UNIT-2

Powers of Indian Parliament: The Parliament of India is a bi-cameral legislature. It

consists of two houses- Rajya Sabha & Lok Sabha and President of India.

Parliament makes law with the help of its both the chambers. Laws passed by the parliament
and approved by the president are enforced in the whole country.

The functions of parliament are divided based on the powers it has. These are

 Executive Powers includes

 The executive is the organ of government responsible for the laws and policies of the
parliament. Thus, there are various measures that the parliament uses to control over the
executive.This is done through question hour, adjournment motion, zero hours, etc.

 Judiciary power includes

 Removing the vice president

 Impeaching(charging against crime) the president in reference to the violation of the
constitution
 Removing the judges of the high court and Supreme Court.

 Legislative Powers

 There are many subjects in our constitution and they are divided among the state, union,
and concurrent lists. Thus, in the concurrent list, the parliamentary law overrules the
 legislative law of the state. Furthermore, the constitution also give them powers to make
the law in the following circumstances:

 When the national emergency is under the operation.

 When the Rajya Sabha passes a resolution act.
 When the rule of the president is under operation.
 Also, when it is important to give recognition to international treaties, agreements, and
conventions.

 Electoral Powers
 It has its participation in the election of President and Vice-President. The members of
Lok Sabha elect speaker and deputy speaker from among its members. Similarly
members of Rajya Sabha elect deputy chairman.

 Constituent Powers
 Within this power, the parliament can pass any law that is required. Only parliament is
empowered to initiate any proposal for amendment of the constitution
 Financial Powers
 This power has various functions in it- It includes scrutinizing the performance of the
government particularly with respect to financial committees. Also, it includes the
enactment (passing a bill through legislation) of the budget.

Rajya Sabha
 INTRODUCTION

The Rajya Sabha, i.e., the Council of States, is the Upper House of the Union Parliament.
It gives representation to the States of the India.

However, the states do not enjoy an equal representation in the Rajya Sabha. These have
been given representations on the basis of the size of their populations.

 Composition of the Rajya Sabha:

The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to
be the representatives of the States and remaining 12 members are to be nominated by the
President from amongst persons who have achieved distinctions in the fields of art,
literature, science or social services

 Method of Election & Tenure:

The members of the Rajya Sabha are elected indirectly by the people. The people of each
state elect the members of their state legislative assembly who then elect the members of
 Rajya Sabha by a method of proportional representation—single transferable vote
system. Each State Legislative Assembly elects as many representatives as have been
allocated to it by the Constitution.

One third of its members retire after every two years and elections are held only for the
vacant seats. The tenure of each member of the Rajya Sabha is six years.The Vice-
President of India is the ex-officio Chairman of the Rajya Sabha. He is not a member of
the House. During the absence of the Vice-President, the Deputy Chairman of the Rajya
Sabha presides over the meetings. The Deputy Chairman is elected by the Rajya Sabha
MPs from amongst themselves.

 Qualifications for the membership of Rajya Sabha:

 He must be a citizen of India.

 He must be above the age of 30 years.
 He must possess all other qualifications as laid down by the Parliament.
 He must not hold any office of profit under any government.
 He should not be an insane or a bankrupt.
 He should not have been disqualified under any law of the Parliament.
 Now any person residing in any part of India can contest election to the Rajya Sabha
from any state. For this purpose residence of the concerned state is not essential.

 Powers and Functions of the Rajya Sabha

 Legislative Powers:

An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless
passed by it.
In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it
remains unresolved for six months, the President can convene a joint sitting of the two
Houses for resolving the deadlock.

 Electoral Powers:

The elected members of the Rajya Sabha along with the elected members of the Lok
Sabha and all the State Legislative Assemblies together elect the President of India. The
members of the Rajya Sabha,Lok Sabha together elect the Vice- President of India.
Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves.

 Financial Powers:

In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be
introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha.
A money bill passed by the Lok Sabha comes before the Rajya Sabha for its
consideration.
 However, if within a period of 14 days, the Rajya Sabha fails to pass the bill, the bill is
taken to have been passed by the Parliament irrespective of the fact whether the Rajya
Sabha has passed it or not.

 Executive Powers:

The members of the Rajya Sabha can exercise some control over the ministers by
criticising their policies, by asking questions and supplementary questions.

The Rajya Sabha cannot remove the Ministry from its office. It has limited role in
controlling the executive.

 Amendment Powers:

Rajya Sabha and Lok Sabha can together amend the constitution by passing an
amendment bill with 2/3 majority in each House.

 Executive Powers:

The members of the Rajya Sabha can exercise some control over the ministers by
criticising their policies, by asking questions and supplementary questions.
The Rajya Sabha cannot remove the Ministry from its office. It has limited role in
controlling the executive.
 Amendment Powers: Rajya Sabha and Lok Sabha can together amend the constitution
by passing an amendment bill with 2/3 majority in each House.

FUNCTIONS OF LOK SABHA

 Legislative Function:

The primary function of Parliament is a law making function. Lok Sabha plays an
important part.
It can pass bills concerning to those entire subject which have been included in Union
and Concurrent list.
No bill can become law unless it has been passed by Lok Sabha.
In case of any disagreement between the two Houses, the will of Lok Sabha will prevail
in joint sitting with the Rajya Sabha because Lok Sabha has more members than Rajya
Sabha.

 Financial Function:

The power of control over the finances by the Lok Sabha is powerful.
The money bill has to be introduced in the Lok Sabha first and when passed by the Lok
Sabha it is to be transmitted to Rajya Sabha for the recommendation.
 It is upon the Lok Sabha to accept or not to accept the recommendations.
The Lok Sabah alone has the exclusive power of sanctioning all government
expenditures.

 Executive Control:

Article 75(3) of the Constitution provides that ' Council of Ministers is collectively
responsible to the Lok Sabha.
Thus, the Government is accountable to the Lok Sabha for its acts.
It is only the Lok Sabha which can pass a no-confidence vote against the Council of
Ministers and force them to resign.

 Electoral Function:

The Lok Sabha members are part of the electoral college for the election of President.
The members of Lok Sabha also elect the Vice-President. It elects the Speaker and
Deputy Speaker.

President of India
The President of India is the executive head of India. He is the supreme command of the
defense forces of India and the ceremonial head of the country and also called the first citizen
of India.

The primary duty of the President is to preserve, protect and defend the constitution and the
law of India as made part of his oath.

Powers and Functions of President in India

 Executive Functions

Head of the Union: The President is at the head of the Union Executive. Consequently,
all executive powers are exercised in his name.

Appointments: As head of the executive, the President appoints the Governors of States,
the Judges of the Supreme Court and the High Courts, the Auditor General of India and
many other high officials.
Appointment of the Prime Minister and other Ministers: The President also appoints the
Prime Minister and with his advice the other Ministers of the Union Council
Can ask to prove Majority in Lok Sabha: The President must be satisfied that the Council
of Ministers enjoys the confidence of the majority of the Lok Sabha. In case of any doubt
he can ask the Council of Ministers to prove its majority in the Lok Sabha.
 Supreme Commander: As head of State, the President is the supreme Commander of the
Armed Forces of India and is entitled to declare war or conclude a treaty.

 Legislative Powers

President is a part of Parliament: The Union Legislature or Parliament consists of the

President and two Houses of Parliament. The President is, therefore, an integral part of
Union Legislature.

Summons and Addresses Parliament: The President may address either or both House of
Parliament in separate or joint sessions and also ask them to consider certain matters
pending with them.
Nomination: In the Upper House (Council of States or the Rajya Sabha) 12 members are
to be nominated by the President.

 Financial Powers

To get money bill introduced: The president is required to get money bill introduced in
the parliament for its approval. No money Bill can be introduced in Lok Sabha without
the prior permission of the President of India.
Control over contingency fund: He has power/control to make advances out of it to meet
unforeseen expenditures.
Finance: No proposal for spending money or raising revenues for purposes of
government can be introduced in Parliament without previous permission of the
President.

 Emergency Powers

National Emergency (Art. 352);

State emergency (President Rule) (Art. 356);
Financial Emergency (Art. 360);
The Constitution of India empowers The President of India to proclaim the emergency.
Comparison of Powers of Indian President with the United States
 Manner of election
US president is directly elected whereas the Indian president is indirectly elected. The
advantage of the directly elected head of the government is the stability of the
government.

 Head of the State

The US President is both the Head of the State and Head of the Government, whereas the
Indian president is only the head of the State. President of the US is the real executive.
Indian President is nominal executive..
 Term of office

American President holds the office for 4 years and he can seek re-election only once,
while the Indian president holds the office for 5 years and is eligible for re-election any
number of times.

 Responsibility to Legislature

The US president is not part of any legislature and is not responsible to the legislatures.
In India, the Parliament includes the President and the two houses- Lok Sabha and Rajya
Sabha.

 Independence of office

The Indian President needs to act as per the advice of the Council of Ministers (COM)
while discharging his duties. The COM takes all the decisions pertaining to the affairs of
the country and executes them under the President’s name.
In the US, the members of the cabinet are not members of the legislature and are not
responsible to it. The cabinet members are appointed by the President and they are liable
to be dismissed by the President.
 Pocket veto

US President can exercise his pocket veto power by not signing the bill for 10 days if he
knows the session of the legislature will end within 10 days. In such cases the bill dies.

Indian President can keep the bill for indefinite period as there is no constitutionally
prescribed time limit to give his assent. The President can use his pocket veto if the fall of
the government appears imminent. However, he has to act as per the advice of the new
government and cannot take his own decision if the current government falls.

 Dissolving the legislature

The Indian President can dissolve the Parliament while the US President does not have
such powers.

 Removal process

Both the American and Indian Presidents can only be removed from the office
through impeachment.
In India either house can initiate impeachment proceedings against the president. In US
the power to impeach solely lies with the Senate (upper house).

 Veto power

The President of US can veto a bill passed by the legislature. He needs to sign the bill if it
is once again passed by two-thirds majority of both the houses.
 The Indian President on the other hand can send the bill for reconsideration only once. If
the bill is passed again even by a simple majority in the Parliament he is obliged to sign
the bill.

 State bills

Certain state bills need the previous consent of the president and he possess absolute veto
power with respect to some types of state bills. The US President does not have such
powers.
The Prime Minister is the real executive authority of the country. The Prime Minister is
the leader of the Council of Ministers whose appointment shall be made by the President.

THE SUPREME COURT OF INDIA

• Highest judicial body in India and is situated in New Delhi.

• Came into power on 28th January, 1950 just two days after the constitution came into
effect.
• The chief justice of India and 30 other judges make up the supreme court of India who is
directly appointed by the president of India.

• The biggest responsibility is that it is the highest court of appeal and is also the protector
of the constitution in the country.
• Supreme Court acts as guardian of Indian constitution.

Independent Judiciary

• The judiciary of India is an independent body.

• It is separate from legislative and executive bodies of the Indian government.

• The legislative and executive, i.e. the centre and state government, cannot interfere in the
work of judiciary.
• The courts are not under the government and don’t act on their behalf.

• Judges in the high court as well as Supreme Court are appointed with very little
interference from the branches of the government.
• It is also very difficult to remove a judge from his/her post.

Appointment of Judges of the Supreme Court

• The chief justice of India is appointed by the President and has the highest judicial
position in India. All the other judges of the Supreme Court and high court are also
appointed by the president with the consultation of chief justice of India.
• National Judiciary Appointments Commission (NJAC) selects new judges for Supreme
Court and high court.
• The senior most judges are usually appointed by president chief justice of India.

• Once any judge is appointed to the Supreme Court or high court. it is impossible to
remove him or her from the position.
• The president of India is not answerable to any court of the judiciary.

• A judge can only be removed from power only by an impeachment motion* passed
separately by two-thirds members of the two houses of the parliament.

Supreme Court of India – Functions

• It takes up appeals against the verdicts of the High Courts, other courts and tribunals.

• It settles disputes between various government authorities, between state governments,

and between the centre and any state government.
• It also hears matters which the President refers to it, in its advisory role.

• The SC can also take up cases suo moto (on its own).

• The law that SC declares is binding on all the courts in India and on the Union as well as
the state governments.

Judicial Review
 MEANING&DEFINITIONS :

• “Judicial Review refers to the power of the judiciary to interpret the constitution
and to declare any such law or order of the legislature and executive void, if it finds
them in conflict with the Constitution of India.”
• Supreme Court 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.

• Judicial review (JR) is the process by which judges examine the decisions of public
bodies and consider whether the law has been correctly followed.

• Judicial review is defined as the doctrine under which executive and legislative actions
are reviewed by the judiciary.

 Features of Judicial Review in India

1. Judicial Review Power is used by both the Supreme Court and High Courts:
Both the Supreme Court and High Courts exercise the power of Judicial Review. But the
final power to determine the constitutional validity of any law is in the hands of the
Supreme Court of India.
2. Judicial Review of both Central and State Laws:
 Judicial Review can be conducted in respect of all Central and State laws, the orders and
ordinances of the executives and constitutional amendments.
3. A Limitations:
Judicial Review cannot be conducted in respect of the laws incorporated in the 9th
Schedule of the Constitution.
4. The Supreme Court can decide:
(i) The law is constitutionally valid. In this case the law continues to operate as before, or
(ii) The law is constitutionally invalid. In this case the law ceases to operate with effect
from the date of the judgment.
(iii) Only some parts or a part of the law is invalid.
In this case only invalid parts or part becomes non-operative and other parts continue to
remain in operation. However, if the invalidated parts/part is so vital to the law that other
parts cannot operate without it, then the whole of the law gets rejected.
5. Judicial Review Decision gets implemented from the date of Judgment:
When a law gets rejected as unconstitutional it ceases to operate from the date of the
judgment. All activities performed on the basis of the law before the date of the judgment
declaring it invalid, continue to remain valid.
6. Principle of Procedure established by Law:
Judicial Review in India is governed by the principle: ‘Procedure Established by Law’.
Under it the court conducts one test, i.e., whether the law has been made in accordance
with the powers granted by the Constitution to the law-making body and follows the
prescribed procedure or not. It gets rejected when it is held to be volatile of procedure
established by law.
7. Clarification of Provisions which a rejected law violates:
While declaring a law unconstitutional, the Supreme Court has to cite the provisions of
the constitution which it violates. The court has to clearly establish the invalidity of the
concerned law or any of its part.
 Judicial Review And Constitution of India
Under Article 13 of the Indian Constitution, the compulsion of judicial review was
described in fundamental rights in Part III. It is stated that the State or the Union shall not
make such rules that takes away the essential rights of the people. If any law made by the
Parliament or the State Legislature contravenes the provisions of this Article, shall be
void.

 We can classify judicial review into three categories. They are:

Reviews of Legislative Actions: This review implies the power to ensure that laws passed
by the legislature are in compliance with the provisions of the Constitution.
Review of Administrative Actions: This is a tool for enforcing constitutional discipline
over administrative agencies while exercising their powers.
Review of Judicial Decisions: This is seen in the Golaknath case, bank nationalization
case, Minerva Mills’s case, Privy Purse abolition case, etc
Judicial Activism
The judiciary plays an important role in upholding and promoting the rights of citizens in
a country. The active role of the judiciary in upholding the rights of citizens and
 preserving the constitutional and legal system of the country is known as judicial
activism.

• Black’s Law Dictionary- judicial activism is a “philosophy of judicial decision-making

whereby judges allow their personal views about public policy, among other factors, to
guide their decisions.”

 Significance Of Judicial Activism

It is an effective tool for upholding citizens’ rights and implementing constitutional
principles when the executive and legislature fails to do so.
Citizens have the judiciary as the last hope for protecting their rights when all other doors
are closed. The Indian judiciary has been considered as the guardian and protector of the
Indian Constitution.
There are provisions in the constitution itself for the judiciary to adopt a proactive
role. Article 13 read with Articles 32 and 226 of the Constitution provides the power of
judicial review to the higher judiciary to declare any executive, legislative or
administrative action void if it is in contravention with the Constitution.

Public interest Litigation (PIL)

Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional
hazards etc. Any matter where the interest of public at large is affected can be redressed
by filing Public Interest Litigation in a court of law.

Public interest means-to the benefit or advantage of the community as a whole.

Litigation means- the process of making legal action in a court of law with the object of
enforcing a right or seeking a remedy.

Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest.

Some of the matters which are entertained under PIL are:

• Neglected Children
• Non-payment of minimum wages to workers and exploitation of casual workers
• Atrocities on women
• Environmental pollution and disturbance of ecological balance
• Food adulteration
• Maintenance of heritage and culture
• Bonded Labour matters

 Who Can File a PIL and Against Whom?

 Any citizen can file a public case by filing a petition:
Under Art 32 of the Indian Constitution, in the Supreme Court.

• Under Art 226 of the Indian Constitution, in the High Court.

• Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
 A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party. The definition of State is the same as given
under Article 12 of the Constitution and this includes the Governmental and Parliament
of India and the Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of the Government of
India.

 Significance of PIL

• The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
• PIL is an important instrument of social change and for maintaining the Rule of law
and accelerating the balance between law and justice.
• The original purpose of PILs has been to make justice accessible to the poor and the
marginalized.
• It is an important tool to make human rights reach those who have been denied rights.
• It democratizes the access of justice to all. Any citizen or organisation who is capable
can file petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
• It is an important tool for implementing the concept of judicial review.
• Enhanced public participation in judicial review of administrative action is assured by
the inception of PILs.

Lokpal and Lokayuktas under the Lokpal and Lokayukta Act, 2013
 Introduction

•An independent institution of Lokpal and Lokayukta has been a landmark move in the
history of Indian polity which offered a solution to the never-ending menace of
corruption.
• Corruption is the root cause of the problem that erodes the foundation of a nation and
hinders administration from completing its task.
• It provides a powerful and effective measure to counter corruption at all levels of the
government.
 What are Lokpal and Lokayukta?

• The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for
the Union and Lokayukta for States.
 • These institutions are statutory bodies without any constitutional status.

• They perform the function of an "ombudsman” (an official appointed to investigate

individuals’ complaints against a company or organization, especially a public
authority) and inquire into allegations of corruption against certain public
functionaries and for related matters.
• Its main motive is to provide speedy, cheaper form of justice to people.

 Origin and History

• The concept of ombudsman originated in 1809 with the official inauguration of the
institution of ombudsman in Sweden.
• Countries like New Zealand and Norway also adopted the system of ombudsman in
the year 1962.
• Great Britain became the first eminent nation in the democratic world to have such an
anti-corruption institution.
• In India, the former law minister Ashok Kumar Sen became the first Indian to
propose the concept of constitutional ombudsman in parliament in the early 1960s.
• Further, Dr L. M. Singhvi coined the term Lokpal and Lokayukta.
• In 1966, the First Administrative Reform Commission passed recommendations
regarding the setting up of two independent authorities at the central and at the state
level.
• The bill received assent from President on 1 January 2014 and came into force on 16
January 2014 under the name “The Lokpal and Lokayukta Act 2013”.
 Lokpal and Lokayukta Amendment Act, 2016

• After the introduction of the Lokpal and Lokayukta Act 2013, a bill was passed by
Parliament in July 2016 which amended the Lokpal and Lokayukta Act, 2013.

• This amendment enabled the leader of the single largest opposition party in the Lok
Sabha to become a member of the selection committee in the absence of a recognized
Leader of Opposition.

• This bill also amended Section 44 of the Lokpal and Lokayukta Act 2013. Section 44
of the Act dealt with the provisions of furnishing details of assets and liabilities,
within 30 days of joining the government service, of any public servant.

• This amendment replaces the time limit of 30 days, now the public servants will make
a declaration of their assets and liabilities in the form and manner as prescribed by the
government.

 Structure of Lokpal

• Lokpal is a multi-member body consisting of one chairperson and 8 members.

• The person to be appointed as the chairperson of the Lokpal must be either:
 • The former Chief Justice of India; or
• The former Judge of the Supreme Court; or
• An eminent person with impeccable integrity and outstanding ability, having special
knowledge and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including insurance and
banking, law and management.
• These eight members must constitute:
• Half members to be judicial members;
• Minimum 50% of the Members should be from SC/ ST/ OBC/ minorities and women.

 Lokpal Search Committee

• Under the Lokpal Act of 2013, the DoPT is supposed to put together a list of
candidates interested to be the chairperson or members of the Lokpal.
• This list would then go to the proposed eight-member search committee, which would
shortlist names and place them before the selection panel headed by the Prime
Minister.
• The selection panel may or may not pick names suggested by the search committee.
• In September 2018, the government had constituted a search committee headed by
former Supreme Court judge Justice Ranjana Prakash Desai.
• The 2013 Act also provides that all states should set up the office of the Lokayukta
within one year from the commencement of the Act.

 Lokpal Jurisdiction and Powers

• Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament,

Groups A, B, C and D officers and officials of Central Government.
• The powers to superintendence over, and to give direction to CBI. If Lokpal has
referred a case to CBI, the investigating officer in such case cannot be transferred
without the approval of Lokpal.
• The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
• Powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by
means of corruption.
• Power to recommend transfer or suspension of public servant.
• Power to give directions to prevent the destruction of records.
 Who is a Governor?
• The Governor is the head of a state. He is the Chief Executive in the state. He enjoys
the same position in the state as the President enjoys in the Centre.
• He exercises his function in accordance with the advice of council of ministers of the
state concerned. In addition to this, the governor holds dual role as he functions as an
agent of central government also.

• The executive power of the state shall be vested in the Governor and shall be
exercised by him directly or through officers subordinate to him.

 Appointment of Governor
• Under Article 153 of the constitution, “There shall be Governor of each state and also
nothing in this article shall prevent the appointment of the same person to be
appointed as Governor of two or more states.”

• The Indian President appoints Governor for each state by warrant under his hand and
seal. Central Government is responsible to nominate the governor for each state.
• Two important practices regarding the Appointment of a Governor:

• The first practice is that the person being appointed as the Governor is mostly not a
resident of the state for which he is appointed.

• Secondly, before appointing a Governor, the Union Governments consult the

concerned State Government particularly the Chief Minister of that State.

 Qualification &Tenure for Appointment as Governor

• He is to be a citizen of India.
• He has to be above the age of 35 years.
• He is not to be a member of either House of Parliament or of the Legislature of any
state.
• He is not to be holding any office of profit in the Government.
• He is not to be a declared bankrupt by any court of law.
 Tenure: The term of governor's office is normally 5 years but it can be terminated earlier
by:

• Dismissal by the president on the advice of the council of minister headed by the
prime minister of the country.
• Dismissal of governors without a valid reason is not permitted. However, it is the
duty of the President to dismiss a governor whose acts are upheld by courts as
unconstitutional.
 The powers and functions of the Governor

 Executive Powers of the Governor

 • Every executive action that the state government takes, is to be taken in his name.
• How an order that has been taken up in his name is to be authenticated, the rules for
the same can be specified by the Governor.
• He may/may not make rules to simplify the transaction of the business of the state
government.
• Chief Ministers and other ministers of the states are appointed by him.
• He appoints the following people:
• State Election Commissioner
• Chairman and Members of the State Public Service Commission
• Vice-Chancellors of the universities in the state
• He seeks information from the state government
• A constitutional emergency in the state is recommended to the President by him.
• The governor enjoys extensive executive powers as an agent of the President during
the President’s rule in the state.
• Financial Powers of the Governor
• The following are the financial powers and functions of the Governor:
• He looks over the state budget being laid in the state legislature
• His recommendation is a prerequisite for the introduction of money bill in the state
legislature
• He recommends for the demand for grants which otherwise cannot be given
• Contingency Fund of State is under him and he makes advances out that to meet
unforeseen expenditure
• State Finance Commission is constituted every five years by him.
 Judicial Powers of the Governor
• The following are the judicial powers and functions of the Governor:
• He has the following pardoning powers against punishment:
• Pardon Reprieve Respite Remit Commute
• President consults the Governor while appointing judges of High Court
• In consultation with the state High Court, Governor makes appointments, postings,
and promotions of the district judges
• In consultation with the state high court and state public service commission, he also
appoints persons to the judicial services.
 Legislative powers of the governor:
• It’s in his power to prorogue the state legislature and dissolve the state legislative
assemblies
 • He addresses the state legislature at the first session of every year
• If any bill is pending in the state legislature, Governor may/may not send a bill to the
state legislature concerning the same
• As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total
members of the legislative council from the fields of:
– Literature
– Science
– Art
– Cooperative Movement
– Social Service
• He can consult Election Commission for the disqualification of members
• With respect to the bill introduced in the state legislature, he can:
– Give his assent
– Withhold his assent
– Return the bill
– Reserve the bill for the President’s consideration

Who is called a Chief Minister?

• Chief Minister is the leader of the ruling party of the state. While the governor is the
nominal executive of the state government, the person who becomes the chief
minister is the real executive of the government.
• Chief Minister enjoys the same powers as the Prime minister of the country but
those powers are limited to a state only.
• Chief Minister plays a pivotal role in the governing of the state and has vast
responsibilities.
• He/she also enjoys enormous power to guarantee the effective working of the state.
 Powers and functions of the Chief Minister
 With respect to council of ministers –
• The following are the powers of CM with respect to state council of ministers –
• 1). He advises the Governor to appoint any person as a minister. It is only according
to the advice of CM the Governor appoints ministers.
• 2). Allocation and reshuffling of portfolios among ministers.
• 3). In case of difference of opinion; he can ask minister to resign.
• 4). Directs, guides and controls activities of all the ministers.
• 5). If the Chief Minister resign then full cabinet has to resign.
 With Respect to Governor -
• Under Article 167 of our constitution: The Chief Minister acts as a link between
Governor and state council of ministers. The functions with respect to the Governor
are as follows:
• CM has to communicate to the Governor all the decisions of the council of ministers
relating to the administration of the states.
 • Whenever the Governor calls for any information relating to the decisions taken or
regarding the administration, the CM has to provide him the same
• The Governor can ask for consideration of council of ministers when a decision has
been taken without the consideration of the cabinet.
• CM advises Governor regarding the appointment of important officials like Attorney
General, State Public Service Commission (Chairman and Members), State Election
Commission etc.
 With Respect to State Legislature –
• All the policies are announced by him on the floor of the house.

• He recommends dissolution of legislative assembly to the Governor.

• He advises the Governor regarding summoning, proroguing the sessions of

State Legislative Assembly from time to time.
 Other Functions

• At the ground level he is the authority to be in contact with the people regularly and
know about their problems so as to bring about policies on the floor of the assembly.
• He acts as the chairman of State Planning Commission.

• He is the vice chairman of concerned zonal council in rotation for a period of one
year.
• During emergencies he acts as the crisis manager in the state.

So from the above explanation it can be conclude that the Chief Minister of a state
has wide range of functions. He is the leader of the MLAs elected by the general
public of the state. s the head of the ruling party and chairman of the cabinet,
the Chief Minister is a very powerful position. He/she is the person responsible for
the decisions that are made by the government during his/her tenure.

The State Council of Ministers

 Introduction
• The Constitution provides that there shall be a Council of Ministers with the Chief
Minister at the head to aid and advice the Governor in the exercise of his functions.

• The Council of Ministers constitutes the real executive in the State. Although the
administration is carried on in the name of the Governor, actual decisions are
normally made by Ministers.
It is the duty of the Chief Minister of a State to communicate to the Governor
regarding administration and the affairs of the State.

 Powers and Functions of the Council of Ministers:

 The Council of Ministers performs the following functions:
 (i) Formulation of Policies:
The Ministers formulate the policies of the government. The Cabinet takes
decisions on all major problems—public health, relief to the disabled and unemployed,
prevention of plant diseases, water storage, land tenures and production, supply and
distribution of goods. When it has formulated a policy, the appropriate department carries
it out.
(ii) Administration and Maintenance of Public Order:
The Constitution empowers the Governor to make -rules for proper functioning
of the business of the Government. All such rules are made on the advice of the Council
of Ministers.
(iii) Appointments:
The Governor has the power to appoint the Advocate-General and the Members
of the State Public Service Commission. The Vice-Chancellors of the State Universities
and members of various Boards and Commissions are all appointed by the Governor. The
Governor cannot make these appointments at his will. He must exercise these functions
on the advice of his ministers.
(iv)Guiding the Legislature:
Most of the Bills passed by the Legislature are Government Bills, prepared in the
ministries. They are introduced, explained and defended in the State Legislature by the
Ministers. The Cabinet prepares the Governor’s Address in which it sets forth its
legislative program at the commencement of the first session of the Legislature each year.
(v) Control over the State Finance:
Controls the Financial Policy of the State.
Finance minister submits the State Budget.
Legislature approves the budget-expenditure & revenue items in its original form
with the support of subservient majority.
(vi) Execution of Central Laws and Decisions of the Union Government:
The Union Government is empowered to give directions to the State-governments
in certain matters. The States should exercise their executive power so as to ensure
compliance with the laws made by Parliament. They should not do anything which would
hamper the executive power of the Union.
Railways, for instance, is a Union subject, but police, including railway police, is
a State Subject. The Union Government can give directions to the State Executive as to
the measures to be taken for the protection of railways within the State.
State Legislature
 Introduction
• The Constitution of India dispenses that every state shall have a legislature which can
be bicameral or unicameral legislature along with the Governor.
A Bicameral legislature is when a State has two distinct law-making
Houses/chambers, Vidhan Sabha (Legislative Assembly) and Vidhan Parishad
(Legislative Council) to formulate laws or pass budgets.
• There are six Indian states at present that are bicameral in nature, which is Andhra
Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. Bicameral
Legislature, however, is not considered as effective as the unicameral legislature. The
Parliament can introduce or abolish this second chamber, in case the Legislative
Assembly of that state has passed a resolution into that effect by a special majority.
 A State Legislature that has one house/ chamber, known as Vidhan Sabha (Legislative
Assembly) is a unicameral legislature. The powers of both the central and states
governments are delegated, the centre deals with subjects of national importance such as
military and external affairs whereas the state government deals with matters of internal
security- such as local government, public health, infrastructure, land, agriculture etc.

Organization of a State Legislature

 Composition of the State Legislative Assembly (Vidhan Sabha)
• The State Legislative Assembly, is the lower house, 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 Legislative Assembly of States has the requisition that the members should not
be more than five hundred, and not less than sixty and
• Candidates are chosen by direct election from territorial constituencies in the State.

 Composition of the State Legislative Council

• The composition of the Legislative Council is given in Article 171 of the Indian
Constitution. The total members in the Legislative Council should not exceed one-
third of the total members in the state Legislative Assembly. The member in the
Legislative Council should not be less than 40 in any case.

• The composition of the Legislative Council can be further divided in the following
way:

• One-third of the members should be elected from the district boards, municipalities
and other local authorities which is specified by the Parliament according to law.

• 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.

• One-twelfth of the members would be elected by electorates comprising of state

university graduates of the standing of three years.

• One-third would be elected by members of the Legislative Assembly and none of

them should be a member of the Legislative Assembly.

• 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.

 Functions of High Court and Subordinate Courts

 • High Courts are the highest courts in a state. Articles 214 to 231 in the Indian
Constitution talk about the High Courts, their organization and powers. Presently,
there are 25 High Courts in India, with some states having a common High Court.
They are an important part of the judicial system in India.

 Composition of HC
• Each state has One High Court.
• The HC is headed by the Chief Justice of HC.
• He is assisted by other High Court Judges. ( If required, parliament can increase the
number of additional HC judges to clear pending cases.)
 Qualification
• Citizen of India
• Not more than 62 years of age
• Held a judicial office for at least 10 years Or Worked as an advocate in a HC (one,
two or more) for at least 10 years.
 Appointment of HC Judges
• Every judge of HC is appointed by the President in consultation with the Chief Justice
of SC and Governor of the concerned state.
• In case of appointment of other HC judges, it is done by the President in consultation
with the Chief Justice of SC, Chief Justice of that HC & Governor of that state
 Term of Office of HC Judge
• A judge of HC can hold office until he attains (reaches) the age of 62 years. (In case
of resignation, the HC judge needs to submit the letter to the President.)

 Powers of HC
 As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgments of the High Courts can be used by subordinate courts
for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or
institution.
 Administrative Powers
• It superintends and controls all the subordinate courts.
• It can ask for details of proceedings from subordinate courts.
• It issues rules regarding the working of the subordinate courts.
 • It can transfer any case from one court to another and can also transfer the case to
itself and decide the same.
• It can enquire into the records or other connected documents of any subordinate court.
• It can appoint its administration staff and determine their salaries and allowances, and
conditions of service.
 Power of Judicial Review
• High Courts have the power of judicial review. They have the power to declare any
law or ordinance unconstitutional if it is found to be against the Indian Constitution.

 Power of Certification
• A High Court alone can certify the cases fit for appeal before the Supreme Court.
• Jurisdiction of HC
 Original Jurisdiction (means the power to handle those cases which cannot be
moved in any other court other than HC i.e. in the first instance)
• The High Courts of Calcutta, Bombay and Madras have original jurisdiction in
criminal and civil cases arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled to hear civil
cases which involve property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in order to
enforce fundamental rights.
• With respect to other cases: All High Courts have original jurisdiction in cases that
are related to will, divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.(challenging the elections of
MP,MLA’s)
 Appellate Jurisdiction: ( It means the power to handle the cases on appeal against
the judgment delivered by any district courts or subordinate courts)
• In civil cases: an appeal can be made to the High Court against a district court’s
decision.
• An appeal can also be made from the subordinate court directly if the dispute involves
a value higher than Rs. 5000/- or on a question of fact or law.
• In criminal cases: it extends to cases decided by Sessions and Additional Sessions
Judges.
• If the sessions judge has awarded imprisonment for 7 years or more.
• If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.
• In constitutional cases: if the High Court certifies that a case involves a substantial
question of law.
 Supervisory Jurisdiction
• High court has the power of superintendence over all courts and tribunals within its
territorial jurisdiction except military courts or tribunals. It also has power to transfer
the cases from other subordinate courts in the state to itself.

Subordinate Courts
• Subordinate Courts are the courts that function at the district level and below.
• Every District has: a) Civil Court (District Judge) b) Criminal Court (Sessions Judge)
c) Courts of Revenue

Revenue Courts
• Revenue Courts deal with Cases of land revenue in the State.

• The highest revenue Court in the district is the Board of Revenue.

 • Under it are the Courts of Commissioners, Collectors, Tehsildar and Assistant
Tehsildars.

• The Board of Revenue hears the final appeals against all the lower revenue Courts
under it .

Lok Adalats- Meaning

• Lok Adalat means People’s Court.
• Lok Adalats were setup in 1897.

• It was set to provide legal help and quick justice to those who can’t afford expensive
fees of lawyers and expenses of legal proceedings.

• Decision of Lok Adalat is considered as the decision of a Civil Court.

• They are organised at convenient places like factories, farms, commercial complexes
and neighbourhood of litigants.

• Cases are handled informally involving both the parties and disputes are settled in a
spirit of harmony and compromise.
• Those cases that have not been handled by any other court are handled by Lok
Adalats.

 Working of Lok Adalats

• Judges, Law Graduates, Public Workers or Social Workers inform the litigants(a
person or organization that is involved in a case )about their rights and duties.

• The judges of Lok Adalats are actually Counsellors.

• These Adalats are assisted by Legal Aid Committees and Social Action Groups.
• The first Lok Adalat was held at Junagarh in Gujarat on March 14, 1982.

 Advantages of Lok Adalats

• Lok Adalats work in the spirit of harmony, compromise and understanding. Hence,
both the parties feel satisfied.
• Lok Adalats deliver fast and inexpensive justice.

• Lok Adalats reduce the workload of other courts, helping them to focus on more
serious matters. This reduces the delays in higher courts.

• Lok Adalats promote social justice by providing legal aid to weaker sections of
society.