THE CONSTITUTION OF INDIA

UNIT-III
STATE EXECUTIVE
SNo., Contents Page No.
1 State Executive: 2
2 Structures and Functions, 2
3 Governor, 5
4 Chief Minister, 7
5 Cabinet, 10
6 State Legislature, 14
7 High Courts 18
8 Sub ordinate courts. 21

1|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

STATE EXECUTIVE
The State Executive carries out the administration of the state and determines policies and laws to take
the state forward.
The State Executive comprises the governor, the chief minister and the council of ministers.

STRUCTURES OF STATE GOVERNMENT & FUNCTIONS

Functions of Executive
In the modern state a variety of functions are performed by the executive, as stated below.
1. Administrative Function: The administration function of the executive includes the following.
(a) Execution of Laws and Judicial Decision:
The executive is entrusted with the responsibility to execute laws madeby the legislature, and deci
sions of the Judiciary coming in the forms of judgements of courts.
(b) Maintenance of Law and Order:
Another important function of the executive is to maintain law and order.
The police are mainly in change of this task.
(c) Policy Formation:
In respect of policymaking, the executive has a crucial role.
It prepares the blueprint of the policy which goes to the legislature in the form of bill.
The policy emerges after the bill is passed by the legislature and the head of state gives assent to it.
(d) Appointment and Promotion:
The political executive enjoys the power of appointment, promotion, removal and suspension of
Civil servants.
2. Diplomatic function:
1. It means the conduct of foreign relations.
2. The executive appoints diplomatic representatives to foreign states and receives representatives
from them.
3. Treaties and international conventions are negotiated andconcluded by the executive,
Often subject to the approval of one or both houses of the legislature.
3. Military Function:

2|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

 1. The chief executive, in most of the states, is made the supreme commander of the defence forces.
2. The power of waging war andconcluding peace with any foreign state is assigned to the executive.
3. In times of emergency and grave national crisis the chief executive maydeclare martial law
and suspend the rights of citizens.
4. Financial and Economic Function
(a) Budget preparation:
In almost all the countries, the budget or the Annual FinancialStatement is prepared by the executive and
presented to the legislature for approval.
(b) Revenue collection:
The executive prepares the sources of revenue of the government,collects taxes, and after the approval of
the budget spends money on various heads.
(c) Auditing:
The auditing and accounting of public expenditure are done under the supervision of the executive.
(d) Economic policy:
The executive determines the economic policy of the country.
This policy is designed to expedite economic development and make the countryself reliant.
The executive prepares plans relating to production, distribution and exchange of goods and resources.
5. Judicial Function:
The chief executive has the right of pardon or clemency.
He may suspend, remit or commute the sentence of a person convicted of an offence.
This power is exercised in exceptional cases. In most of thestates the executive officials decide administra
tive cases like tax evasions, industrial disputes, damages claimed against government and
Encroachments.
This is known as 'administrative adjudication.'
6. Constituent Function:
The constitution may require certain changes. It executive which
Determines what changes are necessary in the constitution, and such changes.
It also takes the lead in piloting those constitutional amendments.
7. Legislative Function:
The following are the legislative functions of the ex
(a) LawMaking:
Lawmaking is the main function of the legislature, contribution of the executive to
lawmaking is also significant.
The executive pre legislative proposals, sends them in the form of bills to the legislature, pilots and
them on the floor of the legislature and works hard for the passing of bills by the legislature.
A bill passed by the legislature, however, cannot be law unless it obtains the Asser of the head of state.
He has the power to veto a bill or send it back to the legislature reconsideration.
(b) To summon and provoke the House:
The head of state (President in A India, and King or Queen in Britain) has the power to summon
and prorogue the legislature.
In India, for examples, he can dissolve the lower house of the legislature recommendation of
the council of ministers.
(c) Promulgation of Ordinance:
When the national legislature is not in session head of state can promulgate ordinances
to meet exigencies.
The ordinance has force as law.
It has to be placed before the legislature for approval when it meets passed by the legislature,
it becomes a law.
(d) Delegated Legislation:
For lack of time and technical competence, the le delegates the power to
make detailed laws and regulations to the executive.

3|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

The volume of such 'delegated legislation' has increased in recent years.
8. Welfare Function:
As people have become increasingly conscious of the fact that the statehas a responsibility to provide
basic amenities of life to them, they are the same and the governments, in general, are
trying to meet their demand.
It is the duty of the government to ensure that the people havefood, clothes, shelter and access to
education etc.
The states are generally becoming 'welfare states'.
9. Miscellaneous Functions
The executive gives leadership to the government.
It leads the legislature. It leads the party in power.
It leads the nation in general, leadership to the state and represents it in variousinternational
conferences and organisations.
Increase in the Functions of the Executive
A review of the functions of the executive reveals that the executive is a functioning organ.
C. F. Strong opines that "in spite of the vast importance of the function in modern government,
it tends to be overshadowed by the executive."
A number of factors has contributed to the enormous growth in executive functions in recent time.
1. Complexities and Technicalities of Modern Life:
In course of time life has been burdened with many complexities and technicalities.
In order to meet this challenge, the executive needs specialized knowledge and technical
competence.
This has led to increase in the function of the executive.
2. Welfare of People:
In most of countries, there are large number of people afflicted by poverty and deprivation.
They demand prompt attention of government which feels dutybound to take welfare
measures for them.
3. Overburdened Legislature:
The complex problems of the modem state require more laws with great degree of complexities
and technical nature.
The modem legislature consisting of amateurs does not have the time and competence to deal
with complex law making.
Hence the executive has assumed more power.
4. Planning:
Modern state is a planned one. Planning has become an important aspect of executive activities.
It has led to the growth of executive power.
5. Delegated Legislation:
Modem legislature makes laws on broad outlines only.
The executive makes details and therefore, its power has grown.
6. Administrative Adjudication:
The role of the executive in deciding administrative cases and disputes has led to administrative
adjudication.
Through this, the executive has taken over some powers of the judiciary.
7. Emergency Situations:
Due to collapse of law and order, natural disasters and external invasion,emergency situations
may arise at different times in different parts of the country.
In the last few years, terrorism has become a serious issuein several countries.
It is only the executive which can tackle these problems promptly and effectively.
No other branch of the government can successfully face these emergency situations.
The demand for vigour, efficiency and welfare in government has given impetus to the expansion
of executive power.

4|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

Due to the increase in the power and functions of the executive through delegated legislation and
administrative adjudication, a new kind of despotism, as Lord Hewart, a British jurist,
has said, 'neodespotism' has evolved.

GOVERNOR
1. Governor is the Executive Head of States
2. Acts on advice of Council of Ministers.
3. Same person can be appointed as Governor of one or more state
4. All executive actions of state are taken in his name
5. Acts as a link b/w center & state & its his duty to send reports to the President of the affairs of the
state fortnightly
6. Dual responsibility head of the states + representatives of center in state

Appointment of Governor
1. Appointed by President for 5 years but can be removed before his oce terms, by the President
on advice of PM
2. Even can be transferred from one state to other by President on advice of PM
3. Rajasthan high court held that CJ of HC can be appointed as an acting governor in place of vacancy
in governor s oce due to death, resignation etc.

Qualications
1. Must be citizen of India & of 35 years of age
2. Must not be member of any house of Parliament or of state legislature
3. Must not hold any oce of prot

Oath
1. Before CJ of HC or in his absence, before senior most judge available

Salary
2. 1, 10,000 + Rent free ocial accommodation + other allowances
3. From consolidated fund of state

Immunities to Governor
1. Shall not be answerable to any court for exercise & performance of powers & duties of his oce
2. No criminal proceedings can be instituted or continued in any court during his terms of oce
3. No process for arrest or imprisonment of governor from any court during his terms of oce
4. Civil proceedings against him, in which relief is claimed, can be instituted giving 2 months prior
notice

Sarkaria Commission report on oce of Governor (Recommendations only)

1. A politician belonging to ruling party at the center should not be appointed as governor of state
being run by some other party
2. Must be appointed after consultation with state concerned
3. Must be a detached gure from state politics & must retain power to refer any bill to center fo
assent

Powers & functions of Governor

Executive Powers of governor
1. All executive powers of the state are vested in governor & all executive actions of state
government are taken in his name

5|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

 2. Executive powers of governor extend to all matters on which state legislature can make laws
3. In case of concurrent list executive powers of governor are subjected to executive powers of the
President
4. Make rules for convenient transaction of business of government & for its allocation among
ministers
5. to 94th amendment, In Jharkhand, MP, Chhattisgarh & Orissa, it is special responsibility of the
governor to see that a minister is placed incharge of tribal welfare
6. In Assam, he is given certain special powers with respect to administration of tribal areas
7. Appoints CM (Leader of majority party in legislative assembly) & on his advice COMs
8. Appoints the Advocate General, Chairman and members of the respective State Public
Commission; Although the later cannot be removed by him but the President on report of SC in
case of certain disqualications
9. Appoint members of state election commission & state nance commission
10. Acts as chancellor of state universities
11. CM to communicate all decisions of COM, related to administration of state & to all the proposal
for legislation, to governor
12. Informs President, along with his recommendations, regarding break down of constitutional
machinery & imposition of Presidential rule in state

Legislative Powers of governor

1. Power to nominate 1 member to lower house (Legislative assembly) from Anglo Indian
community & 1/6 of total number of members to upper house (Legislative council)
2. Summons state legislature, prorogue either house & can dissolve legislative assembly
3. No bill can become a law until the Governor signs it
4. Can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or
as directed by the President.
5. Causes the annual Budget to be presented in Vidhan Sabha (Legislative assembly)
6. No money bill / ordinary bill / nancial bill can be introduced in the Assembly without his prior
approval.
7. May give his assent or withhold his assent to a bill / Can withhold a bill and send it to the
President for consideration /may return to legislature (one time only) except money bill

Ordinance making powers of governor

1. Can issue ordinances when one or both the houses of state legislature are not in session & when
he is satised that certain actions are needed to be taken immediately
2. However, he is prohibited from promulgating ordinances that contains provisions, which under
the constitution requires previous sanction of the President. In such cases, he can make
ordinances taking prior permission of President
3. An ordinance issued by governor ceases to be in operation 6 weeks after the re-assembly of the
legislature unless approved earlier

Financial Powers of governor

1. No money bill / ordinary bill / nancial bill can be introduced in the Assembly without his prior
approval.
2. No demand for grant can be made in legislative assembly except on his recommendations
3. To introduce annual budget in state legislature showing estimated revenue & expenditure of state
for that year
4. Can make advances out of contingency fund of state in case of unforeseen expenditure

Judicial Powers of governor

6|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

 1. Has the power to grant pardon, reprieve, respite or remission of punishment or to commute
sentences in certain cases,subjected to the laws of state legislature
2. Does not has the power to grant pardon in cases of death sentence But can commute or respite it

Emergency Powers
1. Power to make report to the President whenever he is satised that a situation has arisen in which
government of the state can not be carried on in accordance with the provisions of the
constitution, thereby, inviting President to assume to himself function of gov. of the state
2. When the Presidential rule is applied to state, governor becomes the agent of Union government
in the state & take reins of administration directly in his own hands & runs the state with the aid of
civil services on instructions received by President

Other Powers
1. On advice of election commission, he may decide a matter relating to disqualication of a member
of legislature, if his election is challenged through a petition by some voters of the state
2. Annual reports of various bodies like state PSC, CAG, State nance commission etc. are submitted
to governor that he causes to be laid before legislature for consideration

Bill Reserved by Governor for Presidential Assent

When a Bill is reserved by a Governor, under the Article 201, for the consideration of the President, the
President shall declare either that he assents to the Bill or that he withholds assent there from
1. Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return
the Bill to the House or, as the case may be, the Houses of the Legislature of the State together and,
when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of
six months from the date of receipt of such message and, if it is again passed by the House or
Houses with or without amendment, it shall be presented again to the President for his
consideration.
2. When the bill is again presented to the President for the assent, the president is not bound to give
his assent to the Bill. This means that the state legislature cannot override the veto power of the
President.
The Constitution has also not prescribed any time limit within which the President has to take decision with
regard to abill reserved by the governor for his consideration. Hence, the President can exercise pocket veto
in respect of state legislation also.

CHIEF MINISTER
1. The Governor is the dejure (nominal) head.
2. The Chief Minister is the defacto (real) head.
3. The Governor is the head of the state.
4. The Chief Minister is the head of the Government.

APPOINTMENT:
1. The Chief Minister is appointed by the Governor.
2. Other Ministers are also appointed by the Governor only on the advice of the Chief Minister.

ARTICLE 164:
1. The Chief Minister shall be appointed by the Governor and other ministers shall be appointed by
the Governor on the advice of the Chief Minister.
2. The Ministers shall hold the oce during the pleasure of the Governor.
3. The Council of Ministers shall be collectively responsible to the state legislative assembly.
4. To uphold the democratic principles the Governor appoints the leader of the majority party in
the state legislative assembly as the Chief Minister.
7|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)
 5. In case no party has the majority then the Governor uses the discretionary powers.
6. The general principle is that the Governor invites the coalition group to form the government.

Note:
In coalition government there are minimum 2 parties in the government.
If there is no possibility of the formation of the government by group of parties then the Governor
invites the single largest party to form the government.
Single largest party is a party is different from the majority party.
A majority party gets the clear cut majority in the house. Single largest party is that party that
won highest number of seats in the house but did not get the majority.

Example:
The total number of seats in Delhi assembly is 70 hence a majority party should get minimum 36 seats.
But in the 2013 elections no party secured the majority. BJP won 31 seats hence it is the single largest
party in the Delhi Assembly. AAP (Aam Aadmi Party) which secured to win 28 seats formed the minority
government with the outside support of Congress which won 8 seats.

1. If the single largest party refuses to form the government then he invites the second largest party
to form the government.
2. If no party comes forward to form the government then the Governor recommends for the
proclamation of the Presidents Rule.
3. A person who is not a member of the state legislature can be appointed as the Chief Minister. He
should become a member of either of the houses of the state legislature within six months, failing
which he ceases to be the Chief Minister.
4. The Chief Minister may be the member of any of the two houses of a state legislature.

OATH OF OFFICE:
1. The oath of oce to the Chief Minister is administered by the Governor.

TERM:
1. The Chief Minister holds the oce during the pleasure of the Governor.

RESIGNATION:
1. The Chief Minister submits the resignation to the Governor.

REMOVAL:
2. The Chief Minister is removed by the Governor.
3. The Chief Minister cannot be removed as long as he enjoys the majority of the House. (This was
ruled by the Supreme Court in 1994 in S R Bommai V.Union of India case).
4. If the Chief Minister loses the majority of the assembly, he must resign otherwise the Governor
can remove the Chief Minister.

SALARY:
1. The salary and other allowances of the Chief Minister are determined by the state legislature.

FUNCTIONS:
Note: The CM is the defacto head. Hence every important decision is taken only after his consent.
1. The CM is the head of the Council of Ministers.
2. The CM presides over the meeting of the Council of Ministers.
3. The CM advises the Governor to appoint other Ministers.

8|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

 4. The CM decides the allocation of the portfolios among various the ministers.
Note: Portfolio means Ministry. One minister can hold more than one portfolio.
5. The CM reshues the portfolios.
6. The CM advices the minister to resign.
7. The CM advices Governor to accept resignation letter of a minister.
8. The CM advices the Governor to dismiss a minister in case he does not tender resignation letter
even after advice by the Chief Minister.
9. The Chief Minister is the channel of communication between the Governor and the council of
ministers.
Article 167:
1. It shall be the duty of the Chief Minister to communicate to the Governor of the state all decisions
of the council of ministers relating to the administration of the affairs of the state and proposals
for legislation.
2. To furnish such information to the Governor relating to the administration of affairs of the state
and proposals for legislation as the governor may call for and if the Governor so requires to
submit for the 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.
3. The Advocate General is appointed by the Governor on the advice of the CM.
4. The SPSC (State Public Service commission) Chairman and members are appointed by the
Governor on the advice of the CM.
5. The SFC (State Finance Commission) Chairman and the members are appointed by the Governor
on the advice of the CM.
6. The SEC (State Election Commissioner) is appointed by the Governor on the advice of the CM.
7. The CM advices the Governor to summon and prorogue the state legislature.
8. The CM advises the Governor to dissolve the state legislative assembly.
9. The CM is the ex-ocio chairman of the State Planning Board.
10. The CM is the Vice Chairman of the Zonal council by rotation.
Note: Zonal Councils discussed in detail separately.
Note: The Union Home Minister is the Chairman of all Zonal Councils.
11. The CM is a member of NDC (National Development Council).
12. The CM is a member of ISC (Inter State Council).
13. The CM is a member of NIC (National Integration Council).

KINDLY NOTE:
1. After the general elections (Assembly) the leader of the majority party is appointed as the Chief
Minister.
2. On the advice of the Chief Minister remaining ministers are appointed by the Governor.
3. The Governor appoints the Pro-tem speaker.
4. Generally the senior most member of the house is appointed as the pro-tem speaker.
5. Note: On January 1, 2014 the senior BJP leader and MLA Jagdish Mukhi of Delhi has been
appointed as the pro-tem speaker by the Lt. Governor Najeeb Jung. But he refused to be the pro-
tem speaker. Hence the senior congress MLA Mateen Ahmed has been appointed as the pro-tem
speaker.
6. The Pro-tem speaker administers oath of oce to the all newly elected members of the state
legislative assembly.
7. The Chief Minister and other Ministers also take the oath as the members of the assembly.

9|Rajesh THE CONSTITUTION OF INDIA (UNIT-III)

CABINET
State Council of Ministers
1. As the Constitution of India provides for a parliamentary system of government in the states on
the Union pattern, the council of ministers headed by the chief minister is the real executive
authority in the politico-administrative system of a state.
2. The council of ministers in the states is constituted and function in the same way as the council of
ministers at the Centre.
3. The principles of parliamentary system of government are not detailed in the Constitution; but
two Articles (163 and 164) deal with them in a broad, sketchy and general manner.
4. Article 163 deals with the status of the council of ministers while Article 164 deals with the
appointment, tenure, responsibility, qualifications, oath and salaries and allowances of the
ministers.

CONSTITUTIONAL PROVISIONS
Article 163Council of Ministers to aid and advise Governor
1. There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the
Governor in the exercise of his functions, except in so far as he is required to exercise his functions
in his discretion.
2. If any question arises whether a matter falls within the Governors discretion or not, decision of the
Governor shall be final, and the validity of anything done by the Governor shall not be called in
question on the ground that he ought or ought not to have acted in his discretion.
3. The advice tendered by Ministers to the Governor shall not be inquired into in any court.

Article 164Other Provisions as to Ministers

1. The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed
by the Governor on the advice of the Chief Minister. However, in the states of Chhattisgarh,
Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare who
may in addition be in charge of the welfare of the scheduled castes and backward classes or any
other work.
2. The state of Bihar was excluded from this provision by the 94th Amendment Act of 2006.
3. The total number of ministers, including the chief minister, in the council of ministers in a state
shall not exceed 15 per cent of the total strength of the legislative assembly of that state.
4. But, the number of ministers, including the chief minister, in a state shall not be less than 12.
5. This provision was added by the 91st Amendment Act of 2003.
6. A member of either House of state legislature belonging to any political party who is disqualified
on the ground of defection shall also be disqualified to be appointed as a minister.
7. The provision was also added by the 91st Amendment Act of 2003.
8. The ministers shall hold office during the pleasure of the Governor.
9. The council of ministers shall be collectively responsible to the state Legislative Assembly.
10. The Governor shall administer the oaths of office and secrecy to a minister.
11. A minister who is not a member of the state legislature for any period of six consecutive months
shall cease to be a minister.
12. The salaries and allowances of ministers shall be determined by the state legislature.

Article 166Conduct of Business of the Government of a State

1. All executive action of the Government of a State shall be expressed to be taken in the name of the
Governor.
2. Orders and other instruments made and executed in the name of the Governor shall be
authenticated in such manner as may be specified in rules to be made by the Governor.

10 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 3. Further, the validity of an order or instrument which is so authenticated shall not be called in
question on the ground that it is not an order or instrument made or executed by the Governor.
4. The Governor shall make rules for the more convenient transaction of the business of the
government of the state, and for the allocation among ministers of the said business in so far as it
is not business with respect to which the Governor is required to act in his discretion.

Article 167Duties of Chief Minister

It shall be the duty of the Chief Minister of each state
1. To communicate to the governor of the state all decisions of the council of ministers relating to the
administration of the affairs of the state and proposals for legislation
2. To furnish such information relating to the administration of the affairs of the state and proposals
for legislation as the governor may call for
3. If the governor so requires, to submit for the 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

NATURE OF ADVICE BY MINISTERS

1. Article 163 provides for a council of ministers with the chief minister at the head to aid and advise
the governor in the exercise of his functions except the discretionary ones.
2. If any question arises whether a matter falls within the governors discretion or not, the decision
of the governor is final and the validity of anything done by him cannot be called in question on
the ground that he ought or ought not to have acted in his discretion.
3. Further, the nature of advice tendered by ministers to the governor cannot be enquired by any
court.
4. This provision emphasises the intimate and the confidential relationship between the governor
and the ministers.
5. In 1971, the Supreme Court ruled that a council of ministers must always exist to advise the
governor,
6. even after the dissolution of the state legislative assembly or resignation of a council of ministers.
7. Hence, the existing ministry may continue in the office until its successor assumes charge.
8. Again in 1974, the Court clarified that except in spheres where the governor is to act in his
discretion, the governor has to act on the aid and advice of the council of ministers in the exercise
of his powers and functions.
9. He is not required to act personally without the aid and advice of the council of ministers or
against the aid and advice of the council of ministers.
10. Wherever the Constitution requires the satisfaction of the governor, the satisfaction is not the
personal satisfaction of the governor but it is the satisfaction of the council of ministers.

APPOINTMENT OF MINISTERS
1. The chief minister is appointed by the governor. The other ministers are appointed by the
governor on the advice of the chief minister.
2. This means that the governor can appoint only those persons as ministers who are recommended
by the chief minister.
3. But, there should be a tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh and
Odisha1. Originally, this provision was applicable to Bihar, Madhya Pradesh and Odisha. The 94th
Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare minister as
there are no Scheduled Areas in Bihar now and the fraction of population of the Scheduled Tribes
is very small.
4. The same Amendment also extended the above provision to the newly formed states of
Chhattisgarh and Jharkhand.

11 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 5. Usually, the members of the state legislature, either the legislative assembly or the legislative
council, are appointed as ministers.
6. A person who is not a member of either House of the state legislature can also be appointed as a
minister. But, within six months, he must become a member (either by election or by nomination)
of either House of the state legislature, otherwise, he ceases to be a minister.
7. A minister who is a member of one House of the state legislature has the right to speak and to take
part in the proceedings of the other House. But, he can vote only in the House of which he is a
member.

OATH AND SALARY OF MINISTERS

Before a minister enters upon his office, the governor administers to him the oaths of office and secrecy.
In his oath of office, the minister swears:
1. to bear true faith and allegiance to the Constitution of India,
2. to uphold the sovereignty and integrity of India,
3. to faithfully and conscientiously discharge the duties of his office, and
4. to do right to all manner of people in accordance with the Constitution and the law, without fear or
favour, affection or ill-will.
In his oath of secrecy, the minister swears that he will not directly or indirectly communicate or reveal to
any person(s) any matter that is brought under his consideration or becomes known to him as
a state minister except as may be required for the due discharge of his duties as such minister.
The salaries and allowances of ministers are determined by the state legislature from time to time.
A minister gets the salary and allowances which are payable to a member of the state legislature.
Additionally, he gets a sumptuary allowance (according to his rank), free accommodation, travelling
allowance, medical facilities, etc.

RESPONSIBILITY OF MINISTERS
Collective Responsibility
1. The fundamental principle underlying the working of parliamentary system of government is the
2. principle of collective responsibility. Article 164 clearly states that the council of ministers is
collectively responsible to the legis-lative assembly of the state. This means that all the ministers
own joint responsibility to the legislative assembly for all their acts of omis-sion and commission.
3. They work as a team and swim or sink together. When the legislative assembly passes a no
confidence
4. motion against the council of ministers, all the mini-sters have to resign including those ministers
who are from the legislative council2. Alternatively, the council of ministers can advice the
governor to dissolve the legislative assembly on the ground that the House does not represent the
views of the electorate faithfully and call for fresh elections. The governor may not oblige the
council of ministers which has lost the confidence of the legislative assembly.
5. The principle of collective responsibility also mean that the cabinet decisions bind all cabinet
ministers (and other ministers) even if they deferred in the cabinet meeting. It is the duty of every
minister to stand by the cabinet decisions and support them both within and outside the state
legislature. If any minister disagrees with a cabinet decision and is not prepared to defend it, he
must resign.
6. Several ministers have resigned in the past owing to their differences with the cabinet.

Individual Responsibility
1. Article 164 also contains the principle of individual responsibility. It states that the ministers hold
2. office during the pleasure of the governor.
3. This means that the governor can remove a minister at a time when the council of ministers enjoys
the confidence of the legislative assembly.
4. But, the governor can remove a minister only on the advice of the chief minister.

12 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 5. In case of difference of opinion or dissatisfaction with the performance of a minister, the chief
minister can ask him to resign or advice the governor to dismiss him.
6. By exercising this power, the chief minister can ensure the realisation of the rule of collective
responsibility.

No Legal Responsibility
1. As at the Centre, there is no provision in the Constitution for the system of legal responsibility of
the minister in the states.
2. It is not required that an order of the governor for a public act should be countersigned by a
minister.
3. Moreover, the courts are barred from enquiring into the nature of advice rendered by the
ministers to the governor.

COMPOSITION OF THE COUNCIL OF MINISTERS

1. The Constitution does not specify the size of the state council of ministers or the ranking of
ministers.
2. They are determined by the chief minister according to the exigencies of the time and
requirements of the situation.
3. Like at the Centre, in the states too, the council of ministers consists of three categories of
ministers, namely, cabinet ministers, ministers of state, and deputy ministers.
4. The difference between them lies in their respective ranks, emoluments, and political importance.
5. At the top of all these ministers stands the chief ministersupreme governing authority in the
state.
6. The cabinet ministers head the important departments of the state government like home,
education, finance, agriculture and so forth.
7. They are members of the cabinet, attend its meetings and play an important role in deciding
policies. Thus, their responsibilities extend over the entire gamut of state government.
8. The ministers of state can either be given independent charge of departments or can be attached
to cabinet ministers.
9. However, they are not members of the cabinet and do not attend the cabinet meetings unless
specially invited when something related to their departments are considered by the cabinet.
10. Next in rank are the deputy ministers.
11. They are not given independent charge of departments.
12. They are attached to the cabinet ministers and assist them in their administrative, political and
parliamentary duties.
13. They are not members of the cabinet and do not attend cabinet meetings.
14. At times, the council of ministers may also include a deputy chief minister.
15. Thus, Andhra Pradesh had the office of deputy chief minister till 1956.
16. This post was created in West Bengal in 1967.
17. More recently, Rajasthan, Madhya Pradesh and Karnataka have created this office.
18. The deputy chief ministers are appointed mostly for local political reasons.

Cabinet
A smaller body called cabinet is the nucleus of the council of ministers. It consists of only the cabinet
ministers. It is the real centre of authority in the state government. It performs the following role:
1. It is the highest decisionmaking authority in the politico-administrative system of a state.
2. It is the chief policy formulating body of the state government.
3. It is the supreme executive authority of the state government.
4. It is the chief coordinator of state administration.
5. It is an advisory body to the governor.

13 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 6. It is the chief crisis manager and thus deals with all emergency situations.
7. It deals with all major legislative and financial matters.
8. It exercises control over higher appointments like constitutional authorities and senior
9. secretariat administrators.

Cabinet Committees
1. The cabinet works through various committees called cabinet committees. They are of two types
2. standing and ad hoc.
3. The former are of a permanent nature while the latter are of a temporary nature.
4. They are set up by the chief minister according to the exigencies of the time and requirements of
the situation.
5. Hence, their number, nomenclature and comp-osition varies from time to time.
6. They not only sort out issues and formulate proposals for the consideration of the cabinet but also
take decisions.
7. However, the cabinet can review their decisions.

Articles Related to State Council of Ministers at a Glance

Article No. Subject-matter
163. Council of Ministers to aid and advise Governor
164. Other provisions as to Ministers
166. Conduct of business of the Government of a State
167. Duties of Chief Minister as respects the furnishing of information to Governor, etc.

1. They may, in addition, be in charge of the welfare of the SCs and BCs or any other work.
2. Each minister need not resign separately; the resignation of the chief minister amounts to the
Resignation of the entire council of ministers.
3. The term ministry or ministries is used only in the centre and not in the states.
4. In other words, the state government is divided into departments and not ministries.

STATE LEGISLATURE
1. In most of the States, the Legislature consists of the Governor and the Legislative Assembly
(Vidhan Sabha).
2. This means that these State have unicameral Legislature.
3. In a few States, there are two Houses of the Legislature namely, Legislative Assembly (Vidhan
Sabha) and Legislative council (Vidhan Parishad) besides the Governor.
4. Where there are two Houses, the Legislature, is known as bicameral.
5. Five States have the bicameral, legislature.
6. The Lagislative Assembly is known as lower House or popular House.
7. The Legislative Council is known as upper House.
8. Just as Lok Sabha has been made powerful at the Union level, the Legislative Assembly has been
made a powerful body in the States.

Legislative Assembly (Vidhan Sabha)

1. There is a Legislative Assembly (Vidhan Sabha) in every State.
2. It represents the people of State.
3. The members of Vidhan Sabha are directly elected by people on the basis of universal adult
franchise. They are directly elected by all adult citizens registered as voters in the State.
4. All men and women who are 18 years of age and above are eligible to be included in the voters
List.
5. They vote to elect members of State Assembly.
14 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)
 6. Members are elected from territorial constituencies.
7. Every State is divided into as many (single member) constituencies as the number of members to
be elected.
8. As in case of Lok Sabha, certain number of seats are reserved for Scheduled Castes, and in some
States for Scheduled Tribes also.
9. This depends on population of these weaker sections in the State.
10.In order to become a Member of Vidhan Sabha a person must:
a) be a citizen of India;
b) have attained the age of 25 years;
c) his/her name must be in voters list;
d) must not hold any office of profit i.e.; should not be a government servant.
11. The number of Vidhan Sabha members cannot be more than 500 and not less than 60.
12. However, very small States have been allowed to have lesser number of members.
13. Thus Goa has only 40 members in its Assembly.
14. Uttar Pradesh (is a big state even after creation of Uttaranchal from this state in 2002) has 403
seats in the Assembly.
15. The Governor of the State has the power to nominate one member of Anglo-Indian community if
this community is not adequately represented in the House.
16. As in case of the Lok Sabha, some seats are reserved for the members of Scheduled Castes and
Schedule Tribes.
17. The tenure of Vidhan Sabha is five years, but the Governor can dissolve it before the completion of
its term on the advice of Chief Minister.
18. It may be dissolved by the President in case of constitutional emergency proclaimed under Article
356 of the Constitution.
19. In case of proclamation of national emergency (under Article 352) the Parliament can extend the
term of the Legislative Assemblies for a period not exceeding one year at a time.

Presiding Officer (The Speaker)

1. The members of Vidhan Sabha elect their presiding officer.
2. The Presiding officer is known as the Speaker.
3. The Speaker presides over the meatings of the House and conducts its proceedings.
4. He maintains order in the House, allows the members to ask questions and speak.
5. He puts bills and other measures to vote and announces the result of voting.
6. The Speaker does not ordinarily vote at the time of voting. However, he may exercise casting vote
in case of a tie.
7. The Deputy Speaker presides over the meeting during the absence of the Speaker.
8. He is also elected by the Assembly from amongst its members.
9. A tie means that equal numbers of members have voted in favour and against a bill or resolution. To
break the tie, casting vote is exercised by the presiding officer of the Legislative Assembly.

Legislative Council (Vidhan Parishad)

1. Vidhan Parishad is the upper House of the State Legislature.
2. It is not in existence in very State.
3. Very few States have bicameral Legislature that means having two Houses.
4. At present five states viz. Utter Pradesh, Bihar, Karnataka, Maharashtra and Jammu &
Kashmir have Vidhan Parishad while, remaining 23 States have one House, i.e. Vidhan Sabha.
5. Legislative Councils are legacy of the British period.
6. The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative
Assembly of the State passes a resolution to this effect by a majority of the total membership of the
Assembly and by a majority of not less than two thirds of the members of the Assembly present
and voting, and sends the resolution to the Parliament.

15 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 7. Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a
resolution by similar majority and send it to Parliament.
8. In this situation Parliament resolves to abolish the concerned Legislative Council. Accordingly,
Councils of Punjab, Andhra Pradesh, Tamil Nadu and West Bengal were abolished.
9. According to the Constitution, the total number of members in the Vidhan Parishad of a State
should not exceed one-third of the total number of members of Vidhan Sabha but this number
should not be less than 40.
10. The Jammu & Kashmir is an exception where Vidhan Parishad has 36 members.
11.In order to be a member of the Legislative Council the person concerned should be a citizen
of India:
a) have attained the age of 30 years;
b) be a registered voter in the State;
c) not hold any office of profit.

12. The Vidhan Parishad is partly elected and partly nominated.

13. Most of the members are indirectly elected in accordance with the principle of proportional
representation by means of single transferable vote system.
14. Different categories of members represent different interests.
15. The composition of the Legislative Council is as follows:
a) One-third members of the Council are elected by the members of the Vidhan Sabha.
b) One-third of the members of the Vidhan Parishad are elected by the electorates
consisting of members of Municipalities, District Boards and other local bodies in the
State;
c) One-twelfth members are elected by the electorate consisting of graduates in the State
with a standing of three years;
d) One-twelfth members are elected by the electorate consisting of teachers of educatioal
institutions within the State not lower in standard than a secondary school who have
teaching experience of at least three years;
e) The remaining, i.e. about one-sixth members are nominated by the Governor from
amongst the persons having special knowledge in the sphere of literature, science, arts,
co-operative movement and social service.
16. The Vidhan Parishad, like Rajya Sabha is a permanent House.
17. It is never dissolved. The tenure of its members is six years. One-third of its members retire after
every two years.
18. The retiring members are eligible for re-election.
19. In case of vacancy arising out of resignation or death by-election is held for the remaining period
of such members tenure.

Chairman of the Legislative Council (Presiding Officer)

1. The presiding officer of the Vidhan Parishad (Legislative Council) is known as the Chairman, who
is elected by its members.
2. The business of Vidhan Parishad is conducted by the Chairman.
3. He presides over the meetings and maintains discipline and order in the House.
4. In addition to his vote as a member, he can exercise his casting vote in case of a tie.
5. In his absence, Deputy Chairman presides over the House.
6. He is also elected by the members of the Parishad from amongst themselves.
Sessions of The State Legislature
1. The State Legislature meets at least twice a year and the inteval between two sessions cannot be
more than six months.
2. The Governor summons and prorogues the sessions of State Legislature.

16 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 3. He addresses the Vidhan Sabha or both Houses (if there is bi-cameral Legislature) at the
commencement of the first session after each general election and at the commencement of the
first session of the year.
4. This address reflects the policy statement of the government which is to be discussed in the
Legislature, and the privileges and immunities of the members of the State Legislature are similar
to that of members of Parliament.

Powers and Functions of The State Legislature

1) Law Making Function
a) The primary function of the State Legislature, like the Union Parliament, is law-making.
b) The State Legislature is empowered to make laws on State List and Concurrent List.
c) The Parliament and the Legislative Assemblies have the right to make the laws on the
subjects mentioned in the Concurrent List.
d) But in case of contradiction between the Union and State law on the subject the law made
by the Parliament shall prevail.
e) Bills are of two types-Ordinary bills and Money bills.
f) Ordinary bills can be introduced in either of the Houses (if the State Legislature is
bicameral), but Money bill is first introduced in the Vidhan Sabha.
g) After the bill is passed by both Houses, it is sent to the Governor for his assent.
h) The Governor can send back the bill for reconsideration. When this bill is passed again by
the Legislature, the Governor has to give his assent.
i) You have read when the Parliament is not in session and if there is a necessity of certain
law, the President issues Ordinance.
j) Similarly, the Governor can issue an Ordinance on the State subjects when legislature is not
in session. The Ordinances have the force of law.
k) The Ordinances issued are laid before the State Legislature when it reassembles.
l) It ceases to be in operation after the expirty of six weeks, unless rejected by the Legislature
earlier.
m) The Legislature passes a regular bill, to become a law, to replace the ordinance.
n) This is usually done within six weeks after reassembly of Legislature.

2) Financial Powers
a) The State Legislature keeps control over the finances of the State.
b) A money bill is introduced first only in the Vidhan Sabha.
c) The money bill includes authorisation of the expenditure to be incurred by the government,
imposition or abolition of taxes, borrowing, etc.
d) The bill is introduced by a Minister on the recommendations of the Governor.
e) The money bill cannot be introduced by a private member.
f) The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
g) After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad.
h) It has to return this bill within 14 days with, or without, its recommendations.
i) The Vidhan Sabha may either accept or reject its recommendations.
j) The bill is deemed to have been passed by both Houses.
k) After this stage, the bill is sent to the Governor for his assent.
l) The Governor cannot withhold his assent, as money bills are introduced with his prior
approval.

3) Control over the Executive

a) Like the Union Legislature, the State Legislature keeps control over the executive.
b) The Council of Ministers is responsible to Vidhan Sabha collectively and remains in the
office so long as it enjoys the confidence of the Vidhan Sabha.

17 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 c) The Council is removed if the Vidhan Sabha adopts a vote of no-confidence, or when it
rejects a government bill.
d) In addition to the no-confidence motion, the Legislature keeps checks on the government
by asking questions and supplementary questions, moving adjournment motions and
calling attention notices.

4) Electoral Functions
a) The elected members of the Vidhan Sabha are members of the Electoral College for the
election of the President of India.
b) Thus they have say in the election of the President of the Republic (see Lesson No. 10) The
members of the Vidhan Sabha also elect members of the Rajya Sabha from their respective
States.
c) One-third members of the Vidhan Parishad (if it is in existence in the State) are also elected
by the members of the Vidhan Sabha.
d) In all these elections, members of the Vidhan Sabha (Assembly) cost their votes in
accordance with single transferable vote system.

5) Constitutional Functions
a) You have learnt about the procedure of amendment of the Constitution.
b) An Amendment requires special majority of each House of the Parliament and ratification
by not less than half of the States relating to Federal subjects.
c) The resolution for the ratification is passed by State Legislatures with simple majority.
d) However, a constitutional amendment cannot be initiated in the State Legislature.

HIGH COURTS AND SUBORDINATE COURTS

The State High Courts
1. At present there are 21 High Courts for 28 States and seven Union Territories.
2. The High Courts are the highest courts at State level, but being part of integrated Indian judiciary
they work under the superintendence, direction and control of the Supreme Court.
Composition
1. There is a High Court for each State.
2. However, there can be a common High Court for two or more States.
For example, the States of Punjab and Haryana and the Union Territory Structure of Government
of Chandigarh have a common High Court situated at Chandigarh. Similarly, the High Court of
Guwahati is common for seven northeastern States of Assam, Nagaland, Manipur, Meghalaya,
Mizoram, Tripura and Arunachal Pradesh. Delhi, though not a State, has its own separate High
Court.
3. Every High Court has a Chief Justice and a number of judges.
4. The number of judges varies from State to State.
5. The number of judges of each High Court is determined by the President.
6. The judges of the High Courts are appointed by the President of India.
7. While appointing Chief Justice of a High Court, the President has to consult the Chief Justice of the
Supreme Court and the Governor of the State concerned.
8. While appointing other judges, the President consults the Chief Justice of the Supreme Court, the
Chief Justice of the High Court and Governor of the State concerned.
9. The judges can be transferred from one High Court to another by the President.
10. As mentioned earlier, consultation with the Chief Justice of the Supreme Court in respect of
appointments and transfers of the judges of the High Court is also obligatory and binding for the
President.

18 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 11. While the constitutional status of the President remains intact, the actual selection of judges is
made by a team of senior judges of the Supreme Court, headed by the Chief Justice of India in
accordance with 1993 ruling as reinterpreted in 1999 by the Supreme Court.
12. This is known as Collegium of the Supreme Court.
13. Its recommendations are binding on the President.

Qualifications, Tenure and Removal of the Judges

1. In order to be appointed as a judge of a High Court, the person concerned should possess following
qualifications:
(i) He or she should be a citizen of India.
(ii) He or she should have held a judicial office, at the district level or below for at least ten
years. OR He or she should have been an advocate in one or more High Courts for at
least ten years continuously without break.
2. Once appointed, the High Court judges hold office till they attain the age of 62 years.
3. After retirement, they may be appointed judges of the Supreme Court or they may practice as
advocates either in the Supreme Court or in any High Court other than the High Court in which
they served as judges.
4. A High Court judge may be removed before he or she attains the age of 62 years, only on the
ground of incapacity or proved misbehaviour.
5. He or she may be removed if both the Houses of Parliament adopt a resolution by a majority of
their total membership and by two thirds majority of members present and voting, separately in
each House in the same session.
6. Such a resolution is submitted to the President, who then can remove the concerned judge.
7. This procedure is same as for removal of judges of the Supreme Court.

Powers and Jurisdiction of the High Court

1. The High Courts have the power to hear and decide cases which are brought directly to it.
2. This power is called Original Jurisdiction.
3. When a High Court hears an appeal against the decision of a lower court, it is called Appellate
Jurisdiction.
4. A High Court is mostly a court of appeal.
5. Appeals in both civil and criminal cases are brought to it against the decisions of the lower courts.

Original Jurisdiction
1. The original jurisdiction of the High Courts is very limited.
2. Cases of alleged violation of fundamental rights can be started in High Courts, or in the Supreme
Court. The High Courts have the power to issue orders to restore the fundamental rights of the
people.
3. You will recall that these orders are called writs.

Power to Issue Writs:

1. You have read in the Right to Constitutional Remedies in the lesson on Fundamental Rights that
the Supreme Courts and High Courts can issue writs to ensure that rights of the people are not
violated either by State or otherwise.
2. The Constitution has specifically given the power to issue certain writs to the High Courts.
3. These Courts can issue writs (which are binding directions of the Court) to any person or
authority, including government of the State concerned.
4. The writs in the nature of Habeas, Corpus, mandamus, prohibition, quo warranto, and
certiorari for the enforcement of rights of the people.
5. This power is exercised in the original jurisdiction of the High Court, and is not derogatory to
similar power of the Supreme Court.

19 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 6. A High Court can hear election petition in its original jurisdiction, challenging the election of a
Member of Parliament or State Legislative Assembly.
7. It can set aside the election of a member if it finds that he or she used corrupt means in his or her
election.
8. All the lower courts function under the superintendence control and guidance of the High Court in
the State.
9. High Courts hear appeals against the judgements of the subordinate courts.
10. In civil cases, appellate jurisdiction extends to all such cases which involve an amount exceeding
Rs. 5 lakh.
11. Any party to a civil dispute, which is dissatisfied with the decision of the District Court may appeal
against the decision of the District Court in the High Court.
12. It Structure of Government also hears cases relating to patents and designs, succession, land
acquisition, insolvency and guardianship.
13. The High Courts hear and decide appeals against decisions of the sessions courts in criminal cases.
14. An accused who is found guilty by a sessions court, and awarded a sentence may file an appeal
against the verdict of the sessions court.
15. Sometimes even State may appeal against a sessions court judgement for enhancement of
punishment. The High Court may accept the decision of the sessions court, or alter it and increase
or reduce the sentence, or change the nature of sentence, or may acquit an accused.
16. However, if an accused is awarded death sentence by the sessions court, the sentence must be
confirmed by the High Court before the person is hanged to death.
17. Even if the accused does not file an appeal against death sentence, the State refers it to the High
Court for confirmation.

Transfer of Cases to the High Court

1. If a High Court is satisfied that a case pending in a subordinate court involves a substantial
question of law as to the interpretation of the Constitution, the High Court may withdraw such a
case from the lower court.
2. After examining the case, the High Court may either dispose it off itself, or may return it to the
lower court with instructions for disposal of the case.

Superintendence of Subordinate Courts

1. A High Court has the right of superintendence and control over all the subordinate courts in all the
matter of judicial and administrative nature.
2. In the exercise of its power of superintendence, the High Court may call for any information from
the lower courts; may make and issue general rules and prescribe norms for regulating the
practice and proceedings of these courts; and it may issue such directions, from time to time, as it
may deem necessary.
3. It can also make rules and regulations relating to the appointment, demotion, promotion and leave
of absence for the officers of the subordinate courts.

Court of Record
1. A High Court is also a court of record, like the Supreme Court.
2. Lower courts in a State are bound to follow the decisions of the High Court which are cited as
precedents.
3. A High Court has also the power to punish for its contempt or disrespect.

20 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

Subordinate or Lower Courts in Districts

In each district of India there are various types of subordinate or lower courts.
They are civil courts, criminal courts and revenue courts. These Courts hear civil cases, criminal cases
and revenue cases, respectively.
1. Civil cases pertain to disputes between two or more persons regarding property, breach of
agreement or contract, divorce or landlord tenant disputes.
2. Civil Courts settle these disputes.
3. They do not award any punishment as violation of law is not involved in civil cases.

1. Criminal cases relate to violation of laws.

2. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc.
3. These cases are filed in the lower court by the police, on behalf of the state, againt the accused.
4. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even
death sentence.

1. Revenue cases relate to land revenue on agriculture land in the district.

Qualifications and Appointment of Judges

2. The judges of subordinate courts are appointed by the Governor in consultation with the Chief
Justice of the High Court of the concerned State.
3. These days, in most of the States judicial service officers including the magistrates are selected
through competitive examinations held by the State Public Service Commission.
4. They are finally appointed by the Governor.
5. Any person who has been an advocate for at least seven years or one who is in the Structure of
Government service of the State or the Central Government is eligible to be a judge of the District
Court provided he/she possess the required legal qualifications.

Civil Courts
1. The Court of the District Judge is the highest civil court in a district to deal with civil cases.

21 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)

 2. Very often the same court is called the Court of District and Sessions Judge, when it deals with
both civil and criminal cases at the district level.
3. The judge of this court is appointed by the Governor of the State.
4. Below the Court of District Judge, there may be one or more courts of sub judges in the district.
5. Separate family courts, which are equal to courts of sub judge, have been established in districts to
exclusively hear cases of family disputes, like divorce, custody of children, etc.
6. Below them there are courts of munsifs and small causes courts which decide cases involving
petty amounts.
7. No appeal can be made against the decisions of the small causes courts.
8. All these courts hear and settle civil disputes. The Court of the District Judge (called the District
Courts) hears not only appeals against the decisions of the courts of sub judges, but also some of
the cases begin directly in the Court of District Judge itself.
9. Appeals against the decisions of this court may be heard by the High Court of the State.
10. Civil Courts deal with cases pertaining to disputes between two or more persons regarding
property, divorce, contract, and breach of agreement or landlord tenant disputes.

Criminal Courts
1. The Court of the Sessions Judge (known as Sessions Courts) is the highest court for criminal cases
in a district.
2. Below this court, there are courts of magistrates of First, Second and Third class. In metropolitan
cities like Delhi, Calcutta, Mumbai and Chennai, First Class Magistrates are called Metropolitan
Magistrates.
3. All these criminal courts are competent to try the accused and to award punishment, as
sanctioned by law, to those who are found guilty of violation of law.
4. Criminal Courts hear criminal cases which are related to violation of laws.
5. These cases involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder etc.
6. In such cases the guilty person is awarded punishment. It may be fine, imprisonment or even
death sentence.
7. Normally every accused is presented by the police before a magistrate.
8. The magistrate can finally dispose off cases of minor crime. But, when a magistrate finds prima-
facie case of serious crime he/she may commit the accused to the sessions court.
9. Thus, sessions courts try the accused who are sent upto them by the magistrate concerned.
10. As mentioned above, an accused who is awarded death sentence by the sessions court, can be
hanged to death only after his sentence is confirmed by the High Court.

Revenue Courts
1. Revenue courts deal with cases of land revenue in the State.
2. The highest revenue court in the district is the Board of Revenue. Under it are the Courts of
Commissioners, Collectors, Tehsildars and Assistant Tehsildars.
3. The Board of Revenue hears the final appeals against all the lower revenue courts under it.

22 | R a j e s h THE CONSTITUTION OF INDIA (UNIT-III)