UNIT- III:ORGANS OF GOVERNANCE

Parliament – Composition – Qualifications and

disqualifications– Powers and functions – Executive President –
Governor – Council of Ministers – Judiciary, Appointment and
transfer of judges, Qualifications powers and functions.

Separation of Powers in the Indian Constitution - Relationship

between Executive, Legislature and Judiciary
The three branches of the government are the executive, the
legislature and the judiciary. Although the three have distinct
functions to perform, their scope sometimes meet.

Separation of Powers
In India, a separation of functions rather than of powers is
followed. Unlike in the US, in India, the concept of separation of
powers is not adhered to strictly. However, a system of checks and
balances have been put in place in such a manner that the judiciary
has the power to strike down any unconstitutional laws passed by the
legislature. 
Today, most of the constitutional systems do not have a strict
separation of powers between the various organs in the classical sense
because it is impractical. In the following sections, we will see the
prevailing system in India, what the relationship between each organ
is, and the constitutional provisions thereof.
Before proceeding with the relationships, let us examine in brief what
the functions of each organ of the government are.

What is the Legislature?

The chief function of the legislature is to enact laws.
  It is the basis for the functioning of the other two organs, the
executive and the judiciary.
 It is also sometimes accorded the first place among the three
organs because until and unless laws are enacted, there can be no
implementation and application of laws.
What is the Executive?
The executive is the organ that implements the laws enacted by the
legislature and enforces the will of the state.
 It is the administrative head of the government.
 Ministers including the Prime/Chief Ministers and
President/Governors form part of the executive.
What is the Judiciary?
The judiciary is that branch of the government that interprets the law,
settles disputes and administers justice to all citizens. 
 The judiciary is considered the watchdog of democracy, and also
the guardian of the Constitution.
 It comprises of the Supreme Court, the High Courts, District and
other subordinate courts.
Parliament
The Parliament of India is the supreme legislative body of the
Republic of India. 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).
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.
Those elected or nominated (by the President) to either house of
Parliament are referred to as Members of Parliament (MP).
The Members of Parliament, Lok Sabha are directly elected by the
Indian public voting in Single-member districts and the Members of
Parliament (MP election), Rajya Sabha are elected by the members of
all State Legislative Assembly (MLA)by proportional representation.
The Parliament has a sanctioned strength of 543 in Lok Sabha and
245 in Rajya Sabha including the 12 nominees from the expertise of
different fields of science, culture, art and history. The Parliament
meets at Sansad Bhavan in New Delhi.
Parliament House
The Parliament House (Sansad Bhavan) is located in New Delhi. It
was designed by Edwin Lutyens and Herbert Baker, who were
responsible for planning and construction of New Delhi by British
government. The construction of building took six years and the
opening ceremony was performed on 18 January 1927 by the then
Viceroy and Governor-General of India, Lord Irwin. The construction
costs for the building were ₹8.3 million (US$120,000). The
parliament is 21 metres (70 ft) tall, 170 metres (560 ft) in diameter
and covers an area of 2.4 hectares (6 acres). The Central Hall consists
of the chambers of Lok Sabha, Rajya Sabha, and the Library hall.
Surrounding these three chambers is the four-storeyed circular
structure providing accommodations for members and houses
Parliamentary committees, offices and the Ministry of Parliamentary
Affairs.
 President of India
The President of India, the head of state, is a component of
Parliament. Under Article 60 and Article 111, the President's
responsibility is to ensure that laws passed by the Parliament are in
accordance with the constitutional mandate and that the stipulated
procedure is followed before according his/her approval to the bills.
The President of India is elected by the elected members of
Parliament of India and the state legislatures and serves for a term of 5
years.
The Indian President is the head of the state and he is also called
the first citizen of India. He is a part of Union Executive, provisions
of which are dealt with Article 52-78 including articles related to
President (Article 52-62). Under these articles, information on how a
President is elected, his powers and functions, and also his
impeachment process is given.
Who is President of India?
The Indian President is the head of the state. He is the first citizen of
India and is a symbol of solidarity, unity, and integrity of the
nation. He is a part of Union Executive along with the Vice-
President, Prime Minister, Council of Ministers, and Attorney-
General of India.
How is President elected?
There is no direct election for the Indian President. An electoral
college elects him. The electoral college responsible for President’s
elections comprises elected members of:
1. Lok Sabha and Rajya Sabha
2. Legislative Assemblies of the states (Legislative Councils have
no role)
3. Legislative Assemblies of the Union Territories of Delhi and
Puducherry
Note:
 The value of the vote of an MLA is given below:

 The value of the vote of an MP is given below:

Who does not take part in the President’s elections?
The following group of people is not involved in electing the
President of India:
1. Nominated Members of Lok Sabha (2) and Rajya Sabha (12)
2. Nominated Members of State Legislative Assemblies
3. Members of Legislative Councils (Both elected and nominated)
in bicameral legislatures
4. Nominated Members of union territories of Delhi and
Puducherry
What is the term of the President’s office?
Once President is elected, he holds office for five years. He sits in the
office even after the completion of five years given no new election
has taken place or no new President has been elected till then. He can
also be re-elected and there is no cap on his re-election.
What are the qualifications of the President?
A candidate has to meet some qualifications to be elected as the
president. Those qualifications of the President are:
1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the
Lok Sabha
4. He should not hold any office of profit under the central
government, state government, or any public authority
What are the conditions of the President’s office?
There are a few conditions for the candidate running for the
President’s elections:
 1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has
been a member of either of the house, he should vacate the seat
on his first day as President in the office
2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without
the payment of rent
4. Parliament decides his emoluments, allowances and privileges
5. Parliament cannot diminish his emoluments and allowances
during his term of office
6. He is given immunity from any criminal proceedings, even in
respect of his personal acts
7. Arrest or imprisonment of the President cannot take place. Only
civil proceedings can be initiated for his personal acts that too
after giving two months’ of prior notice.
What is the procedure for impeachment of a President?
The only condition for the initiation of impeachment of the Indian
president is the ‘violation of the constitution.’
Note: Indian Constitution contains no definition of ‘violation of the
constitution.’
The impeachment process of President is given below. (We have
taken Lok Sabha as the first house to initiate the impeachment
charges, however, Rajya Sabha too can initiate the impeachment
charges against President and in that case, it will pass the resolution
and send the charges to Lok Sabha which will investigate and pass it
if it finds those charges valid.)
Can the President’s office be vacant?
Yes, his office can be vacant in the following ways:
1. When the President of India completes his term of five years in
the office
2. If the President resigns by putting forward his resignation to
the Vice-President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and
they stand valid, he is removed
4. If he dies in the office
5. If the Supreme Court declares his election invalid
Note: Vice-President discharges the duties as President; if the latter’s
office falls vacant in the circumstances mentioned above, except by
the expiry of the term. As per the President’s Act 1969; if the Vice-
President office is vacant too, Chief Justice of India (CJI) (or in his
absence); Supreme Court’s senior-most judge, discharge the functions
of the President (till new President is elected.)
What are the powers and functions of the President of India?
Executive Powers of President

1. For every executive action that the Indian government takes, is to

be taken in his name
2. He may/may not make rules to simplify the transaction of
business of the central government
3. He appoints the attorney general of India and determines his
remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election
Commissioners
3. Chairman and members of the Union Public Service
Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of
ministers, any matter on which a decision has been taken by a
minister but, which has not been considered by the council
7. He appoints National Commissions of:
1. Scheduled Castes
2. Scheduled Tribes
3. Other Backward Classes
8. He appoints inter-state council
9. He appoints administrators of union territories
 10. He can declare any area as a scheduled area and has powers
with respect to the administration of scheduled areas and tribal
areas
Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok

Sabha
2. He summons a joint sitting of Lok Sabha and Rajya Sabha in
case of deadlock
3. He addresses the Indian Parliament at the commencement of the
first session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall
vacant
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-
Indian Community
7. He consults the Election Commission of India on questions of
disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.
Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-
requisite
4. Contingency Fund of India is under his control
 5. He constitutes the Finance Commission every five years
Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court

Judges are on him
2. He takes advice from the Supreme Court, however, the advice is
not binding on him
3. He has pardoning power: Under article 72, he has been
conferred with power to grant pardon against punishment for an
offence against union law, punishment by a martial court, or
death sentence.
Note: Pardoning powers of the president includes the following types:
 Pardon with the grant of pardon convicts both conviction and
sentence completely absolved
 Commutation  with this nature of the punishment of the convict
can be changed
 Remission reduces the term of the imprisonment
 Respite  awards lesser punishment than original punishment by
looking at the special condition of a convict
 Reprieve stays the execution of the awarded sentence for a
temporary period
Diplomatic Powers of President

1. International Treaties and agreements that are approved by the

Parliament are negotiated and concluded in his name
2. He is the representative of India in international forums and
affairs
Military Powers of President
He is the commander of the defence forces of India. He appoints:
 1. Chief of the Army
2. Chief of the Navy
3. Chief of the Air Force
Emergency Powers of President
He deals with three types of emergencies given in the Indian
Constitution:
1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)
What is the Ordinance Making Power of the President?
Article 123 deals with the ordinance making power of the President.
The President has many legislative powers and this power is one of
them. He promulgates an ordinance on the recommendation of the
union cabinet.
What is the Veto Power of the President?
When a bill is introduced in the Parliament, Parliament can pass the
bill and before the bill becomes an act, it has to be presented to the
Indian President for his approval. It is on the President of India to
either reject the bill, return the bill or withhold his assent to the bill.
The choice of the President over the bill is called his veto power. The
Veto Power of the President of India is guided by Article 111 of the
Indian Constitution.

List of Indian Presidents (1950-2021)

The Constitution of India was adopted on 26th November 1949
(It came into force on 26th January 1950) and Dr Rajendra Prasad was
elected as the first constitutional head of the state, the President of
India. 
 Pranab Mukherjee, the 13th President of India, completed his
term in July 2017. Though he was eligible, he did not contest for re-
election. As a result, Ram Nath Kovind on July 25th, 2017, became
the 14th Indian President, appointed by the electoral college. 
Name Tenure Description
Rajendra Prasad 13 May 1952  He was elected twice as the
– 13 May president
1957  He was also the president of
13 May 1957 the constituent assembly
– 13 May before being elected for this
1962 post.
Sarvepalli 13 May 1962  Radhakrishnan was a
Radhakrishnan – 13 May prominent philosopher and
1967 writer.
 He also held the position of
vice-chancellor of the Andhra
University and Banaras
Hindu University.
Zakir Hussain 13 May 1967  He was the recipient of
– 3 May 1969 Padma Vibhushan and Bharat
Ratna.
 He was the shortest-serving
president and passed away in
office.
Varahagiri 3 May 1969 –  He was elected Vice
Venkata Giri 20 July 1969 President of India in 1967.
24 August  He served as the president for
1969 – 24 a short term due to the
August 1974 sudden death of Zakir
Hussain in office.
Fakhruddin Ali 24 August  He was the president during
Ahmed 1974 – 11 Emergency.
February  He was the second president
1977 who died in office.
Neelam Sanjiva 25 July 1977  He was the first Chief
Reddy – 25 July Minister of Andhra Pradesh.
1982  He became the youngest
President who occupied
Rashtrapati Bhavan and
contested twice for the post
of president.
Zail Singh 25 July 1982  He was the Chief Minister of
– 25 July Punjab and the Union Home
1987 Minister
Ramaswamy 25 July 1987  He is a receiver of “Tamra
Venkataraman – 25 July Patra” for his contributions to
1992 India’s freedom struggle.
Shankar Dayal 25 July 1992  He was Chief Minister of
Sharma – 25 July Madhya Pradesh and the
1997 Indian Minister for
Communications.
Kocheril Raman 25 July 1997  He served as India’s
Narayanan – 25 July ambassador to Thailand,
2002 Turkey, China and the United
States of America.
Avul Pakir 25 July 2002  He played a leading role in
Jainulabdeen – 25 July the development of India’s
Abdul Kalam 2007 ballistic missile and nuclear
weapons programs.
  He was also a Bharat Ratna
recipient.
Pratibha Patil 25 July 2007  She was the first woman
– 25 July president of India.
2012
Pranab 25 July – 25  He was awarded the best
Mukherjee July 2017 Parliamentary Award in
1997.
 He also received Padma
Vibhushan in 2008
Ram Nath Kovind 25 July 2017  He served as the Governor of
– Incumbent Bihar.

Rajya Sabha
 Rajya Sabha (Council of States) or the upper house is a
permanent body not subject to dissolution.
 One third of the members retire every second year, and are
replaced by newly elected members.
 Each member is elected for a term of six years. Its members are
indirectly elected by members of legislative bodies of the states.
The Rajya Sabha can have a maximum of 250 members.
 It currently has a sanctioned strength of 245 members, of which
233 are elected from States and Union Territories and 12
are nominated by the President.
 The number of members from a state depends on its population.
The minimum age for a person to become a member of Rajya
Sabha is 30 years.
Rajya Sabha is the upper house of the parliament and is termed as
House of Elders in Indian Parliament.
 Rajya Sabha is the second chamber of the parliament and represents
the states and union territories of the nation. It is empowered to
protect the interests of the states and union territories if there is an
interference by the centre in their work.
Composition of Rajya Sabha:
Composition of Rajya Sabha
Maximum Strength – 250 230 represent States & Union Territories
12 are nominated by the president
Current Strength – 245 229 members represent the states
4 members represent the union territories
12 members are nominated by the president
Note: Fourth Schedule of Indian Constitution deals with allocation of seats in
Rajya Sabha

How are the Rajya Sabha members elected?

Rajya Sabha Members are elected by the elected members of state
legislative assemblies using a method of proportional representation.
Note: Representation of States in Rajya Sabha is not equal. It depends
on its population. State with a larger population will have more
number of seats in Rajya Sabha than those with a lesser population.
Rajya Sabha Elections
There are three types of representation in Rajya Sabha :
Representation of States in Rajya Sabha:
 Members are elected by the elected members of state
legislative assemblies
  Election Principle used – Proportional Representation by means
of Single Transferable Vote
 The population of the state is a factor that decides the

representation of states in Rajya Sabha

Representation of Union Territories in Rajya Sabha:
 Members of Rajya Sabha belonging to Union Territories
are indirectly elected by members of an electoral college, that
is constituted for this purpose
 Election Principle used – Proportional Representation by means

of Single Transferable Vote

Note: Out of 8 union territories, Delhi, Puducherry and Jammu and
Kashmir have representation in Rajya Sabha.
Representation of Nominated Members in Rajya Sabha:
12 people are nominated by the President in Rajya Sabha for their
contribution and expertise in the fields of:
 Art
 Literature
 Science
 Social Service
Can Rajya Sabha get dissolved?
Rajya Sabha is a permanent body and also called a ‘continuing
chamber.’ Unlike Lok Sabha which usually runs for 5 years and the
fresh elections are taken up, Rajya Sabha has no specific tenure and it
keeps on running. Therefore, it is never dissolved.
Note:
 Every second year, one-third of its members retire. For the
vacant seats, fresh elections take place. However, nominations
are taken up at the beginning of the third year.
  Representation of the People Act, 1951 authorizes the President
to make provisions to govern the order of retirement of the
members of the Rajya Sabha.
Who is Rajya Sabha Chairman & Deputy Chairman?
Indian Vice-President is an ex-officio chairman of Rajya
Sabha while the deputy chairman of Rajya Sabha is one who is
elected from amongst Rajya Sabha members. The details on Rajya
Sabha Chairman and Deputy Chairman are given in the table below:
Details Rajya Sabha Rajya Sabha Deputy
Chairman Chairman

Role He presides the upper He presides the upper house

house whenever given-below
conditions arise:

 Seat of chairman falls

vacant
 When Chairman/Vice-

President has to act as

President
 When Chairman is absent

from the sitting

Note: In all three cases, Deputy
Chairman of Rajya Sabha has all
the powers of Chairman of
Rajya Sabha
Removal He can be removed as He can be removed by a
the chairman of Rajya resolution passed by a majority
Sabha only when he is of all the members of the Rajya
 removed from the seat Sabha
of Vice-President of
Note: The resolution to remove
India him can be moved only after
Note: While the giving 14 days’ advance notice
resolution is moved,
he can’t preside the
house as chairman,
though he can be a
part of the house,
speak in the house
Is he a No Yes
member
of the
house?

Can he He cannot vote in the When he presides as the

vote in the first instance chairman, he too cannot vote in
house? the first instance but can
Note: He can vote in
the case of an equality exercise casting vote in case of a
of votes tie
Note: When Chairman is
present in the house, Deputy
Chairman is an ordinary
member in the house and can
speak, participate in proceedings
and even vote in the questions
of house
Salary Fixed by Parliament Fixed by Parliament
 Note: His salary is Note: His salary is charged on
charged on the Consolidated Fund of India
Consolidated Fund of
India. (Read more
about funds of India in
the linked article)
Note: When Chairman
of the house has to act
as President of India,
he is not entitled to a
salary of Chairman of
Rajya Sabha but of
President of India

Qualifications
Article 84 of the Constitution lays down the qualifications for
membership of Parliament.  A person to be qualified for the
membership of the Rajya Sabha should posses the following
qualifications:
1. he must be a citizen of India and make and subscribe before
some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out
for the purpose in the Third Schedule to the Constitution;
2. he must be not less than 30 years of age;
3. he must possess such other qualifications as may be prescribed in
that behalf by or under any law made by Parliament.
Disqualifications
Article 102 of the Constitution lays down that a person shall be
disqualified for being chosen as, and for being, a member of either
House of Parliament –
 1. if he holds any office of profit under the Government of India or
the Government of any State, other than an office declared by
Parliament by law not to disqualify its holder;
2. if he is of unsound mind and stands so declared by a competent
court;
3. if he is an undischarged insolvent;
4. if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement
of allegiance or adherence to a foreign State;
5. if he is so disqualified by or under any law made by Parliament. 

Lok Sabha
Lok Sabha (House of the People) or the lower house has 543
members. 543 members are directly elected by citizens of India on the
basis of universal adult franchise (Art 326) representing
Parliamentary constituencies across the country.
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. Every citizen of
India who is over 18 years of age, irrespective of gender, caste,
religion, or race and is otherwise not disqualified, is eligible to vote
for the Lok Sabha. The Constitution provides that the maximum
strength of the House be 552 members. It has a term of five years. To
be eligible for membership in the Lok Sabha, a person must be a
citizen of India and must be 25 years of age or older, mentally sound,
should not be bankrupt, and should not be criminally convicted. The
total elective membership is distributed among the states in such a
way that the ratio between the number of seats allotted to each state
and the population of the state is, so far as practicable, the same for all
states.
Composition of Lok Sabha:
Composition of Lok Sabha
Maximum Strength 530 represent the States
– 552
20 are the representatives of Union Territories
2 are nominated by the President from Anglo-
Indian Community
Current Strength – 530 represent States
545
13 represent Union Territories
2 are nominated from the President from
Anglo-Indian Community

Lok Sabha Elections

The members of Parliament (MPs) are elected/appointed from
states, union territories or are appointed from a field of particular
expertise. The elections to Lok Sabha occur every 5 years in the name
of general elections. The Indian Constitution has adopted universal
adult franchise as a basis of elections to the Lok Sabha and the state
legislative assemblies.

Representation of States in Lok Sabha:

 Members are directly elected by the people from the territorial
constituencies in the states
 Election Principle used – Universal Adult Franchise
  Eligibility to Vote: Any Indian Citizen of/above 18 years of age
Note: Voting age was reduced from 21 to 18 years by the 61st
Constitutional Amendment Act, 1988.
Representation of Union Territories in Lok Sabha:
 Parliament is empowered to choose the members from the UTs
in any manner as it desires
 Election Principle used – Direct Election

Note: Union Territories (Direct Election to the House of the

People) Act, 1965, has been enacted by which the members of Lok
Sabha from the union territories are chosen by direct election.
Representation of Nominated Members in Lok Sabha:
President nominates 2 members from Anglo-Indian Community if
they are not adequately represented.
Note: The provision to nominate Anglo-Indians was extended till
2020 by 95th Amendment Act, 2009.
Facts about Lok Sabha elections for UPSC
 1st Lok Sabha Election took place in 1952. There were 489 seats
elected. Congress won 364 out of 489 seats. Jawaharlal Nehru
became the first Prime Minister.
 2019 Lok Sabha elections were country’s 17th General Elections.
Elections took place for 552 seats. BJP won 303 seats out of 552.
Narendra Modi is the Prime Minister.
 In 1952, only 22 women were elected while in 2014, 49 women
candidates were elected.
 Elections to Lok Sabha are carried out using a first-past-the-post
electoral system.
Who is Lok Sabha Speaker?
The speaker of Lok Sabha is a member who elected from amongst the
members of the house. He chairs the house and no proceedings in the
house take place in his absence.
Facts about Lok Sabha Speaker for UPSC:
 1st Lok Sabha Speaker – Ganesh Vasudev Mavalankar (1952-
1956) (died in the office)
 Ananthasayanam Ayyanagar was elected as Lok Sabha
Speaker in 1956 who worked till 1957
 After 16th Lok Sabha elections, Ms Sumitra Mahajan was
elected as the Lok Sabha speaker
 Following 17th Lok Sabha elections (2019 General Elections),
Om Birla is the speaker of Lok Sabha.
Articles Provision
Article 326 Elections to Lok Sabha shall be on the basis of adult
(Part XV) suffrage
Article 83 Lok Sabha will continue for 5 years, unless sooner
(2) dissolved, from the date appointed for its first meeting
and no longer and the expiration of the said period of
five years shall operate as a dissolution of the House
Article 75 Council of Ministers are collectively responsible to Lok
Sabha
Article 324 Power, superintendence of Election Commission w.r.t.
Lok Sabha elections and more
What are the important amendments acts related to Lok Sabha?
The following table provides the list of important amendment acts and
their relationship with Lok Sabha:
Amendment Amended Provisions w.r.t. Lok Sabha
Act

2nd Amendment Readjusted the scale of representation in the Lok

Act, 1952 Sabha

23rd Extended the reservation of seats for the SCs and

Amendment STs, and special representation for the Anglo-
Act, 1969 Indians in the Lok Sabha for a further period of ten
years (i.e., up to 1980)

31st Increased the number of Lok Sabha seats from 525

Amendment to 545
Act, 1972

41st  Froze the seats in the Lok Sabha and state

Amendment legislative assemblies on the basis of 1971
Act, 1976 census till 2001
 Raised the tenure of Lok Sabha and state
legislative assemblies from 5 to 6 years

44th  Restored the original term of the Lok Sabha

Amendment and the state legislative assemblies (i.e., 5
Act, 1978 years)
 Omitted the provisions which took away the
power of the court to decide the election
disputes of the Lok Sabha Speaker
45th Extended the reservation of seats for the SCs and
Amendment STs and special representation for the Anglo-
Act, 1980 Indians in the Lok Sabha

51st Provided for reservation of seats in the Lok Sabha

Amendment for STs in Meghalaya, Arunachal Pradesh,
Act, 1984 Nagaland and Mizoram

61st Reduced the voting age from 21 years to 18 years

Amendment for the Lok Sabha
Act, 1989

62nd Extended the reservation of seats for the SCs and

Amendment STs and special representation for the Anglo-
Act, 1989 Indians in the Lok Sabha

79th Extended the reservation of seats for the SCs and

Amendment STs and special representation for the Anglo-
Act, 1999 Indians in the Lok Sabha

84th Extended the ban on the readjustment of seats in

Amendment the Lok Sabha for another 25 years (i.e., up to
Act, 2001 2026) with the same objective of encouraging
population limiting measures

91st Article 75(1A): The total number of ministers,

Amendment including the Prime Minister, in the Central
Act, 2003 Council of Ministers, shall not exceed 15% of the
 total strength of the Lok Sabha

95th Article 334: Extended the reservation of seats for

Amendment the SCs and STs and special representation for the
Act, 2009 Anglo-Indians in the Lok Sabha for a further period
of ten years i.e., up to 2020

Governor - Power, Tenure, Qualifications, Appointment -

Governor - Power, Tenure, Qualifications, Appointment
The state executive is made up of the Governor, Chief Minister,
Council of Ministers, and Advocate-General of State. Governor, as
President, heads the state government. Article 153-167 in the Indian
Constitution deal with the provisions related to the state governments
of the country.
Governor is a titular head or constitutional head and at the same time,
he is the agent of the centre as the union government nominates
Governor in each state. 

Who is a Governor?
Governor is a nominal executive head of the state. He forms an
important part of the state executive where he acts as the chief
executive head. Central Government nominates the governor for each
state.
How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant
under his hand and seal. Central Government is responsible to
nominate the governor for each state.
Note:
 Unlike elections of President, there is no direct or indirect
election for the post of Governor.
 The office of a governor is not a part of the union executive and
is an independent constitutional office. The governor doesn’t
serve the union government and neither is subordinate to it.
 The nomination of a governor by the Union and his appointment
by the President in India is based on the Canadian model of
government.
What is the term of the Governor’s office?
Since the Governor holds the office under the pleasure of the
President, his office has no fixed term. President can remove the
Governor and the grounds upon which he may be removed are not
laid down in the constitution.
Governor may also get transferred from one state to another by the
President. He also can be reappointed.
Note:
 An interregnum is not allowed; following which a Governor may
sit in the office beyond 5 years (expiry of the term) till the new
governor assumes the charge of the office.
 On President’s discretion, the Chief Justice of the High Court of
the concerned state can also be appointed as the Governor on a
temporary basis when and how the President thinks fit. (Example
– On the governor’s death, Chief Justice of HC can be appointed
as the governor.)
Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha members or even in the case
of Prime Minister or President who have a set of qualifications to
meet to hold the office; Governor has to meet only two qualifications:
1. He should be an Indian Citizen
2. He should be 35 years old or more
Note: There are two conventions that the government follows before
nominating a person as a Governor:
1. That person is not appointed as the governor who belongs to the
state. He shall be an outsider having no relation with the state he
is being appointed to.
2. Consultation of the Chief Minister is taken by the President
before appointing a governor
It should also be noted that both the above conventions are not
absolute and have been ignored by the union government in many
instances.
What are the conditions of his office?
There are a few conditions for a person to be appointed as a Governor:
1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has
been a member of either of the house, he should vacate the seat
on his first day as Governor in the office.
2. He should not hold any office of profit.
3. For his residence, Raj Bhavan is provided to him without the
payment of rent.
4. Parliament decides his emoluments, allowances, and privileges.
5. When a governor is responsible for two or more states, the
emoluments and allowances payable to him are shared by the
states in such proportion as the President may determine.
 6. Parliament cannot diminish his emoluments and allowances
during his term of office.
7. He is given immunity from any criminal proceedings, even in
respect of his personal acts
8. Arrest or imprisonment of the Governor cannot take place. Only
civil proceedings can be initiated for his personal acts that too
after giving two months’ of prior notice.
What are the powers and functions of the Governor?
Executive Powers of the Governor
The following comes under his executive powers:
1. Every executive action that the state government takes, is to be
taken in his name.
2. How an order that has been taken up his name is to be
authenticated, the rules for the same can be specified by the
Governor.
3. He may/may not make rules to simplify the transaction of the
business of the state government.
4. Chief Ministers and other ministers of the states are appointed by
him.
5. It is his responsibility to appoint Tribal Welfare Minister in the
states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their
remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service
Commission
 3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the
President by him.
10. The governor enjoys extensive executive powers as an agent
of the President during the President’s rule in the state.
Legislative Powers of the Governor
The following are the legislative powers of the governor:
1. It’s in his power to prorogue the state legislature and dissolve the
state legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may
not send a bill to the state legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same
is Deputy Speaker, then Governor appoints a person to preside
over the session
5. As President nominates 12 members in Rajya Sabha, Governor
appoints ⅙ of the total members of the legislative council from
the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor
nominates 1 member in state legislative assembly from Anglo-
Indian Community.
7. He can consult Election Commission for the disqualification of
members
8. With respect to the bill introduced in the state legislature, he can:

 Give his assent

  Withhold his assent
 Return the bill
 Reserve the bill for the President’s consideration (In
instances where the bill introduced in the state legislature
endangers the position of state High Court.)
Financial Powers of the Governor
The following are the financial powers and functions of the Governor:
1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction
of money bill in the state legislature
3. He recommends for the demand for grants which otherwise
cannot be given
4. Contingency Fund of State is under him and he makes advances
out that to meet unforeseen expenditure.
5. State Finance Commission is constituted every five years by him.
(Read about the Finance Commission of India in the linked
article.)
Judicial Powers of the Governor
The following are the judicial powers and functions of the Governor:
1. He has the following pardoning powers against punishment:
1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High
Court.
3. In consultation with the state High Court, Governor makes
appointments, postings, and promotions of the district judges.
 4. In consultation with the state high court and state public service
commission, he also appoints persons to the judicial services.
What is the Constitutional Position of Governor?
The Constitutional Position of the governor can be understood by the
following articles:
Constitutional Position of the Governor

Article Provision

Article He is the executive head of the state. All the executive

154 functions will be performed by him or by the officers
subordinate to him in accordance with the Constitution

Article He will be aided and advised by the Chief Minister and

163 Council of Ministers unless he is performing a function
at his discretion
Note:
 The power to act at his own discretion is a power that
is not given to the President.
 42nd Amendment Act made the advice of the Council
of Ministers’ binding on the President but not on the
Governor in state

Article Council of Ministers are collectively responsible to the state

164 legislative assembly
Note: This provision is the foundation of the state
parliamentary system
The Constitution has mentioned the authority of the governor to
decide the validity of his actions taken at his own discretion in
circumstances where his actions are called into action.
Governor’s Discretionary Powers
The Governor of state, unlike the President of India, is conferred with
power to act at his own discretion. There are two categories of
discretion for the governor. One is Constitutional Discretion and the
other is Situational Discretion.
Important Constitutional Articles related to the Governor

Articles Provisions

153 Governors of states

155 Appointment of Governor

156 Term of office of Governor

157 Qualifications for appointment as Governor

158 Conditions of Governor’s office

160 Discharge of the functions of the Governor in certain

contingencies

161 Power of the Governor to grant pardons and others

175 Right of the Governor to address and send messages to the

 house or houses of the state legislature

176 Special address by the Governor

201 Bills reserved by the Governor for consideration of the

President

213 Power of Governor to promulgate ordinances

217 Governor is consulted by the President in the matter of the

appointments of the judges of the High Courts

233 Appointment of district judges by the Governor

234 Appointments of persons (other than district judges) to the

judicial service of the state by the Governor

Prime Minister & Council of Ministers - Power & Function of

Prime Minister
Article 75 of the Indian Constitution mentions that a Prime
Minister is one who is appointed by the President. There is no specific
procedure for his election or appointment. Article 74(1) states that
there shall be a Council of Ministers with a Prime Minister at the head
to aid and advise the President. Thus, the Indian Constitution itself
recognizes a Council of Ministers.

Is Prime Minister of India elected or appointed?

 President of India appoints a person as the Prime Minister who is
either the leader of the party which holds a majority of seats in the
Lok Sabha or is a person who is able to win the confidence of the Lok
Sabha by gaining the support of other political parties. All other
ministers are appointed by the President on the advice of the Prime
Minister.
Note: President can also appoint Prime Minister on his own discretion
but only when no party has a clear majority in the Lok Sabha. 
Prime Ministers of India List
In 72 years of independence, India has got its 19 Prime Ministers. The
list of Prime Ministers of India along with the period they served in
the office, is given in the table below:
S.No Prime Minister Period
1 Pandit Jawaharlal 15th Aug 1947- 27th May 1964
Nehru
2 Gulzarilal Nanda 27th May 1964- 9th Jun 1964
(interim)
3 Lal Bahadur Shastri 9th June 1964 -11th January 1966
4 Gulzarilal Nanda 11th January 1966- 24th January
1966
5 Indira Gandhi 24th January 1966- 24th March 1977
6 Morarji Desai 24th March 1977- 28th July 1979
7 Charan Singh 28th July 1979- 14th January 1980
8 Indira Gandhi 14th January 1980- 31st October
1984
9 Rajiv Gandhi 31st October 1984- 2nd December
1989
10 Vishwa Pratap Singh 2nd December 1989- 10th November
1990
11 Chandra Shekhar 10th November 1990-21st June 1991
12 P. V Narasimha Rao 21st June 1991- 16th May 1996
13 Atal Bihari Vajpayee 16th May 1996-1st June 1996
14 H. D Deve Gowda 1st June 1996- 21st April 1997
15 Inder Kumar Gujral 21st April 1997- 18th March 1998
16 Atal Bihari Vajpayee 18th March 1998- 22nd May 2004
17 Dr Manmohan Singh 22nd May 2004 -17th May 2014
18 Narendra Modi 26th May 2014 -23rd May 2019
19 Narendra Modi 30th May 2019 -Incumbent

Power and Function of Prime Minister

Prime Minister of India serves the country by following various
functions. He performs his functions taking responsibilities as:
 The leader of Country: The Prime Minister of India is the Head
of the Government of India.
 Portfolio allocation: The Prime Minister has the authority to
assign portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman
of the cabinet and presides the meetings of the Cabinet. He can
 impose his decision if there is a crucial opinion difference among
the members.
 Official Representative of the country: Prime minister
represents the country for high-level international meetings
 The link between the President and the Cabinet: The Prime
Minister acts as the link between President and cabinet. He
communicates all decisions of the Cabinet to the President which
is related to the administration of the affairs of the Union and
proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command
Authority, NITI Aayog, Appointments Committee of the
Cabinet, Department of Atomic Energy, Department of Space
and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President
Who is eligible to be a Prime Minister?
To become an Indian prime minister one has to be

 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the
Rajya Sabha or can be 25 years of age if he is a member of the
Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal
Nehru, the Prime Minister is treated at a much higher pedestal. His
preeminence rests on his commanding position in the Cabinet,
coupled with fact that he is the leader of the majority party.
All these positions of power when combined in one person make him
rank much above an ordinary Minister. The death or resignation of the
Prime Minister automatically brings about the dissolution of the
Council of Ministers. It generates a vacuum. The demise, resignation
or dismissal of a Minister creates only a vacancy which the Prime
Minister may or may not like to fill. The Government cannot function
without a Prime Minister but the absence of a Minister can be easily
compensated.

Relationship between the Prime Minister and the President of

India
There are a few articles in the Indian Constitution that deal with the
relationship both Prime Minister and the President share with each
other. The articles are:

 Article 74
 Article 75
 Article 78
Articles Relationship between Prime Minister and the President

 74 Mentions how the Prime Minister and President are both
connected with the council of ministers. The Council with
PM as head advise President on various issues.

75 Mentions three things:

 President appoints PM and other ministers are

appointed by the President on the advice of the PM.
 Ministers hold their office during the pleasure of the
 President.
 Council of Ministers is collectively responsible to the
Lok Sabha.

78 PM communicates all decisions made by the council of

members to the President. President can also refer issues for
the consideration of the council of members.

Facts about Indian Prime Ministers

Longest-Serving Indian Prime Minister Jawaharlal Nehru

(1947 – 1964)
Second Longest-Serving Indian Prime Minister Indira Gandhi
Acting Prime Minister Twice Gulzari Lal Nanda
The first woman Prime Minister to receive the Bharat Ratna Indira Gandhi
First Non-Congress Prime Minister of India Morarji Desai
Indian Prime Minister received Pakistan’s highest civilian Morarji Desai
award
Youngest Indian Prime Minister Rajiv Gandhi
First Prime Minister from South India P.V. Narasimha Rao
First Prime Minister of India who was a member of the Indira Gandhi
Rajya Sabha

Council of Ministers
Which articles in the Constitution deal with the Council of
Ministers?
Two articles – Article 74 and Article 75 of the Indian Constitution
deal with the Council of Ministers. Where article 74 mentions that the
council will be headed by the Prime Minister of India and will aid and
advise the President, article 75 mentions the following things:

 They are appointed by the President on the advice of Prime

Minister
 They along with the Prime Minister of India form 15% of the
total strength of the lower house i.e. Lok Sabha. (The number
cannot exceed 15%)
 91st Amendment Act provided for the disqualification of the
minister when he stands disqualified as a member of Parliament.
 A Minister ceased to exist as one if he is not a member of either
house of Parliament for six consecutive months.
 Parliament decides the salary and allowances of the council of
ministers.

Is the advice tendered by the Council of Ministers’ binding on the

President?
Yes, the advice is binding on the President and this provision was
introduced by the 42nd Amendment Act 1976 and 44th Amendment
Act 1978. The acts also mentioned that the advice given by the
council cannot be inquired into by any court.

 42nd Amendment Act

 44th Amendment Act
Collective Responsibility of the Council of Ministers
In England, the Cabinet system is based on conventions. The
framers of our Constitution considered it fit to incorporate the system
in the Constitution. The principle of collective responsibility finds a
place in Art. 75(3) where it is stated that the Council of Ministers
shall be collectively responsible to the Lok Sabha. In other words, this
provision means that a Ministry which loses confidence in the Lok
Sabha is obliged to resign. The loss of confidence is expressed by
rejecting a Money Bill or Finance Bill or any other important policy
measure or by passing a motion of no-confidence or rejecting a
motion expressing confidence in the Ministry. When a Ministry loses
the confidence of the Lok Sabha the whole of the Ministry has to
resign including those Ministers who are from the Rajya Sabha. The
Ministers fall and stand together. In certain cases, the Ministry may
advise the President to dissolve Lok Sabha and call for fresh elections.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks,
however, in practice seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every

meeting of the Cabinet.
2. Minister of State with independent charge—He is a Minister
of State who does not work under a Cabinet Minister. When any
matter concerning his Department is on the agenda of the
Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have
independent charge of any Department and works under a
 Cabinet Minister. The work to such Minister is allotted by his
Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet
Minister or a Minister of State with independent charge. His
work is allotted by the Minister under whom he is working.

Union Council of Ministers 2021

After a resounding victory in the 2019 General Elections, the newly
re-elected Prime Minister Shri Narendra Modi took the oath of office
along with the Council of Ministers on Thursday, 30th May.
As per the Constitution of India, the total strength of the Council of
Ministers cannot exceed 15% of the total number of Lok Sabha MPs.
The current strength of the 17th Lok Sabha is 543 members and hence
the Council of Ministers cannot be more than 81.
At the time of swearing-in, the Council of Ministers comprises the
PM and 63 ministers. In the 2021 Council of Ministers, there are 24
Cabinet Ministers, 9 Ministers of State (Independent Charge) and 30
Ministers of State.
The list of Cabinet Ministers 2021 along with their portfolios is
given below:
Cabinet Minister Portfolio
Shri Rajnath Singh Minister of Defence
Shri Amit Shah Minister of Home Affairs
Minister of Road Transport and Highways;
Shri Nitin Jairam
and Minister of Micro, Small and Medium
Gadkari
Enterprises
Shri DV Sadananda
Minister of Chemicals and Fertilizers
Gowda
Smt. Nirmala  Minister of Finance; and Minister of
Sitharaman Corporate Affairs
Minister of Consumer Affairs, Food and
Shri Piyush Goyal
Public Distribution
Minister of Agriculture and Farmers Welfare;
Shri Narendra Singh
Minister of Rural Development; and Minister
Tomar
of Panchayati Raj
Minister of Law and Justice; Minister of
Shri Ravi Shankar
Communications; and Minister of Electronics
Prasad
and Information Technology
Shri Narendra Singh
Minister of Food Processing Industries
Tomar
Shri Thaawar Chand
Minister of Social Justice and Empowerment
Gehlot
Dr Subrahmanyam
Minister of External Affairs
Jaishankar
Shri Ramesh
Minister of Human Resource Development
Pokhriyal ‘Nishank’
Shri Arjun Munda Minister of Tribal Affairs
Smt Smriti Zubin Minister of Women and Child Development;
Irani and Minister of Textiles
Minister of Health and Family Welfare;
Dr Harsh Vardhan Minister of Science and Technology; and
Minister of Earth Sciences
 Minister of Environment, Forest and Climate
Shri Prakash
Change; and Minister of Information and
Javedkar
Broadcasting
Minister of Railways; and Minister of
Shri Piyush Goyal
Commerce and Industry
Shri Dharmendra Minister of Petroleum and Natural Gas; and
Pradhan Minister of Steel
Shri Mukhtar Abbas
Minister of Minority Affairs
Naqvi
Minister of  Parliamentary Affairs; Minister
Shri Pralhad Joshi
of Coal; and Minister of Mines
Dr Mahendra Nath Minister of Skill Development and
Pandey Entrepreneurship
Shri Prakash Minister of Heavy Industries and Public
Javadekar Enterprise
Minister of Animal Husbandry, Dairying, and
Shri Giriraj Singh
Fisheries
Shri Gajendra Singh
Minister of Jal Shakti
Shekhawat

List of Minister of State (Independent Charge) 2021 along with

their portfolios:
Minister of State
(Independent Portfolio
Charge)
Shri Santosh Minister of State (Independent Charge) of the
Kumar Gangwar Ministry of Labour and Employment
Minister of State (Independent Charge) of the
Ministry of Statistics and Programme
Rao Inderjit Singh Implementation; and Minister of State
(Independent Charge) of the Ministry of
Planning
Minister of State (Independent Charge) of the
Shri Shripad Ministry of Ayurveda, Yoga and Naturopathy,
Yesso Naik Unani, Siddha and Homoeopathy (AYUSH);
and Minister of State in the Ministry of Defence
Minister of State (Independent Charge) of the
Ministry of Development of North Eastern
Region; Minister of State in the Prime
Minister’s Office; Minister of State in the
Dr Jitendra Singh
Ministry of Personnel, Public Grievances and
Pensions;  Minister of State in the Department
of Atomic Energy; and  Minister of State in the
Department of Space
Minister of State (Independent Charge) of the
Ministry of Youth Affairs and Sports; and
Shri Kiren Rijiju
Minister of State in the Ministry of Minority
Affairs
Minister of State (Independent Charge) of the
Shri Prahalad Ministry of Culture; and Minister of State
Singh Patel (Independent Charge) of the Ministry of
Tourism
Shri Raj Kumar Minister of State (Independent Charge) of the
Singh Ministry of Power; Minister of State
(Independent Charge) of the Ministry of New
 and Renewable Energy; and Minister of State in
the Ministry of Skill Development and
Entrepreneurship
Minister of State (Independent Charge) of the
Ministry of Housing and Urban Affairs;
Shri Hardeep
Minister of State (Independent Charge) of the
Singh Puri
Ministry of Civil Aviation; and Minister of State
in the Ministry of Commerce and Industry
Minister of State (Independent Charge) of the
Shri Mansukh L
Ministry of Shipping; and Minister of State in
Mandaviya
the Ministry of Chemicals and Fertilizers

List of Minister of State 2021 along with their portfolios:

Minister of State Portfolio
Shri Faggan Singh
Minister of State in the Ministry of Steel
Kulaste
Shri Ashwini Minister of State in the Ministry of Health and
Kumar Choubey Family Welfare
Minister of State in the Ministry of
Shri Arjun Ram Parliamentary Affairs; and Minister of State in
Meghwal the Ministry of Heavy Industries and Public
Enterprises
General (Retd) VK Minister of State in the Ministry of Road
Singh Transport and Highways
Minister of State in the Ministry of Social
Shri Krishan Pal
Justice and Empowerment
Shri Danve Minister of State in the Ministry of Consumer
Raosaheb Dadarao Affairs, Food and Public Distribution
Shri G Kishan Minister of State in the Ministry of Home
Reddy Affairs
Shri Parshottam Minister of State in the Ministry of Agriculture
Rupala and Farmers Welfare
Shri Ramdas  Minister of State in the Ministry of Social
Athawale Justice and Empowerment
Sadhvi Niranjan Minister of State in the Ministry of Rural
Jyoti Development
Minister of State in the Ministry of
Shri Babul Supriyo
Environment, Forest and Climate Change
Shri Sanjeev Minister of State in the Ministry of Animal
Kumar Balyan Husbandry, Dairying and Fisheries
Minister of State in the Ministry of Human
Resource Development; Minister of State in the
Shri Dhotre Sanjay
Ministry of Communications; and Minister of
Shamrao
State in the Ministry of Electronics and
Information Technology
Minister of State in the Ministry of Finance;
Shri Anurag Singh
and  Minister of State in the Ministry of
Thakur
Corporate Affairs
Shri Angadi
Suresh Minister of State in the Ministry of Railways
Channabasappa
Minister of State in the Ministry of Home
Shri Nityanand Rai
Affairs
 Minister of State in the Ministry of Jal Shakti;
Shri Rattan Lal
and Minister of State in the Ministry of Social
Kataria
Justice and Empowerment
Minister of State in the Ministry of External
Shri V
Affairs; and Minister of State in the Ministry of
Muraleedharan
Parliamentary Affairs
Smt Renuka Singh Minister of State in the Ministry of Tribal
Saruta Affairs
Minister of State in the Ministry of Commerce
Shri Som Parkash
and Industry
Shri Rameswar Minister of State in the Ministry of Food
Teli Processing Industries
Minister of State in the Ministry of Micro,
Shri Pratap Small and Medium Enterprises; and Minister of
Chandra Sarangi State in the Ministry of Animal Husbandry,
Dairying and Fisheries.
Shri Kailash Minister of State in the Ministry of Agriculture
Choudhary and Farmers Welfare
Smt Debasree Minister of State in the Ministry of Women and
Chaudhari Child Development

Chief Minister and Council of Ministers

As a real executive authority, the Chief Minister is called the
head of the government. He is assisted by his council of ministers who
are a part of state executive along with Governor and Advocate-
General of State. Similar to Prime Minister who is the head of the
government at the centre, the Chief Minister is the head of the
government at the state level.

Who is called a Chief Minister?

He is the head of the state government. While the governor is the
nominal executive of the state government, the person who becomes
the chief minister is the real executive of the government. The real
executive is called ‘de facto’ executive that means, ‘in fact, whether
by right or not.’

How is a Chief Minister appointed?

Just like the Prime Minister, provisions of whose appointment are not
mentioned in the Indian Constitution, Chief Minister’s appointment
particulars are not mentioned in the Constitution. According to Article
164 in the Indian Constitution, Governor appoints Chief Minister.
However, the Governor cannot appoint any random person as the
Chief Minister but has to follow a provision.
A leader of the party that has got the majority share of votes in the
assembly elections, is appointed as the Chief Minister of the state.
Note:

 When no party gets a majority in the elections, governor

exercises his own discretion and appoint a Chief Minister
accordingly.
 In a case where no party has won the majority votes, Governor
appoints the member of the largest party or one from the
coalition (if occurs) as the Chief Minister and then he is given 1-
month time to prove confidence in the house.
  If the incumbent dies in the office, Governor at his own
discretion can appoint a Chief Minister however, the ruling party
nominates a member and Governor usually appoints that person
as the Chief Minister. This person then has to prove confidence
within a specified time.
 A person not belonging to either house (Legislative Assembly &
Council) can also be appointed as the Chief Minister, however,
within six months of his tenure as a CM he should be elected to
either house without which he ceases to be a CM.
 Chief Minister can belong to any house in the State Legislature.

What is the term of Chief Minister’s office?

Aspirants should clearly understand that the term of Chief Minister
is not fixed and he holds his office during the pleasure of the
governor.
Note:

 Governor cannot remove him any time.

 Governor cannot even dismiss him till the time he enjoys the
support of the majority of the house.
 When CM loses his majority support, he has to resign and
Governor dismisses him then.

What is the main function of the Chief Minister?

The CM of the state performs functions in relation to the different
categories of people:

1. In relation to the Council of Ministers

2. In relation to the Governor
 3. In relation to the State Legislature

Other than that, he also performs the following functions:

1. He chairs the State Planning Board

2. He is a vice-chairperson of the concerned zonal council by
rotation, holding that office for a period of one year at a time
3. He is a member of Inter-State Council and National
Development Council which are headed by the Prime Minister.

In Relation to the Council of Ministers

The Chief Minister is the head of state council of ministers. He
performs the following functions:

1. He recommends to the governor on who to appoint as ministers

2. He designates or reshuffles the portfolios of the ministers
3. He can ask a minister to resign
4. Meeting of the council of ministers is headed by him
5. All activities of the ministers are guided and controlled by the
Chief Minister
6. If he resigns, the entire council of ministers collapses.

Note: If the CM dies (or resigns), the council automatically

dissolves.

In Relation to the Governor

In relation to the governor, the Chief Minister performs the following
functions:

1. All the activities, decisions that are taken up by the council of

ministers are communicated to the governor by the chief minister
 2. To report to the governor, information about the administrative
affairs if and when asked by the governor
3. If any minister has decided on any issue, the same has to be
reported to the Governor by the Chief Minister when the same
has not been considered by the council.
4. He gives his advice to the governor for the appointment of the
following persons:
1. Advocate-General
2. Chairman of state public service commission
3. The state election commission, etc.

In Relation to the State Legislature

He is the leader of the house and holding this position, he performs
the following functions:

1. Before a governor prorogues and summons the sessions of the

state legislature, the Chief Minister’s advice is a must
2. Legislative Assembly can be dissolved at any time on his
recommendation to the governor
3. All government policies are announced by him on the floor of the
house.

Chief Minister and the Governor

The relationship between the Chief Minister of the state and the
state’s governor has always been in the news. The debate on the
authority of the respective posts has made the rounds throughout. IAS
aspirants will understand the dynamics shared by the CM and the
Governor by following the details given below:

Article The governor is advised by the council of ministers which

163 is headed by the Chief Minister.
Note: When the governor acts at his own discretion, no
advice is needed by the council

Article Governor appoints Chief Minister and later Chief Minister

164 recommends Governor on the appointment of ministers

Article Chief Minister has to communicate all administrative

167 decisions that are taken up by him and the council of
ministers to the governor

Who are State Council of Ministers

State Council of Ministers is similar to Central Council of Ministers.
The state council is headed by the Chief Minister. The council
comprises ministers appointed by the governor on the
recommendation of the CM.

How are the Council of Ministers appointed?

They are appointed by the governor on the advice of the CM.
Governor also appoints a tribal affairs minister for the following
states:

1. Chhattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha

Note: Bihar was also one of the states to have tribal affairs minister,
however, 94th Amendment Act 2006 freed Bihar from this obligation.
Chief Ministers of India 2021 (State-Wise)
Usually, the term of office for Chief Ministers of India is for a
maximum of five years but there is no limit to the number of terms a
person can serve as CM of India.
As per the Gazette of India 2019 implemented from October 31, 2019,
India has 28 States and 8 Union Territories with 30 Chief Ministers in
India (3 from the Union territories Jammu & Kashmir, Delhi, and
Puducherry and 28 from States.)
List of Chief Ministers (CM) of Tamil Nadu

Name of Chief
Sl.No. From To Party
Ministers

February 16,
1 Edappadi K Palaniswami Present AIADMK
2017

Feb 16,
2 O. Panneerselvam Dec 6, 2016 AIADMK
2017

3 J. Jayalalithaa May 19, 2016 Dec 5, 2016 AIADMK

May 19,
4 J. Jayalalithaa May 23, 2015 AIADMK
2016

May 23,
5 O Panneerselvam 29th Sep 2014 AIADMK
2015

6 J. Jayalalithaa 16. May. 2011 - AIADMK

7 M. Karunanidhi 13. May. 2006 15. May.  

 Name of Chief
Sl.No. From To Party
Ministers

2011

12. May.
8 J. Jayalalithaa Mar 2, 2002 AIADMK
2006

Mar 1,
9 O. Panneerselvam Sep 21, 2001 AIADMK
2002

Sep 21,
10 J. Jayalalithaa 14. May. 2001 AIADMK
2001

13. May.
11 M. Karunanidhi 13. May. 1996 DMK
2001

12. May.
12 J. Jayalalithaa Jun 24, 1991 AIADMK
1996

Jun 24,
  President's rule Jan 30, 1991  
1991
Jan 30,
13 M. Karunanidhi Jan 27, 1989 DMK
1991

Jan 27,
  President's rule Jan 30, 1988  
1989

Jan 30,
14 Janaki Ramachandran Jan 7, 1988 AIADMK
1988

V.R. Nedunchezhiyan
15 Dec 24, 1987 Jan 7, 1988 AIADMK
(acting)
 Name of Chief
Sl.No. From To Party
Ministers

Dec 24,
16 M. G. Ramachandran Feb 10, 1985 AIADMK
1987

Nov 15,
17 M. G. Ramachandran Jun 9, 1980 AIADMK
1984

  President's rule Feb 17, 1980 Jun 9, 1980  

Feb 17,
18 M. G. Ramachandran Jun 30, 1977 AIADMK
1980

Jun 30,
  President's rule Jan 31, 1976  
1977

Jan 31,
19 M. Karunanidhi Mar 15, 1971 DMK
1976

20 M. Karunanidhi Feb 10, 1969 Jan 4, 1971 DMK

V.R. Nedunchezhiyan Feb 10,

21 Feb 3, 1969 DMK
(acting) 1969

22 C. N. Annadurai Jan 14, 1969 Feb 3, 1969 DMK

Jan 14,
23 C. N. Annadurai Mar 6, 1967 DMK
1969

Mar 6,
24 M. Bakthavatsalam Oct 2, 1963 INC
1967

25 K. Kamaraj Mar 15, 1962 Oct 2, 1963 INC

 Name of Chief
Sl.No. From To Party
Ministers

Mar 1,
26 K. Kamaraj Apr 13, 1957 INC
1962

Mar 31,
27 K. Kamaraj Apr 13, 1954 INC
1957

Apr 13,
28 C. Rajagopalachari Apr 10, 1952 INC
1954
P. S. Kumaraswamy
29 Jan 26, 1950 Apr 9, 1952 INC
Raja

Indian Judiciary
Indian administration is guided by three pillars – Legislature,
Executives, and Judiciary. Indian Judiciary. In India, we have an
independent judiciary. The other organs of the government cannot
interfere with the functioning of the judiciary. 

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law,
settles disputes and administers justice to all citizens. The judiciary is
considered the watchdog of democracy, and also the guardian of the
Constitution. For democracy to function effectively, it is imperative to
have an impartial and independent judiciary.

Independent Indian Judiciary

 It means that the other branches of the government, namely, the

executive and the legislature, does not interfere with the
judiciary’s functioning.
 The judiciary’s decision is respected and not interfered with by
the other organs.
 It also means that judges can perform their duties without fear or
favour.
Independence of the judiciary also does not mean that the judiciary
functions arbitrarily and without any accountability. It is accountable
to the Constitution of the country.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in

India has a pyramidal structure with the Supreme Court (SC) at the
top. High Courts are below the SC, and below them are the district
and subordinate courts. The lower courts function under the direct
superintendence of the higher courts.
The diagram below gives the structure and organization of the judicial
system in the country.

Apart from the above structure, there are also two branches of the
legal system, which are:
 1. Criminal Law: These deal with the committing of a crime by
any citizen/entity. A criminal case starts when the local police
file a crime report. The court finally decides on the matter.
2. Civil Law: These deal with disputes over the violation of the
Fundamental Rights of a citizen.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is

to apply the law to specific cases or in settling disputes. When a
dispute is brought before the courts it ‘determines the facts’
involved through evidence presented by the contestants. The law
then proceeds to decide what law is applicable to the case and
applies it. If someone is found guilty of violating the law in the
course of the trial, the court will impose a penalty on the guilty
person.
2. Creation of judge-case law: In many cases, the judges are not
able to, or find it difficult to select the appropriate law for
application. In such cases, the judges decide what the appropriate
law is on the basis of their wisdom and common sense. In doing
so, judges have built up a great body of ‘judge-made law’ or
‘case law.’ As per the doctrine of ‘stare decisis’, the previous
 decisions of judges are generally regarded as binding on later
judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the
SC, acts as the guardian of the Constitution. The conflicts of
jurisdiction between the central government and the state
governments or between the legislature and the executive are
decided by the court. Any law or executive order which violates
any provision of the constitution is declared unconstitutional or
null and void by the judiciary. This is called ‘judicial review.’
Judicial review has the merit of guaranteeing the fundamental
rights of individuals and ensuring a balance between the union
and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that
people’s rights are not trampled upon by the State or any other
agency. The superior courts enforce Fundamental Rights by
issuing writs.
5. Supervisory f unctions: The higher courts also perform the
function of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory
function as well. It can give its advisory opinions on
constitutional questions. This is done in the absence of disputes
and when the executive so desires.
 7. Administrative functions: Some functions of the courts are
non-judicial or administrative in nature. The courts may grant
certain licenses, administer the estates (property) of deceased
persons and appoint receivers. They register marriages, appoint
guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the
judiciary also performs the important task of settling disputes
between the centre and states. It also acts as an arbiter of disputes
between states.
9. Conducting judicial enquiries: Judges normally are called to
head commissions that enquire into cases of errors or omissions
on the part of public servants.

Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all
cases other than criminal cases. Criminal law applies when a crime
such as a robbery, murder, arson, etc. is perpetrated.

 Civil law is applied in disputes when one person sues another

person or entity. Examples of civil cases include divorce,
eviction, consumer problems, debt or bankruptcy, etc.
 Judges in civil courts and criminal courts have different powers.
While a judge in a criminal court can punish the convicted
 person by sending him/her to jail, a judge in a civil court can
make the guilty pay fines, etc.
 District Judges sitting in District Courts and Magistrates of
Second Class and Civil Judge (Junior Division) are at the bottom
of the judicial hierarchy in India.
  The court of the district judges is the highest civil court in a
district.
 It has both administrative and judicial powers.
 The court of the District Judge is in the district HQ.
 It can try criminal and civil cases and hence, the judge is called
District and Sessions Judge.
 Under the district courts, there are courts of the Sub-Judge,
Additional Sub-Judge and Munsif Courts.
 Most civil cases are filed in the Munsif’s court.
Civil courts have four types of jurisdiction:

 Subject Matter Jurisdiction: It can try cases of a particular type

and relate to a particular subject.
 Territorial Jurisdiction: It can try cases within its geographical
limit, and not beyond the territory.
 Pecuniary Jurisdiction: Cases related to money matters, suits of
monetary value.
 Appellate Jurisdiction: This is the authority of a court to hear
appeals or review a case that has already been decided by a lower
court. The Supreme Court and the High Courts have appellate
jurisdiction to hear cases that were decided by a lower court.
Supreme Court History

 The Federal Court of India was created as per the Government of

India Act 1935.
 This court settled disputes between provinces and federal states
and heard appeals against judgements of the high courts.
 After independence, the Federal Court and the Judicial
Committee of the Privy Council were replaced by the Supreme
Court of India, which came into being in January 1950.
 The Constitution of 1950 envisaged a Supreme Court with one
Chief Justice and 7 puisne Judges.
 The number of SC judges was increased by the Parliament and
currently, there are 34 judges including the Chief Justice of India
(CJI). 

Supreme Court of India – Functions

 It takes up appeals against the verdicts of the High Courts, other

courts and tribunals.
 It settles disputes between various government authorities,
between state governments, and between the centre and any state
government.
  It also hears matters which the President refers to it, in its
advisory role.
 The SC can also take up cases suo moto (on its own).
 The law that SC declares is binding on all the courts in India and
on the Union as well as the state governments.

Original Jurisdiction of the SC in India

Original jurisdiction of a court refers to a matter for which the

particular court is approached first. In the case of the Supreme Court
in India, its original jurisdiction is covered under Article 131. It
involves the following cases:

1. Any dispute between the Indian Government and one or more

States.
2. Any dispute between the Indian Government and one or more
States on one side and one or more States on the other side.
3. Any dispute between two or more States.
4. Article 32 of the Constitution provides original jurisdiction to the
SC for matters regarding the enforcement of Fundamental
Rights.
5. The SC can issue writs, directions, or orders including writs in
the nature of mandamus, habeas corpus, quo warranto,
prohibition and certiorari.
 6. The SC also has the power to direct the transfer of a criminal or
civil case from the High Court in one State to the High Court in
another State.
7. It can also transfer cases from one subordinate court to another
State High Court
8. If the SC deems that cases involving the same questions of law
are pending before it and one or more High Courts, and that these
are significant questions of law, it can withdraw the cases before
the High Court or Courts and dispose off all these cases itself.
9. The Arbitration and Conciliation Act, 1996 gives SC the
authority to initiate international commercial arbitration.

Appellate Jurisdiction

Under this, the Supreme Court can hear cases only when they are
appealed against a High Court order.

Advisory Jurisdiction

Under this, the President can request the Supreme Court to offer its
opinion on any issue of law or fact.
Review Jurisdiction

This is covered under Article 137 and it gives SC the authority to

review its judgements. There are two grounds on which a review is
permitted. They are as follows:

1. If there has been an apparent error on the face of record leading

to the perversity of judgement, or
2. If new evidence has been uncovered which was not available
earlier despite the best attempt by the party or out of no fault of
the party.

Part V - Chapter IV - Deals with Union Judiciary i.e., Supreme

Court - appointment & removal, role & function

Part VI - Chapter V - Deals with High Court - appointment &

removal, role & function

Part VI - Chapter VI- Deals with Subordinate Courts -

appointment & removal, role & function

Advisory Jurisdiction of the Supreme Court

The Supreme Court has advisory jurisdiction over matters that have
been specifically referred to it by the President of India under Article
143 of the Constitution.
  There is no specific provision for such an advisory jurisdiction in
the Constitution of the United States of America or that of
Australia.
 In fact, the American Supreme Court has refused to entertain
such pleas by the Executive, it stated that it will focus on more
concrete matters concerning the law of the land.
 However, according to Section 60 of the Canadian Supreme
Court Act, 1906, the Governor-General may refer to important
questions of law to the Supreme Court for its advisory opinion.
 A similar provision that empowered the Federal Court to give an
advisory opinion on matters referred can be found in Section
213(1) of the Government of India Act, 1935. The draft
constitution later replaced the words “Governor-General” and
“Federal Court” with “President” and “Supreme Court”
respectively.

Cases under Advisory Jurisdiction

Re Delhi laws Act Case

The first case that came to the Supreme Court via this jurisdiction was
the Re Delhi laws Act Case. In this case, the Court considered the
validity of a statute with respect to delegated legislation. A bench of
seven judges presided over the case but gave differing opinions.
While all judges agreed that the legislature had the power to delegate
some lawmaking to the executive, they differed on the extent to which
such power may be delegated. In general, the bench expressed two
views:

 The Parliament can delegate its legislative power to any extent

subject to the condition or limitation that it must not efface itself
or abdicate its powers.
 The Parliament could not delegate to another agency its
‘essential’ legislative function, which implied policy formulation
and enactment of policy it into a binding rule of conduct.
Cauvery Dispute Tribunal Case

In the case of the Cauvery Dispute Tribunal, the Central Government

appointed a Tribunal to look into the dispute regarding the Cauvery
River between the states of Karnataka and Tamil Nadu.

 The Tribunal in one of its orders directed the State of Karnataka

to release a certain amount of water to Tamil Nadu.
 The Karnataka Government refused to honour the Tribunal’s
decision and promulgated an ordinance which empowered them
to not implement the Tribunal’s order.
 The President, in order to resolve the dispute, sent a reference to
the Supreme Court for its opinion on the matter.
  The Supreme Court held that the impugned ordinance was
unconstitutional because it not only violated Inter-State Water
Dispute Act, 1956 but was also against the principles of natural
justice as the Karnataka Government became a judge in its own
cause.
Ismail Faruqui v Union of India

In Ismail Faruqui v Union of India, a five-judge bench of the SC

contended that the Presidential reference seeking the Court’s opinion
on whether there was initially a temple where the Babri Masjid later
stood was unnecessary and superfluous and also against the concept
of secularism favouring one religious section over another and hence,
doesn’t need to be answered.

 In Special Reference No. of 2002, the Apex Court held that it

was well within its jurisdiction to answer and advice the
President in a reference made under Article 143(1) if the
questions referred are likely to arise in future or such questions
are of public importance or there is no decision of the Supreme
Court which has decided the question.
Some of the other important cases that were referred to the Supreme
Court for its advisory opinion include Re Kerala Education Bill, Re
BeruBari, Re Sea Customs Act, Special court Reference case, Re
Presidential Bill and Re Special Courts Bill.
Supreme Court Composition

 Including the CJI, there are 34 judges in the Supreme Court.

 The judges sit in benches of 2 or 3 (called a Division Bench) or
in benches of 5 or more (called a Constitutional Bench) when
there are matters of fundamental questions of the law is to be
decided.

The Procedure of the Supreme Court of India

The Supreme Court of India has powers to consult the President to

regulate the practice and procedure of the Court.

The Constitutional Cases are usually decided by a bench consisting of

five judges whereas other cases are decided by a bench of at least
three judges.

The seat of Supreme Court

As per the Constitution of India, Delhi is declared as the seat of the

Supreme Court of India. However, the Chief Justice of India has the
power to assign another place (s) as the seat of the Supreme Court.
This is only an optional provision and not mandatory.

SC Judge Eligibility

As per Article 124, an Indian citizen who is below 65 years of age is

eligible to be recommended for appointment as a judge of the SC if:
 1. he/she has been a judge of one or more High Courts, for at least 5
years, or
2. he/she has been an advocate in one or more High Courts for at
least 10 years, or
3. he/she is in the opinion of the President, a distinguished jurist.

Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s

independence. They are discussed below:

1. Security of tenure: The judges of the SC are given security of

tenure. Once appointed, they will retain their office until the age
of 65 years. They can be removed only by a presidential order on
grounds of proven misbehaviour and/or incapacity. This requires
a Special Majority according to Article 368.
2. Salaries and allowances: The judges of the SC enjoy good
salaries and allowances and these cannot be decreased except in
the case of a financial emergency. The expenses of the High
Court are charged on the Consolidated Fund of the State, which
is not subject to vote in the state legislature.
3. Powers and Jurisdiction: The SC’s powers and jurisdiction can
only be added by the Parliament and not be curtailed. 
 4. The conduct of any judge of the Supreme Court in the discharge
of his/her duties cannot be discussed in the legislature.
5. The SC has the power to punish any person for its contempt, as
per Article 129.
6. Separation of the Judiciary from the Executive: A Directive
Principle of State Policy says that the state shall take steps to
separate the judiciary from the executive in the public services of
the state. According to Article 50, there shall be a separate
judicial service free from executive control.

Powers and Functions of the High Court

The High Court is the highest court in a state in India. Articles

214 to 231 in the Indian Constitution talk about the High Courts, their
organization and powers. The Parliament can also provide for the
establishment of one High Court for two or more states. 

For instance, Haryana, Punjab and the Union Territory of

Chandigarh have a common High Court. The northeastern states also
have one common High Court. In addition, Tamil Nadu shares a High
Court with Puducherry.

The High Courts of Calcutta, Madras and Bombay were

established by the Indian High Courts Act 1861.
High Court Jurisdiction

The various kinds of the jurisdiction of the High Court are briefly
given below:

Original Jurisdiction

 The High Courts of Calcutta, Bombay and Madras have original

jurisdiction in criminal and civil cases arising within these cities.
 An exclusive right enjoyed by these High Courts is that they are
entitled to hear civil cases which involve property worth over
Rs.20000.
 Regarding Fundamental Rights: They are empowered to issue
writs in order to enforce fundamental rights.
 With respect to other cases: All High Courts have original
jurisdiction in cases that are related to will, divorce, contempt of
court and admiralty.
 Election petitions can be heard by the High Courts.

Appellate Jurisdiction

 In civil cases: an appeal can be made to the High Court against a

district court’s decision.
  An appeal can also be made from the subordinate court directly if
the dispute involves a value higher than Rs. 5000/- or on a
question of fact or law.
 In criminal cases: it extends to cases decided by Sessions and
Additional Sessions Judges.

 If the sessions judge has awarded imprisonment for 7 years

or more.
 If the sessions judge has awarded capital punishment.
 The jurisdiction of the High Court extends to all cases under the
State or federal laws.
 In constitutional cases: if the High Court certifies that a case
involves a substantial question of law.

High Court Powers

Apart from the above, the High Courts have several functions and
powers which are described below.

As a Court of Record

 High Courts are also Courts of Record (like the Supreme Court).
 The records of the judgements of the High Courts can be used by
subordinate courts for deciding cases.
  All High Courts have the power to punish all cases of contempt
by any person or institution.

Administrative Powers

1. It superintends and controls all the subordinate courts.

2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also
transfer the case to itself and decide the same.
5. It can enquire into the records or other connected documents of
any subordinate court.
6. It can appoint its administration staff and determine their salaries
and allowances, and conditions of service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power
to declare any law or ordinance unconstitutional if it is found to be
against the Indian Constitution.

Power of Certification

A High Court alone can certify the cases fit for appeal before the
Supreme Court.
High Court Autonomy

The independence of the High Courts can be corroborated by the

points given below:

1. Appointment of Judges: The appointment of judges of the High

Courts lies within the judiciary itself and is not connected to the
legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy the security of
tenure till the age of retirement, which is 62 years. A High Court
cannot be removed except by an address of the President.
3. Salaries and allowances: The High Court judges enjoy good
salaries, perks and allowances and these cannot be changed to
their disadvantage except in case of a financial emergency. The
expenses of the High Court are charged on the Consolidated
Fund of the State, which is not subject to vote in the state
legislature.
4. Powers: The Parliament and the state legislature cannot cut the
powers and jurisdiction of the High Court as guaranteed by the
Constitution.
5. Conduct of judges: Unless a motion of impeachment has been
moved, the conduct of the High Court judges cannot be discussed
in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an
office of emolument under the Government of India or that of a
state. There is an exception to this clause, however, when, with
the consent of the Chief Justice of India, retired judges can be
nominated to a temporary office, and in the situation of
emergencies.