STANDARD TEN

CIVICS

Unit I - INDIAN CONSTITUTION.indd 168 10-04-2019 09:56:27 Unit - 1

Indian Constitution

Learning Objectives

„„To know about the making of Indian Constitution „„To know the Salient features of Indian Constitution „„To understand the Fundamental Rights and Duties „„To know the Directive Principles of State Policy „„To understand the Centre-State relations and the Emergency Provisions

Introduction 1.2 Making of Indian The Constitution is the fundamental law Constitution of a country which reflects the fundamental Th e Constitution of India was framed by principles on which the government of that a Constituent Assembly setup under the country is based. It is the vehicle of a Nation’s Cabinet Mission Plan, 1946. Th e Assembly progress. More particularly, it is concerned consisted of 389 members representing with institutional fabric and the framework Provinces (292), States (93), the Chief of the distribution of powers between the Commissioner’s provinces (3) and Baluchistan (1). Th e Assembly held its fi rst meeting on various organs of the government and between December 9, 1946. Dr. Sachchidananda the Union and the States. The concept of Sinha, the oldest member, was elected as the constitution was first originated in U.S.A. temporary President of the Assembly. While the work was in progress, Dr. Sahchidananda 1.1 The Need for Sinha died. Dr. Rajendra Prasad was elected as a Constitution the President of the Assembly. Similarly, both H.C. Mukherjee and V.T. Krishnamachari were All Democratic countries have a constitution elected as the Vice-Presidents of the Assembly. that governs them. A constitution puts down Th e Assembly met for 11 sessions along with certain principles that form the basis of any 166 days of meetings. During the discussion, kind of a state that we as citizens, desire to 2473 amendments were presented. Some of live in. A constitution tells us the fundamental them were accepted. Th e Assembly worked nature of our society. A country is usually through various committees and the draft of made up of different communities of people the Constitution was prepared by the Draft ing who have different beliefs; it will be helpful Committee under the chairmanship of Dr. in fulfilling the beliefs of different segments B.R. Ambedkar. He is recognised as the ‘Father of citizens. of the Constitution of India’.

169 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 169 10-04-2019 09:56:27 „„It introduces Universal Adult Franchise and accords the right to vote to all citizens above 18 years of age without any discrimination. „„It provides single citizenship. „„It makes special provisions for minorities, Scheduled Castes, Scheduled Tribes, etc.

1.4 Preamble The term ‘preamble’ refers to the Dr. B.R. Ambedkar introduction or preface to the Constitution. After the draft had been It consists of the ideals, objectives and basic discussed by the people, the principles of the Constitution. It contains press, provincial assemblies the summary or essence of the Constitution. and others, the Constitution It has great value and has been described as was finally adopted on the ‘key to the Constitution’. The Preamble November 26, 1949, to the Indian Constitution is based on the contained a Preamble, 22 parts, 395 Articles ‘Objective Resolution’, drafted by Jawaharlal and 8 Schedules. The drafted Constitution Nehru, which was adopted by the Constituent came into force on 26th January, 1950. This Assembly on January 22, 1947. It has been day is known as the Republic Day. It is being amended once by the 42nd Constitutional observed every year. Amendment Act of 1976, which added three new words - socialist, secular and integrity. Prem Behari Narain Raizada was The Preamble begins with the phrase ‘We, the calligrapher of the Indian the People of India’. This clearly implies Constitution. The original that the Constitution derives its authority constitution was handwritten by from the People of India. Thus, we can him in a flowing italic style. say that the people of India are the source of our Constitution. The Preamble of our Constitution states that India is a Sovereign 1.3 Salient features of Socialist Secular Democratic Republic. Indian Constitution Its aim is to secure to all Indian citizens „„It is the lengthiest of all the written Social, economic and political justice. The constitutions of the world. Constitution guarantees Liberty of thought, expression, belief, faith and worship to all. It „„It has borrowed most of its provisions gives Equality of status and of opportunity to from the constitutions of various all. It wants to promote Fraternity among all countries. Indians. „„It is partly rigid and partly flexible. „„It establishes a federal system of Liberty, Equality and Fraternity government. were the important slogans during „„ It establishes the parliamentary system not the French Revolution in 1789. only at the Centre but also in the states. They are given importance in the „„It makes India as a secular state. Preamble of our Constitution. „„It provides an independent judiciary.

Indian Constitution 170

Unit I - INDIAN CONSTITUTION.indd 170 10-04-2019 09:56:27 1.5 Citizenship 1.5.3 Loss of Citizenship The word ‘Citizen’ is derived from the The Citizenship Act of 1955 prescribes Latin term ‘Civis’. It means resident of a City three ways of losing citizenship whether State. The Constitution of India provides for acquired under the Act or prior to it under the a single and uniform citizenship for the whole Constitution, viz, renunciation, termination of India. Articles 5 to 11 under part II of the and deprivation. Constitution deals with the citizenship. 1. It can be voluntarily renounced by a citizen. 1.5.1 Citizenship Act of 1955 2. It can be terminated if a person acquires The Citizenship Act of 1955 provides for the citizenship of some other country. acquisition and loss of citizenship after the 3. The central government can deprive a commencement of the Constitution. This naturalized citizen, if it satisfied that the Act has been amended so far eight times. citizenship was acquired by fraud, false Originally, the Citizenship Act (1955) also representation or concealment of material provided for the commonwealth Citizenship. facts or indulges in trade with enemy But, this provision was repealed by the countries or if the person has been sentenced Citizenship (Amendment) Act, 2003. to imprisonment for a period of 2 years. 1.5.2 Acquisition of Citizenship 1.6 Fundamental Rights The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, The Fundamental Rights are enshrined descent, registration, naturalisation and in Part III of the Constitution from Articles incorporation of territory: 12 to 35. In this regard, the framers of the Constitution derived inspiration from According to the Citizenship Act, 1955, the the Constitution of USA. Originally, citizenship could be acquired through any of the Constitution provided for seven the following methods. Fundamental Rights. At present, there are 1. By Birth: All persons born in India on only six Fundamental Rights. Part III of the or after January 26, 1950 are treated as Constitution is rightly described as the Magna citizens by birth. Carta of India. While Fundamental Rights are 2. By Descent: A person born outside India available to all persons, certain Fundamental on or after January 26, 1950 shall be a Rights are available only to Indian Citizens. citizen of India by descent, if his father is a citizen of India at the time of his birth. ‘Magna Carta’ is the Charter of 3. By Registration: A person can acquire Rights issued by King John of citizenship of India by registration with England in 1215 under pressure appropriate authority. from the barons. This is the first 4. By Naturalisation: A foreigners can written document relating to acquire Indian citizenship, on application the Fundamental Rights of citizens. for naturalization to the Government of India. Right to constitutional remedies 5. By Incorporation of Territory: In the (Articles 32) event of a certain territory being added A writ is an order or command issued by to the territory of India, the Government a court in writing under its seal. It is in the of India shall specify the persons of that nature of a command or prohibition from territory who shall be citizen of India. performing certain acts that are specified in

171 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 171 10-04-2019 09:56:27 I. RIGHT TO EQUALITY II. RIGHT TO FREEDOM

Art. 14 - Equality before law. Art. 19 - Freedom of speech and expression, Art. 15 - Prohibition of discrimination on assembly, association, movement, grounds of religion, race, caste, sex or residence and profession. place of birth. Art. 20 - Protection in respect of conviction for Art. 16 - Equality of opportunity in matters of offences. public employment. Art. 21 - Protection of life and personal liberty. Art. 17 - Abolition of Untouchability. Art. 21A - Right to elementary education. Art. 18 - Abolition of titles except military and Art. 22 - Protection against arrest and detention academic. in certain cases.

III. RIGHT AGAINST EXPLOITATION IV. RIGHT TO RELIGION

Art. 25 - Freedom of conscience and free profession, practice and propagation of religion. Art. 23 - Prohibition of traffic in human beings Art. 26 - Freedom to manage religious affairs. and forced labour. Art. 27 - Freedom from payment of taxes for Art. 24 - Prohibition of employment of children promotion of any religion. in factories, etc. Art. 28 - Freedom from attending religious instruction or worship in certain educational institutions. V. CULTURAL & EDUCATIONAL RIGHTS VI. RIGHT TO CONSTITUTIONAL REMEDIES

Art. 29 - Protection of language, script and culture of minorities. Art. 32 - It allows individuals to seek redressal Art. 30 - Right of minorities to establish and for the violation of their fundamental administer educational institutions. rights.

Right to Property (Art. 31) Violation was deleted from the list of which of Fundamental Rights by Fundamental the 44th Amendment Act, right is associated 1978. It is made a legal right with the theme under Article 300-A in Part XII of the depicted in the Constitution. stamps?

Indian Constitution 172

Unit I - INDIAN CONSTITUTION.indd 172 10-04-2019 09:56:28 the orders of the court. Both the Supreme The 86th Amendment Act Court and the High Courts are empowered of 2002 changed the subject to issue five kinds of writs of habeas corpus, -matter of Article 45 and mandamus, prohibition, quo warranto and made elementary education certiorari. That is why the Supreme Court a fundamental right under is called the “Guardian of the Constitution”. Article 21 A. The amended directive According to Dr. Ambedkar, Article 32 is “the requires the State to provide early childhood heart and soul of the Constitution”. care and education for all children until (a) Habeas Corpus: Safeguards people from they complete the age of six years. illegal arrests. (b) Mandamus: It protects the petitioner who But they are fundamental for the governance requires legal help to get his work done by of the country. The Government is duty bound respective public authorities. to apply these principles while making laws. (c) Prohibition: It prohibits a subordinate They aim at promoting the Social Welfare of the people. Dr. B.R. Ambedkar described court from acting beyond its jurisdiction. these principles as ‘novel features’ of the (d) Certiorari: It quashes an order issued by a Indian Constitution. subordinate court by overstepping its ju- risdiction. Differences between (e) Quo Warranto: It prevents usurpation of Fundamental Rights and Directive public office through illegal manner. Principles of State Policy Suspension of Fundamental Fundamental Directive Principles Rights of State Policy Rights It was derived from It was drawn on When the President makes a Proclamation the Constitution of the model of the of Emergency under Article 352, the the USA. Constitution of freedoms guaranteed under Article 19 are Ireland. automatically suspended. The President can suspend other fundamental rights through Even the These are mere specific orders. These orders must be Government cannot instructions to the approved by the Parliament. But he cannot take away or abridge Government. suspend the freedoms given under Arts. 20 these rights. and 21 (protection in respect of conviction for These are These are not offences and protection of life and personal enforceable by a enforceable in any liberty respectively) in any circumstances. court of law. court. 1.7 Directive Principles of These have legal These have moral State Policy sanctions. and political sanctions. The Directive Principles of State Policy are enumerated in Part IV of the Constitution These rights The implementation from Articles 36 to 51. The Constitution does strengthen political of these principles not contain any classification of Directive democracy in the ensures social Principles. However, on the basis of their country. and economic content and direction, they can be classified democracy. into three broad categories, viz, socialistic, These are natural These lead to Gandhian and liberal-intellectual. These rights. protect human principles are not enforceable by the courts. rights.

173 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 173 10-04-2019 09:56:28 1.8 Fundamental Duties (i) To safeguard public property and to abjure violence The Fundamental Duties in the Indian (j) Constitution are inspired by the Constitution To strive towards excellence in all spheres of former USSR. In 1976, the Congress party of individual and collective activity, so that set up the Sardar Swaran Singh Committee the nation constantly rises to higher levels of to make recommendations on fundamental endeavour and achievement duties. The 42nd Amendment Act of 1976 (k) To provide opportunities for education to added some responsibilities of citizens to our his child or ward between the age of six and Constitution called the Fundamental Duties. fourteen years. (The 86th Constitutional This amendment added a new part, namely, Amendment Act, 2002 has also introduced Part IVA to the Constitution. This new part the 11th Fundamental Duty under 51A(k) consists of only one Article that is Article 51A under which all citizens of India or parents which for the first time specified a code of ten shall provide opportunities for education to fundamental duties of the citizens. their children between age of 6 and 14 years) 1.8.1 List of Fundamental Duties 1.9 Centre-State Relations Article 51A declares it to be the duty of The Constitution of India, being federal every citizen of India. in structure, divides all powers between (a) To abide by the the Centre and the States. The Centre-state constitution and relations can be studied under three heads: respect its ideals 1.9.1 Legislative relations and institutions, the National Flag The Union Parliament has the power and the National to legislate for the whole or any part of the Anthem. territory of India, which includes not only the States but also the Union Territories or any (b) To cherish and other area for the time being, included in the follow the noble territory of India. The Seventh Schedule of ideals which in- the Constitution embodies three lists namely, spired the national struggle for freedom the Union List, State List and Concurrent List (c) To uphold and protect the sovereignty, unity consisting of 97, 66 and 47 items respectively. and integrity of India The Parliament enjoys the exclusive power to (d) To defend the country and render national legislate on subjects enumerated in the Union service when called upon to do so List. The State Legislature has exclusive right to (e) To promote harmony and the spirit of com- mon brotherhood among all the people of The Union List, State List and India transcending religious, linguistic and Concurrent List consisting regional or sectional diversities; to renounce at present 100, 61 and 52 nd practices derogatory to the dignity of women items respectively. The 42 Amendment Act of 1976 (f) To value and preserve the rich heritage of transferred five subjects to Concurrent List our composite culture from State List, that is, education, forests, (g) To protect and improve the natural envi- weights and measures, protection of wild ronment including forests, lakes, rivers and animals and birds, and administration of wildlife, and to have compassion for living justice; constitution and organisation of all creatures courts excepts the Supreme Court and the (h) To develop scientific temper, humanism and high courts. the spirit of inquiry and reform

Indian Constitution 174

Unit I - INDIAN CONSTITUTION.indd 174 10-04-2019 09:56:28 Language of the judiciary and texts of laws In 1969, the Tamil Nadu and Special directives. Government appointed a three-member committee The First language committee was under the chairmanship of Dr. appointed in 1955. It submitted its report in P V Rajamannar to examine the 1956. As a follow up of the report, parliament entire question of Centre-state relations. enacted the Official Language Act, 1963. The act laid down that even after 15 year, English legislate on the State List. Both Parliament and may continued to be used along with Hindi for State Legislatures have power to legislate on all official purposes of the Union and also for subjects contained in the Concurrent transaction of business in parliament. Again List. But in case of conflict between the law through the Official Languages (Amendment) of the State and the Union on a subject in the Act, 1967, it was provided that the use of Concurrent List, the law of Parliament prevails. English would continue indefinitely. The Constitution also permitted certain regional 1.9.2 Administrative relations languages to be used for intra-state official The Administrative power of a State extends transactions. Initially, the Constitution only to its own territory and with respect to recognised 14 regional languages which were which it has legislative competence, whereas included in the Eighth Schedule. At present, the Union has exclusive executive power over: 22 languages are recognised. (a) the matters with respect to which Parliament has exclusive power to make laws and (b) the Activity exercise of its powers conferred by any treaty or List out the recognised languages in the agreement. Eighth Schedule of the Constitution? 1.9.3 Financial relations In 2004, the Government of Article 268-293 in Part XII deal with the India decided to create new Financial relations between centre and the category of languages called states. The Centre and States are empowered as “classical languages”. So far, by the Constitution to impose various kinds the six languages are granted of taxes. And certain taxes are imposed and the classical language status namely Tamil collected by the centre and divided between (2004), Sanskrit (2005), Telugu (2008), centre and states based on the recommendation Kannada (2008), Malayalam (2013) and of the Finance Commission appointed by the Odia (2014). President under Article 280 of the Constitution. Late Prime Minister Indira Gandhi appointed the Sarkaria Commission in 1983 to make an 1.11 Emergency Provisions enquiry into the Centre-State relations. The The Central Government has been vested Central government has implemented 180 with extraordinary powers to deal with (out of 247) recommendations of the conditions of emergency. Three types of Commission. The most important is the emergencies are envisaged in the Constitution: establishment of the Inter-State Council in 1990. 1.11.1 National Emergency 1.10 Official Language (Article 352) Part XVII of the Constitution deals with The President under Article 352 can declare the official language in Articles 343 to 351. Its emergency if he is satisfied that India’s security provisions are divided into four heads namely, is threatened due to war, external aggression or Language of the Union, Regional languages, armed rebellion, or if there is an imminent danger

175 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 175 10-04-2019 09:56:28 or threat. When a national emergency is declared made in the Constitution of a country. Article on the ground of war or external aggression it 368 of the Constitution in Part XX, deals is known as external emergency. On the other with the powers of Parliament to amend the hand, when it is declared on the ground of armed Constitution and its procedure. rebellion it is known as internal emergency. This 1.12.1 Procedure of Amendment type of emergency has been declared three times An amendment of this Constitution may be so far: in 1962, 1971 and 1975. 1.11.2 State emergency initiated only by the introduction of a Bill for the purpose in either House of Parliament, (Article 356) and when the Bill is passed in each House Under Article 356, the President can declare by a majority of the total membership of an emergency in a state if the Governor reports that House and by a majority of not less than that a situation has arisen under which the two-thirds of the members of that House government of a State cannot be carried on present and voting, it shall be presented to in accordance with the provisions of the the President who shall give his assent to the Constitution. The continuance of such an Bill and thereupon the Constitution shall emergency beyond one year is possible only if stand amended in accordance with the terms emergency under Art. 352 are in operation or of the Bill. The constitution amendment can the Election Commission certifies that there be brought about only by the Parliament. are difficulties in holding Assembly elections. State legislatures cannot initiate for any Maximum duration of the emergency can be amendment to the Constitution. three years. In this kind of emergency, the States lose much of their autonomy in legislative and 1.12.2 Types of Amendments executive matters. After such an announcement Article 368 provides for three ways of state legislature is suspended and the State amendments, that is, by a special majority of is governed by the Governor on behalf of the Parliament and also through the ratification President. For the first time, the President’s Rule of half of the states by a simple majority. But, was imposed in Punjab in 1951. some other articles provide for the amendment of certain provisions of the Constitution by 1.11.3 Financial emergency a simple majority of Parliament, that is, a (Article 360) majority of the members of each House present Article 360 authorises the President to and voting (similar to the ordinary legislative declare financial emergency if he is satisfied process). Notably, these amendments are not that the financial stability or credit of India deemed to be amendments of the Constitution or of any of its parts is in danger. In this type for the purposes of Article 368. Therefore, the of emergency, salaries and allowances of Constitution can be amended in three ways: any class of persons serving State or Union, 1. Amendment by simple majority of the including judges of the Supreme Court and Parliament High Court can be reduced by an order of 2. Amendment by special majority of the the President. This type of emergency has not Parliament been declared in India so far. 3. Amendment by special majority of the Parliament and the ratification of half of 1.12 Amendment of the the state legislatures. Constitution nd The term amendment denotes change, 42 amendment of the improvement and modification. Usually this Constitution is known as the term is associated with one or more changes mini Constitution.

Indian Constitution 176

Unit I - INDIAN CONSTITUTION.indd 176 10-04-2019 09:56:28 1.13 Constitutional Reform a three member commission headed by the Commissions former Chief Justice of India M.M.Punchchi was set up by the then Government to take a The National Commission to Review the fresh look at relative roles and responsibilities Working of the Constitution was set up by a of various levels of Government and their resolution of the Government of India in 2000 inter-relations. headed by M.N.Venkatachaliah. In April 2007,

Recap

„„ The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan, 1946. „„ The Preamble of our Constitution states that India is a Sovereign Socialist Secular Democratic Republic. „„ The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means resident of a City State. „„ According to Dr. Ambedkar, Article 32 is “the heart and soul of the whole Constitution”. „„ The Fundamental Duties in the Indian Constitution are inspired by the Constitution of former USSR. „„ In 2004, the Government of India decided to create new category of languages called as “classical languages”. „„ Article 368 of the Constitution in Part XX, deals with the powers of Parliament to amend the Constitution and its procedure.

GLOSSARY

Preamble the introduction to the constitution of India 믁கꯍꯁரை Secular state A state which protects all religions equally சமய母 சார㞪ற㞱 அர毁 Discrimination unfair treatment of a person or group பா埁பா翁 Writ written command of court நீதிப்போணை Sovereignty supreme power or authority இறையாண்ம Heritage something handed down from one’s ancestors பாரம㞪쎿யம Autonomy independence in one’s thoughts or actions தன்னட்ச Imminent coming up உடன羿 Proclamation an announcement பிரகடனம

EVALUATION (a) Republic, democratic, secular, socialist, sovereign I Choose the (b) Sovereign, socialist, secular, Correct republic, democratic Answer. (c) Sovereign, republic, secular, 1. Which of the socialist, democratic following sequences (d) Sovereign, socialist, secular, in right regarding the democratic, republic Preamble?

177 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 177 10-04-2019 09:56:28 2. How many times has the Preamble to the 8. Which one of the following rights was Constitution of India amended? described by Dr. B.R. Ambedkar as the (a) Once (b) Twice heart and soul of the Constitution? (c) Thrice (d) Never (a) Right to freedom of religion 3. The Indian Constitution gives to its (b) Right to equality citizens (c) Right to Constitutional remedies (a) Double Citizenship (d) Right to property (b) Single Citizenship 9. How can the Fundamental Rights be (c) Single Citizenship in some States and suspended? double in others (a) If the Supreme Court so desires (d) None of the above (b) If the Prime Minister orders to this 4. A foreigner can acquire Indian effect citizenship through (c) If the President orders it during the (a) Descent national emergency (b) Registration (d) All of the above (c) Naturalisation 10. We borrowed the Fundamental Duties (d) All of the above from the 5. Find the odd one out. (a) American Constitution (a) Right to Equality (b) Canadian Constitution (b) Right against Exploitation (c) Russian Constitution (c) Right to Property (d) Irish Constitution (d)Cultural and Educational Rights 11. The Directive Principles can be classified 6. One of the following is not an instance into of an exercise of a fundamental right? (a) Liberal and Communist principles (a) Workers from Karnataka go to Kerala (b) Socialist and Communist principles to work on the farms (c) Liberal, Gandhian and Communist (b) Christian missions set up a chain of principles missionary schools (d) Socialist, Gandhian and Liberal (c) Men and Women government principles employees got the same salary. 12. Under which Article financial emergency (d) Parents property is inherited by their children can be proclaimed? (a) Article 352 (b) Article 356 7. If the fundamental rights of Indian (c) Article 360 (d) Article 368 citizen are violated, they possess the right to have an access to 13. The procedure for the amendment of the (a) The Parliament Indian Constitution is given in (b) The Attorney General (a) Article 352 (b) Article 356 (c) The President of India (c) Article 360 (d) Article 368 (d) The Supreme court of India

Indian Constitution 178

Unit I - INDIAN CONSTITUTION.indd 178 10-04-2019 09:56:28 14. Which of the following committees/ 5. What are the classical languages in commissions made recommendations India? about the Centre-State Relations? 6. What is national emergency? 1. Sarkaria Commission 7. List out the three heads of the relations 2. Rajamannar Committee between the Centre and the States. 3. M.N.Venkatachaliah Commission V Answer in Detail. Select the correct answer from the codes given below 1. Explain the salient features of the Constitution of India. (a) 1, 2 & 3 (b) 1 & 2 2. Point out the Fundamental Rights. (c) 1 & 3 (d) 2 & 3 3. Write briefly on the Right to II Fill in the Blanks. Constitutional Remedies. 4. Mention the differences between 1. The concept of constitution first Fundamental Rights and Directive originated in ______. Principles of State Policy. 2. ______was elected as the temporary President of the Constituent Assembly. VI Project and activity. 3. The Constitution of India was adopted 1. Collect information about the various on______. members of the Constituent Assembly 4. ______writs are mentioned in Article and their social background. 32. 2. Collect the pictures of the Members of 5. Fundamental duties have been the Drafting Committee and their social given to the citizen of India under background. Article______. VII Life Skill. III Match the Following. 1. Prepare a chart containing the Rights and Duties of citizens and display it in 1. Citizenship Act - Jawaharlal Nehru your class room. 2. The Preamble - 42nd Amendment 3. The mini - 1955 REFERENCE BOOKS Constitution 1. D.D. Basu - Introduction of the 4. Classical - 1962 Constitution of India, S.C. Sarkar & language Sons (Private) Ltd, 1982. 5 National - Tamil 2. PM Bakshi - The Constitution of India, Emergency Universal Law Publishing - an imprint of LexisNexis, 2018. IV Give short Answers. 1. What is a Constitution? 2. What is meant by citizenship? 3. How many types of fundamental rights are listed by the Indian Constitution? T 4. What is a Writ?

179 Indian Constitution

Unit I - INDIAN CONSTITUTION.indd 179 10-04-2019 09:56:29 Unit - 2

Central Government

Learning Objectives

„„To know the powers of the President and Vice President „„To Know the about the Prime Minister and Council of Ministers „„To understand the Lok Sabha and Rajya Sabha „„To know about Supreme Court

Introduction Indian constitution, by giving due recognition to the vastness and plural character of our The Central Government is the supreme nation, have provided a federal arrangement government in our country. The head for her governance. The Central Government quarter of the Central Government is at New consists of three organs, namely, Union Delhi. Articles 52 to 78 in part V of Indian Executive, Legislature and Judiciary. The Constitution deals with the Union Executive. Union Executive consists of the President of Our Constitution provides for a democratic India, the Vice-President, and the Council of form of government. The makers of the Ministers headed by the Prime Minister, and

Central Government

Executive Legislature Judiciary

President of India Parliament Supreme Court of India

Vice-President Chief Justice of India Rajya Sabha Lok Sabha

Prime Minister Other Judges 27 238 Elected 12 Nominated by the State Assemblies by the President Council of Ministers 543 Elected by the people 2 Nominated by the President

Central Government 180

Unit 2 -Central Government(06.03.2019).indd 180 10-04-2019 09:58:36 the Attorney General of India. The Legislature 2.1.1 Qualification for the is known as the Parliament. It consists of two election as President houses, namely the Rajya Sabha and the Lok Sabha. The Union Judiciary consists of the The constitution lays down qualifications Supreme Court of India. for a Presidential candidate. „„He should be a citizen of India. 2.1 The President of India „„He must have completed the age of thirty- five years. In the scheme „„ of parliamentary He must not hold any office of profit under system of the Union, State or local Government. government „„He should have the other qualifications provided by the required to become a member of the Lok constitution, Sabha. the President „„His or her name should be proposed is the nominal by at least ten electors and seconded executive by another ten electors of the Electoral authority. The College which elects the President. chief executive of DR. RAJENDRA PRASAD (First President of India) The President cannot be a Member of the Indian union Parliament or of a State Legislature; if he is is the President. He is designated as the First a member of any legislature, his seat will be citizen of India. He is the supreme commander deemed to have been vacated on the date he / of the armed forces. The President is also the she assumes the office of President. Constitutional head of the Union Executive. He is also responsible for constituting the 2.1.2 Election of the President judiciary. According to Article 53 of the The President is elected by an electoral constitution, the executive power of the college in accordance with the system of Union shall be vested in the President which proportional representation by means shall be exercised by him directly or through of single transferable vote. The Electoral officers subordinate to him in accordance with College consists of the elected members of Constitution. both houses of Parliament and the elected It is a well known fact that members of the states and elected members the President of India resides of National Capital Territory of Delhi and at Rashtrapati Bhavan in New Puducherry. Once elected as the President Delhi. The residence and the has to take an oath of office before the Chief office of the President are Justice of India. The President is elected for a located in the same building. However he term of five years and can be re-elected. has two other office cum residences where 2.1.3 Powers of the President he conducts office at least once a year. They are 'The Retreat Building' at Shimla and the The powers and functions of the President 'Rashtrapati Nilayam' at Hyderabad. These of India can be broadly classified under the locations one in North and other one is South following categories. symbolise the unity of the country and unity Executive Powers of the diverse culture of the people. The constitution vests in the President of India all the executive powers of the Central Government. Article 77 requires that every

181 Central Government

Unit 2 -Central Government(06.03.2019).indd 181 10-04-2019 09:58:36 general election and also at the beginning List of Presidents of India of the first session each year. This address 1. Thiru. Rajendra Prasad 1950 to 1962 is essentially identical in nature to a Speech 2. Thiru. Sarvepalli Radhakrishnan 1962 to 1967 from the Throne.The President summons 3. Thiru. Zakir Hussain 1967 to 1969 Parliament at least twice in a year. 4. Thiru. V.V Giri 1969 to 1974 He may send messages to either House of 5. Thiru. Fakhruddin Ali Ahmed 1974 to 1977 the Parliament with respect to a bill pending in 6. Thiru. Neelam Sanjiva Reddy 1977 to 1982 7. Thiru. Giani Zail Singh 1982 to 1987 the House. All bills passed by the Parliament 8. Thiru. R Venkataraman 1987 to 1992 become “Laws of Acts” only after getting 9. Thiru. Shankar Dayal Sharma 1992 to 1997 assent of the President. Money bills cannot 10. Thiru. K R Narayanan 1997 to 2002 be introduced in the Parliament without his 11. Thiru. APJ Abdul Kalam 2002 to 2007 approval. President terminates the sessions 12. Tmt. Pratibha Patil 2007 to 2012 of both or any of the Houses of Parliament. 13. Thiru. Pranab Mukherjee 2012 to 2017 He can even dissolve the Lok Sabha before the 14. Thiru. Ram Nath Kovind 2017 to till now expiry of the term of the House. He nominates 12 persons who are eminent executive action of the Union shall be taken in literature, science, sports, art and social in the name of the President. So he has to service to the Rajya Sabha. He can also make many appointments to key-offices to nominate two persons belonging to Anglo- run the administration. Indian Community to the Lok Sabha, if in He appoints the Prime Minister and the his opinion, that community is inadequately other members of the Council of Ministers, represented in the House. distributing portfolios to them on the advice Financial Power of the Prime Minister. He is responsible for making a wide variety of appointments. These Money bill can be introduced in include the appointment of Governors of the Parliament only with his prior States, the Chief Justice and other Judges of the recommendation. Annual Budget of the Supreme Court and high Courts, the Attorney Central Government is presented before the General, the Comptroller and Auditor Lok Sabha by the Union Finance Minister General, the Chief Election Commissioner only with the permission of the President. and other Election Commissioners the He causes to be laid before the Parliament Chairman and other Members of the Union the annual financial statement (the Union Public Service Commission Ambassadors Budget). The Constitution of India places the and High Commissioners to other countries. Contingency Fund of India is at the disposal of the President. No demand for a grant can be He appoints a commission to investigate made except on his recommendation. He can into the conditions of SCs, STs and other make advances out of the contingency fund backward classes.He is the supreme commander of the defense forces of India, in of India to meet any unexpected expenditure. this capacity the President can appoint Army, He constitutes a finance commission after Navy, and Air Chiefs. every five years or on the demand of the states to recommend the distribution of revenues Legislative Powers between the Centre and the States.

The President is an integral part of the Judicial Powers Union Parliament. He inaugurates the session of the Parliament by addressing it after the Article 72 confers on the President power to grant pardons, reprieves, respites or

Central Government 182

Unit 2 -Central Government(06.03.2019).indd 182 10-04-2019 09:58:36 remissions of punishment, or to commute „„Under Article 360, the President is vested the sentence of any person convicted of an with the power to proclaim Financial offence. In all cases where the punishment Emergency, if he is satisfied that the financial or sentence is by a court martial; in all cases stability or, the credit of India or any part of where the punishment or sentence is for and India is threatened, by any reason. offence against a Union law; and in all cases where the sentence is a sentence of death. The President is not answerable to any court Kerala and Punjab are the States of law for exercise of his/she power (however where the President’s Rule was He can be subjected to impeachment by the imposed for maximum number Parliament). of times i.e., nine times in both States. Military Powers Article 53(2) lays down that “the supreme command of the Defence Force of the Union 2.1.4 Removal of the President shall be vested in the President and the exercise thereof shall be regulated by law”. The President shall hold office for a term of The President is thus declared to be the five years from the date on which He enters Supreme Commander of the defence Force of the office. The President may by writing under the country. In the exercise of this power, it is his hand addressed to the Vice-President, the President, who can declare war against a resign his office. The President may, for country and make peace. violation of the Constitution, be removed from office by impeachment in the manner Diplomatic Powers provided in Article 61; The Impeachment The President appoints Indian diplomats to action can be brought about in the form of other countries and receives foreign diplomats resolution in either house of the Parliament. posted to India. The ambassador designate It must be supported by not less than One- becomes ambassador after calling on the Fourth of the total strength of the House for President and presenting his credentials. All its introduction. The President shall, in spite treaties and agreements with foreign States of the conclusion of his term, continue to are entered into, in the name of the President. hold office until his successor enters upon his office. Emergency Powers 2.1.5 Privileges of the President „„The President has been empowered by the Constitution to proclaim Emergency. According to Article 361(1) the President, They are follows: Article 352 confers or the Governor of a state, shall not be power on the President to make a answerable to any court for the exercise and proclamation of Emergency on the performance of the powers and duties of his grounds of war, external aggression, office or for any act done or purporting to be or armed rebellion. This is known as done by him in the exercise and performance National Emergency. of those powers and duties. „„Article 356 confers power on the President to make a proclamation of 2.2 Vice-President State Emergency by declaring that the The vice-President occupies the second Government in a State cannot be run on highest office in the country. He is accorded in accordance of the provisions of the a rank next to the President in the official Constitution. warrant of precedence. This office is

183 Central Government

Unit 2 -Central Government(06.03.2019).indd 183 10-04-2019 09:58:36 modeled on the lines 2.2.3 Removal of the Vice of the American Vice- President President. Article 63 The Vice President may be removed from of the constitution his office by a resolution of the Council of provides for a Vice States passed by a majority of all the then President of India. members of the council and agreed to by the This office has been House of the People. A resolution for this created to maintain the purpose may be moved only after a notice of political continuity of DR. RADHA KRISHNAN at least a minimum of 14 days has been given the state. (First Vice President of India) of such an intention. 2.2.1 Qualification for the 2.2.4 Functions of the Vice election as Vice President President The constitution lays down qualifications The Vice-President is Ex-Officio Chairman for a Vice Presidential candidate. of the Rajya Sabha. As the Chairman of the „„He should be a citizen of India. House, he carries out several functions. „„He must have completed the age of thirty- „„He regulates the proceeding of the House. five years. „„He decides the order of the House. „„He must not hold any office of profit under „„He decides the admissibility of a the Union, State or local Government. resolution or questions. „„He should have the other qualifications „„He suspends or adjourns the House in required to become a member of the case of a grave disorder. Rajya Sabha. „„He issues directions to various committees on matters relating to their functions. 2.2.2 Election and term of the Vice-President Casting Vote Article 66(1) the Vice- According to Article (100) President, like the president, of the Constitution, the vice- is elected not directly by president can\only cast his the people but the method vote when there is a tie over of indirect election. He is the Bill in the Rajya Sabha.It elected by the members means that there is need for one vote only of an electoral college to pass the Bill. So vice-president using his consisting of the member of both Houses discretion power cast his vote in favor or of Parliament. The term of office of the against the Bill. No members have any right Vice President is five years. His office may to oppose his decision. terminate earlier than the fixed term either by resignation, death or by removal. He is „„When the President is unable to discharge eligible for re-election. The Constitution his duties due to illness or absence from does not provide a mechanism of succession the country, he attends to the functions to the office of the Vice – President. Under of the President. When the President is such circumstances, election to the Vice unable to do so due to sickness or when the post of President becomes vacant President shall be held early as possible. Till due to resignation, death, or removal then deputy chairman of the Rajya sabha can by impeachment etc. the Vice-President perform the duties of the chairman of the can act as the President for a maximum Rajya sabha. period of six months.

Central Government 184

Unit 2 -Central Government(06.03.2019).indd 184 10-04-2019 09:58:36 by the President on the advice of the Prime If the posts of President Minister. If no party commands absolute and Vice-President lie vacant, majority in the Lok Sabha, the President can Chief Justice of India works summon the leader of any party who, in his as President. This situation opinion, can manage to form a ministry. The happened in 1969 when Chief President administers to the ministers the Justice M.Hidayutalla was appointed as oath of office and of secrecy. The salaries President of India. and allowances of the Prime Minister and the ministers are determined by the Parliament. A 2.3 Prime Minister person who is not a member of the Parliament can be appointed as a minister but he has to Article 74 (1) says: get himself elected to the Parliament within There shall be a council six months. Ministers are individually as well of ministers with the as collectively responsible to the Lok Sabha. Prime Minster as the head to aid and advice 2.3.1 Duties and functions of the President. He may Prime Minister direct the council to reconsider their Article 78 mentioned the duties of the advice, but is bound Prime Minister: JAWAHARLAL NEHRU by the advice given (First Prime Minister of India) „„The Prime Minister decides the rank after reconsideration. of his ministers and distributes various The post of Prime Minister of India has departments. adopted the Westminster (England) model of „„The Prime Minister decides the dates and constitutional democracy. the agenda of the meeting of the Cabinet The leader of the majority party in Lok Sabha which he presides. is appointed by the President as the Prime „„The Prime Minister is the Head of the Minister. The other ministers are appointed Cabinet and the other ministers are his colleagues. „„ List of Prime Ministers of India The Prime Minister informally consults two or three of his senior colleagues when 1. Thiru. Jawaharlal Nehru 1947–64 he does not convene a Cabinet meeting. 2. Thiru. Lal Bahadur Shastri 1964–66 „„The Prime Minister supervises the work 3. Tmt. Indira Gandhi 1966–77 of various ministers. 4. Thiru. Morarji Desai 1977–79 „„ 5. Thiru. Charan Singh 1979–80 To converse to the President all decisions 6. Tmt. Indira Gandhi 1980–84 of the Council of Ministers connecting 7. Thiru. Rajiv Gandhi 1984–89 to the government of the affairs of the 8. Thiru. V.P. Singh 1989–90 Union and proposals for legislation. 9. Thiru. Chandra Shekhar 1990–91 „„The Prime Minister act as the link 10. Thiru. P.V. Narasimha Rao 1991–96 between the President and the Council of 11. Thiru. Atal Bihari Vajpayee May 1996 Ministers. 12. Thiru. D. Deve Gowda 1996–97 „„The Prime Minister is the leader of the 13. Thiru. I.K. Gujral 1997–98 nation and chief spokesperson of the 14. Thiru. Atal Bihari Vajpayee 1998–2004 country. 15. Thiru. Manmohan Singh 2004–14 „„As the leader of the nation, the Prime 16. Thiru. Narendra Modi 2014–till now Minister represents our nation at all

185 Central Government

Unit 2 -Central Government(06.03.2019).indd 185 10-04-2019 09:58:37 international conferences like the but they do not participate in the meetings of commonwealth, summit of the non the cabinet unless invited to do so. aligned nations and SAARC nations. Deputy Ministers 2.3.2 Council of Ministers They are the lowest ranked ministers in After the elections, the President of India, the cabinet. They assist either the Ministers on the advice of the Prime Minister, appoints of Cabinet or State in the performance of the the council of ministers. Sometimes a non duties entrusted to them. – member of the Parliament too may be appointed. However, he must get elected to 2.4 Parliament of India either of the Houses of the Parliament within The parliament is the legislative organ of the a period of six months. The Constitution of Union government. Article 79 to 122 in part V India restricts the number of the Council of of the constitution deal with the organization, Ministers including the Prime Minister to composition, duration, officers, procedures, fifteen per cent of the total members of the privileges, powers and so on of the Parliament. Lok Sabha. The Parliament of India consists of three parts they are the President, Rajya Sabha (the Categories of the Ministers council of States) and Lok Sabha (the House The ministers are classified under three of the People). The Rajya Sabha is the Upper ranks House and the Lok Sabha is the Lower House it is termed as bicameral legislature. (i) Cabinet Ministers (ii) Ministers of State (iii) Deputy Ministers.

Cabinet Ministers The Cabinet is an informal body of senior ministers who form the nucleus of administration. Important decisions of the Parliament government are taken by the Cabinet, such as 2.4.1 Rajya Sabha defense, finance, external affairs and home. The Cabinet recommends to the President to The council of State or Rajya Sabha consists promulgate an ordinance. It is instrumental in of 250 members out of whom 238 represent moving Amendments to the Constitution. The the states and the Union Territories, elected Finance bills have their origin in the Cabinet by the method of indirect election. and then they are introduced in the Lok Sabha The 12nominated members shall be chosen with the Presidents recommendations. The by the President from amongst persons having Cabinet decides the foreign policy of the ‘special knowledge or practical experience in Government approves international treaties the field of literature, science, sports, art and and plays a significant role in the appointment social service. of Ambassadors to various countries. Qualification of the Members Ministers of State A person seeking membership of These ministers belong to the second Rajya Sabha must possess the following category of ministers in the council. They are qualifications. also in charge of ministries or departments

Central Government 186

Unit 2 -Central Government(06.03.2019).indd 186 10-04-2019 09:58:37 „„He should be a citizen of India. Legislative Assemblies they elect the „„He should not be less than 30 years of age. President and Vice President. „„He should not hold any office of profit „„It has power in the impeachment under any Government. procedure of president and judges of supreme court and high court. „„He should be a person with sound mind and monetarily solvent. „„Rajya Sabha has the power to make a state list subject into National Importance. „„ He should have such other qualification If two third majority of the members as may be approved by the Parliament for of Rajya Sabha passes a resolution to that reason from time to time. support it. Rajya Sabha can also create or „„He should not be the member of Lok abolish an All India Service. If majority Sabha or any other legislature. of members (2/3 of Total Members) supports it. Term of House The Rajya Sabha is a permanent house and 4.4.2 Lok Sabha it cannot be dissolved. The members of the The Lok Sabha is the popular house of Rajya Sabha are elected for a term of six years. the Indian Parliament and contains elected One third of the members of Rajya Sabha representatives of the people. Maximum retire every two years, and new members number of members can be elected for Lok are elected to fill the seats thus vacated. Sabha is 552. The Lok Sabha as of today has 543 The Vice President of India is the Ex-officio elected members. Out of these, 530 members Chairperson of the Rajya Sabha. The Deputy are elected from different states and 13 members Chairperson of the Rajya Sabha is elected by from the Union Territories. The President the members of the Rajya Sabha. generally nominates two members belonging to the Anglo-Indian community. At present, the Election Lok Sabha consists of 545 members. Members of Rajya Sabha are elected by the elected members of the ‘State Legislative Qualification of the Members Assemblies’ in accordance with the system „„He should be a citizen of India. of proportional representation by means of „„He should not be less than 25 years of age. the single transferable vote. This process of „„ election is called “indirect election” as they He should have his name in electoral rolls are not elected by the people directly. in some part of the country.

Functions of the Rajya Sabha Money Bill „„Any bill (except the money bills) needs Rajya Sabha does not have to be approved by Rajya Sabha to get any power to amend or reject passed. If the bill gets stuck for more than the Money bill. Lok Sabha can six months then President calls for a joint only introduce Money bill and session of both the houses to resolve the once it is approved by the Lok Sabha, it is deadlock. passed to Rajya Sabha for its approval. If „„ It has the same power as Lok Sabha, Rajya Sabha fails to pass it within 14 days for passing any bill for constitutional then the bill gets passed without the approv- amendment. al of Rajya Sabha. Also, Lok Sabha does not „„ The members of Rajya Sabha have the need to consider the amendments proposed electoral power for selection of President, by the Rajya Sabha. Lok Sabha can reject Vice President. Together with the all the proposals and pass it. members of Lok Sabha and all the State

187 Central Government

Unit 2 -Central Government(06.03.2019).indd 187 10-04-2019 09:58:37 „„He should not hold any office of profit „„It has the same power as Rajya Sabha under the Union or State Government. to participate in case of impeachment „„He should be mentally sound and of president and the judges of Supreme Court. economically solvent. „„It has equal power as Rajya Sabha The term of the House in passing any bill for constitutional amendment. Generally the Lok Sabha enjoys a term of „„Lok Sabha members have the power to five years from the date of its first session. It elect the president, vice president. can be dissolved by the President before the „„Motion of no confidence can only be expiry of its term on the advice of the Prime introduced in Lok Sabha. If it is passed Minister. The emergency provisions of the then the prime minister and other council Constitution enable the President to prorogue of ministers need to resign from their post. or dissolve the Lok Sabha either on the advice of the Prime Minister or on being convinced Elected members of the that no party or no alliance of parties enjoys Parliament from Tamil Nadu. necessary majority support in the House. „„Rajya Sabha – 18 members Election „„Lok Sabha – 39 members

The members of the Lok Sabha are directly elected by the people of the constituencies 2.4.3 The Speaker created on the basis of population. The The Lok Sabha is presided over by the Election Commission of India arranges, ‘speaker’ who is elected by its members. The supervises and conducts elections to the Lok office of the Speaker occupies an essential Sabha. For sake of elections to Lok Sabha position in our Parliamentary democracy. the entire nation is divided into number of The Speaker continues to be in the office even constituencies which are formed more or less in the houses dissolved, till a new Speaker is on the basis of the population. elected by the new Lok Sabha. The Speaker “Universal Adult Franchise” is followed presides over a joint sitting of the two Houses while electing the members of the Lok Sabha. of Parliament. He has the power to decide All Indian Citizens above 18 years of age who whether a Bill is Money Bill or an ordinary are registered as voters will vote for their one. The decision of the Speaker on whether representatives. a Bill is Money Bill is final. Under the anti defection of 1985, the speaker is empowered to decide whether a member of the Lok Sabha is disqualified or not on the basis of the 10th schedule of the constitution. While the office of speaker is vacant or the speaker is absent from the sitting of the house, the deputy speaker presides, except when a resolution for his own removal is under consideration.

Parliament Session Budget Session from February Universal Adult Franchise to May Functions of the Lok Sabha Monsoon Session from July to „„Any bill can be introduced and passed in September the Lok sabha (Including Money Bill). Winter Session from November to December

Central Government 188

Unit 2 -Central Government(06.03.2019).indd 188 10-04-2019 09:58:37 2.4.4 Powers and Functions of such other duties of a legal character that the Parliament are assigned to him by the President and „„The Parliament of India has the functions of discharge the functions conferred on him Legislation, overseeing of administration, by the constitution are any other law. In the passing of Budget, ventilation of public performance of his official duties, Attorney grievances, discussion of various subjects General of India has the right of audience in like development plans, international all courts in the territory of India. Further he relations and internal policies. has the right to speak and to take part in the „„Parliament is also vested with powers proceedings of both Houses of the Parliament to impeach the President and to remove or their joint sitting and any committee of Judges of the Supreme Court and High the Parliament of which he may be named Courts, Chief Election Commissioner a member, but without a right to vote. He and Comptroller and Auditor-General of enjoys all the privileges and immunities that India in accordance with the procedure are available to a member of Parliament. laid down in the Constitution. „„The Parliament exercises control over the 2.6 Judiciary executive through asking questions and supplementary questions, moving motions Judiciary is the third organ of the of adjournment, discussing and passing government. It plays a vital role in protecting resolutions, discussing and pushing censure the rights and freedom of the citizens. It motion or vote of no-confidence. also plays an important role in analyzing and „„The Parliament has the power to change interpreting the provisions of laws and the the boundaries of the States. Constitution. 2.5 Attorney General of Supreme Court India The “Supreme Court is the Guardian of the Constitution”. Our constitution provides The Constitution (Article 76) has provided for the establishment of an independent and for office of the Attorney General for India. integrated judiciary with ‘supreme court’ as He is the highest law officer in the country. the uppermost court in the country. Our He is appointed by the President. He must be judiciary is autonomous of the Legislative a person who is qualified to be appointed the and Executive wing of the Union and State Judge of the Supreme Court. In other words, Government. An integrated judiciary means he must be a citizen of India and he must have a single judicial hierarchy for the whole been a judge of some High Court for five years country. The judiciary plays an important or an advocate of some High Court for 10 role in defensive the rights and freedom of years or eminent jurist, in the opinion of the the citizens. It plays an important role in President. He holds office during the pleasure analyzing and interpreting the necessities of of the President. This means that he may be laws and the constitution. removed by the President at any time. He may also quit his office by submitting his resignation to the President. The Supreme Court of India, New Delhi was inaugurated 5.1 Duties and Functions of on January 28, 1950. It Attorney General of India succeeded the Federal Court To give advice to the Government of of India, established under the India upon such legal matters which are Government of India Act of 1935. referred to him by the President. To perform

189 Central Government

Unit 2 -Central Government(06.03.2019).indd 189 10-04-2019 09:58:37 in “New Delhi”. It may also sit any other place in India which may be decided by the Chief Justice of India with the approval of the President of India.

2.6.4 Powers and Functions of the Supreme Court (a) Judicial Functions Supreme Court The “Supreme Court is the Guardian of 2.6.1 Composition of the the Constitution”. The followings are the Supreme Court functions of the Supreme Court. At the commencement of the constitution (b) Original Jurisdiction in 1950 our supreme court consisted of 8 The cases which are brought directly in judges including the chief justice. At present, the first instance to the Supreme Court come the Supreme Court consists of 28 judges under original jurisdiction. These may including the chief justice. be (i) dispute between the Government of 2.6.2 Appointment of Judges India and one or more States of (ii) Dispute between two or more states (iii) the cases The Chief Justice of Supreme Court in India involving fundamental rights (dispute over is appointed by the President of India. The the enforcement) come under the jurisdiction other judges are appointed by the President in of the Supreme Court. The writs issued by consultation with the collegiums with Chief the Supreme Court for the enforcement of the Justice Head. fundamental rights are, (a) Habeas Corpus 2.6.3 Qualification of Supreme (b) Mandamus (c) Prohibition (d) Certiorari Court Judges (e)Quo Warranto. „„He must be a citizen of India. (c) Appellate Jurisdiction „„He should have worked as a Judge of a The Supreme Court is the final appellate High Court for at least 5 years. court in the country. As regard the Appellate „„He should have worked as an advocate of jurisdiction, the Supreme Court hears appeals High Court for at least 10 years. against the decisions of High Court in “civil, „„He is in the opinion of the President, a criminal and Constitutional” cases with a distinguished Jurist. certificate from the High Court that it is fit to The constitution also provides for the appeal in the Supreme Court. Such a case can appointment of judges to the Supreme Court be brought before the Supreme Court only if on an ad-hoc (temporary) basis. The Chief the High Court certifies that the case invites Justice and other judges of the Supreme a substantial of law as to the interpretation of Court hold the office up to the age of 65 the Constitution. years. The judges of the Supreme Court (d) Advisory Jurisdiction can resign before their term by giving their resignation in writing to the President. The The Constitution confers on the President Parliament also has power to remove the the power to refer to the Supreme Court any Judges by invoking impeachment provisions. question of law or fact which in his opinion is The Supreme Court has its permanent seat of public importance.

Central Government 190

Unit 2 -Central Government(06.03.2019).indd 190 10-04-2019 09:58:37 (e) Miscellaneous Jurisdiction (f) Judicial Review The Supreme Court is The power of the judiciary to declare a „„The law declared by Supreme Court is law as unconstitutional is known as “Judicial binding on all courts within the territory Review”. The Supreme Court enjoys this of India. power. The Supreme Court of India has Individual Review Power with regard to „„The Supreme Court is authorized to make rules for regulating, generally the 1) Dispute between the Centre and the States practice and procedure of the court with 2) To interpret and clarify a provision of the the approval of the President. constitution about which there are some doubts and differences of opinion. „„The Supreme Court has complete control 3) Protecting the fundamental rights, over its own establishment. 4) Those laws passed by the legislatures which are not in accordance with the Constitution.

Recap „„The Central Government consists of three organs, namely, Union Executive, Legislature and Judiciary. „„President appoints the Prime Minister and the other members of the Council of Ministers. „„The Parliament of India consists of three parts they are the President, Rajya Sabha and Lok Sabha. „„The Attorney General for the India is the highest law officer in the country. He is appointed by the President of India. „„The “Supreme Court is the Guardian of the Constitution”. „„The Chief Justice of Supreme Court in India is appointed by the President of India.`

GLOSSARY

Terminate bring to an untimely end. 믁羿ퟁ埍埁 க�ொ迍翁 வ쏁த쯍 Contingency fund an amount of money that can be used to pay for எ鎿ர்பரா செலퟁ ꎿ鎿 problems that might happen. Pardon Absolving the convict of all guilt and punishment. ப�ொ鏁மꟍꞿꯍꯁ Remission Quantitative reduction of punishment without தண㞟னை 埁றைꯍꯁ affecting Nature of punishment. Precedence priority of importance. 믁ꟍꟁ쎿மை Ex-officio because of an office. பதힿ뾿ꟍ ꎿ뮿த்மாக

EVALUATION b) The Chief Justice c) The Prime Minister I. Choose the correct answer d) Council of 1. The Constitutional Head of the Union is Ministers a) The President

191 Central Government

Unit 2 -Central Government(06.03.2019).indd 191 10-04-2019 09:58:37 2. Who is the real executive in a 9. The Chief Justice and other Judges of the parliamentary type of government? Supreme court are appointed by: a) Army a) The President b) The Prime Minister b) TheAttorney General c) The President c) The Governor d) Judiciary d) The Prime Minister 3. Who among the following decides 10. Dispute between States of India comes whether a Bill is a Money Bill or not? to the Supreme Court under: a) The President a) Appellate Jurisdiction b) Attorney General b) Original Jurisdiction c) Parliamentary Affairs Minister c) Advisory Jurisdiction d) Speaker of Lok Sabha d) None of these 4. The Council of Ministers is collectively 11. If you are elected as the President of India, responsible to the: which of the following decision can you take on your own? a) The President a) Nominate the leaders of your choice to b) Lok Sabha the council of minister c) The Prime Minister b) Ask for reconsideration of a bill passed d) Rajya Sabha by both the Houses 5. The Joint sittings of Indian Parliament c) Select the person you like as Prime for transacting legislative business are Minister presided over by? d) Dismiss a Prime Minister who has a a) Senior most member of Parliament majority in the Lok Sabha b) Speaker of the Lok Sabha II. Fill in the blanks c) The President of India 1. ______Bill cannot be introduced d) The Chairman of the Rajya Sabha in the Parliament without President’s 6. What is minimum age laid down for a approval. candidate to seek election to the Lok 2. ______is the leader of the nation Sabha? and chief spokesperson of the country. a) 18 years b) 21 years 3. ______is the Ex-officio c) 25 years d) 30 years Chairperson of the Rajya Sabha. 7. The authority to alter the boundaries of 4. The President generally nominates two state in India rest with? members belonging to the ______a) The President community to the Lok Sabha. b) The Prime Minister 5. ______has the right to speak and c) State Government to take part in the proceedings of both d) Parliament Houses of the Parliament. 8. Under which Article the President 6. The Chief Justice and other judges of the is vested with the power to proclaim Supreme Court hold the office up to the Financial Emergency age of ______years. a) Article 352 b) Article 360 7. ______is the Guardian of the Constitution. c) Article 356 d) Article 365

Central Government 192

Unit 2 -Central Government(06.03.2019).indd 192 10-04-2019 09:58:37 8. At present, the Supreme Court consists b) (A) is false but (R) is true of ______judges including the chief c) Both (A) and (R) are true and (R) is justice. the correct reason for(A) III. Choose the correct d) Both (A) and (R) are true and (R) is statement not the correct reason for(A) 1. i) Total members of the Rajya Sabha is 250. IV. Match the following ii) The 12 nominated members shall be chosen by the President from amongst 1. Article 53 - State Emergency persons experience in the field of 2. Article 63 - Internal Emergency literature, science, art, or social service - Executive power of 3. Article 356 iii) The Members of the Rajya Sabha should President - Office of the Vice not be less than 30 years of age. 4. Article 76 iv) The members of the Rajya Sabha are President - Office of the Attorney directly elected by the peoples. 5. Article 352 a) ii & iv are correct General b) iii & iv are correct V. Answer the brief questions c) i & iv are correct 1. How is President of India elected? d) i, ii & iii are correct 2. What are the different categories of Ministers at the Union level? 2. i) The Chief Justice and other judges of the Supreme Court hold the office up to the 3. What is the qualification of Judges of the age of 62 years. Supreme Court? ii) Judiciary is the third organ of the 4. Write a short note on Speaker of the Lok government. Sabha? iii) The cases involving fundamental 5. What is Money Bill? rights come under the Appellate 6. List out any two special powers of the jurisdiction of the Supreme Court. Attorney General of India? iv) The law declared by Supreme Court VI. Answer in detail is binding on all courts within the 1. Describe the powers and functions of territory of India. the President of India. a) ii & iv are correct 2. Explain the Jurisdiction and powers of b) iii & iv are correct the Supreme Court of India? c) i & iv are correct 3. What are the Duties and functions of Prime Minister of India? d) i & ii are correct 4. Critically examine the Powers and 3. Assertion (A): The Rajya Sabha is Functions of the Parliament. a permanent house and it cannot be dissolved 5. List out the functions of the Lok Sabha and the Rajya Sabha. Reason (R): One third of the members of Rajya Sabha retire every two years, VII. Project and activity and new members are elected to fill the I. Organise a mock parliament in your seats thus vacated. class. Discuss the role of President, a) (A) is false but R is true Prime Minister and Ministers.

193 Central Government

Unit 2 -Central Government(06.03.2019).indd 193 10-04-2019 09:58:37 II. Bring out the differences and similarities 3 Subhash Kashyap - Our Constitution, between the US and Indian President’s National Book Trust, India, 2011.

REFERENCE BOOKS INTERNET RESOURCES

1. D.D. Basu - Introduction of the Constitution of India, S.C. Sarkar & Sons (Private) Ltd, 1982. 2. PM Bakshi - The Constitution of India, Universal Law Publishing - an imprint of LexisNexis, 2018.

ICT CORNER

Through this activity you will know about the current Governing bodies and also about the Lok Sabha & the Rajya Sabha.

Steps • Open the Browser and type the URL given below. • Click on the items under the who’s who menu to view the current Governing bodies and also know about the Lok Sabha & the Rajya Sabha. • For example, click on the president from the leftside menu to view the details of the President. • Likewise you can view all the details of the current Governing bodies.

Central Government 194

Unit 2 -Central Government(06.03.2019).indd 194 10-04-2019 09:58:38 Unit - 3

State Government

Learning Objectives

„„Students acquire knowledge about the structure of the State Government „„To understand the powers and functions of the Governor, Chief Minister, Ministers and Speaker „„To know about the State Legislature „„Student understand the functioning of the judicial system in the State

Introduction Government, in part VI of the constitution from Article 152 to 237, which is applicable The Constitution of India envisages for a to all the states, save only the state of Jammu federal government, having separate systems and Kashmir which has a separate constitution of administration for the union and the states. for its government under Article 370. The There are 29 states, 6 union territories and one structure of the State Government, as formed national capital territory known as Delhi in in the Centre, consists of three branches. These India. The constitution contains provisions for are the Executive, the Legislature and the the governance of both the union and the states. Judiciary. It lays down a uniform structure for the State

State Government

Executive Legislature Judiciary

Governor High Court Legislative Legislative Council Assembly Chief Minister (Upper House) (Lower House) District Courts

Council of Other Courts Ministers

195 State Government

3 State Government(06.03.2019).indd 195 10-04-2019 10:01:19 The Constitution of Jammu and the matter of appointing a person as Governor Kashmir was adopted on the of a State. He should not be a resident of the 17 November, 1957 and came State concerned and, the State Government into force on 26 January, 1957. concerned is consulted and its views are sought The Constitution of India grants regarding the proposed choice. special status to Jammu and Kashmir among According to Article 158 (3A), where the same Indian states, and it is the only state in India person is appointed as Governor of two or more to have a separate constitution. The Directive States, the emoluments and allowances payable Principles of the State Policy and fundamen- to the Governor shall be allocated among the tal duties of the constitution are not applica- States in such proportion as the President may ble to the state of Jammu and Kashmir. Right by order determine. to Property, which is denied as a fundamental Sarkaria Commission on right to rest of the India, is still guaranteed in Centre , State relations Jammu and Kashmir. suggested that the appointment of the Governor should be 3.1 The Executive made: i) From a panel to be prepared by the State 3.1.1 The Governor Legislature or The Governor is the constitutional head of ii) From a panel to be prepared by the State the state executive. The administration of a Government (in effect the Chief Minister) or State is carried on in the name of the Governor. invariably with the concurrence of the State Generally, there is a separate Governor in each Chief Minister ; or State but if the situation warrants so, the same iii) Invariably in consultation with the State person may be appointed as the Governor of Chief Minister. two or more States. Article 154 vests the executive power of the 3.1.3 Qualification State in the Governor. Article 154(1) holds that Article 157 and Article the executive power of the State shall be vested 158 of the Constitution in the Governor and shall be exercised by him of India specify eligibility either directly or through officers subordinates requirements for the post of to him in accordance with this Constitution. governor. They are as follows: „„He should be a citizen of India. 3.1.2 Appointment „„He must have completed 35 years of age. The Governor of a State shall be appointed „„He should not be a member of Parliament by the President. His usual term of office is five or of any State Legislature. If he is a member years but he holds office during the pleasure of of any of Legislature, he automatically the President. Generally, the Governor does not vacates his seat on assuming the office. belong to the State where he is appointed. He „„He should not hold any other profitable can also be transferred from one state to another occupation. by the President. He can also resign any time by addressing his resignation to the President. 3.1.4 Powers and Functions of the Governor The Legislature of a State or a High Court has no role in the removal of a Governor. A person The Governor is the head of the state executive may be appointed as a Governor for any number and he has enormous powers. In the exercise of terms. Two conventions have been set up in of functions and powers, the Governor, except

State Government 196

3 State Government(06.03.2019).indd 196 10-04-2019 10:01:19 in certain cases, is to be guided by the aid and Legislative Powers advice of the Council of Ministers headed by the Chief Minister (under Article 163). As the The Governor is an integral part of the state legislature. But, he is not a member in executive head in the state level, the Governor the either house of the legislature. In this has following functions and powers. capacity, he enjoys the following legislative Executive Powers powers and functions: „„The Constitution vests all executive „„He has the right to summon, prorogue powers of the State Government in the state legislature and dissolve the State the Governor. He may exercise this Legislative Assembly. power either directly or through „„He can address the state legislature at the officers subordinate to him. He is the commencement of the first session after constitutional head of the State. All the each general election and the first session administration is carried on in his name. of each year. „„The executive powers and functions of „„He can send messages to the houses of the the Governor are: state legislature relating to a bill pending „„He appoints the leader of the majority in the legislature. party in the State Legislative Assembly as „„He can appoint any member of the the Chief Minister of the State. Legislative Assembly to preside over its proceedings when the offices of both „„He appoints other members of the Council the Speaker and the Deputy Speaker fall of Ministers on the recommendation of vacant. the Chief Minister. „„He can nominate one member to the state „„He appoints the Advocate - General of the legislature assembly from the Anglo- state and determines his remuneration. Indian Community. The Advocate General holds office during „„He nominates 1/6 of the members of the the pleasure of the Governor. State Legislative Council from amongst „„He appoints the Chairman and Members the persons having special knowledge or of the State Public Service Commission. practical experience in literature, science, However, they can be removed only by art, cooperative movement and social the president and not by a governor. service. „„He appoints the state election „„He decides on the question of commissioner and determines his disqualification of members of the state conditions of service and tenure of office. legislature in consultation with the Election Commission. However, the state election commissioner can be removed only in like manner and „„Every bill passed by the state legislature on the like grounds as a judge of a high will become law only after his signature. court. But, when a bill is sent to the Governor after it is passed by the legislature, he „„ He acts as the chancellor of universities has the options to give his assent to the in the state. He also appoints the Vice bill or withhold his assent to the bill or Chancellors of universities in the state. return the bill for the reconsideration of „„He directly rules a State when there is the the legislature. imposition of the President’s rule in the „„He has to reserve any bill passed by the State. state legislature which endangers the

197 State Government

3 State Government(06.03.2019).indd 197 10-04-2019 10:01:20 position of the state High Court, for the „„He makes appointment, postings and consideration of the President. promotions of the District Judges in „„He can promulgate ordinances when the consultation with the State High Court. state legislature is not in session under „„The Chief Justice of the High Court in Article 213. But, these ordinances must the State is appointed by the President in be approved by the legislature within consultation with him. six months. He can also withdraw an „„He can pardon, commute or reprieve ordinance at anytime. punishment on receipt of appeals for „„ He has to lay the annual reports of the mercy. State Finance Commission, the State Public Service Commission and the Discretionary Powers Comptroller and Auditor General relating „„The Governor can reserve a bill for the to the accounts of the state, before the consideration of the president. state legislature. „„He recommends for the imposition of the Financial Powers President’s rule in the state. „„The Constitution confers on the Governor, „„He seeks information from the Chief the duty to get prepared and introduced Minister relating to the administrative to the State Legislature, the annual budget and legislative matters of the state. and also the supplementary budgets, if necessary. „„He can call the leader of any party to form ministry in the state when there is „„He causes the Annual Financial Statement (Budget) of the State to be presented in no clear-cut majority to any party in the the Legislative Assembly. Legislative Assembly after the general elections. „„He presents through the Minister of Finance of the State the Supplementary „„He can dismiss the Council of Ministers Budget of the State to the Legislative when it is unable to prove the confidence Assembly if there be such a need. of the Legislative Assembly; and „„Money Bills can be introduced in the „„He can dissolve the Legislative Assembly State Legislature only with his the prior if the Council of Ministers has lost its recommendation. majority. „„No demand for any grant can be made Emergency Powers except on his recommendation. If the Governor is satisfied that the „„He can make advances out of the government of the state is not carried on state Contingency Fund to meet any in accordance with the provisions of the unforeseen expenditure. Constitution, he may, under Article 356, „„ He constitutes a Finance Commission recommend to the President to impose after every five years to review the President Rule in that State. As soon as the financial position of the panchayats and President Rule is imposed, the administration the municipalities. of the State is carried on by the Governor as Judicial Powers the representative of the President. „„He appoints the Attorney-General of the State. 3.1.5 Privileges of the Governor „„He appoints Judges to the Subordinate Article 361(1) provides for the following Courts in the State. privileges for the Governor;

State Government 198

3 State Government(06.03.2019).indd 198 10-04-2019 10:01:20 (a) The Governor of a State, is not be answerable Chief Ministers of Tamil Nadu from 1947 to any court for the exercise and performance of the powers and duties of his office or Thiru.O. P. Ramaswamy 1947-1949 for any act done or purporting to be done Thiru.P. S. Kumaraswamy Raja 1949 – 1952 by him in the exercise and performance of Thiru.C. Rajagopalachari 1952 – 1954 those powers and duties. Thiru.K. Kamaraj 1954 - 1963 (b) No criminal proceedings whatsoever shall Thiru.M. Bakthavatsalam 1963 – 1967 be instituted or continued against the Thiru.C. N. Annadurai 1967 – 1969 Governor of a State, in any court during his Thiru.M. Karunanidhi 1969 – 1976 term of office. Thiru.M. G. Ramachandran 1977 – 1987 (c) No process for the arrest or imprisonment of Tmt. JanakiRamachandran January 1988 the Governor of a State, shall issue from any Thiru.M. Karunanidhi 1989 – 1991 court during his term of office. Selvi.J. Jayalalithaa 1991 – 1996 Thiru.M. Karunanidhi 1996 – 2001 (d) No civil proceedings in which relief is claimed against the Governor of a State. Selvi.J. Jayalalithaa 2001 Thiru.O.Panneerselvam 2001 – 2002 3.2 Chief Minister Selvi.J. Jayalalithaa 2002 – 2006 In the scheme of Parliamentary system of Thiru.M. Karunanidhi 2006 – 2011 government provided by the constitution, the Selvi. J. Jayalalithaa 2011 – 2014 governor is the nominal executive authority Thiru.O.Panneerselvam 2014 – 2015 and the Chief Minister is the real executive Selvi.J. Jayalalithaa 2015 – 2016 authority. In other words, the governor is the Thiru.O.Panneerselvam 2016 – 2017 head of the State while the Chief Minister is the Thiru.Edappadi K. Palaniswami 2017 – till now head of the government. 3.2.1 The appointment of the 3.2.2 Powers and functions of Chief Minister the Chief Minister The Chief Minister is appointed by the Governor of the State. The leader of the majority The Chief Minister is the real executive head of party or majority group in the State Legislative the State administration. He has the following Assembly is appointed as the Chief Minister. In powers and functions. case no party commands absolute majority, in � Relating to the council of ministers the Legislative Assembly or the majority fails to elect its leader, the Governor can use his � Relating to the Governor power and invite the leader of the other largest �  party to form the ministry. He has to prove the Relating to the State Legislature confidence (majority support) in the Legislative � Other functions and powers. Assembly within the period stipulated by the Governor. Relating to the Council of The term of the Chief Minister is not fixed. Ministers He may remain as the Chief Minister as long As the head of the Council of Ministers, the as he enjoys the support of the majority of the Chief Minister enjoys the following functions members of the Legislative Assembly. He has to resign when he losses confidence of the majority and powers. in the assembly. It is ‘understood that normally „„The Chief Minister recommends the he completes 5 years term like other members persons who can be appointed as in the Legislative Assembly. ministers by Governor.

199 State Government

3 State Government(06.03.2019).indd 199 10-04-2019 10:01:20 „„He allocates the portfolios among the Other function and powers ministers. „„As the leader of the ruling party, the „„He shuffles and reshuffles his ministry. Chief Minister has to control the party „„He can ask a minister to resign or to and develop the disciplines. advise the Governor to dismiss him in „„As the leader of the state, he has to keenly case of difference of opinion. consider the demands of the different „„He presides over the meetings of the sections of the people. Council of Ministers and influences its „„As the political head of the various decisions. services, he has to supervise, control and co-ordinate the secretaries of various „„He can bring about the collapse of the departments in the state level. council of ministers by resigning from office. „„For smooth functioning of the state and for good centre-state relations, he „„He guides, directs, controls and has to develop a rapport with the union coordinates the activities of all the government. ministers. 3.2.3 Council of Ministers Relating to the Governor The Council of Ministers are collectively The Chief Minister is the principal channel responsible to the State Legislature. All the of communication between the Governor and members of the Council of Ministers must be the the Council of Ministers, and he advises the members of the State Legislature. Those who are Governor in relation to the appointment of the not the members at the time of their appointment, following officials: must secure their seats in the Legislature within a period of 6 months. All the ministers work „„Advocate General of the State. as a team under the Chief Minster. As long as „„State Election Commissioner. the Chief Minister is in office, the Council of „„Chairman and Members of the State Ministers will also be in power. If a no-confidence Public Service Commission. motion is passed by the Legislative Assembly, the State Ministry shall resign. „„Chairman and Members of the State Planning Commission. Article l63 provides for a Council of Ministers to aid and advice the Governor. According „„ Chairman and Members of the State to Article 163(1) there shall be a Council of Finance Commission. Ministers with the Chief Minister at the head Relating to State Legislature to aid and advice the Governor in the exercise of his functions, except in so far as he is by or � The Chief Minister advises the Governor with under this Constitution required to exercise his regard to the summoning and proroguing functions or any of them in his discretion. the sessions of the state legislature. Other Provisions relating to �  He announces the government policies on Ministers the floor of the house. Article 164(1) holds that the Chief Minister � He can introduce the bills in the Legislative shall be appointed by the Governor and the Assembly. other Ministers shall be appointed by the � He can recommend for the dissolution of Governor on the advice of the Chief Minister, the Legislative Assembly to the Governor and the Ministers shall hold office during the pleasure of the Governor: anytime.

State Government 200

3 State Government(06.03.2019).indd 200 10-04-2019 10:01:20 Article 164(1A) states that the total number Andhra Pradesh, Telangana and Jammu- of Ministers, including the Chief Minister, in the Kashmir). The lower house, legislative assembly Council of Ministers in a State shall not exceed represents the people of the state the upper fifteen percent of the total number of members house; Legislative Council represents special of the Legislative Assembly. interests like teachers, graduates and local governments. The functions and powers of the Council of Ministers „„It formulates and decides the policies of the state and implements them effectively. „„It decides the legislative programmes of the Legislative Assembly and sponsors all important bills. „„It controls the financial policy and decides the tax structure for the public welfare of the state. Tamil Nadu Legislative Assembly „„It chalks out programmes and schemes for the socio-economic changes so that In Tamil Nadu, according to the the state makes headway in various inter- strength of Legislative Assem- related fields. bly (234 members), the number „„It makes the important appointments of of ministers may be up to 36, i.e. 15 percent of 234. the Heads of Departments. „„ It discusses and takes efforts on the 3.3.1 The Legislative Assembly dispute with other states (Lower House) „„It advises the Governor on the The Legislative Assembly is a popular house. It appointment of Judges of the subordinate is the real centre of power in the State. It consists courts. of members directly elected by the people on „„ It frames the proposal for incurring the basis of adult franchise. The strength of the expenditure out of state reserves. Assembly varies from State to State depending on „„It decides all the bills whether ordinary the population. However the maximum strength bills or money bills to be introduced in of the Assembly must not exceed 500 or its the Legislative Assembly. minimum strength not be below 60. The term of „„Each minister of the Council of Ministers office of the legislative assembly is 5 years. It can supervises, controls and coordinates the be dissolved even before the expiry of its term. department concerned. The size of the Legislative Council cannot „„Annual Financial Statement called as be more than one-third the membership of the the Budget is finalised by the Council of Legislative Assembly (lower house) of that state. Ministers. But its size cannot be less than 40, except in Jammu and Kashmir where there are 36 by an 3.3 The State Legislature act of Parliament. The members draw the salary and allowances passed by the State legislature The Constitution provides a legislature from time to time. for every state. Most of the States have only Composition unicameral legislature i.e., Legislative assembly. The Legislative Assembly of Tamil Nadu Some State has bicameral legislatures (example consists of 235 members out of which 234 Bihar, Karnataka, Maharashtra, Uttar Pradesh,

201 State Government

3 State Government(06.03.2019).indd 201 10-04-2019 10:01:20 members are directly elected by the people The Vidhan Parishads (Legislative Council) from the constituencies on the basis of adult forms a part of the state legislatures of India. franchise and one member is nominated by the In Seven of India’s 29 states (Bihar, Karnataka, Governor from the Anglo-Indian community. Maharashtra, Uttar Pradesh, Andhra Pradesh, However, seats shall be reserved in the house for Telangana and Jammu - Kashmir) the the scheduled castes and scheduled tribes. Legislative Council serves as the indirectly- elected upper house of a bicameral legislature. Cabinet and Cabinet Committees It is also a permanent house because it cannot be dissolved. Every Member of Legislative A smaller body called Cabinet is the nucleus Council (MLC) serves for a six-year term, with of the council of minister. It consists of only terms staggered so that the terms of one-third the cabinet ministers. It is the real centre of of members expire every two years. MLCs authority in the state government. must be citizens of India not under 30 years of The cabinet works through various age, mentally sound and not bankrupt, and his committees called cabinet committees. They are name should be in the voter’s list of the state of two types - standing and ad hoc. The former from which he or she is contesting the election. are of a permanent nature while the latter are of a temporary nature. The Tamil Nadu Legislative Council was abolished by The Speaker Tamil Nadu Legislative The Legislative Assembly elects two of its Council (Abolition) Bill, 1986. The Act came into force on the members as the Speaker and Deputy Speaker. 1st November 1986. The Speaker vacates his office, if he cannot continue to be a member of the Assembly. He may also resign his office at any time. The Election to Legislative Council speaker may be removed from office by a „„1/3 of the members are elected by local resolution of the Assembly after giving a 14 bodies. days’ notice. Such a resolution must be passed „„1/12 of the members are elected by by a majority of the members present at the Graduates of the universities in the State. time of voting. The speaker does not vacate his office, when the Assembly is dissolved. He „„1 /12 of the members are elected by continues to be the Speaker until the first sitting Graduate teachers. of the new Assembly. While the office of the „„1/3 of the members are elected by the speaker is vacant, the Deputy Speaker performs members of the Legislative Assembly. his functions. „„1/6 is nominated by the Governor who is 3.3.2 The Legislative Council eminent in the field of literary excellence, art, social services or Co-operation. (Upper House) The Chairman The legislative Council is the upper House of the State Legislature. It is constituted as a The Chairman (chair person he / she) is permanent House. Article 171(1) provides that the Presiding Officer of the Upper house. the total number of members in the Legislative The Members elect a Chairman and a deputy Council of a State shall not exceed one-third of chairman from among themselves. In the absence of the chairman, the deputy chairman the total number of members in the Legislative officiate the functions of the Legislative Assembly of that State, but not less than 40 Council. members in any case.

State Government 202

3 State Government(06.03.2019).indd 202 10-04-2019 10:01:20 Abolition or Creation of questions asked by the members of the Legislative Councils Legislature. They can be removed from office if the Assembly passes a vote of “no confidence Article 169 deals with the creation or motion” against the Ministry. abolition of Legislative Council in a State. Article 169 holds that if the state Legislative 3.4.4 Wide powers Assembly passes a resolution by a majority of In State having two Houses, the Legislative not less than 2/3rd of the members present and Assembly enjoys more powers than the voting and by the majority of total strength Legislative Council. The Assembly has of the House, requesting the Parliament to complete control over the state finance. The create or abolish the state Legislative council Council cannot vote for grants. The Council of then the Parliament may by law provide for Ministers is responsible only to the Assembly. the abolition and creation of the Legislative Council. 3.5 Judiciary of State

3.4 Functions of the State 3.5.1 High Courts Legislature The institution of high court originated in The powers and functions of the State India in 1862 when the high courts were set up Legislature are almost the same as that of at Calcutta, Bombay and Madras. In the course Parliament. of time, each province in British India came to have its own high court. After 1950, a high court 3.4.1 Legislative powers existing in a province became the high court for The State Legislature can pass laws on all the corresponding state. The High Courts are subjects mentioned in the State List as per the highest courts at State level, but being part the constitution. It can also pass laws on of integrated Indian judiciary they work under concurrent subjects. The State made law in the superintendence, direction and control of a concurrent subject will become inoperative the Supreme Court. when the centre also passes a law on the same subject. The passing of Bill into law follows the same procedure, as in the union parliament. Every bill passes through three readings. Then it becomes an Act with the Governor’s assent. 3.4.2 Financial Powers

The Legislature controls the finances of the State. The Lower House enjoys greater power High Court of Madras than the Upper House in money matters. The Constitution of India provides for a Money bills can be introduced only in the high court for each state, but the Seventh Lower House or the Assembly. No new tax can Amendment Act of 1956 authorised the be levied without the sanction and permission Parliament to establish a common high court of the Assembly. for two or more states or for two or more states 3.4.3 Controls over the Executive and a union territory. The Legislature controls the Executive. For example, the States of Punjab and Haryana The Council of Ministers is responsible to and the Union Territory of Chandigarh have a the Assembly. The Ministers have to answer common High Court situated at Chandigarh.

203 State Government

3 State Government(06.03.2019).indd 203 10-04-2019 10:01:20 Similarly, the High Court of Guwahati is criminal cases which are committed to them by common for seven northeastern States of Assam, the Presidency Magistrates. Nagaland, Manipur, Meghalaya, Mizoram, Appellate Jurisdiction Tripura and Arunachal Pradesh. Delhi, though As Courts of appeal, all High Courts entertain not a State, has its own separate High Court. appeals in civil and criminal cases from their Every High Court has a Chief Justice and a subordinate Courts as well as on their own. number of judges. The number of judges varies from State to State. The number of judges of They have, however, no jurisdiction over each High Court is determined by the President. tribunals established under the laws relating to At present there are 25 High Courts for 29 States the Armed Forces of the Country. (including new Andhra Pradesh High Court Writ Jurisdiction established in 1st January 2019 at principal seat in Amravati) and seven Union Territories. Under Article 226 of the constitution, the High Courts are given powers of issuing writs The High Court of Madras not only for the enforcement of the Fundamental is the one of the three High Rights, but also for other purposes. In exercise Courts in India established in of this power, a Court may issue the same the three Presidency Towns of type of writs, orders or directions which the Bombay, Calcutta and Madras Supreme Court is empowered to issue under by letters patent granted by Queen Victoria, Article 32. bearing date 26 June 1862. The High Court The jurisdiction to issue writs under this building is the second largest judicial Article is larger in the case of High Courts, for complex in the world after London. which the Supreme Court can issue them only where a Fundamental Right has been infringed, 3.5.2 Appointment of the Judges a High Court can issue them not only in such cases, but also where an ordinary legal right has Every High Court consists of a Chief Justice been infringed. and such other Judges as appointed by the President from time to time (Article 216). Habeas Corpus The writ of habeas corpus is issued to a detaining authority, ordering the 3.5.3 Jurisdiction and Powers of detainer to produce the detained person in High Court the issuing court, along with the cause of his At present, a high court enjoys the following or her detention, if the detention is found to jurisdiction and powers: be illegal, the court issues an order to set the person free. Original Jurisdiction Mandamus The writ of mandamus is issued to In their judicial capacity, the High Courts a subordinate court, an officer of government, or of the Presidency towns (Bombay, Calcutta and Madras) have both original and appellate a corporation or other institution commanding jurisdictions, while other High Courts have the performance of certain acts or duties. mostly appellate jurisdiction. Prohibition The writ of prohibition is issued Only in matters of admiralty, probate, by a higher court to a lower court prohibiting it matrimonial and contempt of Court, they have from taking up a case because it falls outside the original jurisdiction. The Presidency High jurisdiction of the lower court. Thus, the higher Courts have original jurisdiction in which the court transfers the case to it. amount involved is more than `2000 and in

State Government 204

3 State Government(06.03.2019).indd 204 10-04-2019 10:01:20 Quo Warranto The writ of quo Warranto is law and return the case to the subordinate issued against a person who claims or usurps court with its judgment. a public office. Through this writ the court (d) Its law is binding on all subordinate courts inquires ‘by what authority’ the person supports functioning within its territorial jurisdiction his or her claim. in the same sense as the law declared by the Certiorari The writ of certiorari is issued to a Supreme Court is binding on all courts in lower court directing that the record of a case be India. sent up for review, together with all supporting Court of Record files, evidence and documents, usually with the All the decisions and decrees issued by the High intention of overruling the judgment of the lower Court are printed and are kept as a record for court. It is one of the mechanisms by which the future references by the Court as well as by the fundamental rights of the citizens are upheld. lawyers, is such a need arises. Thus, it also acts as a Court of Record. Supervisory Jurisdiction Power of Judicial Review High court has the power of superintendence over all courts and tribunals functioning in its Judicial review is the power of a high court territorial jurisdiction (except military courts to examine the constitutionality of legislative or tribunals) Thus, it may enactments and executive orders of both the Central and state governments. Though the (a) Call for returns from them; phrase judicial review has no where been used (b) Make an issue, general rules and prescribe in the Constitution, the provisions of Articles forms for regulating the practice and 226 and 227 explicitly confer the power of proceedings of them. judicial review on a high court (c) Prescribe forms in which books, entries and The 42nd Amendment Act of 1976 curtailed accounts are to be kept by them; and the judicial review power of high court. It (d) Settle the fees payable to the sheriff, clerks, debarred the high court’s from considering officers and legal practitioners of them. the constitutional validity of any central law. Control over Subordinate Courts However, the 43rd Amendment Act of 1977 A high court has an administrative control and restored the original position. other powers over them (a) It is consulted by the governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the state (other than district judges). (b) It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial service of the state (other than district judges). (c) It can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. It can then either dispose of the case itself or determines the question of Statue of Sama Neethi Kanda Cholan at Madras High Court

205 State Government

3 State Government(06.03.2019).indd 205 10-04-2019 10:01:21 Recap „ „„The Governor is the constitutional head of the state executive. „ „„The Chief Minister is appointed by the Governor of the State. „ „„The Council of Ministers are collectively responsible to the State Legislature. „ „„The Legislative Assembly is the real centre of power in the State. „ „„At present there are 25 High Courts for 29 States and seven Union Territories. „ „„The 42nd Amendment Act of 1976 curtailed the judicial review power of high court. „ „„The 43rd Amendment Act of 1977 restored the original position.

GLOSSARY

Constitution It has been defined as the fundamental law of a State. அர殿யலமைꯍꯁ Cabinet It is an inner body within the Council of Ministers which is அமைச㞚ரவை responsible for formulating the policy of the Government. Legislature the group of people in a country or part of a country who சட㞟மன㞱믍 have the power to make and change laws Tribunal a special court chosen, especially by the government, to 鏀ர்்ꮾய믍 examine particular problem Resolution an official decision that is made after a group or organisation 鏀ர்மன믍 has voted Remuneration payment for work or service ஊ鎿ய믍 Interpretation an explanation or opinion of what something means ힿளக㞕믍

EVALUATION 3 Which among the following is not one of the powers of the Governor? (a) Legislative (b) Executive I Choose the (c) Judicial (d) Diplomatic Correct Answer 4 Who can nominate one representative 1 The Governor of the of the Anglo-Indian Community to the State is appointed by the State Legislative Assembly? (a) Prime Minister (a) The President (b) Chief Minister (b) The Governor (c) President (c) The Chief Minister (d) Chief Justice (d) The Speaker of State legislature 2 The Speaker of a State is a 5 The Governor does not appoint (a) Head of State (a) Chief Minister (b) Head of government (b) Chairman of the State Public Service (c) President’s agent Commission (d) None of these (c) Advocate General of the State (d) Judges of the High Court

State Government 206

3 State Government(06.03.2019).indd 206 10-04-2019 10:01:21 6 The Chief Minister of a State is appointed by (c) Punjab and Haryana (a) The State Legislature (d) Maharashtra and Gujarat (b) The Governor (c) The President II. Fill in the blanks (d) The Speaker of State 1 Governor of the state government Legislative Assembly surrenders his resignation to ______. 7 The State Council of Ministers is headed by 2 Members of the Legislative assembly (a) The Chief Minster (MLAs) elected by the ______. (b) The Governor 3 ______is the first women Governor of (c) The Speaker Tamil Nadu. (d) The Prime Minister 4 ______acts as the chancellor of 8 The Legislative Council universities in the state. (a) Has a term of five years 5 The Seventh Amendment Act of ______(b) Has a term of six years authorised the Parliament to establish (c) Is a permanent house a common high court for two or more (d) Has a term of four years states. 9 The minimum age for the membership 6 The Chairman and Members of the of the Legislative Council is State Public Service Commission can be (a) 25 years (b) 21 years removed only by the ______. (c) 30 years (d) 35 years III. Match the following 10 The members of Legislative Council are (a) Elected by the Legislative Assembly 1. Governor - Head of the Government (b) Mostly nominated (c) Elected by local bodies, graduates, 2. Chief Minister - Head of the State teachers, Legislative Assembly etc. 3. Council of Ministers- Tribunals (d) Directly elected by the people 4. MLC - Responsible for 11 Which one of the following States does the Assembly not possess a bicameral legislature? 5. Armed forces - cannot vote for (a) Andhra Pradesh grants (b) Telangana (c) Tamil Nadu IV. Choose the correct (d) Uttar Pradesh statement 1. i) Only some States in India have Legislative 12 The High Courts in India were first Councils. started at ii) Some members of Legislative Councils are (a) Calcutta, Bombay, Madras nominated. (b) Delhi and Calcutta iii) Some members of Legislative Councils are directly elected by the people. (c) Delhi, Calcutta, Madras a) ii & iv are correct (d) Calcutta, Madras, Delhi b) iii & iv are correct 13 Which of the following States have a c) i & iv are correct common High Court? d) i, ii & iii are correct (a) Tamil Nadu and Andhra Pradesh (b) Kerala and Telangana

207 State Government

3 State Government(06.03.2019).indd 207 10-04-2019 10:01:21 2. Assertion (A): Th ere are limitations on the 3 Briefly discuss the Functions of the State Legislative authority of the State Legislature. Legislature. Reason (R): Certain bills on the State List 4 Critically examine the functions and can be introduced in the State Legislature powers of the Council of Ministers only with the President’s approval. 5 De scribe the powers and functions of a) (A) is false but R is true the High Court. b) (A) is true but (R) is false VII. Project and Activity c)Both (A) and (R) are true and (R) is the 1 Prepare a fl ow chart showing the State correct reason for (A) Government’s Administrative setup. d) Both (A) and (R) are true and (R) is not 2 Students to list out the names of the Tamil the correct reason for (A) Nadu Governor, Chief Minister, Ministers V. Answer the brief questions and the Governors and Chief Ministers of 1 How the state of Jammu and Kashmir the neighbouring States. diff er from the other states of India? 2 What is the importance of the Governor REFERENCE BOOKS of a state? 3 What are the qualifi cations for the 1. D.D. Basu - Introduction of the appointment of Governor? Constitution of India, S.C. Sarkar & 4 What is the original jurisdiction of the Sons (Private) Ltd, 1982. High Court? 2 Subhash Kashyap - Our Constitution, 5 What do you understand by the “Appellate National Book Trust, India, 2011. Jurisdiction” of the High Court? VI. Answer in detail 1 What are the powers and functions of the Chief Minister? 2 Describe the various powers and functions of the Governor.

ICT CORNER

Through this activity you will know about the official details and functions of various states of our country. Steps • Open the Browser and type the URL given below. • Click on any state of the Indian map to view the offi cial website of the state and its function. • For example, click on the Tamilnadu state. An additional tab will open in the browser where you can see the offi cial website of Tamilnadu. • Likewise you can view the details of the other states.

State Government 208

3 State Government(06.03.2019).indd 208 10-04-2019 10:01:22