VAJIRAM & RAVI

GENERAL STUDIES

INDIAN POLITY
( PART 2 )

2018
VAJIRAM & RAVI
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 INDEX

CHAPTERS PAGE
Nos.

1. GOVERNMENT OF THE STATE

1.1 THE STATE EXECUTIVE 01

1.2 THE GOVERNOR 01
1.3 THE COUNCIL OF MINISTER
AND CHIEF MINISTER 14
1.4 ADVOCATE GENERAL 17
1.5 THE STATE LEGISLATURE 18

2. THE JUDICIARY

2.1 THE SUPREME COURT 23

2.2 THE HIGH COURTS 33
2.3 SUBORDINATES COURTS IN
DISTRICTS 41
2.4 ISSUE RELATED TO JUDICIARY 45

3. LOCAL GOVERNMENT
3.1 HISTORY OF PROGRESS OF LOCAL SELF GOVERNMENT
3.2 URBAN LOCAL GOVERNMENT

4. UNION TERRITORIES AND OTHER TOPICS

4.1 ADMINISTRATION OF UNION TERRITORIES
4.2 PROVISIONS FOR JAMMU AND KASHMIR
4.3 SPECIAL PROVISIONS FOR SOME STATES
 4.4 CENTER- STATE RELATIONS
4.5 CO- OPERATIVE FEDERALISM
4.6 MAJOR RECOMMENDATIONS OF THE SARKARIA COMMISSION
4.7 PUNCHHI COMMISSION ON CENTER-STATE RELATIONS
4.8 AGENCIES OUTSIDE THE CONSTITUTION

5. COMPTROLLER AND AUDITOR- GENERAL OF INDIA

5.1 INTRODUCTION
5.2 SOME DESCRIPTION OF CAG'S WORK
5.3 ACTION AUDIT REPORTS
5.4 CAG’S ROLE
5.5 APPRAISAL OF THE WORK OF CAG

6. ELECTION COMMISSION
6.1 INTRODUCTION

7. FINANCE COMMISSION

8. PUBLIC SERVICE COMMISSIONS

8.1 UPSC
8.2 STATE AND JOINT PUBLIC SERVICE COMMISSIONS
8.3 INDEPENDENCE OF PUBLIC SERVICE COMMISSIONS

9. MISCELLANEOUS TOPICS
9.1 HISTORY OF EVOLUTION OF NCSC AND NCST
9.2 NATIONAL COMMISSION FOR SCHEDULE CASTES
9.3 NATIONAL COMMISSION FOR SCHEDULE TRIBES
9.4 NATIONAL COMMISSION FOR WOMEN
9.5 NATIONAL HUMAN RIGHTS COMMISSION
9.6 NATIONAL COMMISSION FOR BACKWARD CLASSES
9.7 CENTRAL VIGILANCE COMMISSION
9.8 CENTRAL BUREAU OF INVESTIGATION
9.9 CENTRAL INFORMATION COMMISSION
9.10 STATE INFORMATION COMMISSION
 9.11 RIGHT TO INFORMATION ACT
9.12 ADMINISTRATIVE TRIBUNALS
9.13 OFFICIAL LANGUAGE
9.14 REPRESENTATION OF PEOPLE ACT, 1950
9.15 REPRESENTATION OF PEOPLE ACT, 1951
9.16 SERVICES UNDER THE UNION AND THE STATES
9.17 MM PUNCHHI COMMISSION RECOMMENDATIONS
ON CONSTITUTIONAL GOVERNANCE
9.18 MM PUNCHHI RECOMMENDATIONS ON FINANCIAL
RELATIONS & PLANNING

CONSTITUTIONS OF THE WORLD

1. THE CONSTITUTION OF FRANCE

2. CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA
3. THE CONSTITUTION OF THE UNITED KINGDOM
4. THE CONSTITUTION OF USA
 CHAPTER – 1
GOVERNMENT OF THE STATE

(1.1) The State Executive

(1.2) The Governor
(1.3) The Council of Minister and Chief Minister
(1.4) Advocate General
(1.5) The State legislature

1.1 THE STATE EXECUTIVE

The Constitution makers had decided to adopt the same pattern of

Parliamentary System of Government in the States, i. e. a replica of
government at the Union. The only difference in this model is that the
Constitutional head of the government in the state i. e. the Governor is
not elected, either directly or indirectly, rather he is appointed by the
President. This has been done in order to maintain the unitary spirit of
the federation that is Union of India alive. Part VI of the Constitution
containing Articles 153 to 167 deals with the government in the states,
except in the state of Jammu & Kashmir. The state executive consists of
the Governor, the Chief Minister, the Council of Ministers and the
Advocate General of the state. Jammu and Kashmir related provisions
are dealt with in Article 370 under the Part XXI titled Temporary,
Transitional and special Provisions.

IMPORTANT ARTICLES

Articles Provisions
 Articles 153- 162 The Governor

Articles 163- 164 Council of Ministers

Article 165 Advocate General for the State

Articles 166- 167 Conduct of government business

1.2 THE GOVERNOR

THE GOVERNOR
Constitutional Position
The Governor is the constitutional head of the State Government.
He plays a twofold function as the constitutional head of the State
Government and as a link between the centre and the state
government. As the executive head of a state, the Governor acts
according to the advice of the Council of Ministers of State. All
executive actions of the state are formally taken in the name of the
Governor. As a nominee of the President, the Governor represents the
Centre in the State and he works as a channel of communication and
contact between the State and the Centre. It is his duty to keep the
centre informed of the affairs of the State. The Governor also exercises
his discretionary powers as the constitutional head of the Government,
independent of his relations with Council of Ministers in the State and
the Union government.

IMPORTANT ARTICLES RELATED TO GOVERNOR

Articles Provisions
 Article 153 Governor of states
Article 154 Executive power of state

Article 155 Appointment of Governor

Article 156 Term of office of Governor

Article 157 Qualifications for appointment as Governor

Article 158 Conditions of Governor’s office

Article 159 Oath or affirmation by the Governor

Article 160 Discharge of the functions of the Governor

Certain contingencies

Article 161 Power of governor to grant pardons, etc., and

to suspend remit or commute sentences in
certain cases

APPOINTMENT OF GOVERNOR

The Governor of a state is appointed by the President by warrant

under his hand and seal. Article 153 says that there should be a Governor
for each state. But under the 7th Amendment Act 1956, the same person
can be appointed as Governor of one or more States. When he discharges
the responsibilities of more than one state, he acts on the advice of the
Council of Ministers of the respective states.

Qualifications
 In order to be appointed as Governor, a person
1. must be a citizen of India ; and
2. must have completed the age of 35 years.

In addition, there are two conventions that have come to develop with
regard to appointment of the Governor. They are

1. Must not belong to the state where he is appointed and

2. Consult the Chief Ministers of the state where to be appointed.

Term of Office
He normally holds office for five years but can be removed at any time
before that by the President i.e. the Governors remain in office during the
pleasure of the President. Thus he is a nominee of the Union Government. He
may be asked to continue beyond the normal five years, until his successor enters
upon his office. The Governor can also be transferred from one State to another
by the President. The Governor may resign at any time by writing to the
President. In a contingency for which the Constitution makes no provision such as
death of the Governor, the President may make such provisions as he thinks fit
for discharge of the functions of the Governor of a State ( Article 160 ) . The
Rajasthan High Court has held that the Chief Justice of the High Court can be
asked temporarily to discharge the functions of the Governor of the State where
he can act as the Acting Governor of the State.

Conditions of Governor’s Office

1. The Governor cannot be a member of Parliament or of a State
Legislature and if a person is such a member at the time of the
appointment as Governor, his seat in Parliament or the State
Legislature, as the case may be, will become vacant on the date on
which he assumes office as Governor.
 2. The Governor cannot hold any other office of profit during the term of
his office.

3. He is entitled without payment of rent to the use of his official

residence.

4. He is also entitled to such emoluments, allowances and privileges as

may be determined by the Parliament.

5. Where the same person is appointed Governor of two or more States,

his emoluments are allocated amongst the States in such proportion as
the President may determine.

6. His emoluments and allowances should not be diminished during his

term of office.

7. Before entering upon his office , the Governor has to make and
subscribe to an oath or affirmation by the Chief justice of the concerned
state High Court and in his absence, the senior- most judge of that court
available.

Salary
He draws a salary of Rs. 1,10,000 per month and is entitled to a rent- free
official residence and other allowances. His salary and allowances are changed on
the Consolidated Fund of the State and is not subject to the vote of the State
Legislature.
Immunities to Governor
The Constitution grants certain immunities to a Governor, such as

1. Article 361 says that a Governor shall not be answerable to any Court for
the exercise and performance of the powers and duties of his office or
 for any act done or purporting to be done by him in the exercise and
performance of the power and duties.

2. No criminal proceedings can be Instituted or continued in any court

against a Governor during his term of office. Similarly, no process for the
arrest or imprisonment of a Governor can be issued from any court
during his term of office.

3. Civil proceedings against a Governor in which relief is claimed, can be

instituted in a court while the Governor is in his office, only after two
months from the date on which due notice has been given to him in
writing regarding full details of the said proceedings.

POWERS AND FUNCTIONS OF THE GOVERNOR

The Constitution confers on the Governor quite a large number of powers
which may be grouped under five heads.

Executive powers
The Executive power of the State is vested in the Governor. It is exercised
by him directly or through officers subordinate to him in accordance with the
Constitution. The executive power of the State extends to all matters on which
the State Legislature has the power to make laws. In case of matters specified in
the Concurrent List, the executive powers of the Governor are subject to the
executive power of the President.

1. All executive actions of the State Government are taken in his name.

2. The Governor is authorized to make rules regarding the way in which

orders and instructions made and executed in his name are to be
authenticated.
3. He also makes rules for the convenient transaction of the business of the
Government and for its allocation amongst the ministers.

4. In the States of Jharkhand, Madhya Pradesh, Chhattisgarh and Orissa (94 th

Amendment Act, 2006), it is the special responsibility of the Governor to
see that a Minister is placed in charge of tribal welfare.

5. In Assam, the Governor is given certain special powers with respect to the
administration of the tribal areas as provided in the Sixth Schedule of the
Constitution.

6. The Governor has vast powers of appointment and patronage. He appoints

the Chief Minister and on his advice the other Ministers. He also appoints
the Advocate-General of the State and the members of the State Public
Service Commission, through the latter cannot be removed by him. They
can be removed by the President on the report of the Supreme Court and,
in some cases, on the happening of certain disqualifications.

7. He also appoints the State Election Commission ( Article 24K ) and the state
Finance Commission (243K).

8. He has the right to be kept informed about the affairs of administration and
proposals for legislation. He may call for any information from the Chief
Minister in this connection.

9. He sends report to the President, along with his recommendations

regarding the breakdown of constitutional machinery and imposition of
Presidents Rule in a State.

10. The Governor also acts as the Chancellor of State Universities.

 11. The Ministers hold office during the pleasure of the Governor.

12. He can submit for the consideration of the Council of Ministers any matter
which in his opinion requires reconsiderations by it.

13. It is the duty of the Chief Minister to communicate to the Governor all
decisions of the Council of Ministers relating to the administration of the
State and proposals for legislation and to provide such information as the
Government may call for.

II. Legislative Powers

The Governor enjoys vast and formidable legislative powers under the
Constitution. He is an integral part of the State Legislature. The main legislative
powers of the Governor may be enumerated as follows :

1. The Constitution confers upon the Governor the power to nominate one
member to the Lower House and some members to the Upper House of the
State. He can nominate one member from the Anglo-Indian community to
the State Legislative Assembly, if in his opinion this community is not
adequately represented in that House. In a State with a Legislative Council,
the Governor nominates one-sixth of the total number of its members.

2. The Governor can summon the State Legislature, prorogue either House or
dissolve the Legislative Assembly.

3. The Constitution gives the Governor the right to address the House or
Houses of the State Legislature separately or jointly. At the beginning of
each new session and immediately after a general election to the Assembly,
he has to deliver an address to the Legislature in which he lays down the
policy of his Government for the ensuring year.
4. The Governor can also send message to any House of the State Legislature.
The Constitution lay down that a House to which any message is so sent
shall consider any matter required by the message to be taken into
consideration.

5. Every Bill passed by the State Legislature has to receive the Governor’s
assent before it can become a law. The Governor has three alternatives
before him with respect to such a Bill :

a. he can give his assent to the Bill; or

b. withholds assent; or

c. he may reserve the Bill for the consideration of the President; or

d. he can return it to Legislature, if it is not a Money Bill, for

reconsideration, suggesting allegations and modifications in part or in
the whole. But such Bills when passed again by the Legislature must
receive the assent of the Governor, which means that the Governor
cannot withhold his assent to a Bill if it is passed a second time by the
State Legislature ( Article 200 ) .

6. The annual reports of various bodies like State Public Service Commission
(Article 323) , State Finance Commission (Article 243(1)), Comptroller and
Auditor General (Article 151), etc. are submitted to the Governor that he
causes to be laid before the legislature for consideration.

7. On the advice of the Election Commission, he may decide a matter relating

to the disqualification of a member of the Legislature if that member's
election is challenged through a petition by some voter or voters of his
State ( Article 192).
Ordinance making power of the Governor (Article 213)

He can issue an Ordinance when one or both Houses of the State

Legislature are not in session. It has the force of a law. The Governor is
authorized to promulgate Ordinance when he is satisfied that
circumstances exist which render it necessary for him to take action
immediately. However, the Governor is prohibited from promulgating
Ordinances that contain provisions, which under the Constitution require
the previous sanction of the President for the introduction in the State
Legislature or which are to be reserved for the assent of the President. In
such cases, the Governor can promulgate an Ordinance after obtaining
permission from the President. An Ordinance issued by the Governor
ceases to be in operation six weeks after the re-assembly of the Legislature
unless approved earlier. It has the same life of six months and six weeks, as
is to the ordinance issued by the President. The Governor may withdraw an
ordinance any time before it expires.

III. Financial Powers

The financial powers and functions of the governor include,

1. No Money Bill and Financial Bill can be introduced in the state

legislature except on Governor’s recommendation.

2. No demand for a grant can be made in the Legislative Assembly except

on his recommendation.

3. It is the duty of the Governor to get prepared and introduced in the

State Legislature the annual budget showing the estimated revenue and
expenditure of the State for that year and, if necessary, the
supplementary budgets for the State.
 4. The Governor can also make advances out of the Contingency Fund of
the State in case of unforeseen expenditure, pending its authorization
by the Legislature.

5. He constitutes a Finance Commission after every five years to review the

financial position of the Panchayats and the municipalities.

IV. Judicial Powers

1. Pardoning Power (Art.161) : Under Article 161 , the Governor can grant
pardons, reprieves, respites and remissions of punishment or suspend, remit
and commute the sentence of any person convicted of any offence, against
any law relating to a matter to which the executive power of the state
extends. However, the pardoning power of the Governor differs from that of
the President in the manner that the President can pardon death sentence
whereas the Governor is deprived of this pardoning power. The Governor
does not have the power that could empower him to pardon sentences
inflicted by court marital as this power is entitled only to the President of
India.

2. Judicial Appointments : The Governor is consulted by the President, the

Governor of the State appoints the judges of the concerned State High
Court. And with the consultation of the State High Courts, he makes
appointments, postings and promotions of the district judges. And with
consultation with the State High Court and the State Public Service
Commission he appoints persons to the judicial service of the state other
than the district judges.
V. Emergency Powers
The Governor has the power to make a report to the President whenever he is
satisfied that a situation has arisen in which Government of the State cannot be
carried on in accordance with the provisions of the Constitution ( Article 356),
thereby, inviting the President to assume to himself the functions of the
Government of the State or any of them. When the President’s rule is imposed in
a State, an important change in the position of the Governor takes place. Instead
of being a constitutional head of the State, who is guided by his Council of
Ministers in the discharge of his duties, he becomes the “ agent of the Union
Government in the State “ . He takes over the reins of administration directly into
his own hands and runs the State with the aid of the civil services. Thus, during
the period of emergency, the executive power of State is exercised by the
Governor in accordance with the instructions received from the President

VI. Discretionary powers of the Governor

The discretionary powers of the Governor have made him the lynchpin of
constitutional democracy in the States. If any question arises whether any matter
is a matter on which the Governor can use discretionary power, the decision of
the Governor is final. The functions of which are specially required by the
Constitution to be exercised by the Governor in his discretion are :

1. The Governor of a State as the administrator of an adjoining Union

Territory can exercise his functions as such administrator, independently of
his Council of Ministers.

2. Some of the Governors may have to discharge certain special

responsibilities also under the articles 371 to 371J . In the discharge of
such special responsibility, the Governor has to act according to the
directions issued by the President from time to time, and subject,
therefore, he is to act “ in his discretion” . In such cases, the Governor shall
seek the advice of his Council of Ministers. These special cases are
mentioned as follows –
(1.) Maharashtra – Establishment of separate development boards
for Vidarbha and Marathwada and Rest of Maharashtra. (Article
371)
(2.) Gujarat – Establishment of separate development boards for
Saurashtra and Kutch. (Article 371)
(3.) Nagaland – with respect to law and order in the State for so long
as the internal disturbance in the Naga Hills Tuensang Area
continues. (Article 371A)
(4.) Assam – with respect to the administration of the tribal areas.
(Article 371B)
(5.) Manipur – With respect to the administration of the Hill areas in
the state. (Article 371C)
(6.) Andhra Pradesh – With