PRESIDENT - Kalyan Sir OnlineIAS.com · [email protected] ARTICLE 54: The President is elected...

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PRESIDENT:

The President is mentioned in the Chapter I of Part V of the Indian

Constitution.

The related articles are from 52 to 78 of the Indian Constitution.

The President and Vice President are mentioned in the Articles from

52 to 73

The article from 74 to 78 mentions about the Council of Minister

and Attorney-General of India.

ARTICLE 52: There shall be a President of India.

The President is the head of the Indian state.

He is the first citizen of India.

All the executive powers of the Indian Union are vested in the

President.

ARTICLE 53: This mentions about the executive powers of the

Union.

All the executive powers of the President are exercised either

directly or indirectly (through the officers subordinate to him).

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ARTICLE 54: The President is elected by an electoral college.

The President is elected by the elected members of

Lok sabha

Rajya Sabha

State Assemblies

State Assemblies of Delhi and Pondicherry. (Since

1992 through 70th amendment).

ARTICLE 55: This Article mentions about the manner of the

election of the President.

The President is elected indirectly.



The election shall be by a secret ballot.

The election shall be held in accordance with the system of

proportional representation by means of single transferable vote.

ARTICLE 56: This article mentions about the term of the

President.

The term of office is 5 years from the date on which the President

enters upon his office.

The President can resign to his office by writing under his hand

addressed to the Vice President of India.

The President continues to hold office until his successor enters

upon his office.

ARTICLE 57: This article mentions bout the reelection of the

President.

A person is eligible for reelection to the office of the President any

number of terms.



ARTICLE 58: This article mentions about the qualifications for

election as President.

Qualification of a person to contest for the President:

Citizen of India

Should have completed 35 years of age

Should not hold any office of profit

Should be qualified for election as a member of the Lok

Sabha.

Article 71: The disputes related to the election of the President of

India are challenged only in Supreme Court, and the decision of the

Supreme Court is final and exclusive.

Note: On August 21, 2012 P A Sangma the defeated NDA (National

Democratic Alliance) candidate moved the Supreme Court

Challenging the election of Pranab Mukherjee as President



contending that he was holding offices of profit and hence not

eligible to contest for the post. The contention was that Pranab

Mukharjee was holding the office of profit like the leader of

Loksabha and the Chairman of Indian Statistical Institute. The

argument is that the lok sabha website was showing Pranab

Mukharjee as the leader of Lok Sabha even after submitting

nomination papers and continued up to July 30, 2012.

Note: Article 71 also includes the disputes related to the election to

the office of the Vice-President also.

Security Deposit: 15000/- (Fifteen thousand Rupees). Security

deposit will not be refunded if the candidate fails to get the 1/6th of

the votes polled.

Nomination: A candidate for election to the office of the President

must be subscribed by at least 50 electors as proposers and 50

electors as seconders.



Note: Before 1998 this was 10 proposers and 10 seconders.

Each nomination paper should be accompanied by a certified copy

of the entry relating to the candidate in the electoral roll for the

Parliamentary constituency in which the candidate is registered as

an elector.

ARTICLE 59: Conditions of the office of the President.

The President shall not be a member of any house of Union or the

state legislature.

He shallnot hold any office of Profit

The President shall be entitled to the free use of his official residence

and such emoluments, allowances and privileges as may be

determined by the Parliament by law.

Free travel

Secretarial staff



Free Telephone, water, electricity, rent free furnished

accommodation (Rashtrapati Bhavan)

Free residence, Medicare, pension to the President’s spouse if the

President dies in office or after retirement.

ARTICLE 60: This talks about the Oath or affirmation by the

President of India.

OATH: Is administered by the Chief justice of India and in his

absence, the senior most judge of Supreme Court. (Acting President

should also take similar type of oath).

The President takes an oath to preserve, protect and defend the

Constitution and the law.

Salary and other \allowances are determined by the Parliament from

time to time.



The salary and other allowances of the President cannot be

diminished during the term of office.

Salary: 1,50,000/- (One Lakh and Fifty Thousands).

Pension: 9,00,000/- (Nine Lakhs) per annum.

Resignation: Addressed to the Vice President of India.

ARTICLE 61: The procedure for impeachment of the President.

Impeachment (Removal): The President can be impeached from the

office by a process of impeachment for “Violation of the

Constitution”.

Charges can be initiated by any house of the Parliament.



All the members of Loksabha and Rajya Sabha (Elected and

nominated) take part in the impeachment process of the

President.

Assembly members are not permitted to take part in the

impeachment process of the President of India.

The charges should be signed by 1/4th of the members of the

house.

14 days notice is given to the President.

After it is passed by the 2/3rd majority of the total

membership of the house it is sent to the other house.

If the other house also passes the same with 2/3rd majority

of the total then the President stands impeached.



(No Indian President has been impeached so far).

ARTICLE 62: VACANCY:

The Vacancy occurs

On the expiry of tenure of 5 years

Resignation

Impeachment

Death



Otherwise. (If the election of the President is declared void

by the Supreme Court).

In case of vacancy in the office of the President the Vice President

acts as the President. In case of vacancy in the office of the Vice

President the Chief Justice of India acts as the President.

In case of vacancy the election should be held within a period of six

months.

The newly elected President remains in office for a full term of five

years.



POWERS AND FUNCTIONS OF THE PRESIDENT:

EXECUTIVE POWERS:

All executive actions of the Government of India are formally

taken on the name of the President of India.

The President appoints the Prime Minister.

All other ministers are also appointed by the President on the

advice of the Prime Minister.

The President allocated the business among the ministers.

The President appoints Attorney-General of India.

The Comptroller and Auditor General.

The Chief Election Commissioner and other Election

Commissioners.

The Chairman and Members of Union Public Service

Commission (UPSC).



The Chairman and Members of Joint Public Service Commission

(JPSC).

The Chairman and Members of Finance Commission.

The Governors of states

Appoints administrators to Union Territories.

Appoints Commissions to investigate into conditions of SCs, STs

and Other Backward classes.

Appoints the inter-state council to promote centre-state

cooperation.

Declares an area as a scheduled area.

LEGISLATIVE POWERS:

ARTICLE 85: The President Summons, prorogues both the

houses of the Parliament and dissolves the Lok Sabha.

President is a part of Parliament.

Summon the Parliament.



Prorogue the Parliament.

Dissolves Loksabha. (Rajya Sabha is a permanent house it

cannot be dissolved).

Summon the Joint session of the Parliament (Article 108).

So far Joint Session was conducted for 3 times.

Dowry Prohibition Bill 1960: As the Lok Sabha did not agree to the

amendments made by the Rajya Sabha , a joint session was held on May

6, 1961.

Banking Service Commission (Repeal) bill 1977: The Rajya Sabha

rejected the bill after it is passed in the Lok Sabha. A joint Sitting was

held on May 16, 1978.



Prevention of Terrorism Bill 2002: The bill was passed by the Lok

Sabha but, rejected by the Upper House. A joint sitting was held on March

26, 2002.

The Speaker presides over the Joint session of the Parliament.

ARTICLE 86: Address the Parliament at the commencement of

the 1st session every year (after January 1st, generally this is the

budget session, Please follow carefully) and also at the

commencement of the 1st session after general election (lok

Sabha Election)

Nominates 12 members to Rajya sabha from the persons with

special knowledge or practicle experience in Science, Arts,

Literature and Social Service.

Nominates 2 members to Lok Sabha from the Anglo-Indian

community. (If in the opinion of the President that the

Community is not adequately represented in the Lok Sabha)



Decides the question of disqualification of the members of the

parliament in consultation with the Election Commission.

Budget is introduced in Lok Sabha with the prior permission of

the President.

A bill which is meant for the creation of a new state or altering

the boundaries of the existing states introduced in the parliament

with the Prior permission.

A bill becomes an Act after the assent of the president.

President has the right to return the bill for reconsideration.

Second time he must sign the bill. (Applicable for ordinary bills)

President cannot return Money bills and constitution amendment

bills).

Promulgates ordinances when the Parliament is not in the session.

(Article 123). Ordinance is valid for 6 months. However

ordinance must be passed by the Parliament within 6 weeks from

its reassembly.



The President lays the reports of CAG, UPSC, Finance

Commission etc before the Parliament.

FINANCIAL POWERS:

Money bills are introduced in Lok sabha with the prior

permission of the President. (Note: All money bills are first

introduced in Lok sabha).

Annual Financial Statement (Budget) is laid before the Lok

Sabha with the permission of the President.

President can make advances out of the Contingency Fund of

India to meet any unforeseen expenditure.

The President constitutes the Finance Commission (Article 280)

every 5 years.

JUDICIAL POWERS:



Appoints the Judges of Supreme Court and High Courts.

(Including the Chief Justice of India).

Seeks advice from the Supreme Court (Article 143). However the

advice is not binding on the President.

Grants Pardon, Commutation, Remission, Respite and Reprieve.

DIPLOMATIC POWERS:

International treaties are concluded by the President. (Subject to

the approval of the Parliament).

Represents India in international forums.

Sends and receives diplomats like ambassadors, high

Commissioners and so on.

MILITARY POWERS:

President is the Supreme commander of the armed forces.

In this capacity appoints the Army Chief, the Navy Admiral and

the Air Marshall.



President can declare war and peace. (Subject to the approval of

Parliament).

EMERGENCY POWERS:

The Constitution of India granted 3 types of emergency

powers to the President of India.

National Emergency (Article 352)

State Emergency or President’s Rule (Article 356)

Financial Emergency (Article 360)

(The Emergency powers are discussed in detail in Emergency

Provision Chapter. Please go through).

VETO POWERS: This is the authority of the President to withhold

assent to the bills passed by the Parliament. (A bill is introduced in

Parliament, after it is passed by both the houses with the assent of

the President bill becomes an act).



Under Article 111 of the Indian Constitution the President has 3

alternatives.

Gives assent to the bill. Or

Withhold the assent, or

May return the bill (if it is not Money bill or Constitution

amendment bill). If the bill is passed again by the Parliament

with or without amendments, the President must give assent

to the bill.

The object of conferring this power on the President is to prevent

hasty and ill-considered legislation by the Parliament and also to

prevent a legislation which may be unconstitutional.

CLASSIFICATION OF VETO POWERS:



Absolute veto

Suspensive veto

Pocket veto

Absolute Veto: The power of the President to withhold the assent to

a bill passed by the Parliament.

Suspensive Veto: The President returns the bill for the

reconsideration of the Parliament. If the bill is again passed by the

Parliament with or without amendments, it is obligatory for the

President to give assent to the bill.

Pocket veto: The President neither rejects nor returns the bill, but

simply keeps the bill pending for an indefinite period of time.

o The President can also exercise pocket veto with respect to the

state legislations.



o When a bill is passed by the state legislature and sent to the

Governor for his consent. Under Article 200 of the constitution

the Governor

May give assent to the bill, or

Withhold the assent to the bill, or

May return the bill for the reconsideration by the state

legislature, or

May reserve the bill for the consideration of the President.

Under Article 201 of the Indian Constitution the President has

three alternatives.

May give assent to the bill, or

May withhold the assent to the bill, or



May direct the Governor to return the bill for the

reconsideration of the state legislature. If the bill is passed

again with or without amendments and presented again to the

President for his assent, the President is not bound to give

assent. It means the state legislatures cannot override the veto

power of the President.

1. Ordinance making power: Article 123 of the Indian Constitution

empowers the President to promulgate (Proclaim, announce)

ordinances. These are in nature of temporary laws. This is the most

important legislative power of the President.

Limitations:

1. Ordinance can be proclaimed by the President only during recess

(when the Parliament is not in session).

2. Ordinance can also be issued when only one house is in session.

3. To legislate by ordinance is not parallel power of legislation.

4. Once proclaimed it is valid for a period of six months.



5. An ordinance cannot abridge or takeaway any of the Fundamental

Rights.

6. The decision of the President to issue an ordinance can be

questioned in a court on the ground that the President prorogued

one house or both the houses of the Parliament deliberately with

a view to issue an ordinance on a controversial subject.

7. Ordinance issued by the President must be laid before both the

houses of Parliament when it reassembles.

8. From that date it is valid for a period of six weeks.

9. The President can withdraw an ordinance at any time.

10. Ordinance cannot be issued to amend the constitution.

PARDONING POWERS: (Article 72):

The power of the President under Article 72 is independent of

Judiciary.



The basic idea is to correction of judicial errors.

The President does not function as a court of appeal.

The President cannot be compelled to give a hearing to a

petitioner.

The decision of the President if final and courts cannot interfere

with the decions of the President. But, the courts can look into

whether the President has considered all the relevant material.

PARDON: This removes both the sentence and the conviction and

completely absolves the convict all sentences, punishments and

disqualifications.

COMMUTATION: This is the substitution of one form of

punishment for a lighter form.

REMISSION: Reducing the period of sentence without changing

its character.



Rigorous imprisonment (5 years) …………..> Rigorous

imprisonment (2 years)

RESPITE: Awarding a lesser sentence in place of one originally

awarded because of some special facts.

Ex: Pregnant woman, disabled persons etc

REPRIEVE: This is the stay of execution of a sentence for a

temporary period

PRESIDENTS OF INDIA

Dr. Rajendra Prasad 1950-1962

Dr Sarvepalli Radhakrishnan 1962-1967



Dr. Zakir Hussain 1967-1969

Varahagiri Venkata Giri 1969(Acting)

Justice Mohammad Hidayatullah 1969(Acting)

Varahagiri Venkata Giri 1969-1974

Fakhruddin Ali Ahmed 1974-1977

B.D.Jatti 1977(Acting)

Neelam Sanjiva Reddy 1977-1982

Giani Zail Singh 1982-1987

R.Venkataraman 1987-1992

Dr.Shankar Dayal Sharma 1992-1997

K.R.Narayanan 1997-2002

Dr. A.P.J.Abdul Kalam 2002- 2007

Smt. Prathiba Patil 2007 – 2012

Pranab Mukharjee 2012 – till date

MISCELLANEOUS:



In the election that chose V.V.Giri for President, Second preference

votes had to be counted.

V V Giri was the only person in the History of India who got elected

to the office of the President as an Independent Candidate.

Neelam Sanjeeva Reddy was the only person who got elected to the

office of the President unopposed.

Dr Rajendra Prasad is the only person to have held President's office

for two terms.

Dr Sarvepalli Radha Krishanan (1962) and Dr. Zakir Hussain (1967)

got elected to the office of the President without resigning to the

Vice-President of India.



In the year 1969 VV Giri the then Vice-President of India resigned

to the position of the Vice-President before filing his nomination

papers for the election to the office of the President.

In the year 1977 Dr Nilam Sanjeeva Reddy the then lok Sabha

Speaker resigned to the position before filing his nomination papers

for the election to the office of the President.

The President and Vice-President elections are conducted according

to the provisions of the Presidential Act of 1952. This act was

amended in 1974 and 1997.

So far 13 times the election for the office of the President was held.

The election of the President or the Vice-President candidate cannot

be called in question simply on the ground of there being any

vacancy among the members of the Electoral College.



In the year 1958 in N B Khare v Election Commission of India) the

Supreme Court ruled that a person who is neither a candidate nor an

elector cannot file a suit challenging the validity of the election of

the President.

In the year 1974 on the reference made by the President to the

Supreme Court (Article 143(1)) the court held that the election to

the office of the President cannot be postponed or invalidated on the

ground that the electoral college was incomplete or not fully

constituted because of some state assembly having been dissolved.

The election must be held before the expiry of the incumbent

President.

Sarvepalli Radhakrishanan (1962 – 67) was the first President of

India to impose National emergency (1962 during the war with

China).



Zakir Hussian (1967 – 69) was the first Muslim President of India.

He was the President for a very short period (1967 – 69). He was the

first President of India who died in the office.

V V Giri was the first person who served as the acting President of

India. (1969)

B D Jetti was the second person who served as the acting President.

(1977 after the sudden demise of then President Fakruddin Ali

Ahmed).

Justice Hidaytullah was the only Chief Justice of India who served

as the acting President of India. (In the year 1969 after the death of

then President Zakir Hussain the Vice President V V Giri resigned

to contest in the election of the President).

V V Giri (1969 – 74) was the second President to declare National

Emergency. (In the year 1971 during the war with Pakistan).



Fakruddin Ali Ahmed (1974 – 77) was the 3rd President of India who

declared the National Emergency. (1975, because of internal

disturbances).

Fakruddin Ali Ahmed issued highest number of Ordinances.

Neelam Sanjeeva Reddy (1977 – 82) was the only President of India

who got elected unopposed. (1977). He was the youngest to serve as

the President of India.

R venkataraman was the eldest of all the Presidents.

Zail Singh (1982 – 87) was the only President who used the power

of Pocket Veto. (Postal bill)

R Venkataraman (1987 – 1992) wrote “My Presidential Years”. In

this book he mentioned the President as the emergency lamp.



K R Narayanan (1997 – 2002) was the first Dalit President of India.

During the 12th Lok Sabha elections in the year 1998 he exercised

the right to vote, thus becoming the first President to vote in the

general elections.

Abdul Kalam (2002 – 2007).

Pratibha Patil (2007 – 2012): The first woman President of India.

She belongs to Maharashtra and served as the first woman Governor

of Rajasthan.

In the year 1961 the then President Dr. Rajendra Prasad took a break

for 5 months following his illness and resumed charge of his duties

as President on December 20, 1961. During his absence the then

Vice President Dr. Sarvepalli Radhakrishnan acted as the President

of India.



VICE-PRESIDENT:

Vice President is accorded a rank next to the President in the

official warrant of precedence.

As the Vice President of India no functions have been assigned to

him in the Constitution of India.

Article 63: There shall be a vice President of India.

Article 64: The Vice President shall be the ex-officio Chairman

of the Rajya Sabha.

Note: The Vice President is like a counter part of the Speaker of

the Lok Sabha.

Article 65: The Vice President shall act as the President in the

event of a vacancy in the office of the President by reason of his

death, resignation or removal or otherwise.



At the time of acting as the President or discharging the functions

of the President the Vice President shall not perform the duties of

the Chairman of Rajya Sabha. (Article 64).

Article 66: Qualifications for the election of Vice President

Article 66 (1): The Vice President is elected by an electoral

college consisting of the members of the two houses of the

Parliament in accordance with the system of proportional

representation by means of a single transferable vote.

A sitting Vice President is eligible for reelection.

Article 67: The term of office of the President is 5 years

The office may be terminated by resignation or removal.

A formal impeachment is not required.

The election to the office of the Vice President has to be

completed before the expiration of the term.

Article 68: this article talk about the time of holding the elections

to fill vacancy in the office of Vice President and the term of office

of the Vice President to fill casual vacancy



Article 69: Oath of the Vice President

Article 70: Discharge of the functions of the President in other

contingencies

Article 71: Disputes related to the election of the Vice President

can be challenged only in Supreme Court

Article 72: President Pardon powers

Article 73: Extent of executive powers of the union.

ELECTION:

1. VP is elected indirectly by the members of an electoral college

consisting of the members of both Lok sabha and Rajyasabha. (It

includes nominated members also).

2. Election is held in accordance with the system of proportional

representation by means of the single transferable vote and the voting

is by secret ballot.



QUALIFICATIONS:

Should be a citizen of India.

Should have completed 35 years of age.

Should not hold any office of profit

Should be qualified for election as a member of the Rajya Sabha.

Sitting President or Vice-President of the union, the Governor of any

state and a minister of the union or any state is not deemed to hold any

office of profit and hence qualified for being a candidate for vice-

President.

Nomination for the election must be subscribed by at least 20 electors

as proposers and 20 electors as seconders.

Contesting candidate has to make a security deposit of 15,000/-.



OATH:

The oath of office to the VP is administered by the President or some

person appointed by him.

TERM: 5 years.

RESIGNATION: Submits the resignation letter to the President of

India.

REMOVAL: 14 days advance notice should be given. By a resolution

of the Rajya Sabha passed by an absolute majority and agreed to by the

Lok Sabha.

Absolute majority: Majority of the total members of the house.



The reasons for the removal of the Vice President are not mentioned in

the Constitution.

REELECTION: Sitting Vice President can be reelected to the office

any number of terms. So far only the first VP of India Dr. S.

Radhakrishanan was the only person who got elected to the office of

VP for two terms.

VACANCY:

1. On the expiry of term 5 years.

2. By death

3. By resignation

4. By removal from the office

5. Otherwise



In case of vacancy the election must be held as soon as possible. The

newly elected VP remains in office for a full term of 5 years from

the date of assuming charges.

ELECTION DISPUTES: (Article 71)

The election disputes in relation with election of the Vice-President are

enquired into and decided by the Supreme Court. The decision of

Supreme Court is final and exclusive.

FUNCTIONS of the Vice-President:

1. Acts as the ex-officio chairman of Rajya Sabha.

2. Acts as the President in the absence of the President due to death,

resignation, and removal or otherwise.

The Vice-President while acting as the President does not perform the

duties of the Chairman of Rajya Sabha.



SALARY AND EMOLUMENTS:

1. Salary is drawn in the capacity of Chairman of Rajya Sabha.

2. Draws a salary of 1, 25,000/-.

3. Entitled to free residence, Daily allowance, medical and other

allowances.

4. While acting as the President of India he is entitled to draw the salary

of the President and not that of Chairman of Rajya Sabha.

VICE-PRESIDENTS OF INDIA

Dr.Sarvepalli Radhakrishnan 1952-1962

Dr. Zakir Hussain 1962-1967

Varahagiri Venkata Giri 1967-1969

Gopal Swarup Pathak 1969-1974

B.D.Jatti 1974-1979



Mohammaed Hidayatullah 1979-1984

R. Venkataraman 1984-1987

Dr. Shankar Dayal Sharma 1987-1992

K.R.Narayan 1992-1997

Krishan Kant 1997-2002

Bhairon Singh Sekhawat 2002-2007

Mohd. Hamid Ansari 2007 - till date (2nd term)

PRIME MINISTER:

Appointment: Article 75 of the Indian Constitution specifies that the

Prime Minster is appointed by the President.

In accordance with the conventions and practices of the Parliamentary

form of Government the President has to appoint the leader of the majority

party in Lok Sabha as the Prime Minister.



In case no party has a clear majority then the President may exercise his

personal discretion in the appointment of the Prime Minister.

This power was first executed in India in the year 1979 when Dr Neelam

Sanjeeva Reddy appointed Charan Singh as the Prime Minister after the

collapse of the Janata Party Government.

The Prime Minister may be a member of any of the two houses of the

Parliament. Indira Gandhi (1966), Deve Gowda (1996), Manmohan Singh

(2004) were the members of Rajya Sabha.

Term:

The tem is not fixed.

The Prime Minister holds the office during the pleasure of the President.

As long as the Prime Minister enjoys the majority support in the Lok

Sabha, he cannot be removed by the President.



Salary: This is determined by the Parliament from time to time.

Resignation: The PM submits the resignation to the President.

When the PM resigns or dies the Council of Ministers stands dissolved.

FUNCTIONS OF THE PRIME MINISTER:

The Prime Minister is the leader of the Government.

Recommends members to the President who can be appointed as the

Ministers. The President can appoint only those persons as Ministers

who are recommended by the Prime Minister.

The PM allocates various portfolios among the Ministers.

The PM reshuffles the portfolios.

The PM asks a Minister to resign.



The PM advises the President to remove a Minister.

The PM presides over the meeting of Council of Ministers.

The PM is the principal channel of communication between the

President and the Council of Ministers.

Under Article 78 it shall be the duty of the Prime Minister to

communicate to the President all decisions of the Council of

Ministers relating to the administration of the affairs of the

Government and proposals for the legislation.

The PM advises the President with respect to the appointment of

Attorney General, Union Public Service Commission Chairman and

Members, Comptroller and Auditor General, Chief Election

Commissioner and other Election Commissioners, Chairman and

members of Finance Commission etc.

The PM advises the President with regard to the summoning and

proroguing of the Parliament.

The PM recommends the President for the dissolution of Lok Sabha.

The PM is the Chairman of Planning Commission, National

Development Council, National Integration Council, National



Population Council, Inter State Council and National Water

Resource Council.

In discharging the duties the PM is assisted by the Prime Minister’s

Office (PMO).

THE COUNCIL OF MINISTERS:

The Council of Ministers is the real executive authority.

The Council of Ministers is headed by the PM.

Article 74(1) of the Indian Constitution: There shall be a Council of

Ministers headed by the PM to aid and advice the President.

The Council of Ministers is of three categories, Cabinet Ministers,

Ministers of State and Deputy Ministers.

A Minister of State is either given an independent charge or given

the charge of department headed by a Cabinet Ministers.

A Deputy Minister assists either a Cabinet Minister or a Minister of

State.



APPOINTMENT:

Article 75 (1): The PM is appointed by the President and other

Ministers are also appointed by the President on the advice of the

PM.

The President appoints only those persons as the Ministers who are

recommended by the PM.

A Minister (PM is also a Minister) must be a member of either

Loksabha or Rajya Sabha.

If a person who is not a member of either of the houses of the

parliament is appointed as the Minister, must become a member of

the Parliament with in a period of 6 months.

OATH:

1. Oath is administered by the President.



STRENGTH:

The strength of the Council of Minister including the Prime

Minister should not exceed 15 percent of the total strength of the

Lok Sabha. (Note: Not the total strength of the Parliament).

This restriction was imposed through the 91st amendment act of

2003 by amending the Article 75 of the Indian Constitution.

SALARY:

1. This is decided by the Parliament from time to time.

2. A minister gets the salary and allowances of that are payable to a

Member of Parliament. Additionally he gets a sumptuary allowance

according to his rank, free accommodation, Travelling allowance,

medical facilities etc.

FUNCTIONS:



Article 75(2): A minister is individually responsible to the President.

It means a Minister hold the office during the pleasure of the

President. A Minister submits the resignation to the President. The

President can remove a Minister only on the advice of the PM.

Article 75(3): The Council of Ministers is collectively responsible to

the Loksabha. (Swim or Sink together).

The Council of Ministers advice the President to dissolve the

Loksabha.

The decision of Cabinet is binding on every Minister.

DEPUTY PRIME MINISTER:

This is not mentioned in the Constitution.

The Deputy Prime Minister is appointed mostly for political reasons.

Sardar Vallbhbhai Patel was the first Deputy PM of India. Morarji

Desai, Charan Singh, Babu Jagjeevan Ram, Devi Lal, LK Advani

have served as Deputy PM so far.



The Council of Ministers is a Constitutional body that is dealt in

detail by the Article 74 and 75 of the Indian Constitution.

The word “Cabinet” is not originally mentioned in the

Constitution. It was added in Article 352 in the year 1978

through 44th amendment.

PRIME MINISTERS

Jawaharlal Nehru 1947-1964

Gulzari lal Nanda 1964 (Acting)

Lal Bahadur Shasktri 1964-66

Gulzari Lal Nanda 1966(Acting)

Indira Gandhi 1966-1977

Morarji Desai 1977-1979

Charan Singh 1979-1980

Indira Gandhi 1980-1984



Rajiv Gandhi 1984-1989

Vishwanath Pratap Singh 1989-1990

Chandra Sekhar 1990-1991

P.V.Narasimharao 1991-1996

A.B.Vajpayee 1996 (for 13 days)

H.D.Deva Gowda 1966-1997

I.K.Gujral 1997-1998

A.B.Vajpayee 1998-2004

Dr. Manmohan Singh 2004 – 2014

Narendra Modi 2014 – till date



ATTORENY-GENERAL

The Office of the Attorney-General of India is mentioned under part

V (Union Executive) of the Indian Constitution.

Article 76 of the Constitution of India provides for the office of the

Attorney General of India.



APPOINTMENT:

The Attorney General of India is appointed by the President.

QUALIFICATIONS:

The person must be a citizen of India.

The person must be qualified to be appointed as a judge of the

Supreme Court.

TERM:

The term of office of the Attorney-General is not fixed by the

Constitution.

The Attorney General of India holds the office during the pleasure

of the President.

REMOVAL:

The Attorney General of India is removed by the President of India.

The Procedure and the grounds for the removal of the Attorney

General is not mentioned in the Constitution.

RESIGNATION:



The Attorney General submits the resignation to the President of

India.

SALARY:

The salary of the Attorney General is decided by the President from

time to time.

FUNCTIONS:

The Attorney General of India is the first law officer of the country.

The Attorney General gives advice to the Government of India upon

such legal matters which are referred by the President.

The Attorney General also performs functions of legal character that

are assigned by the President.

The Attorney General also discharges the functions conferred by the

Constitution or any other law.

The Attorney General of India appears on behalf of the Government

of India in all cases in the Supreme Court in which the Government

of India is concerned.



The Attorney General of India represents the Government of India

in any reference made by the President to the Supreme Court under

Article 143 of the Constitution.

The Attorney General appears in any High Court in any case in

which the Government of India is concerned.

The Attorney General of India has the right to audience in nay court

in the territory of India.

The Attorney General of India has the right to speak and take part in

the proceedings of both the houses of Parliament or in the joint

session of the parliament without a right to vote.

Note: Only the members of the Parliament have the right to vote in

their respective house.

The Attorney General of India enjoys all the privileges and

immunities that are available to a Member of Parliament.



PART VI (Article 79–122) (THE PARLIAMENT(UNION

LEGISLATURE):

1. The Parliament consists of three parts.

a. The President

b. The Council of States (Upper House / Rajya Sabha)

c. The House of the People (Lower House / Lok Sabha)

2. The President is the integral part of the Parliament, but does not

attend the meetings of the parliament.

3. A bill that is passed by both the houses of the parliament will become

a law after it is duly attested by the President.

RAJYA SABHA:

The Rajya Sabha was constituted in the year 1952.



The fourth schedule of the Indian Constitution deals with the

allocation of seats in the Rajya Sabha to the states and Union

Territories.

The seats are allotted to the states in Upper House on the basis of

population.

The maximum strength of Rajya Sabha is 250 members.

Out of this 238 are the representatives of the states and Union

Territories.

These 238 are elected indirectly by the elected members of

Legislative Assemblies of the concerned states.

Remaining 12 are nominated by the President who are experts in

various field like Science, Arts, Literature and Social Service.

This is a permanent house. It is not subjected to dissolution.

1/3rd members retire at the end of every second year.

The retiring members are eligible for re-election.

The Constitution has not fixed the term of a member of Rajya Sabha

and this is left to the Parliament.



The Parliament in the Representation of Peoples Act provided that

the term of a member of Rajya Sabha is fixed at 6 years.

QUALIFICATIONS:

Must be a citizen of India.

Must not be less than 30 years of age.

Must possess other qualifications as prescribed by the Parliament.

The Parliament has laid down additional qualifications in the

Representation of Peoples Act of 1951.

Must be registered as an elector for a parliamentary constituency in

the concerned state or Union Territory.

DISQUALIFICATIONS (Under the Constitution):

If holds any office of profit under the Union or State government.



If the person is of unsound mind and stands so declared by a court.

If the person is an un-discharged insolvent.

If the person is not a citizen of Indian or has voluntarily acquired the

citizenship of a foreign state.

If so disqualified under any law made by the Parliament.

DISQUALIFICATIONS UNDER (RPA of 1951):

Must not have been found guilty of certain election offences or

corrupt practices in the elections.

Must not have been convicted for any offence resulting in

imprisonment for 2 or more years. (Detention is not a

disqualification).

Must not have failed to lodge an account of his election expenses

within time.



Must not have any interest in government contracts, works or

services.

Must not be a Director nor holds any office of profit in a corporation

in which the government has at least 25 percent stake.

Must not have been dismissed from government service for

corruption or disloyalty to the state.

Must not have been convicted for promoting enmity between

different groups.

Must not have been punished for preaching and practicing social

crimes such as untouchability, dowry and sati.

With relation to the above disqualification the decision of the

President is final after obtaining the opinion of the election

commission.



LOK SABHA:

The maximum strength of Lok Sabha is 552.

Out of this 530 are the representatives of states directly elected by

the people.

20 members are the representatives of Union Territories directly

elected by the people.

Remaining 2 members are nominated by the President from the

Anglo-Indian community.



Note: The nominated members in the 15th Lok Sabha are Smt. Ingrid

Mcleod and Shri Charles Dias.

Present strength of Loksabha is 545 (530 (states) +13 (UT’S) + 2

(nominated).

All the citizens of India who are above the age of 18 are eligible to

vote. Intially the voting age was fixed at 21. Through 61st

constitutional amendment this was reduced to 18.

The provision to nominate Anglo-Indians was to operate till 1960

only. Periodically it has been extended 10 years through the

constitutional amendments. Now it has been extended up to 2020

through 109th amendment of the constitution.

1. The number of seats in Lok Sabha must be readjusted after every

census.



In India the Census operation is Conducted every 10 years

2. Accordingly the Parliament enacted the Delimitation Commission

Acts in 1952, 1962, 1972 and 2002 for this purpose.

42nd Constitutional amendment Act of 1976 froze the allocation of

seats in the Lok Sabha to the states and the division of each state into

territorial constituencies till the year 2000 at the 1971 census level.

84th Constitutional amendment Act of 2001 it was readjusted and the

number of seats in Lok Sabha frozen up to the year 2026.

3. The Constitution provided the reservation of seats for Schedule

castes and Scheduled tribes in the Lok Sabha on the basis of

population ratio.



The reservation for SC’s and ST’s was to operate till 1960 only.

Periodically it has been extended 10 years through the constitutional

amendments. Now it has been extended up to 2020 through 109th

amendment of the constitution

4. The term of Lok sabha is 5 years from the date of its first meeting

after general elections.

5. The President can dissolve the Lok Sabha at any time before the

completion of 5 years.

6. The term of Lok Sabha can be extended by the Parliament during

National Emergency. This is for one year at a time for any length of

time.

QUALIFICATIONS:



Must be a citizen of India.

Must not less than 25 years of age.

Must possess other qualifications as prescribed by the Parliament.

The Parliament has laid down additional qualifications in the

Representation of Peoples Act of 1951.

1. Must be registered as an elector for some parliamentary constituency

in India.

DISQUALIFICATIONS (Under the Constitution):

If holds any office of profit under the Union or State government.

If the person is of unsound mind and stands so declared by a court.

If the person is an un-discharged insolvent.

If the person is not a citizen of Indian or has voluntarily acquired

the citizenship of a foreign state.



If so disqualified under any law made by the Parliament.

DISQUALIFICATIONS: (UNDER Representation of Peoples Act of

1951):

Must not have been found guilty of certain election offences or

corrupt practices in the elections.

Must not have been convicted for any offence resulting in

imprisonment for 2 or more years. (Detention is not a

disqualification).

Must not have failed to lodge an account of his election expenses

within time.

Must not have any interest in government contracts, works or

services.

Must not be a Director nor holds any office of profit in a

corporation in which the government has at least 25 percent stake.

Must not have been dismissed from government service for

corruption or disloyalty to the state.



Must not have been convicted for promoting enmity between

different groups.

Must not have been punished for preaching and practicing social

crimes such as untouchability, dowry and sati.

With relation to the above disqualification the decision of the

President is final after obtaining the opinion of the election

commission.

YEAR OF ELECTION TO LOK SABHA:

1st - 1951

2nd - 1957

3rd - 1962

4th - 1967

5th - 1971

6th - 1977



7th - 1980

8th - 1984

9th - 1989

10th - 1991

11th - 1996

12th - 1998

13th - 1999

14th - 2004

15th - 2009

16th - 2014

THE SUPREME COURT: (Articles 124 to 147)



The Articles 124 to 147 in part V of the constitution deal with the

independence, jurisdiction, powers, and procedures of the Supreme

Court.

The Federal Court of India was established in the year 1935 under

the Government of India (GOI) Act of 1935.

The Federal Court of India was followed by the Supreme Court.

The Supreme Court of India was inaugurated on January 28, 1950.

The Indian Constitution established as integrated judicial system of

Courts.

The single system of courts adopted from the Government of India

(GOI) Act of 1935.

The Supreme Court is the apex court (Top most in the hierarchy) in

the country.

The High Courts are below the Supreme Court.

Under the High Court there is a system of subordinate courts.

(District Courts and other lower courts).

The Supreme Court is the guardian of the Constitution.

The Supreme Court is the highest court of appeal.



The Supreme Court is the guarantor of the Fundamental Rights of

the citizens.

The Security of tenure is provided to the judges by the Constitution.

This means the judges of Supreme Court can be removed by the

President only in the manner and on the grounds mentioned in the

Constitution.

The Judges of the Supreme Court do not hold the office during the

pleasure of the President.

(NOTE: We learnt in the previous chapters that the Ministers do not

have security of tenure and they hold the office during the pleasure

of the President).

So far how many judges of Supreme Court have been removed?

No Supreme Court judge was removed so far in independent India.

Except during the Financial Emergency the service conditions of the

Supreme Court judges cannot be varied to their disadvantages.

The salaries, allowances and pensions of the Supreme Court judges

and staff as well as the administrative expenses are charged on the



consolidated find of India. (It means they are discussed in the

Parliament and non- votable).

The actions and decisions of the Supreme Court cannot be criticized

and opposed by anybody. If so it is considered as contempt of court.

The CJI appoints officers and servants of the Supreme Court. (No

interference by the executive).

The Parliament cannot curtail the jurisdiction of the Supreme Court.

The Parliament can extend the Jurisdiction of the Supreme Court.

STRENGTH OF SUPREME COURT:

The original strength (1950) of the Supreme Court was eight judges.

This includes one Chief Justice of India (CJI) and seven other

judges.

The strength was increased to ten (10) in the year 1956.

The same was increased to thirteen (13) in the year 1966.

It was further increased to seventeen (17) in the year 1977.

The strength was increased to twenty five (25) in the year 1986.



The present strength of Supreme Court is thirty one (31).

The Parliament of India is empowered to increase the strength from

time to time.

QUALIFICATIONS OF JUDGES OF THE SUPREME COURT:


Should have been a judge of a High Court(s) for five (5) years.

(OR)

Should have been an advocate of High Court(s) for ten (10) years.

(OR)

Should have been a distinguished jurist in the opinion of the

President.

(Note: The Constitution has not prescribed a minimum age for

appointment of a judge of the Supreme Court).

APPOINTMENT OF JUDGES:



The judges of the Supreme Court are appointed by the President.

The Chief Justice of India (CJI) is appointed by the President after

consultation with such judges of the Supreme Court and High Courts

as the President deems necessary.

The other judges are also appointed by the President after

consultation with the Chief Justice of India and such other judges of

the Supreme Court and the High Court as the President deems

necessary.

(IMPORTANT: While appointing the other judges of the Supreme

Court the consultation with the Chief Justice of India is obligatory

for the President).

From the year 1950 to 1973 a practice has been established that the

senior most judge of the Supreme Court is appointed as the Chief

Justice of India.

The convention was violated in the year 1973 when A N Ray was

appointed as the CJI by superseding three senior judges.



In the year 1977 M U Beg was appointed as the CJI by superseding

the then senior most judge of the Supreme Court.

In the year 1993 in the second judges case the Supreme Court ruled

that that the senior most judged of the Supreme Court alone be

appointed as the CJI.

OATH:

The person appointed as a judge of the Supreme Court has to make

and subscribe an oath or affirmation before the President or the other

judges of the Supreme Court are sworn in by the Chief Justice of

India.

In the absence of the President some other person appointed by the

President would perform the same.

TENURE (TERM):



The Constitution has not fixed the tenure of a judge of the Supreme

Court.

A judge holds the office till he/she attains the age of 65 years.

SALARY:

The salaries, privileges, leaves and pensions of the Supreme Court

are determined by the Parliament from time to time.

At present the salary of the Chief Justice of India is Rs. 1, 00,000/-

(One Lakh).

The Salary of other Judge of the Supreme Court is 90,000/- (Ninety

Thousands).

RESIGNATION:

A judge submits the resignation to the President of India.

IMPEACHMENT OR REMOVAL:



A judge of the Supreme Court can be removed through

impeachment.

A judge can be removed from the office by the President on the

recommendation by the Parliament.

There are two grounds that are mentioned in the Constitution for the

removal of judge of the Supreme Court.

Proved Misbehavior

(OR)

Incapacity.

The removal procedure of a Judge of the Supreme Court is initiated

either in the Lok Sabha or in the Rajya Sabha.

If the procedure begins in Lok Sabha.

A removal motion of a Supreme Court judge is signed by 100

members in the case of Lok Sabha.

The signed removal motion is to be given to the Speaker.

The speaker may admit or refuse to admit the same.



If it is admitted the speaker constitutes a three member

committee to investigate into the charges.

The committee should consist of

the CJI (OR) a judge of the Supreme Court

a chief justice of a high court

A distinguished jurist.

If the committee finds the judge to be guilty of misbehavior or

suffering from incapacity the Lok Sabha can take up the

consideration of the motion.

After it is passed in Lok Sabha with a special majority the

motion is presented to the Rajya Sabha.

If it is also passed in the Rajya Sabha with a special majority an

address is presented to the President for the removal of the

judge.

The President passes an order removing the judge.

If the procedure begins in Rajya Sabha.




members in the case of Rajya Sabha.

The signed removal motion is to be given to the Chairman.

The Chairman may admit or refuse to admit the same.

If it is admitted the Chairman constitutes a three member







suffering from incapacity the Rajya Sabha can take up the


After it is passed in the Rajya Sabha with a special majority the

motion is presented to the Lok Sabha.



If it is also passed in the Lok Sabha with a special majority an


judge.


NATIONAL JUDICIAL COMMISSION:

Since beginning there was demand to establish the National Judicial

Commission.

The National Judicial Commission will be vested with the final

authority to deal with the matters of selection, promotion and

transfer of the Judges of both Supreme Court and High Courts.

Establishment of the National Judicial Commission was first

recommended by the Law Commission in the year 1987.



In the year 1990 a constitutional amendment bill was introduced in

the Parliament by the National Front Government headed by the

then Prime Minister V P Singh.

The bill was lapsed because of the dissolution of the Lok Sabha.

The National Commission to review the working of the Constitution

(2000-2002) headed by Justice M N Venkatachalaiah also suggested

the establishment of the National Judicial Commission under the

Constitution.

MISCELLANEOUS:

Under Article 121 of the Indian Constitution no discussion shall take

place in Parliament with respect to the conduct of any judge of the

Supreme Court or of a high Court in the discharge of his duties

except upon a motion for presenting an address to the President

praying for the removal of the Judge.

In the absence of the CJI the President can appoint a judge of the

Supreme Court as an acting CJI.



The CJI can appoint a judge of a High Court as an ad hoc

(temporary) judge of Supreme Court. (This can be done by the CJI

only with the prior permission of the President).

The CJI can request a retired judge of the Supreme Court or High

Court to act as a judge of the Supreme Court for a temporary period

of time.

The Supreme Court of India is located in Delhi.

The CJI can set up the Benches of the Supreme Court of India in

other places of the Country by the CJI with the prior permission of

the President.

The Constitutional cases or references made by the President under

article 143 of the Constitution are decided by a bench consisting of

at least five judges.

All other cases are usually decided by a bench consisting of not less

than three judges.

The Original Jurisdiction of Supreme Court means it decides the

disputes between the Centre and one or more states. The center and



one or more states on one side and other state or states on the other

side or the disputes between the two states.



The Writ jurisdiction of the Supreme Court means it is

empowered to issue the writs including the habeas corpus,

mandamus, prohibition, certiorari and quo- warrento. (Note: High

Courts are also empowered to issue the writs).

Note: The Supreme Court can issue writs for the enforcement of

Fundamental Rights only, where as the High Courts can issue the

writs not only for the enforcement of the Fundamental Rights but

also for other purposes.

The Supreme Court has the appellate jurisdiction. The Supreme

Court not only succeeded the Federal Court but also replaced the

British Privy Council as the highest court of appeal. The Supreme

Court hears the appeals against the judgments of the lower courts.

The appellate jurisdiction is classified into four categories.

Constitutional matters, Civil matters, Criminal matters and Appeal

by Special Leave.

The Advisory Jurisdiction (Consultative Jurisdiction) of the

Supreme Court means the Constitution under the article 143

authorizes the President of India to seek the opinion of the Supreme



Court in two types of matters. On any question of law or fact of

public importance which has arisen or which is likely to arise. (In

this case the Supreme Court may tender or refuse to tender its

opinion to the President). Secondly, on any dispute arising out of

any pre constitution treaty, agreement, covenant, engagement or

other similar instruments. (These are the agreements between the

central government and the princely states between 1947 and 1950).

The Supreme Court is also a court of records. The judgments of

the Supreme Court are admitted to be of evidentiary value and

cannot be questioned when produced before any court. Secondly,

the Supreme Court has also got the power to punish for the contempt

of court.

The Judicial review is the power of the Supreme Court to examine

the constitutionality of legislative enactments and executive orders

of both the central and state governments.

The judicial review is needed to uphold the principle of the

supremacy of the Constitution, to maintain the concept of federalism



(balance between the central and state governments) and also to

protect the fundamental rights of the citizens.

Note: The “Judicial Review” is not mentioned in the Constitution.

The Supreme Court used the power of judicial review in

Golaknath Case – 1967

Bank Nationalization case – 1970

The Privy purses abolition case - 1971

The Kesavananda Bharti case – 1973

The Minerva Mills case - 1980

The Supreme Court has the power to review its own judgment or

order.

The Supreme Court is the ultimate interpreter of the Constitution.

The Supreme Court alone decides the disputes related to the election

of the President and Vice President.

The Supreme Court recommends the President regarding the

removal of the Chairman or members of Union Public Service

Commission. And, the advice tendered by the Supreme Court is

binding on the President.



THE HIGH COURT: (Articles 214 to 231, PART VI)

The Articles 214 to 231 in part VI of the constitution deal with the

independence, jurisdiction, powers, and procedures of the High

Court.

The Supreme Court is the apex court (Top most in the hierarchy) in

the country.

The High Courts are below the Supreme Court.

The High Court occupies the top position in the judicial

administration of state.

Under the High Court there is a system of subordinate courts.

(District Courts and other lower courts).

The Institution of High Court originated in India in the year 1862.

The first High Courts were set up in India in Calcutta, Bombay

and Madras.

In the year 1866 the fourth High Court was set up in Allahabad.



The Constitution of India provides for a High Court in each state.

The 7th amendment (1956) Act authorized the Parliament to

establish a common High Court for 2 or more states.

At present there are 24 High Courts in the country.

There are three common High Courts in the country.

Out of 7 Union Territories in the country Delhi is the only Union

Territory with a High Court.

The Parliament is empowered to extend or exclude the jurisdiction

of a High Court.

The Security of tenure is provided to the judges of High Courts by

the Constitution. This means the judges of High Court can be

removed by the President only in the manner and on the grounds

mentioned in the Constitution.

The Judges of the High Court do not hold the office during the

pleasure of the President.

So far how many judges of High Court have been removed?

No High Court judge was removed so far in independent India.



Except during the Financial Emergency the service conditions of the

High Court judges cannot be varied to their disadvantages.

The salaries, allowances and pensions of the High Court judges are

determined from time to time by the Parliament.

The salaries, allowances and pensions of the High Court judges and

staff as well as the administrative expenses are charged on the

consolidated find of state. (It means they are discussed in the

Parliament and non- votable).

The actions and decisions of the High Court cannot be criticized and

opposed by anybody. If so it is considered as contempt of court.

The CJI appoints officers and servants of the Supreme Court. (No

interference by the executive).

The Parliament cannot curtail the jurisdiction of the Supreme Court.

The Parliament can extend the Jurisdiction of the Supreme Court.

QUALIFICATIONS OF JUDGES OF THE HIGH COURT:




Should have held a judicial office in the territory of India for 10

years.

(OR)

Should have been an advocate of a High Court for ten (10) years.

PLEASE NOTE: There is no provision for appointment of an

eminent jurist as a judge of a High Court.

(Note: The Constitution has not prescribed a minimum age for

appointment of a judge of a High Court).

APPOINTMENT OF JUDGES:

The judges of the High Court are appointed by the President.

The Chief Justice (CJ) is appointed by the President after

consultation with the CJI and the Governor of the concerned state.

In case of common High Court for 2 or more states the Governors

of all the states are concerned by the President.



OATH:

The person appointed as a judge of the High Court has to make and

subscribe an oath or affirmation before the Governor of the state.

In the absence of the Governor some other person appointed by the

President would perform the same.

TENURE (TERM):

The Constitution has not fixed the tenure of a judge of the Supreme

Court.

A judge of High Court holds the office till he/she attains the age of

62 years.

(Note: The question regarding the age is to be decided by the

President of India in consultation with the CJI (Chief Justice of

India) and the decision of the President is final).

Note: Through 15th Amendment Act of 1963 the retirement age of

the High Court judges has been increased from 60 to 62 years.



SALARY:

The salaries, privileges, leaves and pensions of the Supreme Court

are determined by the Parliament from time to time.

At present the salary of the Chief Justice of High Court Rs. 90,000/-

(Ninety Thousands).

The Salary of other Judge of the High Court is 80,000/- (Eighty

Thousands).

The salaries of the High Court judges are charged on the

Consolidated Fund of the state.

(Note: Salaries decided by the Parliament and given by the states).

PENSION:

The Pension of the High Court judges is charged on the

Consolidated Fund of India and not by the state.

Note: Salaries are paid by the States and pension by the Central

Government.



RESIGNATION:

A judge submits the resignation to the President of India.

IMPEACHMENT OR REMOVAL:

A judge of the High Court can be removed through impeachment.

A judge can be removed from the office by the President on the

recommendation by the Parliament.

(Removed in the same manner like that of a Supreme Court).

There are two grounds that are mentioned in the Constitution for the

removal of judge of the Supreme Court.

Proved Misbehavior

(OR)

Incapacity.

The removal procedure of a Judge of the High Court is initiated

either in the Lok Sabha or in the Rajya Sabha.



If the procedure begins in Lok Sabha.

A removal motion of a High Court judge is signed by 100

members in the case of Lok Sabha.

The signed removal motion is to be given to the Speaker.

The speaker may admit or refuse to admit the same.

If it is admitted the speaker constitutes a three member







suffering from incapacity the Lok Sabha can take up the


After it is passed in Lok Sabha with a special majority the

motion is presented to the Rajya Sabha.



If it is also passed in the Rajya Sabha with a special majority an


judge.


If the procedure begins in Rajya Sabha.


members in the case of Rajya Sabha.

The signed removal motion is to be given to the Chairman.

The Chairman may admit or refuse to admit the same.

If it is admitted the Chairman constitutes a three member









suffering from incapacity the Rajya Sabha can take up the


After it is passed in the Rajya Sabha with a special majority the

motion is presented to the Lok Sabha.

If it is also passed in the Lok Sabha with a special majority an


judge.


TRANSFER OF JUDGES:

The President can transfer a judge from one High Court to another

after consulting the CJI (Chief Justice of India).

NATIONAL JUDICIAL COMMISSION:



Since beginning there was demand to establish the National Judicial

Commission.

The National Judicial Commission will be vested with the final

authority to deal with the matters of selection, promotion and

transfer of the Judges of both Supreme Court and High Courts.

Establishment of the National Judicial Commission was first

recommended by the Law Commission in the year 1987.

In the year 1990 a constitutional amendment bill was introduced in

the Parliament by the National Front Government headed by the

then Prime Minister V P Singh.

The bill was lapsed because of the dissolution of the Lok Sabha.

The National Commission to review the working of the Constitution

(2000-2002) headed by Justice M N Venkatachalaiah also suggested

the establishment of the National Judicial Commission under the

Constitution.

MISCELLANEOUS:

High Court is the highest Court of appeal in the state.



The High Court is the protector of Fundamental Rights of the

citizens.

The High Courts are vested with the power to interpret the

Constitution.

In the absence of the CJ the President can appoint a judge of a High

Court as an acting Chief Justice of the High Court.

The CJ can request a retired judge of that High Court or any High

Court to act as a judge of the High Court for a temporary period of

time.

The Original Jurisdiction of High Court means to hear disputes

not by a way of appeal. It extends to the matters of admiralty, will,

marriage, divorce, contempt of court, disputes related to the election

of the Members of Parliament and state legislatures.

The Writ jurisdiction of the High Court means under Article 226

of the Indian Constitution the High Courts are empowered to issue

the writs including the habeas corpus, mandamus, prohibition,

certiorari and quo- warrento. (Note: Supreme Courts are also



empowered to issue the writs under article 32 of the Indian

Constitution).

Note: The Supreme Court can issue writs for the enforcement of

Fundamental Rights only, where as the High Courts can issue the

writs not only for the enforcement of the Fundamental Rights but

also for other purposes.

The High Court has the appellate jurisdiction. The High Court is

the highest court of appeal in the state. The High Court hears the

appeals against the judgments of the lower courts.

The High Court is also a court of records. The judgments of the

High Court are admitted to be of evidentiary value and cannot be

questioned when produced before any subordinate court. Secondly,

the High Court has also got the power to punish for the contempt of

court.

The Judicial review is the power of the High Court to examine the

constitutionality of legislative enactments and executive orders of

both the central and state governments.



The judicial review is needed to uphold the principle of the

supremacy of the Constitution, to maintain the concept of federalism

(balance between the central and state governments) and also to

protect the fundamental rights of the citizens.

Note: The “Judicial Review” is not mentioned in the

Constitution.

The High Court has the power to review its own judgment or order.

(Note: The Supreme Court is the ultimate interpreter of the

Constitution).



GOVERNOR:

The state executive is mentioned in part VI of the Indian

Constitution.

The part VI of the Indian Constitution talks about the Governor,

Chief Minister, Council of Ministers, State Legislature and the

Advocate General at the state level.

The Articles from 153 to 167 in part VI of the Indian constitution

deal with the state executive.

Note: Part VI of the Indian Constitution is not applicable to the state

of Jammu and Kashmir, as it enjoys a special status and also a

separate Constitution.

The office of the Governor at the state level is similar to that of the

President at the Central level.

The Governor is the Constitutional head of the state.



Just like the President of India the Governor of a state is a dejure

(constitutional or nominal or titular) head.

APPOINTMENT:

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

warrant under his hand and seal.

Note: In United States of America the Governor of a state is elected

directly by the people.

Oath of Office:

The oath of office of the Governor is administered by the Chief

Justice of the concerned High Court.

In the absence of the Chief justice the the senior most judge of the

concerned High Court administers the oath of office.

QUALIFICATIONS:

He should be a citizen of India.

He should have completed the age of 35 years.

CONDITIONS:



He should not be a member of either of the houses of the Parliament

or a House of the state legislature. If any such person is appointed

as the Governor, he is deemed to have vacated his seat in that house

on the date on which he enters upon his office of Governor.

He should not hold any office of profit.

Note: In Hargovind Vs Raghukul case the Supreme Court held that

the office of the Governor was not an office of profit under the

Government.

The Governor is entitled without the payment of rent to the use of

Raj Bhavan (Official residence).

SALARY:

The privileges and allowances are decided by the parliament.

The emoluments and allowances of the Governor cannot be

diminished during the term of office.

At present the salary of the Governor of a state is Rs. 1, 10,000/-.

IMMUNITY:



The Governor is immune from any criminal proceedings even in

respect of his personal acts.

The Governor cannot be arrested or imprisoned.

Civil proceedings can be instituted against a Governor after giving

two months notice in respect of his personal acts.

TERM:

The Governor holds the office during the pleasure of the president.

REMOVAL:

The Governor may be removed by the President at any time.

The Constitution does not lay down any grounds upon which a

Governor may be removed by the President.

The Governor has no security of tenure.

The Governor has no fixed term of office.

RESIGNATION:

The Governor can resign at any time by addressing a resignation

letter to the President.



TRANSFER:

The President may transfer a Governor from one state to the other.

REAPPOINTMENT:

The President may reappoint a person as the Governor of the same

state or transfer to the other state.

FUNCTIONS:

The functions of a Governor are similar to that of the President of

India.

The governor has

Executive

Legislative

Judicial

Financial functions.

But the Governor does not have diplomatic, military and Emergency

powers like that of the president of India.

EXECUTIVE POWERS OF THE GOVERNOR:



The Governor of a state appoints the Chief Minister and other

Ministers.

The Governor appoints the Advocate General of the state and

determines the remuneration.

The Governor appoints the state election commissioner and

determines the conditions of service and tenure of office.

The Chairman and members of the state public service commission

are appointed by the Governor.

The Governor can seek any information relating to the

administration of the affairs of the state and proposals for the

legislation from the Chief Minister.

The Governor can require the Chief Minister to submit for the

reconsideration 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.

The Governor can recommend for the President’s rule in the state.

During the President’s rule the Governor enjoys the extensive

executive powers.



The Governor appoints the Vice Chancellors of various universities

in the state.

The Governor acts as the Chancellor of Universities in the state.

LEGISLATIVE POWER

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