UNIT 3

Union Executive – President, Prime minister, Parliament & Supreme Court of India.
State Executive – Governors, Chief Minister, and State Legislature & High Court –
Federal structure.

Who is President of India?

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

How is the President elected?

o The Indian President is elected through an Electoral College system,

wherein the votes are cast by national and State-level lawmakers.
o The elections are conducted and overseen by the Election Commission of India
• The Electoral College is made up of all the elected members of
the Upper & Lower house of Parliament (Rajya Sabha and Lok Sabha
MPs), and the elected Members of Legislative Assemblies of States and
Union Territories (MLAs).
o Related Constitutional Provisions:
• Article 54: Election of President
• Article 55: Manner of election of President.
• Article 56 :Term of office of President
• Article 57: Eligibility for re-election.
• Article 58: Qualifications for election as President

Note:

• The value of the vote of an MLA is given below:

• The value of the vote of an MP is given below:

Who does not take part in the President’s elections?

The following group of people is not involved in electing the President of India:

1. Nominated Members of Rajya sabha

2. Nominated Members of State Legislative Assemblies
3. Members of Legislative Councils (Both elected and nominated) in bicameral
legislatures

What is the term of the President’s office?

Once President is elected, he holds office for Five years. He sits in the office even after
the completion of five years given no new election has taken place or no new President
has been elected till then. He can also be re-elected.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as the president. Those

qualifications of the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state
government, or any public authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member
of either of the house, he should vacate the seat on his first day as President in
the office
2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without the payment of
rent
4. Parliament decides his emoluments, allowances and privileges
 5. Parliament cannot diminish his emoluments and allowances during his term of
office
6. He is given immunity from any criminal proceedings, even in respect of his
personal acts
7. Arrest or imprisonment of the President cannot take place. Only civil proceedings
can be initiated for his personal acts that too after giving two months’ of prior
notice.

What is the procedure for impeachment of a President?

The only condition for the initiation of impeachment of the Indian president is the
‘violation of the constitution.’

Note: Indian Constitution contains no definition of ‘violation of the constitution.’

The impeachment process of President is given below. (We have taken Lok Sabha as the
first house to initiate the impeachment charges, however, Rajya Sabha too can initiate
the impeachment charges against President and in that case, it will pass the resolution
and send the charges to Lok Sabha which will investigate and pass it if it finds those
charges valid.)
Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1. When the President of India completes his term of five years in the office
2. If the President resigns by putting forward his resignation to the Vice – President
of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid,
he is removed
4. If he dies in the office
5. If the Supreme Court declares his election invalid

What are the powers and functions of the President of India?

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in his
name
2. He may/may not make rules to simplify the transaction of business of the central
government
3. He appoints the attorney general of India and determines his remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India(CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of ministers, any
matter on which a decision has been taken by a minister but, which has not been
considered by the council
7. He appoints National Commissions of:
1. Scheduled Castes
2. Scheduled Tribes
3. Other Backward Classes
8. He appoints inter-state council
9. He appoints administrators of union territories
10. He can declare any area as a scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas

Legislative Powers of President

 1. He summons or prorogues Parliament and dissolve the Lok Sabha
2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
3. He addresses the Indian Parliament at the commencement of the first session
after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant.
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian
Community
7. He consults the Election Commission of India on questions of disqualifications of
MPs.
8. He recommends/ permits the introduction of certain types of bills.
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advice from the Supreme Court, however, the advice is not binding on
him
3. He has pardoning power: Under article 72, he has been conferred with power to
grant pardon against punishment for an offence against union law, punishment
by a martial court, or death sentence.
Note: Pardoning powers of the president includes the following types:

• Pardon with the grant of pardon convicts both conviction and sentence
completely absolved
• Commutation with this nature of the punishment of the convict can be changed
• Remission reduces the term of the imprisonment
• Respite awards lesser punishment than original punishment by looking at the
special condition of a convict
• Reprieve stays the execution of the awarded sentence for a temporary period
 Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the all defense forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

What is the Ordinance Making Power of the President?

Article 123 deals with the ordinance making power of the President. The President has
many legislative powers and this power is one of them. He promulgates an ordinance on
the recommendation of the union cabinet. To read more on Ordinance Making Power of
the President check the linked article.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and before the
bill becomes an act, it has to be presented to the Indian President for his approval. It is
on the President of India to either reject the bill, return the bill or withhold his assent
to the bill. The choice of the President over the bill is called his veto power. The Veto
Power of the President of India is guided by Article 111 of the Indian Constitution.

Prime minister

A Prime Minister is the head of government in India's political setup. He is the de facto
head of state.
 • The Prime Minister is appointed by the President of India and is the leader of the
party or coalition that holds the majority of seats in the Lok Sabha, the lower
house of India's parliament.
• The Prime Minister is responsible for the administration of the government and
serves as the chief spokesperson for the government's policies.
• Under Article 75, the Council of Ministers shall be appointed by the President
on the advice of the Prime Minister.
• Also, Article 74(1) states that there shall be a Council of Ministers with a Prime
Minister at the head to aid and advice the President. Thus, other ministers work
under the direction of the Prime Minister.

Hence, in the parliamentary system of India, the role of the Prime Minister has become
so significant and crucial that the form of government in India is called a ‘Prime
Ministerial Government’.

What are the constitutional provisions pertaining to the office of the Prime
Minister of India?

Article Description
Article The President shall appoint the Prime Minister who, in his opinion,
75(1) commands the confidence of the majority of the members of the lok Sabha
Article The Prime Minister shall be appointed by the President and the other
75(1) Ministers shall be appointed by the President on the advice of the Prime
Minister
Article The Prime Minister shall be the head of the Council of Ministers
75(1)
Article The Council of Ministers shall be collectively responsible to the Lok Sabha
75(3)
Article The Prime Minister can be removed from office by a vote of no confidence
75(2) passed by a majority of the members of the Lok Sabha, or if he resigns from
office.
Article The Prime Minister holds office during the pleasure of the President but must
75(3) have the support of a majority of the Lok Sabha.
Article Must be a citizen of India and a member of either the Lok Sabha or the Rajya
84(2) Sabha.
Appointment of the Prime Minister

The Constitution does not specify a particular process for selecting and appointing a
Prime Minister.

• According to Article 75, the Prime Minister is appointed by the President.

However, this does not mean the President can choose any person as Prime
Minister.
• In line with the conventions of a parliamentary government system, the President
typically appoints the leader of the majority party in the Lok Sabha as Prime
Minister.
 • When no party holds a clear majority in the Lok Sabha, the President may use
their discretion in selecting and appointing the Prime Minister.
• In such cases, the President usually chooses the leader of the largest party or
coalition in the Lok Sabha as Prime Minister and requests that they obtain a vote
of confidence from the House within a month.

Oath, Term, and Salary

• Oath: Before assuming the office of the Prime Minister, the President administers
oaths of office and secrecy to the Prime Minister-Elect. As part of the oath of
office, the Prime Minister takes an oath
o to bear true faith and allegiance to the Constitution of India,
o to uphold the sovereignty and integrity of India,
o to faithfully and conscientiously discharge the duties of his office, and
o to do right to all manner of people in accordance with the Constitution and
the law, without fear or favour, affection or ill will.
• Term: The duration of the Prime Minister's term is not fixed, and they hold the
position at the pleasure of the President. However, this does not mean the
President can remove the Prime Minister at anytime.
o As long as the Prime Minister maintains majority support in the Lok
Sabha, He/She cannot be dismissed by the President. But, if he/she loses
the confidence of the Lok Sabha, he/she must resign, or the President may
dismiss him/her.
• Salary: The Prime Minister's salary and benefits are periodically set by
the parliament and include the compensation and perks given to a member of
Parliament, as well as additional perks such as a sumptuary allowance, free
housing, travel allowances, and access to medical facilities.

What are the powers of the Prime Minister of India?

The powers of the Prime Minister of India can be broadly categorized into the following:

• Executive powers: The Prime Minister is the head of the Union Council of
Ministers and is responsible for the administration of the government. He
presides over cabinet meetings and coordinates the activities of the various
ministries and departments.
• Legislative powers: The Prime Minister is a member of the Lok Sabha or the
Rajya Sabha and can participate in the proceedings of either house. He advises
the President on the summoning and prorogation of the parliament sessions and
dissolution of Lok Sabha.
• Diplomatic powers: The Prime Minister represents India in the international
arena and conducts negotiations with foreign countries. He also receives foreign
diplomats and dignitaries on behalf of the President.
• Emergency powers: In times of national emergency, the Prime Minister advises
the President on the measures to be taken to protect the security of India.
• Appointment powers: The Prime Minister (and the Council of Ministers) advises
the President with respect to the appointments to the higher judiciary and key
administrative posts such as the Governors, the Chief Election Commissioner,
the Comptroller and Auditor General of India, and the Attorney general Of India.
 • Financial powers: The Prime Minister is responsible for the overall economic and
financial management of the country. His/her government presents the annual
budget to the parliament and ensures it is passed.

What are the functions and responsibilities of the Prime Minister of India?

The Prime Minister is the head of the Union Council of Ministers, the head of the
Government of India, and is responsible for the administration of the government. He
presides over cabinet meetings and coordinates the activities of the various ministries
and departments.

Relating to the Council of Ministers(CoM)

As head of the Union council of ministers, the Prime Minister holds the functions and
responsibilities:

• Recommending individuals for appointment as ministers by the President,

who can only appoint those recommended by the Prime Minister.
• Assigning and reassigning portfolios among ministers.
• Asking for a minister's resignation or advising the President to dismiss them
in case of conflicting opinions.
• Presiding over meetings of the council of ministers and influencing its
decisions.
• Guide, direct, control, and coordinate the activities of all ministers.
• Bringing about the collapse of the council of ministers by resigning from
office.

Relating to the President

The Prime Minister serves as the primary means of communication between the
President and the council of ministers.

• It is the Prime Minister's responsibility to inform the President of all

decisions made by the council of ministers regarding the administration of Union
affairs and legislative proposals.
• The Prime Minister provides guidance to the President in regard to the
appointment of key officials such as the Attorney general of India,
the Comptroller and Auditor General of India, the chairman and members of the
Union Public Service Commission (UPSC), Election Commissioners, the chairman
and members of the Finance Commission, among others.

Relating to the Parliament

As the leader of the Lok Sabha, the Prime Minister holds the following functions and
responsibilities:

• Advising the President on summoning and prorogation of the sessions of

Parliament.
 • Recommending the dissolution of the Lok Sabha to the President at any time.
• Announcing government policies in the House.

Other functions and responsibilities

In addition to the three primary roles given above, the Prime Minister also has several
other functions and responsibilities, including

• Chairman of the various bodies like- NITI Ayog(which succeeded the planning
commission), National Integration Council, Inter-State Council, National Water
Resources Council, and other related bodies.
• Shaping the country's foreign policy.
• Chief spokesperson for the Union government.
• Chief crisis manager at the political level during emergencies.
• Meeting various groups of people in different states and receiving a memorandum
from them regarding their issues as a leader of the nation.
• Leader of the party in power.
• Political head of the services.

What is the function of the PMO(Prime Minister’s Office)?

In India, the Prime Minister's Office (PMO) is the administrative body that assists the
Prime Minister in managing the Government of India and exercising his/her
constitutional, executive, and administrative functions.

• PMO is responsible for coordinating the functioning of various departments

and ministries of the Government of India and advising the Prime Minister on a
wide range of policy and administrative matters.
• The PMO is headed by the Principal Secretary to the Prime Minister and
comprises several other senior officials who assist the Prime Minister in his/her
duties.

Some departments and bodies working under the purview of the PMO
• Department of Atomic Energy (DAE)
• Department of Space (DoS)

o National Security Council (NSC)

LOK SABHA

▪ Lok Sabha (The House of the People):

o About: It is the Lower House (First Chamber or Popular House and it

represents the people of India as a whole.
o Composition: The maximum strength of the Lok Sabha is fixed at 550 out of
which 530 members are to be the representatives of the states and 20 of the
UTs.

• Earlier, the President also nominated two members from the Anglo-
Indian community, but by the 104th Amendment act, ceases this
provisions.
o Election of Representatives: The representatives of states are directly
elected by the people from the territorial constituencies in the states.

• By the Union Territories (Direct Election to the House of the People)

Act, 1965, the members of Lok Sabha from the UTs are chosen by direct
election.
o Functions: One of the most important functions of the Lok Sabha is to select
the executive, a group of persons who work together to implement the laws
made by the Parliament.

• This executive is often what we have in mind when we use the term
government.
o Powers:

• Decisions in Joint Sitting: Any ordinary law needs to be passed by both

the Houses.

• However, in case of any difference between the two Houses, the final
decision is taken by calling a joint session of both the Houses.
• Due to a larger strength, the view of the Lok Sabha is likely to
prevail in such a meeting.
• Power in Money Matters: Lok Sabha exercises more powers in money
matters. Once the Lok Sabha passes the budget of the government or
any other money related law, the Rajya Sabha cannot reject it.

• The Rajya Sabha can only delay it by 14 days or suggest changes in

it, however, the former may or may not accept these changes.
• Power over Council of Ministers: The Lok Sabha controls the Council
of Ministers.

• If the majority of the Lok Sabha members say they have ‘no
confidence’ in the Council of Ministers, all ministers including the
Prime Minister, have to quit.
• The Rajya Sabha does not have this power.
 QUALIFICATIONS:

• CITIZEN OF INDIA
• NOT LESS THAN 25 YEARS OF AGE

Rajya sabha:

Rajya Sabha (The Council of States):

o About: It is the Upper House (Second Chamber or House of Elders) and

it represents the states and union territories of the Indian Union.

• The Rajya Sabha is called the permanent House of the Parliament as

it is never fully dissolved.
• The IV Schedule of the Indian Constitution deals with the allocation of
seats in the Rajya Sabha to the states and UTs.
o Composition: The maximum strength of Rajya Sabha is 250 ( out of which
238 members are representatives of the states & UTs (elected indirectly)
and 12 are nominated by the President).

• Election of Representatives: The representatives of states are elected

by the members of state legislative assemblies.
The representatives of each UT in the Rajya Sabha are indirectly
elected by members of an electoral college specially constituted for the
purpose.

• Only three UTs (Delhi, Puducherry and Jammu & Kashmir) have
representation in Rajya Sabha (others don’t have enough
population).
• The members nominated by the President are those who have special
knowledge or practical experience in art, literature, science and social
service.

• The rationale is to provide eminent persons a place in the house

without going through elections.
o Functions: Rajya Sabha has an important role of reviewing and altering the
laws initiated by the Lok Sabha.

• It can also initiate legislation and a bill is required to pass through the
Rajya Sabha in order to become a law.
o Power:
 • State Related Matters: The Rajya Sabha provides representation to the
States. Therefore, any matter that affects the States must be referred
to it for its consent and approval.

• If the Union Parliament wishes to remove/transfer a matter from the

State list, the approval of the Rajya Sabha is necessary.

QUALIFICATIONS:

• CITIZEN OF INDIA
• NOT LESS THAN 30 YEARS OF AGE

SPEAKER:

Speaker of the Lok Sabha

▪ The Lok Sabha, which is the highest legislative body in the country, chooses its
Speaker who presides over the day to day functioning of the House.
▪ Electing the Speaker of the House is one of the first acts of newly constituted House.
▪ The office of the Speaker is a Constitutional Office. The Speaker is guided by the
constitutional provisions and the Rules of Procedure and Conduct of Business in
Lok Sabha.
▪ In the absence of the Speaker, the Deputy Speaker discharges the functions. A
member from the Panel of Chairmen presides over the House in the absence of both
the Speaker and the Deputy Speaker.
Election of the Speaker

▪ No specific qualifications are prescribed for being elected as the speaker.

o The constitution states that the Speaker must be a member of the

House but an understanding of the constitution and conventions of the
Parliament is considered a major asset.
▪ The House elects its presiding officer by a simple majority of members present,
who vote in the House.
▪ Usually, a member belonging to the ruling party is elected Speaker.

o The process has evolved over the years where the ruling party nominates its
candidate after informal consultations with leaders of other parties and
groups in the House.
o Once the decision on the candidate is taken, the name is normally proposed
by the Prime Minister or the Minister of Parliamentary Affairs.
o This convention ensures that once elected, the Speaker enjoys the
respect of all sections of the House.
 Removal of the Speaker
▪ The Speaker’s term is coterminous with the term of the Lok Sabha i.e. 5 years.
▪ However, the constitution has given the Lower House authority to remove the
Speaker if needed. The House can remove the Speaker through a resolution
passed by an effective majority (more than 50% of the total strength of the house
present and voting) as per Articles 94 and 96 of the Indian Constitution.
▪ A speaker can also tender his resignation to a Deputy Speaker.

Supreme Court

▪ The Supreme Court of India is the highest judicial court and the final court of
appeal under the Constitution of India, the highest constitutional court, with
the power of judicial review.
What is the Brief History of the Supreme Court of India?
▪ The promulgation of Regulating Act of 1773 established the Supreme Court of
Judicature at Calcutta as a Court of Record, with full power & authority.
▪ It was established to hear and determine all complaints for any crimes and also
to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa.
▪ The Supreme Courts at Madras and Bombay were established by King George –
III in 1800 and 1823 respectively.
▪ After India attained independence in 1947, the Constitution of India came into
being on 26 January 1950. The Supreme Court of India also came into existence
and its first sitting was held on 28 January 1950.
▪ The law declared by the Supreme Court is binding on all Courts within the
territory of India.

What are the Constitutional Provisions?

▪ The Indian constitution provides for a provision of Supreme Court under Part V
(The Union) and Chapter 6 (The Union Judiciary).
▪ Articles 124 to 147 in Part V of the Constitution deal with the organisation,
independence, jurisdiction, powers and procedures of the Supreme Court.
▪ The Indian constitution under Article 124(1) states that there shall be a Supreme
Court of India constituting of a Chief Justice of India (CJI) and, until Parliament
by law prescribes a larger number, of not more than seven other Judges.
▪ The Jurisdiction of the Supreme Court of India can broadly be categorised
into original jurisdiction, appellate jurisdiction and advisory
jurisdiction. However, there are other multiple powers of the Supreme Court.
▪ Seat of Supreme Court
 o The Constitution declares Delhi as the seat of the Supreme Court. It also
authorises the CJI to appoint other place or places as seat of the Supreme
Court.
▪ Appointment of Judges
o The judges of the Supreme Court are appointed by the President. The CJI
is appointed by the President after consultation with such judges of the
Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with
the CJI and such other judges of the Supreme Court and the high courts
as he deems necessary. The consultation with the chief justice
is obligatory in the case of appointment of a judge other than Chief
justice.
What are the Qualifications Required for the Appointment of Judges?

▪ A person to be appointed as a judge of the Supreme Court should have the following
qualifications:

o He should be a citizen of India.

o He should have been a judge of a High Court (or high courts in
succession) for five years; or
o He should have been an advocate of a High Court (or High Courts in
succession) for ten years; or
o He should be a distinguished jurist in the opinion of the president.
What are the Oaths or Affirmations?

▪ A person appointed as a judge of the Supreme Court, before entering upon his
office, has to make and subscribe to an oath or affirmation before the President
What is the Tenure of Judges?
▪ The Constitution has not fixed the tenure of a judge of the Supreme Court.
However, it makes the following three provisions in this regard:

o He holds office until he attains the age of 65 years. Any question regarding his
age is to be determined by such authority and in such manner as provided by
Parliament.
o He can resign his office by writing to the President.
o He can be removed from his office by the President on the recommendation of
the Parliament.
How does the Removal of Judges take place?

▪ A judge of the Supreme Court can be removed from his office by an order of the
President. The President can issue the removal order only after an address by
Parliament has been presented to him in the same session for such removal.
▪ The address must be supported by a special majority of each House of Parliament
(ie, a majority of the total membership of that House and a majority of not less
than two-thirds of the members of that House present and voting). The grounds
of removal are two—proved misbehaviour or incapacity.
How are Salaries and Allowances Determined?

▪ The salaries, allowances, privileges, leave and pension of the judges of the Supreme
Court are determined from time to time by the Parliament. They cannot be
varied to their disadvantage after their appointment except during a financial
emergency.
What are Jurisdiction and Powers of Supreme Court?

What is Original Jurisdiction?

▪ As a Federal court, the Supreme Court decides disputes between different units of
the Indian Federation. More elaborately, any dispute between:

o the Centre and one or more states; or

o the Centre and any state or states on one side and one or more states on the
other; or
o Between two or more states.
▪ In the above federal disputes, the Supreme Court has exclusive original
jurisdiction.
▪ Further, this jurisdiction of the Supreme Court does not extend to the following:

o A dispute arising out of any pre-Constitution treaty, agreement, covenant,

o Engagement, sanad or other similar instrument.
o A dispute arising out of any treaty, agreement, etc., which specifically provides
that the said jurisdiction does not extend to such a dispute.
o Inter-state water disputes.
o Matters referred to the Finance Commission.
o Adjustment of certain expenses and pensions between the Centre and the
states.
o Ordinary dispute of Commercial nature between the Centre and the states.
o Recovery of damages by a state against the Centre.

ATTORNEY GENERAL
The Attorney General (AG) of India is a part of the Union Executive. AG is
the highest law officer in the country.
▪ Article 76 of the Constitution provides for the office of AG of India.
 ▪ Appointment and Eligibility:

o AG is appointed by the President on the advice of the government.

o S/he must be a person who is qualified to be appointed a judge of
the SUPREME COURT, i.e. s/he must be a citizen of India and must
have been a judge of some high court for five years or an advocate of
some high court for ten years or an eminent jurist, in the opinion of the
President.
▪ Term of the Office: Not fixed by the Constitution.
▪ Removal: Procedures and grounds for the removal of AG are not stated in the
Constitution. S/he holds office during the pleasure of the President (may be
removed by the President at any time).
▪ Duties and Functions:

o To give advice to the Government of India (GoI) upon such legal matters,
which are referred to her/him by the President.
o To perform such other duties of a legal character that are assigned to
her/him by the President.

▪ To appear on behalf of the GoI in all cases in the Supreme Court

or in any case in any High Court in which the GoI is concerned.
▪ To represent the GoI in any reference made by the President to
the Supreme Court under Article 143 (Power of the President
to consult the Supreme Court) of the Constitution.
o To discharge the functions conferred on her/him by the Constitution or
any other law.
▪ Rights and Limitations:

o S/he has the right to speak and to take part in the proceedings of
both the Houses of Parliament or their joint sitting and any committee
of the Parliament of which s/he may be named a member, but without
a right to vote.
o S/he enjoys all the privileges and immunities that are available to a
Member of Parliament.
o S/he does not fall in the category of government servants. S/he is
not debarred from private legal practice.
o However, s/he should not advise or hold a brief against the GoI.
What is Writ Jurisdiction?
▪ The Supreme Court is empowered to issue writs, including habeas corpus,
mandamus, prohibition, quo-warranto and certiorari for the enforcement of the
 fundamental rights of an aggrieved citizen.

o In this regard, the Supreme Court has original jurisdiction in the sense that
an aggrieved citizen can go directly to the Supreme Court, not necessarily by
way of appeal.
o However, the writ jurisdiction of the Supreme Court is not exclusive. The High
Courts are also empowered to issue writs for the enforcement of the
Fundamental Rights.
What is Appellate Jurisdiction?
▪ The Supreme Court is primarily a court of appeal and hears appeals against the
judgements of the lower courts. It enjoys a wide appellate jurisdiction which can
be classified under four heads:

o Appeals in constitutional matters

o Appeals in civil matters
o Appeals in criminal matters
o Appeals by special leave
What is Advisory Jurisdiction?
▪ The Constitution under Article 143 authorises the President to seek the opinion
of the Supreme Court in the two categories of matters:

o On any question of law or fact of public importance which has arisen or which
is likely to arise.
o On any dispute arising out of any pre-constitution treaty, agreement,
covenant, engagement, sanador other similar instruments.
ATTORNEY GENERAL
▪ The Attorney General (AG) of India is a part of the Union Executive. AG is
the highest law officer in the country.
▪ Article 76 of the Constitution provides for the office of AG of India.
▪ Appointment and Eligibility:

o AG is appointed by the President on the advice of the government.

o S/he must be a person who is qualified to be appointed a judge of
the Supreme Court, i.e. s/he must be a citizen of India and must have been
a judge of some high court for five years or an advocate of some high court for
ten years or an eminent jurist, in the opinion of the President.
▪ Term of the Office: Not fixed by the Constitution.
▪ Removal: Procedures and grounds for the removal of AG are not stated in the
Constitution. S/he holds office during the pleasure of the President (may be
removed by the President at any time).
▪ Duties and Functions:

o To give advice to the Government of India (GoI) upon such legal matters, which
are referred to her/him by the President.
o To perform such other duties of a legal character that are assigned to her/him
by the President.

• To appear on behalf of the GoI in all cases in the Supreme Court or in

any case in any High Court in which the GoI is concerned.
• To represent the GoI in any reference made by the President to the
Supreme Court under Article 143 (Power of the President to consult the
Supreme Court) of the Constitution.
o To discharge the functions conferred on her/him by the Constitution or any
other law.
▪ Rights and Limitations:

o S/he has the right to speak and to take part in the proceedings of both the
Houses of Parliament or their joint sitting and any committee of the
Parliament of which s/he may be named a member, but without a right to
vote.
o S/he enjoys all the privileges and immunities that are available to a
Member of Parliament.
o S/he does not fall in the category of government servants. S/he is not
debarred from private legal practice.
o However, s/he should not advise or hold a brief against the GoI.

GOVERNOR & STATE LEGISLATURE

GOVERNOR
What are Constitutional Provisions Related to the Governor?

▪ Article 153 says that there shall be a Governor for each State. One person can be
appointed as Governor for two or more States.
o The Governor is appointed by the President by warrant under his hand and
seal and holds office under the pleasure of the President (Article 155 and
156).
▪ Article 161 states that the governor has the power to grant pardons, reprieves,
etc.
o The Supreme Court stated that the sovereign power of a Governor to pardon
a prisoner is actually exercised in consensus with the State
government and not the Governor on his own.
• The advice of the government binds the Head of the State.
▪ Article 163 states that there is a council of ministers headed by the Chief
Minister to aid and advise the Governor in the exercise of his functions, except
some conditions for discretion.
o Discretionary powers include:
• Appointment of a chief minister when no party has a clear majority
in the state legislative assembly
• In times of no-confidence motions
• In case of failure of constitutional machinery in the State( Article
356)
▪ Article 200 gives power to the Governor to give assent, withholds assent, or
reserves the bill for the consideration of the President passed by the Legislative
Assembly.
▪ Article 361 states that the Governor of a State, shall not be answerable to any
court for the exercise and performance of the powers and duties.

CHIEF MINISTER
o Article 164 of the Constitution envisages that the Chief Minister shall be
appointed by the governor.

• A leader of the party that has got the majority share of votes in the
assembly elections, is appointed as the Chief Minister of the state.
• The Governor is the nominal executive authority, but real executive
authority rests with the Chief Minister.
• However, the discretionary powers enjoyed by the governor reduces
to some extent the power, authority, influence, prestige and role of
the Chief Minister in the state administration.
o A person who is not a member of the state legislature can be appointed
as Chief Minister for six months, within which time, he should be elected to
the state legislature, failing which he ceases to be the Chief Minister.
▪ Term of the CM:
 o The term of the Chief Minister is not fixed and he holds office during the
pleasure of the governor.

• He cannot be dismissed by the governor as long as he enjoys the

majority support in the legislative assembly.
o The State Legislative Assembly can also remove him by passing a vote
of no-confidence against him.
▪ Powers and Functions:

o With Respect to Council of Ministers:

• The governor appoints only those persons as ministers who are

recommended by the Chief Minister.
• He allocates and reshuffles the portfolios among ministers.
• He can bring about the collapse of the Council of Ministers by
resigning from office, since the Chief Minister is the head of the council
of ministers.
o With Respect to Governor:

• Under Article 167 of the Constitution, the Chief Minister acts as a

link between the Governor and state council of ministers.
• CM advises the Governor regarding the appointment of important
officials like advocate general, chairman and members of the State
Public Service Commission, State Election Commission, etc.
o With Respect to State Legislature:

• All the policies are announced by him on the floor of the house.
• He recommends dissolution of legislative assembly to the Governor.
o Other Functions:

• He is the chairman of the State Planning Board.

• He acts as a vice-chairman of the concerned Zonal Council by
rotation, holding office for a period of one year at a time.
• He is a member of the Inter-State Council and the Governing Council
of NITI Aayog , both headed by the prime minister.
• He is the chief spokesman of the state government.
• He is the crisis manager-in-chief at the political level during
emergencies.
 • As a leader of the state, he meets various sections of the people and
receives memoranda from them regarding their problems, and so on.
• He is the political head of the services

ADVOCATE GENERAL
Introduction
▪ Article 165 of the constitution of India , 1950 (COI)has provided for the office of the
Advocate General for the States.
▪ He is the highest law officer in the State and corresponds to the Attorney General of
India.

What is Article 165 of the Constitution of India?

▪ The Governor of each State shall appoint a person who is qualified to be appointed a
Judge of a High Court to be Advocate-General for the State.
▪ It shall be the duty of the Advocate-General to give advice to the Government of the
State upon such legal matters, and to perform such other duties of a legal character,
as may from time to time be referred or assigned to him by the Governor, and to
discharge the functions conferred on him by or under this Constitution or any other law
for the time being in force.
▪ The Advocate-General shall hold office during the pleasure of the Governor and shall
receive such remuneration as the Governor may determine.

How is the Advocate General for State Appointed?

▪ Appointment:
o The Governor appoints a person qualified to be appointed as a Judge of a High Court.
o Unlike the Attorney General of India, who represents the Union Government, the
Advocate General represents the state government in legal matters.
▪ Qualifications:
o He must be qualified to be appointed a judge of a High Court.
o In other words, he must be a citizen of India and must have held a judicial office for
ten years or been an advocate of a high court for ten years.

What is the Term of the Office of the Advocate General for State?
▪ The term of office of the Advocate General is not fixed by the COI.
▪ The COI does not contain the procedure and grounds for his removal.
▪ He holds office during the pleasure of the Governor.

What is Remuneration of the Advocate General for State?

▪ The remuneration of the Advocate General is not fixed by the COI.
▪ He receives such remuneration as the Governor may determine.

What are the Duties of the Advocate General for State?

▪ To give advice to the government of the State upon such legal matters which are
referred to him by the Governor.
▪ To perform such other duties of a legal character that are assigned to him by the
Governor.
▪ To discharge the functions conferred on him by the COI or any other law.
 What are the Functions of Advocate General for State?
▪ Legal Advisor to the State Government:
o The primary function of the Advocate General is to advice the state government on
legal matters.
o This includes providing legal opinions, interpreting laws, and guiding the government
on matters of legislation and administration.
▪ Representation in Courts:
o The Advocate General represents the state government in the High Court and other
courts within the state.
o They defend the state's interests, present arguments on behalf of the government, and
participate in legal proceedings.
▪ Guardian of the Constitution:
o The Advocate General also acts as a guardian of the Constitution within the state.
o They ensure that the actions of the state government are in accordance with the
provisions of the Constitution and uphold constitutional principles.
▪ Litigation Management:
o The Advocate General oversees legal proceedings involving the state government.
o They may engage with legal issues ranging from civil disputes to matters of public
interest and constitutional interpretation.

What are the Rights of the Advocate General for State?

▪ In performing his official duties, the Advocate General is entitled to appear before any
Court of law within the State.
▪ Under Article 177 of the Constitution, an Advocate General for the State has the right
to speak and to take part in the proceedings of both the houses of the State legislature
or any committee of the State legislature of which he may be named a member, but
without a right to vote.
▪ He enjoys all the privileges and immunities that are available to a member of the State
legislature.
High Courts:
According to the constitution, India follows a single integrated judicial system which
means that the apex court i.e, the Supreme Court is the head of all courts, and the High
Courts of all states function under it. High Courts are the highest judicial body at the
State level and the territorial jurisdiction of the high court is proximate to the territory
of a state.

Composition of High Court- Constitution has not fixed or specified the strength of a
high court and leaves it to the discretion of the president so the high court consists of
Chief Justice and such other judges that the president specifies. President specifies the
strength depending upon the workload of any high court.

Article 214- High Courts for States

Article 214 states that there shall be a High Court for each State.

Article 215- High Courts to be courts of record

Every High Court shall be a court of record, the judgment, proceedings, and act of the
high court are recorded for perpetual memory/testimony and it has all the powers of
such a court including the power to punish for contempt of court.

Article 216- Constitution of High Courts

Every High Court shall consist of a Chief Justice and such other Judges as the President
may from time to time deem fit and necessary to appoint.

Article 217- Appointment and conditions of the office of a Judge of a High Court

1. Every Judge of a High Court is appointed by the President. An appointment is

done by warrant under his hand and seal.
2. The Chief Justice of the High Court is appointed by the president after
consultation with-
1. Chief Justice of India, and
2. Governor of the state concerned
3. Judges other than the Chief Justice of the High court are also appointed by the
President after consultation with-
1. Chief Justice of India
2. Chief Justice of the concerned High Court
3. Governor of the concerned state.
4. In the case of a common high court, the Governor of all the states concerned is
consulted.

Tenure of Judges

Constitution has not fixed any tenure for the judges of the high court but has made the
following provisions in this regard-

1. Shall hold office until the age of 62 Years.

2. In case, any judge wants to resign from their post, the resignation will be presented
to the President of India.
3. President is empowered to remove a judge of the High court same as the manner
provided in clause (4) of Article 124 for the removal of a Judge of the Supreme
Court. Such a recommendation of removal is made by Parliament.
4. He vacates his office when appointed as a judge of the Supreme Court or if he is
transferred to another High Court.
5. If any question arises about the age of a Judge of a High Court, the question shall
be decided by the President. Such decisions can be made after consultation with
the Chief Justice of India. The decision of the President in this regard shall be
final.

Removal of Judges
President is authorized to issue removal orders only after an address is presented to
him by the parliament. Such an order must be passed by the parliament in the same
parliamentary session.

• The address must be supported by a special majority.

• Special Majority- the majority of the total membership of the house and not
less than two-thirds of members present and voting.
• The ground of removal should be the same as the Supreme Court that is, proved
misbehavior and incapacity.
• The manner of removal should also be the same as the judges of the Supreme
Court.

Qualification of Judges of a High Court

1. a) The person must be a citizen of India

b). 1) He should for at least ten years held a judicial office in the territory of India; or
2) For at least ten years been an advocate of a High Court or high court in succession.

Note- It is clear from the above statements that, the constitution has not prescribed any
minimum age for an appointment.

Article 219- Oath or affirmation by Judges of High Courts

A person appointed as a Judge of a High Court shall, before entering upon his office,
make and subscribe oath or affirmation before the Governor of the State, or some person
appointed by him in this regard.

Article 221- Salaries, etc., of Judges

1. Parliament from time to time determines the salaries, allowances, privileges, and
pension of a judge of a high court, such salaries as are specified in the Second
Schedule.
2. Neither the allowances of a Judge nor his rights in respect of leave of absence or
pension can be varied to his disadvantage after the appointment except during a
financial emergency

Article 225- Jurisdiction and power of the High Court

It is the highest court of appeal bestowed with the power to interpret the constitution.
At present high court enjoys the following jurisdiction and powers-
 1. Original Jurisdiction
2. Writ
3. Appellate
4. Supervisory
5. Control over subordinate courts
6. A court of record
7. Power of Judicial Review

The high court has the power to hear the dispute in the first instance i.e, it has
the Original jurisdiction. That contains the matter related to contempt of court, the
election of the Member of Parliament and state legislature, revenue matters,
enforcement of fundamental rights, etc.

Article 226- Power of High Courts to issue certain writs

It is empowered to issue writs including habeas corpus, certiorari, mandamus,

prohibition, and quo warranto for the enforcement of fundamental rights and for any
other purpose i.e, for enforcement of ordinary legal rights as well.

The writ can be issued not within the territorial jurisdiction but also outside the
territorial jurisdiction if the matter arises in the territorial jurisdiction. It can be issued
to any person, authority, or government.

Article 227- Power of superintendence over all courts by high courts

Supervisory Jurisdiction- The high court has the power to superintendence over all
courts and tribunals functioning in the territorial jurisdiction. But it has no jurisdiction
over military courts or tribunals.

Its law is binding over all subordinate courts within the territory in the same manner as
the law of the Supreme Court is binding on all courts in India.

Article 230- Extension of the jurisdiction of the High Court to certain union
territories

Constitution has authorized the Parliament to establish a common high court for two
or more States or for two or more states and union territories. This provision was added
to the constitution through the 7th Amendment Act of 1956.

Article 231- Establishment of a common high court for two or more states
The Parliament is authorized to establish a common high court for two or more States.
FEDERALISM:

Federalism refers to a system of government in which power is divided between

a central authority and various constituent units, such as states or provinces.

• In India, the constitution divides powers and responsibilities between

the central government and the state governments. The division of powers is
further enhanced by a third tier of government, the local self-government

• Federalism in India allows for both national unity and regional diversity, as it
allows the central government to implement policies that apply uniformly
throughout the country while also allowing the states to tailor policies to meet
the specific needs of their regions.

What are the general characteristics of federalism?

The general features of federalism are

• Division of power: Federalism divides power between a central government and

regional governments, with each level having its own specific responsibilities and
areas of authority.
• Supremacy of Constitution: Federalism is based on a written
Constitution that defines the powers and responsibilities of the central and
regional governments and establishes a system of checks and balance to ensure
that neither level of government becomes too powerful.
• Independent judiciary: Federalism typically includes an independent judiciary
that can interpret the Constitution and resolve disputes between different
levels of government.
• Bicameral legislature: Federalism often features a bicameral legislature, with
one chamber representing the people and the other representing the regional
governments.
• Flexibility: Federalism allows for flexibility in the sharing of powers between
central and regional governments and allows for adjustments as circumstances
change.

What is the significance of Indian federalism?

Indian federalism is significant for several reasons:

• Accommodation of diversity: Federalism in India allows for the accommodation

of diversity by giving autonomy to states to govern their own affairs and address
their unique needs and concerns.
• Effective governance: A robust federal structure needs to be in place to deliver
effective governance and to ensure that the diverse needs and interests of the
states are represented in the decision-making process.
 • Promotion of democracy: Federalism promotes democracy by ensuring that
power is decentralized and shared between different levels of government. This
allows for greater participation and representation of citizens in the decision-
making process.
• Protection of rights: Federalism allows for more robust protection of individual
and minority rights as state governments are better able to address the specific
needs and concerns of their diverse populations and can tailor policies and
legislation accordingly.

What are the federal provisions under the Indian Constitution?

Indian constitution establishes dual polity ( Article 1 read with Part V and Part VI)
and the division of powers between them ( Article 246 read with the 7th schedule) .
The states have the same authority over the state list during ordinary times as the union
has over the union list. Part VI of the Indian Constitution provides for the states of the
Indian Union with independent constitutional existence.

Article India, that is Bharat, shall be a union of states.

1
Article Parliament is constituted with two chambers, namely the Lok Sabha and
79 the Rajya Sabha. The Rajya Sabha is designed to function as a representative
body for the states in the Indian federal system.
Article The Supreme Court in India is independent and is the sole arbitrator of
131 disputes between federal constituents of the centre and states.
Article Distribution of legislative subjects between the Union and the State
246 governments, listed under the union, the state, and the concurrent list.
Article Provides for 2 types of amendment processes, making the Constitution of India
368 a unique mixture of rigidity and flexibility. Also, the federal provisions of the
Constitution can be amended with the concurrence of at least half of the state
legislatures.

What are the unitary features of the Indian constitution?

The Constitution of India has several provisions that have a unitary bias, despite the
overall federal structure of the country. Some of these provisions include:

Feature Provisions
States are not Article 3: It gives the Parliament the power to form a new state by
indestructible
• Separating, uniting two or more states or parts of states.
• Uniting any territory to a part of any state.
• Altering the boundaries and names of states.
Emergency Article 352: President can declare a national emergency if the
provisions country's or part of its security is threatened by war, external
aggression, or armed rebellion.

Article 356: It provides for President,s Rule in the state where the
federal relationship between the centre and state becomes unitary.
Strong union Article 248:The Residuary powers of legislation rests with the
legislative parliament.

Article 249: Parliament can pass a law on any matter in the State
List if Rajya Sabha declares that it is necessary to do so in the
national interest.

Article 254: If a state law conflicts with a Parliament law regarding

a topic listed in the Concurrent List, the Parliament law takes
precedence and the state law is considered invalid in the areas of
conflict, regardless of which law was passed first.
Strong union Article 256: The executive power of every State shall be so exercised
executive as to ensure compliance with the laws made by Parliament. And the
executive power of the Union shall extend to the giving of such
directions to a State.
Single The Indian Constitution has a system of single citizenship. This
citizenship means that all citizens, regardless of their state of birth or residence,
have equal rights throughout the country.
All-India services The All-India Services i.e. Indian Administrative Service, Indian
Police Service, and Indian Forest Service, facilitate the involvement
of the union government in the state executive machinery.
Integrated India has an integrated judiciary with the Supreme Court at the top.
judiciary And the law declared by the Supreme Court shall be binding on all
courts.

Why is Indian federalism considered Quasi-federal?

Indian federalism is called a quasi-federal structure because it exhibits features of both

federal and unitary systems of government.

• The Constitution of India has a federal structure as it divides powers between the
central government and the state governments.
• However, it also has certain unitary features that give the central government
more power in certain situations.
• This blend of features makes the federal structure of the Indian Constitution
more flexible and adaptable as per the needs.
• The Chairman of the Drafting Committee, Dr. Ambedkar, said that “Our
Constitution would be both unitary as well as federal according to the
requirements of time and circumstances”.

Case Laws:
The Supreme Court in Sat Pal v State of Punjab & Ors (1969), held that the
Constitution of India is more Quasi – federal than federal or unitary

Keshavananda bharathi v union of India (1973)

The Supreme Court held that federalism is a fundamental part of the Constitution

Minerva Mills v union of India (1980)

The Supreme Court reiterated the view that federalism is a fundamental part of
the Constitution

S. R. Bommai v union of India (1994)

6.write a short note on Governor.

The Indian constitution through its Article 154 vests the Governor with executive
powers of the state. Article 153 puts forward the provision for each state to have
a Governor and shall be appointed by the President, by the powers vested in him
by Article 155, by a warrant under his hand and sealed for all twenty-eight
states.

Appointment and Eligibility of the Governor

Each State Governor is appointed by the President of India, by the 7th

Constitutional Amendment Act of 1956 under Article 153, the same person is
eligible to be appointed as a Governor for two or more states and is entitled to
receive such privileges as determined by the parliament.

A person in order to be eligible for his appointment as the Governor of a state

shall be a citizen of India, should have attained the age of thirty-five, shall not
be a member of either house of Parliament or house of the state legislature and
shall not hold any office of profit. Every Person who is appointed as a Governor
shall take an oath, swearing to the faithful execution of the Governor's Office, in
the presence of the Chief Justice of High Court of that Jurisdiction or in his
absence, the senior most Judge of that High Court.

Roles and Responsibilities of the Governor

The Governor of a state acts as the constitutional head whose one of the
responsibilities is to appoint the Chief Minister of the state under Article 164 and
other officials on the advice of the Chief Minister. The Governor is the top
executive official who exercises various executive, legislative, financial as well as
judicial powers, but these powers cannot be exercised by him on his sole
discretion.

In the case of Shamsher Singh & Anr vs State of Punjab1 a Supreme Court
constitutional bench comprising of 7 Judges observed a that the President and
Governor are the Constitutional heads of the government like the Crown of
England, they are the custodians of all executive, legislative, judicial and
financial powers, they shall strictly act upon the advice of their Ministers except
under extraordinary and unprecedented circumstances.

1. Write a short note on clemency of president

72. Power of President to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases

1. The President shall have the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any
person convicted of any offence—

• in all cases where the punishment or sentence is by a Court Martial;

• in all cases where the punishment or sentence is for an offence against any
law relating to a matter to which the executive power of the Union extends;
• in all cases where the sentence is a sentence of death.

2. Nothing in sub-clause (a) of clause (1) shall affect the power conferred by
law on any officer of the Armed forces of the Union to suspend, remit or
commute a sentence by a court martial.
 3. Nothing in sub-clause (c) of clause (1) shall affect the power to suspend,
remit or commute a sentence of death exercisable by the Governor of a State
under any law for the time being in force.
Key Judgments Related to Pardoning Power of President & Governor

• Maru Ram vs Union of India Case (1980) – In this case, the

constitutional bench of the Supreme Court of India held that the
pardoning power of the President (under Article 72) and the pardoning
power of the Governors (under Article 161) aren’t subject to judicial
review in its entirety. However, they have to exercise their powers on the
advice of the Central Council of Ministers (CoM) and the State Council
of Ministers (CoM) respectively, and not as per their discretion.
• Kehar Singh vs. Union of India Case (1988) – In this case, the
Supreme Court of India examined the pardoning power of the President
and laid down the following principles:
o The petitioner for mercy has no right to an oral hearing by the
President.
o The President can examine the evidence afresh and take a view
different from the view taken by the court.
o The power is to be exercised by the President on the advice of
the Union Cabinet.
o There is no need for the Supreme Court to lay down specific guidelines
for the exercise of power by the President.
o The exercise of power by the President is not subject to judicial review
except where the presidential decision is arbitrary, irrational, mala fide,
or discriminatory.

1. Original Jurisdiction of the Supreme Court of India.

Article 131 of the Indian Constitution empowers the Original
Jurisdiction of the Supreme Court.

As a Federal court, the Supreme Court decides disputes between different units
of the Indian Federation. More elaborately, any dispute between:
• The Centre and one or more states; or
• The Centre and any state or states on one side and one or more states on
the other; or
• Between two or more states.
In the above federal disputes, the Supreme Court has exclusive original
Jurisdiction.
Further, this jurisdiction of the Supreme Court does not extend to the following:

• A dispute arising out of any pre-Constitution treaty, agreement, covenant,

engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc., which specifically
provides that the said jurisdiction does not extend to such a dispute.
• Inter-state water disputes.
(The Article 262 of the Indian Constitution provides for barring the
Supreme Court’s Jurisdiction over Interstate river water disputes.
Accordingly, the Interstate River Water Disputes Act 1956 bars jurisdiction
of the Supreme Court or any other Court over interstate river water
disputes)
Atma Linga Reddy v Union of India, 2008
• Matters referred to the Finance Commission.
• Adjustment of certain expenses and pensions between the Centre and the
states.
• Ordinary dispute of Commercial nature between the Centre and the states.
• Recovery of damages by a state against the Centre.

2. Explain the Ordinances making power of the President.

▪ Under the Constitution, the power to make laws rests with the legislature.
However, in cases when Parliament is not in session, and ‘immediate
action’ is needed, the President can issue an ordinance.
▪ Article 123 of the Indian constitution empowers the President to
promulgate ordinances.
▪ After the ordinance is notified it is to be laid before Parliament within 6
weeks of its first sitting.
▪ Parliament could either choose to pass the ordinance, disapprove it or it may
lapse within the 6 week time frame.
▪ As maximum gap between two sessions of a house can be 6
months therefore maximum life of an ordinance can be 6 months and 6
weeks.
▪ An ordinance made when both the Houses are in session is void. Thus, the
power of the President to legislate by ordinance is not a parallel power of
legislation.
▪ In addition, the President may choose to withdraw the ordinance.
▪ In Cooper case, (1970), the Supreme Court held that the President’s
satisfaction can be questioned in a court on the ground of malafide.
o The 38th Constitutional Amendment Act of 1975 made the
President’s satisfaction final and conclusive and beyond judicial review.
But, this provision was deleted by the 44th Constitutional
 Amendment Act of 1978. Thus, the President’s satisfaction is
justiciable on the ground of malafide.
▪ In the D C Wadhwa case (1987) the court ruled that successive re
promulgation of ordinances with the same text without any attempt to get
the bills passed by the assembly would amount to violation of the
Constitution and the ordinance so re-promulgated is liable to be struck
down.
o It held that the exceptional power of law-making through ordinance
cannot be used as a substitute for the legislative power of the state
legislature.
▪ In Krishna Kumar Singh vs. State of Bihar (2017), the Supreme Court
stated that ordinances are subject to judicial review, and do not
automatically create enduring effects.