Amendment To The Constitution

Method of Amendment
Indian Constitution provides three methods of amending the Constitution:

(1) Amendment by Special Majority: Under Article 368 of the Constitution, the general provision for the amendment of the Constitution can be initiated out by the introduction of a Bill in either House of Parliament. If the Bill is passed by a majority of total membership of the House and by a majority of not less than twothirds of the members present and voting in each House and thereafter assented to by the President, the Constitution stands amended.

(2) Amendments requiring Special Mfljority and Ratification by States: Changes in the Constitution with regard to the following matters can be made by the Parliament after the Bill has been passed by both the Houses of Parliament by a majority of total membership of each House and by a two thirds majority of the members present and voting in each House and having been ratified by not less than one-half of the States and assented to by the President:
(i) the manner of election of the President;
(ii) extent of executive powers of the Union and the States;
(iii) provisions relating to the Supreme Court and High Courts;
(iv) distributing of legislative powers between Union and the States;
(v) representation of States in Parliament; and
(vi) provisions for the amendment of the Constitution.
(3) Amendment by Simple Majority: A Bill in respect of any of the following subjects is treated as an ordinary· Bill, that is, it is passed by a simple majority of members present and voting:
(i) admission or establishment of new States, formation of new States, and alteration of areas, boundaries or names of existing States (Art. 4);
(ii) creation or abolition of Legislative Council in the States (Art. 169);
(iii) administration and control of Scheduled Areas (para 7 of the Fifth Schedule); and
(iv) administration of Tribal Areas in the States of Assam, Meghalaya. Tripura and Mizoram (para 21 of the Sixth Schedule). Though normal legislative procedure holds good so far as this class of amendments is concerned, certain conditions. however, do attach to the bills referred to in (i) and (ii) above, such as recommendation of the President for introduction of such Bills in Parliament and adoption of necessary resolution by concerned State Legislative Assembly, respectively.

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Attorney-General of lndia

Appointment
The Attorney-General of lndia is appointed by the President under Article 76 of the Constitution. A person qualified to be ajudge of the Supreme Court is appointed to such a post. He is the highest legal adviser to the Gevt. of India and is consulted in all important cases. He also appears in the Supreme Court on behalf of the Gevt. oeIndia to conduct important cases.

Functions: The main functions of the AGI are:
(i) to advise the Union Government in legal matters;
(ii) to perform such other legal duties, which may be assigned to him by the President;and
(iii) to discharge such other functions conferred on him by or under the Constitution or any other law for the time being in force.

Terms of Office:He holds office during the pleasure of the President and receives such remuneration as the President may determine. Rights: In pursuance of his duties, the Attorney-General has the right of audience in all courts in'the territory of India. He has also a right to speak or take part in proceedings in either House of Parliament or in the joint session of two Houses or any Committee of the Parliament. He cannot, however, vote.

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Union Public Service Commission

Constitution: The Union Public Service Commission consists of a Chairman and ~ other members appointed by the President and they hold office for a period of 6 years from the date of their appointment.

Functions': The following are the main functions of the V.P.S.C.:
(1) To conduct examinations for appointment to the Services of the Union.
(2) If requested by two or more States, to assist those States in framing and operating the scheme of joint recruitment for services for which candidates possessing special qualifications a re required.
(3) To serve all or any of the needs of a State witb the approval of the President if requested by the Governor of a State.

(4) To advise the Union Government on:
(i) all matters relating to methods of recruitment to civil services and for civil posts;
(ii) the principles to be followed in making appoin~ments to civil services and posts. and in making promotions and transfers from one service to another;
(iii) suitability of candidates for such appointments, promotions or transfers;

(iv) all disciplinary matters affecting a person serving under the Government of India, including memorials or petitions relating thereto; ,
(v) any claim for the reimbursement of expenses incurred by a Government servant in defending legal proceedings against him for acts done in the execution of his duties;
(vi) any claim. for the award of pension for injury sustained by a person while serving under the Govt. of India in a civil capacity; and
(vii) on any matter which the President may refer to the Commission.

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Zonal Councils

Zonal CQuncils have been estblished by the States Reorganisation Act, 1956 to advise on matters of common interest to ea~h of the five zone.s into which the territories of India. has. been divided· Northern, Southern, Eastern, Western and Central. These Zonal Councils do not owe their origin to the Constilution but to an Act of Parliament, having been introduced by the States Reorganisation Act, with a view to securing co-operation and co-ordination as between the Slates, t he Union Territories and the Union, particularly in respect of economic and social development. If properly worked these Councils would thus foster the "federal sentiment" by re sisting the separatist tendencies oflinguism and provincialism. The zones covered by these councils are as under:

(i) The Central Zone, comprising the States of Uttar Pradesh, Madhya Pradesh, Uttaranchal and Chhatlisgarh.
(ii) The Northern Zone, comprising the States of Haryana. Himachal Pradesh, Punjab, Rajasthan, Jammu & Kashmir and the Union Territories of Delhi and Chandigarh.
(ill) The Eastern Zone, comprising the States of Bihar, West Bengal, Orissa, Sikkim and Jharkhancl.
(iv) The Western Zone, .comprising the States of Gujarat, Maharashtra, Goa and the Union Territories of .Dadra & Nagar Haveli, Daman and Diu.
(v) The Southern Zone, comprising the States of Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, and the Union Territory of Pondicherry .
Besides these, there is the North Eastern Council set up in 1971, to deal with the common problems of Assam, Meghalaya, Manipur,
Nagaland, Tripura, Arunachal Pradesh and Mizoram.

Constitution: Each Zonal Council consists of the Chief Minister and two other Ministers of each of the States in the Zone and the Administrator in the case of a Union Territory. There is also provision for holding joint meetings of two or more Zonal Councils. The Union Home Minister has been nominated as the common Chairman of all the Zonal Councils.

Functions: The main functions of ZOnes) Councils are:

(a) to inquire into and advise upon disputes, which may arise among the States;
(b) to investigate and discuss subjects, in which some or all the States or Union and one or more States have common interest; and
(c) to make recommendations upon any such subj ect and, in particu lar, recommendations for better co-ordination of policy and action with respect to that subject.

Role: The Zonal Councils play multiplicity of roles in order to achieve
(i) an emotional integration of the people;
(ii) arresting the growth of acute state consciousness in the form of regionalism, linguism, etc.;
(Ui) enabling the Centre and the States in economic and social matters for evolving the uniform policies;
(iv) co-operating with each other in speedy and successful execution of developmental plans; and
(v) securing some kind of political equilibrium between different regions of the country.

Importance: The importance of the Zonai Councils lies in the fact, they help to further coordination and integration through extrac constitutional advisory organization, without undermining the autonomy of States, thereby fostering the "federal sentiment" by resisting the separatist tendencies of linguism and provincialism.

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Major Aspects of Indian Consttitution

STATE LEGISLATURE
In every State, the Legislature consists of the Governor and (a) in case of Bihar, Maharashtra, Karnataka, V.P. and Jammu & Kashmir two Houses, namely, Legislative Council and Legislative Assembly and (b) in other States one House, viz. , Legislative Assembly.

Legislative Assembly: It is a directly elected body on the basis of adult franchise. The total number of members of the Assembly shall in no case be more than 500 or less than 60. Its normal life is fiv(. years. A candidate for election to the Legislative Assembly ofa State should be (i) a citizen of India; (li) not less than 25 years of age; and (ill) not holding an office of profit under the Government.

Legislative Council: This is a permanent body. One·third of its members l'etire every second year. Its total members should not exceed one·third of the members of State Legislative Assembly. Its minimum strength is 40. Only U.p.., Bihar, Maharashtra, Karnataka and Jammu & Kashmir have Legislative Councils.


FINANCE COMMISSION

Constitution: Under Art. 280 of the Constitution, provision has been made for the Constitution of a Finance Commission within 2 years of the commencement of the Gonstitution and thereafter after expiration of every fifth year. It consists of a chairman and four other members appointed by the President.

Functions: It is the duty of the Commission to make recommendations to the President as to:
(i) the distribution between the Union and the States, the net proceeds of taxes, which are divisible between the Union and the States;
(ii) the principles, which should govern the 241 UGC-JRF (Paper I}-31 grant-in-aid of revenues to the States out of the Consolidated Funds of India;
(iii) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
(iv) the measures needed to augment the Consolidated Fund of a State to supplement the resources of Municipalities in the State on the basis of
the Finance Commission of the State; and

(v) any other matter referred to the Commission by the President in the interest of sound Finance.

Report: The President shall cause the report of the Financ;e Commission with an explanatory memorandum as to the action taken thereon, to
be laid before each House of Parliament.

ALL-INDIA SERVICES
Under Art. 312 of the Constitution, if the Rajya Sabha declared by resolution supported by not less than two-third of the members present and voting, that it is necessary or expedient to create an All-India Service, common to the Union and the States, Parliament may by law create such a service and regulate the recruitment and conditions of service of person appointed to any such service. The Indian Administrative Service and Indian Police Service, which were in existence at the commencement of Constitution, are deemed to be All-India Services created by the Parliament. The All-India Services Act was passed by Parliament and detailed rules and regulations under the Act have since been promulgated. The recruitment to All-India Services, namely. LA.S., I.F.S ., I.P.8., etc., is made by the U.P.S.C. on the basis of a competitive examination supplemented by viva-voce test. The conditions of service of persons appointed to those services have since been regulated by an act of Parliament.

ELECTION COMMISSION
Composition: It is a statutory body appointed under Article 324 of the Constitution. It consists of a Chief Election Commissioner and two other Election Commissioners. The Chief Election Commissioner is the Chairman of the Commission.

Functions: The main functions of the Election Commission are:
(i) to superintend, direct and control the preparation of electoral rolls for the elections;
(ii) to conduct all elections and by-elections to the Parliament and State Legislatures and elections to the offices of President and
Vice-President;
(iii) to advise the President! Governors regarding the disqualification of Members 243 of Parliament or Members of State Legislatures; and
(iv) to examine the return of expenses filed by the candidates nominated to various elections, disqualify the defaulting candidates and their election agents and consider the representation of such of them as apply for the removal of their disqualification.

LANGUAGE
The official language of the Union is Hindi in Devnagari script and international form of Indian numerals is used for official purposes. For a period of fifteen years from the commencement of the Constitution, English was to continue for official purposes of the Union. If at the end of 15 years, Hindi was not able to replace English, Parliament could provide for the use of English for specific purposes. The Constitution also lays down that the legislature of a State may, by law, adopt any one or more of the languages for use in the State, but Hindi is to be used for all official purposes of the Uni9n. The need for use of English in the proceedings of the Supreme Court, High Courts, etc., and in bills and enactments has been recognized. The Official Language Act of 1967 has provIded for the use of English indefinitely. It has been provided that the Centre will carry on the correspondence with non-Hindi-speaking States in English and witlJ, the Hindi-speaking States in Hindi.

REGIONAL LANGUAGES
According to the Eighth Schedule of the Indian Constitution, the following 18 languages have been recognized as regional languages: (i) Assamese; (ii) Bengali; (iii) Gujarati; (iv) Hindi; (v) Kannada; (vi) Kashmiri; (vii) Malayalam; (viii) Marathi; (ix) Oriya; (x) Punjabi; (xi) Sanskrit; (xii) Sindhi; (xiii) Tamil; (xiv) Telugu; (xv) Urdu; (xvi) Gorkhali; (xvii) Manipuri; and (xviii) Konkani. The last three languages were intro:luced in the Constitution (71stAmendment) Bill, 1992.

NATIONAL FLAG
The National Flag of India consists of three horizontal bands - saffron, white and dark green with the Asoka Wheel (having 24 spokes) in dark blue colour in the centre of the white band; all strips being equ~l in width. It ~ is rectangular in shape, the ratio of the length to breadth being 3:2. The emblem of the flag is an exact reproduction of the Dharma Chaki'a on the capitol of Asoka's pillar at Sarnath. Symbolic Representation: According to Dr. S. Radhakrishnan, the saffron colour represents the spirit of renunciation, the white stands for truth and peace, and green signifies growth.

NATIONAL EMBLEM
The emblem of the Government of India is a reproduction of the Asaka's Pillar at Sarnath. It shows three standing lions at a base having a Dharma Chakra in the centre, a bull on the right and a horse to the left. The words "Satyameva Jayate" , taken from Mundaka Upanishad, meaning ''Truth Alone Triumphs", are inscribed in Devnagari at the bottom.

74TH CONSTITUTIONAL AMENDMENT PANCHAYATI RAJ (1992)
It was also passed by Parliament in Dec. 1992 in order to activate Municipalities and to confer them statutory status. It provides for
(i) constitution of three types of municipalities.
(ii) Reservation of seats in every municipality for the Scheduled Castes, the Scheduled Tribes, Women and backward classes;
(iii) Devolution of powers and responsibilities upon the municipalities with respect to preparation of plan for economic development, levy of taxes and duties, and review of finances of the municipalities; and
(iv) Conducting election to the local bodies by an independent State Election Commission.

NATIONAL LITERACY MISSION (NLM)
It was launched in 1988. It aims at attaining functional literacy for 100 million persons in the age-group of 15-35 (including age-group 9·14 . were Non·Formal education is not in operation) in a time·bound manner. The most important development has taken place Wlder NLM is the near ascending of campaign made in adult education programme in the country.

MINORITIES COMMISSION
Status: It was set up as a statutory Commission for Minorities in 1992.
Composition: It consists of a Chairman and six other members.
Functions: Its main functions are
(1) evaluation of the working of various safeguards for the minorities provided in the Constitution;
(ii) making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or State Governments;
(iii) reviewing of implementation of policies pursued by the Un ion and State Governments;
(iv) looking into specific complaints regarding deprivation of rights and safeguards;
(v) making surveys and research;
(vi) suggesting appropriate and legal welfare measures in respect of any minority requiring special protection;
(vii) making periodic or special reports to the Central Government on any matter pertaining to t he minorities and in particular difficulties confronted by them;and
(viii) making recommendations regarding any other matter referred to it by the Central Government.
Habeas Corpus: Habeas Corpus is a writ provided in the Constitution. It gives facilities to the prisoners for obtaining speedy trial or release on bail.

 

Ombudsman: Ombudsman, a Swedish Jprd, stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action". Although appointed by the legislature, t he office of Ombudsman is a constitutional post and the incumbent is politically independent of the legislature. Created for the redressal of citizen's grievances, the institution of·Qmbudsman is typically Scandinavian.

Writ of Mandamus: Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act. which falls within its duty. It is issued to secure the performance of public duties and to enforce private rights withheld by the public authorities. This writ cannot be claimed as a matter of right. I t is the discretionary power of a court to issue such writs.

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Between The Union And The States

DISTRIBUTION OF LEGISLATIVE POWERS BETWEEN THE UNION AND THE STATES
The Constitution of India makes a division of legislative powers between the Union and the States under Seventh Schedule. The Union Parliament has powers to make laws for the whole or any part of the territory of India, while the Legislature of a State can make laws for the State concerned. Also, like the Government of India Act, 1935, there is three· fold distribution of powers between the Union and the States:

(1) Union List: It includes 99 subjects ovel' which the Union Parliament has exclusive power of Legislation such as Defence, Foreign Affairs, Banking, Currency, etc.

(2) State List: It comprises 61 items over which the State Legislatures have exclusive powers of Legislation, e.g., Health, Agriculture, etc.

(3) Concurrent List: It comprises 52 items in which the Union and the State Legislatures both can make laws, e.g., criminal law and procedure, marriages, economic planning, education, etc.

(4) Residuary Powers: According to Art. 248 of the Constitution, the residuary powers are vested in the Union Legislature, Le., the Parliament have the exclusive right to make any law with regard to any matter not specified in the Concurrent or State List.

Conflict of Jurisdiction: In case of the overlapping of a matter as between the lists, predominance has been given to the Union Legislature. Thus, in the case of repugnancy between a law of the State and a valid Union law, the latter will prevail and the law made by the State to the extent of repugnancy shall he void. If, however, the legislation relates to a concurrent subject, the State legislation may prevail, notwithstanding any repugnancy, if the State law had been reserved for the President and received his assent.

ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND THE STATES
The Union Government have the power to give directions to the Slate Governments as regards exercise of their executive r"wers in respect of the following matters:
(A) Normal Time Directions
(1) To ensure compliance with Union laws and existing laws which apply in that State. [Art. 257J
(2) To ensure that the exercise of executive powers of State do not interfere with the executive powers of the Union.[Art. 257(I)J
(3) To ensure maintenance construction of the means and of communication of national or military importance by the state. [Art. 257(2)]

(4) To ensure ,protection of railways within the State. [Art. 257(3)J

(5) To ensure drawing and execution of schemes specified in the dirt:ctions to be essential for the welfare of the Scheduled Tribes in the State. [Art. 339(2)J

(6) To ensure the provisions of adequate facilities for instruction in the mothertongue at the primary stage of education to children belonging to the linguistic minorities. [Art. 350-AJ

(7) To ensure the_ development of Hindi language. [Art. 351]

(8) During Emergency
(1) During a proclamation of Emergency, the Union Government is empowered to give directions to any State as to the manner in which the executive power of the State is to be exercised. [Art.353(a)]
(2) During a proclamation of failure of constitutional machinery in a State, the President may assume to himself all or any of the executive powers of the State. (Art.35G(I)
(3) During the proclamation of Financial Emergency, the executive authority of the Union extends to the giving of directions to any State:
(i) to observe such canons of financial ~ropriety as may be specified in the directions;
(li) to red uce t he salaries and allowances of all or any class of persons serving in connection with the affairs of State or Union including Judges of Supreme Court and High Courts; and
(iii) to require that all Money Bills and other financial Bills be reserved :Cor consideration by the Preside.nt when passed by the State
Legislature. [Art. 30(4)]
Sanction for Ensuring Compliance with Directives Article 35 of the Constitution provides that in case of non-compliance of directives given to
a State by the Union, it shall be lawful for the President to declare that a situation has arisen in which the Government of the State cannot be
carried in accordance with the provisions of the Constitution. On such a declaration being made, the provisions of Art. 356 regarding
failure of constitutional machinery will come into operation and t he President will assume to himself all or any of the executive powers and
thereby have the violated directives carried out.

FINANCIAL RELATIONS BETWEEN  THE UNION AND THE STATES
Ideally speaking, the best system of federal finance would be one which effected a clear-cut division of sources of the revenue between the Federal and the State Governments so as to make each of the parties financially independent of each other. Indian Constitution make elaborate provisions regarding the distribution of revenues between the Centre and the States. The financial relations between the Union and the States can be studied under the following heads:

(1) Duties levied by the Union but Collected and Appropriated by the States: Stamp duties and duties of excise on the medical and toilet preparations are levied by the Government of India, but collected and appropriated by the States within which such duties are leviable except in the Union Territories where they are coll~cted by the Union Government. [Art. 268]

(2) Taxes Levied and Collected by the Union but Assigned to the States within which they a,re Leviable:

(i) Succession duty in respect of property other than agriculture land;

(ii) Estate duty in respect of property other than agricultural land;

(ill) Terminal taxes on goods or passengers carried by railways, sea or air;

(iv) Taxes on railway fares and freights ;

(v) Taxes on transactions in stock exchanges;

(vi) Taxes on sale and purchase of newspapers, including advertisements published therein;

(vii) Taxes on the sale and purchase of goods other than newspapers, where such purchase takes place in the cow·se of inter-state trade or commerce. [Art. 269]

(3) Taxes Levied and collected by the Union and distributed between the Union and the States: Certain taxes are levied as well as collected by the Union, but their proceeds are divided between the Union and the States in a certain proportion in order to effect an equitable distribution of the financial resources. There are:

(a) taxes on income other than agricultural income; and

(b) excise duties as are included in the Union List, excepting medicinal and toilet prepara.tions.

(4) Surcharge: The Parliament is, however, authorized to levy surcharge on the taxes mentioned at (2) above and on income-tax for the purpose of the Union.

(5) Grants-in-Aid: Parliament may make grants-in-aid from the Consolidated Fund of India to such States as are in need of assistance, particularly for the promotion of welfare of tribal areas, including special grant to Assam.

(6) Loans: The Union Government may make loan to any State or give guarantees with respect to loans raised by any States.

(7) Previous Sanction of the President: No Bill or amendment can be introduc:ed or moved in either House of Parliament without" the previous sanction of the President, if:

(a) it imposes or varies any tax in which the States are interested; or
(b) it varies the meaning of the expression "Agricultural Income" as defined in the Indian lncome-Tax Act; or
(c) it affects the principles on which money are distributed to the States; or
(d) it imposes a surcharge on the State taxes for the purpose of the Union.
8) According to Article 301, freedom oftrade, commerce and intercourse throughout the territory of India is guaranteed, but the Parliament has the power to impose restrictions in public interest.

(9) Although taxes on income, other than agricultural income, are levied by the Union, yet the State Legislatures can levy taxes on profession, trade, etc., provided that the total amount of such taxes payable in respect of anyone person should not exceed Rs. 2500 per month.

(10) Provision has been made for the constitution of a Finance Commission to recommend to the President certain measures for the distribution of financial resources between the Union and the States.

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Comptroller And Auditor General

Functions: The comptroller and AuditorGneral of India is appointed by the President. His main function are :
(i) to bring account of the recipes and expenditure of the Union Government (except Railways, Defence Services and other ministries, the accounts of which are maintained by · the departmental authorities);

(ii) to audit all expenditure from the revenues of the Union and States; and (ill) to audit all trading manufacturing and Profit and Loss Accounts of stores and stocks, where the President may have required him to conduct such audit.

Independence of Audit: The independence of the Comptroller and Auditor-General has been sought to be ensured by the following provisions of the Constitution:

(1) Though appointed by the President, the Comptr oller and Auditor-General of India can be removed from his office only after an address of each House of Parliament, supported by a majority of total membership of that House and not less than 213 of the members of the House present and voting, has been presented to the President on the grounds of (i) proved misbehaviour and (ii) incapacity.
(2) The salary and the conditions of service of the Comptroller and Auditor-General of India cannot be varied to his disadvantage after his appointment.
(3) He is not eligible for further appointment after his retirement, so that he may have no inducement to please the Executive of
the Union or any State.
(4) The salaries, etc., of the Comptroller and Auditor-General and his staff are charged upon the Consolidated Fund of India and
are thus non-votable.
(5) The reports of the Comptroller and AuditorGeneral relating to Accounts are submitted to the President who causes them to be laid
before the Parliamene

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The Governor

Appointment:

The Governor of a State isappointt:d by the President. Only a citizen ofIndia, who hAS completed 35 years of age, is eligible for appointment 88 a Governor. He need not be a resident oCthat State for appointment as Governor. He holds office during the pleasure~fthe President. Subject to this, he holds officefor a period of five years. He receives a salary ofRs. 36,000 per month, and is entitled to certain other allowances and privileges.

Powers of a Governor:
(a) Legislative Powers: He summons, fixesthe time and place for the meeting of the Legislature. He addresses the meeting of the Legislature at the commencement of session once in a year, He can send messages to the State Legislature. Every ~Bill passed by the Legislature must have his assent. He has the power to promulgate an ordinance, whenever the legislature is not in session.

(b) Executive Powers: He appoints Chief Minister of the State and the other Ministers on the advice of the ChiefMinister, He also appoints the Chairmanand members of the State Public Service Commission. He acts ss the agent of theCentre during an emergency.

(c) Financial Powers: No Money Bill can be introduced in the Legislative Assembly ofthe State except on the Governor's recommendation. The State Contingency Fund is at his disposal and he can make advaoces out of it to meet unforeseen expenditure pending its authorization bythe State Legislature.

(d) Judicial Powers: He haa the power togrand pardons, and suspend, remit or commute sentences where the offence is under a low relating to matters within theexecutive competence ofthe State.

(e) Discretionary Powers:
(i) He detcrm.ines whether the Government of a State can or cannot be carried on in accordance With the provisions of the Constitution.lfhe feels that it cannot be SO carried on, he can make a report to the President under Art. 356(1).

(ii) If after the general elections, no single party is able to secure a clear majority or post-election splits reduce the majority to a minority, the Governor can use his owo disrretion to determine which party has the best chances of forming a stable government.

(iii) In case the Governor comes to conclusion that none of the parties represented in the legislature is in a position to form a stable government he can in his discretion dissolve the legislature and order fresh elections.

(iv) The Governor can reserve a bill or bills passed by the State Legislature for consideration of the President.

Role of Governor: Ordinarily, the Governor has to act according to the wishes of the Council of Ministers. No other role can fit in well in a Parliamentary set up. It is only in the exercise of discretionary powers when he may ignore the wishes of the Ministers. Apart from the role of Governor as a Constitutional head of the State, the Constitution certainly visualizes another role on his part when he acta 88 the agent of the Centre. Itis only, when so doing that the use of discretionary powers become relevant. When the administration of State is not carried on in accordance with th~ provisions of the Constitution, he is to report to the Centre, During President's Rule, be runs the administration directly with the help of the Advisers appointed by the Central Government

STATE COUNCIL OF MINISTERS
The Constitution provides for a Council of Ministers, with a Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. The Governor appoints the Chief Minist.er and his Ministers. UsuaUy, all the Ministers must be members of the Legislature ofthe State but sometimes even a non· member may be appointed a Minister. In that case, he cannot retain his office for more than six months without being a member of the Legislature of the State. The Council of Ministers is collectively responsible to the Legislative Assembly of the State.

 

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High Court

Appointment of Judges:

Ajudge of the HighCourt is appointed by the President by warrantunder his hand and seal after consultation withthe Chief Justice ofIndia, the Governor of theState, and in the case of appointment of a judgeother than Chief Justice, the Chief Justice ofthe High Court concerned. Provision has alsobeen made for the attendance of the retiredjudges at sittings of the High Courts.Qualifications: A pErson cannot be appointeda judge of a High Court unless:
(i) he is a citizen of India;
(ij) has for at least ten years held a judicialoffice in the territory of India; and
(iii) has for at least ten years been the advocate of a High Court or of two or more such Courts in succession.

Conditions of Services: A judge of a HighCourt holds office until he attains the age of 62years. He may be removed from his office in the same manner in which a judge of the Supreme Court is removed (discllssed earlier). Every judge is entitled to such allowances and to such rights in respect oC leave and pension as may from time to time be determined by the Parliamentary enactment. His allowances and other rights are not to be varied to his disadvantage after the appointment.

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Supreme Court

Appointment of judges

Every judge of the Supreme Court is appointed by the President by warrant under his band and sea l after consultation with such Judges of the Supreme Court and of the High Courts a6 the president may deem necessary for the purpose. In case of appoint.ment of a judge, other than chief Justice, t.he Chief Justice of India is to be necc'3sanly consulted. A Judge of the Supreme Court remains in office until he attains the age of65 years. No person can be appointed a Judge of the Supreme Court unless

(i) he is a citizen of India,
(ii) has been for at. least five years a Judge of High Court or has been for at least ten years an advocate of a High Court or two or more courts in succession,
(iii) is in the opinionof the President a distinguished jurist.

Privileges of Judges

A Judge of the Supreme Court is entilled to such salaries as are specified in the Second Schedule. Every Judge of the Supreme Comt is entitled to the use of an official residence without rent. Also, every judge is entitled to such privileges and allowances and to such rights.in respect of leave of absence and pension as may, from time to time , be determined by the Parliament.

Removal of Judges: Judge of the Supreme Court can only be removed from office by an order of the President, Parliament, supported by a majority of not less than two-thirds of the members of that house present and voting. Has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. The parliament has been empowered to regul,ate the procedure for the presentation ofan address and for the investigation and proof of the misbehavior or incapacity of a Judge under Article 124.

Composition: The Supreme Court is the highest court of justice in fndia. ft consists of one chief justice and 25 other judges. There is provision for the appointment of ad hoc judgea and even the retired judges may be at times. when the neceSSlty arises, requested to be present.

Powers and Functions: The Supreme Courtis a court of recol'd and exercises all the powers of such a court, including th~ power to punishfor the contempt of itself. Ita malO functionsmay be studied under the following heads:

Original Jurisdiction: The Supreme Court has exclusive jurisdiction in aUdisputes-
(a) between the Government of India andone or more States;
(b) between the Government of India andany State or States on the other; and
(e) between two or more States.Such jurisdiction, however, does not extend to a dispute al'ising out of any treaty, agreement, coven a nt , engagement or sanad or any similar instrument which was executed before the commencement of the Constitution.

(2) Appellate Jurisdiction in Civil Cases: An appeal to the Supreme Court lies from any judgement, decree or final orders of a High court or, a certificate from a high court concerned that the case involves a substantial question as to the interpretation of the Constitution.

(3) Jurisdiction in criminal Cases: In criminal cases an appeal lies to the Suprema Court if the High Court
(i) has given any decree or final order inthe case;
(li) has withdrawn for trial before it self any case from any court subordinate to its authority a nd ha s in s uch trial sentenced the accused to death; or (iii) certifies that the case is a fit one forappeal to the Supreme Court.

(4) Advisory Jurisdiction: The President may refer to the Supreme Court any question of law or fa ct of s ufficient importance for its opinion. The President may also refer to the court disputes arising out of any provision of treaty, agreement, co.-ensnt, engagement or sanad, etc. The opinion 80 expressed is not binding on the President.

(5) Enforcement of Fundamental Rights: The Supreme Court has been armed with powers to issue directions or orders or writs in the nature of habeas corpus, mandam us, prohibition, quo warranto and certiorari for the enforcement of the Fundamental Rights conferred by the Constitution.

6) Additional Jurisdiction: Article 138 of the Constitution provides for enlargement of the jurisdiction of the Supreme Court by Parliament with reference to any matter contained in the Union List. It has also jurisdiction on any such matter as the Government ofIndia and the Government of any State may, by agreement, confer. But the Parliament has to give effect to this agreement by passing a law.
(7) Power to Review: The Supreme Court has power to review sny judgement or order made by it, subject to any law passed by the Parliament in this regard.
(8) Supplementary Powers: Parliament may by law confer such supplemental powers on the Supreme Court ss may appear to be necessarY and desirable for the due discharge of its functions.

Guardian of the Constitution:It is clearfrom the powers and functions of the SupremeCourt that it is the ultimate interpreter of theConstitution and, as such, its guardian. Theauthority of the Court is further re-inforced bythe provision that "the law declared by theSupreme Court shall be binding on all courtswithin the territory of India" (Art. 141).Further, in the exercise of its jurisdiction, thecourt is authorized to pass appropriate decreesor orders in the interests of complete justice inany case before it.

Independence of Judiciary:
The independence and impartiality of the Supreme Court is the corner-stone of democracy. Justice is said to be blind and this must be so, especially in a democracy which professes all its citizens to be equal before law. Our Constitution ensures the independence of the Judiciary through the following measures:

(1) Though appointed by the President~ ajudge ofthe Supreme Court can only be removed a fter an address of each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than 2/3 of the members present and voting and presented to the President on the ground of proved misbehaviour or incapacity.

(2) The salary and the conditions of service of a judge of the Supreme Court cannot be varied to his disadvantage after his appointment.

(3) After retirement, a judge of the Supreme Court cannot plead or act in any other Court or before any authority within the territory ofIndia.

(4) The salaries. etc., of the judges and administrative expenses of the Supreme Court are chargeable on the Consolidated Fund of India and are, therefore, not votable.

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