Supreme Court

Article 124

  • Establishment and constitution of Supreme Court
  • Supreme Court of India be constituted with a Chief Justice and not more than seven other Judges
  • Judges of the supreme court are appointed by president in consultation with the Judges of the supreme court and the High Court in the states
  • Judge shall hold the office until he attains the age of sixty-five years
  • Removal of Judges
  • a Judge may, by writing under his hand addressed to the President, resign his office
  • Chief justice of India must consulted in the case of appointment of a Judge other than the Chief Justice
  • A person is qualified for appointment as a Judge of the Supreme Court, If
  • he is a citizen of India
  • he has been for at least five years a Judge of a High Court or of two or more such Courts in succession
  • has been for ten years an advocate of a High Court or of two or more such courts in succession
  • he is, in the opinion of the President, a distinguished jurist
  • A Judge of the Supreme Court can only be removed by an order of the President on the ground of proved misbehaviour of incapacity
  • No person who has held office as a Judge of the Supreme Court shall plead or act on any or before any authority within the territory of India

Article 125

  • Salaries of the Judges of the Supreme Court is specified in the Second Schedule

Article 126

  • Appointment of acting Chief Justice
  • When the office of Chief Justice of India is vacant or unable to perform the duties of his office, President may appoint a judge for the purpose

Article 127

  • Appointment of ad hoc Judges
  • Chief Justice of India can appoint a judge, with the consent of the president and in consultation with the chief Justice of the High Court concern

Article 128

  • Attendance of retired Judges at sittings of the Supreme Court
  • Chief Justice of India with the consent of the president, can request a retired Judge of the supreme court or High Court, to sit and act as a Judge of the supreme court

Article 129

  • Supreme Court to be a court of record
  • Acts and proceedings of the supreme court are permanently recorded
  • It has all the powers to fine or imprison persons for contempt

Article 131

  • Original jurisdiction of the Supreme Court
  • Supreme Court has original jurisdiction in any dispute
  1. between the Government of India and one or more States
  2. between the Government of India and any state or states on one side or more other states on the other
  3. between two or more states

Article 131 A

  • Exclusive jurisdiction of the Supreme Court
  • Supreme Court has exclusive jurisdiction in regard to questions as to constitutional validity of central laws

Article 132

  • Appellate jurisdiction of supreme court in appeals from high court in certain cases
  • A case can be appealed to the Supreme court, if the High Court case involves the interpretation of constitution

Article 133

  • Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters
  • An appeal shall lie to the Supreme court from any judgement, decree or final order in a civil proceeding of a High Court
  1. That the case involves a substantial question of law of general importance
  2. that in the opinion of the High Court the said question needs to be decided by the Supreme Court

Article 134

  • Appellate jurisdiction of Supreme Court in regard to criminal matters
  • An appeal shall lie to the Supreme Court form any judgement, final order or sentence in a criminal proceeding of a High Court
  • If the High Court
  1. has on appeal reserved an order of acquittal of an accused person and sentenced him to death
  2. has withdrawn for trial before itself any case from any court subordinate to its authority and convinced the accused person and sentenced him to death
  3. certifies under article 134 A that the case is a fit one for appeal to the Supreme Court

Article 136

  • Special leave to appeal by the Supreme Court
  • Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court of tribunal
  • Supreme Court cannot exercise special leave on Armed Forces

Article 137

  • Review of judgements or orders by the Supreme Court
  • Supreme Court has power to review any judgement pronounced or order made y it.

 

Comptroller and General Auditor-General

Article 148

  • Comptroller and Auditor-General of India is appointed by the President salaries and allowance of the Comptroller and Auditor-General are specified in the Second Schedule
  • Removal
  • In the manner similar to the removal of Judge of the Supreme Court
  • The Comptroller and Auditor-General is not eligible for further office under the Government after retirement
  • Administrative expenses of the office of the CAG are charged upon the Consolidated fund of India

Article 149

  • Duties and powers of the Comptroller and Auditor-General
  • The comptroller and Auditor-General deals with the accounts of
  • The Union
  • The States
  • any other authority or body prescribed by parliament

Article 150

  • The accounts of the Union and of the States are kept in the form as prescribed by the president, on the advice of CAG

Article 151

  • Audit reports
  • The reports of the CAG on the accounts of the Union are submitted to the President, who in turn lays them before each house of parliament
  • The reports of the CAG on the accounts of a state are submitted to the Governor, who in turn lays them before the legislature of the State

 

The Governor

Article 153

  • There shall be a Governor for each state
  • Same person can be appointed as the Governor for two or more States

Article 154

  • Executive power of State
  • Executive power of the State is vested in the Governor

Article 155

  • Appointment of Governor
  • Governor of a State is appointed by the President

Article 156

  • Term of office of Governor
  • The Governor holds office during the pleasure of the president
  • Governor may resign his office by addressing his resignation to the president
  • Governor shall hold office
  • for a term of five years from the date on which he enters upon his office
  • until his successor enters upon his office, regardless of expiration of his term

Article 157

  • Qualification for appointment as Governor
  • A person is eligible for appointment as Governor, if
  • he is citizen of India
  • he has completed the age of thirty-five years

Article 158

  • Conditions of Governor’s office
  • Governor shall not be a
  • member of either house of parliament
  • member of a house of the legislature of any state
  • He must vacate his seat in the house before entering his office as Governor
  • Governor shall not hold any other office of profit

Article 160

  • President may discharge the functions of the Governor during contingency

Article 161

  • Power of Governor to grant pardons
  • Governor of a State have power
  • to grant pardons, reprieves, respites or remissions of punishment
  • to suspend, remit or commute the sentenced of a person

 

Council of Ministers of State

Article 163

  • Council of Ministers to aid and advise Governor
  • Council of Ministers with the chief minister at the head, aid and advise the Governor in the exercise of his functions
  • Validity of Governors’ acts under his discretionary powers cannot be questioned
  • Advice tendered by Ministers to the Governor cannot be inquired into in any court

Article 164

  • Other provisions as to Ministers
  • Appointments
  • Chief Minister is appointed by the Governor
  • Other Ministers are appointed by the Governor on the advice of chief Minister
  • Ministers hold office during the pleasure of Governor
  • The total number of Ministers in a State cannot exceed 15% of the total number of members
  • Number of Ministers, including the Chief Minister in a state shall not be less than twelve
  • Council of Ministers are collectively responsible to the Legislative Assembly of the State
  • If a Minister is not a member of the legislature of the state for any period of six consecutive months, ceases to be a minister
  • The salaries and allowances of Ministers are specified in the Second Schedule

 

Advocate-General

Article 165

  • Appointment and other conditions of Advocate General
  • Governor of each state appoints a person to be Advocate-General for the State
  • Advocate General should have qualifications to be appointed a Judge of a High court
  • Duty of the Advocate-General is
  • to advice the government of state on legal matters
  • to perform the legal duties referred or assigned to him by the Governor
  • Advocate-General holds his office during the pleasure of the Governor
  • Advocate General receives his remuneration as the Governor may determine

 

Conduct of Government Business of State

Article 166

  • Conduct of business of the Government of a state
  • All executive actions of the Government of a state are taken in the name of the governor
  • Orders and other instruments made and executed in the name of the Governor cannot be questioned

Article 167

  • Duties of Chief Minister n furnishing of information to governor
  • It is the duty of the Chief Minister
  • to communicate to the governor
  • all decisions on administrative affairs of the state
  • all proposals for legislation
  • on Governor’s advice to require a Minister to submit his decision on any matter, which has yet been considered by the council
  • It is duty of the Chief Minister upon Governor’s call
  • to furnish the information relating to the administrative affairs
  • to furnish the information relating to the proposals for legislation

 

The State Legislature

Article 168

  • Constitution of Legislatures is States
  • State Legislature consists of
  • governor
  • Legislative Assembly
  • Legislative council

Article 169

  • Abolition or creation of legislative councils is states
  • Resolution has be passed

Article 170

  • Composition of the legislative Assemblies
  • legislative Assembly of a state consists of
  • Not more than five hundred members chosen by direct election
  • not less than sixty members chosen by direct election
  • States are divided into territorial constituencies to maintains the ratio between the population and the number of seats
  • Territorial constituencies shall be readjusted after the completion of sensus

Article 171

  • composition of the legislative councils
  • the total number of members in the legislative council
  • shall not exceed one-third of members in the legislative assembly of that state
  • shall in no case be less than forty
  • Election of members
  • one –third are elected by electorates consisting of members of
  • municipalities
  • district boards
  • other local authorities in the state
  • one-third are elected by electorates consisting of
  • graduates of any university
  • one-third are elected by electorates consisting
  • of teachers not lower than that of a secondary school level
  • one-third are elected by
  • members of the legislative assembly of the state
  • Governor appoints the remaining people from the fields of
  • Science
  • Literature
  • Co-operative movement
  • Social services
  • Art

Article 172

  • Duration of State Legislatures
  • Duration of Legislative Assembly
  • Legislative Assembly has the term f 5 years from the date of its first meeting
  • Duration of Legislative Council
  • The legislative council shall not be subject to dissolution
  • one-third of the members retire on the expiration of every second year

Article 173

  • Qualification for membership of state legislature
  • Qualified, if
  1. he is citizen of India
  2. he is
  • in the case of a seat in the legislative council, not less than 30 years of age
  • in the case of a seat in the legislative assembly not less than 25 years of age
  1. he possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament

Article 174

  • Sessions of state legislature
  • The
  • Governor shall summon each house of legislature to meet at such time and place as he thinks fir
  • time between the last sitting of the first session and first sitting of the next session should not exceed six months
  • The Governor may from time to time
  1. prorogue the house or either house
  2. dissolve the legislative assembly

Article 176

  • The Governor addresses both houses of legislature assembled together
  • Governor addresses joint assembly or legislative assembly alone at the commencement of
  • first session of each year
  • first session after each general election

Article 177

  • Rights of ministers and Advocate-General as respects houses
  • Ministers and the Advocate-Generals have right to speak in the legislature
  • They can take part in the proceedings of
  • any joint sitting of the houses
  • either house
  • any committee of legislature being its member

 

Officers of the State Legislature

Legislative Assembly

  • The speaker and Deputy speaker of the legislative assembly
  • Article 178
  • Legislative Assembly shall choose the speaker and Deputy speaker
  • Article 170
  • Vacation and resignation of and removal from the offices of speaker and deputy speaker
  • Speaker or Deputy Speaker
  1. shall vacate his office if he ceases to be a member of the legislative assembly
  2. may at any time, by writing under his hand
  3. may be removed from his offices by a resolution of the assembly passed by a majority of all the then members of the assembly

Article 180

  • Powers of the deputy speaker or other person to perform the duties of the offices of or to act as speaker
  • While the offices speaker is vacant
  • Deputy Speaker acts as speaker
  • Governor may appoint another person for the purpose in the absence of deputy speaker

Article 181

  • The speaker or the deputy speaker cannot preside while a resolution for his removal from office is under consideration
  • The speaker shall take part in the proceedings and he is entitled to vote only in the first instance but not in the case of an equality of votes

Legislative Council

Chairman and Deputy Chairman

  • Article 182
  • Legislative council shall choose the speaker and deputy speaker
  • Article 183
  • Vacation and resignation of, and removal from, the offices of chairman and Deputy Chairman
  • Article 184
  • Power of the Deputy Chairman or other person to perform the duties of the office of, act as, Chairman
  • While the office of Chairman is vacant
  • deputy chairman acts as chairman
  • Article 185
  • The chairman or the deputy chairman cannot preside while a resolution for his removal from office is under consideration
  • The chairman shall take part in the proceedings and he is entitled to vote only in the first instance but not in the case of an equality of votes

 

Conduct of Business in Legislature

Article 189

  • All questions at any sitting of the houses shall be determined
  • The chairman or speaker, or person acting as such
  • shall not vote in the first instance
  • can only exercise a casting vote in the case of an equality of votes
  • Either house of legislature have power to act irrespective of the vacancy in the membership
  • Quorum to constitute a meeting in either house of legislature
  • one-third of the total number of members of the house
  • or ten members of the house whichever is greater
  • Chairman or Speaker, or person acting as such can either adjourn the house or suspend the meeting until there is a quorum

 

Disqualifications of Members in State Legislature

Article 190

  • Vacation of seats
  • No person shall be a member of
  • both houses of state legislature
  • legislatures of two or more states
  • A seat becomes vacant if
  • The member resigns by writing under his hand addressed to the chairman or speaker

Article 191

  • Disqualifications for membership
  • A member of either house of state legislature shall be disqualified
  • if he holds any office of profit as specified in the first schedule
  • if he is of unsound mind and stands so declared by a competent court
  • if he is an un discharged insolvent
  • if he
  • is not a citizen of India
  • has voluntarily acquired the citizenship of a foreign state
  • if he is disqualified under the tenth schedule

Article 192

  • Decision on questions as to disqualifications of members
  • Disqualification of a member under article 191 is referred for the decision of the governor and his decision is final

Article 193

  • Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
  • Penalty of five hundred rupees to be recovered as a debt due to the state.