UNDERGRADUATE COURSE

INDIAN CONSTITUTION

SUEN 206

SECOND YEAR

FOURTH SEMESTER

UNDERGRADUATE COURSEB.A - ENGLISH

INSTITUTE OF DISTANCE EDUCATIONUNIVERSITY OF MADRAS

NON-MAJOR ELECTIVE II

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B.A.- ENGLISH

SECOND YEAR- IV - SEMESTER


INDIAN CONSTITUTION

WELCOMEWarm Greetings.

It is with a great pleasure to welcome you as a student of Institute of DistanceEducation, University of Madras. It is a proud moment for the Institute of Distance educationas you are entering into a cafeteria system of learning process as envisaged by the UniversityGrants Commission. Yes, we have framed and introduced Choice Based Credit System(CBCS)in Semester pattern from the academic year 2018-19. You are free to choose courses, asper the Regulations, to attain the target of total number of credits set for each course andalso each degree programme. What is a credit? To earn one credit in a semester you haveto spend 30 hours of learning process. Each course has a weightage in terms of credits.Credits are assigned by taking into account of its level of subject content. For instance, ifone particular course or paper has 4 credits then you have to spend 120 hours of self-learning in a semester. You are advised to plan the strategy to devote hours of self-study inthe learning process. You will be assessed periodically by means of tests, assignments andquizzes either in class room or laboratory or field work. In the case of PG (UG), ContinuousInternal Assessment for 20(25) percentage and End Semester University Examination for 80(75) percentage of the maximum score for a course / paper. The theory paper in the endsemester examination will bring out your various skills: namely basic knowledge about subject,memory recall, application, analysis, comprehension and descriptive writing. We will alwayshave in mind while training you in conducting experiments, analyzing the performance duringlaboratory work, and observing the outcomes to bring out the truth from the experiment, andwe measure these skills in the end semester examination. You will be guided by wellexperienced faculty.

I invite you to join the CBCS in Semester System to gain rich knowledge leisurely atyour will and wish. Choose the right courses at right times so as to erect your flag of success.We always encourage and enlighten to excel and empower. We are the cross bearers tomake you a torch bearer to have a bright future.

With best wishes from mind and heart,

DIRECTOR

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© UNIVERSITY OF MADRAS, CHENNAI 600 005.

B.A.- ENGLISH

SECOND YEAR- IV - SEMESTER


INDIAN CONSTITUTION

Dr. V. Meena KumariAssociate Professon

Department of EnglishAnna Adarsh College for Women

Chennai.

COURSE WRITER

Ms. Shereena D.Assistant Professor (T)

Department of EnglishInstitute of Distance Education,

University of MadrasChennai - 600 005.

Dr. Supala PandiarajanAssistant Professor

Department of EnglishUniversity of Madras

Chennai.

EDITOR

COORDINATOR

B.A.-ENGLISH

SECOND YEAR

FOURTH - SEMESTER


INDIAN CONSTITUTION

SYLLABUS

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UNIT I: Introduction

Salient features of the constitution – preamble – Federal systems – FundamentalRights and Duties – Directive Principles of State Policy – Amendment procedure

UNIT II: Union Executive

Union Executive – President – Elections – Powers – Legislative – Executive –Judiciary and Emergency – Vice President – Prime Minister – Cabinet

UNIT III: Parliament

Union Parliament – Rajya Sabha – Chairman – Lok Sabha – Speaker – Powersand functions

UNIT IV: Judiciary

Supreme Court – Appointment and Removal of Judges – Constitutional Remedies– Independence of Judiciary – Original – appellate – Advisory power – Judicial Review

UNIT V: State Government

State government – governor – Appointment – Removal – Powers – Executive –Legislative – Judicial and Discretionary – Chief Minister – Cabinet – State legislatures –High Court.

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BOOKS RECOMMENDED FOR STUDY

1. Basu D.D.,- Introduction to the Constitution of India , Prentice Hall of India.

2. Pylee.M.V.,- An Introduction to the Constitution of India, Vikas Publishing House.

3. Siwach.J.R,- Dynamics of Indian Government and Politics Sterling Publishing House.

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Sl. No. Title Page No.

1 An Introduction to the Indian Constitution 001

2 Union Executive 015

3 Parliament 035

4 Judiciary 049

5 State Government 062

B.A.-ENGLISH

SECOND YEAR

FOURTH - SEMESTER


INDIAN CONSTITUTION

SCHEME OF LESSONS

1

LESSON– 1

AN INTRODUCTION TO THE INDIAN CONSTITUTIONLearning Objectives

After studying this lesson, you should be able to understand

Salient features of the Constitution

Components of the Constitution

Parliamentary System and Amendment Procedures

Structure

1.1 Introduction

1.2 Salient features of the Indian Constitution

1.2.1 Preamble of the Constitution

1.2.2 Fundamental Rights

1.2.3 Fundamental Duties

1.2.4 Directive Principles of State Policy

1.2.5 Parliamentary System and Amendment Procedures

1.3 Key Words

1.4 Activity

1.5 Model Questions

1.1 Introduction

Welcome to this unit on an introduction to the Indian Constitution. Let us look into thisgreat nation’s constitution in detail. The Constitution of India is the supreme law of India. Itframes fundamental political principles, procedures, practices, rights, powers, and duties of

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the government. It imparts constitutional supremacy and notparliamentary supremacy, as it is not created by the Parliamentbut, by a constituent assembly, and adopted by its people, witha declaration in its preamble. Parliament cannot override it.

The world’s longest constitution is the Indianconstitution. At its commencement, it had 395 articles in 22parts and 8 schedules. It consists of approximately 145,000words, making it the second largest active constitution in theworld. Currently, it has a preamble, 25 parts with 12 schedules,5 appendices, 448 articles, and 101 amendments.

In terms of the constitution’s history, the constitution of Indiawas adopted on the 26th of November, in the year 1949. However, it came to effect on the 26th

of January, 1950. 26th of January iscelebrated as the Republic Day of India.

It was adopted by the ConstitutionAssembly. Dr. B. R. Ambedkar, thechairman of the Drafting Committee, iswidely considered to be the architect ofthe Constitution of India. After, theadoption of the constitution, The Unionof India became the contemporary andmodern Republic of India.

You are now going to learn some of the key features of the constitution one should be awareof.

1.2 Salient features of the Indian Constitution

The Constitution of India is considered as a distinctive constitution around the globe. Itis the largest written liberal democratic constitution of the world. It offers for a mixture offederalism and Unitarianism, and flexibility and with rigidity.

The Constitution of India was outlined by a Constituent Assembly. This Assembly wasan indirectly chosen body. It had laid down certain ideals to be included in the Constitution.

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These ideals included commitment to democracy, guarantee to all the people of India, Justice,equality and freedom. It had also proclaimed that India will be a Democratic Republic.

The salient features of the Indian Constitution include the Preamble, Fundamental Rightsand Duties, Directive Principles of state policy and Parliamentary System and AmendmentProcedures.

Reports suggested that the Constituent Assembly held its first sitting on the 9th December,1946. It reassembled on the 14th August, 1947, as the sovereign Constituent Assembly for theDominion of India. Constitution of India is the supreme law of India. It lays down the frameworkdefining fundamental political principles, establishing the structure, procedures, powers andduties, of the government and spells out the fundamental rights, directive principles and dutiesof citizens. Passed by the Constituent Assembly on 26 November 1949, it came into effect on26 January 1950. The date 26 January was chosen to commemorate the declaration ofindependence of 1930. Since its inauguration on 26th January 1950, the Constitution India hasbeen efficaciously guiding the path and development of India.

With the help of Article 368, Parliament can amend the constitution. Every part ofconstitution can be modified by the Parliament except “basic structure” of the constitution asheld by the Supreme Court. Any law which violates the basic structure of the constitution isdeclared unconstitutional & invalid by the court.

Indian Constitution can be said as the hugely written constitution in the world becauseof its contents. In its innovative form, it consisted of 395 Articles and 8 Schedules to whichadditions have been made through subsequent amendments. At present, it contains 395 Articlesand 12 Schedules, and more than 80 amendments. There are many factors responsible for thelong size of the constitution. One major factor was that the framers of the constitution copiedprovisions from several sources and several other constitutions of the world. They have followedand reproduced the Government of India Act 1935 in providing matters of administrative detail.It was needed to make provisions for typical problems of India like scheduled castes, ScheduledTribes and backward regions. In Indian constitution, provisions were made for elaborate centre-state relations in all aspects of their administrative and other activities. The size of the constitutionbecame large, as provisions regarding the state administration were also included. Additionally,a detail list of individual rights, directive principles of state policy and the details of administrationprocedure were laid down to make the Constitution clear and unambiguous for the ordinarycitizen. Therefore, the Constitution of India became an exhaustive and lengthy one.

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India has implemented the Parliamentary system as established in Britain. In this system,the executive is responsible to the legislature, and remains in power only as long as it enjoysthe confidence of the legislature. The president of India, who remains in office for five years isthe nominal, titular or constitutional head. The Union Council of Ministers with the Prime Ministeras its head is drawn from the legislature. It is jointly responsible to the House of People (LokSabha), and has to resign as soon as it loses the confidence of that house. The President, thenominal executive shall exercise his powers according to the advice of the Union Council ofMinisters, the real executive. In the states also, the government is Parliamentary in nature.

The Constitution of India identifies only single citizenship. In the United States, there isprovision of dual citizenship. In India, people are citizens of India only, not of the respectivestates to which they belong. This provision would help to promote harmony and integrity of thenation.

India is a secular state, because it does not discriminate between individuals on thebasis of religion. Neither it encourages nor discourages any religion. In contrast, right to freedomof religion is ensured in the Constitution and people belonging to any religious group have theright to acknowledge, practice or propagate any religion they like.

Do You Know I

Fill in the blanks:

1. The ___________ is the supreme law of India.

2. _________ was the Chairman of the drafting committee of the constitution.

3. The Constituent Assembly held its first sitting on __________.

4. India has implemented the Parliamentary system as established in ________.

5. The Constitution of India identifies only _______ citizenship.

1.2.1 Preamble of the Constitution

The Constitution of India initiates with a Preamble. The Preamble consists of the ideals,objectives and basic principles of the Constitution. The salient features of the Constitutionhave developed directly and indirectly from these objectives which flow from the Preamble.The Preamble is described as an introduction or preface of a book. As an overview, it is not a

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part of the contents but it explains the purposes and objectives with which the document hasbeen written. So is the case with the ‘Preamble’ to the Indian Constitution. As such the ‘Preamble’provides the guide lines of the Constitution. Basically, it is a brief introductory statement thatsets out the guiding purpose and principles of the document, and it indicates the source fromwhich derives its authority, meaning, and the people.

The Preamble describes the objectives of the Constitution in two ways: one, is aboutthe structure of the governance and secondly, it explains the ideals to be achieved in independentIndia. It is because of this, the Preamble is considered to be the major element of the Constitution.

The objectives, which are laid down in the Preamble, are:

1. Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic.(Socialist, Secular added by 42nd Amendment, 1976).

2. Provision to all the citizens of India i.e.

a. Justice social, economic and political.

b. Liberty of thought, expression, belief, faith and worship.

c. Equality of status and opportunity.

d. Fraternity assuring dignity of the individual and unity and integrity of the nation.

The Preamble to the Constitution of India is a well drafted document which signifies the valuesof the constitution. It asserts India to be a Sovereign Socialist Secular Democratic Republicand a welfare state committed to secure justice, liberty and equality for the people and forpromoting fraternity, dignity the individual, and unity and integrity of the nation. The Preambleis the nature of Indian state and the objectives it is committed to secure for the people.

1.2.2 Fundamental Rights

The Constitution of India grants and guarantees Fundamental Rights to its citizens. It iscalled the Indian Bill of Rights. Initially, seven Fundamental Rights were granted but after thedeletion of the Right to Property from the list of Fundamental Rights (44th Amendment Act1979) their number came down to six.

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Prof. H.J. Laski stated that “A state is known by the rights it maintains”. The constitutionof India confirms the basic principle that every individual is permitted to enjoy certain basicrights and part III of the Constitution deals with those rights which are known as fundamentalright.

The Six Fundamental Rights are under:

i. Right to Equality:

It provides for Equality before Law, End of Discrimination, Equality of Opportunity, andAbolition of untouchability and Abolition of Titles.

ii. Right to Freedom:

It incorporates six fundamental freedoms that include freedoms of speech and expression,freedom to form associations, freedom to assemble peaceably without arms, freedom to movefreely in India, freedom of residence in any part, and freedom of adopting any profession ortrade or occupation. It safeguards personal freedom and protection in respect of conviction forcertain offences.

The Constitution lays down that the freedom of life and liberty cannot be limited ordenied except in accordance with the procedure established by law. Now under Art 21A Rightto Education for the children between the ages of 6-14 years has been granted. Art. 22guarantees protection against arbitrary arrest and detention.

iii. Right against Exploitation:

This Fundamental Right forbids sale and purchase of human beings, forced labour andemployment of children in hazardous jobs and factories.

iv. Right to Freedom of Religion:

The objectives of this right include the freedom of conscience, religion and worship.Any person can follow any religion. It gives to all religions freedom to establish and maintaintheir religious institutions. Citizens cannot be compelled to pay any tax for the propagation ofany religion. The state cannot levy a tax for any religion and constitution prohibits the impartingof religious instructions in schools and colleges.

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v. Cultural and Educational Rights:

In this right, the Constitution guarantees the rights of the minorities to maintain anddevelop their languages and cultures. It also confers upon them the right to establish, maintainand administer their educational institutions.

vi. Right to Constitutional Remedies:

This fundamental right is the key of the entire Bill of Rights. It provides for the enforcementand protection of Fundamental Rights by the courts. It empowers the Supreme Court and HighCourts to issue writs for the enforcement of these rights.

It is stated that these fundamental rights are justiciable and the individual can move tothe higher judiciary that is the Supreme Court or the High Courts, if there is an encroachmenton any of these rights. The right to move to the Supreme Court straight for the enforcement offundamental rights has been guaranteed under Article 32 (Right to Constitutional Remedies).However, fundamental rights in India are not absolute. Reasonable constraints can be imposedkeeping in view the security-requirements of the state.

It is further added by political scientist that fundamental rights for Indians have alsobeen intended to overturn the inequalities of pre-independence social practices. Precisely,they have also been used to abolish untouchability and thus prohibit discrimination on thebasis of religion, race, caste, sex, or place of birth. They also prohibit trafficking of humanbeings and forced labour. They also protect cultural and educational rights of ethnic and religiousminorities by allowing them to preserve their languages and also establish and administer theirown education institutions. They are covered under articles 14 to 32 of the Indian constitution.

1.2.3 Fundamental Duties

Fundamental Duties of constitution are as under:

A new part IV (A) after the Directive Principles of State Policy was combined in theconstitution by the 42nd Amendment, 1976 for fundamental duties. These duties are mentionedbelow:

1. To abide by the Constitution and respect its ideals and institutions, the National Flagand the National Anthem.

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2. To apprize and follow the noble ideals, which inspired our national struggle for freedom.

3. To sustain and protect the sovereignty, unity and integrity of India.

4. To defend the country and render national service when called upon to do so.

5. To promote coordination and the spirit of common brotherhood amongst all the peopleof India transcending religious, linguistic, regional or sectional diversities, to renouncepractices derogatory to the dignity of woman.

6. To value and preserve the rich heritage of our composite culture.

7. To protect and improve the natural environments including forests, lakes, rivers andwild life and to have compassion for living creatures.

8. To develop scientific temper, humanism and the spirit of inquiry and reform.

9. To defend public property and to abjure violence.

10. To endeavour towards excellence in all spheres of individual and collective activity sothat the nation constantly rises to higher levels of Endeavour and achievement.

The main aim of integrating these duties in the Constitution is to remind the people that whileenjoying their right as citizens, should also perform their duties as rights and duties arecorrelative.

Do You Know II

Fill in the blanks:

1. The _________consists of the ideals, objectives and basic principles of the Constitution.

2. The part of the Constitution of India which grants and guarantees Fundamental Rights toits citizens is known as the__________.

3. The Right to _________ is the first fundamental right, as stated in the Constitution ofIndia.

4. The _________________ rights of the Constitution guarantees the rights of the minoritiesto maintain and develop their languages and cultures.

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1.2.4 Directive Principles of State Policy:

A unique aspect of the Constitution is that it comprises of a chapter in the DirectivePrinciples of State Policy. These principles are in the nature of directives to the government toimplement them to maintain social and economic democracy in the country.

It exemplifies important philosophies such as adequate means to livelihood, equal payfor men and women, distribution of wealth so as to serve the common good, free and compulsoryprimary education, right to work, public assistance in case of old age, unemployment, sicknessand disablement, the organization of village Panchayats, special care to the economicallydisadvantaged group in country. Most of these principles could help in making India welfarestate. These principles have been stated a; “fundamental in the governance of the country”.

1.2.5 Parliamentary System and Amendment Procedures:

i. Parliamentary System:

The Constituent Assembly decided to espouse Parliamentary form of government bothfor the Centre and the states. A parliamentary system is a system of democratic governance ofa state where the executive branch derives its democratic legitimacy from the legislature and isalso held responsible to that legislature. In a parliamentary system, the head of state is normallya different person from the head of government.

In Indian parliamentary system, distinction is made between nominal and real executivehead. The Council of Ministers is responsible before the Lok Sabha, The lower house of unionparliament. There are close relations between executive and legislature. The tenure of theCouncil of Ministers is not fixed as it stays in office till it enjoys the confidence (ShashishekharGopal Deogaonkar, 1997).

There are limited powers of parliament in the Indian constitution:

It can pass laws on those subjects which have been entrusted to it by the constitution.

The bills passed by the Parliament need the approval of the President.

However, the Supreme Court can exercise the powers of judicial review over the laws passedby the parliament and can declare unconstitutional any laws which it considers are against theconstitution.

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ii. Amending the Constitution of India:

Amending the Constitution of India is the procedure of making modifications to thenation’s fundamental law or supreme law. The procedure of amendment in the constitution islaid down in Part XX (Article 368) of the Constitution of India. This procedure guarantees thesanctity of the Constitution of India and keeps a check on uninformed power of the Parliamentof India.

Though, there is limitation imposed on the amending power of the constitution of India,which developed during conflicts between the Supreme Court and Parliament, where Parliamentwants to exercise discretionary use of power to amend the constitution while the SupremeCourt wants to restrict that power. This has led to the laying down of various principles or rulesin regard to checking the validity/legality of an amendment. The most famous among them isthe Basic structure doctrine as laid down by the Supreme Court in the case of KesavanandaBharati vs. State of Kerala.

The Constitution of India offers a distinctive amending process when comparing withthe Constitutions of other nations. It can be defined as partly flexible and partly rigid. TheConstitution provides for a variety in the amending process. This feature has been commendedby Australian academic Sir Kenneth Wheare who realized that uniformity in the amendingprocess imposed “quite unnecessary restrictions” upon the amendment of parts of a Constitution.An amendment of the Constitution can be initiated only by the introduction of a Bill in eitherHouse of Parliament. The Bill must then be approved in each House by a majority of the totalmembership of that House and by a majority of not less than two-thirds of the members of thatHouse present and voting. There is no provision for a joint sitting in case of disagreementbetween the two Houses. The Bill, passed by the required majority, is then presented to thePresident who shall give his assent to the Bill. If the amendment seeks to make any change inany of the provisions mentioned in the proviso to article 368, it must be approved by theLegislatures of not less than one-half of the States. Although, there is no set time limit forratification, it must be completed before the amending Bill is presented to the President for hisassent.

Every constitutional amendment is articulated as a statute. The first amendment is calledthe “Constitution (First Amendment) Act”, the second, the “Constitution (Second Amendment)Act”. Each amendment has the long title “An Act further to amend the Constitution of India”.

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Do You Know III

Answer in a word:

1. What was implementedto maintain social and economic democracy in India?

2. What form of government did the Constituent Assembly of India decide to espouse inboth the Centre and the states?

Recap

1. The world’s longest constitution is the Indian constitution.

2. Currently, the Indian constitution has a preamble, 25 parts with 12 schedules, 5appendices, 448 articles, and 101 amendments.

3. The Indian constitution came to effect on the 26th of January, 1950.

4. 26th of January is celebrated as the Republic Day of India.

5. The salient features of the Indian Constitution include the Preamble, Fundamental Rightsand Duties, Directive Principles of state policy and Parliamentary System andAmendment Procedures.

6. The Constitution of India initiates with a Preamble. The Preamble consists of the ideals,objectives and basic principles of the Constitution.

7. The Constitution of India grants and guarantees Fundamental Rights to its citizens. It iscalled the Indian Bill of Rights.

8. The Directive Principles of State Policy are in the nature of directives to the governmentto implement them to maintain social and economic democracy in the country.

9. A parliamentary system is a system of democratic governance of a state where theexecutive branch derives its democratic legitimacy from the legislature and is also heldresponsible to that legislature.

10. Amending the Constitution of India is the procedure of making modifications to thenation’s fundamental law or supreme law.

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Check Your Progress

1. List out the six Fundamental Rights as laid out by the Constitution of India.

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2. Discuss Directive Principles of State Policy briefly.

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3. What are limited powers of parliament in the Indian constitution?

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Check your answers

Do you know I

1. Constitution

2. Dr. B.R. Ambedkar

3. 9th December, 1946

4. Britain

5. single

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Do you know II

1. Preamble

2. Indian Bill of Rights

3. Equality

4. Cultural and Educational

Do you know III

1. Directive Principles of State Policy

2. Parliamentary

1.3 Key Words

1. Constitution:a body of fundamental principles or established precedents according towhich a state or other organization is acknowledged to be governed.

2. Federalism: the federal principle or system of government.

3. Unitarianism:Unitarianism is an open-minded and individualistic approach to religionthat gives scope for a very wide range of beliefs and doubts.

4. Republic:a state in which supreme power is held by the people and their electedrepresentatives, and which has an elected or nominated president rather than a monarch.

5. Preamble: a preliminary or preparatory statement; an introduction.

6. Secularism: the principle of separation of the state from religious institutions.

7. Supreme Court: the highest judicial court in a country or state.

8. Executive: relating to or having the power to put plans or actions into effect.

9. Hierarchy: a system in which members of an organization or society are ranked accordingto relative status or authority.

10. Null and void (adjective): without value, effect, consequence, or significance.

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1.4 Activity

Do research and list out the prominent personalities involved in the drafting of theConstitution of India.

1.5 Model Questions

i. What is the Preamble of the Indian Constitution and discuss the objectives laid down init?

ii. What are the Fundamental Duties of an Indian according to our constitution?

iii. Elucidate on the six Fundamental Rights of an Indian as laid down by the Indianconstitution.

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LESSON – 2

UNION EXECUTIVE

Learning Objectives


Composition of the Union Executive

Each component’s roles

Each component’s responsibilities and powers

Each component’s significant features

Structure

2.1 Introduction

2.2 Composition of the Union Executive

2.2.1 President

2.2.2 Vice-President

2.2.3 Council of Minister

2.2.4 Prime Minister

2.2.5 Electoral System

2.2.5.1 Electoral Reform

2.2.5.1.1 Model Code of Conduct

2.2.5.1.2 Misuse of the Electoral system

2.2.6 Election commission of India

2.2.6.1 Appointment & Tenure of Commissioners

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2.2.6.2 Advisory Jurisdiction & Quasi-Judicial Function

2.2.6.3 Administrative Powers

2.2.6.4 Primary roles

2.2.6.5 Functions, Powers and Duties

2.2.6.6 Constitutional Provisions

2.2.6.7 Independence of the Election Commission

2.2.6.8 Setbacks of the Election Commission

2.3 Key Words

2.4 Activity

2.5 Model Questions

2.1 Introduction

The organ of a government that primarily looks after the function of implementation andadministration of the constitution is known the Union Executive. The Executive is the branch ofGovernment accountable for the implementation of laws and policies legislated by the legislature.Articles 52 to 78 in Part V of the Constitution deal with the Union executive.The executive isgrowing in importance as it provides leadership to the government. With the ever-wideningsphere of its activities, the executive has naturally become the most important branch ofgovernment formally, supremacy may rest with the legislature but in practice, it is the executivewhich is all-important. Thus the Union Executive is salient part of Indian Polity.

2.2 Composition of the Union Executive

This unit introduces the readers to the union executive, an important structure to theworking of the Indian union.

2.2.1 President

The President is elected by members of an electoral college consisting of electedmembers of both Houses of Parliament and Legislative Assemblies of the states in accordance

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with the system of proportional representation, by means of single transferable vote. To secureuniformity among state inter se, as well as parity between the states as a whole, and the Union,suitable weightage is given to each vote. The President must be a citizen of India, not less than35 years of age, and qualified for election as member of the Lok Sabha. His term of office isfive years, and he is eligible for re-election. His removal from office is to be in accordance withprocedure prescribed in Article 61 of the Constitution. He may, by writing under his handaddressed to the Vice-President, resign his office.

Executive power of the Union is vested in the President, and is exercised by him eitherdirectly or through officers subordinate to him in accordance with the Constitution. Supremecommand of defense forces of the Union also vests in him. The President summons, prorogues,addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgatesOrdinances at any time, except when both Houses of Parliament are in session, makesrecommendations for introducing financial and money bills and gives assent to bills, grantspardons, reprieves, respites or remission of punishment or suspends, and remits or commutessentences in certain cases. When there is a failure of the constitutional machinery in a state,he can assume to himself all, or any of the functions of the government of that state. ThePresident can proclaim emergency in the country if he is satisfied that a grave emergencyexists, whereby security of India or any part of its territory is threatened, whether by war orexternal aggression or armed rebellion.

2.2.2 Vice-President

The Vice-President is elected by members of an electoral college consisting of membersof both Houses of Parliament in accordance with the system of proportional representation bymeans of single transferable vote. He must be a citizen of India, not less than 35 years of age,and eligible for election as a member of the Rajya Sabha. His term of office is five years, andhe is eligible for re-election. His removal from office is to be in accordance with procedureprescribed in Article 67 b.

The Vice-President is ex-officio Chairperson of the Rajya Sabha and acts as Presidentwhen the latter is unable to discharge his/her functions due to absence, illness or any othercause, or till the election of a new President (to be held within six months when a vacancy iscaused by death, resignation or removal or otherwise of President). While so acting, s/heceases to perform the function of the Chairperson of the Rajya Sabha.

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Do You Know I

Answer in a word:

1. Who has the power to declare the state of emergency in India?

2. Which part of the Constitution deal with the Union executive?

3. What is the term of office for the President of India?

4. Who is the ex-officio Chairperson of the Rajya Sabha?

2.2.3 Council of Ministers

There is a Council of Ministers headed by the Prime Minister to aid and advise thePresident in exercise of his/her functions. The Prime Minister is appointed by the President,who also appoints other ministers on the advice of Prime Minister. The Council is collectivelyresponsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the Presidentall decisions of Council of Ministers relating to administration of affairs of the Union and proposalsfor legislation and information relating to them.

The Council of Ministers comprises Ministers who are members of Cabinet, Ministers ofState (independent charge), Ministers of State and Deputy Ministers.

2.2.4 Prime Minister

India follows a parliamentary system in which the prime minister is the presiding headof the government and chief of the executive of the government. In such systems, the head ofstate, or, the head of state’s official representative (i.e., the monarch, president, or governor-general) usually holds a purely ceremonial position and acts—on most matters—only on theadvice of the prime minister.

The prime minister—if they are not already—shall become a member of parliament withinsix months of beginning his/her tenure. A prime minister is expected to work with other centralministers to ensure the passage of bills by the parliament.

The Prime Minister of India is the leader of the executive of the Government of India.The prime minister is also the chief adviser to the President of India and head of the Council ofMinisters. They can be a member of any of the two houses of the Parliament of India—the Lok

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Sabha (House of the People) and the Rajya Sabha (Council of the States)—but has to be amember of the political party or coalition, having a majority in the Lok Sabha.

The prime minister is the senior-most member of cabinet in the executive of governmentin a parliamentary system. The prime minister selects and can dismiss members of the cabinet;allocates posts to members within the government; and is the presiding member and chairpersonof the cabinet.

The union cabinet headed by the prime minister is appointed by the President of India toassist the latter in the administration of the affairs of the executive. Union cabinet is collectivelyresponsible to the Lok Sabha as per article 75(3) of the Constitution of India. The prime ministerhas to enjoy the confidence of a majority in the Lok Sabha and shall resign if they are unableto prove majority when instructed by the president.

Do You Know II

Fill in the blanks

1. The _____________ heads the Council of Ministers.

2. The ___________is the chief adviser to the President of India.

3. There is a __________ headed by the Prime Minister to aid and advise the President inexercise of his functions.

4. The ___________ headed by the prime minister is appointed by the President of India.

2.2.5 Electoral System

All 543 elected MPs are elected from single-member constituencies using first-past-the-post voting. The President of India nominates an additional two members from the Anglo-Indian community if he believes the community is under-represented.

Eligible voters must be Indian citizens, 18 or older, an ordinary resident of the pollingarea of the constituency and registered to vote, possess a valid voter identification card issuedby the Election Commission of India or equivalent. Some people convicted of electoral or otheroffences are barred from voting.The elections are being held on schedule and perthe Constitution of India that mandates parliamentary elections once every five years.

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1.2.5.1 Electoral Reforms

2.2.5.1.1 Model Code of Conduct

Election Commission first issued a Model Code of Conduct for political parties at thetime of the fifth general elections, held in 1971. Since then, the Code has been revised fromtime to time and lays down guidelines as to how political parties and candidates should conductthemselves during elections.

A provision was made under the Code that from the time the elections are announcedby the Commission, Ministers and other authorities cannot announce any financial grant, makepromises of construction of roadsand carry out any appointments in government and publicundertakings which may have the effect of influencing the voters in favour of the ruling party.

Despite the acceptance of the Code of Conduct by political parties, cases of its violationhave been on the rise. It is a general complaint that the party in power at the time of electionsmisuses the official machinery to further the electoral prospects of its candidates.

2.2.5.1.2 Misuse of the Electoral system

The misuse of official machinery takes different forms, such as issue of advertisementsat the cost of public exchequer, misuse of official mass media during election period for partisancoverage of political news and publicity regarding their achievements, misuse of governmenttransport including aircraft/helicopter, vehicles. A few major points of misuse are stated below:

I. Disclosure of Antecedents by Candidates

In June 2002, the EC on the direction of the Supreme Court, issued an order underArticle 324 that each candidate must submit an affidavit regarding the information ofhis/her criminal antecedents; assets (both movable and immovable) of self and those ofspouses and dependents as well; and qualifications at the time of filing his/her nominationpapers for election to the Lok Sabha, the Rajya Sabha and the State Legislative Assemblies.

But political parties believed that the EC and the judiciary were overstepping their powers.At the all-party meeting, held on July 8, 2002, representatives of 21 political parties decidedthat the EC’s order should not be allowed to be implemented. The Supreme Court again cameout as a guardian of the citizen’s right to information.

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The Supreme Court made it clear that failing to furnish the relevant affidavit shall beconsidered as a violation of the Supreme Court’s order and as such the nomination papersshall be liable to be rejected by the Returning Officer.

Furnishing of wrong or incomplete information shall result in the rejection ofnomination papers, apart from inviting penal consequences under the Indian PenalCode. The 2004 General Elections were conducted under these rules.

The above order is an effective step to make democracy healthy and unpolluted. Citizenshave every right to know about the persons whom they prefer as their representatives.

The EC has directed all Returning Officers to display the copies of nomination papersand affidavits filed by candidates to the general public and representatives of print and electronicmedia, free of cost.

II. Registration of Political Parties

The party system is an essential feature of parliamentary democracy. However, thereis no direct reference to political parties in the Constitution of India. The statutory lawrelating to registration of political parties was enacted in 1989 which was quite liberal.

As a result, a large number of non-serious parties mushroomed and got registered withthe Commission. Many of them did not contest elections at all after their registration. It led toconfusion among electors as to whom to vote. To eliminate the mushrooming of parties, the EChad to take some rigorous steps:

i. The Commission now registers a party which has at least 100 registered electors as itsmembers and is also charging a nominal processing fee of Rs 10,000 to cover theadministrative expenses which it will have to incur on correspondence with the partiesafter their registration.

ii. In order to ensure that the registered political parties practice democracy in their internalfunctioning, the Commission requires them to hold their organizational elections regularlyin accordance with their constitutions.

The measures taken by the EC to streamline the registration of political parties have showneffective results.

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III. Checking Criminalization of Politics

The EC has expressed its serious concern over the entry of anti-social and criminalpersons into the electoral arena. It has set down norms and made recommendations to thegovernment to curb the menace of criminalization of politics.

i. The Commission has urged all political parties to reach a consensus that no personwith a criminal background will be given the party ticket.

ii. The candidates to an election are also obliged to submit an affidavit in a prescribedform declaring their criminal records, including convictions, charges pending and casesinitiated against them. The information so furnished by the candidates is disseminatedto the public, and to the print and electronic media.

IV. Limits on Poll Expenses

To get rid of the growing influence and vulgar show of money during elections, the EChas fixed legal limits on the amount of money which a candidate can spend during theelection campaign. These limits are revised from time to time. The EC, by appointingexpenditure observers keeps an eye on the individual accounts of election expenditure madeby a candidate during election campaign. The contestants are also required to give detailsof expenditure within 30 days of the declaration of the election results.

Apart from this, the EC is also in favor of holding the Lok Sabha and the Assemblyelections simultaneously, and to reduce the campaign period from 21 to 14 days. This,they feel, will lead to trim down the election expenditure.

V. Use of Scientific and Technological Advancements

i. EVMs: EC has been trying to bring improvements in election procedures by taking advantageof scientific and technological advancements. The introduction of ‘Electronic Voting Machines’(EVMs) is one of the steps in that direction by reducing malpractices and also improving theefficiency of the voting process.

On an experimental basis, the EVMs were first tried in the State of Kerala during the1982 Legislative Assembly Elections. In June 1999 Assembly elections, Goa became the firstState to successfully use EVMs in all its Assembly constituencies.

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In the 2004 Lok Sabha elections, the machines were used all over the country. It is amajor initiative taken by the EC to make the electoral process simple, quick and trouble-free. Ithas saved money, solved several logistical issues and also contributed to the conservation ofthe environment through saving of paper. Another major advantage of these machines is thatthe counting of votes becomes more fast and accurate.

ii. IT : EC has not lagged behind in making use of Information Technology for efficient electoralmanagement and administration. It launched a website of its own in 1998.

This is now a good source to have accurate information about elections, election laws,manuals and handbooks published by the Commission.

iii. Computerization of Electoral Rolls: With a view to prevent impersonation of electors atthe time of voting and to eliminate bogus and fictitious entries into electoral rolls, EC took abold step in 1998 to take a nationwide program for the ‘computerisation’ of electoral rolls.

The printed electoral rolls, as well as CDs containing these rolls, are available to thegeneral public for sale national and State parties are provided these free of cost after everyrevision of electoral rolls.

The entire country’s electoral rolls are available on its website. Karnataka became thefirst State to prepare electoral rolls with the photographs of voters in the 2008 elections.

iv. EPICs: In an attempt to improve the accuracy of the electoral rolls and prevent electoralfraud, the Election Commission in August 1993 ordered the issuance of electors’ photo identitycards (EPICs) for all voters.

During the 2004 Assembly elections, it was mandatory for people possessing EPICs tofurnish it at the time of voting. The distribution of EPICs, on the part of Election Commission,was a major step to reduce electoral malpractices. Only genuine voters were listed in the rollswith the issuance of voter identity cards.

VI. De-criminalization of politics: For preventing persons with criminal background frombecoming legislators, the Commission has made a proposal for disqualifying (from contestingelection) a person against whom charges have been framed by a Court for an offence punishableby imprisonment of 5 years or more. There is a provision of disqualification once a person isconvicted and sentenced to imprisonment of two years or more. The Commission’s proposal isfor disqualification even prior to conviction, provided the court has framed charges. As a

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precaution against foisting false cases on the eve of election, it has been suggested that onlythose cases in which charges are framed six months prior to an election should be taken intoaccount for that election.

VII. Political parties reforms: The political parties should be legally required to get their accountsaudited annually. The audited accounts should be put in public domain. There should betransparency in the fund raising and expenditure of political parties. Income tax exemption fordonations should be given only for those political parties which contest election and win seatsin the Parliament/State Legislature.

VIII. Misuse of religion for electoral gain The Commission has proposed that the provisionin that Bill should be considered for avoiding misuse of religion by political parties.

IX. Amendment of law to make ‘paid news’ an electoral offence: The Commission hasbeen proposed amendment in the Representation of People Act (RoPA), 1951, to providetherein that publishing and abetting the publishing of ‘paid news’ for furthering the prospect ofelection of any candidate or for prejudicially affecting the prospect of election of any candidatebe made an electoral offence with punishment of a minimum of two years imprisonment.

X. Negative/neutral voting: In the ballot paper and on the ballot unit, after the particularsrelating to the last candidate, there should be provisions for a column ‘none of the above’ toenable a voter to reject all candidates if he so desires.

XI. Ban on transfer of election officers on the eve of election: In the case of generalelection, there should be a ban against transferring any election related officer without theconcurrence of the Commission for a period of six months prior to the expiry of the term of theHouse.

XII. Punishment for false affidavit by candidates: RoPA (The Representation of the PeopleAct) 1951 provides that furnishing false information in the affidavit filed by the candidate is anoffence punishable by imprisonment up to six months or with fine. There is no clear provisionfor follow-up action in the event of candidates filing false affidavits. EC has recommendedthat RoPA, 1951 should be amended to provide that any complaint regarding false statementin the affidavit filed by the candidates in connection with the nomination paper shall be filedbefore the Returning Officer (RO) concerned within a period of 30 days from the date ofdeclaration of the election and that it shall be the responsibility of the RO to take proper follow-up action.Alternatively, complaint can lie directly to the Magistrate Court.

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Do You Know III

Fill in the Banks

1. Eligible voters must beat least _________ years of age in order to vote in India.

2. The full form of EVM is __________________.

3. ____________ became the first State to prepare electoral rolls with the photographs ofvoters in the 2008 elections.

2.2.6 Election Commission of India

The Election Commission of India, abbreviated as ECI is a constitutionalbody responsible for administering elections in India according to the rules and regulationsmentioned in the Constitution of India.It was established on January 25, 1950. The major aimof election commission of India is to define and control the process for elections conducted atvarious levels, Parliament, State Legislatures, and the offices of the President and VicePresident of India. It can be said that the Election Commission of India ensures smooth andsuccessful operation of the democracy.

According to Article 324 of Indian Constitution, the Election Commission of India hassuperintendence, direction, and control of the entire process for conduct of elections toParliament and Legislature (state legislative assembly & state legislative council) of everyState and to the offices of President and Vice-President of India.

Initially, the commission had only a Chief Election Commissioner. Presently, it consistsof a Chief Election Commissioner and two Election Commissioners. For the first time,two additional Commissioners were appointed on 16th October 1989 but they had a very shortterm till 1st January 1990. Afterwards, on 1st October 1993 two additional ElectionCommissioners were appointed. The concept of multi-member Commission has been inoperation since then, with decision-making power by majority vote.

2.2.6.1 Appointment & Tenure of Commissioners

1. The President has the power to select Chief Election Commissioner and ElectionCommissioners.

2. They have tenure of six years, or up to the age of 65 years, whichever is earlier.

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3. They have the same status and receive pay and perks as available to Judges of theSupreme Court of India.

4. The Chief Election Commissioner can be removed from office only through accusationby Parliament.

5. Election commissioner or a regional commissioner shall not be removed from officeexcept on the recommendation of the Chief Election Commissioner.

2.2.6.2 Advisory Jurisdiction & Quasi-Judicial Functions

1. Under the Constitution, the Commission also has advisory jurisdiction in the matter ofpost-election ineligibility of sitting members of Parliament and State Legislatures.

2. Additionally, the cases of persons found guilty of dishonest practices at elections whichcome before the Supreme Court and High Courts are also referred to the Commissionfor its opinion on the question as to whether such person shall be disqualified and, if so,for what period. The judgment of the Commission in all such matters is binding on thePresident or, as the case may be, the Governor to whom such opinion is tendered.

3. The Commission has the power to prohibit a candidate who has failed to lodge anaccount of his election expenses within the time and in the manner set by law.

4. The Commission has also the power to remove or reduce the period of suchdisqualification as also other disqualification under the law.

2.2.6.3 Administrative Powers

1. To decide the territorial areas of the electoral constituencies throughout the country onthe basis of the Delimitation Commission Act of Parliament.

2. To organize and periodically amend electoral rolls and to register all qualified voters.

3. To inform the dates & schedules of election and to scrutinize the nomination papers.

4. To grant recognition to political parties & allot election symbols to them.

5. To act as a court for settling disputes related to granting of recognition to political partiesand allotment of election symbol to them.

6. ECI appoints the following-

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Chief Electoral Officer

ECI in consultation with State Government/Union Territory Administration nominates ordesignates an Officer of the said State/UT as the Chief Electoral Officer to supervise theelection work in the State/UT.

District Election Officer

ECI in consultation with the State Government/ Union Territory Administration designatesan officer of the said State/UT as the District Election Officer to supervise the election workof a district.

Returning Officer

ECI in consultation with State Government/Union Territory Administration nominates ordesignates an officer of the Government or a local authority as the Returning Officer foreach assembly and parliamentary constituency. Returning Officer is responsible for theconduct of elections in the parliamentary or assembly constituency and may be assisted byone or more Assistant Returning Officers (again appointed by ECI) in the performance ofhis functions.

Electoral Registration Officer

ECI appoints the officer of State or local government as Electoral Registration Officer forthe preparation of Electoral rolls for a parliamentary/ assembly constituency.

1.2.6.4 Primary Roles

The Election commission plays a vital role in organizing elections. The most criticalchallenge before the Election Commission of India is to implement norms and the Model Codeof Conduct to ensure free and fair elections in the country. Its existence and independence arenecessitated by history, which has revealed that self-governing elections are not free fromdisruption. Towards this end, it has been empowered to supervise political parties and candidatesand take appropriate action in case of violations.

2.2.6.5 Functions, Powers and Duties

Key functions of the Election Commission of India are as under:

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1. The Election Commission of India is considered the guardian of free and reasonableelections.

2. It issues the Model Code of Conduct in every election for political parties and candidatesso that the decorum of democracy is maintained.

3. It regulates political parties and registers them for being eligible to contest elections.

4. It publishes the allowed limits of campaign expenditure per candidate to all the politicalparties, and also monitors the same.

5. The political parties must submit their annual reports to the ECI for getting tax benefit oncontributions.

6. It guarantees that all the political parties regularly submit their audited financial reports.

Other powers handled by the Election Commission of India are as follows:

1. The Commission can repress the results of opinion polls if it deems such an action fit forthe cause of democracy.

2. The Commission can recommend for disqualification of members after the elections if itthinks they have violated certain guidelines.

3. In case, a candidate is found guilty of dishonest practices during the elections, the SupremeCourt and High Courts consult the Commission.

4. The Commission can postpone candidates who fail to submit their election expense accountstimely.

The main duties of the Election Commission are:

1. To supervise, direct, control and conduct all elections to Parliament and State Legislaturesas also to the office of the President and Vice- President of India.

2. To set down general rules for election.

3. To determine constituencies and to prepare electoral rolls.

4. To give credit to political parties.

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5. To allot election symbols to different political parties and individual contestants.

6. To appoint tribunals for the decision of doubts and disputes arising out of or in connectionwith election to parliament and State Legislatures.

2.2.6.6 Constitutional Provisions

1. Art. 324: broadly speaks of the functions of EC and its composition.

2. Art. 325: there shall be one general electoral roll for every territorial constituency forelection to either Houses of Parliament and State legislature. It establishes equalityamong citizens by affirming that no person shall be ineligible for inclusion in the electoralroll on the grounds of religion, race, caste or sex.

3. Art. 326: lays down adult suffrage as the basis of elections to the Lok Sabha and to theLegislative Assemblies of States.

4. Art. 327: confers on Parliament the power to make provisions with respect to electionsto federal and State Legislatures

5. Art. 328: confers on State Legislature the power to make laws with respect to electionsto such legislature

6. Art. 329: bars interference by courts in electoral matters. Notwithstanding anything saidin the constitution i.e. validity of any law relating to the delimitation of constituencies orthe allotment of seats to such constituencies shall not be called in question in any court

No election to either House of Parliament or either House of the Legislature of a State shall becalled in question except by an election petition. Any elector or candidate can file an electionpetition on grounds of malpractice during the election. In respect of elections to the Parliamentand State Legislatures, they can only be filed before the High Court and in respect of electionsfor the offices of President and Vice President; such petitions can only be filed before theSupreme Court.

2.2.6.7 Independence of the Election Commission

Article 324 of the Constitution has made the following provisions to safeguard andensure the independent and impartial functioning of the election commission:

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1. The CEC is provided with the security of tenure. He holds office for a term of 6 yearsfrom the date he assumes office or till he attains the age of 65 years, whichever is earlier

2. Art. 324(5) says that the CEC cannot be removed from his office except in like mannerand on like grounds as a Judge of the Supreme Court i.e. he can be removed by thepresident on the basis of a resolution passed to that effect by both the Houses of Parliamentwith special majority, either on the ground of proved misbehavior or incapacity

3. Any other election commissioner or a regional commissioner cannot be removed fromoffice except on the recommendation of the CEC

4. The service conditions of the CEC cannot be varied to his disadvantage after hisappointment

2.2.6.8 Setbacks of the Election Commission

1. The Constitution has not prescribed the qualifications (legal, educational, administrativeor judicial) of the members of the Election Commission.

2. The Constitution has not debarred the retiring election commissioners from any furtherappointment by the government.

3. The administrative expenses of the EC or the salaries, allowances, and pensions of theCEC and ECs are not charged on the Consolidated Fund of India.

Do You Know IV

Answer in a word or two:

1. Which constitutional body is responsible for administering elections in India accordingto the rules mentioned in the Constitution of India?

2. What is the most critical challenge before the Election Commission of India to ensurefree and fair elections in the country?

3. Which article of the Constitutional provisions bars interference by courts in electoralmatters?

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Recap

1. The organ of a government that primarily looks after the function of implementation andadministration of the constitution is known the Union Executive.

2. The President must be a citizen of India, not less than 35 years of age, and qualified forelection as member of the Lok Sabha. His term of office is five years, and he is eligiblefor re-election.

3. The Vice President must be a citizen of India, not less than 35 years of age, and eligiblefor election as a member of the Rajya Sabha. His term of office is five years, and he iseligible for re-election.

4. The Council of Ministers is headed by the Prime Minister and they aid and advise thePresident in exercise of his/her functions.

5. The Council of Ministers comprises Ministers who are members of Cabinet, Ministers ofState (independent charge), Ministers of State and Deputy Ministers.

6. Eligible voters in India must be Indian citizens, 18 or older, an ordinary resident of thepolling area of the constituency and registered to vote, possess a valid voter identificationcard issued by the Election Commission of India or equivalent.

7. The Election Commission of Indiawas established on January 25, 1950.

8. The President has the power to select Chief Election Commissioner and ElectionCommissioners.

9. Initially, the commission had only a Chief Election Commissioner. Presently, it consists ofa Chief Election Commissioner and two Election Commissioners.

10. The Election commission plays a vital role in organizing elections.

Check Your Progress

1. Write a note on the Council of Ministers and their role in the Union Executive.

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2. What are EPICs? Give a brief note on the Election Commission’s use of it to reduceelectoral malpractice.

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3. List out the main duties of the Election Commission of India.

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4. Enumerate on the setbacks of the Election Commission of India.

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Check your answers

Do you know I

1. President

2. Articles 52 to 78 in Part V of the Indian Constitution

3. five years

4. Vice President

Do you know II

1. Prime Minister

2. Prime Minister

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3. Council of Ministers

4. Union Cabinet

Do You Know III

1. Eighteen

2. Electronic Voting Machines

3. Karnataka

Do You Know IV

1. Election Commission of India

2. India to implement norms and the Model Code of Conduct

3. Art. 329

2.3 Keywords

1. inter se –between or among themselves

2. Ex-officio - by virtue of one’s position or status.

3. code of conduct - a set of rules outlining the norms, rules, and responsibilities of, orproper practices for an individual or a collective

4. public exchequer -the account into which tax funds and other public funds are deposited

5. partisan - a strong supporter of a party, cause, or person

2.4 Activity

Write down a relative’s or your own experience on voting in any election in India. Whatare your/their views on the technological advancements in the voting process?

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2.5 Model Questions

1. Describe in detail about the various ways in which misuse of the Electoral system takesplace?

2. Describe in detail the various powers, functions and duties of the Election Commission ofIndia?

3. Explain the role of the Prime Minister and his/her council of Ministers.

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LESSON – 3

PARLIAMENTLearning Objectives


the role of Lok Sabha and Raja Sabha

the relation between the two Houses

the function and powers of the Parliament

Structure

3.1 Introduction

3.2 The Houses ofParliament

3.2.1 Rajya Sabha

3.2.1.1 Composition/Strength of the Rajya Sabha

3.2.1.2 Qualifications

3.2.1.3 Chairperson of the Rajya Sabha

3.2.2 Lok Sabha

3.2.2.1 Composition/Strength of the Lok Sabha


3.2.2.3 Office of the Speaker of the Lok Sabha

3.2.2.3.1 Term of Office

3.2.2.3.2 Election of Speaker

3.2.2.3.3 Speaker in the Chair

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3.2.2.3.4 Regulating the Business of the House

3.2.2.3.5 Speaker and the Committees

3.2.2.3.6 Speaker and Members

3.2.2.3.7 Speaker and Inter-Parliamentary Relations

3.2.2.3.8 Speaker’s Administrative Role

3.3 Relation between the two Houses

3.4 Functions and Powers of Parliament

3.5 Key Words

3.6 Activity

3.7 Model Questions

3.1 Introduction

The Parliament of India, representing as it does all politically organised shades of publicopinion at the national level, occupies a pre-eminent and pivotal position in the country’sconstitutional set-up. It has, over the years carved out for itself a unique place in the esteemand affection of the people as the forum through which they articulate and realise their grievancesand aspirations and seek solutions to their problems.

The Sansad Bhavan (Parliament House) located in New Delhi

In this unit, we will look into the basic function of the Indian Parliament.

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3.2 The Houses of Parliament

The Parliament is also known as Legislature of the Union. The Constitution of Indiaprovides for a bicameral parliament consisting of the President and the two Houses known asthe Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Each Househas to meet within six months of its previous sitting. A joint sitting of two Houses can be held incertain cases. We have already discussed in detail about the role of the President in the previousunit. In this unit, we will look into the two Houses in detail.

3.2.1 Rajya Sabha

Rajya Sabha is a nomenclature that was announced by the chair in the House on the23rd August, 1954 has its own distinctive features. Elections to the Rajya Sabha are indirect;members representing States are elected by elected members of legislative assemblies of theStates in accordance with the system of proportional representation by means of the singletransferable vote, and those representing Union Territories are chosen in such manner asParliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of itsmembers retire every second year.The Rajya Sabha is also known as the ‘Council of States’.

3.2.1.1 Composition/Strength of the Rajya Sabha

The Constitution provides that the Rajya Sabha shall consist of 250 members, of which12 members shall be nominated by the President from amongst persons having specialknowledge or practical experience in respect of such matters as literature, science, art andsocial service; and not more than 238 representatives of the States and of the UnionTerritories.Rajya Sabha, at present, has 245 seats. Of these, 233 members represent theStates and the Union Territories, and 12 members are nominated by the President.


Article 84 of the Constitution lays down the qualifications for membership of Parliament. A person to be qualified for the membership of the Rajya Sabha should possess the followingqualifications:

he must be a citizen of India and make and subscribe before some person authorizedin that behalf by the Election Commission an oath or affirmation according to the formset out for the purpose in the Third Schedule to the Constitution

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he must be not less than 30 years of age

he must possess such other qualifications as may be prescribed in that behalf by orunder any law made by Parliament

3.2.1.3 Chairperson of the Rajya Sabha

The Vice President of India is the ex-officio Chairperson of the Rajya Sabha, who presidesover its sessions. The Deputy Chairperson is elected from amongst the house’s members ands/he takes care of the day-to-day matters of the house, in the absence of the Chairperson.

The place of session of the Lok Sabha and Rajya Sabha

1.2.2 Lok Sabha

Lok Sabha is the lower chamber of India’s bicameral parliament. Under the constitutionof 1950, its members are directly elected for a term of five years by territorial constituencies inthe states. The Lok Sabha is also known as the “House of the People”.The term of the LokSabha, unless dissolved earlier, is five years from the date appointed for its first meeting.

3.2.2.1 Composition/Strength of the Lok Sabha

The Lok Sabha is composed of representatives of people chosen by direct election onthe basis of adult suffrage. The maximum strength of the House envisaged by the Constitutionis now 552 (530 members to represent States, 20 to represent Union Territories, and not morethan two members of the Anglo-Indian community to be nominated by the President, if, in hisopinion, that community is not adequately represented in the House). The total electivemembership of the Lok Sabha is distributed among States in such a way that the ratio between

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the number of seats allotted to each State and population of the State is, as far as practicable,the same for all States. The Lok Sabha at present consists of 545 members. Of these, 530members are directly elected from the States and 13 from Union Territories, while two arenominated by the President to represent the Anglo-Indian community.

3.2.2.2 Qualification

To become a member of the Lok Sabha, a person should be a citizen of India, not lessthan 25 years of age and possess such other qualifications as may be prescribed by or underany law made by Parliament [Art. 84]

3.2.2.3 Office of the Speaker of the Lok Sabha

The office of the Speaker occupies a pivotal position in our parliamentary democracy. Ithas been said of the office of the Speaker that while the members of Parliament represent theindividual constituencies, the Speaker represents the full authority of the House itself. S/Hesymbolizes the dignity and power of the House over which s/he is presiding. Therefore, it isexpected that the holder of this office of high dignity has to be one who can represent theHouse in all its manifestations.

The responsibility entrusted to the Speaker is so onerous that s/he cannot afford tooverlook any aspect of parliamentary life. His/her actions come under close scrutiny in theHouse and are also widely reported in the mass media.

Even though the Speaker speaks rarely in the House, when s/he does, s/he speaks forthe House as a whole. The Speaker is looked upon as the true guardian of the traditions ofparliamentary democracy. His/Her unique position is illustrated by the fact that s/he is placedvery high in the Warrant of Precedence in our country, standing next only to the President, theVice-President and the Prime Minister. Adequate powers are vested in the office of the Speakerto help him/her in the smooth conduct of the parliamentary proceedings and for protecting theindependence and impartiality of the office. The Constitution of India provides that the Speaker’ssalary and allowances are not to be voted by Parliament and are to be charged on theConsolidated Fund of India.

3.2.2.3.1 Term of Office

The Speaker holds office from the date of his/her election till immediately before thefirst meeting of the Lok Sabha after the dissolution of the one to which s/he was elected. S/He

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is eligible for re-election. On the dissolution of the Lok Sabha, although the Speaker ceases tobe a member of the House, s/he does not vacate his/her office. The Speaker may, at anytime, resign from office by writing under his/her hand to the Deputy Speaker. The Speakercan be removed from office only on a resolution of the House passed by a majority of all thethen members of the House.

3.2.2.3.2 Election of Speaker

In the Lok Sabha, the lower House of the Indian Parliament, both Presiding Officers—the Speaker and the Deputy Speaker- are elected from among its members by a simple majorityof members present and voting in the House. As such, no specific qualifications are prescribedfor being elected the Speaker. The Constitution only requires that Speaker should be a memberof the House. But an understanding of the Constitution and the laws of the country and therules of procedure and conventions of Parliament is considered a major asset for the holder ofthe office of the Speaker. The election of the Speaker of the Lok Sabha is an important eventin the life of the House. One of the first acts of a newly constituted House is to elect theSpeaker. Usually, a member belonging to the ruling party is elected the Speaker.

3.2.2.3.3 Speaker in the Chair

In the Lok Sabha Chamber, the Speaker’s Chair is distinctively placed and, from his/herseat, s/he gets a commanding view of the entire House. Insofar as the proceedings areconcerned, s/he is guided by the provisions of the Constitution and the Rules of Procedure andConduct of Business in Lok Sabha. S/He also benefits from the Directions issued by his/herpredecessors which are compiled periodically. Besides, s/he is assisted by the Secretary-Generalof the Lok Sabha and senior officers of the Secretariat on parliamentary activities and onmatters of practice and procedure. In the absence of the Speaker, the Deputy Speaker dischargeshis/her functions.

As the conventional head of the Lok Sabha and as its principal spokesman, the Speakerrepresents its collective voice. S/He is the ultimate arbiter and interpreter of those provisionswhich relate to the functioning of the House. His/Her decisions are final and binding and ordinarilycannot be questioned, challenged or criticized.

3.2.2.3.4 Regulating the Business of the House

The final authority for adopting rules for regulating its procedure rests with each House,but a perusal of the rules of the Indian Parliament would indicate that the Presiding Officers in

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the two Houses are given vast powers by the rules. It is the Presiding Officer who decides theadmissibility of a Question; it is s/he who decides the forms in which amendments may bemoved to the Motion of Thanks to the President’s Address. With regard to moving amendmentsto a Bill, the permission of the Chair is required. In regards to regulating discussions in theHouse, it is the Speaker who decides as to when a member shall speak and how long s/heshall speak.

The Speaker is the guardian of the rights and privileges of the House, its Committeesand members. The entire Parliamentary Estate is under the authority of the Speaker. When adecision of the House is to be ascertained on a motion made by a member, the question is putby the Speaker before the House to obtain the decision.

Under the Constitution, the Speaker enjoys a special position insofar as certain matterspertaining to the relations between the two Houses of Parliament are concerned. It is theSpeaker of the Lok Sabha who presides over joint sittings called in the event of disagreementbetween the two Houses on a legislative measure.

Following the 52nd Constitution amendment, the Speaker is vested with the power relatingto the disqualification of a member of the Lok Sabha on grounds of defection.

Though a member of the House, the Speaker does not vote in the House except onthose rare occasions when there is a tie at the end of a decision. Till date, the Speaker of theLok Sabha has not been called upon to exercise this unique casting vote.

3.2.2.3.5 Speaker and the Committees

The Committees of the House function under the overall direction of the Speaker. Allsuch Committees are constituted by his/her or by the House. The Chairmen of all ParliamentaryCommittees are nominated by him/her. Any procedural problems in the functioning of theCommittees are referred to him/her for directions. Committees like the Business AdvisoryCommittee, the General Purposes Committee and the Rules Committee work directly underhis/her Chairpersonship.

3.2.2.3.6 Speaker and Members

The Speaker is at once a member of the House as also its Presiding Officer. It is alwaysthe Speaker’s task to ensure that parliamentary decorum is maintained under all circumstances.For this, s/he is invested with wide-ranging disciplinary powers under the rules. On the one

42

hand, s/he strives to give adequate opportunities to all sections of the House to ventilate theirviews and on the other s/he has to preserve the dignity of the House. The Speaker’s position insuch situations is certainly unenviable. It is indeed a delicate task which calls for diplomacy,firmness, persuasion and perseverance of a high order.

3.2.2.3.7 Speaker and Inter-Parliamentary Relations

The Speaker has certain other functions to perform as the head of the Lok Sabha. S/Heis the ex officio President of the Indian Parliamentary Group (IPG), set up in 1949, whichfunctions as the National Group of the Inter-Parliamentary Union (IPU) and the Main Branch ofthe Commonwealth Parliamentary Association (CPA). In that capacity, members of variousIndian Parliamentary Delegations going abroad are nominated by him/her after consulting theChairperson of the Rajya Sabha. Most often, the Speaker leads such delegations. Besides, s/he is the Chairperson of the Conference of Presiding Officers of Legislative Bodies in India.

3.2.2.3.8 Speaker’s Administrative Role

The Speaker is the head of the Lok Sabha Secretariat which functions under his/herultimate control and direction. The Speaker’s authority over the Secretariat staff of the House,its precincts and its security arrangements is supreme. All strangers, visitors and presscorrespondents are subject to his/her discipline and orders and any breach of order may bepunished by means of exclusion from the precincts of the Parliament House. No alternation oraddition can be made in the Parliament House and no new structure can be erected in theParliament Estate without the Speaker’s permission.

Pandit Jawaharlal Nehru, one of the chief architects of India’s freedom and a movingforce behind its Constitution, placed the office of the Speaker in India in the proper contextwhen he said:

“The Speaker represents the House. He/she represents the dignity of the House, thefreedom of the House and because the House represents the nation, in a particularway, the Speaker becomes a symbol of nation’s freedom and liberty. Therefore thatshould be an honoured position, a free position and should be occupied always bypersons of outstanding ability and impartiality.”

This would explain why this office still remains one of the most crucial ones in the life of everyLok Sabha.

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Do you Know I

Fill in the blanks:

1. The Parliament is also known as _______________.

2. The Rajya Sabha is not subject to dissolution but _________of its members retireevery second year.

3. In order to be a member ofthe Rajya Sabha, one should not less than ______ years ofage.

4. The Lok Sabha generally has __________ number of representatives from the AngloIndian community in its membership.

5. The ____________ of the Lok Sabha represents its collective voice.

3.3 Relation between the two Houses

Under article 75(3) of the Constitution, the Council of Ministers is collectively responsibleto Lok Sabha which means Rajya Sabha cannot make or unmake the Government. It can,however, exercise control over the Government and this function becomes quite prominent,particularly when the Government does not enjoy majority in Rajya Sabha.

To resolve a deadlock between the two Houses, in case of an ordinary legislation, theConstitution provides for the joint sitting of both Houses. In fact, there have been three occasionsin the past when the Houses of Parliament had met in joint sitting to resolve differences betweenthem. Issues in joint sitting are decided by a majority of the total number of members of bothHouses present and voting. The joint sitting is held in the Central Hall of Parliament Housepresided over by the Speaker, Lok Sabha. However, in the case of a Money Bill, there is noprovision in the Constitution for a joint sitting of both Houses as Lok Sabha clearly enjoys pre-eminence over Rajya Sabha in financial matters.

Ministers may belong to either House of Parliament. The Constitution does not makeany distinction between the Houses in this regard. Every Minister has the right to speak andtake part in the proceedings of either House but he is entitled to vote only in the House of whichhe is a member.

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Similarly, with regard to powers, privileges and immunities of the Houses of Parliament,their members and committees thereof, the two Houses are placed absolutely on equal footingby the Constitution.

Other important matters in respect of which both Houses enjoy equal powers are

election and impeachment of the President

election of the Vice-President

power to remove the Judges of Supreme Court and High Courts, the Chief ElectionCommissioner and the Comptroller and Auditor General

approving the Proclamation of Emergency

the proclamation regarding failure of constitutional machinery in States

financial emergency.

It is thus clear that except in the case of collective responsibility of the Council of Ministers andcertain financial matters, which fall in the domain of Lok Sabha only, both Houses enjoy equalpowers.

3.4 Functions and Powers of Parliament

As in other parliamentary democracies, the Parliament in India has the cardinal functionsof legislation, overseeing of administration, passing of the Budget, ventilation of public grievancesand discussing various subjects like development plans, national policies and internationalrelations. The distribution of powers between the Union and the States, followed in theConstitution, emphasizes in many ways the general predominance of Parliament in the legislativefield. Apart from a wide-range of subjects, even in normal times, the Parliament can, undercertain circumstances, assume legislative power with respect to a subject falling within thesphere exclusively reserved for the States.

All legislation require consent of both the Houses of Parliament. Delegated legislation isalso subject to review and control by Parliament. Besides the power to legislate, the Constitutionvests in Parliament the power to initiate amendment of the Constitution.

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Do you know II


1. What does the Constitution provide in order to resolve a deadlock between the twoHouses (Lok and Rajya Sabha) in case of an ordinary legislation?

2. Who presides over the joint sitting of the two Houses?

Recap

1. The Constitution of India provides for a bicameral parliament consisting of the Presidentand the two Houses known as the Council of States (Rajya Sabha) and the House ofthe People (Lok Sabha).

2. The Rajya Sabha is not subject to dissolution; one-third of its members retire everysecond year.

3. The Rajya Sabha is also known as the ‘Council of States’.

4. The Constitution provides that the Rajya Sabha shall consist of 250 members, of which12 members shall be nominated by the President from amongst persons having specialknowledge or practical experience in respect of such matters as literature, science, artand social service.

5. The Vice President of India is the ex-officio Chairperson of the Rajya Sabha, who presidesover its sessions.

6. Lok Sabha is the lower chamber of India’s bicameral parliament.

7. The Lok Sabha is also known as the “House of the People”.

8. The office of the Speaker occupies a pivotal position in our parliamentary democracy.The Speaker represents the full authority of the House itself.

9. To resolve a deadlock between the two Houses, in case of an ordinary legislation, theConstitution provides for the joint sitting of both Houses.

10. The Parliament in India has the cardinal functions of legislation, overseeing ofadministration, passing of the Budget, ventilation of public grievances and discussingvarious subjects like development plans, national policies and international relations.

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Check Your Progress

1. Explain the composition/strength of the Rajya Sabha.

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2. What are the Qualifications needed to become a member of the Lok Sabha?

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3. List out the important matters in respect of which both Houses enjoy equal powers.

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4. Briefly explain the functions of the Parliament of India.

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Check your answers

Do you know I

1. Legislature of the Union

2. one-third

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3. Speaker

4. 30

Doyou know II

1. Joint sitting of both Houses

2. Speaker of the Lok Sabha

3.5 Key words

1. Nomenclature – a system of names and terms used in a particular field

2. Bicameral –having two chambers

3. Legislative –having the power to make laws

4. Suffrage –the right to vote in political elections

5. Deadlock –a situation, involving opposing parties, in which no progress can be made

6. Impeachment - a charge of misconduct made against the holder of a public office

1.6 Activity

Choose any news media/platform and watch the proceedings of either a Lok Sabha or RajyaSabha session. Make note of issues and discussions made during the session.

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3.7 Model Questions

1. Elucidate on the qualifications, composition and positions of power in the two Houses ofParliament.

2. Discuss in detail the position of the Speaker of the Lok Sabha.

3. Write a note on the relation between the two Houses of Parliament.

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LESSON – 4

JUDICIARYLearning Objectives


the importance of theIndian Judiciary

the role of the constitution in relation to the function of Judiciary

the role of the Judiciary system

Structure

4.1 Introductionto the Indian Judiciary

4.1.1 The levels of Judiciary

4.2 Procedure for Judges of the Judiciary

4.2.1 Appointment

4.2.2 Removal

4.3 Judiciary system of India

4.3.1 Supreme Court of India

4.3.1.1 Supreme Court’s Jurisdiction

4.3.1.1.1 Original Jurisdiction

4.3.1.1.2 Appellate Jurisdiction

4.3.1.1.3 Advisory Jurisdiction

4.3.2 High courts

4.3.3 District courts

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4.4 Independence of Judiciary

4.5 Constitutional Remedies

4.6 Judicial Review

4.7 Key Words

4.8 Activity

4.9 Model Questions

4.1 Introduction to the Indian Judiciary

The Indian Judicial system is one of the oldest legal systems in the world today. Therule of law governs the country of India. The judiciary is an important part of our government andplays a critical role in the way our democracy works. The framework of the legal system hasbeen laid down by the Indian Constitution and the judicial system derives its power from it. TheConstitution of India is the supreme law of the country, the fountain source of law in this country.

4.1.1 Levels of Indian Judiciary

There are various levels of judiciary in India – different types of courts, each with varying powersdepending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy ofprecedence, in line with the order of the courts in which they sit, with the Supreme Court ofIndia at the top, followed by High Courts of respective states with district judges sitting in DistrictCourts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.

Class Rank

Chief Justice of the Supreme Court First

Justice of the Supreme Court Second

Chief Justice of the High Court Third

Justice of the High Court Fourth

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District & Session Judge Fifth

Additional District & Session Judge Sixth

Chief Judicial Magistrate / Civil Judge (Senior Division) Seventh

Sub-Divisional Judicial Magistrate /Judicial Magistrate1st Class / Civil Judge (Junior Division) Eighth

Judicial Magistrate 2nd Class Ninth

After this, the Executive Hierarchy starts. While not Judicial officers, they hold magisterialpower to try minor cases that are not brought before the Civil Courts.

Class Rank

District Magistrate / ADM Tenth

4.2.2 Procedure for Judges of the Judiciary

4.2.2.1 Appointment

A judge is appointed to the Supreme Court and the High Courts by the President ofIndia from a list of names recommended by the collegium – a closed group of the Chief Justiceof India and the senior-most judges of the Supreme Court, for appointments to the SupremeCourt, and they, together with the Chief Justice of a High Court and its senior-most judges, forappointments to that court. This has resulted in a Memorandum of Procedure being followed,for the appointments.

4.2.2.2 Removal

A judge may be removed from office through a motion adopted by Parliament on groundsof ‘proven misbehaviour or incapacity’. While the Constitution does not use the word‘impeachment’, it is colloquially used to refer to the proceedings under Article 124 (for theremoval of a Supreme Court judge) and Article 218 (for the removal of a High Court judge).TheConstitution provides that a judge can be removed only by an order of the President,based on a motion passed by both Houses of Parliament. The procedure for removalof judges is elaborated in the Judges Inquiry Act, 1968. The Act sets out the followingsteps for removal from office:

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Under the Act, an impeachment motion may originate in either House of Parliament. Toinitiate proceedings: (i) at least 100 members of Lok Sabha may give a signed notice tothe Speaker, or (ii) at least 50 members of Rajya Sabha may give a signed notice to theChairman. The Speaker or Chairman may consult individuals and examine relevantmaterial related to the notice. Based on this, he or she may decide to either admit themotion or refuse to admit it.

If the motion is admitted, the Speaker or Chairman (who receives it) will constitute athree-member committee to investigate the complaint. It will comprise: (i) a SupremeCourt judge; (ii) Chief Justice of a High Court; and (iii) a distinguished jurist. Thecommittee will frame charges based on which the investigation will be conducted. Acopy of the charges will be forwarded to the judge who can present a written defence.

After concluding its investigation, the Committee will submit its report to the Speaker orChairman, who will then lay the report before the relevant House of Parliament. If thereport records a finding of misbehaviour or incapacity, the motion for removal will betaken up for consideration and debated.

The motion for removal is required to be adopted by each House of Parliament by: (i) amajority of the total membership of that House; and (ii) a majority of at least two-thirdsof the members of that House present and voting. If the motion is adopted by thismajority, the motion will be sent to the other House for adoption.

Once the motion is adopted in both Houses, it is sent to the President, who will issue anorder for the removal of the judge.

Doyou know I


1. Who holds the first rank in the hierarchy of judges in the Indian Judicial system?

2. Who appoints a judge to the Supreme Court and the High Courts by referring to a list ofnames recommended by the collegium?

4.1 Judiciary system of India

The Judiciary is referred to in the Constitution as the Union Judiciary. The Judiciary isunified. The highest court in the judicial system, and the final appellate court, is the Supreme

53

Court of India. The States and Union territories have High Courts, with civil courts, criminal/sessions courts and various tribunals operating under them. The Courts also have the right topunish people for the crimes they commit. Almost every social situation which needs a rule ismanaged by the judiciary.

Dispute Resolution: Whenever there is a dispute, the courts intervene inproviding solutions. Whether it’s a dispute between citizens, citizens, and government,or between two state governments or even the central and state governments, thecourt is responsible for dispute resolution.

Judicial Review: The judiciary has the final hold on the Constitution of India. As such,if there is any violation of the fundamentals of the constitution, the court can evenoverwrite laws passed by the Parliament. This process is called Judicial Review.

Upholding the Law and Enforcing Fundamental Rights: Almost all FundamentalRights of Indian citizens are defined in our constitution. In case, any citizen feels thatany of such rights are violated, they can approach their local high courts or the SupremeCourt.

4.3.1 Supreme Court of India

The Supreme Court is the highest court of the country or nation, which is established bythe Constitution. According to it, the Supreme Court is a federal court, guardian of the Constitutionand the highest court of appeal. Articles 124 to 147 of the Constitution lay down the compositionand jurisdiction of the Court. Primarily, it is an appellate court which takes up appeals againstjudgments of the High Courts of the states and territories. However, it also takes writ petitionsin cases of serious human rights violations or any petition filed under Article 32 which is theright to constitutional remedies or if a case involves a serious issue that needs immediateresolution. It had its inaugural sitting on 26 January 1950, the day India’s constitution cameinto force, and since then has delivered more than 24,000 reported judgements.

The Supreme Court comprises the Chief Justice and 30 other Judges.

The proceedings of the Supreme Court are conducted in English only. The SupremeCourt Rules of 1966 are framed under Article 145 of the Constitution to regulate the practiceand procedure of the Supreme Court.The same is amended and presently governed by theSupreme Court Rules of 2013.

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4.3.1.1 Supreme Court’s Jurisdiction

The Supreme Court’s power extends to having original, appellate and advisory

jurisdiction.

4.3.1.1.1 Original Jurisdiction

The Supreme Court’s exclusive original jurisdiction extends to any dispute between the

Government of India and one or more States or between the Government of India and any

State or States on one side and one or more States on the other or between two or more

States. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the

Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue

directions, orders or the five writs, namely, habeas corpus, mandamus, prohibition, quo warranto

and certiorari to enforce them. The Supreme Court has been conferred with power to direct

transfer of any civil or criminal case from one State High Court to another State High Court or

from a Court subordinate to another State High Court.

4.3.1.1.2 Appellate Jurisdiction

The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted

by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect

of any judgement, decree or final order of a High Court in both civil and criminal cases, involving

substantial questions of law as to the interpretation of the Constitution. Appeals also lie to the

Supreme Court in civil matters if the High Court concerned certifies: (a) that the case involves

a substantial question of law of general importance, and (b) that, in the opinion of the High

Court, the said question needs to be decided by the Supreme Court. The Supreme Court

exercises appellate jurisdiction in criminal cases as well. Parliament is authorised to confer on

the Supreme Court any further powers to entertain and hear appeals from any judgement, final

order or sentence in a criminal proceeding of a High Court.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and

Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under

Article 136 of the Constitution from any judgment, decree, determination, sentence or order in

any cause or matter passed or made by any Court or Tribunal in the territory of India.

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4.3.1.1.3 Advisory Jurisdiction

The Supreme Court has special advisory jurisdiction in matters which may specificallybe referred to it by the President of India under Article 143 of the Constitution. There areprovisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade PracticesAct, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises andSalt Act, 1944 and Section 82C of the Gold (Control) Act, 1968.

Appeals also lie to the Supreme Court under the Representation of the People Act,1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contemptof Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement ofCriminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in SecuritiesAct, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer ProtectionAct, 1986.

Election Petitions under Part III of the Presidential and Vice Presidential Elections Act,1952 are also filed directly in the Supreme Court.

4.3.4 High courts

Article 141 of the Constitution of India mandates that by precedence,High courts arebound by the judgments and orders of the Supreme Court of India .These courts have jurisdictionover a state, a union territory or a group of states and union territories. Below the High Courtsare a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts andvarious other district courts. High courts are instituted as constitutional courtsunder Part VI,Chapter V, Article 214 of the Indian Constitution.

4.3.5 District courts

The District Courts of India are established by the State governments of India for everydistrict or for one or more districts together taking into account the number of cases, populationdistribution in the district. They administer justice in India at a district level. These courts areunder administrative control of the High Courtof the State to which the district concerned belongs.The decisions of District court are subject to the appellate jurisdiction of the concerned Highcourt.

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Doyou know II

Fill in the blanks:

1. The highest court and the final appellate court in the judicial system is the__________________

2. The Supreme Court’s power extends to having________, ___________ and__________ jurisdiction.

3. Article ________ of the Constitution of India mandates that High courts are bound bythe judgments and orders of the Supreme Court of India by precedence.

4.4 Independence of Judiciary

The Indian Constitution protects the citizens from any partial judgment. This gives thepower to the judiciary to make decisions based on the rules of the law, in case of any dispute.Due to such authority, the judiciary of the country is an independent body. The courts of Indiaare not controlled by the government and do not represent any political authority. Suchindependence allows the judiciary to ensure that there is no misuse of power by any section ofthe government.

The independence of judiciary calls for ‘separation of powers’. This basically meansthat both the legislature and the executive branches of the government cannot interfere withthe functions and decisions of the judiciary. So, in order to successfully execute their independentauthority, the judges of both high courts and the Supreme Court must be appointed withoutany influence or interference from other branches of the government. Also, it is very difficult toremove a judge from his/her office, once appointed by the judiciary.

4.5 Constitutional Remedies

There is a right in India which states that a person can move to Supreme Court if he/she wants to get their fundamental rights protected. This right comes under article 32 forSupreme Court an article 226 for the high court. It is known as the right to constitutional remedies.In this right, the Supreme Court, as well as High court, is given the power to instill the fundamentalrights. Furthermore, the power can be issued by local courts also to extend the rights. However,there is one act which comes under the military law known as the court-martial which is exemptedfrom this right.

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4.6 Judicial review

The Constitution of India is the supreme law of the land. The Supreme Court of Indiahas the supreme responsibility of interpreting and protecting it. It also acts as the guardian-protector of the Fundamental Rights of the people. For this purpose, the Supreme Courtexercises the power of determining the constitutional validity of all laws.

Judicial Review refers to the power of the judiciary to interpret the constitution and todeclare any such law or order of the legislature and executive void, if it finds them in conflict theConstitution of India.

It has the power to reject any law or any of its part which is found to be un-constitutional.This power of the Supreme Court is called the Judicial Review power. State High Courts alsoexercise this power but their judgments can be rejected or modified or upheld by the SupremeCourt.

Judicial Review is the power of the Judiciary by which:

(i) The court reviews the laws and rules of the legislature and executive in cases that comebefore them in litigation cases.

(ii) The court determines the constitutional validity of the laws and rules of the government

(iii) The court rejects that law or any of its part which is found to be unconstitutional or againstthe Constitution.

Judicial Review is an essential and very useful system for Indian liberal democratic and federalsystem. It has been playing an important and desired role in the protection and development ofthe Constitution:

Judicial Review is essential for maintaining the supremacy of the Constitution.

It is essential for checking the possible misuse of power by the legislature and executive.

Judicial Review is a device for protecting the rights of the people.

No one can deny the importance of judiciary as an umpire, or as an arbiter between thecentre and states for maintaining the federal balance.

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The grant of Judicial Review power to the judiciary is also essential for strengtheningthe position of judiciary. It is also essential for securing the independence of judiciary.

The power of Judicial Review has helped the Supreme Court of India in exercising itsconstitutional duties.

Doyou know III


1. Which body of the country cannot control the courts of India?

2. Which right in India states that a person can move to Supreme Court if he/she wants toget their fundamental rights protected?

3. What is the term that refers to the power of the judiciary to interpret the constitution andto declare any such law or order of the legislature and executive void, if it finds them inconflict the Constitution of India?

4. What is essential for maintaining the supremacy of the Constitution?

Recap

1. The judiciary is an important part of our government and plays a critical role in the wayour democracy works.

2. A judge is appointed to the Supreme Court and the High Courts by the President ofIndia from a list of names recommended by the collegium

3. A judge may be removed from office through a motion adopted by Parliament on groundsof ‘proven misbehaviour or incapacity’.

4. The Supreme Court is the highest court of the country or nation, which is establishedby the Constitution.

5. The Supreme Court’s exclusive original jurisdiction extends to any dispute between theGovernment of India and one or more States or between the Government of India andany State or States on one side and one or more States on the other or between two ormore States.

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6. The Supreme Court has also a very wide appellate jurisdiction over all Courts andTribunals in India.

7. The Supreme Court has special advisory jurisdiction in matters which may specificallybe referred to it by the President of India under Article 143 of the Constitution.

8. High courts have jurisdiction over a state, a union territory or a group of states andunion territories.

9. The District Courts of India are established by the State governments of India for everydistrict or for one or more districts together taking into account the number of cases,population distribution in the district.

10. The Right to Constitutional Remedies gives the Supreme Court and the High court thepower to instill the fundamental rights.

11. Judicial Review refers to the power of the judiciary to interpret the constitution and todeclare any such law or order of the legislature and executive void, if it finds them inconflict the Constitution of India.

12. Judicial Reviewplays an important and desired role in the protection and developmentof the Constitution.

Check Your Progress

1. List out the three positions in the Executive hierarchy of the judicial system of India.

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2. Attempt a brief note on the original jurisdiction power granted to the Supreme Court ofIndia.

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3. What are District Courts?

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4. Write a note on Constitutional Remedies.

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5. List out the powers that the Judicial Review gives the courts of India.

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Check your answers

Doyou know I

1. Chief Justice of the Supreme Court

2. President of India

Doyou know II

1. Supreme Court

2. Original, appellate, advisory

3. 141

Doyou know III

1. Government

2. Right to Constitutional Remedies

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3. Judicial review

4. Judicial Review

4.7 Key Words

1. Common law system - system of jurisprudence that is based on the doctrine of judicialprecedent, the principle under which the lower courts must follow the decisions of thehigher courts, rather than on statutory laws

2. Colonialism - practice of acquiring full or partial political control over another country,occupying it with settlers, and exploiting it economically.

3. Pecuniary - relating to or consisting of money

4. Jurisdiction - the official power to make legal decisions and judgements

5. Memorandum – (law) a document recording the terms of a contract or other legal details

6. Tribunals –a body established to settle certain types of dispute

7. Appellate – concerned with or dealing with applications for decisions to be reversed

4.8 Activity

Read the book/Watch the movie To Kill a Mockingbird by Harper Lee and take a noteon the interesting and engaging state of affairs in courtroom scenes of novel/movie.

4.9 Model Questions

1. Elucidate on the Supreme Court of India and its powers of jurisdiction.

2. Give a detailed account of the appointment and removal of Judges in the Indian Judiciary.

3. Discuss in detail on the Right to Constitutional Remedies and the Judicial Review.

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LESSON – 5

STATE GOVERNMENTLearning Objectives


Roles and responsibilities of the State government

the hierarchy and structure of the State government

Positions of power in the State government

Structure

5.1 Introduction

5.2 Roles and responsibilities of the State government

5.3 Structure of the State Government

5.3.1 Executive

5.3.1.1 Governor

5.3.1.1.1 Appointment and Removal

5.3.1.1.2 Powers and Functions

5.3.1.1.2.1 Executive powers

5.3.1.1.2.2 Powers in the State Legislature

5.3.1.1.2.3 Judiciary powers

5.3.1.1.2.4 Discretionary powers

5.3.1.2 Chief Minister



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5.3.1.2.2.1 With respect to the Council of Ministers

5.3.1.2.2.2 With Respect to the Governor

5.3.1.2.2.3 With Respect to the State Legislature

5.3.1.2.2.4 Other Functions

5.3.1.3 Council of Ministers



5.3.2 Legislature

5.3.2.1 Composition

5.3.2.1.1 The Legislative Council

5.3.2.1.2 The Legislative Assembly

5.3.3 State Judiciary

5.3.3.1 High Court

5.4 Key Words

5.5 Activity

5.6 Model Questions

5.1 Introduction

When we study at our constitution, we see it calls India a “Union of States”. This statementis what gives our country a federal structure. In a federal form of government, the stategovernment is the government of a country’s subdivisions and shares political power with thenational government.

In the Constitution of India, which is a sovereign socialist secular democratic republic,the country has three levels of governments: the Central, the States and the Union Territories,

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besides the third level of governments, comprising the panchayats in rural areas andmunicipalities in urban areas. In India, the state governments are the level of governmentbelow the central government. Each state of the country is governed by the state government.The state governments in our country are headed by the governor and the chief minister.

5.2 Roles and Responsibilities of the State government

State governments have separate departments for proper functioning of the state. Stateshave jurisdiction over education, agriculture, public health, sanitation, hospitals and dispensariesand many other departments.

Internal security: The state governments have to maintain the internal security, lawand order in the state. Internal security is managed through state police.

Public order: States have jurisdiction over police and public order.

Education: Providing a public education system, maintaining school buildings andcolleges, employment of teachers, providing help to under privileged students all comeunder the education department of the state.

Agriculture: The state governments have to provide support for farmers, funds forbest farming practices, disease prevention and aid during disasters such as floods ordroughts.

Finances: State legislature handles the financial powers of the state, which includeauthorisation of all expenditure, taxation and borrowing by the state government. It hasthe power to originate money bills. It has control over taxes on entertainment and wealth,and sales tax.

Reservation of bills: The state governor may reserve any bill for the consideration ofthe President.

Transport: State government runs the rains, trams, bus and ferry services and otherpublic transportation in the cities and towns of the States.

Water supply: Water supply to cities and towns for drinking, including irrigation forfarmers, is the responsibility of the State governments.

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Budget: State governments make budget for state.

Allocation of funds: It has the power to give funds to all its organizations like ZilaParishad, corporation, and other departments.

5.3 Structure of the State Government

5.3.1 Executive

State Executive comprises the governor and the chief minister with his/her council ofMinisters. Executive power of the state is vested in the governor. But the powers for properfunctioning of the state are vested in the Chief Minister and his/her council of ministers.

5.3.1.1 Governor

The Constitution provides for the post of the Governor as the Head of a State in India.TheGovernor is the Chief Executive in a State. S/He is both the constitutional Head of a State andan agent of the Central Government in a State.To be the Governor, a person must be a citizenof India and should complete 35 years of age. And s/he cannot be a member of the Parliamentor the State legislature. S/He should not hold any office of profit.


The Governor is appointed by the President of India. S/He is appointed for a term offive years. But before the expiry of his/her full term, the President can dismiss him/her fromoffice. The Governor may also resign on his/her own accord. His/her term of office may beextended and s/he may be transferred to another State. However, the State Government cannotremove the Governor from his/her post.


The Governor plays a pivotal role in the smooth functioning of the State Government.Given below are the important powers and functions of the Governor of a state.

5.3.1.1.2.1 Executive powers

All the executive powers of the State Government are vested upon him/her and decisionsare taken in his/her name.

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S/He appoints the Chief Minister and his Council of Ministers

S/He may dismiss the members of the Council of Ministers on the advice of the ChiefMinister

S/He makes some important appointments of the State Government, such as, theAdvocate general, Chairperson and members of the State Public Service Commissionand others

S/He may call for information from the Chief Minister regarding the activities of the

State Government

S/He sends reports to the President about the situation of the State. The Presidentimposes emergency in a State under Article 356 on the basis of the report of the Governor

S/He also acts as the Chancellor of State Universities

5.3.1.1.2.2 Powers in the State Legislature

The Governor is an integral part of the State legislature, though s/he is not a member ofeither house. S/He maintains a neutral standpoint in the state legislature.

S/He summons and prorogues the sessions of the State legislature and can dissolvethe Legislative Assembly

S/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 thelegislature

Money bills can be introduced in the State Legislative Assembly only with the permissionof the Governor

The Governor may promulgate ordinances during the period when the LegislativeAssembly or both the Houses of the legislature (when there are two Houses) are not insession.

The Governor may nominate one member of the Anglo- India Community to theLegislative Assembly if there are Anglo- Indian people in a State and they are not dulyrepresented in the State legislature

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S/He may also nominate 1/6 members of the Legislature Council (where they are fromamong persons who are experts in the fields of science, literature, arts, social serviceand cooperative movement)

The Governor makes the reports of various agencies placed on the floor of the Statelegislature

The annual budget of the State Government is laid before the legislature with the approvalof the Governor

The Governor must give his/her assent to money bills

The Contingency fund of the State is also placed at the disposal of the Governor

5.3.1.1.2.3 Judiciary powers

Listed below is the judicial powers and functions of the Governor.

The Governor is consulted by President of India while appointing the Chief Justice andother judges of the High Courts of the states

S/He can grant pardons, reprieves, respites,commutation and remissions of punishmentof a convict against any law relating to a matter to which the executive power of thestate extends

President consults him/her while appointing the judges of the concerned State HighCourt

Governor makes appointments, promotions, transfers etc., of the district judges inconsultation with the State High Court

Governor appoints people to the judicial service of the state (other than district judges)

in consultation with the State Public Service Commission and State High Court

5.3.1.1.2.4 Discretionary powers

The discretionary powers of Governor in state are much more extensive in comparison tothe President in the centre in India.The Governor is made the constitutional head of a state likepresident of India, yet there is a thin line as the Constitution empowers the Governor to actwithout the advice of the Chief Minister and his council and can use discretion on certain matters.

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Some discretionary powers are as follows:

The Governor can dissolve the legislative assembly if the chief minister advices him/her to do so, following a vote of no confidence. Then the decision is final based on thediscretion of the Governor

The Governor, on his/ her discretion can recommend the president about the failure ofthe constitutional machinery in the state

On his/ her discretion, the Governor can reserve a bill passed by the state legislaturefor president’s assent

If there is NO political party with a clear cut majority in the assembly, the Governor onhis/ her discretion, can appoint anybody as chief minister

The Governor can seek information from the chief minister with regard to theadministrative and legislative matters of the state

The Governor has discretion to refuse to sign to an ordinary bill passed by the statelegislature

Doyou know I


1. In which form of government is the state government a body of the country’s subdivisionsand shares political power with the national government?

2. Which are the two primary head positions of the state governments in our country?

3. Who is considered an agent of the Central Government in a State?

4. Who maintains a neutral standpoint in the state legislature?

5. What position does the Governor hold in State universities?

5.3.1.2 Chief Minister

The Chief Minister is the de facto executive authority of the state. Like the office of thePrime Minister at the Centre, the office of the Chief Minister is a very powerful office in eachstate. The Chief Minister is the most powerful functionary of the state government. S/He is the

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head of the State Council of Ministers, which is the real executive. The Chief Minister is the realexecutive head of state government. Our constitution does not specifically mention about thequalification to be appointed as Chief Minister.


Article 164 of the Constitution envisages that the Chief Minister shall be appointed bythe governor.But this does not mean that the Governor is free in the appointment of the ChiefMinister. In practice, the Governor has a very limited choice open to him/her because aftergeneral election to the State Legislative Assembly, the party or coalition group which securesmajority in this House, elects its leader and communicates his/her name to the Governor. TheGovernor then formally appoints him/her as the Chief Minister and asks him/her to form his/herCouncil of Ministers. Theoretically, the Chief Minister holds office during the pleasure ofthe Governor. However, in actual practice the Chief Minister remains in office so longas s/he continues to be the leader of the majority in the State Legislative Assembly. TheGovernor can dismiss him/her in case s/he loses his/her majority support.

The State Legislative Assembly can also remove him/her by passing a vote of no-confidence against him/her. In this case it is also taken to be a vote of no-confidence againstthe entire Council of Ministers and it resigns forthwith. Once appointed, a Chief Minister canremain in office for five years (which is the tenure of the State Legislature Assembly). S/He canbe appointed afresh after every election to the State Legislative Assembly, if s/he continues toremain the leader of majority in the Assembly.

5.3.1.2.2 Powers and functions

The Chief Minister exercises vast powers and plays a leading role in the state.Thepowers and functions of CM can be classified under following heads:

5.3.1.2.2.1 With respect to the Council of Ministers

On the advice of the Chief Minister, the Governor appoints the other Ministers of theCouncil of Ministers and distributes among them the portfolios.

As the head of the Council of Ministers, s/he presides over the meetings of the Councilof Ministers and the Cabinet.

The Chief Minister supervises the activities of different ministries and advises themaccordingly

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S/He also coordinates the activities of different ministries of the state

S/He has to see that the principle of collective responsibility is maintained by the Ministers

5.3.1.2.2.2With Respect to the Governor

In Article 167 of our constitution, it states that the Chief Minister acts as a link between Governorand state council of ministers. The functions with respect to the Governor are as follows:

The CM has to communicate to the Governor all the decisions of the council of ministersrelating to the administration of the states

Whenever the Governor calls for any information relating to the decisions taken orregarding the administration, the CM has to provide him/her the same

The Governor can ask for consideration of council of ministers when a decision hasbeen taken without the consideration of the cabinet.

TheCM advises Governor regarding the appointment of important officials like AttorneyGeneral, State Public Service Commission (Chairman and Members), State ElectionCommission etc.

5.3.1.2.2.3 With Respect to the State Legislature

All the state policies are announced by the Chief Minister on the floor of the house

S/He recommends dissolution of legislative assembly to the Governor

S/He advises the Governor regarding summoning, proroguing the sessions of State Legislative Assembly from time to time

5.3.1.2.2.4 Other Functions

The Chief Minister plays an important role in making policies of the State Governmentand ensures that the policies of the government do not go against public interest. His/Her voice is final in policy decisions of the State Government.

S/He has also an important role in making higher appointments of the State Government

The Chief Minister is the chief administrator of the State. All major decisions of theState Government are taken under his/her leadership. S/He is responsible for overallworking of the state departments.

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At the ground level,s/he is the authority to be in contact with the people regularly andknow about their problems so as to bring about policies on the floor of the assembly

S/He acts as the chairman of State Planning Commission

S/He is the vice chairman of concerned zonal council in rotation for a period of one year

During emergencies,s/he acts as the crisis manager in the state

S/He has also to maintain a good and harmonious relation with the Central Government.

The success of the State Government depends to a great extent upon the leadership of theChief Mister. If he is strong, dynamic and efficient, them the government will definitely performwell and rise up to the expectations of the people.

5.3.1.3 Council of Ministers

The Council of Ministers is primarily responsible to the Legislative Assembly for carryingon the administration of the State.The main principle of government is the principle of collectiveresponsibility. All the ministers work as a team and own joint responsibility to the legislativeassembly for their acts. The Chief Minister and Ministers heading individual departments of thegovernment 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 decisionsof the Cabinet are binding upon the Council of Ministers.

The composition of the council of ministers is as follows below. The difference betweenthem lies in their ranks.

Cabinet ministers – They head the important departments

Ministers of state –They are usually given the independent charge

Deputy ministers– They assist the cabinet ministers


The Governorappoints the council of ministers on the advice of the Chief Minister. Onceappointed, the Council of Ministers becomes collectively responsible to the legislative assemblyof the State.The Council of Ministers holds its office during the pleasure of the Governor. It hasno fixed term of office. The term of the Council of Ministers depends on the support of the

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majority members of the Legislative Assembly. If it loses majority support in the LegislativeAssembly, it has to resign. The Governor may also remove a Minister from the council ofMinisters on the advice of the Chief Minister.


Council of Ministers with Chief Minister as head aids and advises Governor in exerciseof his/her functions

The State Council of Ministers formulates the policies for State administration andimplements themas well

The Council of Ministers also implements the directives given by the CentralGovernment. It has to work in conformity with the national policies of the CentralGovernment

The Council of Ministers prepares proposals for legislation. It also takes measures sothat the legislations are passed in the legislature

The Council of Ministers is responsible for maintaining law and order in the state

The ministers are allotted the responsibility of various departments of stateadministration. They are to look after their respective departments and supervise activitiesso that the departments perform efficiently

The Council of Ministers makes policies regarding recruitment, appointment, transfer,promotion, etc. of the Public Services in the state

The Council advises the Governor for the appointment of important functionaries likethe Chairperson and members of the Public Service Commission Advocate General,etc.

It prepares the annual budget of the State government. It is responsible for maintainingsound financial condition in the state

The Council of Ministers advises the Governor regarding the date and time of summoningand proroguing the sessions of the legislature. It also advises the Governor to dissolvesessions, when it feels necessary

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The Council of Ministers is the real executive in the state. It is responsible for running theadministration of a state according to the principles of the Constitution.

Do you know II

Fill in the blanks:

1. The ___________ is the de facto executive authority of the state.

2. The State Legislative Assembly can remove the Chief Minister from his/her post bypassing a ________________ against him/her.

3. The ______________ demonstrates the principle of collective responsibility.

4. The term of the Council of Ministers depends on the support of the majority membersof the___________.

5.3.2 Legislature

Each state has a legislative assembly. It is a unicameral legislature meaning, the statelegislature has one house known as State Legislative Assembly (Vidhan Sabha). An exceptionto this is in Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra,Telanganaand Uttar Pradesh alone,where there exists a bicameral legislature. There are twoHouses known as legislative council (Vidhan Parishad) and legislative assembly(Vidhan Sabha).The Vidhan Sabha is the lower house and corresponds to the Lok Sabha, the Vidhan Parishadis the upper house and corresponds to the Rajya Sabha of Indian Parliament. In the remainingstates, there is only one House known as legislative assembly. State Legislature or StateAssemblies are headed by the Chief Minister.Parliament may, by law, provide for abolition ofan existing legislative council or for creation of one where it does not exist, if proposal issupported by a resolution of the legislative assembly concerned.

5.3.2.1 Composition

5.3.2.1.1The Legislative Council

The Legislative Councilof a state comprises not more than one third of total number ofmembers in legislative assembly of the state and in no case fewer than 40 members (with anexception of Legislative Council of Jammu and Kashmir which has 36 members vide Section50 of the Constitution of Jammu and Kashmir). About one-third of members of the council are

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elected by members of the legislative assembly from amongst persons who are not its members,one-third by electorates consisting of members of municipalities, district boards and other localauthorities in the state, one-twelfth by electorate consisting of persons who have been, for atleast three years, engaged in teaching in educational institutions within the state not lower instandard than secondary school and a further one-twelfth by registered graduates of morethan three years’ standing. Remaining members are nominated by Governor from among thosewho have distinguished themselves in literature, science, art, cooperative movement and socialservice. Legislative councils are not subject to dissolution but one-third of their members retireevery second year.

5.3.2.1.2 The Legislative Assembly

The Legislative Assembly of a state consists of not more than 500 and not fewer than 60members (with exceptions in Sikkim, Puducherry, Goa and Mizoram) chosen by direct electionfrom territorial constituencies in the state. Demarcation of territorial constituencies is to bedone in such a manner that the ratio between population of each constituency and number ofseats allotted to it, as far as practicable, is the same throughout the state. Term of an assemblyis five years unless it is dissolved earlier.

5.3.3 State Judiciary

India’s unitary judicial system is made up of the Supreme Court of India at the nationallevel, for the entire country and the High Courts at the State level. High courts have jurisdictionover a state, a union territory or a group of states and union territories. High Courts are institutedas constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution.UnderArticle 141 of the Constitution of India, all courts in India (which includes High courts) arebound by the judgments and orders of the Supreme Court of India by precedence.

5.3.3.1 High Court

State high courts have jurisdiction over the whole state. In the states, the judicial setupis headed by the Chief Justice. S/He manages and controls the entire judicial system of thestate pertaining to criminal, civil and all other forms of litigation. State high courts have to,however, report to the Supreme Court of India, which may override the high court’s findingsand judgements.

Below the High Courts are a hierarchy of subordinate courts:

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the civil courts,

family courts,

criminal courts and

various other district courts.

The High Courts are the principal civil courts of original jurisdiction in the state along withDistrict Courts which are subordinate to the High courts. However, High courts exercise theiroriginal civil and criminal jurisdiction only if the courts subordinate to the High court in the stateare not competent (not authorized by law) to try such matters for lack of pecuniary, territorialjurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designatedspecifically in a state or Federal law. e.g.: Company law cases are instituted only in a Highcourt.

However, primarily the work of most High Courts consists of Appeals from lower courtsand writ petitions in terms of Article 226 of the Constitution of India. Judges in a High Court areappointed by the President of India in consultation with the Chief Justice of India and thegovernor of the state. High Courts are headed by a Chief Justice. The number of judges in acourt is decided by dividing the average institution of main cases during the last five years bythe national average, or the average rate of disposal of main cases per judge per year in thatHigh Court, whichever is higher. High courts which handle a large number of cases of a particularregion, have permanent benches (or a branch of the court) established there. For litigants ofremote regions(where High courts are not present), ‘circuit benches’ are set up, which work forthose days in a month when judges visit. The Calcutta High Court is the oldest High Court inthe country, established on 2 July 1862. Madras High Court in Chennai, Bombay High Court inMumbai, Calcutta High Court in Kolkata are the first three High Courts in India.

Doyou know III


1. What is the Legislative assembly also known as?

2. What kind of legislature does the state of Telangana have?

3. Who heads the High Courts of India?

4. Which is the oldest High Court in the country?

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Recap

1. State Executive comprises the governor and the chief minister with his/her council ofMinisters.

2. The Constitution provides for the post of the Governor as the Head of a State in India.

3. The Governor appoints the Chief Minister and his Council of Ministers.

4. The Chief Minister is the de facto executive authority of the state.

5. Like the office of the Prime Minister at the Centre, the office of the Chief Minister is avery powerful office in each state.

6. In Article 167 of our constitution, it states that the Chief Minister acts as a link betweenGovernor and state council of ministers.

7. The Council of Ministers is primarily responsible to the Legislative Assembly for carryingon the administration of the State.

8. The States of India can either have a unicameral or a bicameral legislature.

9. The Vidhan Sabha is the lower house and corresponds to the Lok Sabha, the VidhanParishad is the upper house and corresponds to the Rajya Sabha of Indian Parliament.

10. High courts have jurisdiction over a state, a union territory or a group of states andunion territories.

Check Your Progress

1. Write a note on the appointment and removal of the Governor of a state in India.

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2. What are the powers and functions of the Chief Minister in respect to the Legislature?

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3. List out the composition of the council of ministers in a state.

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4. List out any three roles and responsibilities of the State government.

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Check your answers

Do you know I

1. federal form

2. Governor and the Chief Minister

3. Governor

4. Governor

5. Chancellor

Doyou know II

1. vote of no-confidence

2. Council of Ministers

3. Legislative Assembly

Doyou know III

1. Vidhan Sabha

2. bicameral legislature

3. Chief Justice

4. Calcutta High Court

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5.4 Key words

1. jurisdiction –the official power to make legal decisions and judgements

2. prorogues –discontinue a session (of a parliament or such) without dissolving it

3. Contingency fund –a reserve of money set aside to cover possible unforeseen futureexpenses.

4. de facto – holding a specified position in fact but not necessarily by legal right

5. coalition – a temporary alliance for combined action

6. vote of no-confidence – a vote showing a majority does not support the policy of aleader or governing body

7. dissolution - the action of formally ending or dismissing an assembly or official body

8. litigation – the process of taking legal action

9. bench – (law) a judge’s seat in a law court

5.5 Activity

Trace out the rise to power and responsibility of your favourite Chief Minister/Governorof your State government. Bring out radical changes/developments s/he made during his/hertenure.

5.6 Model Question

1. Discuss in detail the important powers and functions of the Governor of a state.

2. Elucidate on the Legislature of our country and its composition.

3. Attempt a detailed account on High Courts and their working in our country.

4. Discuss in detail the important powers and functions of the Chief Minister of a state.

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MODEL QUESTION PAPER

B.A. ENGLISH

SECOND YEAR - FOURTH SEMESTER

NON MAJOR ELECTIVE

II – INDIAN CONSTITUTION

TIME: 3 hrs. Marks: 75

SECTION A

I. Answer any TEN of the following in about fifty words each: (10x2=20 marks)

1. List out the six Fundamental Rights as laid out by the Constitution of India.

2. Briefly discuss the Directive Principles of State Policy.

3. What are EPICs? Give a brief note on the Election Commission’s use of it to reduceelectoral malpractice.

4. List out the main duties of the Election Commission of India.

5. Explain the composition/strength of the Rajya Sabha.

6. List out the important matters in respect of which both Houses enjoy equal powers.

7. Briefly explain the functions of the Parliament of India.

8. What are District Courts?

9. List out the powers that the Judicial Review gives the courts of India.

10. List out the three positions in the Executive hierarchy of the judicial system of India.

11. What are the powers and functions of the Chief Minister in respect to theLegislature?

12. List out any three roles and responsibilities of the State government.

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SECTION B

II. Write Short Notes on any FIVE of the following, in about 250 words each:

(5X5= 25 marks)

13. What are the Fundamental Duties of an Indian according to our constitution?

14. Write a note on the various roles and responsibilities of the Prime Minister of India.

15. Write a note on the relation between the two Houses of Parliament.

16. Give an account of the removal of Judges in the Indian Judiciary.

17. Elaborate on the roles and responsibilities of the State government.

18. Write a note on the discretionary powers of the Governor of a state in India.

19. Elaborate on the Legislative Council and the Legislative assembly of a state.

SECTION C

III. Write Essay on any THREE of the following, in about 750 words each.

(3x10= 30 marks)

20. Elucidate on the six Fundamental Rights of an Indian as laid down by the Indianconstitution.

21. Describe in detail the various powers, functions and duties of the Election Commissionof India?

22. Elucidate on the qualifications, composition and positions of power in the two Housesof Parliament.

23. Elucidate on the Supreme Court of India and its powers of jurisdiction.

24. Discuss in detail the important powers and functions of the Chief Minister of a state inIndia.

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