Constitution of India, Law & Engineering

MODULE -2

Union Executive And State Executive

Rajya Sabha

1-Rajya Sabha is the Upper House of the Indian Parliament. Rajya Sabha
consists of the representatives of the States and the Union Territories and
persons nominated by the President of India.

2-Rajya Sabha is a permanent body and is not subject to dissolution. However,

one third of the members retires every second year, and is replaced by newly
elected members. Each member is elected for a term of six years. The Vice
President of India is the ex-officio Chairman of Rajya Sabha

3-The Rajya Sabha should consist of not more than 250 members - 238 members
representing the States and Union Territories, and 12 members nominated by the
President. Rajya Sabha is a permanent body and is not subject to dissolution.

4-At present the Rajya sabha has 245 members wherein 238 are elected & 233 elected 12
nominated .

4-The House also elects a Deputy Chairman from among its members. Besides, there is
also a panel of "Vice Chairman" in the Rajya Sabha. The senior most minister, who is a
member of Rajya Sabha, is appointed by the Prime Minister as Leader of the House.

Qualifications for being a member of parliament

A person must satisfy all following conditions to be qualified to become a member of
parliament of the Rajya Sabha:

a- Must be a citizen of India

b- He must be above the age of 30 years.
 c- He must possess all other qualifications as laid down by the Parliament.

Disqualifications for being a member of parliament

A person would be ineligible for being a Member of the Rajya Sabha if the person:

 Holds any office of profit under the Government of India (other than an office permitted by
Parliament of India by law).
 Is of unsound mind.
 Is an undischarged insolvent.
 Has ceased(citizenship) to be a citizen of India.
 Is so disqualified by any law made by the Indian Parliament.
 Is so disqualified on the ground of defection.(Violation)
 Has been convicted for offence of bribery.

How the members of Rajya Sabha are elected?

1- A Member of Parliament in the Rajya Sabha ( MP) is the representative of

the Indian states to one of the two houses of the Parliament of India (Rajya
Sabha). Rajya Sabha MPs are elected by the electoral college of the elected
members of the State Assembly with a system of proportional
representation by a single transferable vote.

2- The total number of members of Rajya Sabha are lesser than the Members of
Parliament in the Lok Sabha and have more restricted power than the lower
house (Lok Sabha).

3- Parliament of India is bicameral with two houses; Rajya Sabha (Upper

house i.e. Council of States) and the Lok Sabha (Lower house i.e. House of
the People).
4- Tenure: The Tenure of each member of Rajya Sabha is six years.

Session of Rajya Sabha

The President convenes the sessions of the Rajya Sabha usually alongnwith the
sessions of the Lok Sabha or whenever he feels it necessary.however there cannot
be a gap of more than six months within two sessions of Rajya Sabha .The
President can call a special session of Rajya Sabha to get approval for an
emergency declaration when the lok sabha stands dissolved.
Functions of Rajya Sabha

Legislative
A bill cannot be passed without the Rajya Sabha.
Functions

Executive Rajya Sabha members can criticize, ask questions, and move
Functions adjournment.

Judicial Rajya Sabha and Lok Sabha can impeach the President in case of
Functions violation of the constitution.

Electoral Rajya Sabha members, along with Lok Sabha and State Legislative
Functions Assembly members, can elect the President and Vice President of India.

Amendment Rajya Sabha can pass a constitutional amendment bill together with the
Functions Lok Sabha, with a 2/3 majority in each house.
Lok Sabha

The Lok Sabha (Lower house of the People) was duly constituted for the first
time on 17 April 1952 after the first General Elections held from 25 October
1951 to 21 February 1952.
As per the provision of Article 79 of Indian Constitution, the House of the
People, the Lok Sabha is the lower House of the parliament. Lok Sabha is
composed of representatives of the people chosen by direct election on the basis
of the adult suffrage.

The Constitution of India allows for a maximum of 550 members in the House, with 530
members representing the States and 20 representing the Union Territories. At present,
the Lok Sabha has 543 seats filled by elected representatives.

The term of the Lok Sabha, unless dissolved, is five years from the date appointed for its
first meeting. However, while a proclamation of emergency is in operation, this period
may be extended by 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 the proclamation has
ceased to operate.

How the members of Lok Sabha are elected?

Members of the Lok Sabha are elected by an adult universal suffrage and a first-
past-the-post system to represent their respective constituencies, and they hold
 their seats for five years or until the body is dissolved by the President on the
advice of the council of ministers.
Tenure

1-The term of a member of parliament of Lok Sabha (dissolved) is five years

from the date appointment for its first meeting.
2-During a state of emergency, the term however can be extended by the
Parliament of India by law for a period not exceeding one year at a time.

Session in Lok Sabha

Three sessions of Lok Sabha are held in a year: Budget session: February to May.
Monsoon session: July to September. Winter session: November to mid-
December.

Special Session

The Indian Parliament Special Session, 2023 was a Special Session held in the
Parliament of India from 18 to 22 September 2023. This 5-day assembly meet of
MPs was announced by Parliamentary Affairs Minister Pralhad Joshi on 31
August 2023.

Pralhad Venkatesh Joshi (born 27 November 1962) is an Indian politician who is

the current union Minister of Parliamentary Affairs, Coal and Mines of India, ...

Eligibility criteria

Must be a citizen of India.

Must not be less than 25 years of age.
Must be a sound person.
Must not be convicted by the court with imprisonment of two Or more years.
Must be a voter for any constituency in India

Power and Functions of the Lok Sabha:

Following are the important powers and functions of the Lok Sabha:

A-Executive Powers: The Indian system of government is parliamentary which means that the
ministers are responsible to the legislature. Hence they both must have individually as well as
collectively support the confidence of the majority in the Lok Sabha. Otherwise or the ministers
concerned must go. Thus the Lok Sabha makes or unmakes the cabinet. It may reject an
important bill supported by the council of ministers or reject a policy supported by it or reject a
demand for money asked by the cabinet or pass a vote of no confidence in it.

B-Financial Powers: The Lok Sabha has the exclusive financial powers. It is custodian or the
national purse. All the financial bills are initiated in the Lok Sabha and not in the Rajya Sabha.
A money bill passed by the Lower House is sent to the Upper House which must be returned
within 14 days with or without amendments. The amendment made by the Rajya Sabha may be
accepted or rejected by the Lok Sabha.

C-Judicial Powers: The Lok Sabha shares the power of impeaching the President for violation
of the constitution with Rajya Sabha. It also shares with the latter the power of removing the
judges of the Supreme Court or the High Courts by an address to the President if supported by
majority of the total membership of the house and less than 2/3rd majority of its members
present and voting.

D-Miscellaneous Powers: i.)

i-It shares with the Rajya Sabha the power to end the Constitution.
ii- It shares with the Rajya Sabha and the State Legislature the right to elect the President.
iii-It shares with the Rajya Sabha the right of approval of the proclamation of emergency issued
by the President.
iv-It has equal power with: the upper house of choosing or dismissing the Vice – President.
Power & Function of President
President of India

The president of India ( Bhārat kē Rāṣṭrapati) is the head of state of

the Republic of India.
The president is the nominal head of the executive, the first citizen of the country,
as well as the supreme commander of the Indian Armed Forces. Droupadi
Murmu is the 15th and current president, having taken office from 25 July 2022.

Duty
The primary duty of the president is to preserve, protect and defend the constitution and the
law of India as made part of their oath (Article 60 of Indian constitution).

The president is the common head of all independent constitutional entities. All their
actions, recommendations (Article 3, Article 111, Article 274, etc.) and supervisory powers
(Article 74(2), Article 78C, Article 108, Article 111, etc.) over the executive and legislative
entities of India shall be used in accordance to uphold the constitution. There is no bar on
the actions of the president to contest in the court of law.

Legislative powers
 Legislative power is constitutionally vested in the Parliament of India of which the president
is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86,
etc.). The president summons both the houses (Lok Sabha and Rajya Sabha) of
the parliament and prorogues them. They can dissolve the Lok Sabha.

Executive powers
As per Article 53, the executive power of the country is vested in the president and is
exercised by the president either directly or through officers subordinate to him in
accordance with the constitution.

When parliament thinks fit it may accord additional executive powers to the president
per Article 70 which may be further delegated by the president to the governors of
states per Article 160.

Union cabinet with prime minister as its head, should aid and advise the president in
performing their functions. Per Article 74 (2), the council of ministers or prime minister are
not accountable legally to the advice tendered to the president but it is the sole responsibility
of the president to ensure compliance with the constitution in performing their duties.
President or their subordinate officers is bound by the provisions of the constitution
notwithstanding any advice by the union cabinet.[17]

Judicial powers
The primary duty of the president is to preserve, protect and defend the constitution and the
law of India per Article 60. The president appoints the Chief Justice of India and other
judges on the advice of the chief justice. The President may dismiss a judge with a two-
thirds vote of the two Houses of the parliament.

The Indian government's chief legal adviser, Attorney General of India, is appointed by the
president of India under Article 76(1) and holds office during the pleasure of the president.
If the president considers a question of law or a matter of public importance has arisen, they
can also ask for the advisory opinion of the supreme court per Article 143. Per Article 88,
the president can ask the attorney general to attend the parliamentary proceedings and report
to him any unlawful functioning if any.

Appointment powers
The president is responsible for making a wide variety of appointments. These include: [20]: 72

 The Chief Justice of India and other judges of the Supreme Court of India and state/union
territory high courts.
 The Chief Minister of the National Capital Territory of Delhi (Article 239 AA 5 of the
constitution).
 The Comptroller and Auditor General Of India.
 The Chief Election Commissioner and other Election Commissioners.
  The Chairman and other members of the Union Public Service Commission.
 The Attorney General Of India.
 Ambassadors and High Commissioners to other countries (only through the list of names
given by the prime minister).
Financial powers

 A financial bill can be introduced in the parliament only with the president's
recommendation.
 The president lays the Annual Financial Statement, i.e. the Union budget, before the
parliament.
 The president can take advances out of the Contingency Fund of India to meet unforeseen
expenses.
 The president constitutes a Finance Commission every five years to recommend the
distribution of the taxes between the centre and the States. The most recent was constituted
in 2017.

COMPAISON OF POWERS OF PRESIDENT OF INDIA AND UNITED STATE

President of the India:

1. Head of State: The President of India serves as the ceremonial head of state.

2. Executive Powers: The President has executive powers, but these are largely exercised on the advice of the
Prime Minister and the Council of Ministers.

3. Appointment of the Prime Minister: The President appoints the Prime Minister, who is usually the leader of
the majority party in the Lok Sabha (the lower house of India's Parliament).

4. Legislative Powers: The President has a role in the legislative process, including the power to summon or
prorogue Parliament, address it, and dissolve the Lok Sabha.

5. Nomination of Members: The President nominates members to the Council of States (Rajya Sabha), including
individuals with expertise in various fields.

6. Pardoning Powers: The President has the power to grant pardons, reprieves, respites, or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any offense.

7. Diplomatic Powers: The President represents India in diplomatic matters and receives ambassadors and high
commissioners from other countries.

President of the United States:

1. Head of State and Government: The President of the United States serves as both the ceremonial head of state
and the chief executive officer of the federal government.

2. Commander-in-Chief: The President is the Commander-in-Chief of the armed forces, giving the office
significant influence over military matters.

3. Executive Powers: The President has significant executive powers, including the authority to appoint and
remove top officials in the executive branch.

4. Legislative Powers: While the President cannot directly introduce legislation, they can influence the legislative
process through the use of the veto power. The President also has the power to recommend legislation to
Congress.

5. Appointment of Judges: The President nominates federal judges, including Supreme Court justices, with the
advice and consent of the Senate.

6. Pardoning Powers: The President has the authority to grant pardons and reprieves for federal offenses.

7. Diplomatic Powers: The President is the chief diplomat and has the authority to negotiate and sign treaties,
although Senate approval is required for ratification

FUNCTIONS OF PRIME MINISTER OF INDIA

1. Head of Government: The Prime Minister is the leader of the executive branch of the government. They are
responsible for forming a cabinet, which consists of other ministers, and collectively they make policy decisions
and implement laws.
2. Chief Executive: The Prime Minister is the chief executive officer of the country. They oversee the functioning
of the government and ensure that policies and programs are effectively implemented.

3. Policy Formulation: The Prime Minister plays a central role in formulating and shaping government policies.
They are involved in decision-making processes related to economic, social, foreign affairs, and other important
issues.

4. Crisis Management: During times of crisis, whether it's a natural disaster, security threat, or economic
downturn, the Prime Minister is expected to provide leadership and make crucial decisions to address the
situation.

5. International Representation: The Prime Minister represents India on the global stage. They participate in
international forums, engage in diplomatic relations, and conduct foreign policy to promote India's interests and
maintain good relations with other countries.

6. Parliamentary Leadership: The Prime Minister leads the government in the Parliament. They are responsible
for presenting government policies, answering questions, and participating in debates. The Prime Minister needs
to maintain the confidence of the majority in the Lok Sabha (the lower house of Parliament).
7. Appointments: The Prime Minister has a role in appointing key officials, including ministers, members of the
cabinet, and top bureaucratic positions. They also play a role in recommending the President's appointments of
governors, judges, and other constitutional positions.
.

.
JUDICIARY- THE INDEPENDANCE OF SUPREME COURT
The independence of the Supreme Court in India is a crucial aspect of the country's democratic system. The
Indian Constitution, which came into effect on January 26, 1950, establishes an independent judiciary to
safeguard the rights and liberties of the citizens. The independence of the judiciary, including the Supreme
Court, is enshrined in various provisions of the Constitution.

Here are some key aspects that highlight the independence of the Supreme Court in India:

1. Appointment Process: The judges of the Supreme Court are appointed by the President of India after
consultation with other judges of the Supreme Court and High Courts, as well as the Chief Justice of India. This
process aims to insulate judicial appointments from political interference.

2. Security of Tenure: Once appointed, judges of the Supreme Court have a secure tenure. They can only be
removed through a process of impeachment by Parliament, which requires proven misbehavior or incapacity.
This protects judges from arbitrary removal and ensures judicial independence.

3. Salaries and Allowances: The salaries and allowances of the judges of the Supreme Court are charged on the
Consolidated Fund of India, which means they are not subject to the approval of Parliament. This financial
autonomy helps in safeguarding the independence of the judiciary from executive control.
4. Judicial Review: The Supreme Court of India has the power of judicial review, allowing it to examine the
constitutionality of laws and government actions. This power acts as a check on the legislative and executive
branches, ensuring that they adhere to the principles of the Constitution.

5. Separation of Powers: The Constitution of India establishes the doctrine of separation of powers, distributing
powers among the legislature, executive, and judiciary. This separation is intended to prevent the concentration
of power in one branch and to ensure a system of checks and balances.

6. Public Interest Litigation (PIL): The Supreme Court has played a proactive role in promoting social justice
through the acceptance of PILs. This allows individuals or groups to approach the court on behalf of those
whose rights may be affected, even if the aggrieved party is unable to approach the court directly.

APPOINMENT OF JUDGES

1. Article 124 and 217 of the Constitution: These articles deal with the appointment of judges to the Supreme
Court and High Courts, respectively. The President of India makes these appointments after consulting with the
Chief Justice of India (CJI) and, in the case of High Courts, the Governor of the concerned state and the Chief
Justice of the High Court.

2. Collegium System: The Collegium system, which is not explicitly mentioned in the Constitution but has
evolved through judicial interpretation, plays a crucial role in the appointment of judges. The Collegium
consists of the Chief Justice of India and a group of senior-most judges of the Supreme Court. The Collegium
recommends names for appointment and transfer of judges.
3. National Judicial Appointments Commission (NJAC): The NJAC was proposed as a constitutional body to
replace the Collegium system. It was intended to include the Chief Justice of India, two senior-most judges of
the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by the Prime
Minister, the CJI, and the Leader of the Opposition. However, the Supreme Court, in a historic judgment in
2015 (in the case of Supreme Court Advocates-on-Record Association v. Union of India), struck down the
NJAC, reinstating the Collegium system.

4. Consultation with the Governor: In the case of High Courts, the President consults with the Governor of the
concerned state and the Chief Justice of the High Court before making an appointment.

5. Elevation of Judges: In many cases, judges are appointed from the ranks of practicing lawyers, district judges,
or judicial officers through the process of elevation.

It's important to note that the process of judicial appointments in India has been a subject of debate and
discussion, and various stakeholders have expressed their views on reforming the system to make it more
transparent and accountable. The appointment of judges is a complex and nuanced aspect of the Indian legal
system, and changes in the process may occur over time based on legal and constitutional developments.

What do you mean by judicial review?

Judicial Review means the power of the Supreme Court (or High Courts) to examine the
constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent
with the provisions of the Constitution, such a law is declared as unconstitutional and
inapplicable.

What is judicial activism?

Judicial activism is the exercise of the power of judicial review to set aside government
acts. Generally, the phrase is used to identify undesirable exercises of that power, but
there is little agreement on which instances are undesirable.

Public Interest Litigation

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or organizations to initiate legal
proceedings in a court of law for the enforcement of public interest or general interest in cases where the
violation of constitutional or legal rights of a group of people is involved. PIL is a unique feature of the Indian
legal system, but similar concepts exist in other jurisdictions under different names, such as public interest
litigation in the United States.

Key features of Public Interest Litigation:

1. Origin and Purpose: Public Interest Litigation originated in India as a tool to provide access to justice for the
marginalized and underprivileged sections of society. It was introduced to address social and public issues that
affect a large number of people.

2. Standing to Sue: Unlike traditional litigation, where only the aggrieved party has the right to approach the
court, PIL allows any citizen or group of citizens, non-governmental organizations (NGOs), and social activists
to file a petition on behalf of those who may be unable to approach the court on their own.

3. Focus on Public Interest: The primary focus of PIL is to protect and promote the interests of the public at
large. It is not driven by personal grievances but by concerns related to constitutional rights, environmental
issues, human rights violations, corruption, and other matters affecting the public.

4. Role of the Judiciary: The judiciary plays a proactive role in PIL cases. Courts can take suo moto cognizance
of matters and initiate proceedings on their own based on media reports or other sources if they believe there is
a substantial public interest involved.

5. Broad Remedies: The remedies sought in PIL cases are not limited to monetary compensation for the
aggrieved party. The court can issue directions, orders, or guidelines to address systemic issues, and the focus is
on providing a solution that benefits society as a whole.

Lokpal & Lok Ayuktas

Lokpal is an ombudsman or anti-corruption institution in India. The term "Lokpal" is derived from the Sanskrit
words "lok," meaning people, and "pal," meaning protector or caretaker. The Lokpal is responsible for
investigating complaints of corruption against public officials and government employees.

The idea of establishing a Lokpal was first proposed by the Administrative Reforms Commission in 1966.
However, it took several decades for the Lokpal and Lokayuktas Act to be passed. The Lokpal and Lokayuktas
Act, 2013, received assent from the President of India on January 1, 2014, and came into force from January 16,
2014.

The Lokpal consists of a chairperson and a certain number of members, including judicial and non-judicial
members. The Lokpal has the authority to inquire into allegations of corruption against public servants,
including the Prime Minister, ministers, members of Parliament, and central government employees. It is an
independent body that operates outside the control of the executive.

The Lokpal and Lokayuktas Act also allows for the establishment of Lokayuktas at the state level to deal with
corruption cases involving state government employees. The Lokpal is intended to provide a mechanism for
citizens to file complaints against corruption at high levels of government and to ensure accountability and
transparency in public administration.

Power And Function of Governor

 The Governor of a State is appointed by the President for a term of five years and holds office during his
pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power
of the State is vested in Governor.

1. Executive Powers:

 Head of State: The Governor is the ceremonial head of the state and represents the President of India at
the state level.

 Appointment of Chief Minister: The Governor appoints the Chief Minister, who is usually the leader
of the majority party in the state legislative assembly.

2. Legislative Powers:

 Summoning and Proroguing the Legislative Assembly: The Governor has the authority to summon
and prorogue the sessions of the state legislative assembly.

 Addressing the Legislative Assembly: The Governor addresses the legislative assembly at the
beginning of the first session each year and also on the commencement of a new legislative session.

3. Dissolution of the Legislative Assembly:

 Dissolution of the Assembly: The Governor can recommend the dissolution of the legislative assembly
to the President if they are satisfied that a stable government cannot be formed after a general election.

4. Judicial Powers:

 Pardoning Powers: The Governor has the power to grant pardons, reprieves, respites, or remissions of
punishment or to suspend, remit, or commute the sentence of any person convicted of an offense against
state laws.

5. Appointment Powers:

 Appointment of Ministers: The Governor appoints other members of the Council of Ministers on the
advice of the Chief Minister.

 Appointment of Advocate General: The Governor appoints the Advocate General for the state.

6. Constitutional Discretion:

 Governor's Discretion: In certain situations, the Governor may use their discretion, especially in
matters where the Constitution is silent or ambiguous. However, this discretion is to be exercised within
the framework of constitutional principles.
7. Emergency Powers:

 Proclamation of President's Rule: The Governor can recommend the imposition of President's Rule in
the state to the President if the constitutional machinery in the state breaks down.

Power and function of Chief Minister

In India, the Chief Minister is a key political figure at the state level. The position of Chief Minister is
analogous to that of the Prime Minister at the national level. The power and functions of a Chief Minister in
India include:

1. Head of the State Government: The Chief Minister is the head of the state government and is responsible for
the overall administration of the state

2. Executive Authority: The Chief Minister is the chief executive of the state and exercises executive powers to
implement laws and policies. The day-to-day administration of the state is carried out under the Chief Minister's
leadership.

3. Council of Ministers: The Chief Minister is the leader of the Council of Ministers in the state. The Council of
Ministers consists of cabinet ministers, and the Chief Minister assigns portfolios to them.

4. Policy Formulation: The Chief Minister plays a crucial role in formulating and implementing policies for the
development and welfare of the state. They often lead the decision-making process in the state government.

5. Legislative Responsibilities: The Chief Minister is a member of the state legislative assembly, and they play a
vital role in the legislative process. They may introduce bills, participate in debates, and answer questions
related to their government's policies.
6. Representative of the State: The Chief Minister represents the state in various forums, both within the country
and internationally. They may participate in inter-state meetings, conferences, and represent the state's interests.

7. Coordination with the Governor: While the Governor is the constitutional head of the state, the Chief
Minister is the head of the elected government. The Chief Minister coordinates with the Governor on matters
like the appointment of ministers, legislative matters, and other state affairs.

8. Law and Order: The Chief Minister is responsible for maintaining law and order in the state. They work
closely with the state police and other law enforcement agencies to ensure the safety and security of the citizens.

9. Development and Planning: The Chief Minister is involved in the planning and execution of development
projects in the state. They work towards the economic and social development of the state by implementing
various schemes and initiatives.

Function of State Cabinet

A state cabinet, also known as the Council of Ministers or Executive Council at the state level, plays a crucial
role in the governance of a state within a country. The specific functions of a state cabinet can vary based on the
 legal and constitutional framework of the particular country, but generally, the state cabinet is responsible for
the following functions:

1. Policy Formulation: The state cabinet is responsible for formulating policies and making decisions on
various issues that affect the state. This includes economic policies, social welfare policies, education
policies, and more.

2. Administration: The cabinet oversees the administration of the state government. This involves
implementing laws, managing government departments, and ensuring that policies are carried out
effectively.

3. Legislation: In many cases, the state cabinet is involved in the legislative process. Cabinet members
may propose laws, review draft legislation, and participate in the lawmaking process.

4. Budgetary Decisions: The cabinet is typically involved in the budgetary process, deciding on financial
allocations for different sectors and government programs. This includes approving the state budget
and making decisions on taxation.

5. Coordination of Government Departments: The cabinet coordinates the activities of various

government departments to ensure that policies are implemented cohesively. This involves
collaboration among different ministers and departments.

6. Representation: Cabinet members often represent the state government at various levels, including
interacting with the central government, other state governments, and international entities. They
may participate in inter-state councils and represent the state's interests.

7. Crisis Management: The cabinet is responsible for managing crises and emergencies that may arise
within the state. This includes natural disasters, public health crises, and other unforeseen events.

8. Approval of Appointments: The cabinet may be involved in the appointment of key officials, such as
heads of government departments, and in some cases, members of commissions and boards.

9. Communication with the Public: Cabinet members communicate government policies and decisions
to the public. This involves addressing the media, participating in public forums, and engaging with
citizens to ensure transparency.

Functions of High Court And Subordinate Court

High Courts and subordinate courts are essential components of the judicial system in many
countries. Their functions vary, but they generally work together to ensure justice is
 administered efficiently at different levels of the legal hierarchy. Below are the general
functions of High Courts and subordinate courts:

High Courts:

1. Appellate Jurisdiction:
 High Courts primarily serve as appellate courts, hearing appeals from lower courts and
tribunals. They review decisions made by subordinate courts to ensure the proper
application of law.

2. Writ Jurisdiction:
 High Courts often have the power to issue writs, such as habeas corpus, mandamus,
certiorari, quo warranto, and prohibition, to protect fundamental rights and enforce the
rule of law.

3. Supervisory Role:
 High Courts have supervisory authority over subordinate courts and tribunals within their
territorial jurisdiction. They can issue orders, directives, and guidelines to ensure the
proper functioning of the lower judiciary.

4. Constitutional Interpretation:
 High Courts interpret constitutional provisions and adjudicate disputes related to
constitutional matters. They play a crucial role in upholding the constitutional
framework.

5. Civil and Criminal Jurisdiction:

 High Courts have original jurisdiction in certain civil and criminal matters. They can hear
cases of significant importance and those that involve complex legal issues.

6. Public Interest Litigation (PIL):

 High Courts often entertain PILs, allowing citizens to bring matters of public interest
before the court. This helps in addressing issues affecting the larger community.

Subordinate Courts:

1. Trial Courts:
 Subordinate courts, also known as trial courts or district courts, have original jurisdiction
to hear and decide cases at the first instance. They conduct trials in civil and criminal
cases.

2. Execution of Decrees:
  Subordinate courts are responsible for executing the judgments and decrees passed by
higher courts. They oversee the implementation of court orders.

3. Criminal and Civil Jurisdiction:

 Subordinate courts handle a wide range of criminal and civil cases. They deal with
matters such as property disputes, family disputes, and criminal offenses within their
territorial jurisdiction.

4. Magisterial Functions:
 Subordinate courts, especially in countries with a magistrate system, perform magisterial
functions like granting bail, issuing search warrants, and handling other matters related to
criminal procedure.

5. Administrative Functions:
 These courts perform administrative duties related to the legal process, including record-
keeping, case management, and procedural matters.

6. Appeals from Lower Courts:

 In a hierarchical system, lower or subordinate courts may themselves have appellate
jurisdiction over decisions made by courts below them.

In summary, High Courts and subordinate courts work together to ensure the proper
administration of justice. High Courts provide a mechanism for appeal, constitutional
interpretation, and the protection of fundamental rights, while subordinate courts handle the
day-to-day trials and execution of judgments.

Function of State legislatures

State legislatures play a crucial role in the governance of a state within a federal system. The
specific functions of state legislatures may vary somewhat from state to state, but in general,
they share several key responsibilities:

1. Lawmaking: State legislatures are primarily responsible for enacting state laws. Legislators
propose, debate, and vote on bills that, if passed, become state statutes. These laws cover a wide
range of issues, including education, healthcare, transportation, criminal justice, and more.

2. Budget and Appropriations: State legislatures are responsible for approving the state budget.
This involves reviewing and allocating funds for various state agencies, programs, and services.
Legislators assess revenue sources and make decisions on spending priorities.
3. Representation: Members of the state legislature represent the interests of their constituents.
They listen to the concerns and needs of the people in their districts and advocate for policies
that address these issues.

4. Constituent Services: State legislators often serve as a link between their constituents and state
government. They assist individuals with issues related to state agencies, provide information
about state programs, and help navigate bureaucratic processes.

5. Oversight and Accountability: Legislatures have a role in overseeing the executive branch of
state government. This includes conducting investigations, holding hearings, and ensuring that
government agencies are operating efficiently and within the law.

6. Redistricting: State legislatures are typically responsible for redrawing legislative and
congressional district boundaries based on population changes, which occurs after each
decennial census. This process has significant implications for representation in both state and
federal government.

7. Ratification of Constitutional Amendments: State legislatures may be involved in the

ratification of constitutional amendments proposed at the federal level. While this process is
less common, it is a constitutional duty of state legislatures.

8. Policy Development: State legislatures engage in the development of policies that address the
unique needs and challenges of their states. This includes addressing issues related to education,
healthcare, social services, economic development, and more.