India’s Political System

British Political
History
▶ Colony of Great Britain
▶ Came under British rule in 1858
▶ Growing feeling of nationalism
▶ Mahatma Gandhi
▶ Leader of anti-British civil disobedience in 1920
▶ End of British rule in 1947
▶ Creation of India’s constitution in 1949
President, Vice President, & Council
of
Ministers
President,
▶
5 year term
▶
Vice President, & Council
President is the head of state and elected by electoral college

of Commander of armed forces

▶

▶ Can put India in a state of emergency

▶ Vice-President is the Chairman of the Council of States
▶ 5 year term
▶ Elected by electoral college
▶ Council of Ministers is the supreme governing body
▶ Cabinet members, ministers of state
President Pranab Mukherjee
▶ The president approves them and they must be members of Parliament
▶ Help the president and prime minister exercise their power
Prime Minister vs
President
▶ President
▶ Nominal executive
▶ Oversees ceremonial functions (similar to royalty in Great Britain)
▶ The Presidents signs all the bills, but can not reject them
▶ Prime Minister
▶ Chosen by the political party that is in power
▶ Known as the “chief advisor” to the president, but is actually the head of the
government and the most powerful Prime Minister
▶ Picks the Council of Ministers
Narendra Modi
Council of States (Rajya Sabha)

▶ Upper house
▶ Elected by the state parliaments
▶ 250 members
▶ Mostly elected from their state parliaments
▶ 12 members are assigned by the President
▶ 6 year terms
▶ Rolling retirement – 1/3 retire every year
The People’s Assembly (Lok
Sabha)
▶ Lower house
▶ Elected directly by the people
▶ 545 Members
▶ 543 members are selected from the states
▶ 2 members are selected by the president
▶ Elected every 5 years
Supreme Court

▶ One chief justice

▶ 30 other judges
▶ Final court of appeals
▶ Primary purposes
▶ Protect rights of its citizens
▶ Settle disputes between governments in India
States and
Territories
▶ India has 28 states and seven union territories
▶ State governors are appointed by the president
▶ They serve five year terms
▶ States have their own parliaments
▶ They oversee education, agriculture, local government, etc
▶ The federal government has power over anything not
assigned to the states
Political Party
Overview
▶ Multi-party system classified as national, state or regional level
▶ Status of party is accorded by the Election Commission of India
▶ All parties are registered with Election Commission
National Political
Parties
▶ Political parties which participate in different elections all over India
▶ Criteria for Recognition:
▶ A party by must live up to at least one of the following qualifications to be recognized
▶ Win a minimum of 2% of the seats in the Lok Sabha from at least 3 different states
▶ In General Elections, party must manage to win 6% of votes and win at least 4 Lok Sabha seats
▶ The party is recognized as a state level party in four or more states

▶ Very few political parties are able to make presence as a national party
▶ These parties have a big presence in India: Bahujan Samaj Party (BSP), Bharatiya Janata
Party (BJP), Communist Party of India (CPI), Communist Party of India (Marxist)
(CPIM), India National Congress (INC), National Congress Party (NCP)
Bahujan Samaj Party
(BSP)
▶ The word “ bahujan” means the majority of the people and “Samaj” means society
▶ BSP represents the majority of the people and represents mainly the
oppressed sections of society
▶ The elephant on the symbol represents physical strength and will-power
Bharatiya Janata Party
(BJP)
▶ Translates to “ Indian People’s Party”
▶ Right-wing political position
▶ Strongly adheres to cultural nationalism through social conservatism and
integral humanism
▶ The symbol contains a lotus, which is India’s flower and is used to indicate
national identity
Communist Party of India
(CPI)
▶ Oldest party to have begun the communist movement in India
▶ Symbol is ears of corn and a sickle with a red background
▶ Red is the color of struggle symbolizing a communist party
▶ The ears of corn and a sickle depicts that CPI contains peasants, farmers and laborers
who work the fields for a living
Communist Party of India
(Marxist)
▶ Left-wing political party with communist political ideology
▶ The symbol is red which represents communism
▶ The intersecting hammer and sickle depicts that the party is a party of
working class ( peasants, farmers and laborers)
▶ The sickle and hammer are used to cut corn and all other crops in the field
▶ Symbol is very similar from the CPI because their ideologies are not much
different
India National Congress (INC)

▶ Country’ s oldest political party

▶ One of the two major national political parties
▶ Operates on the ideology of Gandhian Socialism and Social Democracy
▶ Center- left political position
▶ Symbol is the “right hand” with its palm-side facing front, usually seen in the center of
the Indian flag which is the background
Nationalist Congress Party
(NCP)
▶ Born out of the Indian National Congress when 3 members were expelled
▶ Stands for upholding democratic secular society along with equality, social justice
and unity in the nation
▶ Believe integrity of India can be achieve by strengthening federalism and
decentralizing power
▶ Symbol is a clock that reads 10:10, drawn in blue and has 2 legs and an alarm button-
denotes that NCP will keep fighting for its principle no matter how difficult the
situation
State
Parties
▶ Political parties that participate in different elections but only within one state
▶ Some states have more than one state party
▶ Criteria of a State Party
▶ A party must live up to at least one of the following qualifications to be
acknowledged as a state party
▶ Win at least 3 seats or 3% of the seats in the state legislative assembly
▶ Win minimum one seat in the Lok Sabha for every 25 seats or any fraction allotted to the
state
▶ Status of a state party can still be bestowed upon an entity even if it fails to win any seats in the Lok
Sabha or the assembly if it wins 8% of the total votes cast in the entire state

▶ Critical to make or break alliances in the Lok Sabha election

Regional
Parties
▶ Smaller parties that hold considerable clout in individual states leading to high
fragmentation of vote distribution
▶ “Trump card” of India’s political system
Political
Parties
▶ Political parties in which one person pulls all the strings
▶ Shiv Sena have their stronghold in the public not because of leaders but because of party
ideology
▶ Other parties are completely dependent on respect the leader has in public
▶ Also independent candidates
▶ High number of film actors join Indian politics
▶ Many state parties attract local film industry actors in their party
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Pressure Groups highlights those underlying forces and processes through which political power is marshalled and
applied in organized societies, specifically in democracies. It, however, does not imply their total non-existence in a
society having an authoritarian system for the simple reason that even in a totalitarian order such groups exist though
they are highly circumscribed and thereby “serve merely as instruments of the state for securing ends which are state-
determined, or they may become part of the facade of government for legitimizing decisions.

Pressure Groups – Functions

A line of demarcation possibly subsists in the degree of involvement. A pluralistic society, with a democratic order,
recognizes the existence of pressure groups. It ensures the widest possible participation to the extent of making them
the principal avenues of activity out of the ‘official administration’. A totalitarian order, on the other hand,
encourages and permits them to work in a particular direction congenial to its own interest.
1. In every society, whether democratic or totalitarian, interest groups seek to influence public policy in the desired
direction without being ready to accept the responsibility of public office as well as by declining to hold direct
responsibility for ruling the country.
2. Pressure groups seek favourable policy decisions and administrative dispositions. They tend to adjust the form of
their activities. This is influenced not by the formal constitutional structure of governments as to the distribution
of effective power within a governmental apparatus. Thus, the form of group politics is determined by the
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interplay of governmental structures, activities, and attitudes vis-a-vis the scope or intensity of their interest. In
other words, the form and nature of group policies are conditioned by the structure and administrative agencies,
activities of the political organization, and attitudes of governmental agencies towards them.
3. As regards governmental structure, it may be pointed out that one should look to the type of a political system.
For instance, a pressure group may assume a very important, powerful, and well-organised position even at the
national level if the work of policy-making and its implementation is assigned to the central branch of
administration.
4. In a country with a unitary system of government, groups have their highest units in the national capital. But in a
country with a federal system of government (where authority is decentralised and localised), many groups have
their units at the local and regional levels too.

Pressure Groups – Influencing Politics

The following points are pertinent when studying the influence of pressure groups in India.
1. The politics of pressure groups are conditioned by the channels of governmental activity. One should look at the
place where decisions are actually taken. It is owing to this that groups concentrate their attention on legislature
and executive. Serious efforts are made to form public opinion and huge amounts of money are spent to secure
victory for ‘favoured’ candidates at the polls.
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2. When the agencies of parliament and cabinet transmit their authority to bureaucracy and other minor branches of
administration, pressure groups tend to penetrate their influence to the extent that even the neutral character of
the Civil Services is seriously affected.
3. The attitudes of administrative agencies towards pressure groups also play an important part. That is, if popular
ministers and elected representatives occupying legislative seats are very responsive to the demands of these
groups, they feel a sense of favoured access to the government. Conversely, when the leadership is of an
authoritarian or of a traditional or conservative type working to the disadvantage of a particular clique in a single
dominant political party or a military junta, the groups have a feeling of dissatisfaction and start operating
through more inconspicuous channels.

Pressure Groups – Classification

The study of pressure groups is beset with the task of precise nomenclature and other problems of a procedural and
substantive character. All groups are not the same, though they are distinguished as such. For instance, some
represent vested interests or interests of a particular social or economic group having some sort of objective
characteristics common to each other; others represent and safeguard the interests of a particular point, regardless of
their objective characteristics.
These groups are of different types –
1. Self-seeking and altruistic from the viewpoint of purpose;
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2. Ephemeral and long-term keeping in view the point of tenure; and with the formal or informal bureaucratic
organization taking in view the fact of power position.
Likewise, these groups are different from each other as regards their concentration of efforts either on the legislative
bodies or on the voters as a whole. Differences are also visible when we examine the functional impact of pressure
politics upon a particular policy and, that is why some groups frequently achieve their goals while others fail to do so.

Pressure Groups – Roles

On the whole, pressure groups have a very important role in a modern political system where the state is irrevocably
wedded to the ideals of representative democracy and social welfare. One thing needs to be pointed out here.
1. Organised interest groups are active in every political community, more so in a representative government
committed to the realisation of the’ ideal of a social service state. But a degree of difference exists in that they
are more varied and active in a rich and prosperous society, as distinguished from a poor and backward country.
2. But in spite of this degree of differentiation, it is certain that in the political process of western democracy their
significance is enhanced by the factor of modernisation which acts as a lubricant in the machine of functional
differentiation. The multiversal character of society in the shape of the division of labour and functional
specialisation fragments it into a very large number of interests, thus making possible a social organisation made
up of groups.
3. When the state is committed to the idea of a welfare state, it assigns to social groups a greater stake in politics
and thereby mobilises them to a much greater extent. At the same time, when the state adopts a policy of a
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positive role in the sphere of planning and social service, it makes itself increasingly dependent upon the aid and
advice of such groups.
This, however, does not imply that these groups are thoroughly non-existent in a totalitarian country. They seem to be
relatively great in a highly pluralistic structure of society with a democratic form of government recognising the
principle of decentralisation of authority and small in a highly monolithic system where the dictator at the top
identifies himself with the state.
Hence, the role of interest groups is evident even where centralism and regimentation of justice inform all institutions
of social and political control with the result that diverse groups are not allowed to germinate and progress freely to
establish special relationships with politicians, statesmen, and other leaders of the country. On the whole, the point of
difference is that whereas in a democratic system dominant direction of flow is from the groups to the government, in
a totalitarian system it is just the other way round. From the above, it follows that a democratic state, with a pluralistic
society, offers far greater opportunities for access to the process and activity of decision-making and effective
participation of the organised interest groups in it. Such a condition of life encourages even weaker interests to
participate in politics along with other interests. It thus politicizes the character of every grouping to some extent, big
or small. The result is the politicisation of the entire group structure of society. As Roman Kolkowicz says: “In
pluralistic systems, we have come to accept the idea and reality of interest groups as central to the political and social
processes. They are presumed to be a vital faction in the political process and social transaction in which the political
leads, manipulate, or accommodate various interest groups’ demands. In a totalitarian authoritarian political system,
however, a single party claims hegemony in respect to political and social authority, the concept interest group needs
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some clarification, the single party denies the very existence of such particularistic entities and views possibilities of
their emergence as anathema.

Institutional Pressure Groups

In a country with a parliamentary form of government, the pressure is mainly concentrated on the executive branch
for the simple reason that parliament lives like a tool in the hands of ministers who, in turn, are like a tool in the hands
of their permanent officials.
1. The nature of contemporary social and economic policies has become so technical that a ‘lay’ parliament is no
match to an ‘expert’ bureaucracy placed behind the cloak of ministerial offices. Hence, the proper place where
decisions are actually taken is not the ‘open parliament’ but the ‘closed department’ and, as such, pressure
groups concentrate their attention on the ‘closed’ branch of administration.
2. It, however, does not preclude the possibility of exercising an influence upon policy-making through members of
the legislature who can use their political influence by means of asking questions, putting adjournment motions,
making private representations, and also utilizing the source of their prestigious contacts. Moreover, many
groups maintain a clandestine connection with a political party either by paying donations or rendering other
kinds of assistance at the time of electoral contests. They just pose a form of political neutrality in order to save
themselves from the dangers of the oscillation of power from one political party to another.
3. In this way, interest groups strive to have their prosecutors first in the party and through it in the parliament and,
as the powers of a parliament have been usurped by the executive in every form of government, they seek to
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exercise their influence upon the ministers and civil servants for the sake of having a share in the effective power
of policy-making.
This study has recently gained much importance in the realm of Indian polity because, over the last few years,
political science has lost much of its connection with history and ethics; it has moved closer to the disciplines of
psychology and sociology. A new meaning of ‘politics’ has come into use whereby it is regarded as a process by
which social values are authentically allocated. Such a study regards politics not merely as a science of state and
government in the traditional sense of the term, it implies the process of decision-making. Since these decisions are
often made as a result of group conflict, it stretches its scope of the study to all such groups which are involved in the
process of decision-making. This new approach amounts to the formulation of a ‘ descriptive’, if not ‘explanatory’
theory, and belongs to what is sometimes called ‘informal’ politics. Naturally, it has added material to the stock of
literature on comparative politics, and, though the approach is not appreciated by many ‘frontier-minded’ writers, the
whole study, more appropriately called a study of ‘political sociology’, “will continue to play a very important role in
comparative politics research. In other words, this study revolves around the pivot of a new man, called the Political
Man, distinguished from the Economic Man or the Moral Man. It considers man not as an ‘isolated atom’ but as ‘a
creature of groups’. The problem is thus not ‘man versus the state’ as designated by Herbert Spencer in the vein of an
extremely individualistic philosophy; it is, groups versus the state’ as suggested by Ernest Barker in the line of
modern interpretation of liberalistic individualism. When men united into groups have their interests and use
‘pressure’ for the sake of their protection and promotion, as Hagan points out, the life in society, in all its phases, can
be stated in’ groups of active men’. The allocation of social values is done by means of decisions that are taken by
diverse activities, each not being quite separate from the other, though the mass of activity, having common
tendencies, in regard to such decisions is manifest in the form of groups. Thus, what determines the making of
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decisions is nothing but a constant struggle between different groups and interests. Viewed in this context, a new
definition of politics is furnished by the exponents of this theory. For instance, Eckstein says: “If we say that politics
involves the making of decisions, the decisions are made as a result of group conflict, that groups are the same thing
as interests, that both groups and interests are mass of activity, then we say merely that politics is activity.” As such, a
study of group politics is like a newer wave in the direction of modernization of this subject, and though much more
useful theories are yet to come, it is certain that the ice has most decidedly broken.

Constitution of India 

The Constitution of India (IAST: Bhāratīya Saṃvidhāna) is the supreme law of India.[3][4] The document lays down the framework that demarcates fundamental political code,
structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written
national constitution in the world.[5][6][7]
It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a
declaration in its preamble.[8] Parliament cannot override the constitution.

B. R. Ambedkar and Constitution of India on a 2015 postage stamp of India

It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950.[9] The constitution replaced the Government of India Act
1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed
prior acts of the British parliament in Article 395.[10] India celebrates its constitution on 26 January as Republic Day.[11]
The constitution declares India a sovereign, socialist, secular,[12] and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity.
[13]
 The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi.[14] The words "secular" and "socialist" were added to the preamble
by 42nd amendment act in 1976 during the Emergency.
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The Functions of a Constitution

• Constitutions can declare and define the boundaries of the political community. These boundaries can be territorial (the geographical borders of a state, as well as its claims to
any other territory or extra-territorial rights) and personal (the definition of citizenship). Thus, a country’s constitution often distinguishes between those who are inside and
those who are outside the polity.
• Constitutions can declare and define the nature and authority of the political community. They often declare the state’s fundamental principles and assumptions, as well as
where its sovereignty lies. For example, the French Constitution declares that ‘France is an indivisible, secular, democratic and social Republic’ and that ‘National sovereignty
belongs to the people, who exercise it through their representatives and by means of referendums’ (Constitution of the Fifth French Republic). The Constitution of Ghana (1992)
states that, ‘The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised’.
• Constitutions can express the identity and values of a national community. As nationbuilding instruments, Constitutions may define the national flag, anthem and other
symbols, and may make proclamations about the values, history and identity of the nation.
• Constitutions can declare and define the rights and duties of citizens. Most constitutions include a declaration of fundamental rights applicable to citizens. At a minimum, these
will include the basic civil liberties that are necessary for an open and democratic society (e.g. the freedoms of thought, speech, association and assembly; due process of law
and freedom from arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to include social, economic and cultural rights or the specific collective
rights of minority communities. And some rights may apply to both citizens and noncitizens, such as the right to be free from torture or physical abuse.
• Constitutions can establish and regulate the political institutions of the community— defining the various institutions of government; prescribing their composition, powers
and functions; and regulating the relations between them. It is almost universal for constitutions to establish legislative, executive and judicial branches of government. In
addition, there may be a symbolic head of state, institutions to ensure the integrity of the political process (such as an electoral commission), and institutions to ensure the
accountability and transparency of those in power (such as auditors, a court of accounts, a human rights commission or an ombudsman). The institutional provisions typically
provide mechanisms for the democratic allocation and peaceful transfer of power (e.g. elections) and mechanisms for the restraint and removal of those who abuse power or who
have lost the confidence of the people (e.g. impeachment procedures, motions of censure)
. • Constitutions can divide or share power between different layers of government or sub-state communities. Many constitutions establish federal, quasi-federal or decentralized
processes for the sharing of power between provinces, regions or other sub-state communities. These may be geographically defined (as in most federations, such as Argentina,
Canada or India), or they may be defined by cultural or linguistic communities (e.g. the 1994 Constitution of Belgium, which establishes autonomous linguistic communities in
addition to geographical regions)
. • Constitutions can declare the official religious identity of the state and demarcate relationships between sacred and secular authorities. This is particularly important in
societies where religious and national identities are interrelated, or where religious law has traditionally determined matters of personal status or the arbitration of disputes
between citizen

Government Schemes in India

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Government Schemes in India are launched by the government to address the social and economic welfare of the citizens of this nation.
These schemes play a crucial role in solving many socio-economic problems that beset Indian society; thus, their awareness is a must for any concerned citizen.
On February 1, 2021, the Finance Minister of India released the Union Budget 2021-22 and made new announcements regarding the government schemes in India. In
2020, a relief package worth Rs 1.70 lakh crore was announced to tackle the financial difficulties which were faced due to the COVID-19 outbreak under the PM Garib Kalyan
Yojana. This year, the government has announced the Aatmanirbhar package amounting to Rs. 27.1 lakh crores to deal with the impact of coronavirus.
This article will provide all the details of the Government Schemes 2022 that are implemented in India.

Latest Government Schemes in India

Given below is a list of government schemes that have been launched recently under various sectors or have been in the news regarding their revised
implications and expansion:

Government Scheme in India Date of

Launch/Implementation

Startup India Seed Fund Scheme (SISFS) April 1, 2021

Ayushman Sahakar Scheme October 19, 2020

Pradhan Mantri Annadata Aay SanraksHan September 2018

Abhiyan (PM AASHA)
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SATAT Scheme (Sustainable Alternative October 2018
Towards Affordable Transportation)

Mission Sagar May 2020

NIRVIK Scheme (Niryat Rin Vikas Yojana) February 1, 2020

SVAMITVA Scheme (Survey of Villages and April 24, 2020

Mapping with Improvised Technology in Village
Areas)

National Technical Textiles Mission (NTTM) February 26, 2020

Mission COVID Suraksha November 29, 2020

DHRUV – PM Innovative Learning Programme October 10, 2019

SERB-POWER Scheme (Promoting October 29, 2020

Opportunities for Women in Exploratory
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Research)

One Nation One Ration Card Scheme —

(ONORCS)

Prime Minister Street Vendor’s AtmaNirbhar June 1, 2020

Nidhi (PM SVANidhi)

Mission Karmayogi September 2, 2020

Sahakar Mitra Scheme June 12, 2020

Pradhan Mantri Vaya Vandana Yojana May 4, 2017

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Features and Importance of different Government Schemes
1. Pradhan Mantri Awas Yojana (PMAY)- Pradhanmantri Awas Yojana is an initiative of the Government of India which aims to provide affordable housing to

the urban people by the year 2022. The scheme was first launched on 25th June 2015. The interest rate for Pradhanmantri always Yojana starts at 6.5 0% per

annum and can be availed for up to 20 years. The last date for availing Pradhanmantri Awas Yojana scheme for EWS and LIG category was extended to 31st

March 2022.

Features of PMAY

-The subsidiary interest rate is 6.50 % per annum.

-Differently abled and senior citizens will be given the preference of ground floors

-The construction of houses includes sustainable and eco-friendly technology.

-In the scheme 4041 towns are included in the entire urban area of the country and 500 class 1 cities are given priority.

2. Pradhan Mantri Garib Kalyan Anna Yojana- Pradhanmantri Garib Kalyan Anya Yojana or the prime minister’s food security scheme for the poor was

launched on the 26th March 2020 during the Covid-19 in India. Pradhanmantri Garib Kalyan and Yojana promise to give 5 kg rice or wheat, and 1 kg dal to each

person holding a ration card. It is the largest food security program in the world. Initially, the program was for 3 months in 2020 which included 80 crore ration

cards. In 2022 the union cabinet has approved the extension of the Pradhan Mantri Garib Kalyan Anna Yojana for another 4 months.

3. Meri Policy Mere Hath- It was launched under the Pradhan Mantri fasal Bima Yojana. It is a doorstep distribution drive that grants crop insurance to the

farmers for upcoming seasons. The policy makes sure that farmer communities are well informed and fully equipped with information. The funds for support will
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be granted under the Pradhan Mantri Fasal Bima Yojana and financial support to the farmers suffering from crop loss or damage will be given. Pradhanmantri

Fasal Bima Yojana launched by prime minister Narendra Modi on 18th February 2016 at Sehore Madhya Pradesh has completed 6 years

4. Rashtriya Uchchatar Shiksha Abhiyan- RUSA provides strategic funding to the eligible state higher educational institute. The funding flows from the Central

ministry to state governments to the state higher educational institutes. It aims to attend a higher level of access equity and excellence in the state higher

education system with greater efficiency transparency responsiveness and accountability.

5. Support for marginal individuals for livelihood and enterprise (SMILE)- The scheme’s focus is on rehabilitation, provision of medical facilities, counseling,

basic documentation, skill development, economic linkage, etc. The scheme is formulated under the ministry of social justice and empowerment and executed

with the help of State Government and union territory governments community-based organizations, local urban bodies, nongovernmental organizations,

institutes, and others.

6. Jal Jeevan yojana- The Jal Jeevan mission aims to provide four crore tap water connections in rural households in 2022. In a recent webinar, the prime

minister stressed the use of technology service delivery and community participation to achieve the goal of the Jal Jeevan Mission by 2024. The union budget

has allocated rupees 60,000 crores for the Jal Jeevan mission in 2022.

7. Jalshakti Abhiyan 2022- The scheme was launched on 2021 March 22. In 2022 the Jal Shakti Abhiyan campaign launched a new initiative catch the rain

campaign from 29 March 2022 to 30th November 2022.

Prime Minister & Council of Ministers - Power & Function of Prime Minister
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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. The topic, ‘Prime Minister & Council of Ministers’ is important for IAS Exam and its three stages – Prelims, Mains and Interview.
This article will mention in detail about Prime Minister and Council of Ministers who form an important part of the Union Executive

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
Like Prime Minister is the head of Union Parliament, the Chief Minister is the head of state parliament. Read more about the Chief Minister & Council of
Ministers in the linked article

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
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 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

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
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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 for UPSC

Aspirants may like to read a few facts about Prime Ministers which can come useful in UPSC 2022 while writing answers in UPSC Mains. The facts are
given in the table below:

Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 –

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1964)

Second Longest-Serving Indian Prime Minister Indira Gandhi

Acting Prime Minister Twice Gulzari Lal Nanda

The first woman Prime Minister to receive the Indira Gandhi

Bharat Ratna

First Non-Congress Prime Minister of India Morarji Desai

Indian Prime Minister received Pakistan’s highest Morarji Desai

civilian 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 Indira Gandhi

the Rajya Sabha

G Governor - Power, Tenure, Qualifications, G

Governor - Power, Tenure, Qualifications, Appointment
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TWho 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 the 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.
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 At 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
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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:
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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 a 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. (Download the notes on the types of
funds in India from the linked article.)
5. State Finance Commission is constituted every five years by him. (Read about the Finance Commission of India in the linked article.)
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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.
Read in detail about the pardoning powers of the Governor in the linked article

Chief Minister and Council of Ministers

CHIEF MINISTER AND COUNCIL OF MINISTER

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.’
Check the list of Chief Ministers of Indian states in the linked article.
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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.
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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 collapse

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:
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Article The governor is advised by the council of ministers which is headed
163 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 decisions that

167 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
5.Parliament and State Legislature
PARLIAMENT AND STATE LEGISLATURE
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Comparison of Parliament and State Legislature
The Parliament is a bicameral legislature comprising of two Houses and the Indian President:

Lok Sabha: The House of the People Rajya Sabha: The Council of States
(Lower House). Read more on Lok (Upper House). Read more on Rajya
Sabha. Sabha.
The functions of the Parliament are provided for in the Indian Constitution in Chapter II, Part V. You can also read more about the  functions of the Indian
Parliament in detail here.
At the state level, the legislature is composed of the Legislative Assembly, the Legislative Council (only in 6 states currently), and the Governor of the
State.
 In the Constitution, there are provisions for the creation of a second chamber (the Legislative Council) for states which do not have one. There are
also provisions for the abolition of the Council for states. (Article 169).
 Currently, 6 states in India have the Legislative Council. They are:
 Maharashtra
 Karnataka
 Andhra Pradesh
 Telangana
 Uttar Pradesh
 Bihar
There are proposals to abolish the Council in Andhra Pradesh.
Until Article 370 was in place, Jammu & Kashmir also had a Legislative Council under its own Constitution. Now, it is a Union Territory with a
Legislative Assembly.
Tamil Nadu abolished its Legislative Council (called Vidhan Parishad) in 1986.
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Tabular Comparison of Parliament and State Legislature
Union Parliament
Bicameral  Mostly unicameral – only 6 states are
Article 79 to122 in Part V of the
Constitution
If a bill is introduced in a House,
and it passes it, then the other
House can:
1. Pass the bill as it is.
2. Reject the bill altogether.
3. Pass the bill with some
modifications and return it to
the first House for
reconsideration.
4. Nothing is done to the bill for
6 months, which means both
Houses are in disagreement.
In this case, a joint sitting of both the
Houses is convened and made, to break
the constitutional deadlock.
Note: In the case of Money Bills, which
State Legislatures
bicameral
Articles 168 to 212 in Part VI of the
Constitution
The Legislative Councils (LC) have only
advisory powers by and large.
They have lesser powers when it comes to
law-making.
If a bill is introduced in the LC, which is
passed by it, and it goes on to the Assembly:
1. The Assembly rejects the bill.
2. It passes the bill with some
modifications which are
unacceptable to the LC.
In both the above cases, the bill comes to an
end.
However, if the bill originates in the
Assembly, and it is either rejected or passed
with modifications not acceptable by the LC,
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are to be introduced only in the Lok
Sabha, the Rajya Sabha has restricted
powers.
Members: Lok Sabha: 552 (Max.)
                 Rajya Sabha: 250 (Max.)
Election to the Rajya Sabha:
Members are elected by the elected
members of the State Legislative
Assemblies by means of proportional
representation by means of a single
transferable vote.
it does not come to an end.
There is no provision for a joint sitting of
the Council and the Assembly. In the case
of a disagreement, the decision of the
Assembly is deemed final.
Note: Money bills can originate only in the
Legislative Assembly.
Members: Legislative Assembly: Between
40 and 500
Legislative Council: Not more than one-third
of the membership of the State Legislative
Assembly, and cannot be under 40.
Election to the Legislative Councils:
Members are elected by five different
constituencies through a process of the single
transferable vote system.
1. ⅓ of the members are elected by
the local authorities’
representatives (Gram Panchayats,
Municipalities, Block Parishads,
etc.)
2. ⅓ of the members by the MLAs.
3. 1/12 of the members are elected
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by the teachers (of secondary
schools, colleges, and universities)
in the state.
4. 1/12 are elected by the graduates
in the state.
5. The remaining 1/6th are
nominated by the Governor from
persons having experience or
knowledge in the fields of science,
art, literature, social service, or
cooperative movement.

Supreme Court
The Supreme Court of India is the country’s highest judicial court. It is the final court of appeal in the country. It is hence, an extremely important topic in
the UPSC exam polity and governance sections. In this article, you can read all about the Supreme Court of India for
Latest Updates related to the Indian Supreme Court:
1. On November 9, 2022, Justice D.Y. Chandrachud will take oath as the 50th Chief Justice of India.
2. 15th February 2021: Former Supreme Court Judge, Justice PB Sawant Passed Away on this day.
3. The Supreme Court is examining a petition relating to the Social Media Firm Facebook and its Messaging Application WhatsApp over their terms of
service and privacy policy that were to be out on February 8th, 2021.
4. 13th February 2021: Statement from Supreme Court while dismissing a review petition on the anti-citizenship law protests held in Delhi’s Shaheen
Bagh in 2019 – “Right To Protest Cannot Be Anytime, Everywhere
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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.

Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:
1. Original – Read in detail about Original Jurisdiction of the Supreme Court in the linked article. 
2. Advisory – Notes on Advisory Jurisdiction of the Supreme Court are given in the linked article. 
3. Appellate 

Supreme Court Composition

 Including the CJI, there are 34 judges in the Supreme Court.
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 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.
Read about Indian Judiciary in detail in the linked article.

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. Read more about the types of majorities in Parliament in the linked article.
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.
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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. (Read about Contempt of Court in India in the linked article.)
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

High Courts

How many High Courts are there in India?

There are 25 High Courts in India. Candidates can find the list of High Courts in India in the linked article.
It was in 1858 when on the recommendation of the Law Commission, the Parliament passed the Indian High Courts Act 1861 which suggested the
establishment of High Courts in place of Supreme Court in three Presidencies: Calcutta, Madras, and Bombay. The Charter of High Court of Calcutta was
ordered in May 1862 and that of Madras and Bombay were order in June 1862. Thereby, making the Calcutta High Court the first High Court of the
country.
The reason for the implementation of this act was the need for a separate judiciary body for different states. The British Government, therefore, decided to
abolish the then-existing Supreme Court and Sadar Adalat and replaced it with High Court.
Certain rules and eligibility criteria were set for the appointment of a Judge in any High Court and later after independence as per Article 214 of the Indian
Constitution, it was declared that every Indian state must have their own High Court.
The British-created laws were different from the ones that were stated in the Indian Penal code and the entire legal system of the country changed after
the independence of the country.

Which is the  Newest High Court of India?

Andhra Pradesh is the recent state to have the High Court. High Court was established in Andhra Pradesh on 1st January 2019.
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Constitution of High Court – Under British rule, each High Court has a Chief Justice and maximum 15 other puisne judges. But later certain changes
were brought about in the composition of the High Court in India:
 Every High Court shall have  a Chief Justice appointed by the President
 Unlike before, there was no fixed number of Judges who could be appointed for each High Court
 Additional Judges can also be appointed for the clearance of cases pending in the court. But their tenure cannot exceed more than two years
One thing that must be noted is that no one above the age of 62 years can be appointed as a High Court Judge. There is no uniformity among the High
Courts regarding the number of Judges they will have. A smaller state shall have less number of judges in comparison to a larger state.

High Court Jurisdiction

The High Court is the highest court of appeal in the state vested with the power to interpret the Constitution. It is the protector of the Fundamental Rights
of the citizens. Besides, it has supervisory and consultative roles. However, the Constitution does not contain detailed provisions with regard to the
jurisdiction and powers of a high court.
At present, the following jurisdictions are enjoyed by a High Court-
 Original jurisdiction
 Writ jurisdiction
 Appellate jurisdiction
 Supervisory jurisdiction
 Control over subordinate courts
 A court of record
 Power of judicial review
The Jurisdiction of Highcourt are as mentioned below –
 Original Jurisdiction – In such kind of cases the applicant can directly go to the High Court and does not require to raise an appeal. It is mostly
applicable for cases related to the State Legislative Assembly, marriages, enforcement of fundamental rights and transfer cases from other courts.
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 Power of Superintendence – It a special power enjoyed only by High Court and no other subordinate court has this power of superintendence.
Under this, the High Court holds the right to order its subordinate offices and courts the way of maintaining records, prescribe rules for holding
proceedings in the court and also settle the fees paid to sheriff clerks, officers and legal practitioners.
 Court of Record – It involves recording the judgments, proceedings and acts of high courts for perpetual memory. These records cannot be further
questioned in any court. It has the power to punish for contempt of itself.
 Control over Subordinate Courts – This is an extension of the supervisory and appellate jurisdiction. It states that the High Court can withdraw a
case pending before any subordinate court if it involves the substantial question of law. The case can be disposed of itself or solve the question of
law and return back to the same court.
 Appellate Jurisdiction – This is for cases where people have risen a complaint about a review of the judgement given by the district level or
subordinate court of that territory. This power is further divided into two categories:
1. Civil Jurisdiction – this includes orders and judgements of the district court, civil district court and subordinate court 
2. Criminal Jurisdiction – this includes judgements and orders of the sessions court and additional sessions court. 
 Power of Judicial Review – This power of High Court includes the power to examine the constitutionality of legislative and executive orders of
both central and state government. It is to be noted that the word judicial review is nowhere mentioned in our constitution but the Article 13 and 226
explicitly provide High Court with this power.
 Writ Jurisdiction of High Court – Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus,
certiorari, prohibition, and quo warrento for the enforcement of the fundamental rights of the citizens and for any other purpose. Read in detail about
the following –
 Habeas Corpus
 Writ of Mandamus
The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. The high court can issue writs to any person, authority and
government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial
jurisdiction (15th Constitutional Amendment Act of 1963).
 In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute
a part of the basic structure of the Constitution. Hence, it cannot be ousted or excluded even by way of an amendment to the Constitution.
 In Shah Faesal’s Case, his case is justified because the cause of action happened in Delhi and then he was taken to outside the territory of
Delhi.
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High Court in India is one of the most important topics in terms of the UPSC exam and other government exams in India. Candidates can know
the powers and function of a High Court, at the linked article.

How is a High Court Judge Appointed?

A High Court Judge is appointed by the President of India. He is solely responsible for the appointment of any judge in a High Court. However, he may
consult the Governor of the State, the acting Chief Justice of India and Chief Justice of that particular state’s High Court. 
A High Court judge is also liable to get transferred to other High Courts. This decision is entirely dependent on the Chief Justice of India. Transfer of
judges is done with an aim to ensure proper and just trial for every case fought in the court of law.

Eligibility Criteria for High Court Judge

There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any High court in India. Given below are the set of eligibility criteria
mandatory for the appointment of High Court judges:
 Any of the given qualifications must be fulfilled:
1. The person should have been a Barrister for more than five years 
2. Has been a civil servant for over 10 years along with serving the Zila court for at least 3 years 
3. A person who has been a pleader for over 10 years in any High Court.
 No judge should be of more than 62 years of age
The law states that every state must have a separate High Court, however, there still are certain states that do not have an individual High Court. For
example – both Punjab and Haryana come under the jurisdiction of Punjab High Court sitting at Chandigarh. Besides, there is a common High Court for
seven states – Assam, Nagaland, Manipur, Tripura, Meghalaya, Arunachal Pradesh and Mizoram.

Salary and Perks of High Court Judges

There has been a massive increase in the salary paid to a High Court judge. The table below gives the salary description of a judge in the High Court

the Lok Sabha Speaker

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The presiding officer of the lower house of the Parliament is the Lok Sabha Speaker. Provisions of his/her and deputy speaker’s offices are dealt with
Articles 93, 94, 95 and 96 of the Indian Constitution. In the Indian parliamentary democracy, the Office of the Speaker of Lok Sabha holds a significant
position.
Current Speaker of Lok Sabha 2021 is – Om Birla
Present Deputy Speaker of Lok Sabha 2021 is – It is vacant (from 2019); Munisamy Thambidurai (2014 -19)

ok Sabha Speaker & Deputy Speaker – Constitutional Provisions

Constitutional Provisions – Offices of Speaker and Deputy Speaker

Article Provides to choose two members of the House to be respectively

93 Speaker and Deputy Speaker when these two offices fall vacant.

Article Vacation, Resignation and Removal provisions for the offices of

94 Speaker and Deputy Speaker

Article Power of the Deputy Speaker or other person to perform the duties
95 of the offices of, or to act as, the Speaker

Article The Speaker or the Deputy Speaker not to preside while a resolution
96 for his/her removal from office is under consideration
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History
 In 1921, the offices of Speaker and Deputy Speaker originated in India under the Government of India Act of 1919 (Montague – Chelmsford
Reforms).
 The Speaker and the Deputy Speaker were known to be President and Deputy President respectively till 1947.
 Before 1921, the Central Legislative Council was presided over by the Governor-General of India.
 In 1921, the Governor-General of India appointed the Frederick Whyte and Sachidanand Sinha as the first Speaker and the first Deputy Speaker
respectively of the Central Legislative Assembly.
 First Indian and first elected Speaker of the central legislative assembly – Vithalbhai J. Patel (in 1925).
 The Government of India Act of 1935 changed the nomenclatures of President and Deputy President of the Central Legislative Assembly to the
Speaker and Deputy Speaker, respectively. But, the old nomenclature was continued till 1947 because the federal part of the 1935 Act was not
implemented.
 First Speaker of the Lok Sabha – G V Mavalankar
 First Deputy Speaker of the Lok Sabha – Ananthasayanam Ayyangar
 G V Mavalankar held the post of Speaker in Constituent Assembly (Legislative) as well as the provisional Parliament (held the post of Speaker
continuously from 1946 to 1956).
To read more about the Constituent Assembly, check the linked article.

Significance of the Office of Speaker of Lok Sabha

 The Speaker represents the full authority of the House, whereas the members of Parliament represent the individual constituencies.
 The Office of the Speaker symbolises the dignity, honour and power of the House over which he/she is presiding.
 The Speaker is considered as the true guardian of the traditions of parliamentary democracy.
 The activities/actions of the Speaker are under scrutiny in the House, and he/she can’t overlook any aspect of parliamentary life.
 The Office of the Speaker has been given a very high position (Seventh Rank) in the Warrant of Precedence in India, positioned along with the
Chief Justice of India and next only to the President, the Vice-President and the Prime Minister. He/she has a higher rank than all cabinet ministe
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Can Lok Sabha speaker be removed?
 The Speaker can be removed if a resolution is passed by a majority of all the members of the Lok Sabha, that is, by absolute majority and not by
ordinary majority.
 It is also compulsory to give a minimum of 14 days’ advance notice of the intention to move the resolution.
 The motion of removal can be considered and discussed only when it has the support of at least 50 members of the House.
 When a resolution for removal of the Speaker is under consideration of the House, he/she cannot preside over the House, but can speak and take
part in the proceedings of the House. Also, he/she can vote in the first instance, but not in the case of an equality of votes.