Subject

Constitution of India, Professional Ethics and

Cyber crimes and Laws (18CPC49)
By ANJALI R K
 Module-2
Organs of the Government
 Union legislature-both Lokasabha and Rajyasabha
 State legislature-both Legislative assembly and
legislative council
 Union Executive-Office of the president, Vice President,
Prime minister and council of ministers
 State Executive-Office of the Governor, Chief minister
and council of ministers
 Indian Judiciary-Supreme court of India and High courts
 Special provisions for the states under A370,371 and
371A
Organs of the Government

Constitution lays the procedure for the government.

Government runs through these machineries called as
 Legislature

 Executive

 Judiciary

They are called as organs of the state or Government

Since Indian nation is federal in nature we have two
Legislatures and two Executives by name Union and state
legislature, Union and state executives.
Judiciary is a Integrated organization which is called as Indian
Judiciary or Supreme court of India.
Let us study one by one
Union Legislature
Union legislature
The Parliament of India is the supreme legislative body of the Republic of
India.
The idea of the parliamentary system was taken by British Parliamentary

system.
It is a bicameral legislature composed of the President of India and the two

houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the
People).
Lower House(LS) is more powerful than Upper house (RS)

Union legislature is more powerful than State legislature.

The President in his role as head of legislature has full powers to summon

and prorogue either house of Parliament or to dissolve Lok Sabha.

The president can exercise these powers only upon the advice of the Prime

Minister and his Union Council of Ministers.

 Indian Parliament
Parliament has two houses. Lokasabha and Rajya sabha
Lokasabha:
 The maximum strength of the House allotted by the Constitution of India is 545

(Initially, in 1950, it was 500). Currently, the house has 543 seats which is made
up by the election of up to 543 elected members and at a maximum. Between
1952 and 2020, 2 additional members of the Anglo-Indian community were also
nominated by the President of India on the advice of Government of India, which
was abolished in January 2020 by the 104th Constitutional Amendment Act,
2019.
 523 seats are represented by all the states in India and 20 seats are represented by

Union territories
 A total of 131 seats (24.03%) are reserved for representatives of Scheduled

Castes (84) and Scheduled Tribes (47).

 Lokasabha members are elected directly by the people through universal adult

franchise(Above 18 years)
 Approximately one member represents 5 lakh to 8 lakh people in the constituency
Criteria's for elections
Qualifications
 Indian

 25 years must be completed

 Eligible voter

 Other qualifications mentioned by Parliament

Disqualifications
 Government officers or holding government office

 Criminals

 Insane persons

 Insolvent persons

 Foreigners

Duration:5 Years which can be extended up to 6 months during emergencies

Presiding officers: Speaker and Deputy speaker
Quorum:The quorum for the House is 10% of the total membership. Quorum means
minimum members attending the session
Powers and Functions of Lokasabha
 Legislative Powers: In parliament Lower house
plays a major role in law making process. LS has power to
prepare central laws and concurrent laws(owned by both state
and central).Legislative proposals in the form of a Bill can be
brought forward either by a Minister or by a private member.
In the former case it is known as Government Bill and in the
latter case it is known as a Private Members' Bill. Every Bill
passes through three stages—called three readings—before it
is passed. To become law it must be passed by both the
Houses of Parliament, Lok Sabha and Rajya Sabha, and then
assented to by the president.
 There are three types of Bills: Common bills, money bills and
constitutional bills. LS has the power to pass all these bills.
Financial, Constitutional and Executive powers
Financial powers:-The presentation, discussion of, and voting on the annual General
and Railways budgets—followed by the passing of the Appropriations Bill and the
Finance Bill—is a long, drawn-out process that takes up a major part of the time of
the House during its Budget Session every year.
Constitutional powers:- Loka sabha has the power to take initiative to introduce for
the amendment of the Constitutional provisions.
Executive Powers:
Lokasabha can control the executive (PM and Ministers)effectively through some of
the techniques such as---
No confidence motion

Adjournment motion

Censure or cut motions

Question hour

Zero hour

Debate sessions

Proposals and sessions

Other powers and previliges
All the MPs have to participate in the election of President and Vice-
president.
All the MPs have to participate in the Impeachment proceedings initiated
against president , vice president, Supreme court and high court judges.
All the MPs have to participate in the discussion on Matters of Urgent
Public Importance
All the MPs have to participate in the approval of proposals and
resolutions
All the MPs have to participate in the approval of Emergency provisions
MPs have to utilize the local area development fund towards the
development of their constituencies.
Privileges---
Freedom of speech and expression in the house
Salary and allowances as per the parliamentary statutes
Other provisions and funds
Procedure, sessions and committees
Procedure in the House
 The Rules of Procedure and Conduct of Business in Lok Sabha and Directions issued by the Speaker from time to
time there under regulate the procedure in Lok Sabha. The items of business, notice of which is received from the
Ministers/ Private Members and admitted by the Speaker, are included in the daily List of Business which is printed
and circulated to members in advance.
Sessions
The period during which the House meets to conduct its business is called a session. The Constitution empowers the
President to summon each House at such intervals that there should not be more than a six-month gap between the
two sessions. Hence the Parliament must meet at least twice a year. But, three sessions of Lok Sabha are held in a
year:
 Budget session: February to May.
 Monsoon session: July to September.
 Winter session: November to mid-December.
Parliamentary Committees---
Most of the business of drafting a bill or amendments are initially discussed and debated in the parliamentary
committees. Since the time for legislation is limited, work of all departments of the government and any special
focus tasks is delegated to the committees, wherein the committees shall prepare the initial draft of the
bill/amendment for the consideration by both the houses. They consist of members from both the houses.
 There are primarily two kinds of parliamentary committees based on their nature:-
 Parliament Standing Committees (PSC) – Permanent in nature, reconstituted time to time with every new election.
◦ Department based
◦ Others
 Ad hoc Committees – Created for specific purpose and ceases to exist when that purpose is achieved.
Office of the Speaker and Deputy Speaker
 As per Article 93 of Indian Constitution, the Lok Sabha has a Speaker
and a Deputy Speaker. In the Lok Sabha, both presiding officers—the
Speaker and the Deputy Speaker- are elected from among its members
by a simple majority of members present and voting in the House. No
specific qualifications are prescribed for being elected Speaker; the
Constitution only requires that Speaker should be a member of the
House. But an understanding of the Constitution and the laws of the
country and the rules of procedure and conventions of Parliament is
considered a major asset for the holder of the office of the Speaker.
Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker are mentioned under Article 94 of the Constitution
of India.
 As per Article 94 of Indian Constitution, a Speaker or a Deputy
Speaker should vacate his/her office, a) if he/she ceases to be a
member of the House of the People, b) he/she resigns, or c) is removed
from office by a resolution of the House passed by a majority.
Powers and functions of Speaker
 The Speaker of Lok Sabha is both a member of the House and its Presiding Officer.
The Speaker conducts the business in the House.
 He/she decides whether a bill is a money bill or not.
 He/she maintains discipline and decorum in the house and can punish a member for
their unruly behaviour by suspending them.
 He/she permits the moving of various kinds of motions and resolutions like the
motion of no confidence, motion of adjournment, motion of censure and calling
attention notice as per the rules.
 The Speaker decides on the agenda to be taken up for discussion during the
meeting.
 It is the Speaker of the Lok Sabha who presides over joint sittings called in the
event of disagreement between the two Houses on a legislative measure.
 Following the 52nd Constitution amendment, the Speaker is vested with the power
relating to the disqualification of a member of the Lok Sabha on grounds of
defection.
 The Speaker makes obituary references in the House, formal references to
important national and international events and the valedictory address at the
conclusion of every Session of the Lok Sabha and also when the term of the House
expires.
 Powers and functions of Speaker and Qualities
 Though a member of the House, the Speaker does not vote in the
House except on those rare occasions when there is a tie at the
end of a decision. Till date, the Speaker of the Lok Sabha has not
been called upon to exercise this unique casting vote.
 While the office of Speaker is vacant due to

absence/resignation/removal, the duties of the office are

performed by the Deputy Speaker or, if the office of Deputy
Speaker is also vacant, by such member of the House of the
People as the President may appoint for the purpose. The Lok
Sabha has also a separate non-elected Secretariat staff.
Qualities
Must be intelligent, skilful, ability to tackle everything, effective
leadership quality, good listener, and most required quality is lots
of patience.
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the bicameral
Parliament of India. It currently has a maximum membership of 250, of which 238
are elected by the legislatures of the states and union territories using single
transferable votes through Open Ballot while the President can appoint 12
members for their contributions to art, literature, science, and social services.
Members sit for staggered terms lasting six years, with elections every year but
almost a third of the 238 designates up for election every two years, specifically in
even-numbered years. The Rajya Sabha meets in continuous sessions, and unlike
the Lok Sabha, being the lower house of the Parliament, the Rajya Sabha, which is
the upper house of Parliament, is not subjected to dissolution. However, the Rajya
Sabha, like the Lok Sabha can be prorogued by the President.
The Rajya Sabha has equal footing in legislation with the Lok Sabha, except in the
area of supply, where the latter has overriding powers. In the case of conflicting
legislation, a joint sitting of the two houses can be held, where the Lok Sabha
would hold greater influence because of its larger membership.
Seats are allotted in digressive proportion to the population of each state or union
territory, meaning that smaller states have a slight advantage over more populous
states.
Organization and others aspects
Qualifications
 Indian

 30 years must be completed

 Eligible voter

 Other qualifications mentioned by Parliament

Disqualifications
 Government officers or holding government office

 Criminals

 Insane persons

 Insolvent persons

 Foreigners

Duration:6 Years which can be extended up to 6 months during emergencies

Presiding officers: The Vice President of India (currently, Jagdeep Dhankar) is
the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.
The Deputy Chairman, who is elected from amongst the house's members, takes
care of the day-to-day matters of the house in the absence of the Chairman.
Quorum:The quorum for the House is 10% of the total membership.
Powers and functions of Rajyasabha
Union-state relations
The Constitution empowers the Parliament of India to make laws on the matters
reserved for States. However, this can only be done if the Rajya Sabha first passes a
resolution by a two-thirds supermajority granting such a power to the Union
Parliament. The union government cannot make a law on a matter reserved for states
without any authorization from Rajya Sabha.
The Union government reserves power to make laws directly affecting the citizens
across all the states whereas, a single State in itself reserves power to make rules and
governing laws of their region. If any bill passes through Rajya Sabha, that means,
majority of states of the Union want that to happen. Rajya Sabha therefore, plays a
vital role protecting the state's culture and interest.
Creation of All-India Services
The Rajya Sabha, by a two-thirds supermajority can pass a resolution empowering the
Government of India to create more All-India Services common to both Union and
States.
Rajya Sabha Television (RSTV) is a 24-hour a day continuous parliamentary TV
channel owned and operated by the body. The channel aims to provide in-depth
coverage and analysis of parliamentary affairs especially its functioning and policy
development.
Rajyasabha-Secretariat
 The Secretariat of Rajya Sabha was set up pursuant to the provisions contained in Article
98 of the Constitution. The said Article, which provides for a separate secretarial staff for
each House of Parliament, reads as follows:- 98. Secretariat of Parliament – Each House of
Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall
be construed as preventing the creation of posts common to both Houses of Parliament. (2)
Parliament may by law regulate the recruitment and the conditions of service of persons
appointed to the secretarial staff of either House of Parliament.
 The Rajya Sabha Secretariat functions under the overall guidance and control of the
Chairman. The main activities of the Secretariat inter alia include the following :
 (i) providing secretarial assistance and support to the effective functioning of the Council
of States (Rajya Sabha); (ii) providing amenities as admissible to Members of Rajya
Sabha; (iii) servicing the various Parliamentary Committees; (iv) preparing research and
reference material and bringing out various publications; (v) recruitment of manpower in
the Sabha Secretariat and attending to personnel matters; and (vi) preparing and publishing
a record of the day-to-day proceedings of the Rajya Sabha and bringing out such other
publications, as may be required concerning the functioning of the Rajya Sabha and its
Committees.
 In the discharge of his constitutional and statutory responsibilities, the Chairman of the
Rajya Sabha is assisted by the Secretary-General, who holds the rank equivalent to the
Cabinet Secretary to the Government of India. The Secretary-General, in turn, is assisted
by senior functionaries at the level of Secretary, Additional Secretary, Joint Secretary and
other officers and staff of the Secretariat.
State legislature-Assembly and council
State governments in India are the governments ruling 29 states and 9 union
territories of India and the head of the council of ministers in a state is chief
minister. Power is divided between the union government and state governments.
While the union government handles military and external affairs etc., whereas
the state government deals with internal security (through state police) and other
state issues. Income for the union government is from customs duty, excise
tax, income tax etc., while state government income comes from sales
tax (VAT), stamp duty, now these have been subsumed under CGST, SGST—
components of GST
A state legislature that has two houses known as State Legislative
Assembly and State Legislative Council (Vidhan Parishad), is a
bicameral legislature. The Vidhan Sabha is the lower house and corresponds to
the Lok Sabha, the Vidhan Parishad is the upper house and corresponds to the
Rajya Sabha of Indian Parliament.
A State Legislative Assembly may be dissolved in a state of emergency, by
the Governor on request of the Chief Minister, or if a motion of no confidence is
passed against the ruling majority party or coalition.
 State legislative assembly-Vidhana sabha
Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms
by single-member constituencies. The Constitution of India states that a State Legislative
Assembly must have no less than 60 and no more than 500 members however an exception
may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and
the union territory of Pondicherry which have fewer than 60 members.
Organization and others aspects
Qualifications
 Indian
 25 years must be completed
 Eligible voter
 Other qualifications mentioned by Parliament

Disqualifications
 Government officers or holding government office
 Criminals
 Insane persons
 Insolvent persons
 Foreigners

Duration:5 Years which can be extended up to 3 years during emergencies

Presiding officers: Speaker and Deputy speaker
Quorum:The quorum for the House is 10% of the total membership. Quorum means minimum
members attending the session
Powers and Functions of Assembly
Assembly is similar to the lokasabha of union legislature.(for powers and functions refer
Lokasabha powers)
 The most important function of the legislature is law making. The state legislature has the
power to make laws on all items on which Parliament cannot legislate. Some of these items
are police, prisons, irrigation, agriculture, local governments, public health, Pilgrimage, and
burial grounds. Some topics on which both Parliament and states can make laws are
education, marriage and divorce, forests, and the protection of wild animals and birds.
 As regards money bills, the position is the same. Bills can originate only in the Legislative
Assembly. The Legislative Council can either pass the bill within 14 days of the date of the
receipt of the Bill or suggest changes in it within 14 days. These changes may or may not
be accepted by the Assembly.
 The state legislature, besides making laws, has one electoral power, in electing the
President of India. Elected members of the Legislative Assembly along with the elected
members of Parliament are involved in this process.
 Some parts of the Constitution can be amended by Parliament with the approval of half of
state legislatures. Thus the state legislatures take part in the process of amendment of the
Constitution.
Powers and Limitations of Assembly
Special powers----
 A motion of no confidence against the government in the state can only

be introduced in the State Legislative Assembly. If it is passed by a

majority vote, then the Chief Minister and her/his
ministers must collectively resign.
 In matters related to ordinary bills, the will of State Legislative Assembly

prevails and there is no provision of joint sitting. In such cases, State

Legislative Council can delay the legislation by maximum 4 months (3
months in first visit and 1 month in the second visit of the bill).
 Legislative Assembly of the state has to power to create or abolish the

State Legislative Council by passing a resolution to that effect by a

majority of not less than two-thirds of the members present and voting.
 Assembly has the power to reserve controversial bills for presidential

signature.
State legislative Council
The State Legislative Council (Vidhan Parishad) is the upper house in
those states of India that have a bicameral state legislature; the lower house being
the State Legislative Assembly. Its establishment is defined in Article 169 of
the Constitution of India.
As of November 2019, after the bifurcation of Jammu and Kashmir, 6 out of 28 states
have a State Legislative Council. The latest state to have a council is Telangana.
Organization and others aspects
Qualifications
 Indian
 30 years must be completed
 Eligible voter
 Other qualifications mentioned by Parliament

Disqualifications
 Government officers or holding government office
 Criminals
 Insane persons
 Insolvent persons
 Foreigners

Duration:6 Years which can be extended up to 3 years during emergencies

Presiding officers: Speaker and Deputy speaker
Quorum:The quorum for the House is 10% of the total membership.
Election of MLCs
MLCs are chosen in the following manner:
 One third are elected by the members of local bodies such
as municipalities, Gram panchayaths, Panchayath samities and district
councils.
 One third are elected by the members of Legislative Assembly of the
State from among the persons who are not members of the State
Legislative Assembly.
 One sixth are nominated by the Governor from persons having
knowledge or practical experience in fields such
as literature, science, arts, the co-operative movement and social
services.
 One twelfth are elected by persons who are graduates of three years'
standing residing in that state.
 One twelfth are elected by persons engaged for at least three years in
teaching in educational institutions within the state not lower
than secondary schools, including colleges and universities.
Powers and functions
The three main powers of the state legislative council are as follows: (i) Legislative Powers (ii)
Financial Powers (iii) Control over the Executive.
State Legislature Council is a very weak House, It exercises limited powers.
Legislative Powers:
An ordinary or non-money bill can be introduced in either House of the State Legislature. It is
required to be passed by both the Houses for becoming a law. If the bill is moved in the Legislative
Assembly in the first instance, it goes to the Legislative Council after having been passed by the
Assembly.
Financial Powers:
In the financial sphere, the Legislature Council has little power. A Money Bill can be introduced
only in the Legislative Assembly. After its passage, it goes to the Legislative Council for its
consideration. The Council is required to return it within 14 days. After the expiry of 14 days the
bill gets fully passed even when the Council has not passed it.
Control over the Executive:
 The Legislative Council has little control over the executive. The State Council of Ministers is

responsible to the Legislative Assembly alone and not to the Legislative Council. The members of
the Legislative Council exercise some control over the State ministry by asking questions and
supplementary questions to the ministers.
Position
Council is a weaker chamber. It is devoid of any real authority. That is why most of the states have
preferred not to have this house.
 Law making Process
Law making process includes 5 stages
I reading
II reading
Committee stage
Reporting stage
III reading

Dead lock of the bill-Joint sitting-2/3rd

Majority.
President’s Confirmation and signature
 Union Executive-President, Vice president,Prime minister and
Council of ministers
 Article 74 of the Indian Constitution states that “there shall be a Council of Ministers
with the Prime Minister at the head to aid and advise the President who shall in the
exercise of his functions, act in accordance with such advice.”
 The President has a wide range of power including executive, legislative, judicial, and
emergency powers. However, in a parliamentary system (e.g. India), these powers are in
reality used by the President only on the advice of the Council of Ministers.
 The Prime Minister and the Council of Ministers have support of the majority in the Lok
Sabha and they are the real executive.
 The President is the formal head of the government.
 The Prime Minister is obliged to furnish all the information that the President may call
for.
 The Council of Ministers is headed by the Prime Minister.
 In the parliamentary form of executive, it is essential that the Prime Minister has the
support of the majority in the Lok Sabha. And the moment the Prime Minister loses this
support of the majority; he or she loses the office.
 In case no party is in majority, a few parties can form government ‘in coalition.’
 The Council of Ministers constitutes not more than 15 percent of a total number of
members of the House of the People (91st Amendment).
 President of India(Article 53 and 54)
The Indian constitution accords with the president, the responsibility and authority to
defend and protect the Constitution of India and its rule of law. Invariably, any action taken
by the executive or legislature entities of the constitution shall become law only after the
president's assent. The president shall not accept any actions of the executive or legislature
which are unconstitutional. The president is the foremost, most empowered and prompt
defender of the constitution (Article 60), who has pre-emptive power for ensuring
constitutionality in the actions of the executive or legislature.
Selection process-Eligibility
Qualifications
 Indian

 35 years must be completed

 Other qualifications mentioned by Constitution

Disqualifications
 Government officers or holding government office

 Criminals

 Insane persons

 Insolvent persons

 Foreigners

 Present MP,MLA and MLC

Selection Process
Whenever the office becomes vacant, the new president is chosen by
an electoral college consisting of the elected members of both houses
of parliament, the elected members of the State Legislative Assemblies
(Vidhan Sabha) of all States and the elected members of the legislative
assemblies (MLAs) of union territories with legislatures.
The election is held in accordance with the system of proportional
representation by means of the single transferable vote method. The voting
takes place by a secret ballot system. The manner of election of President is
provided by Article 55 of the constitution.
The actual calculation for votes cast by a particular state is calculated by
dividing the state's population by 1000, which is divided again by the number
of legislators from the State voting in the electoral college. This number is
the number of votes per legislator in a given state. Every elected member of
the parliament enjoys the same number of votes, which may be obtained by
dividing the total number of votes assigned to the members of legislative
assemblies by the total number of elected representatives of the parliament.
Other aspects
Duration:5 Years which can be extended up to 6 months during emergencies
Re-Election: Only once
Succession: Vice president succeeds the office of the president incase of
absence of the president due to death, resignation and removal
Oath: Chief Justice of India addresses the oath for president and Vice
President
Emoluments: President and Vice president receives the salary and
allowances as per the Indian Government act and eligible for pension
under the act. They have to reside in Rashtrapati Bhavan Official residence
given by Government of India
Impeachment
The president may also be removed before the expiry of the term
through impeachment for violating the Constitution of India by
the Parliament of India. The process may start in either of the two houses
of the parliament. The house initiates the process by leveling the charges
against the president. The charges are contained in a notice that has to be
signed by at least one-quarter of the total members of that house.
Powers and functions of President
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 (Article 60 of
Indian constitution). The president is the common head of all
independent constitutional entities.
Powers of the president are divided as under—
 Legislative powers
 Executive powers
 Appointment powers
 Military powers
 Diplomatic powers
 Judicial powers
 Financial powers
 Pardoning powers
 Emergency powers
Legislative powers
 All the legislative actions have to be done in the name of the president
 President summons, prorogues and dissolves the house.(Lokasabha)
 All bills passed by the parliament can become laws only after receiving the
assent of the president per Article 111.
 President can pass the ordinances (Immediate orders in the absence of
Parliamentary sessions. They work only for 30 days or till the confirmation
of the houses)
 The president can also withhold his assent to a bill when it is initially
presented to him (rather than return it to parliament) thereby exercising
a pocket veto on the advice of prime minister or council of ministers
per Article 74 if it is inconsistent to the constitution.
 President nominates two members to the Lokasabha and 12 members to
the Rajyasabha.
 President has the power to give the directions on the advise of Supreme
court of India
Executive powers and Appointment powers
According to the Article 53, the executive power of the country is vested in the
president and is exercised by president either directly or through officers subordinate to
him in accordance with the constitution. When parliament thinks fit it may accord
additional executive powers to the president as per Article 70 which may be further
delegated by the president to the governors of states as per Article 160.
Appointment powers
The president appoints as prime minister and Council of ministers.
President nominates two members to the Lokasabha and 12 members to the Rajyasabha.
The president appoints Governors and Commissioners for the state.
 The chief justice and other judges of the Supreme Court of India and state/union

territory high courts.

 The Comptroller and Auditor General.
 The Chief Election Commissioner and other Election Commissioners.
 The Chairman and other Members of the Union Public Service Commission.
 The Attorney and solicitor General.
 Ambassadors and High Commissioners to other countries (only through the list of

names given by the prime minister).

 Officers of the All India Services (IAS, IPS and IFoS), and other Central Civil

Services in Group 'A'.

Military powers,Diplomatic powers and Judicial powers

The president is the Supreme Commander of the Indian Armed Forces. The
president can declare war or conclude peace,[on the advice of the Union
Council of Ministers headed by the prime minister. All important treaties and
contracts are made in the president's name.
All international treaties and agreements are negotiated and concluded on behalf
of the president.[However, in practice, such negotiations are usually carried out
by the prime minister along with his Cabinet (especially the Foreign Minister).
Also, such treaties are subject to the approval of the parliament. The president
represents India in international forums and affairs where such a function is
chiefly ceremonial. The president may also send and receive diplomats, i.e. the
officers from the Indian Foreign Service.[The president is the first citizen of
the country.
The primary duty of the president is to preserve, protect and defend the
constitution and the law of India per Article 60. The president appoints
the Chief Justice of India and other judges on the advice of the chief justice.
He dismisses the judges if and only if the two Houses of the parliament pass
resolutions to that effect by a two-thirds majority of the members present.
Financial powers, Pardoning powers and Emergency powers

Financial powers : A money bill can be introduced in the parliament only with the president's
recommendation.
 The president lays the Annual Financial Statement, i.e. the Union budget, before the

parliament.
 The president can take advances out of the Contingency Fund of India to meet unforeseen

expenses.
 The president constitutes a Finance commission after every five years to recommend the

distribution of the taxes between the centre and the States

Pardoning powers :As mentioned in Article 72 of the Indian constitution, the president is
empowered with the powers to grant pardons in the following situations:
 Punishment is for an offence against Union law.
 Punishment is by a military court.
 A sentence that is of death.
 The decisions involving pardoning and other rights by the president are independent of the

opinion of the prime minister or the Lok Sabha majority. In most cases, however, the
president exercises his executive powers on the advice of the prime minister and the cabinet.
 Emergency powers: Only President can declare National, State and Financial emergencies in

India based on the constitutional grounds.

 Council of Ministers(Both central and state)
The Union Council of Ministers exercises executive authority in the Republic of India. It
consists of senior ministers, called 'cabinet ministers', junior ministers, called 'ministers of
state' and, rarely, deputy ministers. The council is led by the Prime Minister of India.
A smaller executive body called the Union Cabinet is the supreme decision-making body in
India. Only the prime minister and ministers of the rank of cabinet minister are members of
the Union Cabinet in accordance with Article 75.
Every state in India is governed by its council of ministers with rules and procedures similar to
union council of ministers per Articles 163, 164 and 167(c).
Features—
 Pursuant to Article 75(3), the Council of Ministers is responsible collectively to the lower

house of the Indian parliament, called the Lok Sabha (House of the People). When a bill
introduced by a minister in the Lok Sabha is not approved by it, the entire council of
ministers is responsible and not the minister. The council of ministers upon losing
confidence of Lok Sabha shall resign to facilitate the new government formation.
 A minister shall not take any decision without being considered by the council of ministers

per Article 78(c). All union cabinet members shall submit in writing to the President to
propose proclamation of emergency by the president in accordance with Article 352.
 According to the Constitution of India, the total number of ministers in the council of

ministers must not exceed 15% of the total number of members of the Lok Sabha.
Ministers must be members of parliament. Any minister who is not a member of either of
the houses of the parliament for six consecutive months is automatically stripped off his or
her ministerial post.
Appointment, Ranking and Removal
Appointment: Pursuant to Article 75, a minister who works at the pleasure of president, is
appointed by the president on the advice of the prime minister. Since at least the turn of the
millennia, evidence indicates that an MP’s electoral performance enhances the likelihood of
being granted a ministerial portfolio.
Ranking: There are five categories of the council of ministers as given below, in descending order
of rank:
 Prime Minister

 Deputy prime minister (if any); presides as prime minister in his absence or as the senior most

cabinet minister.
 Cabinet minister: member of cabinet; leads a ministry.

 Minister of state (independent charge): junior minister not reporting to a cabinet minister.

 Minister of state :deputy minister reporting to a cabinet minister, usually tasked with a specific

responsibility in that ministry

Removal
 Upon death

 Upon self resignation

 Upon dismissal by the President for minister's unconstitutional acts per

 Upon direction from the Judiciary for committing violation of law.

 Upon ceasing eligibility to be a member of Parliament.

Powers and functions of the ministers
The Council is collectively responsible to the Lok Sabha. It is the duty of the
Prime Minister to communicate to the President all decisions of Council of
Ministers relating to administration of affairs of the Union and proposals for
legislation and information relating to them.
The Prime Minister determines the general direction of Government's activities and
ensures coordinated and purposeful work of the Cabinet of Ministers. The Prime
Minister leads the work of the Cabinet of Ministers and is responsible before the
Saeima.
The Council of Ministers performs the following functions:
 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.
 Executive Powers:

The Council of Ministers is the real executive. All executive powers of the President
of India are really used by the Council of Ministers.
Powers and functions
 Running of Administration:
The Cabinet runs the administration in accordance with the laws and policies. It has the
responsibility to maintain law and order in the country. Every minister heads one or more
departments. It is under his headship that the administration of a department is run. The day to
day decisions are taken by the departments in accordance with the policies of the Cabinet.
For all its policies and decisions the Council of Ministers is collectively responsible before the
Lok Sabha. Any failure on any front can cause the fall of the ministry. Likewise, every minister is
also individually responsible before Lok Sabha for the functioning of the department or
departments which he heads.
 Functions during as Emergency:
The exercise of Emergency Powers by the President is always done in accordance with the advice
of the Prime Minister and his Council of Ministers. The President can declare an emergency only
under the advice of the Cabinet. He takes all steps for meeting the emergency in accordance with
the advice of the Prime Minister and his Council of Ministers. The real responsibility to meet an
emergency is of the Cabinet.
 Appointment-Making Powers:
The President makes all the higher appointments—Governors, Ambassadors, Envoys, High
Commissioners, Consuls, Judges of the Supreme Court and High Courts, Military Commanders,
members of UPSC, Election Commission, Planning Commission and others, in accordance with
the advice of the prime Minister and the Cabinet.
Powers and functions
 Treaty-Making and Defence Functions:
All treaties and other international agreements are negotiated and signed by the ministers on
behalf of the President. To prepare for the defence of the country through the organisation and
modernisation of the Army, Air Force and Navy, and by formulating a suitable defence and
nuclear policy, is a fundamental function of the Cabinet.
Thus the Council of Ministers exercises real executive powers. In its working, it is dominated by
the Prime Minister and the Cabinet.
 Legislative Powers:
Though the legislative powers of the Union are in the hands of the Parliament, the Council of
Ministers plays an important role in the sphere of legislation. The ministers are both the heads of
government departments as well as members of the Parliament. They take full and active part in
the working of the Parliament.
Most of the bills are introduced and piloted by them. 95 % of the time of the Parliament is utilized
for handling governmental business, which is managed by the ministers. A bill not supported by
the Council of Ministers cannot get passed from the Parliament because the ministry enjoys the
support of the majority in Parliament.
 Financial Powers:
 The Parliament is the custodian of national finances. However, the Cabinet plays a leading role in
this sphere also. The budget is prepared by the Cabinet. It lays down the fiscal policies of the
government. The Cabinet gets the budget passed from the Parliament. The Cabinet runs the
financial administration in accordance with the provisions of the budget as passed by the
Parliament.
Position of the Ministers
Committees of the Cabinet:
The Cabinet carries out its work through its several Standing Committees— Political
Affairs Committee, Defence Committee, Planning Committee, Economic Policy
Committee, Foreign Affairs Committee, Parliamentary Affairs Committee and some
other such committees. The Prime Minister heads some of these committees, while
others are headed by some senior ministers
Position of the ministers:
The above account of the powers and functions of the Council of Ministers reveals the
strong and central position that it occupies as the real and powerful executive in the
Indian political system. All the powers of the President of India are really exercised by
the Council of Ministers.
Within the Council of Ministers, the Cabinet is the most powerful body. It is the central
institution which uses all these powers. The Cabinet directs, supervises and controls the
formulation of national policies and the running of the administration.
As the maker of all policies, the director of administration and the supreme coordinator
of government activity, the Cabinet enjoys an enviable position. It is indeed the steering
wheel of the ship of the state. It is the centre of power and the most powerful institution
of the Indian political system.
Office of the Prime Minister(Refer the same for Chief Minister)
 The Prime Minister of India is the leader of the executive of
the Government of India. The prime minister is also the chief adviser to
the president of India and head of the Council of Ministers. They can be a
member of any of the two houses of the Parliament of India— Lok Sabha
and Rajya Sabha but has to be a member of the political party or coalition,
having a majority in the Lok Sabha.
 The prime minister is the senior-most member of cabinet in the executive
of government in a parliamentary system. The prime minister selects and
can dismiss members of the cabinet; allocates posts to members within the
government; and is the presiding member and chairperson of the cabinet.
 The Union Cabinet headed by the prime minister is appointed by the
president of India to assist the latter in the administration of the affairs of
the executive. Union cabinet is collectively responsible to the Lok
Sabha as per article 75(3) of the Constitution of India. The prime minister
has to enjoy the confidence of a majority in the Lok Sabha and shall resign
if they are unable to prove majority when instructed by the president.
Appointment and eligibility

Appointment
The Constitution simply lays down that the Prime Minister is to be appointed by the
President. In doing so the President follows the rules of the parliamentary system. He
appoints the leader of the majority in the Lok Sabha as the Prime Minister. Whenever a
party gets a clear majority in Lok Sabha elections, the President plays a little role and he
appoints the leader of such a party or a coalition group as the Prime Minister. However,
in case no party gets a majority and some parties are even unable to elect a common
candidate as their leader, the President can play a real role in the appointment of the
Prime Minister.
Eligibility
 According to Article 84 of the Constitution of India, which sets the principle

qualification for member of Parliament, and Article 75 of the Constitution of India for
PM Office
 be a citizen of India.

 be a member of the Lok Sabha or the Rajya Sabha. If the person chosen as the prime

minister is neither a member of the Lok Sabha nor the Rajya Sabha at the time of
selection, they must become a member of either of the houses within six months.
 be above 25 years of age if they are a member of the Lok Sabha or, above 30 years of

age if they are a member of the Rajya Sabha.

 not hold any office of profit under the government of India.
Oath, tenure and removal
Oaths of office and secrecy.
The prime minister is required to make and subscribe in the presence
of the President of India before entering office, the oath of office and
secrecy, as per the Third Schedule of the Constitution of India.
Tenure and removal from office
The prime minister serves on 'the pleasure of the president', hence, a
prime minister may remain in office indefinitely, so long as the
president has confidence in him/her. However, a prime minister must
have the confidence of Lok Sabha, the lower house of the Parliament
of India.
However, the term of a prime minister can end before the end of a
Lok Sabha's term, if a simple majority of its members no longer have
confidence in him/her, this is called a vote-of-no-confidence.
Powers and functions of PM
Formation of the Council of Ministers:
The task of formation of the ministry begins with the appointment of the Prime Minister by the
President. After the appointment of Prime Minister, the President appoints all other ministers on
the advice of the Prime Minister. The PM determines the strength of his ministry and selects his
team of ministers. However this number cannot be more than 15% of the total membership of the
Lok Sabha.
Allocation of Portfolios:
It is an undisputed privilege of the Prime Minister to allocate portfolios to his ministers. Which
particular department is to be given to which minister is determined by him. Any minister
objecting to such an allotment invites the wrath of the Prime Minister and can get completely
ignored from the ministry.
Change of Portfolios:
The Prime Minister has the power to change the departments (portfolios) of the ministers at any
time. It is his privilege to shuffle and re-shuffle his ministry any time and as many times as he
may like.
Chairman of the Cabinet:
The Prime Minister is the leader of the Cabinet. He presides over its meetings. He decides the
agenda of its meetings. In fact all matters in the Cabinet are decided with the approval and
consent of the Prime Minister. It is up to him to accept or reject proposals for discussions in the
Cabinet. All ministers conform to his views and policies. There is scope for deliberations and
discussions but not for opposition.
Powers and functions of PM
Removal of Ministers:
The Prime Minister can demand resignation from any minister at any time, and the latter has
to accept the wishes of the former. However, if any minister may fail to resign, the Prime
Minister can get him dismissed from the President.
Chief Link between the President and the Cabinet:
The Prime Minister is the main channel of communication between the President and the
Cabinet. He communicates to the President all decisions of the Cabinet, and puts before the
Cabinet the views of the President. This is the sole privilege of the Prime Minister and no
other minister can, of his own convey the decisions or reveal to the President the nature or
summary of the issues discussed in the Cabinet.
Chief Coordinator:
The Prime Minister acts as the general manager of the state and the chief coordinator. It is his
responsibility to co-ordinate the activities of all the departments and to secure co-operation
amongst all government departments. He resolves all differences, among the ministers.
Leader of the Parliament:
As the leader of the majority in the Lok Sabha, the Prime Minister is also the leader of the
Parliament. In this capacity, it is the PM who, in consultation with the Speaker of this Lok
Sabha, decides the agenda of the House. The summoning and the proroguing of Parliament is
in fact decided by him and the President only acts upon his advice.
Power to get the Parliament Dissolved:
The Prime Minister has the power to advise the President in favour of a dissolution of the Lok
Sabha. This power of dissolution really means that the members hold their seats in the House
at the mercy of the Prime Minister.
Powers and functions of PM
Director of Foreign Affairs:
As the powerful and real head of the government, the Prime Minister always plays a
key role in determining Indian foreign policy and relations with other countries. He
may or may not hold the portfolio of foreign affairs but he always influences all
foreign policy decisions.
Role as the Leader of the Nation:
Besides being the leader of his party and the Lok Sabha, Prime Minister is also the
leader of the nation. General elections are fought in his name. We know that it was
the charismatic and charming personality of Pt. Nehru that used to sweep popular
votes in favour of the Congress party. The personality of the Prime Minister and the
respect and love, that he commands act as a source of strength for his party as well
as the nation. He leads the nation both in times of peace and war.
Power of Patronage:
All important appointments are really made by the Prime Minister. These
appointments include Governors, Attorney-General, Auditor General, Members and
Chairman of Public Service Commission, Ambassadors, Consular etc. All high
ranking appointments and promotions are made by the President with the advice of
the Prime Minister.
Powers and Position of the PM
Role of Prime Minister during an Emergency:
The emergency powers of the President are in reality the powers of the Prime Minister. The
President declares an emergency only under the advice of the Cabinet, which in reality
means the advice of the Prime Minister. All decisions taken to meet an emergency are really
the decisions of the Prime Minister.
The Prime Minister can get the imposition of President’s rule in a State. The Presidential
decision in favour of imposing an emergency in a state is always governed by the decision of
the Prime Minister and his Cabinet.
Position: The office of PM is very powerful:
A study of the powers and functions of the Prime Minister clearly brings out the fact that he
holds the most powerful office in the Indian. He exercises real and formidable powers in all
spheres of governmental activity—executive, legislative and financial. The Prime Minister is
the captain of the ship of state, the key stone of cabinet arch, the steering wheel of
government, and the moon amongst lesser stars.
Limitation: The office of the Prime Minister of India is a powerful democratic office. Its actual
working depends upon the personal qualities and political status of the person who holds this
office. However no one can convert his office into an authoritarian or dictatorial office. A
person can remain Prime Minister only so long as he follows democratic norms and values.
Office of the Governor
The Governors and Lieutenant Governors/Administrators of the states and union
territories of India have similar powers and functions at the state level as that of
the President of India at Union level. Governors exist in the states while lieutenant
governors exist in union territories and in the National Capital Territory of Delhi. The
governor acts as the nominal head whereas the real power lies with the Chief
ministers of the states and his/her councils of ministers.
In India, a lieutenant governor is in charge of a union territory. Although lieutenant
governors do not hold the same rank as a governor of a state in the list of precedence.
 The governors and lieutenant governors are appointed by the president for a term of

five years.
 Qualifications
 Article 157 and Article 158 of the Constitution of India specify eligibility

requirements for the post of governor. They are as follows:

 A governor must:
 be a citizen of India.
 be at least 35 years of age.
 not be a member of the either house of the parliament or house of the state legislature.
 not hold any office of profit.
 Powers and functions
The primary function of the governor is to preserve, protect and defend the constitution and the
law as incorporated in his/her oath of office under Article 159 of the Indian constitution in the
administration of the State affairs.
Powers of Governor
 (i) executive powers,
 (ii) legislative powers,
 (iii) financial powers,
 (iv) judicial powers, and
 (v) discretionary powers.

Executive Powers:
 The Constitution of India vests the entire executive powers of the State in the Governor who

performs these functions according to the aid and advice of the Council of Ministers with the Chief
Minister as its head. He/ She appoints the Chief Minister and other members of the Council of
Ministers. He/She also appoint persons on important posts such as the Chairpersons and Members
of the State Public Service Commission, State Election Commission, State Finance Commission
and the Advocate General, Judges of the courts, other than the High Court. He/She is consulted
when the Judges of the State High Court are appointed by the President. But in practice, the
Governor’s powers are only formal. He appoints only that person as Chief Minister who is the
Leader of the majority in the Legislative Assembly. He/She appoints Members of the Council of
Ministers only on the advice of the Chief Minister. All other appointments are made and executive
functions are performed by him/ her exactly as per the advice of the Council of Ministers.
Powers and functions
Legislative Powers:
The Governor is an inseparable part of the State Legislature and as such he/she has been given
certain legislative powers. He/ She has the right to summon and prorogue the State Legislature
and can dissolve the State Legislative Assembly. He/She addresses the State Legislative
Assembly or the joint sessions of the two houses of the legislature. A bill passed by the State
Legislature becomes a law or Act only when the Governor gives assent to it.
Financial Powers:
In fact, the budget i.e. ‘the Annual Financial Statement’ of the State is prepared and presented
by the State Finance Minister before the State Legislature, on behalf of the Governor.
Moreover, no money bill can be introduced in the State Legislature without the
recommendations of the Governor. He/She also has control over the State Contingency Fund.
Discretionary Powers:
Such powers, which are exercised by the Governor on his own, are called discretionary
powers. Firstly, if no political party or coalition of parties wins a clear majority in the
Legislative Assembly, he/she can exercise his/her discretion in inviting a person to be the
Chief Minister. Secondly, the Governor acts as a link between the Centre and the State.
He/She can reserve any bill passed by the State Legislature for the consideration of the
President of India. Thirdly, if he/she thinks that the government of the State is not functioning
according to the Constitution, he/she can report to the President. In that case under Article
356, the President’s Rule is imposed, the State Council of Ministers is removed and the State
Legislature is dissolved or put under suspension. During such an emergency, the Governor
rules on behalf of the President.
Position of the Governor
The Governor can dismiss them only when the President’s Rule is imposed. The
Chief Minister is required to communicate to the Governor all the decisions of
the Council of Ministers.
He/She may call for necessary information related to the state administration.
If a Minister individually makes a decision, the Governor may ask the Chief
Minister to place such a matter for consideration of the Council of Ministers. It
is true that the Governor is a nominal head and the real powers are exercised
by the Council of Ministers headed by the Chief Minister.
But it will not be correct to say that the Governor is just a constitutional or
ceremonial head. He/ She can exercise his/her powers effectively under certain
circumstances, especially when there is political instability in the State.
Since he/she is a link between the Centre and the State, he/she becomes very
effective, if the central government sends directions to the State government.
The discretionary powers also make the Governor act as a real executive in
particular circumstances.
He is also called as ‘Gubernator’ means link between central and state.
 Indian Judiciary Article 124 to 147
Indian Judiciary is Independent, impartial and Integrated in nature. The judiciary
is the system of courts that interprets and applies the law. The role of the court
system is to decide cases, including the determination of the relevant facts, then
the determination of the relevant law and the application of the relevant facts to
the relevant law. The Indian Judiciary administers a common law system in
which customs, securities and legislation, all codify the law of the land.
Currently the Indian Judicial system is totally managed and administrated by
the officers of Judicial Service unlikely from history where the ICS officers
were also the part of judicial system. As per the Constitution of India judicial
service in India is among the arm of All India Services but due to various
obstruction the judges appointed through respective state public commission
service or by High Court up to the post of District Judge where as Judges of
High Court & Supreme Court are appointed by President of India on the
recommendation of Collegiums. The Judicial system of India are classified
into three hierarchy with sub part also.
Hierarchy and organization of court system
The Supreme Court of India, also known as the Apex Court is the top and the Chief
Justice of India is the top authority & last appellate court in India followed by High
Courts as top judicial authority in states controlled and managed by Chief Justice of
States with similar power as of SC at some extent and last is District Courts also
known as subordinate court controlled and managed by District & Session Judge under
the full supervision and direction of High Court. The Subordinate court further classified
into two- Civil Court in which Sub-Judge is the head followed by Munsiff at lower,
another is criminal court functioned by Chief Judicial/ Metropolitan Magistrate at top
assisted by ACJM /ACMM & JM/MM at lower level.
The another court is executive & revenue court which are managed and controlled by state
government through District Magistrate & Commissioner respectively. Although the
executive courts are not the part of judiciary but various provision & judgment empower
High Court & Session Judges to inspect or direct the working of executive courts.
The Ministry of Law & Justice have complete jurisdiction to deal with the issues of any
courts of India i.e., from SC to Subordinate & Executive Courts. It also deals with the
appointment of Judges of HC & SC. At the state level, the law departments of states
deals with & address the issues of High Court & Subordinate Court of their respective
states before the Legislative Department and if require then Ministry of Law & Justice
as well.
Supreme Court of India as Indian Judiciary

The supreme court is the highest court of the country or nation, which is
established by the Constitution. According to it, the Supreme Court is a
federal court, guardian of the Constitution and the highest court of
appeal. Articles 124 to 147 of the Constitution lay down the
composition and jurisdiction of the Court. Primarily, it is an appellate
court which takes up appeals against judgments of the High Courts of
the states and territories. However, it also takes writ petitions in cases
of serious human rights violations or any petition filed under Article 32
which is the right to constitutional remedies or if a case involves a
serious issue that needs immediate resolution. It had its inaugural
sitting on 26 January 1950, the day India's constitution came into force.
At present there are 33 judges working along with one chief Justice of
India. All are appointed by the president of India through the
collegiums system.
Chief justice is appointed based on the seniority criteria and all other
judges are appointed based on eligibility.
Eligibility, tenure, oath, Salary and removal
Eligibility:---
 citizen of India not exceeding 65 years age as per Article 124 of the constitution who

has been :
 a judge of one high court or more (continuously), for at least five years,

 an advocate there, for at least ten years,

 a distinguished jurist, in the opinion of the president, power conferred by clause(2) of

article 124 of the Constitution of India. is eligible to be recommended for appointment,

a judge of the supreme court.
Tenure: Supreme court judges retire at the age of 65.
Oath: President administers the oath for Supreme court Justice.
Salary: Article 125 of the Indian constitution leaves it to the Indian parliament to
determine the salary, other allowances, leave of absence, pension, etc. of the supreme
court judges. However, the parliament cannot alter any of these privileges rights to the
judge's disadvantage after his/her appointment.
Removal: Article 124(4) of the constitution, President ca n remove a judge on proved
misbehaviour or incapacity when parliament approves with a majority of the total
membership of each house in favour of impeachment and not less than two thirds of the
members of each house present.
Restriction on practice(A124(7)) and Immunities
Restriction on practice:A Person who has retired as a judge of the supreme court is debarred
from practicing in any court of law or before any other authority in India. However,
Supreme Court and high court judges are appointed to various posts in tribunals and
commissions, after their retirement.
Powers to punish for contempt
Under Articles 129 and 142 of the constitution the supreme court has been vested with
power to punish anyone for contempt of any court in India including itself.
Rules: The Constitution of India under Article 145 empowers the supreme court to frame its
own rules for regulating the practice and procedure of the court as and when required (with
the approval of the president). Accordingly, "Supreme Court Rules, 1950" were framed.
Roster system: The supreme court decided to follow a new roster system from 5 February
2018 for allocation of matters to judges. Under the new roster system, the CJI will hear all
special leave petitions (SLPs), and matters related to public interest, social justice,
elections, arbitration, and criminal matters, among others.
Reporting and citation: Supreme Court Reports is the official journal of reportable supreme
court decisions. It is published under the authority of the Supreme Court of India by the
Controller of Publications, Government of India, Delhi.
Right to Information: In the year 2010, the supreme court filed an appeal before itself
challenging the judgment of the Delhi high court holding that the office of the chief justice
of India came under the ambit of the RTI Act and was liable to reveal information under it.
Jurisdiction and powers of the supreme court
Supreme court of India is the apex judicial authority in India. Under article 141 it has
been stated that the decision of the supreme court is binding upon all the other courts.
It tends to regulate the judicial system of the country in order to maintain public peace
and protect it from any external transgression. Therefore it possesses a very wide
range of powers and functions which are discussed below:
The jurisdiction of the SC is of three types:
 Original

 Appellate

 Advisory

Original Jurisdiction
Under article 131 of the Indian constitution, the supreme court has original jurisdiction in
the following cases
 Constitutional related disputes/cases

 If there is a dispute between the government of India and one or more states

 Between the government of India and any state or states on the one side and one or

more states on the other side/Between two or more states

Appellate Jurisdiction
 The Supreme is the apex judicial authority of appeals and enjoys constitutional, civil

as well as criminal appeals.

powers of the supreme court

Advisory Jurisdiction
Under article 143 it has been stated that the supreme court on many occasions have given
advice to the government as well as the president, if the matter is related to the interest of the
public or if there arises a substantial question of law. The supreme court after the profound
enquiry reports to them.
Courts of record
Under article 129 of the Indian constitution, it has been stated very clearly that the supreme
court of India is a court of record and has the power to punish for contempt itself. A court of
record means the proceedings, decisions or acts of a court which are enrolled for the
evidential matter and for the interminable and testimonial purposes. They are unquestionable
when presented before any other court.
Miscellaneous powers and functions
 Being the supreme judicial authority of the country it protects the constitution and enlighten

us with the provisions of the constitution through its grand vision which is considered to be
final.
 It is the custodian of the fundamental rights. Under article 32 every citizen of India has

the Locus Standi to move to court in order to seek legal remedy if there is any kind of
infringement to the fundamental rights.
 Under article 129 supreme court is the court of record. Its judgment unquestionable and are

accepted by all the lower courts as precedents. Under article 141 the decision of the high
court is considered to be final and binding upon all the lower courts and regarded as law.
 Miscellaneous powers and functions
 If any law is passed by the parliament or the state legislature which does not comply with the
provisions of the Indian constitution or is passed with the jurisdiction which they even do not
possess will be declared void by the supreme court through judicial review.
 The supreme court under article 137 has the power to review its owns judgments
 If new evidence are found
 If a fact which is related to the records of the came to the light
 If there are enough reasons to suffice for a review Supreme court itself states that nothing can
restrain it from reviewing its own decisions if it is satisfied with its effects over the general
public.
 The supreme court is conferred with the power to make rules for carrying out its practice and
procedure.
 The supreme court has the power to appoint its officers and servants. For example, chief
justice of India or the other supreme court judges is appointed by it to carry out its functions.
Though the person has to be qualified for the job.
 Supreme Court under article 129 has the power to punish a person if found guilty of contempt
of court. Contempt of court basically means hampering the proceedings of the court
neglecting its order, defying its authority which ultimately results in disrespect of the court.
The consequences arising out of it includes both the civil or criminal penalties depending
upon the gravity of the consequences.
 Appeals under The Peoples Representation Act 1951 can be filed in the supreme court.
 Administrative Action and Judicial Review

The ambit of judicial review is limited to three grounds in case of administrative

action.
 In the case of unreasonability or irrationality

 Unlawfulness or illegality

 Proportionality and procedural impropriety

Judicial review of a decision matter process whenever it has been depraved through
irrationality and ignorance of such essential factors that no reasonable authority
conferred with the power could have made such a decision, follows the due
procedure of law and through examination takes the relevance of the factors.
Conclusion
 It can be concluded that the supreme court is the apex judicial authority of India.

The supreme court has very wide jurisdiction and it enjoys enormous powers and
functions which it performs for the general interest of the public. It is the protector
of the fundamental rights of an individual and through its grand vision interprets
the provisions of the constitution. It guarantees the socio-economic justice to the
citizens of India and makes laws which are of unquestionable nature and binding
upon all the other courts.

 High courts of States
The Constitution provides for a High Court for each state. However, the Parliament can
by law establish a common High Court for two or more states and a Union Territory.
Composition:
The High Court of a state consists of a Chief Justice and such other judges as the
President of India may deem it necessary for that state.
Qualifications for the Judge of a High Court:
 He should be a citizen of India.

 He must have held a judicial office in the territory of India for at least ten years, or

 He must have been an advocate of a High Court or two or more such courts for at

least ten years.

Method of Appointment of the Judges of a High Court:
The President of India appoints the judges and the Chief Justice of a state High
Court. While appointing the Chief Justice, he consults the Chief Justice of India and
the Governor of the concerned State.
Other aspects
Tenure:
Every judge of a High Court, including the Chief Justice holds office till he
attains the age of 62 years.
Method of Removal:
A judge of a state High Court can be removed by the President on grounds of
proven misbehavior or incapacity when each House of the Union Parliament
passes a resolution (impeachment resolution) to this effect. Such a resolution
has to be passed by each House by a majority of its total membership and a
2/3rd majority of members present and voting.
Transfer of Judges:
The judges of a High Court can be transferred by the President from one High
Court to another after consultations with the Chief Justice of India.
Salary and Allowances: The Chief Justice of a High Court gets a salary of Rs.
90000/- p.m. and the other Judges Rs. 80000/- p.m. They are also entitled to
other allowances and a pension after retirement.
 High Court: Jurisdiction and Functions:
Original Jurisdiction:
The High Courts have been empowered to issue writs in order to enforce fundamental
rights.
Original Jurisdiction in respect of some other Cases:
All High Courts possess original jurisdiction in cases relating to divorce, will,
admiralty and contempt of court.
Appellate Jurisdiction:
Appellate Jurisdiction in Civil Cases
Jurisdiction in Criminal Cases
High Court as the Court of Record:
High Courts, like the Supreme Court of India, are also Courts of Records. The
records of all their judgments can be the basis for deciding cases by the subordinate
courts. Each High Court has the power to punish all cases of its contempt by any
person or institution.
Power of Judicial Review:
Like the Supreme Court of India, each High Court also enjoys the power of Judicial
Review. It has the power to declare any law or ordinance unconstitutional if it is
found to be against the Constitution of India.
Miscellaneous powers
Power of Certification:
In most of the cases decided by a High Court, an appeal can go to the Supreme
Court only when it is certified by the High Court that such an appeal can be made.
Administrative Powers of a High Court:
 (i) It has the power to superintend and control all subordinate courts.
 (ii) It can issue 1 rule regulating the working of subordinate courts.
 (iii) It can ask for the details of the proceedings from subordinate courts.
 (iv) It can transfer any case from one court to another and can even transfer the

case to itself and decide the same.

 (v) It has the power to investigate or enquire into the record or other connected

documents of any court subordinate to it.

 (vi) Each High Court has the power to appoint its administration staff and

determine their salaries, allowances and other conditions of service.

 (vii) The appointment, promotion and posting of the district judges is made by the

Governor in consultation with the High Courts. .

 Position of the State High Court:
The High Courts occupy an important position in the
judicial system of India. These are parts of an integrated
and unified judicial system below the Supreme Court of
India. Each High Court is a creation of the Constitution
and as such it functions in accordance with the
Constitution.
Each High Court enjoys full autonomy of working. These
are under the administrative control of the Supreme Court
but these enjoy full freedom to administer justice. High
Courts have been effectively playing their role in
protecting the Fundamental Rights and the Constitution
from unnecessary restrictions of the government.
Special provisions for some states A370,371
and 371A
Article 370 of the Indian constitution gave special status to Jammu and Kashmir—a
region located in the northern part of Indian subcontinent which was administered by India as
a state from 1954 to 31 October 2019, and a part of the larger region of Kashmir, which has
been the subject of dispute between India, Pakistan, and China since 1947—conferring it with
the power to have a separate constitution, a state flag and autonomy over the internal
administration of the state.
The article was drafted in Part XXI of the Constitution: Temporary, Transitional and Special
Provisions.
This article, along with Article 35A, defined that the Jammu and Kashmir state's residents live
under a separate set of laws, including those related to citizenship, ownership of property,
and fundamental rights, as compared to residents of other Indian states. As a result of this
provision, Indian citizens from other states could not purchase land or property in Jammu &
Kashmir.
On 5 August 2019, the Government of India issued a constitutional order superseding the 1954
order, and making all the provisions of the Indian constitution applicable to Jammu and
Kashmir based on the resolution passed in both houses of India's parliament with 2/3 majority.
In addition, the Jammu and Kashmir Reorganization Act was passed by the parliament,
enacting the division the state of Jammu and Kashmir into two union territories to be called
Union Territory of Jammu and Kashmir and Union Territory of Ladakh. The reorganization
took place on 31 October 2019.
Provisions enjoyed under A 370
In the case of Jammu and Kashmir, the 'Union List' and the 'Concurrent
List' were initially limited to the matters ceded in the Instrument of
Accession; later, they were extended with the concurrence of the State
Government. The 'residual powers' continued to rest with the State rather
than the Union. According to the State Autonomy Committee, ninety-four
of the ninety-seven items in the Union List applied to Jammu and
Kashmir; the provisions of the Central Bureau of Intelligence and
Investigation and preventive detention did not apply. Of the 'Concurrent
List', twenty-six of the forty-seven items applied to Jammu and Kashmir;
the items of marriage and divorce, infants and minors, transfer of property
other than agricultural land, contracts and torts, bankruptcy, trusts, courts,
family planning and charities had been omitted – i.e., the State had
exclusive right to legislate on those matters. The right to legislate on
elections to state bodies also rested with the State.
Along with these , residents of Jammu and Kashmir were given special
provisions for economic, social, employment, education opportunities.
Special provisions for some states A 371 and
371A
States that have special provisions under Article 371(A):
Article 371 – Maharashtra and Gujarat
Governors of the states of Maharashtra and Gujarat are given special
responsibilities to set up development boards in regions such as Vidarbha,
Marathwada, Kutch etc.
Article 371A – Nagaland, Assam and some of the north eastern provinces.
Article 371A of the Constitution mainly states that no act of Parliament would
apply to the state of Nagaland in matter relating to religious or social practices
of Nagas, Naga customary law and procedure, administration of civil or
criminal justice involving decisions according to Naga customary law and
ownership and transfer of land and its resources. The Legislative Assembly of
Nagaland must pass a resolution for an act to be applicable to the state.
The governor is given special responsibilities with respect to law and order in
the state as well.