CONSTITUTION OF INDIA

MODULE 4
(4.1)
• The State executive,
• The Governor
• The council of ministers
• The Chief minister
• Advocate general
• Union Territories
 STATEEXECUTIVE
■ Articles 153 to 167 under part VI of the constitution deal
with state executive.

■ The state executive consists of....

■
■ The Governor

■
■ The Chief Minister

■
■ The Council of Ministers

■
■ The Advocate General
■ Article 153 says that there shall be a Governor for each
state.
■ TheGovernors in India are the constitutional heads. They
are heads of the 29 states.
■ Constituitional heads of the Union Territories are called
Lieutenant Governors.
 Qualificationsof Governor
■ Articles 157 and Article 158 of the constitution of india specify
eligibility requirements for the post of governor.
■ They are as follows He should be a citizen of India

▪ He should have completed the age of 35 years

▪ Not be a member of the either house of the Parliament or

house of the state legislature

▪ Not hold any other office of profit

■ The Governor of the states is appointed by the President

■ The oath of office to the governor is administrated by the chief justice

of the state High Court and in his absence, the senior most judge
available.(Article 159)

■ Article 156: Governor holds office for a term of 5 years. However this
term of five years is subject to the pleasure of the President. He may be
removed by the President at any time.

■ The Constitution does not lay down any ground upon which a
Governor may be removed.
■ The Governor gives his resignation letter to the President.

■ All exicutive actions of the government of a state are formally taken in

the name of Governor

■ He appoints the chief minister, and their ministers are also appointed by
the Governor but only on the advice of the chief minister.(Article 164)
Also appoints the Advocate General, State Election Commissioner, etc

■ Money bills can be introduced in the state legislative assembly only with
the prior recommendation of the Governor.
■ Governor can grant pardon the punishment of any person covicted of
any offence against any law relating to a matter to which the exicutive
power of the state extends.

■ The current Governer of Kerala State – Rajendra Arlekar(23rd

Governor of Kerala. )

Rajendra Arlekar
 Powers of Governor
Executive powers:
He appoints the chief minister and other ministers, advocate general of a state, state
election commissioner, the chairman and members of the state public service commission,
acts as the chancellor of universities in the state. He also appoints the vice chancellors of
universities in the state.

Legislative powers:
He can address the state legislature , He nominates one-sixth of the members of the state
legislative council from amongst persons having special knowledge or practical experience
in literature, science, art, cooperative movement and social service. He can nominate one
member to the state legislature assembly from the Anglo-Indian Community.
Financial powers:

He sees that the Annual Financial Statement (state budget) is laid before the state
legislature. He can make advances out of the Contingency Fund of the state to meet any
unforeseen expenditure. He constitutes a finance commission after every five years

Judicial powers:

He is consulted by the president while appointing the judges of the concerned state high
court. He makes appointments, postings and promotions of the district judges in
consultation with the state high court.
 (2) COUNCIL OF MINISTERS
■
Every state in india is governed by its council of ministers with
rules and procedure similiar to union council of minister .
■ The procedure for the formation of the Council of Ministers at
the state level is the same as in the case of the Union of
Ministers. After each general election, the party or the group
which secures majority in the State Legislative Assembly elect its
leader. The Governor then summons him to form the ministry.
Article 163 deals with the status of the council of ministers while Article 164
deals with the appointment, tenure, responsibility, qualifications, oath and
salaries and allowances of the ministers.

Article 163(1): There shall be a Council of Ministers with the Chief Minister
as the head to aid and advise the Governor in the exercise of his duties.

The strength of the State Council of Ministers cannot be more than 15% of
the strength of State Legislative Assembly.
■ Categories of Ministers in the state Council of Ministers

(a)Cabinet Ministers: (b)Ministers Of State :

Cabinet Ministers are those ministers who They enjoy number two status in
are given cabinet rank. They hold the Ministry. They do not attend
independent charge of the important the meeting of the Cabinet. They
departments, like finance, Local Bodies, help the Cabinet ministers and
health, etc. They together determine the are attached to them in their
policies of the state. The CM and the departments. Currently, several
cabinet ministers together constitute the Parliamentary Secretaries are
State Cabinet. It is the most powerful part appointed by the Chief Minister
of the State Council Of Ministers. from amongst his party MLAs.
 (3)THE CHIEF MINISTER
■ The Chief Minister is the real executive authority in a state. The position of
the Chief Minister at the state level is analogous to the position of Prime
Minister at the centre.

■ The Chief Minister shall be appointed by the Governor (Article 164).

■ Governor appoints the leader of the largest majority party in the

Legislative Assembly as the Chief Minister.

■ Other ministers are also appointed by the Governor but only on the advice of
the Chief Minister.
■ A person who is not a member of the state legislature can be appointed as
the Chief Minister but only for six months,within which he should be a
member of State Legislature.
Eligibility
■ A Citizen of India

■ Should be a member of the state legislature of 25 years of age or more

Term of Chief Minister

• The term of the Chief Minister is not fixed and he holds office during the pleasure of the
governor. However, this does not mean that the governor can dismiss him at any time.

• He cannot be dismissed by the governor as long as he enjoys the majority support in the
legislative assembly.

• But, if he loses the confidence of the assembly, he must resign or the governor can
dismiss him.
 Powers And Functions Of Chief Minister
In Relation to Council of Ministers
• The governor appoints only those persons as ministers who are recommended by the
Chief Minister.
• He allocates and reshuffles the portfolios among ministers. He can ask a minister to
resign or advise the governor to dismiss him in case of difference of opinion.
• He presides over the meetings of the council of ministers and influences its decisions.
• He guides, directs, controls and coordinates the activities of all the ministers.

In Relation to the Governor

• He is the principal channel of communication between the governor and the council of
ministers, to communicate to the Governor of the state all decisions of the council of
ministers relating to the administration.
• He advises the governor with regard to the appointment of important officials like
advocate general, chairman and members of the state public service commission, state
election commissioner, and so on.
Other Powers and Functions

• He is the chairman of the State Planning Board.

• He is a member of the Inter-State Council and the Governing Council of NITI Aayog,

both headed by the prime minister.

• He is the chief spokesman of the state government.

• He is the crisis manager-in-chief at the political level during emergencies etc.,

 (3)AdvOCATE GENERAL

■ The Advocate General is appointed by the Governor .

■ The Constitution (Article 165) has provided for the office of the advocate
general for the states.
■ He is the highest law officer in the state.
■ He gives advice to the State Government upon such legal matters which are
referred to him by the Governor.
■ He has the right to speak and to take part in the proceedings of both the
Houses of the state legislature or any committee of the state legislature of
which he may be named a member, but without a right to vote.
Appointment and Term
• The advocate general is appointed by the governor.

• He must be a person who is qualified to be appointed a judge of a high court. In other

words, he must be a citizen of India and must have held a judicial office for ten years or
been an advocate of a high court for ten years

• The term of office of the advocate general is not fixed by the Constitution.

• He holds office during the pleasure of the governor. This means that he may be
removed by the governor at any time.
UNION TERRITORIES
 UNION TERRITORIES
• Under Article 1 of the Constitution, the territory of India
comprises three categories of territories:
(a)Territories of the states;
(b)Union territories; and
(c)Territories that may be acquired by the Government of India at
any time.

• At present, there are 28 States and 8 Union Territories and no acquired

territories.

• The union territories, on the other hand, are those areas which are
under the direct control and administration of the Central government.
Articles 239 to 241 in Part VIII of the Constitution deal with the union territories.

239. Administration of Union territories.

• Every Union territory shall be administered by the President acting, to such extent as
he thinks fit, through an administrator to be appointed by him with such designation as
he may specify.

• An administrator of a union territory is an agent of the President and not head of state
like a governor.

• The President can specify the designation of an administrator; it may be Lieutenant

Governor or Chief Commissioner or Administrator.
There are 8 Union territories in India. The list for the same is given below:

1. Andaman and Nicobar Islands

2. Dadra and Nagar Haveli and Daman and Diu
3. Chandigarh
4. Lakshadweep
5. Puducherry
6. Delhi
7. Ladakh
8. Jammu and Kashmir
 State Legislature
• Articles 168 to 212 in Part VI of the Constitution deal with the organisation,
composition, duration, officers, procedures, privileges, powers and so on of the state
legislature.

• However, the composition of a state Legislature can be different in different states.

• It can be either bicameral or unicameral.

• In case of a bicameral state legislature, the upper house is known as State Legislative
Council (Vidhan Parishad) and the lower house as the State Legislative Assembly
(Vidhan Sabha).

• Where there is only one House of the State Legislature, it is known as the State
Legislative Assembly.
Composition Of Legislative Assembly

• The State Legislative Assembly, popularly known as Vidhan Sabha, is the lower,
directly elected, popular and powerful house of the state legislature.
• Its membership is in proportion to the population of the state and hence it differs
from state to state.
• The members are directly elected by the people of the state through a secret ballot,
simple majority vote victory and single member territorial constituency system.
• A citizen of India, who is not less than 25 years of age and who fulfills every other
qualification as laid down by a law can become its member by winning an election
from any constituency in the state.
• However, no person can simultaneously be a member of two Houses of the
Parliament or of any other State Legislature.
Composition of Legislative Council
• Unlike the members of the legislative assembly, the members of the legislative
council are indirectly elected.

• The maximum strength of the council is fixed at one-third of the total strength of
the assembly and the minimum strength is fixed at 40.

• The system of the composition of the Council as provided for in the Constitution
is not final. The final power is given to the Parliament of the Union.
 Duration of Two Houses
The legislative assembly is not a continuing chamber.

• Its normal term is five years from the date of its first meeting after the
general elections.

• The Governor has the power to dissolve the Assembly even before the expiry of its
term.

• The period of five years, may, while a proclamation of emergency is in operation, be

extended by the Parliament by law for a period not exceeding one year at a time and
not extending in any case beyond a period of six months after proclamation has
ceased to operate (Article 172(1))
• The legislative council is a continuing chamber, that is, it is a permanent body and is
not subject to dissolution.

• But, one-third of its members retire on the expiration of every second year. So, a
member continuous as such for 6 years.

• Unlike the Legislative Assembly, the Legislative Council is not subject to dissolution. It
is a permanent body unless abolished by the Legislative Assembly and Parliament by
the due procedure.

• But no person can be a permanent member of the Council as one-third of the

members of the Council retire on the expiry of every second year. It amounts to a
term of six years for each member.

• There is no bar on a member getting re-elected on the expiry of his term.

 Elections for State Legislative Council
1. One-third of the total number of members of the Council would be elected by
electorates consisting of members of local bodies like the municipalities and the district
boards.
2. one-twelfth of the members would be elected by electorates comprising of graduates of
the standing of three years dwelling in that particular state.

3. One-twelfth of the members would be elected by electorates consisting of teachers who

have been in the teaching profession for at least 3 years in educational institutes in that
state, which are not lower than secondary schools in the standard.

4. One-third would be elected by members of the Legislative Assembly from amongst

people who are not Assembly members.

5. The rest would be nominated by the Governor from persons having knowledge or
practical experience in matters like science, literature, cooperative movement, art and
social service.
Qualifications of Members of Legislative Assembly
A person shall not be qualified to be selected to occupy a seat in the
Legislature of a State unless he
(a) is an Indian citizen;
(b) is 25 years or above for Legislative Assembly, and is 30 or above for
Legislative Council, and
(c) possess such other qualifications as may be prescribed by the Parliament.

Thus, the Representation of the People Act, 1951, has provided that a
person shall not be elected either to the Legislative Assembly or the
Council unless he is himself an elector for any Legislative Assembly
constituency in that State.
A person can be disqualified for being selected as and for being a
member of the Legislative Assembly or Legislative Council of a State if
he

(a) holds an office of profit under GOI or any State Government

(b) is mentally unsound as declared by a competent Court

(c) is an insolvent

(d) is not an Indian citizen or has voluntarily got the citizenship of a

foreign State or is under any acknowledgement of
adherence/allegiance to a foreign nation .

(e) is so disqualified by or under any law made by Parliament

f) He must not have been found guilty of certain election offences or corrupt
practices in the elections.

g) He must not have been convicted for any offence resulting in imprisonment
for two or more years.

h) He must not have failed to lodge an account of his election expenses within
the time.

i) He must not have been dismissed from government service for corruption or
disloyalty to the state.
 Presiding Officers of State Legislature
Each House of state legislature has its own presiding officer.

• There is a Speaker and a Deputy Speaker for the legislative assembly. The Speaker and
Deputy Speaker are elected by the assembly itself from amongst its members.

• A Chairman and a Deputy Chairman for the legislative council.

• Chairman and Deputy Chairman are elected by the council itself from amongst its
members
 Powers of Legislative Assembly
The five powers of the state legislative assembly are as follows:

1. Legislative Powers

2. Financial Powers

3. Control over the Executive

4. Amendment Powers

5. Electoral Functions.
1. Legislative Powers
The State Legislature has got the power of making laws on the subjects of
the State List and the Concurrent List. In this connection the real law-
making powers are in the hands of the Legislative Assembly. Ordinary bills
can be introduced in either of the two Houses and these become laws only
when passed by the two Houses and signed by the Governor.
However, in practice, almost 95% bills are first introduced in the Legislative
Assembly and these go to the Legislative Council after these get passed by
the Legislative Assembly.

2. Financial Powers
The Legislative Assembly controls the finances of the State. A Money Bill originates
only in it.
3. Control over the Executive

The Legislative Assembly controls the State Council of Ministers. The Chief
Minister is the leader of the majority party in the Legislative Assembly. He
and most of the other ministers are taken from among its members of the
Legislative Assembly.
They are collectively responsible before the Legislative Assembly. The State
Council of Ministers can remain in office so long as it enjoys the confidence
of the majority in the Legislative Assembly.
The Legislative Assembly control the ministry through several methods like
call-attention motions, putting of adjournment motions, questions, censure
motion, no-confidence motions etc.
4. Amendment Powers
The State Legislative Assembly enjoys a role with regard to the amendment of
the Indian Constitution. Some parts of the Constitution can be amended by
the Union Parliament only when half of the State legislatures ratify the
amendment. If the Parliament is to amend the Constitution for the purpose of
altering the boundary of a State, the opinion of the concerned State
Legislative Assembly is also sought before the moving of such a bill in the
Parliament.
5. Electoral Functions

The State Legislative Assembly elects its own Speaker and Deputy Speaker. It can also
remove either of them through a vote of no- confidence. Elected members of the
State Legislative Assembly take part in the election of the President of India. One-
third of the members of the Legislative Council of the State are also elected by the
State Legislative Assembly.
 STATE JUDICIARY
• The High Courts of India are the principal civil courts of original jurisdiction.
There are present in most states.

• In the case of small states, a high court is present for 2 to 3 states. Their
territory is merged and is under the jurisdiction of one high court. This is
why we have 29 states but we only have 25 high courts.

• In the judicial organization of every state, the High Court is the apex body.
Below the High Court, there are other courts which constitute the
subordinate judiciary.
• These Subordinate Courts are of two types, namely, Civil and Criminal.
• Articles 214 to 231 in Part VI of the Constitution deal with the
organization, independence, jurisdiction, powers, procedures and so
on of the high courts.
• The disputes relating to property, succession, ownership and other such
rights come under the jurisdiction of Civil Courts, which dispose of these
cases in accordance with the Civil Procedure Code.

• The Criminal cases related to murder, robbery, arson, cheating, assault and
rape etc. These cases are disposed of by the Criminal Courts in accordance
with the Criminal Procedure Code and Indian Penal Code.

• Both the Civil and Criminal Courts are graded into four each.

• The gradation of these courts is related to the nature of the dispute, the
amount of property in case of Civil Courts and the nature of crime in case
of Criminal Courts.
• The first high court was the Calcutta.

• The Bombay and Madras High Court was established in the year of 1862.

• While there were 24 high courts, the number increased to 25 in 2019. This
is due to the high court built in Amaravati.

• Delhi is the only Union Territory which has a separate high court.
 Composition

• The head of the High Court is the Chief Justice of the High Court.

• There is one Chief Justice.

• The number of judges is not fixed by the Constitution of India and

leaves it up to the discretion of the president.
Qualifications To Become A High Court Judge

• A judge of the High Court should be a:

● Citizen of India,

● Holding a judicial office for not less than 10 years in a

territory of India,

● An advocate of the High Court for at least 10 years in

succession.
Appointment Of Judges
• The judges and the Chief Justice of the High Courts are appointed officially
by the President.

• The Chief Justice is appointed by the President in consultation with Chief

Justice of India and Governor of the state which the High Courts
jurisdiction falls under.

• For the appointment of other judges of the High Court, they are appointed
by the President on the advice of the Chief Justice of India, the governor of
that state and the Chief Justice of the High Court.
 Oath of Office

• The Chief Justice of the High Courts and judges of the High Court take an
oath before the Governor of state or some person appointed by him.

• Thus while their appointment and removal are done by the President, they
take an oath they take in front of the governor.
 Term of Office

• A judge of the High Court holds his office until he attains the age of 62. If
he wants to resign, he can resign by writing to the president.

• He can also be removed by the President on the recommendation of the

Parliament.

• A High Court judge after retirement can practice either in Supreme or High
Court in which he has not served.
 Process of Removal of Judges
• A judge can be removed by the President on the recommendation of the
Parliament on grounds of proved incapacity or misbehavior.

• A motion to remove the judge of HC can be introduced in any house of

parliament. It must be introduced by at least 100 members in Lok sabha or 50
members in Rajya Sabha whenever it is introduced.

• The Speaker or Chairman may reject this proposal or set up a 3 member

committee to investigate the concerns.

• When the committee finds him guilty, then the motion has to be passed by both
houses by a special majority. Then, the President gives his assent and Judge of HC
is removed.
 Jurisdiction of the High Court

• Original Jurisdiction

• Article 226 defines the powers of the high court. It gives the power to the
High Court to issue writs.

• They have the power to issue orders or writs to ‘any person, authority, or
Government which falls within the territories under their jurisdiction to
enforce the Fundamental Rights.
• Habeas Corpus
It is a writ requiring a person under arrest of illegal detention to be brought before a judge
or brought into court. This is especially to ensure that the person be released if lawful
grounds for detention cannot be proved.
• Mandamus
A writ issued as a command to an inferior court or ordering a person to perform their job
or public or statutory duty. The Supreme Court held that a writ of mandamus cannot be
issued to legislate or amend a law.
• Prohibition
This writ is issued as a command to prevent an inferior court or tribunal from exceeding its
jurisdiction.
• Quo Warranto
This writ is to inquire into the legality of the claim of a person or public office. It stops
people from holding an office which they are not entitled to. This writ is applicable to the
public offices only and not to private offices.
• Certiorari
This writ is passed to squash an order passed by an inferior court.
• Appellate Jurisdiction
• In civil cases, an appeal can be made against a district court’s decision. They can
also make an appeal directly from a subordinate court if the dispute has a value
higher than Rs 5000, or if there is a substantial question of law.

• For criminal cases, appeals can be made against the Session and Additional
Session courts. This is if the sessional judge has given imprisonment for 7 years or
more, or has awarded capital punishment.

• They also have jurisdiction over cases relating to State and Center law. With
regards to constitutional cases, the case must have a substantial question of law
in order to be considered by the high court.
• Supervisory Jurisdiction:
A high court has the power of superintendence over all courts and tribunals
functioning in its territorial jurisdiction (except military courts or tribunals).
• Control over Subordinate Courts:
A high court has an administrative control and other powers over the subordinate
courts
• A Court of Record:
The judgments, proceedings and acts of the high courts are recorded for perpetual memory
and testimony.
• Power of Judicial Review:
Judicial review is the power of a high court to examine the constitutionality of
legislative enactments and executive orders of both the Central andstate
governments.
 SUPREME COURT HIGH COURT
• The Supreme Court is the apex court • The High Court is the highest court
of Justice. of authority in the state its
jurisdiction falls under.
• The Chief Justice of the High Court
• The Chief Justice of India heads it. heads it.

• Supreme Court has supreme power • The High Court has supreme power
over all the courts in India. over only the tribunal and other
subordinate courts in its state.
• The Chief Justice of India is appointed • The Chief Justice of India is
by the President and the other judges appointed by the President on the
of the Supreme Court are appointed recommendation of Chief Justice of
by the President on the India and Governor of the state.
recommendation of the CJI. The judges of the high court are
appointed by the President of India
• The Supreme Court is the highest after consulting the Chief Justice of
court of appeal and there is no other India, the governor of that state
court above it. and the Chief Justice of the High
Court.
 Supreme Court
High Court

• The judges of the Supreme • The judges of the high court

Court retire at 65. retire at 62.
LOCAL GOVERNMENT
Panchayat and Municipalities
 EVOLUTION OF PANCHAYATI RAJ

• Balwant Rai Mehta Committee, 1957 Recommendation: 3-tier Panchayati Raj System
• Rajasthan 1st establish Panchayati Raj at Nagpur, on 2 Oct 1959
• L M Singhvi Committee, 1986 Recommendations: The PanchayatiRaj institutions
should be
constitutionally, recognized, protected, and preserved.
 73rd Amendment Act, 1992
• The 73rd Constitutional Amendment Act, 1992,brought into effect on 24thApril
1993,gave constitutional status to Panchayati Raj Institutions (PRIs) in India.
• It was a historic step towards decentralized and democratic governance in rural
areas.
• IT inserted the following into the Constitution:
→ Part IX,Article: 243-243O
→Schedule: 11th 29th Fundamental functions
• 24thApril 1993: Enforced
• Then PM: [Link] Rao
• 24thApril 2010: Panchayati Raj Diwas
LOCAL GOVERNMENT
ARTICLE 243
● "Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village
comprised within the area of Panchayat at the village level.
● "Panchayat" means an institution (by whatever name called) of self government constituted under
Article 243B, for the rural areas."Panchayat area" means the territorial area of a Panchayat.
 ARTICLE 243A
● A Gram Sabha may exercise such powers and perform such functions at the village level as the
Legislature of a State may,by law,provide.

Article 243B
1. There shall be constituted in every State,Panchayats at the village,intermediate and district levels in
accordance with the provisions of this Part.
2. Notwithstanding anything in Clause (1),Panchayats at the intermediate level may not be constituted
in a State having a population not exceeding twenty lakhs .
 MUNICIPALITIES
● First Municipal Corporation was set up in Madras in 1687-88
● 1870:Lord Mayo presented resolution of financial decentralisation
● Ripon’s resolution of 1882: Magna Carta of Local Self Government. He is known as “Father of
Local Self Government.
74TH CONSTITUTIONAL AMENDMENT
ACT, 1992
● The Constitution of India, after the 74th Constitutional Amendment Act, 1992, contains
provisions related to Municipalities under Part IXA, titled "The Municipalities", consisting of
Articles 243P to 243ZG.
● The 74th ConstitutionalAmendmentAct, enacted in 1992 and brought into force on 1st June 1993, is
a significant milestone in the history of Indian democracy.
● It provides a constitutional status to urban local bodies (ULBs), such as Municipalities, and aims to
strengthen urban governance through decentralization.
THREE TYPES OF MUNICIPALITIES
(ARTICLE 243Q)
● The Act provides for the creation of three types of municipalities based on
the size and population of urban areas:

❖ Nagar Panchayat: For areas in transition from rural to urban.

❖ Municipal Council: For smaller urban areas.
❖ Municipal Corporation: For larger urban areas.
● All seats are filled through direct elections conducted by State Election
Commission