Constitution of India, Law

& Engineering
MS. ANKITA SHARMA

ASSISTANT PROFESSOR
KIET SCHOOL OF MANAGEMENT
 Contents

✔ RAJYA SABHA - FUNCTION AND POWERS

✔ LOK SABHA - FUNCTION AND POWERS

 Rajya Sabha: Functions and Powers
The Rajya Sabha (Council of States) is the Upper House of the Union Parliament. It gives representation to the

States. The states do not enjoy an equal representation in the Rajya Sabha. These have been given representations
on the basis of the size of their populations.
I. Composition of the Rajya Sabha:
The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the representatives of the
States and remaining 12 members are to be nominated by the President from amongst persons who have achieved
distinctions in the fields of art, literature, science or social services. At present, the Rajya Sabha has 245 members
233 elected and 12 nominated.
II. Method of Election:
The members of the Rajya Sabha are elected indirectly by the people. The people of each State elect the members of

their State Legislative Assembly elect the members of Rajya Sabha by a method of proportional representation.
Each State Legislative Assembly elects as many representatives as have been allocated to it by the Constitution.
Odisha Legislative Assembly has 147 MLAs who together elect 12 members of Rajya Sabha.
III. Qualifications for the membership of Rajya Sabha:
(a) He must be a citizen of India.
(b) He must be above the age of 30 years.
(c) He must possess all other qualifications as laid down by the Parliament.
(d) He must not hold any office of profit under any government.
(e) He should not be an insane or a bankrupt.
(f) He should not have been disqualified under any law of the Parliament.
Any person residing in any part of India can contest election to the Rajya Sabha from any State.

IV. Tenure:
The Rajya Sabha is a Quasi-permanent House. It is not subject to dissolution as a whole. One third of
its members retire after every two years and elections are held only for the vacant seats. The tenure
of each member of the Rajya Sabha is six years.
V. Sessions:
The President convenes the sessions of the Rajya Sabha usually along with the sessions of the Lok
Sabha or whenever he feels it necessary. However, there cannot be a gap of more than six months
within the two sessions of the Rajya Sabha. The President can call a special session of Rajya Sabha
for getting approved an emergency declaration at a time when Lok Sabha stands dissolved.
VI. Quorum for the Meetings of Rajya Sabha:
The quorum for the meetings of Rajya Sabha is 1/10th of its members. It means that at least 1/10th
of the members of the Rajya Sabha must be present for carrying out the work of the House.
VII. Privileges of Members:
The members of the Rajya Sabha enjoy several privileges. They enjoy unrestricted freedom to
express their views in the House. No action can be taken against them for anything said by them in
the House. They cannot be arrested for any civil offence during, and 40 days before and after the
session of the Rajya Sabha.
VIII. Chairman and Deputy Chairman of the Rajya Sabha:
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He is not a member of the
House. However, he presides over its meetings and conducts its proceedings. During the absence of the
Vice-President, the Deputy Chairman of the Rajya Sabha presides over the meetings.

Powers and Functions of the Rajya Sabha:

1. Legislative Powers:
In law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be
introduced in the Rajya Sabha and it cannot become a law unless passed by it. In case of a deadlock
between the two Houses of Parliament over an ordinary, the President can convene a joint sitting of the
two Houses for resolving the deadlock. The Joint sitting is presided over by the Speaker of the Lok
Sabha. If the bill is passed in the joint sitting, it is sent to the President for his signatures.
2. Financial Powers:
In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the
Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok Sabha comes
before the Rajya Sabha for its consideration. However, if within a period of 14 days, the Rajya Sabha
fails to pass the bill, the bill is taken to have been passed by the Parliament irrespective of the fact
whether the Rajya Sabha has passed it or not.
3. Executive Powers:
The Union Council of Ministers is responsible before the Lok Sabha and not the Rajya Sabha. Lok
Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence.
Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya
Sabha can exercise some control over the ministers by criticising their policies, by asking questions
and supplementary questions, and by moving adjournment motions. Some of the ministers are also
taken from the Rajya Sabha. Now the Prime Minister can also be from Rajya Sabha.
4. Amendment Powers:
Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in
each House.
5. Electoral Powers:
The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected
members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The
members of the Rajya Sabha & Lok Sabha together elect the Vice-President of India. Members of the Rajya Sabha
also elect a Deputy Chairman from amongst themselves.
6. Judicial Powers:
(a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the
Constitution. The charges against the Vice-President can be levelled only in the Rajya Sabha
(b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of
any High Court.
(C) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India,
Comptroller and Auditor General and Chief Election Commissioner.
7. Miscellaneous Powers:
The Rajya Sabha and Lok Sabha jointly perform the following functions:
(a) Approval of the ordinances issued by the President.
(b) Ratification of an emergency proclamation.
(c) Making any change in the jurisdiction of the Supreme Court and the High Courts.
(d) Making any change in the qualifications for the membership of the Lok Sabha and the Rajya
Sabha.
 LOK SABHA - FUNCTIONS AND POWERS

The House of the People is popularly known as the Lok Sabha. It is the lower and powerful house of the
Union Parliament. It represents the people of India. It is directly elected by all the people.
I. Composition:
The present membership of the Lok Sabha is 545, out of these 523 are elected by the people of all Indian
States and 20 by the people of the Union Territories. The President nominates two members of the Anglo-
Indian Community to the Lok Sabha. The maximum membership of the Lok Sabha stands fixed at 552 till
the year 2010.
II. Method of Election of the Members of Lok Sabha - The members of the Lok Sabha are elected on
the basis of the following principles:
(a) Universal Adult Franchise:
Every citizen who has attained the minimum age of 18 years has the right to vote in the elections to the
Lok Sabha. However, it is essential that his name should stand included in the voters list of his
constituency.
(b) Reservation of Seats for SCs and STs:
Some constituencies are reserved for Scheduled Castes and Scheduled Tribes. These are called Reserved
Constituencies. From each reserved constituency only candidates belonging to SCs or STs, as the case may be, can
contest elections. Presently 131 seats stand reserved (84 for SCs and 47 for STs).
(c) Single Member Territorial Constituencies:
The whole country is divided into as many territorial constituencies as is the number of the members of the Lok Sabha
to be elected. From each constituency one MP is elected.
(d) Secret Ballot:
The members of the Lok Sabha are elected by secret ballot and no one knows his voting decision. Now EVMs are being
used in recording votes.
(e) Direct Election and Simple Majority Vote Victory system:
All the members of the Lok Sabha are directly elected by the people. Any voter can cast his vote to elect any candidate
of his choice from his constituency. A candidate securing the largest number of votes from amongst all the contestants
from a constituency gets elected as the representative of the people of his constituency in the Lok Sabha.
III. Qualifications for Membership of the Lok Sabha:
(1) He must be a citizen of India.
(2) He must not be less than 25 years of age.
(3) He must not hold any office of profit in the Government.
(4) He should not have an unsound mind or be a bankrupt.
(5) He should not be a declared offender of a grave crime by any court.
(6) He should possess all such qualifications prescribed by the Parliament.
IV. Tenure:
The normal term of the Lok Sabha is five years. This term can be extended for one year during an emergency.
But fresh elections to the Lok Sabha must be held within six months of the end of emergency. Further, the
President can dissolve the Lok Sabha at any time when the Prime Minister may advise him or when no party
may be in a position to form a government. In this case also a new Lok Sabha has to be essentially elected
within six months.
V. Sessions:
The President can call the session of Parliament at any time but the gap between two meetings of the Parliament
cannot be of more than six months. It means in one year, a minimum of two sessions of the Lok Sabha are
essential.
VI. Quorum:
For a meeting of the Lok Sabha the presence of at least 1/10th of its total members is essential. If 1/10th of the
members are not present in a meeting of the Lok Sabha, the Speaker of the House can adjourn the meeting for
lack of quorum.
VII. Presiding Officers of Lok Sabha: Speaker and Deputy Speaker:
The Speaker is the chairman and presiding officer of the Lok Sabha. In its very fastest meeting, every new Lok
Sabha elects one of its members as the Speaker and another one as the Deputy Speaker. The Speaker presides
over the meetings of the Lok Sabha, conducts its proceedings and maintains discipline and decorum in the
House. In his absence these functions are performed by the Deputy Speaker.
VIII. Privileges of Members:
Lok Sabha MPs enjoy several privileges. They enjoy unrestricted freedom to express their views in
the House. No action can be taken against them for anything said by them in the House. They cannot
be detained for any civil offence during and 40 days before and after the session of the Lok Sabha.
Powers and Functions of the Lok Sabha:
1. Legislative Powers:
An ordinary bill can become law only after it has been passed by both the Houses of Parliament. It
can be introduced either in the Lok Sabha or the Rajya Sabha. When a bill is introduced and passed
by the Lok Sabha, it is sent to the Rajya Sabha. After it has secured the approval of Rajya Sabha, it
goes to the President for his signature.
Almost 90% of the bills are actually introduced in the Lok Sabha. In case the Rajya Sabha rejects a
bill passed by the Lok Sabha and returns it with or without some amendments, the Lok Sabha
reconsiders the bill.
2. Executive Powers:
For all its work, the Council of Ministers is collectively responsible before the Lok Sabha. The Leader of the
majority in the Lok Sabha becomes the Prime Minister. The ministers remain in office so long as they enjoy the
confidence of majority in the Lok Sabha.
The Lok Sabha can remove the ministry from office by passing a vote of no- confidence against it. The Lok
Sabha maintains a continuous control over the Council of Ministers.
MPs can ask questions from ministers about their policies and activities of administration. They can criticise
their policies. They can move and adopt several types of resolutions and motions (adjournment motion, call
attention motion, censure motion and no-confidence motion) and can reject any bill of the government.
3. Financial Powers:
The Lok Sabha has vast financial powers. A money bill can be introduced only in the Lok Sabha. After having
been passed by it, the money bill goes to the Rajya Sabha. Such a bill can be delayed by the Rajya Sabha for a
maximum period of 14 days.
If the Rajya Sabha fails to pass a money bill and 14 days elapse from the date of the submission of the bill to it,
the money bill is deemed to have been passed by both the houses of Parliament. It is sent to the President for his
signature.
4. Judicial Powers:
The Lok Sabha also performs some judicial functions. The impeachment proceedings can be taken up against
the President either in the Lok Sabha or the Rajya Sabha. The President can be removed from office only when
an impeachment resolution is adopted by each of the two Houses with a 2/3 majority of its members.
The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the Vice-President of India.
The Lok Sabha and the Rajya Sabha can together pass a resolution for the removal of any judge of the Supreme
Court or of a State High Court.
Both the Houses can jointly pass a special address and present it to the President for the removal of some high
officers of the state like the Attorney General, the Chief Election Commissioner and the Comptroller and
Auditor General of India.
5. Electoral Functions:
The Lok Sabha also performs some electoral functions. The elected members of the Lok Sabha take part in the
election of the President. Members of the Lok Sabha and the Rajya Sabha together elect the Vice-President of
India. The members of the Lok Sabha also elect a Speaker and a Deputy Speaker from amongst themselves.
Some Other Powers of Lok Sabha:

The Lok Sabha and the Rajya Sabha jointly perform the following functions:

(a) Approval of the ordinances issued by the President

(b) Change of the boundaries of the States. State, creation of new states and change in the name of any state.

(c) Changes in the jurisdiction of the Supreme Court and the High Courts.

(d) Changes the qualifications of the members of the Parliament and State Legislatures.

(e) Revising the salary and allowances of the members of Parliament,

(f) The setting up of Joint Public Service Commission for two or more states.

(g) Approval of a Declaration of Emergency.

 Contents

✔ PRESIDENT OF INDIA - FUNCTION AND POWERS

✔ PRESIDENT OF USA - FUNCTION AND POWERS

 PRESIDENT - Functions and Powers
PRESIDENT

Indian President is the Head of the state and first citizen of India. He is a part of Union Executive along with Vice-
President, Prime Minister, Council of Ministers, and Attorney-General of India. 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. He is the symbol of
solidarity, unity, and integrity of the nation.

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.
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry.
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?
Qualifications of the President are:
Indian Citizen, Age - Minimum of 35 years, He should qualify the conditions to be elected as a member of the
Lok Sabha, 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.
Powers and Functions of the President of India
(A) 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 - Comptroller and Auditor General of India (CAG), Chief Election Commissioner and
other Election Commissioners, Chairman and members of the Union Public Service Commission, State Governors, Finance
Commission of India – its 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 Scheduled Castes, Scheduled Tribes and Other Backward Classes.
8. He appoints administrators of union territories.
9. He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal
areas.
(B) Legislative Powers of President
1.He summons 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 (to read on how a bill is passed in the Indian
Parliament, check the linked article.)
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
a. Comptroller and Auditor General
b. Union Public Service Commission
c. 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 year

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him

2. He takes advises from Supreme Court however, those advise are 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 offense 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, and

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); and

3. Financial Emergency (Article 360)

.
 President of America
1. He is the powerful head of state and executive body.

2. President is elected by direct elections by people.

3. The term of the President is 4 years.

4. One person cannot be President for more than two terms. A man or woman can become President.

5. President appoints own cabinet secretaries for various portfolios. He is similar to the Prime Minister of India
in some ways.

6. President is not a member of the legislature (congress). The congress members, elected directly by people
make the laws. So, the President of USA needs to push his/her decisions/proposed laws through the congress
members in order to pass them as laws.

7. President has a veto power for major decisions made by the congress.
8. President does not dissolve the legislature.

9. There is no immunity against legal proceedings against the President in either criminal or civil cases.

10. President of America has a global influence with globally influencing strong organizations and head offices
of strong western allies, located in the USA.

11. President can appoint one fifths of the officials of the administrative services.

12. President initiates and monitors the proceedings of the congress, through the members of the party to which
he/she belongs to.

13. President holds majority of the powers of the federation.

14. He/she can initiate, conclude or continue the economic, financial or other cooperation between USA and
other countries.

15. President has the power to command the military, Air Force or Navy related to war and peace.
 Contents

✔ PRIME MINISTER - FUNCTION AND POWERS

 PRIME MINISTER - Functions and Powers
The Prime Minister is the real executive authority of the country. He appoints many officers as the head of many
constitutional institutions.

There is no special process for the election of the Prime Minister in the Constitution of India. Article 75 only says
that India shall have a Prime Minister whose appointment shall be made by the President. The Prime Minister is the
leader of the Council of Ministers. The President is the nominal ruler while the real executive is the Prime Minister.

The main functions of Prime Minister related to the Council of Ministers are as follows:

1. The Prime Minister recommends the names of members of his team to appoint as a Minister. The President can
only make those people as ministers whose names are recommended by the Prime Minister.

2. Prime Minister determines which department will be given to which minister and he can also change the allotted
department of any Minister.

3. He also presides over the meeting of the Council of Ministers and can change the decisions according to his
wishes.
4. He can ask any minister to resign or advise the President to dismiss him in case of differences of
opinion.

5. He also controls and directs the activities of all Ministers.

6. He can bring about the collapse of the Council of Ministers by resigning from office.

Note: If the Prime Minister resigns from his post or dies, then other ministers can’t do any work,
which means the Council of Ministers dissolves itself with the death/resignation of the Prime
Minister.

Rights in relation to appointments:

The Prime Minister has the right to give advice to the President in relation to the appointment
of the following officers: The Comptroller and Auditor General of India, Attorney-General of India,
Solicitor General of India, President of the Union Public Service Commission and its members,
Election Commissioners, Chairman and Members of the Finance Commission.
Rights in the context of Parliament:

The Prime minister is the leader of the lower house of Parliament and he enjoys the following powers.

1. He advises the President with regard to summoning and proroguing of the sessions of the parliament.

2. He can recommend the dissolution of the sessions of the Parliament.

3. He declares government policies on the floor of the house.

Other powers of the Prime Minister:

1. He plays an important role in shaping the foreign policy of the nation.

2. He is the chief spokesman of the Central Government.

3. He is the leader of the ruling party.

4. He is ex-officio Chairman of the NITI Aayog, National Development Council, National Integration Council,
Inter-State Council and National Water Resources Council.

5. He is the crisis manager-in-chief at the political level during emergencies.

6. He is the political head of the armies.

Relation to the President of India

The relationship between the President and the Prime Minister is given in the following two articles.

1. Article 74: There shall be a Council of Ministers to help and advise the President of India. The President shall
work as per the instructions given by the Prime Minister but the President has the power to request the council of
the minister to reconsider the advice. Although the President is bound to work as per the advice given after the
reconsideration.

2. Article 75:

a. The President will appoint the Prime Minister and other ministers shall be appointed by the President on the

advice given by the Prime Minister.

b. The Ministers can remain on his post till the pleasure of the President.

c. The Council of Ministers shall be collectively responsible to the Lok Sabha.

Prime Minister's Duties:

1. Submit the report of all the affairs of the Council of Ministers to the President.

2. Give full information to the President regarding any emergency situation or any sudden development in the
foreign policy.

3. Inform the President on all the decisions of the Council of Ministers related to the activities and administration
of the Union.

Thus, it can be said that in the Parliamentary system of India, the President is the only nominal Executive Chief
and the actual executive powers are contained in the Prime Minister.
 Contents

✔ Independence of Judiciary in India

✔ Appointment of Judges in Indian Judiciary
 Independence of Judiciary

Independence of judiciary has three meanings:

(i) The judiciary must be free from encroachment from other organs in its
sphere. In this respect, it is called separation of powers. Our Constitution
makes the judiciary absolutely independent.

(ii) It means the freedom of the judgments and free from legislative
interference.

(iii) The decisions of the judiciary should not be influenced by either the
Executive or the Legislature - it means freedom from both, fear and favour
of the other two organs.
 Methods to Secure Independence of Judiciary
Sincere efforts have been made to secure the independence of judiciary through the following
methods:
(a) High Qualifications:
Politics in the appointment of judges has been avoided by prescribing high minimum qualifications for
such assignments in the Constitution itself. An aspirant for such an important office must have been a
judge of a High Court, at least for five years or must an advocate of a High Court be at least for ten
years, or be a distinguished jurist.
(b) Handsome Remuneration Subject to Vote of Legislature:
Every judge is paid a high salary to maintain his status and dignity. During their term of office, their
salaries and allowances cannot be altered to their disadvantage, except in grave financial emergency.
The administrative expenses of the Court are charged on the Consolidated Fund. Evidently, their
salaries and allowances compare favourably with those of judges in other courts of the world.
(c) Security of Tenure:
The Judges of the Supreme Court enjoy security of tenure. They are not removable from office except
by an order of the President and that only on the ground of proved misbehaviour or incapacity,
supported by a resolution adopted by a majority of total membership of each House and also by a
majority of not less than 2/3 of the members of that House present and voting.
(d) Lengthy Tenure:
Although the Constitution does not provide for life tenure, the existing provision of 65 years, in effect
amounts to nearly the same. A retiring age of 65 is, by Indian standard, very high, considering the
average span of life in India and also the average fitness of persons for work in old age. Moreover, a
retired judge according to Article 128, may be reappointed a judge by the Chief Justice of India, with
the consent of the President.
(e) Oath to Work Fearlessly:
Before assumption of office, the judges have to take an oath to perform their duties fearlessly and to
uphold the Constitution.
(f) No Practice after Retirement:

A retired judge of the Court is prohibited from practising law before any Court of authority within the
territory of India. The Constitution, however, permits the appointment of a retired judge for a
specialized form of work by the Government, for instance for conducting enquiries and special
investigations.
(g) Powers to Make Rules to Regulate their Procedure:
The Supreme Court is equipped with full powers to make rules for regulating its practice and
procedure and to take effective steps for the enforcement of its orders.
(h) Denial of Political Office before or after Retirement:
The judges should not be allowed to hold political office after retirement otherwise they will have the
temptation of creating ground for becoming the political leaders or gaining some other lucrative office
through political Godfathers during their tenure as judges.
(i) Appointment by the Executive:
Independence of judiciary to quite a great extent, depends on the method of appointment of judges.
Every judge of the Indian Supreme Court is appointed by the President, after consultation with such
of the judges of the Supreme Court, and the High Courts of the State, as the President may deem
necessary for the purpose. In the appointment of a judge other than the Chief Justice, the President
must consult the Chief Justice.
 Appointment of Judges in Indian Judiciary
▪ Judiciary in our country is the main pillar of democracy which helps
in the smooth functioning of democracy.

▪ Judges are the main aspects of the judiciary. It is mandatory that the
judges have to be efficient in order for the judiciary to be successful.

▪ Judges are respected in our country and people have lots of faith and
hopes on them, thus it is necessary to make sure that the appointment
of judges is proper and not biased.
Appointment of Judges in the District Courts
Qualifications
Article 233 of the Indian Constitution deals with the appointment of District Judges. According to
this article, there are certain qualifications for a person to be appointed as a District Judge, they are:
∙ The person has to be in practice as an advocate for seven years or more.
∙ The person should not be in working in any other services of the Union or the State.
∙ The person has to be recommended by the High Court for employment.
Procedure for appointment
According to Article 233, the appointment can be done only after consulting the Governor of the
State and also the Judges of the High Court that is exercising jurisdiction in the State. Article 235 of
the Indian Constitution provides powers to the High Courts to have control over the persons in the
judicial service in the district courts.
Appointment of Judges in the High Courts
Qualifications - The qualifications regarding the appointment are provided in Article 217.

∙ The person appointed must be a citizen of India .

∙ The person appointed should have held a judicial office in the territory of India for at least ten years .
∙ The person appointed should have been an advocate in the High Court for at least ten years.
Procedure - Article 217 of the Indian Constitution provides the procedure regarding the appointment of judges
in the High Courts.
∙ The judges of the High Courts can be appointed only by the warrant of the President and his seal.
∙ The appointment can be done only after consulting the Chief Justice of India and the Governor of the State.
∙ The person can hold the office as a judge until he is sixty-two years old.
∙ The Judges appointed must take an oath before the Governor of the State according to Article 219. The oath
must be according to the form that is provided for the purpose in the Third Schedule.
Appointment of Judges in the Supreme Court
Procedure - Article 124 of the Indian Constitution deals with the appointment of Judges of the Supreme Court.
Article 124 of the Constitution says only seven judges can be appointed in the Supreme Court and the
appointment can be increased when the Parliament deems it to be necessary. The President has the power to
appoint Judges after consulting the Chief Justice of India, the other Judges of the Supreme Court and also in
certain cases other judges of the High Court.
Qualification - Article 124 of the Indian Constitution provides various qualifications which have to be satisfied
for the appointment.

∙ The recommended person must be a citizen of India .

∙ They should not be above 65 years of age.
∙ They must have been a judge of one or more High courts continuously for five years.
∙ They must have been an advocate in the high court for at least ten years.
∙ The recommended person must be a distinguished jurist in the opinion of the President.
Appointment of acting Chief Justice and Ad-Hoc judges

Article 126 of the Indian Constitution deals with the appointment of acting Chief Justice.

The President can appoint other judges of this court as acting Chief Justice when the office of Chief

Justice is vacant or they are unable to perform their duties due to various issues like health issues.

Article 127 deals with the appointment of Ad Hoc judges. Ad Hoc judges can be appointed in various

situations like when the quorum of the Judges of the Supreme Court are not available to hold or

continue any session of the Court, then it is the duty of the Chief Justice to appoint Ad hoc judges with

the consent of the President of India.

 Contents

✔ Judicial Review
✔ Judicial Activism
✔ Public Interest Litigation (PIL)
 Judicial Review
✔ Judicial Review refers to the power of the Judiciary to review and determine
the validity of a Law or an Order.
✔ Judicial Review is defined as the doctrine under which executive and
legislative actions are reviewed by the judiciary.
✔ Judicial Review is the power of the courts to consider the constitutionality of
acts of organs of Government and declare it unconstitutional if it violates or is
inconsistent with the basic principles of the Constitution.
✔ This means that the power of the legislature to make laws is not absolute and
that the validity and constitutionality of such laws are subject to review by the
courts.
Judicial Review and Constitution
✔ According to Article 13(2), the Union or the States shall not make any law that
takes away or abridges any of the fundamental rights, and any law made in
contravention of the aforementioned mandate shall be void.
✔ Judicial review is called upon to ensure and protect Fundamental Rights which are
guaranteed in Part III of the Constitution.
✔ The power of the Supreme Court of India to enforce these Rights is derived from
Article 32 of the Constitution. This provides citizens the right to directly approach
the SC to seek remedies against the violation of Fundamental Rights.
 Judicial Review Classification
Three categories.
1. Reviews of Legislative Actions - This review implies the power to ensure that laws passed by the
legislature are in compliance with the provisions of the Constitution.
2. Review of Administrative Actions - This is a tool for enforcing constitutional discipline over
administrative agencies while exercising their powers.
3. Review of Judicial Decisions - This is seen in the Golaknath case, bank nationalisation case,
Minerva Mills case, privy purse abolition case, etc.
Examples of Judicial Review - IT Act, Section 66(A)
In 2015, the Supreme Court struck down Section 66(A) of the amended Information Technology Act,
2000. This provided the punishment for sending “offensive” messages through a computer or any other
communication device like a mobile phone or a tablet. A conviction could fetch a maximum of three
years in jail and a fine.
This was repealed by the SC on the grounds that this section fell outside Article 19(2) of the
Constitution, which relates to freedom of speech.
 Judicial Activism
The judiciary plays an important role in upholding and promoting the rights of citizens in a country.
The active role of the judiciary in upholding the rights of citizens and preserving the constitutional
and legal system of the country is known as Judicial Activism. This involves, sometimes
overstepping into the territories of the executive.
Judicial Activism Methods
There are various methods of judicial activism which are followed in India. They are:
1. Judicial review (power of the judiciary to interpret the constitution and to declare any such law or
order of the legislature and executive void, if it finds them in conflict with the Constitution).
2. Public Interest Litigation (PIL).
3. Constitutional interpretation.
4. Supervisory power of the higher courts on the lower courts.
 Significance of Judicial Activism
∙ It is an effective tool for upholding citizen’s rights and implementing constitutional principles
when the executive and legislature fails to do so.
∙ Citizens have the judiciary as the last hope for protecting their rights when all other doors are
closed. The Indian judiciary has been considered as the guardian and protector of the Indian
Constitution.
∙ There are provisions in the constitution itself for the judiciary to adopt a proactive role. Article 13
read with Articles 32 and 226 of the Constitution provides the power of judicial review to the
higher judiciary to declare any executive, legislative or administrative action void if it is in
contravention with the Constitution.
 Public Interest Litigation (PIL)
A Public Interest Litigation (PIL) is introduced in a court of law by a private party or by the court
itself. When there is a question of public interest then a writ petition may be filled by someone even
though he may not be directly involved in that matter.
Thus, the expression Public Interest Litigation means a legal action initiated in a court of law for
enforcement of public interest.
∙ PILs have become effective tool for enforcing the legal obligation of the executive and the
legislature.
∙ The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people.
∙ It is generally used to safeguard group interests and not individual interests.
∙ The Supreme Court of India and the High Courts have the right to issue PILs.
∙ PILs have been responsible for some landmark judgements in India such as the banning of the
instant triple talaq, opened up the doors of the Sabarimala and the Haji Ali shrines to women,
legalised passive euthanasia etc.
 Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by
filing a petition:
1. In the Supreme Court under Article 32.
2. In the High Courts under Article 226.
The court can treat a letter as a writ petition and take action on it. The court has to be
satisfied that the writ petition complies with the following: the letter is addressed by
the aggrieved person or a social action group for the enforcement of legal or
constitutional rights to any person who, upon poverty or disability, are not able to
approach the court for redress. Even, a letter, post card, newspaper report or email
addressed to the Supreme Court by a person, acting in public interest has been
accepted as a petition.
 Significance of Public Interest Litigation (PIL) in India
⮚ The original purpose of PILs has been to make justice accessible to the poor.
⮚ It is an important tool to make human rights reach those who have been denied
rights.
⮚ It democratises the access of justice to all. Any citizen/agency who is capable can
file petitions on behalf of those who cannot or do not have the means to do so.
⮚ It helps in judicially monitoring state institutions like prisons, asylums, protective
homes, etc.
⮚ It is an important tool in judicial review.
 History of Public Interest Litigation (PIL) in India
1. Hussainara Khatoon v. State of Bihar - Many have regarded this case as the first PIL in India as
well. In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials
from Patna’s jails in the famous Hussainara Khatoon case. Hingorani was a lawyer. This case was
filed in the SC before a Bench led by Justice P N Bhagwati. The court permitted Hingorani to pursue
a case in which she had no personal locus standi making PILs a permanent fixture in Indian
jurisprudence.

2. M.C. Mehta v. Union of India - The judgment delivered on January 12, 1988, lashed out at civic
authorities for allowing untreated sewage from Kanpur’s tanneries to make its way into the Ganges.
The court passed three landmark judgments and a number of Orders against polluting industries,
numbering more than 50,000 in the Ganga basin, from time to time. In this case, apart from industries,
more than 250 towns and cities also had to set up sewage treatment plants.
 Contents

✔ Lokpal and Lokayukta Act, 2013

 Lokpal and Lokayukta Act, 2013
∙ Lokpal and Lokayukta are India’s anti-corruption ombudsman at centre and state
levels respectively, to look into corruption charges against certain categories of
public servants.
∙ They are not constitutional bodies but derive their powers from the act enacted in
2013 – the Lokpal and Lokayuktas Act.
∙ Lokpal and Lokayuktas Act, 2013 provides for the appointment of a Lokpal at the
Centre and Lokayuktas in States, its structure, jurisdiction and powers.
∙ The Lokpal act also called upon states to appoint a Lokayukta within a year of it’s
coming into force.
 History

∙ In 1966, the First Administrative Reforms Commission recommended the setting

up of two independent authorities - at the central and state level.
∙ Lokpal bill was passed in Lok Sabha in 1968 but it lapsed with its dissolution.
Several attempts were made since then to pass the bill.
∙ Later, the Commission to Review the Working of the Constitution and the Second
Administrative Reforms Commission also recommended its establishment.
∙ The United Progressive Alliance (UPA) government was successful in getting the
Lokpal and Lokayuktas Bill, 2013, passed in both the Houses of Parliament after
being pressured by the “India Against Corruption movement” led by Anna Hazare.
 About Lokpal
∙ Lokpal consists of one chairperson and a maximum of 8 members.
∙ Chairperson of the Lokpal should be either the former Chief Justice of India or the former Judge of
the Supreme Court or an eminent person with outstanding ability, having special knowledge and
expertise of minimum 25 years in the matters relating to anti-corruption policy, public
administration, vigilance, finance including insurance and banking, law and management.
∙ Half of the members should be judicial members (former Judges of the Supreme Court or a former
Chief Justice of the High Court) and 50% of the members should be from SC/ ST/ OBC/ Minorities
and women.
∙ The non-judicial member should be an eminent person with outstanding ability, having special
knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy,
public administration, vigilance, finance including insurance and banking, law and management.
Term of Office - The term of office for Lokpal Chairman and Members is 5 years or till the age of 70
years.
Appointment
∙ The members are appointed by the President on the recommendation of a Selection Committee.
o Selection Committee - The selection committee is composed of
▪ The Prime Minister who is the Chairperson;
▪ Speaker of Lok Sabha,
▪ Leader of Opposition in Lok Sabha,
▪ Chief Justice of India or a Judge nominated by him/her and
▪ One eminent jurist.
∙ For selecting the chairperson and the members, the selection committee constitutes a search panel of
at least eight persons. Lokpal Search Committee would shortlist the names prepared by the
Department of Personnel and Training (DoPT) and place then before the Selection panel.
Conditions of Office
∙ The Salary allowances and other conditions of service of the chairperson and members are
equivalent to that of Chief Justice of India and Judge of the supreme court respectively.
∙ They are not eligible for reappointment, cannot hold any constitutional or governmental office.
∙ They cannot contest any elections for a period of 5 years.
Jurisdiction of Lokpal - It includes
o The Prime Minister, except on allegations of corruption relating to international relations,
security, atomic energy and space.
o Ministers and members of Parliament.
o Groups A, B, C and D officers.
o Officials of Central Government.
o Any person who is or has been in charge (director/ manager/ secretary) of anybody/ society set up
by central act or any other body financed/ controlled by the central government and any other
person involved in an act of abetting, bribe giving or bribe-taking.
 Powers of Lokpal
∙ It has Superindence over the Central Bureau of Investigation and can give directions to it. If a case
is referred to CBI by Lokpal, the investigating officer in such a case cannot be transferred without
the approval of Lokpal.
∙ Lokpal will have an Inquiry Wing and Prosecution Wing. The Inquiry Wing has the powers of a
Civil Court.
∙ It can confiscate assets, proceeds, receipts and benefits arisen or procured by means of corruption
in special circumstances.
∙ It can transfer or suspend public servants connected with allegations of corruption.
∙ It has the power to give directions to prevent the destruction of records during the preliminary
inquiry.
 Functioning
∙ A complaint can be made to the Lokpal for an offence under the Prevention of Corruption Act.
∙ The Lokpal may order a primary inquiry by its Inquiry Wing or refer it any investigation agency
like CBI.
∙ With respect to Central Government Servants, it may refer cases to the Central Vigilance
Commission.
∙ Preliminary Enquiry report should be done within 60 days.
∙ A Lokpal bench of not less than 3 members considers it and after giving an opportunity to the
public servant, decides on a further investigation – it may dismiss, initiate a full investigation or
start departmental proceedings.
∙ The primary investigation should be normally completed within 90 days.
∙ The trials will be held in special courts, which must complete them within one year.
∙ Extensions can be made but the total period cannot exceed two years.
 The Lokpal and Lokayuktas (Amendment) Act, 2016

∙ The Bill amends the Lokpal and Lokayuktas Act, 2013 in relation to the declaration of assets and
liabilities by public servants.
∙ The Lokpal Act requires a public servant to declare his assets and liabilities, and that of his spouse
and dependent children. Such declarations must be made to the competent authority within 30 days
of entering the office.

Amar Ujala, 18.10.2020

 Contents

✔ 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 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 nominal head or constitutional head.
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 seal. Central Government nominate the
governor for each state. 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 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. Governor may also get transferred from one State to another by
the President. He also can be reappointed.
Who is qualified to become a Governor?
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 follow 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.
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 after giving two months of prior notice.
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. Chief Ministers and other ministers of the states are appointed by him. He also appoints Tribal
Welfare Minister in the states of Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha.
3. He appoints the Advocate General of states and determines their remuneration.
4. He also appoints the State Election Commissioner, Chairman and Members of the State Public
Service Commission, Vice-Chancellors of the Universities in the state.
5. He seeks information from the State government.
6. A constitutional emergency in the State is recommended to the President by him.
7. 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. He has power to postpone 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 Literature, Science, Art, Social Service.
6. Governor nominates 1 member in State legislative assembly from Anglo-Indian Community.
7. 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.
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.
Judicial Powers of the Governor
The following are the judicial powers and functions of the Governor:
1. President consults the Governor while appointing judges of High Court.
2. In consultation with the State High Court, Governor makes appointments,
postings, and promotions of the district judges.
3. In consultation with the state high court and state public service commission, he
also appoints persons to the judicial services.
The Governor can pardon, grant a reprieve, a respite, suspend or commute the
punishment of any person convicted of any offense against state law. The
Governor cannot, however, pardon a death sentence. Only suspend or remit is
allowed. Only the President has the power to pardon a death sentence.
 Contents

✔ Chief Minister - Appointment, Powers and Functions

✔ The Council of Ministers
✔ State Legislature
 Chief Minister - Appointment, Powers and Functions
Chief Minister is the real executive of the State Government.
Appointment of Chief Minister
Our constitution does not specifically mention about the qualification to be appointed as Chief
Minister (CM). Article 164 of the Constitution says that the Chief Minister shall be appointed
by the Governor. However, this does not imply that the governor is free to appoint anyone as
the Chief Minister of the state or UT.
Powers and functions of the Chief Minister
With respect to Council of ministers – The following are the powers of CM with respect to
State council of Ministers –
1) He advises the Governor to appoint ministers.
2) Allocation and reshuffling of portfolios among ministers.
3) In case of difference of opinion; he can ask minister to resign.
4) Directs, guides and controls activities of all the ministers.
5) If the Chief Minister resign then full cabinet has to resign.
With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link between Governor
and state council of ministers. The functions with respect to the Governor are as follows:
1) CM has to communicate to the Governor all the decisions of the council of ministers
relating to the administration of the states.
2) Whenever the Governor calls for any information relating to the decisions taken or
regarding the administration, the CM has to provide him the same.
3) The Governor can ask for consideration of council of ministers when a decision has been
taken without the consideration of the cabinet.
4) CM advises Governor regarding the appointment of important officials like Attorney
General, State Public Service Commission (Chairman and Members), State Election
Commission etc.
With Respect to State Legislature –
1) All the policies are announced by him on the floor of the house.
2) He recommends dissolution of legislative assembly to the Governor.
3) He advises the Governor regarding summoning, proroguing the sessions of State Legislative
Assembly from time to time.
Other Functions
1) He is the authority to be in contact with the people regularly and know about their problems so as
to bring about policies on the floor of the assembly.
2) He acts as the chairman of State Planning Commission.
3) He is the vice chairman of concerned zonal council in rotation for a period of one year.
4) During emergencies he acts as the crisis manager in the state.
5) He is the leader of the MLAs elected by the general public of the state.
 THE COUNCIL OF MINISTERS
The Council of Ministers in the State is Constituted and functions in the same way as the Union
Council of Ministers.
Article 154 - Executive power of State: The executive power of the State shall be vested in the
Governor and shall be exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
Article 163 - Council of Ministers to aid and advise Governor: There shall be a Council of
Ministers with the Chief Minister as the Head to aid and advise the Governor in the exercise of
his functions.
Article 164 - The Chief Minister is appointed by the Governor. The person who commands the
majority support in the State Legislative Assembly (Vidhan Sabha) is appointed as the Chief
Minister by the Governor. The other Ministers included in the Council of Minister must belong to
either House of the State legislature. The portfolios to the members of the Council of Ministers
are allocated by the Governor on the advices of the Chief Minister.
Other provision of Article 164 in simplified manner as below:
1A) Provision for tribal ministers in some states: In the States of Chhattisgarh, Jharkhand, Madhya
Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in
charge of the welfare of the Scheduled Castes and backward classes or any other work.
1B) Strength of ministers: The total number of Ministers, including the Chief Minister, in the
Council of Minister in a State shall not exceed fifteen per cent of the total number of members of the
Legislative Assembly of that State. Number of Ministers including the Chief Minister in a State shall
not be less than twelve.

2) Collective responsibility: The Council of Ministers shall be collectively responsible to the

Legislative Assembly of the State.
3) Oath: Before a Minister enters upon his office, the Governor shall administer to him the oaths of
office and of secrecy.
4) Condition of becoming a member of legislature: A Minister who for any period of six
consecutive months is not a member of the Legislature of the State shall at the expiration of
that period cease to be a Minister.
5) Salaries: The salaries and allowances of Ministers shall be such as the Legislature of the
State may from time to time determines by laws.

Term of Council of Ministers - The Council of Ministers holds its office during the
pleasure of the Governor. It has no fixed term of office. The term of the Council of Ministers
depends on the support of the majority members of the Legislative Assembly. If it loses
majority support in the legislative Assembly, it has to resign. The Governor may also remove
a Minister from the council of Ministers on the advice of the Chief Minister.
 State Legislature
Article 168 - 212
Part VI of the Constitution is concerned with the State Legislature. It comprises state legislature and
executives. Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers of the state legislature.
Bicameral and Unicameral States
In some of the States, the Legislature shall consist of two Houses - the Legislative Assembly and the Legislative
Council. While in the rest of the states, there shall be only one House - Legislative assembly.
The constitution provides for the abolition of the second chamber in a state where it exists as well as for the
creation of such a chamber in a state where there is none at present. The State Legislature which has only one
House is known as the Legislative Assembly (Vidhan Sabha) and in the State which has two houses, the Upper
House is known as the Legislative Council (Vidhan Parishad) and the lower House is known as the Legislative
Assembly (Vidhan Sabha). The States having two Houses are Bihar, Maharashtra, Karnataka, Andhra Pradesh,
Telangana and Uttar Pradesh.
Legislative Assembly - The Legislative Assembly is the popularly elected chamber and is the real Centre of
power in a State. The maximum strength of an assembly must not exceed 500 or its minimum strength fall below
60. But some of the States have been allowed to have smaller Legislative Assemblies, e.g. Sikkim, Arunachal
Pradesh, Goa, etc.
The territorial constituencies demarcation should be done as far as possible, such that the ratio between the
population of each constituency and the number of seats allotted to it is the same all over the State. Apart from
these general provisions, there are also special provisions with respect to the representation of SC and ST. In case
the Governor feels that the Anglo-Indian community is not adequately represented, he can nominate one member
of that community to the assembly.
Legislative Council - The Legislative Council of a State Comprises not more than one-third of the total number
of members in the Legislative Assembly of the State and in no case less than 40 members. The system of the
composition of the Council as provided for in the Constitution is not final. The final power is given to the
Parliament of the Union.
Duration of Legislative Assembly & Legislative Council
The duration of the Legislative Assembly is five years. The Governor has the power to dissolve the
Assembly even before the expiry of its term. The period of five years, may, while a proclamation of
emergency is in operation, be extended by the Parliament by law for a period not exceeding one year
at a time.
Legislative Council will be a partly nominated and partly elected body, the election being an indirect
one and in accordance with the principle of proportional representation by the single transferable vote.
Unlike the Legislative Assembly, the Legislative Council is not subject to dissolution. It is a
permanent body unless abolished by the Legislative Assembly and Parliament by the due procedure.
But no person can be a permanent member of the Council as one-third of the members of the Council
retire on the expiry of every second year. It amounts to a term of six years for each member.
The members being drawn from various sources. Broadly speaking 5/6 of the total number of
members of the Council shall be indirectly elected and 1/6 will be nominated.
(a) One-third of the total number of members of the Council would be elected by electorates consisting
of members of local bodies like the municipalities and the district boards.
(b) One-twelfth of the members are elected by electorates comprising of graduates of the standing of
three years dwelling in that particular state.
(c) One-twelfth of the members are elected by electorates consisting of teachers who have been in the
teaching profession for at least 3 years in educational institutes in that state, which are not lower than
secondary schools in the standard.
(d) One-third are elected by members of the Legislative Assembly from amongst people who are not
Assembly members.
(e) The rest would be nominated by the Governor from persons having knowledge or practical
experience in matters like science, literature, cooperative movement, art and social service.
Qualifications of Members of Legislative Assembly

A person shall be qualified to be selected to occupy a seat in the Legislature of a State if

(a) He is an Indian citizen.

(b) His age is 25 years or above for Legislative Assembly, and 30 or above for Legislative Council.

(c) He possess such other qualifications as may be prescribed by the Parliament.

Facts about Speaker & Deputy Speaker:

1. The duties and powers of the Speaker are almost similar to the Speaker of the Lok Sabha.

2. He may resign his office at any time.

3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of all the then

members of the Assembly after fourteen day’s notice of the intention to move such a resolution.

4. Speaker does not vacate his office on the dissolution of the Assembly.

5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the dissolution.

6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.
Facts about Chairman & Deputy Chairman:

1. The Council chooses from amongst its members a Chairman and a Deputy Chairman.

2. They may be removed by a resolution of the Council passed by a majority of all the members of the
Council, provided fourteen day’s notice to move such resolution of removal has been given.

3. The Chairman presides at all sittings of the Council and in his absence the Deputy Chairman.

4. While the office of the Chairman is vacant, the duties of his office are performed by the Deputy
Chairman. If the office of the Deputy Chairman is also vacant, such member of the Council as the
Governor may appoint shall perform all such duties connected with the office of the Chairman.
Powers & Functions of State Legislature
The functions of the state’s Legislative Council are only advisory in nature. If any Bill is passed by the
Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the
Assembly has the right to reconsider it. The assembly may pass it with or without the amendments
proposed by the Council, and again send it to the Council. When a bill approved by the Assembly is
sent to the Council for the first time, it may retain it for three months, but in the case when it is sent for
the second time and is kept in the Council for one month only. In the case of Money Bills, the State
Assembly’s powers are the same as those of the Lok Sabha.
(1) All the LC can do is delay the passing of a money bill by 14 days, a non-money bill by 3 months or
a non-money bill that is sent back to it with recommendations by 1 month.
(2) There is no provision in the Constitution for a joint sitting of the State Legislature. It is to be noted
that while the Vidhan Sabha can override the Vidhan Parishad, the vice versa is never possible.
(3) The LC members do not participate in the election of the President of the country. They do not
have any meaningful role in a constitutional amendment.
The Legislature of a State implies its Legislative Assembly which possesses the following major powers and
functions:

(1) It can create laws on any subject in the State List; it can also create laws on the Concurrent List provided the
law does not contradict or conflict any law already made by the Parliament.

(2) The Assembly asserts control over the Council of Ministers. Assembly members can question the ministers,
move motions and resolutions, and also pass a vote of censure in order to dismiss the state government.

(3) The Assembly controls the State’s finances. A money Bill can emerge from the Assembly and it is
considered passed by the Legislative Council after a lapse of fourteen days after reference made to it by the
Sabha. It could reject or pass the grants or reduce their amount indicating rejection or adoption of the budget
and hence, implying victory or defeat of the State Government.

(4) The Assembly has constituent powers. With reference to Article 368, certain Bills of Constitutional
amendment after being passed by the Parliament would be referred to the States for the process of ratification.
In these cases, the Vidhan Sabha has a role to play. It should give its judgement by passing a resolution by a
simple majority indicating approval or disapproval of the said Bill.
Some other powers of the State Assembly are as under:
(a) It elects its Speaker as well as Deputy Speaker. It can also remove them by a no-confidence vote.
(b) It participates in the election of India’s President.
(c) It also considers reports presented by agencies such as the Auditor-General, State Public Service Commission, and
others.
Limitations on the powers of State Legislature
(i) Certain types of Bills cannot be moved in the State Legislature without the previous sanction of the President of
India.
(ii) Certain Bills passed by the State Legislature cannot become operative until they receive the President’s assent after
having been reserved for his consideration by the Governor.
(iii) The Constitution empowers Parliament to frame laws on subjects included in the State List if the Council of States

.
declares that it is necessary and expedient in the national interest that Parliament should Legislate on these subjects

(iv) Parliament can exercise the power to make laws for the whole or any part of the territory of India with respect to
any of the matters enumerated in the State List, while a Proclamation of emergency is in operation.
THANK
YOU…