the Parliament

c. the Lok Sabha alone d. the Rajya Sabha alone

2. Who is the Ex-officio Chairman of the Planning Commission of India?

a. Vice-President of India b. The Prime Minister of India

c. The Finance Minister of India d. The Law Minister of India

3. The President of India addresses his resignation letter to the

a. Chief Justice of India b. Speaker

c. Vice-President d. Prime Minister

4. The Ministers shall hold office during the pleasure of the _______

a. the President b. the House of the People

c. the Prime Minister d. the House of which they are members

5 . What is the maximum age prescribed for election as President of India?

a. 58 years b. 62 years

c. 60 years d. No such limit

6. Who administers the oath of office to the president?

a. Chief Justice of India b. Speaker of Lok Sabha

c. Prime Minister d. Vice-President

7. The Speaker of the Lok Sabha can resign his office by addressing his resignation to

a. the President b. the Prime Minister

c. the Deputy Speaker of the Lok Sabha d. the Chief Justice of India
8. Who among the following chooses the Speaker of the Lower house?

a. The Prime Minister of India b. The Union Minister of Parliamentary Affairs

c. The leader of the opposition in the Lok Sabha

d. The members of lower house

9. The Annual Financial Statement(budget) is proposed by the ________

a. President b Speaker

c. Vice-President d. Finance Minister

10. Representatives of Union Territories in Lok Sabha are chosen by

a. direct election b. Indirect election

c. nomination d. All of these