1.

High Court and Supreme Court Judges

The provisions relating to the appointment of Judges, qualifications, types of transfers, salaries,
and removal for both High Courts (Article 217) and the Supreme Court (Article 124, 125, 126,
and 127).

High Court (Article 217):

1. Appointment of Judges:

 Presidential Appointment: Judges are appointed by the President of India

through a warrant under his hand and seal.

 Consultation Process: The President consults:

 The Chief Justice of India.

 The Governor of the concerned State.

 In the case of appointing a Judge other than the Chief Justice,

consultation with the Chief Justice of the respective High Court.

2. Term and Vacating Office:

 Term Limit: Judges hold office until they attain the age of sixty-two years.

 Resignation: Judges may resign by submitting a written resignation to the

President.

 Removal: Removal process aligns with clause (4) of Article 124, pertaining to the
removal of a Judge of the Supreme Court.

 Vacation by Appointment or Transfer: The office of a Judge is vacated if

appointed to the Supreme Court or transferred to another High Court within
India.

3. Qualifications for Appointment:

 Citizenship: Must be a citizen of India.

 Experience Requirement: The candidate must meet either of the following:

 Held a judicial office in the territory of India for at least ten years.

 Been an advocate of a High Court or of two or more such Courts in

succession for at least ten years.

4. Explanation of Experience Requirement:

  Detailed provisions for calculating the period of experience, including special
considerations for those who held judicial office or were advocates before the
commencement of the Constitution.

5. Age Determination:

 Any dispute about the age of a Judge is resolved by the President after
consulting the Chief Justice of India, and the President's decision is final.

6. Article 221: Salaries etc., of Judges:

 Salaries: Determined by Parliament.

 Allowances and Rights: Judges entitled to allowances, leave, and pension as

determined by Parliament or specified in the Second Schedule.

7. Article 223: Appointment of Acting Chief Justice:

 This addition introduces the provision for the appointment of an acting Chief
Justice when the incumbent Chief Justice is absent. This ensures the continuous
functioning of the judiciary even in the temporary absence of the Chief Justice,
preventing any administrative vacuum.

8. Article 224: Appointment of Additional and Acting Judges:

 Additional Judges: This provision allows for the appointment of additional Judges
based on workload, providing a practical solution for managing increased
caseloads efficiently.

 Acting Judges: The provision for appointing acting Judges in case of a Judge's
absence ensures the smooth continuation of court proceedings, maintaining
operational continuity.

9. Article 224A: Appointment of Retired Judges at Sittings of High Courts:

 This provision permits the Chief Justice to request a retired Judge to act
temporarily, with the President's consent. It acknowledges the valuable
experience and expertise of retired Judges, offering a strategic approach to
addressing workload challenges.

Supreme Court (Article 124, 125, 126, and 127):

1. Establishment and Composition (Article 124):

 Consists of a Chief Justice of India and, until otherwise prescribed by Parliament,

not more than seven other Judges.
2. Appointment of Judges (Article 124):

 Appointed by the President after consultation with relevant Judges of the

Supreme Court and High Courts.

 Term until the age of sixty-five.

 Chief Justice of India must be consulted in the appointment of Judges other than
the Chief Justice.

 Qualification options include being a High Court Judge for five years, an advocate
for ten years, or a distinguished jurist.

3. Removal of Judges (Article 124):

 Removal by the President after an address by both Houses of Parliament,

supported by a two-thirds majority, on grounds of misbehavior or incapacity.

 Parliament may regulate the removal procedure.

4. Oath or Affirmation (Article 124):

 Every appointed Judge must take an oath or affirmation before the President.

5. Restrictions After Office (Article 124):

 Former Judges cannot plead or act in any court or before any authority within
the territory of India.

6. Salaries, Privileges, and Allowances (Article 125):

 Salaries determined by Parliament.

 Privileges, allowances, leave, and pension rights as determined by Parliament or

specified in the Second Schedule.

7. Appointment of Acting Chief Justice (Article 126):

 In the absence or inability of the Chief Justice of India, another Judge appointed
by the President performs the duties of the Chief Justice.

8. Appointment of Ad Hoc Judges (Article 127):

 Chief Justice of India, with the President's consent, can request a qualified High
Court Judge to attend Supreme Court sittings temporarily in case of a lack of
quorum.

 The designated Judge has the same jurisdiction, powers, and privileges as a
regular Supreme Court Judge during the specified period.
In essence, these constitutional provisions establish a comprehensive framework for the
appointment, qualifications, transfers, salaries, and removal of Judges in both the High Courts
and the Supreme Court, emphasizing the significance of independence, integrity, and
competence in the judiciary.

2. Article 124 – 99th Amendment

The Ninety-ninth Amendment of the Constitution of India, which led to the enactment of The
Constitution (Ninety-ninth Amendment) Act, 2014, aimed to introduce the National Judicial
Appointments Commission (NJAC). The NJAC was intended to replace the existing Collegium
system for the appointment and transfer of judges in the higher judiciary, as outlined in Article
124 of the Constitution.

Here's how the amendment affected Article 124:

1. Composition of the Supreme Court (Article 124):

 The proposed NJAC would impact the existing process of appointment of Judges
to the Supreme Court.

 Instead of the President consulting the Chief Justice of India and other relevant
judges, as per the Collegium system, the NJAC would introduce a more diverse
composition, including the Chief Justice of India, two other senior Supreme Court
judges, the Union Minister of Law and Justice, and two eminent persons.

2. Appointment of Judges (Article 124):

 The NJAC was intended to play a role in the appointment of Judges to the
Supreme Court, altering the consultative process by involving a broader
spectrum of individuals.

3. Removal of Judges (Article 124):

 The amendment did not specifically address the provisions related to the
removal of Judges as outlined in Article 124. However, the changes in the
appointment process could indirectly impact the dynamics of the judiciary,
including any potential influence on the removal process.

It's important to note that the NJAC and the Ninety-ninth Amendment faced legal challenges,
and in 2015, the Supreme Court, in the case of Supreme Court Advocates-on-Record
Association vs. Union of India, declared the NJAC unconstitutional. The Court reinstated the
Collegium system, affirming the judiciary's role in the appointment and transfer of judges.
Consequently, the provisions of Article 124 reverted to the pre-amendment scenario, where
the Collegium system continued to guide the appointment of judges to the higher judiciary.
 3. Property, Contracts, Rights, Liabilities, Obligations and Suits (Articles 294 to 300)

Key provisions outlined in Chapter III of the Indian Constitution, which pertains to property,
contracts, rights, liabilities, obligations, and suits:

Article 294: Succession to Property, Assets, Rights, Liabilities, and Obligations in Certain Cases

1. Vesting of Property and Assets:

 Property and assets vested in His Majesty for the Dominion of India and
Governor's Provinces before the Constitution's commencement will now vest in
the Union and the corresponding State, respectively.

2. Rights, Liabilities, and Obligations:

 The rights, liabilities, and obligations of the Government of the Dominion of India
and Governor's Provinces will become the rights, liabilities, and obligations of
the Government of India and the Government of each corresponding State.

Article 295: Succession to Property, Assets, Rights, Liabilities, and Obligations in Other Cases

1. Vesting in the Union:

 Property and assets of Indian States specified in Part B of the First Schedule will
vest in the Union if their purposes align with matters in the Union List.

2. Transfer of Rights, Liabilities, and Obligations:

 Rights, liabilities, and obligations of the Government of Indian States will become
those of the Government of India if their purposes align with matters in the
Union List, subject to any agreements between the Union and the concerned
State.

3. State Succession:

 Each State specified in Part B of the First Schedule will succeed the
corresponding Indian State in terms of property, assets, rights, liabilities, and
obligations.

Article 296: Property Accruing by Escheat or Lapse or as Bona Vacantia

1. Property Accrual:

 Property in the territory of India accruing to His Majesty or an Indian State by

escheat, lapse, or as bona vacantia will vest in the State or the Union, depending
on the property's location.
 2. Exception for Property in Government Control:

 Property in the possession or control of the Government of India or a State at

the time of accrual will vest in the Union or that State based on the purpose for
which it was used.

Article 297: Things of Value within Territorial Waters or Continental Shelf and Resources of
the Exclusive Economic Zone to Vest in the Union

1. Vesting in the Union:

 All lands, minerals, and other valuable things underlying the ocean within
territorial waters, continental shelf, or exclusive economic zone of India shall
vest in the Union for Union-related purposes.

Article 298: Power to Carry on Trade, etc

1. Executive Power:

 The executive power of the Union and each State extends to carrying on trade or
business, acquiring, holding, and disposing of property, and making contracts.

2. Subject to Legislation:

 The executive power is subject to legislation by the State or Parliament,

depending on the subject matter.

Article 299: Contracts

1. Form of Contracts:

 Contracts made in the exercise of the executive power of the Union or a State
must be expressed to be made by the President or the Governor, respectively.

2. Execution of Contracts:

 Contracts and property assurances are executed on behalf of the President or

the Governor as directed or authorized.

3. No Personal Liability:

 The President, Governor, or individuals executing contracts are not personally

liable for contracts made for the constitutional or governmental purposes.

Article 300: Suits and Proceedings

1. Suing or Being Sued:

 The Union and State governments can sue or be sued in their respective names,
and they can sue or be sued in cases related to their affairs.
 2. Substitution in Legal Proceedings:

 The Union of India is substituted for the Dominion of India, and corresponding
States are substituted for Provinces or Indian States in legal proceedings pending
at the Constitution's commencement.

In essence, these provisions delineate the transition and distribution of property, assets, rights,
liabilities, and obligations between the Union and States, ensuring a smooth transfer of
governance and legal responsibilities as India adopted its new constitutional framework.

Official Language of the Union (Article 343-344):

Article 343 establishes Hindi in Devanagari script as the official language of the Union, with
English continuing for a transitional period. The President has the authority to authorize the use
of Hindi alongside English during this period. After fifteen years, Parliament can, by law, provide
for the use of English or Devanagari numerals for specified purposes.

Article 344 mandates the formation of a Commission to make recommendations on the use of
Hindi, restrictions on English, language for communication between the Union and States, form
of numerals, and other related matters. A committee, consisting of members elected from the
Houses of Parliament, examines these recommendations and reports to the President.

Official Language or Languages of a State (Article 345-346):

Article 345 empowers State Legislatures to adopt languages for official purposes. English's use
within a State continues until the Legislature specifies otherwise. Article 346 designates the
language authorized for Union purposes as the official language for communication between
States, but States can agree on Hindi for such communication.

Language to be Used in the Supreme Court and High Courts (Article 348):

Article 348 specifies English as the language for Supreme Court and High Court proceedings and
authoritative texts of bills, acts, ordinances, and orders. The Governor, with the President's
consent, may authorize the use of Hindi or any other state language in High Court proceedings.
Translations of State-prescribed languages into English are considered authoritative.

Special Procedure for Enactment of Language Laws (Article 349):

For fifteen years, no bill on language use can be introduced without the President's sanction,
considering Commission recommendations and Committee reports under Article 344.

Special Directives (Article 350-350B):

Article 350 emphasizes citizens' right to submit grievances in any Union or State language.
Article 350A directs states to provide primary education in the mother tongue for linguistic
minorities. Article 350B establishes a Special Officer for Linguistic Minorities, appointed by the
President, to report on safeguards.

Directive for Development of the Hindi Language (Article 351):

Article 351 tasks the Union with promoting Hindi, ensuring it reflects India's composite culture,
assimilating expressions from Hindustani and other languages in the Eighth Schedule, and
drawing vocabulary primarily from Sanskrit. This directive aims to enrich Hindi while respecting
linguistic diversity.

The central and state governments established various commissions and committees to
conduct comprehensive studies on Centre-State relations in India. These committees made
recommendations to the governments. Some of the recommendations were accepted, while
others were rejected.

4. Sarkaria Commission 1983

1. The Sarkaria Commission was constituted by the Central Government in 1983 to address
the concerns regarding State autonomy and recommend changes in the Centre-State
relationship.
2. The backdrop of its formation lies in the historical context of the agitation for State
autonomy.
3. The framers of the Indian Constitution, mindful of the potential forces of disruption,
assigned a predominant role to the Centre to ensure the unity and integrity of the
nation.
4. However, they also envisaged cooperative federalism.
5. Over the decades, the relationship between the Centre and the States has not always
been smooth, leading to the appointment of various commissions, including the
Administrative Reforms Commission, to regulate these relations.
6. The Sarkaria Commission, established in 1983, was tasked with examining and reviewing
existing arrangements between the Centre and the States across all spheres, aiming to
recommend appropriate changes and measures.

Recommendations:

 The Sarkaria Commission finally submitted its report in the year 1988.
 The Sarkaria Commission’s charter was to examine the relationship and balance of
power between state and central governments in the country and suggest changes
within the framework of the Constitution of India.
 Despite the large size of its reports – the Commission recommended, by and large,
status quo in the Centre-State relations, especially in the areas, relating to legislative
matters, the role of Governors, and the use of Article 356.

Sarkaria Commission's Recommendations on Article 356:

 1. Use sparingly and as a last resort: limited to political crisis, internal subversion, physical
breakdown, or non-compliance with constitutional directives.

2. Prior warning to the state before invocation.

3. Integral inclusion of material facts in the proclamation for effective parliamentary

control.

4. Governor's report as a 'speaking document,' to be widely publicized.

Significance and Impact:

1. Important in streamlining center-state relations.

2. Frequent reference in discussions and judiciary.

3. Establishment of Inter-State Council in 1990 based on its recommendation.

4. Not all recommendations implemented, leading to recurring tensions in federal

relations.

Sarkaria Commission's Recommendations on Legislative Matters:

1. Union involvement in concurrent subjects for uniform policy, leaving details for state
action within the framework of Union law.

2. States' views to be ascertained through inter-Governmental Councils when the Union

proposes legislation on a concurrent subject.

3. Legislation under Article 252, on request of two or more States, to be for a specific
period not exceeding three years, avoiding perpetuity.

4. Prompt presentation to Parliament of resolutions from states recommending the

creation or abolition of a Legislative Council.

5. The Administrative Reforms Commission 1966

Historical Background

 The administration is a body that ensures that services are delivered in a way that meets
the demands of citizens.
  The administrative system is very important to achieve the socio-economic
development of the country.

 The administration system is a dynamic process that requires constant reforms to keep
up with new innovations and correct flaws in existing systems.

 Administrative reform strives to establish and put into practice the necessary
adjustments for a government's administrative entities to effectively implement public
policies.

 The first administrative reform in India is the change from colonial rule and British law
to Democracy and the Republic of India.

 Many Commissions were set up since independence to suggest reforms in the

administrative mechanism.

There are two Administrative Reforms Commissions which are set up till now.

1. First Administrative Reforms Commission - 1966 Morarji R. Desai / K Hanumanthaiya

2. Second Administrative Reforms Commission - 2005 Veerappa Moily

The Administrative Reforms Commission (1966) made 22 recommendations to improve Centre-

State relations. It ruled out any constitutional amendment and considered the existing
provisions as sufficient to regulate federal tensions. The important recommendations are given
out of 22 recommendations in the following:

1. Establishment of an Inter-state Council under Article 263 of the constitution

2. Delegation of powers to the maximum extent to the states

3. Augmenting financial resources of the states through fiscal transfers from the centre

4. Appointment of non-partisan persons having long experience in public life and

administration as Governor of a state

Other Recommendations:

1. Article 370: Strong suggestion that it's not a transitory provision, made in response to
demands for its deletion in the interest of national integration.

2. Residuary Powers: Recommended that residuary powers of legislation on taxation

remain with Parliament, while other residuary matters be placed on the concurrent list.
 3. Enforcement of Union Laws: Emphasized that the enforcement of Union laws, especially
in the concurrent sphere, should be ensured through state machinery.

4. Consultations on Legislation: Proposed consultations with state governments

individually and collectively, through the proposed Inter-Governmental Council, for
uniformity on national policy without constitutional obligation.

5. Federalism Concept: Described federalism as a functional arrangement for cooperative

action rather than a static institutional concept.

6. Article 258: Advocated liberal use of Article 258, allowing the Union to confer powers on
states, for substantial realization of cooperative federalism and progressive
decentralization.

7. Permanent Inter-State Council: Strongly recommended the establishment of a

permanent Inter-State Council.

8. Concern for Backward Areas: Recommended that both the Centre and States should
focus on the development of backward territories, suggesting it as a means to control
separatist tendencies.

9. Resolution of Differences: Advocated mutual consultation to resolve differences

between the Union and the States.

10. Financial Resources: Took a favorable view of states' demand for more financial
resources and suggested economic liberalization and constitutional amendments to
improve Centre-State relations.

6. Rajmannar Commission, 1969

Historical Background

 In 1969, the Tamil Nadu Government (DMK) appointed a three-member committee,

chaired by Dr. P.V. Rajamannar, to investigate the entire issue of Centre-state relations.

 It wanted the committee to propose constitutional amendments to ensure the states'

maximum autonomy.

 In 1971, the committee delivered its report to the Tamil Nadu government.

Recommendations

The committee's key recommendations are as follows:

 An Inter-State Council should be formed immediately.

  The Finance Commission should be made permanent.

 The Planning Commission should be disbanded and replaced by a statutory body.

 Articles 356, 357, and 365 (concerning President's Rule) should be deleted entirely.

 The provision stating that the state ministry holds office at the pleasure of the governor
should be removed.

 Certain subjects from the Union List and the Concurrent List should be transferred to
the State List.

 Residuary powers should be devolved to the states.

 All-India services such as IAS, IPS, and IFS should be phased out.

Conclusion

The Committee identified the causes of the country's current unitary trends (centralization
tendencies). They are as follows:

 certain constitutional provisions conferring special powers on the Centre;

 one-party rule both at the Centre and in the states;

 inadequacy of state fiscal resources and consequent reliance on the Centre for financial
assistance; and

 the institution of Central planning and the role of the Planning Commission.

7. Punchhi Commission Report 2007

Historical Background

 The Government of India constituted a Commission on Centre-State Relations under

the chairmanship of Justice Madan Mohan Punchhi.

 Aim: To examined and reviewed the working of the existing arrangements between the
Union and States, various pronouncements of the Courts in regard to powers, functions
and responsibilities in all spheres including legislative relations, administrative relations,
role of governors, emergency provisions, financial relations, economic and social
 planning, Panchayati Raj institutions, sharing of resources including inter-state river
water etc."

 It was established on 27th of April, 2007.

Highlights

 To investigate what role, duty, and authority the Centre might have during major and
long-term outbreaks of communal violence, caste violence, or other social disputes.

 Other facets of the Centre-State relationship, such as taxes and river connections, will
be examined.

 Examine whether a central law enforcement agency is required to conduct suo motu
investigations into crimes with inter-State or worldwide ramifications that pose a
serious threat to national security.

 To investigate the necessity and utility of distinct taxes for facilitating interstate trade
and creating a unified domestic market.

 To promote the concept of independent planning and budgeting at the district level
and linking Central assistance of various kinds with the performance of the States.

 To study the feasibility of supporting legislation under Article 355.

 To investigate the Centre's role, responsibility, and authority in promoting successful

devolution of powers and autonomy to Panchayati Raj institutions and local bodies in
relation to the States.

Recommendation Of Punchhi Commission In The Terms Of Reference Of The Finance

Commission

 Considerations specified in the terms of reference of the Finance Commission should be

even handled as between the Centre and the States. There should be an effective
mechanism to involve the States in the finalization of the terms of reference of the
Finance Commissions.

 It was concerned about the increase in the revenue collected through cesses and
surcharges. It recommended that the Central Government should review all the existing
cesses and surcharges with a view to bringing down their share in the gross tax revenue.

 Because of the close linkages between the plan and non-plan expenditure, an Expert
Committee may be appointed to look into the issue of distinction between the plan
and non-plan expenditure.

 There should be much better coordination between the Finance Commission and the
Planning Commission. The synchronization of the periods covered by the Finance
Commission and the five-year plan will considerably improve such coordination. The
 Punchhi Commission recommended that another attempt be made to synchronize the
periods.

 The 12th Finance Commission recommended that the Finance Commission Division in
the Ministry of Finance should be converted into a full-fledged department, serving as
the permanent secretariat for the Finance Commissions. The Punchhi Commission
endorsed this recommendation of the 12th Finance Commission.

Commission On Governor

 He should be from outside the State and a detached figure not too connected with the
local politics of the State. He should be a person who has not taken an active part in
politics, generally and particularly in the recent past at least two years prior to his
appointment.

 He must be appointed after consultation with the Chief Minister of the State
concerned.

 A committee should be formed that is entrusted with the task of appointment of

Governors. This committee may comprise the Prime Minister, the Home Minister, the
Lok Sabha's Speaker and the concerned Chief Minister of the State.

 Deletion of the Doctrine of Pleasure from the Constitution.

 His tenure of office must be guaranteed and should not be disturbed except extremely
compelling reasons and if any action is to be taken against him. He must be given
a reasonable opportunity for showing cause against the grounds on which he is sought
to be removed. In case of such termination or resignation by the Governor, the
Government should lay before both the Houses of Parliament a statement explaining
the circumstances leading to such removal or resignation, as the case may be.

 Recommendation of provision for the Governor's impeachment by State Legislature.

Other Major Recommendation Of Punchhi Commission

1. In the context of Article 355 and Article 356

 The report also advised that Article 355 and Article 356 of the Constitution
should be amended. The recommendation seeks to protect States' interest by
curbing the centre's misuse of powers.
 It specified that the Centre should rather than bring the whole state under
emergency, bring only the troubled area under its jurisdiction. The time period of
an emergency should be more than three months.
2. In the context of Communal Violence Bill
 As per the Commission's recommendation, there should be an amendment
in the Communal Violence Bill, as per which the Centre will have the right to
deploy its forces in the State without the consent of the State for a limited
period of time.
  Such deployment of forces can last only for a week and after that week 'post-
facto' consent should be taken from the state.
3. In the context of Concurrent List
 The Commission recommended that the States should be consulted through the
inter-state council before bills are introduced on matters that fall in the
concurrent list.
4. In the context of National Integration Council
 It recommended the creation of a superseding structure for matters relating to
internal security. This structure could be known as the National Integration
Council'.
 Further it recommended that this council should have at least one annual
meeting and that a five member delegation of the Council must, within a period
of two days, visit any communally affected area.
5. In the context of President Pocket Veto Power
 A provision should be made according to which the President's decision to
exercise his Pocket Veto Power is communicated within a period of six months to
the respective State.
6. In the context of Union’s Treaty making Power
 According to the commission's recommendations, the union's treaty-making
power should be limited to treaties involving topics on the State list. States will
have more representation in their internal affairs this way. The Commission
determined that nations should be more involved in treaties that are drafted in
response to their concerns. This will ensure that the many levels of government
can coexist peacefully.

The Punchhi Commission provided guidelines for Governors in choosing a Chief Minister:

1. Widest Support: The Governor should call upon the party or combination with the
broadest support in the Legislative Assembly to form the government.

2. Single Party Majority: If a single party has an absolute majority, its leader should
automatically be asked to become the Chief Minister.

3. Coalition Preferences: If no single party has a majority, the Governor should consider in
order:

 An alliance formed before the elections.

 The largest single party seeking government formation with external support,
including independents.

 A post-election coalition with all partners in the government.

 A post-election alliance with some parties forming the government and others,
including independents, supporting from outside.
Conclusion

The M.M. Punchhi Commission has produced an insightful report with excellent proposals for
seamless coordination and cooperation between the union government and state
governments. Some of the proposals, such as having the governor come from outside the state,
have been implemented. These recommendations should be implemented with a proper
framework to extract the most benefit we can out of them.

Module 06

Article 307

It restricted the Parliament’s legislative powers with respect to the state of J&K

 Under Article 370 of the Constitution of India, the President had the power of
issuing orders for the application of provisions of the Constitution of India with
modifications, exceptions and amendments in the provisions. And this power has
been upheld in several cases by the Supreme Court, e.g., in
P. L. Lakhanpal vs the State of J&K
 The President had the authority to issue orders for the application of provisions
of the Constitution of India to the state of Jammu and Kashmir with
modifications, exceptions, and amendments.
 This provision allowed for a special status for Jammu and Kashmir, granting it
autonomy in various matters.

 The Supreme Court's ruling in the case of P. L. Lakhanpal vs the State of J&K
affirmed the President's power to modify the application of the Indian
Constitution in the context of Jammu and Kashmir.
 effectively abrogated on August 5, 2019.