UNIT – II

Union Executive &

State Executive
By
Dr. Vivek Srivastava
Three Pillars
1. Legislature
of Union Government:
2. Executive
3. Judiciary
• Legislature is formed by representatives.
• Executive is formed by the appointment process of the
representatives.
• Judiciary has own process.
• Function of legislature is to make the law or policy
• Function of Executives is to execute the law or policies
provided by the legislature.
• Function of judiciary is to resolve the issues.
PARLIAMENT
What is parl iament?
Parliament is a place where representatives of citizens sit together to
discuss a problem, making policies or enacting a law and related works.
The term parliament has been taken from France but parliamentary
system has been taken from Britain.
3 Pa s of Parliament of India. ….. LS+RS+President
Powers of parli
1. Legislative power
ament of India:
2. Executive power
3. Financial power
4. Judicial Power
5. Electoral Power
6. Constituent Power
Legislative power:
Law is made by the parliament. To make a law, the first step is to bring a bill (proposal) in
either house of the parliament. In case, bill is passed from both the houses by 2/3
members, it is sent to the President. With the assent of President, the bill becomes an ACT.
Who does present the bill?
The legislative process begins with the introduction of a bill in either house of Parliament,
i.e. the Lok Sabha or the Rajya Sabha. A bill can be introduced either by a minister or by a
private member. In the former case it is known as a government bill and in the lat ter case
it is known as a private member's bill.
* Private member (MP) is one who is other than member of cabinet.

Difference between a bill and an ordinance

In simple words, a bill is a predecessor of an act which becomes one af ter it get assent by
the President whereas ordinance is a temporary law that are valid only for six months.
Executive Power:
Prime minister and council of minister execute the law enacted by the parliament.
They are accountable to the President of India at central level and Governor of
the state at state level.
Financial Power:
Parliament enjoys supreme authority in financial ma er. It includes enactment of
budget, examining the financial spending through financial commi ee.
Judicial Power:
• Impeachment of the president for the violation of the constitution
• Removal of Vice-President
• Removal of judges of SC and HC.
• Can punish its members or outsiders for breach of privileges.
Electoral Power:
• President, Vice-President, Speaker and Deputy Chairman.
Constituent Power:
• Initiate a proposal for the amendment of the constitution.
• To impose emergency and create or abolish the state legislature.
Powers of Rajya Sabha
1. Legislative Power
2. Financial Power
3. Executive Power
4. Amendment Power
5. Electoral Power: election of President, Vice President & Deputy chairman.
6. Judicial Power
7. Special Power:
• To declare a subject of state list to a subject of national impo ance.
•Creation or abolition of an all India service.
8. Comparison:
Britain ( House of Lords) – RS is powe ul
US (Senate) – RS is weak.
Lok Sabha
• Lower house
• No. of seat is 545.
• 543 seats are by direct franchise, 2 seats are nominated by the president
(Anglo Indian).
• Normal term is 5 years.
• It can be dissolved any time by the President on advice of the Prime
Minister.
• Provision of 3 sessions in a year.
• There can be max. gap of 6 months between two sessions.
• Quorum….
Powers of Lok Sabha
Same as Parliament.
President of India
PRESIDENT OF INDIA
• He is head of the state and 1st citizen.
• He is head of executive council.
ELIGIBILITY:
35 years of the age + eligibility of LS
ELECTION PROCESS:
• There is indirect election.
• LS + RS + Legislative assembly of the state.
• Value of MLA Vote is decided with the help of formula:
PRESIDENT OF INDIA
• Value of MP vote

• Total Value of MP vote = 708 x 776 = 5,49,408

TERM:
• 5 years
• A president can be re-elected and there is no cap on re-election.
• Any dispute related to the election is taken up by supreme cou .
• CJI administers the oath for president.
Functions of the President
Executive Functions
Head of the Union
Appointments
Appointment of the Prime Minister and other Ministers
Can ask to prove Majority in Lok Sabha
Supreme Commander
Legislative Powers and Functions
President is a pa of Parliament
Summons and Addresses Parliament
Nomination
Power in respect of Bills
Bill passed by a State Legislature
• Power to Promulgate Ordinances
• Financial Powers and Functions
• Emergency Powers of the President
The constitution of India empowers the President to proclaim three
kinds ofemergencies:
1. National Emergency (A . 352);
2. Emergency for failure of Constitutional Machinery in a State (A . 356)
3. Financial Emergency (A . 360)
• Diplomatic powers
• Military powers
• Pardoning Powers / Judicial Powers
President of INDIA Vs. US
• Manner of election
• Head of the State
• Term of office
• Responsibility to Legislature
• Removal process
• Emergency powers
• Veto power
• Pocket veto
• State bills
• Dissolving the legislature
PRIME MINISTER
• Real executive authority vests with the Prime Minister.
• Prime Minister is the head of the government while President is the
head of the state.
• Prime Minister is the leader of the cabinet.
Eligibility:
• Be a citizen of India.
• Be a member of either the LS or the RS.
• Should complete an age of 25 years in the case of LS or 30 years in
the case of RS.
Term:
• 5 years is the full term.
• There is no official retirement age.
Powers and Function of Prime Minister
Concerning the council of ministers:
• Recommends the name for appointment of ministers.
• Allocates the po folio among the ministers.
• He can ask a minister to resign or advice president to dismiss a
minister if there is difference of opinion.
• He presides the meeting of council of ministers.
• He guides, directs, controls and coordinates the activities of all
ministers.
• He can bring about the collapse of the council of ministers by
resigning from the office.
Concerning the President:
• He is principal channel of communication between the President and
council of ministers.
• He advises the President concerning the appointment of impo ant
officials like a orney general of India, CAG, chairman and members
of UPSC, election commissioners etc.
Concerning Parliament:
• he advises the President about summoning and proroguing of the
session of the parliament.
• He can recommend the dissolution of the LS to President at any time.
• He announces government policies on the floor of the house.
Other powers and functions:
• He is chairman of:
NITI aayog, National Development Council, National Integration
Council, Inter-State Council and National Water Resources
Council.
• Foreign policies.
• Chief spokesman of Union government.
• He is crisis manager.
• He is leader of the nation.
• He is the political head of the services. Thus, the Prime Minister plays
a very significant and highly crucial role in the politico-administrative
system of the country. Dr. B R Ambedkar stated, ‘If any functionary
under our constitution is to be compared with the US president, he is
the Prime Minister and not the president of the Union’.
JUDICIARY
The independence of the Supreme Cou
• SC is the highest cou of appeal.
• It is guarantor of the fundamental rights.
Hence, it becomes mandatory to be independent. There has been
provisions to safeguard and to ensure the independence:
• Mode of appointment.
• Security of tenure.
• Fixed service conditions.
• Expenses charged on the consolidated fund.
• Conduct of judges cannot be discussed.
• Ban on practice a er retirement.
The independence of the Supreme Cou Continued …..
• Power to punish for its contempt.
• Freedom to appoint its staff.
• It jurisdiction cannot be cu ailed.
• Separation from executive.
Appointment of Judges:
Recent News:
• Recently, the Supreme Cou (SC) Collegium, led by Chief Justice of India
(CJI) has recommended to the government nine names for appointment
as SC judges.
• The Collegium has for the first time, in one single resolution,
recommended three women judges.
• It has thus sent a strong signal in favour of representation of women in
the highest judiciary.
What is Collegium System:
• It is the system of appointment and transfer of judges that has evolved
through judgments of the SC, and not by an Act of Parliament or by a
provision of the Constitution.
• The SC collegium is headed by the CJI and comprises four other senior
most judges of the cou .
• A HC collegium is led by its Chief Justice and four other senior most
Evolution of collegium System:
First Judges Case (1981):
• It declared that the “primacy” of the CJIs recommendation on judicial
appointments and transfers can be refused for “cogent reasons.”
• The ruling gave the Executive primacy over the Judiciary in judicial
appointments for the next 12 years.
Second Judges Case (1993):
• SC introduced the Collegium system, holding that “consultation”
really meant “concurrence”.
• It added that it was not the CJI’s individual opinion, but an
institutional opinion formed in consultation with the two senior-most
judges in the SC.
Third Judges Case (1998):
• SC on President’s reference (Ar ticle 143) expanded the Collegium to a
five-member body, comprising the CJI and four of his senior-most
colleagues.
Procedure
For CJI:
for Various Judicial Appointments:
• The President of India appoints the CJI and the other SC judges.
• As far as the CJI is concerned, the outgoing CJI recommends his successor.
• In practice, it has been strictly by seniority.
• Two cases are there when seniority was superseding: A.N. Ray (1973), M.H.
Beg (1975).
• For SC Judges:
• For other judges of the SC, the proposal is initiated by the CJI.
• The CJI consults the rest of the Collegium members, as well as the senior-
most judge of the cour thailing from the High Cour tto which the
recommended person belongs.
• The consultees must record their opinions in writing and it should form
pa of the file.
• The Collegium sends the recommendation to the Law Minister, who
forwards it to the Prime Minister to advise the President.
• The government’s role is limited to get ting an inquiry conducted by the
Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High
Cou or the Supreme Cou .
Procedure for Various Judicial Appointments Contd….
For Chief Justice of High Cou s:
• The Chief Justice of the High Cou is appointed as per the policy of having
Chief Justices from outside the respective States.
• The Collegium takes the call on the elevation.
• High Cou judges are recommended by a Collegium comprising the CJI
and two senior-most judges.
• The proposal, however, is initiated by the outgoing Chief Justice of the High
Cou concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the
Governor to send the proposal to the Union Law Minister.
Qualification for Supreme Cou Judge
• He should be a citizen of India.
• He should have been a judge of a High Cou (or high cou s in succession)
for five years; or
• He should have been an advocate of a High Cou (or High Cou s in
succession) for ten years; or
• He should be a distinguished jurist in the opinion of the president.
Qualification for High Cou Judge
• A person to be appointed as a judge of a high cour t, should be a citizen of
India.
• He should have held a judicial office in the territory of India for ten years or
• should have been an advocate of high cou (s) for ten years.
• There is no minimum age fixed for high Cour tjudges, and unlike in Supreme
Criticism of the Collegium System:
• Opaqueness and a lack of transparency.
• Scope for nepotism.
• Embroilment in public controversies.
• Overlooks several talented junior judges and advocates.
A empts to reform the Appointment System:
• The at tempt made to replace it by a ‘National Judicial Appointments
Commission’ (through Ninety-ninth Amendment Act, 2014) was struck
down by the cour tin 2015 on the ground that it posed a threat to the
independence of the judiciary.
Judicial Review
• Originated and developed by USA in early 19th century.
• In India constitution itself confers the power of judicial review (both SC & HC)
• SC has declared it as basic feature of the constitution. Hence the power of
judicial review cannot be cur tailed or excluded even by the constitutional
amendments.
• It the power of examining the constitutionality of legislative enactment and
executive orders of both the central and state government.
• It has following three categories:
(i) JR of constitutional amendments.
(ii) JR of legislature of the parliament and state legislature.
(iii) JR of administrative action of union and state.
eg: Golaknath vs State of Punjab, Privy purses abolition case.
Need for Judicial Review
• To uphold the principle of supremacy of the constitution.
• To maintain federal equilibrium (balance between the union and states)
• To protect the fundamental rights of the citizens.
Judicial Activism
an approach to the exercise of judicial review, or a description of a par ticular
judicial decision, in which a judge is generally considered more willing to decide
constitutional issues and to invalidate legislative or executive actions.
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.
• There are provisions in the constitution itself for the judiciary to adopt a
proactive role.
• According to exper ts, the shif tfrom locus standi to public interest litigation
made the judicial process more pa icipatory and democratic.
• Judicial activism counters the opinion that the judiciary is a mere spectator.
• Example: Golaknath case, Keshvanand Bha i case.
Public Interest Litigation:
• means litigation filed in a cour tof law, for the protection of “Public Interest”,
such as Pollution, Terrorism, Road safety, Constructional hazards etc.
• Any mat te r where the interest of public at large is affected can be
redressed by filing a Public Interest Litigation in a cou of law.
• the petition can be filed under Ar ticle 226 before a High Cour tor under
A icle 32 before the Supreme Cou of India.
Steps to be taken for filing a Writ Petition / PIL:
• Any citizen of India can file the petition.
• It can be filed with or without the lawyer.
• Collect necessary documents such as title deeds, proof of residence, identity
proof, notice, rese lement policy if any, and photographs of the eviction.
Public Interest Litigation Continued ….
• List names and addresses of all aggrieved pa ies approaching the cou .
• List names and addresses of government agencies from which relief is sought.
• List facts giving rise to violations of Fundamental Rights.
• Clearly mention the 'prayers' or the relief being sought from the cou .
Discussion: Nutan Thakur w/o Amithabh Thakur (IPS) case.
Significance of Public Interest Litigation (PIL) in India
• The original purpose of PILs has been to make justice accessible to the poor and the
marginalized.
• It is an impo ant tool to make human rights reach those who have been denied rights.
• It democratises the access of justice to all. Any citizen/agency who is capable can file
petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicially monitoring state institutions like prisons, asylums, protective homes,
etc.
• It is an impo ant tool in judicial review.
Functions of High Cou :
1. It superintends and controls all the subordinate cou s.
2.It can ask for details of proceedings from subordinate cou s.
3.It issues rules regarding the working of the subordinate cou s.
4. It can transfer any case from one cour tto another and can also transfer the
case to itself and decide the same.
5. It can enquire into the records or other connected documents of any
subordinate cou .
6. It can appoint its administration staff and determine their salaries and
allowances, and conditions of service.
7.Protection of Fundamental Right.
8. Judicial Review.
 LOKPAL AND LOKAYUKTA
• The Lokpal and Lokayukta Act, 2013 mandated for establishment of Lokpal at
union level and Lokayukta at the state level.
• These are statutory bodies but do not have any constitutional status.
• They work as Ombudsman.
Need of Lokpal and Lokayuka:
• Maladministration is like a termite which slowly erodes the foundation of a
nation and hinders administration from completing its task. Corruption is the
root cause of this problem.
• Most of the anti-corruption agencies are hardly independent. Even Supreme
Cou has been termed CBI as a “caged parrot” and “its master’s voice”.
• Many of these agencies are advisory bodies without any effective powers and
their advice is rarely followed.
 LOKPAL AND LOKAYUKTA Contd…
Need of Lokpal and Lokayuka Contd…
• There is also the problem of internal transparency and accountability. Moreover,
there is not any separate and effective mechanism to put checks on these
agencies.
• In this context, an independent institution of Lokpal has been a landmark move
in the history of Indian polity which offered a solution to the never-ending
menace of corruption.
 LOKPAL AND LOKAYUKTA Contd…
Lokpal and Lokayukta Act, 2013:
• commonly known as The Lokpal Act,
• It is an anti-corruption Act of Indian Parliament in India which "seeks to provide
for the establishment of the institution of Lokpal.
• It inquire into allegations of corruption against cer tain impor tant public
functionaries including the Prime Minister, cabinet ministers, members of
parliament, Group A officials of the Central Government and for mat ters
connecting them.
• The Bill was tabled in the Lok Sabha on 22 December 2011 and was passed by
the House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was
subsequently tabled in the Rajya Sabha on 29 December. Af ter a marathon
debate that stretched until midnight of the following day, the vote failed to
take place for lack of time. On 21 May 2012, it was referred to a Select
Commit tee of the Rajya Sabha for consideration. It was passed in the Rajya
Sabha on 17 December 2013 af ter making cer tain amendments to the earlier
Bill and in the Lok Sabha the next day.It received assent from President Pranab
Mukherjee on 1 January 2014 and came into force from 16 January.
 LOKPAL AND LOKAYUKTA Contd…
Structure of Lokpal
• Lokpal is a multi-member body, that consists of one chairperson and a maximum
of 8 members.
• Chairperson of the Lokpal should be either the former Chief Justice of India or the
former Judge of Supreme Cour tor an eminent person with impeccable integrity
and outstanding ability, having special knowledge and exper tise of minimum 25
years in the mat te rs relating to anti-corruption policy, public administration,
vigilance, finance including insurance and banking, law and management.
• Out of the maximum eight members, half will be judicial members and minimum
50% of the Members will be from SC/ ST/ OBC/ Minorities and women.
• The judicial member of the Lokpal either a former Judge of the Supreme Cour tor
a former Chief Justice of a High Cou .
 LOKPAL AND LOKAYUKTA Contd…
Structure of Lokpal Contd…
• The non-judicial member should be an eminent person with impeccable integrity
and outstanding ability, having special knowledge and exper tise of minimum 25
years in the mat te rs relating to anti-corruption policy, public administration,
vigilance, finance including insurance and banking, law and management.
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70
years.
• The members are appointed by the president on the recommendation of a
Selection Commi ee.
• The selection commi ee is composed of the Prime Minister who is the Chairperson;
Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or
a Judge nominated by him/her and One eminent jurist.
• For selecting the chairperson and the members, the selection commit te e
constitutes a search panel of at least eight persons.
 LOKPAL AND LOKAYUKTA Contd…
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.
• Jurisdiction of the Lokpal included the Prime Minister except on allegations of
corruption relating to international relations, security, the public order, atomic
energy and space.
• The Lokpal does not have jurisdiction over Ministers and MPs in the mat ter of
anything said in Parliament or a vote given there.
• Its jurisdiction also includes any person who is or has been in charge (director/
manager/ secretary) of anybody/ society set up by central act or any other
body financed/ controlled by central government and any other person
involved in act of abe ing, bribe giving or bribe taking.
 LOKPAL AND LOKAYUKTA Contd…
Lokpal Jurisdiction and Powers
• The Lokpal Act mandates that all public officials should furnish the assets and
liabilities of themselves as well as their respective dependents.
• It has 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 cou .
• Lokpal has powers of confiscation of assets, proceeds, receipts and benefits
arisen or procured by means of corruption in special circumstances.
• Lokpal has the power to recommend transfer or suspension of public servant
connected with allegation of corruption.
• Lokpal has the power to give directions to prevent the destruction of records
during the preliminary inquiry.
 SOURCES OF LAW:
1. Constituent Assembly
2. Parliament
3. Judicial Precedent
4. Common Law or Case Law
5. Customs
 CONSTITUENT ASSEMBLY:
• Constituent Assembly was a Sovereign Body which was formed to dra the
Constitution of India.
Sovereign - Independent
• The Idea for the Constituent Assembly was proposed by M.N Roy in 1934,
from then Indian National Congress made it it’s official demand in 1935.
• English Government first accepted the demand for Constituent Assembly
for India in August, 1940. Also k/a August Offer.
• In 1942 Cripps Mission came in India – suggested that independent
constitution was to be adopted af te r World War provided by the
constituent assembly. This proposal was rejected by Muslim League and
demanded two constituent assembly for two different states.
• Finally, in 1946 Cabinet Mission came and suggested the formation of one
constituent assembly. It provided the scheme for constituent assembly.
 CONSTITUENT ASSEMBLY CONTINUED…
Schemes of Cabinet mission:
• The membership of Constituent Assembly initially was 389. Out of 389
members, 296 seats were for British India and 93 seats for Princely States.
Princely States – States of British Emperor but ruled by Indians.
• Number of Seats was allot ted on basis of Population. It was roughly 1
seats for every 1 million Population.
• Representative of each Principal Communities were to be taken in
consideration for the allotment of seats in Constituent Assembly.
• The representative of Princely States were to be Nominated by the heads
of the Princely States.
• With the Par ti tion of Pakistan, Muslim League withdrew from the
Constituent Assembly of India, effective number of Members came down
to 299.
 CONSTITUENT ASSEMBLY CONTINUED…
• There were 8 major commit tee and 13 minor commit tee in constituent
assembly.
• Dr. B R Ambedkar was the chairman of draf ting commit tee. It had six
other members.
• The draf ting commit tee, af ter taking into consideration the proposal of
the various commit tees, prepared the first draf tof the constitution of
India, which was published in Feb, 1948.
• A er 8 months of discussion the second dra was published in Oct, 1948.
• There were three readings af ter second draf t- Nov 4, 1948; Oct 17, 1949
and November 14, 1949.
• The draf twas finally passed and adopted on Nov 26, 1949. It contained a
Preamble, 395 A icles and 8 Schedules.
• It came into force on Jan 26, 1950.
 PARLIAMENT as a source of Law
• Process sta s with the introduction of bill.
• Bills can be classified into four categories:
1. Ordinary bill (other than financial ma er)
2. Money bill (concerned with financial ma ers like taxation, public
expenditure etc.). Money bill is defined by A icle 110 of constitution.
3. Financial bill – defined by A icle 117 (1) & 117 (3).
4. Amendment bill
• A bill can be introduced by –
1. By Ministers – then it is k/a public bill or government bill.
2. By MPs other than ministers – then it is k/a private bill or private
member’s bill.
 PARLIAMENT as a source of Law Continued….
• Bill is passed with a majority from both the houses of the parliament,
then, goes to the President.
• With the consent of President a bill becomes the law.
• Majority is of four types-
1. Simple majority More than 50% of members present and voting. e.g.
money bill, election of speaker and deputy speaker.
2. Absolute More than 50% of total strength of the house. e.g
majority abolition of council of states.
3. Effective More than 50% of total strength where total strength is
majority calculated by subtracting the vacant seats. e.g. removal
of speaker and deputy speaker.
 PARLIAMENT as a source of Law Continued….
4. Special a) A icle 249
majority This refers to a majority of 2/3rd members present
and voting. e.g. Parliament to make laws in the State
List.
b) A icle 368
This refers to a majority of 2/3rd members present
and voting suppo ed by over 50% of the total
strength of the House. e.g. Constitution Amendment
Bills.
c) Special Majority according to A icle 368 + 50
percent state ratification by a simple majority
e.g. GST bill
 JUDICIAL PRECEDENT as a source of Law
• judicial precedent refers to previously decided judgments of the superior
cour ts, such as the High Cour ts and the Supreme Cour t, which judges are
bound to follow.
• This binding character of the previously decided cases is impor ta nt,
considering the hierarchy of the cour ts established by the legal systems of a
pa icular country.
• e.g.: Vishakha and others vs. State of Rajasthan (1997),
People’s union for civil libe ies (PUCL) vs. union of India (2001).
 JUDICIAL PRECEDENT as a source of Law Continued….
Vishakha and others vs. State of Rajasthan (1997)
It is regarded as one of the landmark cases in India because this case was the first of its
kind to provide safety for women at their work places.
• The roots of the case are a ached to Ms. Bhanwari devi who was a social worker and was
brutally gang raped, as she opposed a child marriage. Though she filed a case she was
unable to get a justice. Bhanwari Devi's determination at tracted many women and NGOs
to file a public interest litigation (PIL) collectively under the plat form of Vishakha for the
violations of ar ticle 14,15,19(1)(g) and 21. The judgment given by the bench of J.S Verma,
Sujata Manohar and B.N Kripal laid down the Vishakha guidelines to protect women
against sexual harassment at work place, later in 2013 it was transformed into a the sexual
 JUDICIAL PRECEDENT as a source of Law Continued….
People’s union for civil libe ies (PUCL) vs. union of India (2001).
This case made India the first nation to protect right to food under its
constitution. The case deals with providing food to the starving population
through effective Public Distribution System (PDS). Outside the city of Jaipur the
go-downs of food corporation of India (FCI) were over flowing, the Government
had 40 million tonnes above the buffer stock while nearby villagers were eating
food on rotational basis, which lead the PUCL of Rajasthan to file a case and the
judgment introduced various acts like mid-day meals, Annapurna scheme and
many more to protect the people below pover ty line and provide food to them
 CASE LAW OR COMMON LAW as a source of Law
Difference between Judicial precedent & Case law:
Case law is considered when there is conflict between two non government
body. While Judicial precedent is considered when one pa y is Government.
e.g.: A case of Gauri Du Vs Lalman.
 CUSTOMS as a source of Law
Some times customs are conve ed into law. e.g. Hindu Marriage act, 1955.
Essentials of a valid custom:
1. Antiquity
2. Continuous
3. Exercised as a ma er of right
4. Reasonableness (justice and public utility)
5. Morality: Bombay High Cour tin the case of Mathura Naikon v. Esu
Naekin, ((1880) ILR 4 Bom 545) held that, the custom of adopting a girl
for immoral purposes is illegal.
6. Status with regard to: There should not be contradiction with existing
law.