KNC 501 (Unit 2)

PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III
CONSTITUTION OF INDIA, LAW & ENGINEERING

(KNC 501)
Module 2
Union Executive and State Executive
TOPICS
I. Powers of Indian Parliament:
 Functions of Rajya Sabha,
 Functions of Lok Sabha,
 Powers and Functions of the President,
 Comparison of powers of Indian President with the United States,
 Powers and Functions of the Prime Minister,
II. Judiciary:
 The Independence of the Supreme Court,
 Appointment of Judges,
 Judicial Review,
 Public Interest Litigation (PIL),
 Judicial Activism,
 Lok Pal, Lok Ayukta, The Lok pal and Lok ayuktas Act 2013,
III. State Executives:

 Powers and Functions of the Governor,
 Powers and Functions of the Chief Minister,
 Functions of State Cabinet,
 Functions of State Legislature,
 Functions of High Court and Subordinate Courts.
Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Power & Functions of Rajya Sabha

Following are the functions of Rajya Sabha:
1. Legislative Powers
2. Financial Powers
3. Executive Powers
4. Electoral Powers
5. Amendment Power
6. Judicial power
7. Miscellaneous Powers
1. Legislative Powers:
 In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers
with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha
and it cannot become a law unless passed by it.
 In case of a deadlock between the two Houses of Parliament over an

ordinary bill and if it remains unresolved for six months, the President can
convene a joint sitting of the two Houses for resolving the deadlock.
 This joint sitting is presided over by the Speaker of the Lok Sabha. If the
bill is passed in the joint sitting, it is sent to the President for his
signatures. But if the deadlock is not resolved, the bill is deemed to have
been killed.
2. Financial Powers:
 In the financial sphere, the Rajya Sabha is a weak House. A money bill
cannot be introduced in the Rajya Sabha. It can be initiated only in the
Lok Sabha. A money bill passed by the Lok Sabha comes before the
Rajya Sabha for its consideration.
 However, if within a period of 14 days, the Rajya Sabha fails to pass the
bill, the bill is taken to have been passed by the Parliament irrespective
of the fact whether the Rajya Sabha has passed it or not.
 If the Rajya Sabha proposes some amendments and the bill is returned
to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the
proposed amendments.
3. Executive Powers:
 “The Union Council of Ministers is collectively responsible before the Lok
Sabha and not the Rajya Sabha.” Lok Sabha alone can cause the fall of
the Council of Ministers by passing a vote of no-confidence.

 Although the Rajya Sabha cannot remove the Ministry from its office yet
the members of the Rajya Sabha can exercise some control over the
ministers by criticizing their policies, by asking questions and
supplementary questions and by moving adjournment motion.
4. Electoral Powers:
 The Rajya Sabha has some electoral powers also. The elected members of
the Rajya Sabha along with the elected members of the Lok Sabha and
all the State Legislative Assemblies together elect the President of India.
 The members of the Rajya Sabha Lok Sabha together elect the Vice-
President of India. Members of the Rajya Sabha also elect a Deputy
Chairman from amongst themselves.
5. Amendment Powers:
 Rajya Sabha and Lok Sabha can together amend the constitution by
passing an amendment bill with 2/3 majority in each House.
6. Judicial Powers:
 The Rajya Sabha acting along with the Lok Sabha can impeach the
President on charges of violation of the Constitution.
 The charges against the Vice-President can be leveled only in the Rajya
Sabha.
 The Rajya Sabha can pass a resolution for the removal of some high
officers like the Attorney General of India, Comptroller and Auditor
General and Chief Election Commissioner.
7. Miscellaneous Powers:
 Approval of the ordinances issued by the President,
 Ratification of an emergency proclamation,
 Making any change in the jurisdiction of the Supreme Court and the
High Courts, and
 Making any change in the qualifications for the membership of the Lok
Sabha and the Rajya Sabha.
8. Two Special Powers of Rajya Sabha:

 The Power to declare a subject of State List as a subject of National
Importance
 Power in respect of Creation or Abolition of an All India Service.

Power & Functions of Lok Sabha

Following are the functions of Rajya Sabha:
2. Financial Powers
3. Executive Powers
4. Amendment Power
5. Judicial power
6. Approval over the declaration of Emergency
 The Lok Sabha together with the Rajya Sabha has the power to frame
laws on subjects in the union list, concurrent list, and the residuary
subjects.
 Although ordinary bill can be introduced in either of two houses of the

Parliament, yet almost 95% of the bills are introduced in the Lok Sabha.
 In a Joint session due to deadlock, the Lok Sabha dominates the show
because of its large membership. Hence the Lok Sabha has a dominant
position.
 The Lok Sabha has a superior position in the financial matter as a
money bill can only be introduced in the Lok Sabha.
 A money bill can only be delayed by the Rajya Sabha for a maximum of
14 days.
 In case of any dispute as to whether a particular bill is money bill or not

the decision of the speaker of the Lok Sabha is final.
 Under article 75(3) of, constitution council of the minister has been made
responsible to the House of people that is Lok Sabha. The council of
minister remains in office till it enjoys the confidence of the Lok Sabha if,
it loses the confidence of Lok Sabha the Council of Ministers shall have
to resign.
 Thus, the Lok Sabha enjoys the power over life and death of the council
of minister.

4. Amendment Powers:
 A Constitutional Amendment Bill can be introduced in either House of
the Parliament. It is deemed to have been passed only when it is passed
by both the houses of the parliament in accordance with the provision of
Article 368 of the constitution.
 The Lok Sabha and Rajya Sabha can together amend all articles of the
Constitution with the exception of those which requires special approval
by one half of the state legislature.
5. Judicial Powers:
 The charges of impeachment against President, Judges of Supreme Court
and the High court can be framed in either of two houses by a two-thirds
majority of the members present voting.
 Though the impeachment charges against the Vice President of India by

Rajya Sabha, it is essential that regulation is passed by the Lok Sabha
also.
 In case of the violation of the discipline in the Lok Sabha, the members
are free to take action against the defaulting members.
6. Approval over the declaration of Emergency:

 The constitution empowers the Indian President to declare three Types of
emergencies.
a. National Emergency- Article 352

b. Constitutional emergency- Article 356
c. Financial emergency -Article 360
 But each such a declaration of emergency has to be got approved by both
of the houses of parliament.
 In case the Lok Sabha dissolved at the time of the declaration of

emergency it, has to be approved by the Rajya Sabha.
 It gives approval to the ordinance issued by the president.
 It changes the boundary of state, to establish new states and change the
name of States.
 It makes changes in the jurisdiction of the Supreme court and Highcourt

according to the provision of the constitution.
 Revising the salary and allowances of the member of the Parliament.
 To discuss the report of UPSC Auditor General of India and finance

commission etc.

Power & Functions of President

 The primary duty of the President is to preserve, protect and defend
the constitution and the law of India as made part of his oath.
 The President is the common head of all independent constitutional

entities.
 All his actions, recommendations and supervisory powers over the

executive and legislative entities of India shall be used in accordance to
uphold the constitution.
 There is no bar on the actions of the President to contest in the court of

law.
The constitutional Powers and Functions of the President of India may be

classified into Seven Principal types.
1. Executive Power
2. Legislative Power
3. Financial Power
4. Judicial Power
5. Diplomatic Power
6. Emergency Power
7. Military Power
 For every executive action that the Indian government takes, is to be
taken in his name
 He may/may not make rules to simplify the transaction of business of
the central government
 He appoints the attorney general of India and determines his
remuneration
 He seeks administrative information from the Union government.
 He appoints inter-state council.
 He appoints administrators of union territories
 He can declare any area as a scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas.
 He appoints National Commissions of SC, ST, OBC.
 He summons or prorogues Parliament and dissolve the Lok Sabha.
 He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock.
 He addresses the Indian Parliament at the commencement of the first
session after every general election.
 He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall vacant.

 He nominates 12 members of the Rajya Sabha.

 He can nominate two members to the Lok Sabha from the Anglo-Indian
Community.
 He consults the Election Commission of India on questions of
disqualifications of MPs.
 To introduce the money bill, his prior recommendation is a must.
 He causes Union Budget to be laid before the Parliament.
 To make a demand for grants, his recommendation is a pre-requisite.
 Contingency Fund of India is under his control.
 He constitutes the Finance Commission every five year.
4. Judicial Powers:
 Appointment of Chief Justice and Supreme Court/High Court Judges are
on him.
 He takes advises from Supreme Court however, those advise are not
binding on him.
 He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offense against union
law, punishment by a martial court, or death sentence.
5. Diplomatic Powers:
 International Treaties and agreements that are approved by the
Parliament are negotiated and concluded in his name.
 He is the representative of India in international forums and affairs.
6. Emergency Power:
 He deals with three types of emergencies given in the Indian
Constitution:
 National Emergency (Article 352)

 President‟s Rule (Article 356 & 365)
 Financial Emergency (Article 360)
7. Military Power:
 He is the commander of the defense forces of India. He appoints:
 Chief of the Army

 Chief of the Navy
 Chief of the Air Force

Comparison of powers of Indian President with the United States
1. Manner of election:
 US president is more or less directly elected whereas the Indian president
is indirectly elected.
 The advantage of the directly elected head of the government is the

stability of the government.
2. Head of the State:

 The US President is both the Head of the State and Head of the
Government, whereas the Indian president is only the head of the State.
 President of the US is the real executive. Indian President like the British
monarch is only a titular head.
3. Term of Office:
 American President holds the office for 4 years and he can seek re-
election only once, while the Indian president holds the office for 5 years
and is eligible for re-election any number of times.
4. Responsibility to Legislature:
 The US president is not part of any legislature and is not responsible to
the legislatures.
 In India, the Parliament includes the President and the two houses- Lok
Sabha and Rajya Sabha.
5. Removal process:
 Both the American and Indian Presidents can only be removed from the
office through impeachment.
 In India either house can initiate impeachment proceedings against the

president and with the concurrence of the other house can impeach the
President.
6. Independence of Office:
 The Indian President needs to act as per the advice of the Council of
Ministers (CoM) while discharging his duties.
 The American President has the power to determine the policy of his
government independently without any external interference.

7. Veto power:
 Indian President has comparatively lesser veto power than the President
of US.
 The President of US can veto a bill passed by the Congress. He needs to

sign the bill if it is once again passed by two-thirds majority of both the
houses.
 The Indian President on the other hand can send the bill for
reconsideration only once. If the bill is passed again even by a simple
majority in the Parliament he is obliged to sign the bill.
8. State Bills:
 Certain state bills need the previous consent of the president and he
possesses absolute veto power with respect to some types of state bills.
 The US President does not have such powers.
9. Dissolving the legislature:

 The Indian President can dissolve the Parliament while the US President
does not have such powers.

Powers and Functions of the Prime Minister

 The office of the Prime Minister is the most powerful office in India.
 He is the Head of the Government of India. He is the real custodian of all

executive authority.
 Article 75 only says that India shall have a Prime Minister whose
appointment shall be made by the President. The Prime Minister is the
leader of the Council of Ministers.
Power & Function:
1. Formation of the Council of Ministers:

 The task of formation of the ministry begins with the appointment of the
Prime Minister by the President.
 After the appointment of Prime Minister, the President appoints all other
ministers on the advice of the Prime Minister. The PM determines the
strength of his ministry and selects his team of ministers.
2. Allocation of Portfolios:
 It is an undisputed privilege of the Prime Minister to allocate portfolios to
his ministers.
 Which particular department is to be given to which minister is
determined by him.

3. Change of Portfolios:
 The Prime Minister has the power to change the departments (portfolios)
of the ministers at any time.
 It is his privilege to shuffle and re-shuffle his ministry any time and as
many times as he may like.
4. Chairman of the Cabinet:

 The Prime Minister is the leader of the Cabinet. He presides over its
meetings.
 He decides the agenda of its meetings. In fact all matters in the Cabinet
are decided with the approval and consent of the Prime Minister.
 It is up to him to accept or reject proposals for discussions in the

Cabinet.
5. Removal of Ministers:
 The Prime Minister can demand resignation from any minister at any
time, and the latter has to accept the wishes of the former.
 However, if any minister may fail to resign, the Prime Minister can get
him dismissed from the President.
6. Chief Link between the President and the Cabinet:

 The Prime Minister is the main channel of communication between the
President and the Cabinet.
 He communicates to the President all decisions of the Cabinet, and puts

before the Cabinet the views of the President.
7. Chief Coordinator:
 The Prime Minister acts as the general manager of the state and the chief
coordinator.
 It is his responsibility to co-ordinate the activities of all the departments

and to secure co-operation amongst all government departments.
 He resolves all differences, among the ministers.
8. Leader of the Parliament:

 As the leader of the majority in the Lok Sabha, the Prime Minister is also
the leader of the Parliament.
 In this capacity, it is the PM who, in consultation with the Speaker of

this Lok Sabha, decides the agenda of the House.

9. Power to get the Parliament Dissolved:

 The Prime Minister has the power to advise the President in favour of
dissolution of the Lok Sabha.
 This power of dissolution really means that the members hold their seats
in the House at the mercy of the Prime Minister.
10. Director of Foreign Affairs:

 As the powerful and real head of the government, the Prime Minister
always plays a key role in determining Indian foreign policy and relations
with other countries.
 He may or may not hold the portfolio of foreign affairs but he always
influences all foreign policy decisions.
11. Power to get the Parliament Dissolved:

 All important appointments are really made by the Prime Minister.
 These appointments include Governors, Attorney-General, Auditor

General, Members and Chairman of Public Service Commission,
Ambassadors, Consular etc.
 All high ranking appointments and promotions are made by the

President with the advice of the Prime Minister.
12. Role of Prime Minister during an Emergency:

 The emergency powers of the President are in reality the powers of the
Prime Minister.
 The President declares an emergency only under the advice of the

Cabinet, which in reality means the advice of the Prime Minister.
 All decisions taken to meet an emergency are really the decisions of the
Prime Minister.

Independent Indian Judiciary- Supreme court

 Judicial independence is the concept that the judiciary should be
independent from the other branches of government or the politician in
office.
 It is important to the idea of separation of powers.
 The judiciary‟s decision is respected and not interfered with by the other
organs.
 It also means that judges can perform their duties without fear or favour.
Constitutional Provisions:
1. Security of Tenure:
 Once appointed, they continue to remain in office till they reach the age
of retirement which is 65 years in the case of judges of Supreme Court
(Art. 124(2)) and 62 years in the case of judges of the High Courts (Art.
217(1)).
 They cannot be removed from the office except by an order of the
President and that too on the ground of proven misbehavior and
incapacity.
2. Salaries and Allowances:
 The salaries and allowances of the judges is also a factor which makes
the judges independent as their salaries and allowances are fixed and are
not subject to a vote of the legislature.
3. Powers and Jurisdiction of Supreme Court:

 Parliament can only add to the powers and jurisdiction of the Supreme
Court but cannot curtail them.
 Parliament may enhance the appellate jurisdiction of the Supreme Court.
4. Making Judiciary Independent:
 No discussion on conduct of Judge in State Legislature / Parliament.
 No discussion shall take place in Parliament with respect to the conduct
of the judge of Supreme Court or High Court in the discharge of his
duties.
5. Power to Punish for Contempt:
 Both the Supreme Court and the High Court have the power to punish
any person for their contempt.
6. Separation of the Judiciary from the Executive:

 Article 50 contains one of the Directive Principles of State Policy and lies
down that the state shall take steps to separate the judiciary from the
executive in the public services of the state.
 The object behind the Directive Principle is to secure the independence of

the judiciary from the executive.
The Constitution has made the following provisions to safeguard and

ensure the independent and impartial functioning of the Supreme Court:
 Mode of appointment
 Security of tenure
 Fixed service conditions
 Expenses charged on the consolidated fund
 Conduct of judges cannot be discussed
 Ban on practice after retirement
 Power to punish for its contempt
 Freedom to appoint its staff
 Its jurisdiction cannot be curtailed
 Separation from Executive

Appointment of Judges in Supreme Court

 The judges of the Supreme Court are appointed by the President.
Eligibility Criteria for Supreme Court Judge:
The Indian Constitution says in Article 124 that in order to be appointed as a

judge in the Supreme Court of India, the person has to fit in the following
criteria:
 He/She is a citizen of India
 has been for at least five years a Judge of a High Court or of two or more
such Courts in succession; or
 has been for at least ten years an advocate of a High Court or of two or
more such Courts in succession; or
 is, in the opinion of the President, a distinguished jurist.
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:
 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.
 He can resign his office by writing to the President.
 He can be removed from his office by the President on the

recommendation of the Parliament.
Judicial Review
 Judicial review is a process under which “executive or legislative actions
are subject to review by the judiciary”.
 Judicial review plays an important role as a protector when the executive,

judiciary and legislature harm the Constitutional values and deny the
rights.
 The judicial assessment is considered as an indispensable feature in the

country.
 The concept of separation of power and rule of law is judicial review.
 To guard the rights of public and implement the fundamental rights are the
main objects of judicial review.

Judicial review has evolved in three dimensions:
 To protect the legality of essential rights under Part III of the Indian
Constitution.
 To authorize the disinterest of organizational achievement.
 Interrogation of public interest.
Public Interest Litigation (PIL)

 PIL are those litigations “that are conducted as per the common interest
of the public in order to solve a Grievance”.
Genesis and Evolution of PIL in India: Some Landmark Judgments:
 The seeds of the concept of PIL were initially sown in India by Justice
Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
 The first reported case of PIL was Hussainara Khatoon vs. State of
Bihar (1979) that focused on the inhuman conditions of prisons and
under trial prisoners that led to the release of more than 40,000 under
trial prisoners.

 A new era of the PIL movement was heralded by Justice P.N. Bhagawati
in the case of S.P. Gupta vs. Union of India.
 M.C Mehta vs. Union of India: In a PIL brought against Ganga water
pollution so as to prevent any further pollution of Ganga water.
 Vishaka vs. State of Rajasthan: The judgment of the case recognized

sexual harassment as a violation of the fundamental constitutional
rights. The guidelines also directed for the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Who Can File a PIL and Against Whom?

Any citizen can file a public case by filing a petition:
 Under Art 32 of the Indian Constitution, in the Supreme Court.

 Under Art 226 of the Indian Constitution, in the High Court.
 Under sec. 133 of the Criminal Procedure Code, in the Court of
Magistrate.
 However, the court must be satisfied that the Writ petition fulfills some basic
needs for PIL as the letter is addressed by the aggrieved person, public
spirited individual and a social action group for the enforcement of legal or
Constitutional rights to any person who are not able to approach the court
for redress.
 A Public Interest Litigation can be filed against a State/ Central Govt.,

Municipal Authorities, and not any private party.
Procedure of PIL
 Before filing a PIL, the petitioner should thoroughly investigate the
related matter.
 If the PIL is related to many people, then the petitioner should consult all
the people.
 Once a person has decided to file a PIL, he should collect all relevant
information and documents to strengthen his case.
 The person filing the PIL can either debate himself or appoint a lawyer.
PIL in High Court:

 Two (02) copies of the petition have to be submitted in the court.
 Also, a copy of the petition has to be sent in advance to each defendant

and proof of this has to be added to the PIL.
PIL in Supreme Court:

 Five copies (05) of the petition have to be submitted in the court.

 The copy of the PIL is sent to the respondent only when a notice is issued
by the court for it.
Fee for PIL:

 PIL is cheaper than in other court cases.
 Each defendant mentioned in a PIL has to pay a fee of Rs 50 and it has

to be mentioned in the petition.
 However, the cost incurred in the entire proceedings depends on the

lawyer whom the petitioner authorizes to argue on his behalf.
Significance of PIL:
 The aim of PIL is to give to the common people access to the courts to
obtain legal redress.
 PIL is an important instrument of social change and for maintaining the

Rule of law and accelerating the balance between law and justice.
 The original purpose of PILs has been to make justice accessible to the
poor and the marginalized.
 It is an important tool to make human rights reach those who have been
denied rights.
 It helps in judicial monitoring of state institutions like prisons, asylums,

protective homes, etc.
 It is an important tool for implementing the concept of judicial review.
Certain Weaknesses of PIL:

 PIL actions may sometimes give rise to the problem of competing rights.
 It could lead to overburdening of courts with frivolous PILs by parties

with vested interests.
 Cases of Judicial Over reach by the Judiciary in the process of solving

socio-economic or environmental problems can take place through the
PILs.
 Inordinate delays in the disposal of PIL cases may render many leading
judgments merely of academic value.

Judicial Activism
 The Judiciary plays an important role in upholding and promoting the
rights of citizens in a country.
 Active role of the judiciary in upholding the rights of citizens and

preserving the constitutional and legal system of the country is known as
Judicial Activism.
 Judicial activism is a concept that originated in the US in 1947.
 It has been seen in India since the Emergency days.
Judicial Activism Methods

There are various methods of judicial activism which are followed in India.
They are:
 Judicial review (power of the judiciary to interpret the constitution and to

declare any such law or order of the legislature and executive void, if it
finds them in conflict with the Constitution)
 PIL (The person filing the petition must not have any personal interest in
the litigation, this petition is accepted by the court only if there is
interest of large public involved; aggrieved party does not file the
petition).
 Constitutional interpretation
 Access of international statute for ensuring constitutional rights
 Supervisory power of the higher courts on the lower courts
Significance of Judicial Activism

 It is an effective tool for upholding citizens‟ rights and implementing
constitutional principles when the executive and legislature fails to do so.
 Citizens have the judiciary as the last hope for protecting their rights
when all other doors are closed.
 There are provisions in the constitution itself for the judiciary to adopt a
proactive role.
 According to experts, the shift from locus standi to public interest

litigation made the judicial process more participatory and democratic.
 Judicial activism counters the opinion that the judiciary is a mere

spectator.

Judicial Activism Examples

 In 1979, the Supreme Court of India ruled that under trials in Bihar had
already served time for more period than they would have, had they been
convicted.
 Golaknath case
 Kesavananda Bharati case
 In the 2G scam, the SC cancelled 122 telecom licenses and spectrum
allocated to 8 telecom companies on the grounds that the process of
allocation was flawed.
 The Supreme Court rolled out a blanket ban on firecrackers in the Delhi
- NCR area with certain exceptions in 2018.
 The SC invoked terror laws against alleged money launderer Hasan Ali
Khan.
Pros & Cons of Judicial Activism
Pros associated with Judicial Activism India:
 Judicial Activism sets out a system of balances and controls to the other
branches of the government.
 It accentuates required innovation by way of a solution.
 In cases where the law fails to establish a balance, Judicial Activism

allows judges to use their personal judgment.
 Judicial Activism helps the judiciary to keep a check on the misuse of

power by the state government when it interferes and harms the
residents.
 In the issue of majority, It helps address problems hastily where the

legislature gets stuck in taking decisions.
Cons associated with Judicial Activism India:

 Firstly, when it surpasses its power to stop and misuse or abuse of
power by the government. In a way, it limits the functioning of the
government.
 It clearly violates the limit of power set to be exercised by the constitution

when it overrides any existing law.
 The judicial opinion of the judges once taken for any case becomes the
standard for ruling other cases.
 Judicial activism can harm the public at large as the judgment may be
influenced by personal or selfish motives.
 Repeated interventions of courts can diminish the faith of the people in

the integrity, quality, and efficiency of the government.

LokPal & Lok Ayukta
 The term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
 A Lokpal is an “anti-corruption authority or body of ombudsman who

represents the public interest in the Republic of India”.
 The Lokayukta is an “anti-corruption ombudsman organization in the

Indian states”.
 Lokayukta can‟t be dismissed nor transferred by the government, and

can only be removed by passing an impeachment motion by the state
assembly.
Structure of Lokpal:
 Lokpal is a multi-member body that consists of one chairperson and a

maximum of 8 members.

 Out of the maximum eight members, half will be judicial members and
minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities and
women.
 The judicial member of the Lokpal either a former Judge of the Supreme
Court or a former Chief Justice of a High Court.
 The non-judicial member should be an eminent person with impeccable

integrity and outstanding ability.
 The term of office for Lokpal Chairman and Members is 5 years or till the
age of 70 years.
 The members are appointed by the president on the recommendation of a

Selection Committee.
 The selection committee is composed of the Prime Minister who is the

Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok Sabha,
Chief Justice of India or a Judge nominated by him/her and One eminent
jurist.
Lokpal Jurisdiction and Powers

 Jurisdiction of Lokpal includes Prime Minister, Ministers, members of
Parliament, Groups A, B, C and D officers and officials of Central
Government.
 The Lokpal does not have jurisdiction over Ministers and MPs in the
matter of anything said in Parliament or a vote given there.
 It has powers of confiscation of assets, proceeds, receipts and benefits

arisen or procured by means of corruption in special circumstances.
 It has the power to recommend transfer or suspension of public servant

connected with allegation of corruption.
 It has the power to give directions to prevent the destruction of records

during the preliminary inquiry.

Lokpal and Lokayuktas Act, 2013

The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act.
 The Bill was passed in 2013 in both the Houses of Parliament and came
into force on 16 January 2014.
Draft Bill:
 Anna Hazare started an indefinite hunger strike on 5 April 2011 to

pressure the government to create an ombudsman with the power to deal
with corruption in public places as envisaged in the Jan Lokpal Bill.
 The fast led to nationwide protests in support.
 The fast ended on 9 April, one day after the government accepted his
demands.
 The government issued a gazette notification on the formation of a joint

committee, consisting of government and civil society representatives, to
draft the legislation.
Significance:
 To tackle the issues of maladministration and corruption.
 Most of the anti-corruption agencies are advisory in nature, hardly

independent and do not have effective powers.

 There is no separate and effective mechanism to check the problems of

internal transparency and accountability.
 In this context, the independent institutions of Lokpal and Lokayukta

have been a landmark move in the history of Indian polity which offers a
solution to the corruption and administrative problems.
Power & Function of Governor

Governor is a nominal executive head of the state. He forms an important part
of the state executive where he acts as the chief executive head.
 Central Government nominates the governor for each state.
Qualification of Governor:
Governor has to meet only two qualifications:
 He should be an Indian Citizen
 He should be 35 years old or more
Tenure:
The normal term of office is 05 years but may be terminated earlier by
(i) Dismissal by the President or
(ii) Resignation addressed to the President.

Powers and Functions of Governor are as follows:
1. Executive Power
3. Financial Powers
4. Judicial Powers
6. Discretionary Powers
1. Executive Power:
 The Power to Appoint Council of Minister and High Officers of the State.
 Rules for the Convenient Transaction of the Business of the Government.
 Asking information from the Chief Minister.
 Nomination to the State Legislature
 Right to Address and Send Messages
 Assent to Bills
 Session of State Legislature; Prorogation & Dissolution
 No money bill can be introduced in the Assembly without prior
permission of the Governor.
 The Legislature may reduce the grants sought by the Governor but
cannot increase.
4. Judicial Powers:
 The Governor has the power to pardon, commute or suspend sentence of
any person convicted of any offence against any law relating to matters to
which the executive power of the State extends.
 The Governor determines the questions of, appointments, postings and

promotions of District Judges and other judicial officers in the State.
In addition to the powers mentioned above, Governor exercises following
functions also:
 The Governor receives annual report of State Public Service Commission,

submits the same to the Council of Ministers and after its consideration
to the State Legislature for discussion.
 He receives the report of the Auditor-General regarding income and

expenditure made by different departments working under the State
Government.

 The Governor of Assam has discretionary powers.
 He can solve certain administrative disputes connected with the tribal

areas and Government of Assam.
5. Discretionary Powers:
The Governor has to act on the advice of the Council of Ministers, except when
he may be called upon to exercise his power “in his discretion.”:
 Circumstances can arise when no party commands an absolute majority

in the House. In Such a case the Governor will have to exercise his
personal judgment in selecting the Chief Minister.
 The Governor may report to the President that a situation has arisen
under which Government of the State may not be carried on in
accordance with the provisions of the Constitution. It will result in the
imposition of the President‟s rule in the State.
 The Governor may refuse to give assent to a Bill or he may send it back
for reconsideration. He may also reserve a Bill for the assent of the
President.
Power & Function of Chief Minister

 He is the Head of the state government.
Term of Chief Minister‟s office:
 The term of Chief Minister is not fixed.
 Governor cannot remove him any time.
 Governor cannot even dismiss him till the time he enjoys the support of
the majority of the house.
 When CM loses his majority support, he has to resign and Governor

dismisses him then.

1. In Relation to the Council of Ministers:

The Chief Minister is the head of state council of ministers. He performs the
following functions:
 He recommends to the governor on who to appoint as ministers.

 He designates or reshuffles the portfolios of the ministers.
 He can ask a minister to resign.
 Meeting of the council of ministers is headed by him.
 All activities of the ministers are guided and controlled by the Chief
Minister.
 If he resigns, the entire council of ministers collapses.
2. In Relation to the Governor:
In relation to the governor, the Chief Minister performs the following functions:
 All the activities, decisions that are taken up by the council of ministers
are communicated to the governor by the chief minister.
 To report to the governor, information about the administrative affairs if

and when asked by the governor.
 If any minister has decided on any issue, the same has to be reported to
the Governor by the Chief Minister when the same has not been
considered by the council.
He gives his advice to the governor for the appointment of the following
persons:
 Advocate-General
 Chairman of state public service commission
 The state election commission, etc.
3. In Relation to the State Legislature:

He is the leader of the house and holding this position, he performs the
following functions:
 Before a governor prorogues and summons the sessions of the state

legislature, the Chief Minister‟s advice is a must.
 Legislative Assembly can be dissolved at any time on his

recommendation to the governor.
 All government policies are announced by him on the floor of the house.
Other Functions:
 At the ground level he is the authority to be in contact with the people
regularly and know about their problems so as to bring about policies on
the floor of the assembly.

 He acts as the chairman of State Planning Commission.

 He is the vice chairman of concerned zonal council in rotation for a
period of one year.
 During emergencies he acts as the crisis manager in the state.
Function of State Cabinet

 A cabinet is “a body of high-ranking state officials, typically consisting of
the top leaders of the executive branch”.
 Cabinet is an inner body of Council of Ministers.
 Principal Ministers with important portfolios.
 Generally responsible for Govt. admin & shaping policies.
FOUR major Functions:
 To approve all legislative proposals for enactment of Government Policy
 To recommend all major appointments
 To settle all departmental disputes.
 To coordinate various activities of the Govt. and to oversee execution of

its policies.
Legislative Power:
 Controls the legislature of the State Government.
 Formulates Policy submits and explains it to Legislature for approval.
 Ministers initiate the entire legislation of importance passed by
Legislature
Financial Power:
 Controls the Financial Policy of the State.
 Finance minister submits the State Budget.

 Legislature approves the budget-expenditure & revenue items in its

original form with the support of subservient majority.
Executive Power:
 State Council of Ministers is the executive of the State Ministers preside
over the various depts. of the Govt.
 Give directions to the administration.
 Cabinet coordinates the policy among the various depts. and settles their
conflicts.
Function of State Legislature

 The Constitution of India provides for a legislature in each State and
entrusts it with the responsibility to make laws for the state.
 Presently, only Six states (Andhra Pradesh, Bihar, J&K, Karnataka

Maharashtra and UP) have Bi-cameral legislatures.
 Twenty two States and Two Union Territories (Delhi and Puducherry)
have Uni-cameral Legislatures.

Legislative Powers:
 The State Legislature can make laws on the subjects of the State List and
the Concurrent List.
 Legislative Assembly dominates the law-making work.
 Most of the non-money ordinary bills are introduced in the Legislative

Assembly and it plays a major role in their passing.
Financial Powers:
 It has the power to levy taxes in respect of all subjects of the State List.
 It is the custodian of the finances of the state.
 The budget and all other financial policies and programmes of the state
government become operational only after getting an approval from the
State Legislature.
Executive Powers:
 Control over the State Council of Ministers is exercised by the State
Legislative Assembly.
 Little role has been assigned to the State Legislative Council.
 The State Chief Minister is the leader of majority in the State Legislative
Assembly.
 The State Council of Ministers is collectively responsible before the

Legislative Assembly.
Other Powers:
 The elected members of the Legislative Assembly (MLAs) participate in
the election of the President of India.
 They also elect representatives of the state in the Rajya Sabha.

Function of High Court

 High Courts are the highest courts in a State.
 Presently, there are 25 High Courts in India, with some states having a
common High Court.
 They are an important part of the judicial system in India.
 Articles 214 to 231 in the Indian Constitution talk about the High
Courts, their organisation and powers.
High Court Jurisdiction:
The various kinds of the jurisdiction of the High Court are briefly given below:
1. Original Jurisdiction 2. Appellate Jurisdiction
3. Advisory Jurisdiction 4. Revisory Jurisdiction
5. Judicial Review
1. Original Jurisdiction:
 It means the power to handle those cases which cannot be moved in any
other court other than HC i.e. in the first instance.
These cases include:
 State Revenue and its collection
 Protection of Fundamental Rights: In case if the Fundamental Rights of

an individual are violated, then such individual can directly approach the
HC.
 Cases related to Divorce, Will, Marriage, Contempt of Court etc.
 Interpretation of the Constitution: Cases related to Interpretation of the

Constitution are also handled by the HC.
 Election Petitions challenging the elections of MPs, MLAs or local bodies.
2. Appellate Jurisdiction:
 It means the power to handle the cases on appeal against the judgment
delivered by any district courts or subordinate courts in the country.
These cases include:
a) Civil Cases: Important cases with District Courts certificate, or without

DC certificate on appeal. e.g. land revenue, blatant injustice etc.

b) Criminal Cases: Important cases with DC certificate, or without DC

certificate on appeal.
3. Advisory Jurisdiction:
 Any Government Department, Legislature or Governor may refer and
send a case of special importance or regarding any law for consideration
to HC.
4. Revisory Jurisdiction:
 HC is empowered to review any judgment made by any subordinate
court, with a view of removing any mistake that might have crept in the
judgment.
 This is done in the cases of blatant injustice, error of law, wrong

judgments & flagrant error in procedure.
5. Judicial Review:
 HC has the power to review laws passed by State Legislature or Any
other local authority/body, if the law is found against the spirit and
provisions of the Constitution, then HC can declare such law „ultra vires‟
or „null and void‟.
Function of Subordinate Courts

Subordinate Courts are the courts that function at the district level and below.
Every District has:
 Civil Court (District Judge)
 Criminal Court (Sessions Judge)
 Courts of Revenue.
a) Civil Court (District Judge):

 Such courts conduct Appellate and Original jurisdiction in all matters
related to criminal and civil cases.
 District Courts render justice at the district level.
 These courts are entitled to exercise all sorts of judicial powers, which
extend to granting capital punishment to convicts.

b) Criminal Court (Sessions Judge):

 These courts administer justice to cases involving theft, pick-pocketing,
robbery, murders and other cases of similar types.
 Sessions Court is empowered to provide all sorts of punishments to

criminals, which includes death penalty.

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PSIT EC III ‘A’, ‘B’, ‘C’ & ‘D; PSITCOE CS III ‘A’, ‘B’ & IT III

CONSTITUTION OF INDIA, LAW & ENGINEERING

III. State Executives:

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Power & Functions of Rajya Sabha

 In case of a deadlock between the two Houses of Parliament over an

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

 Ratification of an emergency proclamation,

8. Two Special Powers of Rajya Sabha:

 Power in respect of Creation or Abolition of an All India Service.

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Power & Functions of Lok Sabha

 Although ordinary bill can be introduced in either of two houses of the

 In case of any dispute as to whether a particular bill is money bill or not

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

 Though the impeachment charges against the Vice President of India by

6. Approval over the declaration of Emergency:

a. National Emergency- Article 352

 In case the Lok Sabha dissolved at the time of the declaration of

 It makes changes in the jurisdiction of the Supreme court and Highcourt

 Revising the salary and allowances of the member of the Parliament.

 To discuss the report of UPSC Auditor General of India and finance

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Power & Functions of President

 The President is the common head of all independent constitutional

 All his actions, recommendations and supervisory powers over the

 There is no bar on the actions of the President to contest in the court of

The constitutional Powers and Functions of the President of India may be

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

 He nominates 12 members of the Rajya Sabha.

 National Emergency (Article 352)

 Chief of the Army

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Comparison of powers of Indian President with the United States

 The advantage of the directly elected head of the government is the

2. Head of the State:

 In India either house can initiate impeachment proceedings against the

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

 The President of US can veto a bill passed by the Congress. He needs to

 The US President does not have such powers.

9. Dissolving the legislature:

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

Powers and Functions of the Prime Minister

 He is the Head of the Government of India. He is the real custodian of all

Power & Function:

1. Formation of the Council of Ministers:

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

4. Chairman of the Cabinet:

 It is up to him to accept or reject proposals for discussions in the

6. Chief Link between the President and the Cabinet:

 He communicates to the President all decisions of the Cabinet, and puts

 It is his responsibility to co-ordinate the activities of all the departments

 He resolves all differences, among the ministers.

8. Leader of the Parliament:

 In this capacity, it is the PM who, in consultation with the Speaker of

Dr. JITENDRA KUMAR, Assistant Professor, BSH, PSIT, Kanpur (U.P.)

9. Power to get the Parliament Dissolved:

10. Director of Foreign Affairs:

11. Power to get the Parliament Dissolved: