CONSTITUTION OF

INDIA
UNIT-2
• MODULE-2 : UNION EXECUTIVE AND STATE EXECUTIVE

Powers of Indian Parliament Functions of Rajya Sabha, Functions of Lok Sabha,

Powers and Functions of the President, Comparison of powers of Indian President
with United States, Powers and Functions of the Prime Minister, Judiciary- The
Independence of Supreme Court, Appointment of Judges, Judicial Review, Public
Interest Litigation, Judicial Activism, Lokpal, Lok Ayukta, The Lokpal and Lok
Ayukta’s Act 2013, State Executives- Powers and Functions of Governor, Powers
and Functions of the Chief Minister, Functions of State Cabinet, Functions of State
Legislature, Functions of High Court and Subordinate Courts.
 POWERS OF INDIAN PARLIAMENT
Introduction to Parliamentary system of government
• Represents a democratic form of government in which the party(or coalition) with
the greatest representation in the parliament(legislature) forms the government.
• Its leader becomes the PM and can be removed from power whenever he or she
loses the confidence of a majority of the ruling party or of the parliament.
• In this system laws are made by majority vote of the Legislature and signed by the
head of the state, who does not have an effective veto power.
• Directly responsive through the electoral process. Members may hold their
positions during the established period between regularly scheduled elections.
• All the legislative powers of the federal Government are vested in the Parliament.
The laws framed by the Indian Parliament are enforced in the whole of the country.
The Parliament of India is a bi-cameral legislature. It consists of two houses- Rajya
Sabha, Lok Sabha and President of India.
 POWERS OF INDIAN PARLIAMENT
Introduction to Parliamentary system of government

• Its powers and functions can be classified in to following heads:

(1) Legislative powers
(2) Executive powers
(3) Financial powers
(4) Constituent powers
(5) Judicial powers
(6) Electoral powers
 POWERS OF INDIAN PARLIAMENT
Introduction to Parliamentary system of government
• Legislative powers: All the subjects in our constitution are divided among state,
union and concurrent lists. In concurrent list Parliamentary law is over riding than
state legislative law. Constitution also have powers to make law with respect to
state legislature.
• Executive powers: According to parliamentary form of government executive is
responsible to the parliament for its acts and policies. Hence parliament exercises
control by various measures like committees, question hour, zero hour etc.
ministers are collectively responsible to the Parliament.
• Financial powers: It includes enactment of budget, scrutinizing the performance
of government with respect of financial spending through financial committees (post
budgetary control).
• Executive cannot spend any money without parliament’s approval. No
tax can be imposed without the authority of law.
 POWERS OF INDIAN PARLIAMENT
Introduction to Parliamentary system of government
• Constituent Powers-To amend the constitution, to pass any laws required etc.
• To amend any part of constitution three types of majority is required :
(a) Simple Majority: These bills need to be passed by simple majority, that is, a
majority of members present and voting in each of the House.

(b) Special Majority: These bills need to be passed by the majority of the House
and two-third of the members present and voting in each of the House.

(c) Special majority and consent of half of all the state legislatures: These
bills are to be passed by the special majority in each house. Along with this, at least
half of the state legislatures should give consent to the bill.
 POWERS OF INDIAN PARLIAMENT
Introduction to Parliamentary system of government
• Judicial Powers: It includes following situation in which legislature holds supreme
authority
• Impeachment of President for violation of constitution
• Removal of judges of Supreme Court and High court Removal of Vice- President
• Punish members for breach of privileges like sitting in the house when the member
knows he is not an eligible member, serving as member before taking oath etc.
 POWERS OF INDIAN PARLIAMENT
Functions and Difference of Lok Sabha and Rajya sabha
Lok Sabha Rajya Sabha
Other Names Lower House/ Council of People/ Upper House/ Council of States/
Temporary House Permanent House
Members 543 (elected) + 2(nominated) = 545 233(Elected) + 12(nominated) = 245

Election Direct (by common people above 18 Indirect (By representatives of common
years of age) people)
Minimum 25 years 30 years
required age
Tenure 5 years 6 years

Dissolution May be done by President Can not be done (Permanent house)

Voting By majority of members By majority of members

 POWERS OF INDIAN PARLIAMENT
Functions and Difference of Lok Sabha and Rajya sabha
Lok Sabha Rajya Sabha
Function • The COM is collectively responsible for • Ministers are allowed to attend the
s its working in LS only. sessions of RS despite the fact they are
• Both Ordinary Bill and Money bill can members of RS or not.
be introduced in LS. • Only ordinary bills can be introduced in RS.
• No tax can be levied or collected or • In case of Money bills RS has to respond to
changed or abolished without the the proposals of LS within a period of 14
approval of LS. days from the day of its approval in LS.
• If RS fails to accept or even reject the
money bill within 14 days, it is considered
to be approved in RS by default.
• If RS proposes some changes or
amendments in the money bill, then the LS
is not bound to accept the changes
proposed by RS.
• It enjoys two exclusive powers such as:
(1) The power to declare the subject of state
list as subject of national importance.
(2) The power to create or abolish an All India
Service.
 POWERS OF INDIAN PARLIAMENT
Union and State Executives in India
• Executives are members of the government who provide leadership.
• Executes the policies and the running the government successfully along with the
bureaucracy and the legislature.
• Two types of Executives : Union Executive (Article 52-78) and State
Executive(153-167)
• Union Executives comprises three main post : The President (Article 52-62) , Prime
Minister and Council of Ministers (Article 74,75,and 78) , Attorney General of India
(Article 76)
• State Executive includes : Governor (153-161) , CM and Council of
Ministers(164-167) and Advocate General of the State (165-167)
 POWERS OF INDIAN PARLIAMENT
Union Executives in India
• PRESIDENT OF INDIA

• Head of the state and the first citizen of India. Must be 35 years of age.

• Not directly elected by the people of India rather elected by the elected members of

(a) LS and RS
(b) Legislative Assemblies of states (not councils)
(c) Legislative Assemblies of UTs
• President holds the post for five years. He/she holds the office even after the completion of five
years until new elections have taken place or a new president has been elected.
• He/She is given immunity from any criminal proceedings, even in respect of his personal acts.
President cannot be arrested or imprisoned. Only civil proceedings can be initiated for his personal
acts that too after giving prior notice for two months.
• Every executive action of the Indian Government is taken in his name.
 POWERS OF INDIAN PARLIAMENT
Union Executives in India
• PRESIDENT OF INDIA

• He holds authority over LS and RS and calls for the joint session in case of a deadlock between the
two houses. Joint session of LS and RS is headed by Speaker of LS (not President)
• President’s prior recommendation is a must to introduce the Money Bill. Contingency fund of India is
under control of president and he constitutes the finance commission in every five year.
• President hold the pardoning power(article 72) to grant pardon against punishment for an offence
by any court or the death sentence.
• Veto power of the president(article 111) : When the bill is introduced in the parliament it needs
to be signed by the president to become an act. It is on the choice of president to either reject the bill,
return the bill or withhold the assent.
• Money bill cannot be rejected by the president, only he can return the ordinary bill for
correction but it is not bounding on the parliament and president has to accept the bill
sent to him by the LS/RS in the second attempt.
 POWERS OF INDIAN PARLIAMENT
Difference between President of India and USA
INDIA USA
Election Indirectly Directly
Powers Head of the state only Head of the state as well as head of the
government
Term of office 5 years and is eligible for reelection 4 years and eligible for re election only once.
any number of times
Responsibility Part of the Parliament and is Not a part of the parliament and not
responsible to it responsible to it.
Removal Any house can initiate the process. Only upper house can initiate. (Senate)
Emergency Can impose emergency Can not impose emergencies (only senate can)
powers
Independence Works on the advice of council of Works independently and not responsible to
ministers anyone for any decision.
Veto Power For indefinite period For maximum of 10 days.
State Bills Can veto the state bills also No role in state bills
Dissolving the Can dissolve the legislature Does not have any such powers.
Legislature
 POWERS OF INDIAN PARLIAMENT
Union Executives in India
• PRIME MINISTER OF INDIA

• Leader of the country as he is the head of the government. Official representative of the country.

• He is officially the link between the COM and the President.

• His advice approved by the COM is binding on the president and no court inquiry can be imposed on
the advice of the PM.
• Council of Ministers : Constitution doesn’t categorize the ministers into ranks but in practice there
are four types of ministers.
(1) Cabinet Minister: Core team of the PM. Takes part in every meeting of the government.

(2) Minister of State: Who doesn’t have an independent charge of any department. Works under
the Cabinet Minister.
(3) Minister of State with Independent Charge: MoS who doesn’t works under a Cabinet
Minister. He is solely responsible for his department.
 POWERS OF INDIAN PARLIAMENT
Union Executives in India
(4) Deputy Minister : Works under a cabinet or minister of state with independent charge. This is
rather a temporary post which can be dissolved by the PM.

ATTORNEY GENERAL OF INDIA

• Mentioned in Article 76 under Part-V.

• Highest law officer of the nation. Chief Legal advisor to the government. Primary lawyer who
represents Union government in the SCI or High Courts.
• Appointed by the President. Must be eligible to be the judge of the SCI.

• Must have completed 5 years as a judge of High Court or 10 years as an advocate in High Court.

• Advises the President on the legal matters whenever he is asked to do so.

 STATE LEGILATURE
STATE LEGISLATURE (Article 168-212)
• Mentioned in chapter 3 of part VI of the constitution.
• Comprises of two houses Legislative Assembly(Vidhan Sabha) and Legislative Council(Vidhan
Parishad).
• At present only 6 states have both the houses (Andhra Pradesh, Telangana, UP, Maharashtra, Bihar
and Karnataka) and others have only Legislative Assembly.
• Out of 8 UTs only 3 have Legislative Assembly. Others are being administered by Central
Government.
• Legislature of every state consists of a Governor and a Legislative Assembly.
• Earlier Jammu and Kashmir used to be a state with a bicameral house but now it has
been transformed into a Union Territory
• Jammu and Kashmir Legislative Council has been abolished through the Jammu and
Kashmir Reorganization Bill, 2019, which reduced the State of Jammu and Kashmir to
the Union Territories of Jammu and Kashmir and Ladakh.
 STATE LEGILATURE
Legislative Assembly
• Voted by direct election
• To be eligible for membership, a person must be citizen of India. In case of assembly a person should
not be less than 25 years of age (article 170) and in case of council, he or she should be 30 years of
age (article 171).
• The maximum strength of an assembly should not exceed 500 or its minimum strength fall below
60. though certain states like Sikkim, Goa, Mizoram and Arunachal Pradesh have less than 60
members.
• According to Article 172, duration of Assembly in usually 5 years. But it might be dissolved earlier by
the Governor. Its term might also be extended by one year at a time by Parliament during National
Emergency. Though this may in no case be extended beyond 6 months after the proclamation has
ceased to operate.
• Members of the Legislative Assembly officially elect the Speaker on the first sitting day after a general
election. The Speaker chairs the office at the pleasure of the Legislative Assembly. The Speaker
certifies that the proceedings of the House are conducted according to its Rules, acting, in effect, as
the “referee” of the Legislative Assembly.
 STATE LEGILATURE
Functions of Legislative Assembly
• Legislative Functions: Assembly has the prerogative of legislation only. All the laws should be
passed by it. Where there is a bicameral legislature, the ordinary Bills might be introduced in any of
the Houses.
• A bill passed by the Legislative Assembly is then sent to the Legislative Council, which must either
pass it or return it to the Legislative Assembly. If the Legislative Assembly passes the Bill again, either
with or without the Council's recommendations, it is deemed to have been passed by both the
Houses collectively.
• Financial Powers: Legislative Assembly has absolute financial powers of the state. A Money Bill only
originates from the State Legislative Assembly and any expenditure from the State Treasury must be
approved by the members of the Legislative Assembly.
• The Legislative Assembly enjoys similar power with respect to the money bill as enjoyed by the Lok
Sabha.
 STATE LEGILATURE
Functions of Legislative Assembly
• Executive Powers: State Legislature exercises their control over the executive. The Council of
Ministers is responsible to this lower house of the state collectively. If the legislative Assembly passes
a motion of no-confidence against the Council of Ministers, it is suspended.

Electoral Powers: Members of the Legislative Assembly have a number of electoral rights, including:
a. The Electoral College, which elects the President of India, is made up of elected members of the
Legislative Assembly.
b. MLAs elect the members of the Rajya Sabha, who represent a particular state.
c. The MLAs elect the Speaker and Deputy Speaker of the Legislative Assembly.
d. In states with a bicameral legislature, the MLAs elect one-third of the Legislative Council members.
 STATE LEGILATURE
Legislative Council
• Recognised as the upper-house in those states of India that have a bicameral state legislature.
• Parliament could abolish a legislative council (where it already exists) or create it (where it does not
exist) by a simple majority if the legislative assembly of the concerned state, by a special majority,
passes a resolution to that effect.
• Article 171 stipulates that the legislative council's power be reduced from 40 to one-
third of the legislative assembly's strength. The sets the maximum and minimum limits,
however Parliament decides it’s real strength.
• 1/3rd of the MLCs are elected by the state's MLAs.
• Another 1/3rd by a special electorate comprising sitting members of local governments
such as municipalities and district boards.
• 1/6th is nominated by the Governor.
• 1/12th are elected by graduates of three years standing and residing in state.
• 1/12th are elected by teachers of three years standing and not lower in standard than
secondary school.
 STATE LEGILATURE
Functions of Legislative Council
• Legislative Powers: Bills recognized as Non-money bills can be introduced in the Legislative
Council. When the Legislative Assembly passes a non-money bill, it is referred to the Legislative
Council for consideration; the latter could pass it, or could send it back with suggestions to the
legislative Assembly for the reconsideration of the bill.
• When the Council approves the bill, it is sent to the Governor for his authorization. If the bill is
returned by the Council to the Legislative Assembly for reconsideration, the process is further
extended
• After the reconsideration by the Legislative Assembly, the bill again comes to the Legislative Council;
the latter may pass it and then further sent to the Governor for approval. If, on the contrary, the bill
is rejected for the second time by the Legislative Council, the bill is said to have been passed by the
Legislative Council by default.
• Legislative Council has the postponing power only i.e. it can utmost delay the bill but
could not stop it from being an Act since the Legislative Assembly could override it.
 STATE LEGILATURE
Functions of Legislative Council
• Financial Powers: Legislative Council has limited powers pertaining to the financial matters of the
state. A Money Bill could not be initiated in the Legislative Council. It could be introduced only in
the Legislative Assembly. If the Legislative Assembly sends a Money Bill to the Legislative Council, the
latter is expected to act on it within 14 days. If the Council approves, it will be submitted to the
Governor for his approval
• On the other hand, if the Council sends back the Money Bill to the Assembly with some changes and
if these changes are not acceptable to the Assembly, then the bill by default will be deemed to be
passed by the Assembly, thus considered passed by the houses collectively.
• If the money bill is not returned to the assembly within 14 days, then the bill is believed to have been
passed by both the Houses.
• Money Bills are not reconsidered for the Legislative Council second time. Therefore it is clear that
the Legislative Council has just a nominal role with respect to the Financial Matters and Money bills
to be more specific.
 STATE EXECUTIVES
State Executives includes Governors, Chief Minister , Council of Ministers
and Advocate General of State.
Governor (Article-153): Nominal Executive head of the state. Central Government
nominates the Governor for each state.
• President of India appoints the Governor for each state on the recommendation of PM. There is no
direct or indirect election for the post of Governor.
• Governor doesn’t works serve the Union Government and neither is subordinate to it.
• Executive authority of the State might be vested in the Governor and shall be exercised by him
either directly or through officers subordinates to him in accordance with the Constitution.
• Governor might hold office during the pleasure of the President. Supreme Court alleged that the
pleasure of the President is not justifiable. There is no security of tenure for the Governor and no
fixed tenure of office. He might be removed by the President at any time.
• An individual cannot be appointed as Governor unless he or she is an Indian citizen and has reached
the age of 35.
 STATE EXECUTIVES
State Executives includes Governors, Chief Minister , Council of Ministers
and Advocate General of State.
Governor (Article-153):
• Seventh Constitutional Amendment Act of 1956 made it easier to nominate the
same person to serve as Governor of two or more states.
• With respect to the bill initiated in the state legislature, he can:
1. Give his assent to the bill
2. Withhold his assent to the bill
3. Return the bill
4. Reserve the bill for the President’s consideration (In instances where the bill
introduced in the state legislature endangers the position of state High Court.)
His prior consent is required for the introduction of the money bill in the legislative
assembly.
 STATE EXECUTIVES
Chief Minister(Article-164):
• Real executive authority. Head of the state government. Position of the Chief Minister at the state
level is analogous to the position of prime minister at the Centre.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six
months, within which, he should be elected to the state legislature; failing will amount to exiting the
seat of the Chief Minister.
• Chief Minister is the head of the Council of Ministers, his resignation or death automatically dissolves
the Council of Ministers. The resignation or death of any other minister, simply generates a vacancy,
which the Chief Minister may or may not like to fill. Acts as a link between the Governor and the
COM.
• He directs the Governor with respect to the appointment of important officials like advocate general,
chairman and members of the state public service commission, State Election Commissioner and so
on.
• All decisions of the Council of Ministers relating to the administration of the state's affairs, as well as
legislative proposals, must be communicated to the Governor of the state. To refer any matter to
the Council of Ministers for consideration, if the Governor so requests, any matter on which a
minister has made a decision but which has not been considered by the council.
 STATE EXECUTIVES
Council of Ministers in State Government (Article-163&164):
• Chief Minister could be appointed by the Governor and the other Ministers might be appointed by
the Governor on the guidance of the Chief Minister.
• The overall number of ministers, involving the Chief Minister, in the Council of Ministers in a state
might not exceed 15% of the entire strength of the legislative assembly of that state. However, the
number of ministers, including the Chief Minister, in a state might not be less than 12. This provision
was incorporated by the 91st Amendment Act of 2003.
• Council of Ministers are collectively responsible to the state Legislative Assembly.
• Minister who is not a part of the state legislature for any period of six consecutive months might
cease to be a minister
• Advocate General of the State:
• Highest law officer of the state. Legal advisor of state government.
• Appointed by the governor.
• Shall be qualified to be appointed as judge of the High Court.
 JUDICIARY
Independence of Courts
• Principle that judiciary should be politically isolated from the legislature and the executives.
• Courts should not be subject to influence from other branches of government or from private
institutions.

Advantages
• No misuse of power by the legislature or the executive.
• Maintaining of rule of law and judicial independence.

Structure of courts in India

• Supreme Court: at the top of the all other courts in the country.
• High Courts: Highest judicial authority of the state in particular or more than one states.
• District Courts: Highest judicial authority in any district all over the country.
 JUDICIARY
Supreme Court of India
• Regulating Act in 1773 instituted the Supreme Court at Calcutta as a Court of Record, with full
power and authority.
• Federal Court of India was a judicial body established under the provisions of the Government of
India Act of 1935. The Federal Court had jurisdiction to solve differences and disputes between
provinces and federal states and hear appeal against Judgments’ from High Courts.
• After India accomplished independence in 1947, the Indian Constitution came into being on 26
January 1950. The Supreme Court of India also came into existence.
• Part V of the Constitution from Articles 124 to 147, deals with the organization, independence,
jurisdiction, powers and procedures and so on of the Supreme Court. The Parliament is also
authorized to regulate them.
• It is the final interpreter and guardian of the Constitution and guarantor of the fundamental
rights of the citizens. Jurisdiction and powers of the Supreme Court with respect to issues in the
Union List can be enlarged by the Parliament. In addition to this, its jurisdiction and powers with
respect to other issues can be enlarged by a special agreement of the Centre and the states
 JUDICIARY
Appointment of Judges in Supreme Court
• Appointed by the President. Chief Justice of India (CJI) is appointed by the President after
consultation with such Judges of the Supreme Court and High Court as he/ she considers necessary.
• Other judges are appointed by the President after consultation with the CJI and such other judges of
the Supreme Court and High Courts as he/ she considers necessary.
• Consultation with the Chief Justice is mandatory in the case of appointment of judges other than
Chief Justice

Qualifications
• She/he has been for at least five years a judge of a High Court or a two such Courts in succession or
for at least ten years an advocate of a High Court or of two or more such Courts in succession
• Indian Constitution does not prescribe a minimum age restriction for a judge to occupy his/her office.

• Supreme Court Judge continues to hold the office till he/she attains the age of 65 years
• Judge of the Supreme Court, after retirement, shall not do any legal practice in any court in the
territory of India and shall not plead before any authority under the Government.
 JUDICIARY
Independence of Supreme Court
• Appointment by Collegium.
• Expenditure of Court and Judges is charged from Consolidated Funds of India.
• Judges and their conduct cannot be discussed in Parliament or in the State Legislature except during
the removal.
• Judges of Supreme Court are prohibited from any practice after the retirement (High court Judges
can practice)
• Supreme Court can appoint its own staff.
• Parliament cannot curtail jurisdiction of the Supreme Court but can extend it.
• Security of tenure for judge
Removal
• A judge can be removed from office through a motion adopted by Parliament on two grounds i.e.
'proved misbehavior or incapacity’.
• Constitution prescribes that a judge can be removed only by an order of the President, based on a
motion passed by each House of Parliament.
 JUDICIARY
Removal
• A motion for removal approved by at least 100 members in Lower House or 50 members in Rajya
Sabha is needed for admission of motion for removal of the judge.
• If admitted then the Presiding officer of Lok Sabha or Chairman of Rajya Sabha set up an inquiry
committee to verify the various charges of accusation. The inquiry committee should consist of CJI
or Judge of Supreme Court judge, a High Court Chief Justice and a distinguished jurist, to probe the
charges.
• If the inquiry committee is satisfied and found that the judge has been guilty of misbehavior or
suffering 219 from incapacity, it may recommend for removal of that judge.
• Both the Houses shall have to pass a resolution to this effect by a special majority in the same
session i.e. majority of the total membership of the house and two-third members to the house
present and voting.
• The judge stands evicted by an order of the President.
• No case of removal of Supreme Court judges has happened so far
 JUDICIARY
JUDICIAL REVIEW
Power of judiciary to review and determine the validity of a law or an order. Doctrine under which
executives and legislative actions are reviewed by the judiciary.
• The power of legislature to make laws is not absolute and the validity and constitutionality of such
laws are subject to review by courts. Idea of Judicial Review in Indian constitution is adopted from
USA.
• It allows the judiciary to intervene in many public issues, even when there was no complaint from
the aggrieved party.(aka SUO MOTO COGNIZANCE)
• According to article 13(2) the Union or States shall not make laws which takes away or abridges the
FRs of any citizen. Hence JR is called upon to ensure and protect the FRs.
• Article 32 allows the SCI to enforce these rights. This provides citizens the right to directly approach
the SCI to seek justice against the violation of FRs.
• Three types of Judicial Review : Legislative, Executive and Judicial
• Essential for maintaining the supremacy of the law and federal balance.
• Against the possible misuse of power by the legislature and executives.
• Independence of judiciary and protects the rights of the people.
 JUDICIARY
JUDICIAL REVIEW
IT Act Section 66(A)-2015
SCI struck down the Section 66(A) of the amended IT Act 2000. It provided punishment for sending
“offensive” messages through a computer or any other communication device. Conviction could fetch
a a maximum of three years in jail or a fine or both. It was repealed by the SC on the grounds that this
section fell outside Article 19(2) which relates to Freedom of Speech.
Limitations of Judicial Review:
• Limits the functioning of government. Only permissible to SC and HC.
• Decision taken once becomes the standard for other similar cases to avoid wastage of time.
• Judiciary cannot interfere in political questions and policy matters unless FRs are not harmed.
• It is only permissible to the extent of finding if the procedure in reaching the decision has been
followed correctly but not the decision itself.
• Judgments can be selfish, personal hence JR can harm the public at large.
• Therefore a system of Checks and Balance has been put in place in Indian Judicial System.
 JUDICIARY
PUBLIC INTEREST LITIGATION
Use of law to advance human rights and equality or raise issue of public concern. It helps to advance
the cause of minority or helpless or disadvantaged groups or individuals.
• PIL is most commonly used to challenge the decisions of public authorities by judicial review.
• Gives vulnerable people a voice by highlighting an important issue and providing a platform for
advocating for their rights.
• Any individual or group of people can go to the court and file a petition by addressing the CJI for the
prominence issue and question of public importance for invoking the jurisdiction.
• Several PIL cases has become landmark cases in the history of Indian Judiciary.
 JUDICIARY
HIGH COURTS (Article 214-231)
• Highest court in a state in India. Parliament can also provide for the establishment of one high court
for two or more states.
• Judiciary in a state consists of a high court and a hierarchy of subordinate courts.
• Judges are appointed by President. Chief Justice of a state is appointed by President after consulting
CJI and governor of the state or the states concerned in case of a joint HC.
• To become a judge of a High Court one must be an advocate of a High Court for at least 10 years in
succession. Retirement age is 62.
• Can be transferred from one HC to another by CJI*.
• Decision of a High Court is binding on all the subordinate courts operating within its territory’s
jurisdiction in the same manner as the decision of SCI is binding on every court in India.
• HC have the power of judicial review on any matter it may find against the constitution.
• HC can only certify the cases fit for appeal before SCI.
 Subordinate or Lower Courts

CIVIL COURTS CRIMINAL COURTS REVENUE COURTS

Under a District Judge/Munsif Under a Sessions Judge/ Under a Board of Revenue/
etc. Magistrate collector/tehsildar etc.
Disputed related to property, Related to criminal matters and Cases of land revenue in a state.
agreement or family disputes. violation of law.
Do not award any punishment If found guilty, punishment is Imposes fines and penalties on
for violation of law, which is not awarded as per the law for the the convicted individual or bodies.
involved in civil cases. crime.
Civil Procedure Code is followed CrPC/IPC are followed Revenue related laws and
procedure