Polity Set 71
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π State Legislature β’ Part VI
Q.1) Part VI of the Constitution deals with the state legislature from Articles:
Ans > B) 168 to 212
- Scope of Part VI: Part VI of the Indian Constitution is often referred to as the “Constitution of the States.” It meticulously outlines the structure, organization, powers, and functions of the state governments. Unlike the Union government covered in Part V, this part provides a comprehensive framework for regional governance across India.
- Breakdown of Legislative Articles: Articles 168 to 212 specifically fall under Chapter III of Part VI, which is dedicated entirely to the State Legislature. This section covers everything from the initial constitution of legislatures (whether unicameral or bicameral) to the qualifications of its members, the intricacies of legislative procedures, and the Governor’s role.
- The Article 152 Exception: Originally, Article 152 defined the term “State” for the purposes of Part VI and explicitly excluded the State of Jammu and Kashmir. Following the abrogation of Article 370 in 2019, this historical exception no longer functions in the same capacity.
π State Legislature β’ Legislative Council
Q.2) Which Article of the Constitution provides for the abolition or creation of legislative councils in states?
Ans > B) Article 169
- Mechanism of Creation and Abolition: Article 169 grants the Parliament the power to either abolish an existing State Legislative Council or create one where it does not exist. However, Parliament cannot do this independently; the process must be initiated by the respective State Legislative Assembly passing a resolution.
- Special Majority Requirement: For the State Assembly to pass such a resolution, it requires a special majority. This means the resolution must be supported by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members present and voting.
- Not a Constitutional Amendment: A crucial point is that a law passed by Parliament under Article 169 to create or abolish a council is not considered an amendment to the Constitution for the purposes of Article 368. It is passed via a simple majority in Parliament.
π State Legislature β’ Assembly Strength
Q.3) The maximum and minimum strength of a State Legislative Assembly are fixed respectively at:
Ans > A) 500 and 60
- Population Proportionality: The strength of a State Legislative Assembly is linked to the state’s population. The Constitution caps the maximum number of elected members at 500 to prevent assemblies from becoming unmanageably large, while setting a minimum of 60 to ensure adequate democratic representation.
- Exceptions for Smaller States: While 60 is the general minimum, specific exceptions exist for smaller states. The minimum strength is set lower for states like Arunachal Pradesh, Sikkim, and Goa (fixed at 30), Mizoram (40), and Nagaland (46).
- Role of the Delimitation Commission: The territorial constituencies are mapped out by the Delimitation Commission, readjusting seats after every census, although the total number of seats is frozen until after the first census taken after 2026.
π State Legislature β’ Council Strength
Q.4) The maximum strength of a State Legislative Council is fixed at one-third of the total strength of the assembly, and the minimum strength is fixed at:
Ans > B) 40
- Rationale for Size Limits: The Constitution ensures the Legislative Council remains the secondary chamber by capping its size at 1/3rd of the Legislative Assembly. The minimum limit of 40 ensures the council has enough members to function effectively.
- Indirect Election Nature: Unlike the Assembly, the Council is an indirectly elected and nominated body designed to bring in diverse voices, creating a revising chamber that looks at legislation without the immediate pressure of populist electoral politics.
- Historical Exception for J&K: Before 2019, J&K’s Legislative Council had 36 members, which was fewer than the constitutional minimum of 40. It was abolished when the state became a UT.
π State Legislature β’ Council Elections
Q.5) Of the total number of members of a State Legislative Council, what fraction is elected by the members of local bodies in the state like municipalities and district boards?
Ans > A) One-third
- Complex Composition Breakdown: Exactly 1/3rd are elected by local bodies, 1/3rd by MLAs, 1/12th by graduates, 1/12th by teachers, and 1/6th are nominated by the Governor.
- Role of Local Bodies: Reserving one-third of the seats for local authorities like municipalities and district boards ensures grassroots governance issues are represented at the state level.
- Electoral College System: These members are elected through an electoral college using proportional representation by means of the single transferable vote.
π State Legislature β’ Governor Nominations
Q.6) What fraction of the members of a State Legislative Council are nominated by the Governor from amongst persons having special knowledge in literature, science, art, cooperative movement, and social service?
Ans > C) One-sixth
- Categories of Nomination: The Governor nominates 1/6th of total members to bring domain expertise (literature, science, art, cooperative movement, social service) into the legislative process.
- Comparison with Rajya Sabha: While the President nominates 12 members to the Rajya Sabha, the Governor’s nominating power includes an additional category: the “cooperative movement.”
- Discretionary Power Limits: The nomination power is exercised on the aid and advice of the Council of Ministers headed by the Chief Minister, not the personal discretion of the Governor.
π State Legislature β’ Qualifications
Q.7) To be chosen as a member of the State Legislative Assembly, a person must not be less than:
Ans > B) 25 years of age
- Comparison with Other Bodies: The age qualification of 25 years mirrors the requirement for the Lok Sabha. To become a member of the State Legislative Council (or Rajya Sabha), the minimum age is 30 years.
- Voter vs. Candidate Age: While the voting age was reduced to 18 years, the age to contest elections for the State Assembly remained fixed at 25 years.
- Citizenship and Oath Requirements: A candidate must be a citizen of India and subscribe to an oath before a person authorized by the Election Commission.
π State Legislature β’ Sessions
Q.8) What is the quorum to hold a meeting of either House of the state legislature?
Ans > B) 10 members or one-tenth of total members of the House, whichever is greater
- Definition of Quorum: Quorum refers to the minimum number of members required to be present before the House can validly transact legislative business.
- The “Whichever is Greater” Clause: For states with very small assemblies (like Sikkim with 32 members), one-tenth would only be 3.2 members. The absolute minimum of 10 ensures a respectable number of legislators are present.
- Presiding Officer’s Duty: According to Article 189(3), if there is no quorum, it is the duty of the Speaker or Chairman to adjourn the House or suspend the meeting.
π State Legislature β’ Legislative Process
Q.9) In a bicameral state legislature, if an ordinary bill originated in the assembly is rejected by the council, the assembly can pass it again. How long can the council delay it in the second instance?
Ans > B) One month
- First Instance vs. Second Instance: The Council can delay a bill for up to 3 months the first time. If passed a second time by the Assembly, the delay power reduces to 1 month.
- Ultimate Power of the Assembly: The Legislative Council is strictly a dilatory chamberβit can delay, not kill. After 1 month in the second instance, the bill is deemed passed by both Houses.
- Lack of Joint Sitting: Unlike Parliament, there is no provision for a joint sitting in a state legislature to resolve a deadlock on an ordinary bill.
π State Legislature β’ Veto Power
Q.10) What is the maximum period for which the State Legislative Council can delay an ordinary bill overall?
Ans > C) Four months
- Total Timeline Calculation: The maximum delay is 4 months (3 months in the first instance + 1 month in the second instance).
- Comparison with Rajya Sabha: The Rajya Sabha can delay an ordinary bill for 6 months and force a joint sitting. The State Legislative Council’s veto is merely suspensive.
- Unicameral Supremacy: The directly elected Legislative Assembly has near-absolute supremacy over ordinary legislation at the state level.
π State Legislature β’ Money Bills
Q.11) A Money Bill can only be introduced in the state legislative assembly. How long can the legislative council delay a Money Bill?
Ans > A) 14 days
- Definition of a Money Bill: Governed by Article 199, dealing with taxation, borrowing, or appropriations. The Speaker decides if a bill is a Money Bill.
- Assembly’s Exclusive Power: Money Bills require prior recommendation of the Governor and are introduced exclusively in the Assembly.
- Restriction on the Council: The Council cannot reject or amend a Money Bill; they can only make recommendations and must return it within 14 days. If they fail, it’s deemed passed.
π State Legislature β’ Presidential Assent
Q.12) When a state bill is reserved by the Governor for the consideration of the President, who has the final power to give or withhold assent (Article 201)?
Ans > C) The President
- Discretionary Reservation: Under Article 200, the Governor reserves certain bills for the President’s consideration (mandatory if it endangers High Court powers).
- President’s Absolute Veto: Once reserved, under Article 201, the President can give or withhold assent. The President holds an absolute veto and is not bound to justify it.
- State Legislature’s Role Post-Return: Even if returned for reconsideration and passed again by the state legislature, the President is still not bound to give assent.
π State Legislature β’ Privileges
Q.13) Which Article grants the privileges and immunities of the state legislature and its members?
Ans > B) Article 194
- Freedom of Speech: Article 194 guarantees freedom of speech in the state legislature, making members immune to court proceedings for anything said or voted on in the house.
- Freedom from Arrest: Immunity from arrest in civil cases (40 days before, during, and 40 days after the session). Doesn’t apply to criminal cases.
- Power to Punish for Contempt: The legislature can punish members and non-members for breach of privilege or contempt.
π High Courts β’ Part VI
Q.14) Part VI of the Constitution deals with the organisation, independence, and jurisdiction of High Courts from Articles:
Ans > A) 214 to 231
- Position in Judicial Hierarchy: The High Court is the apex of judicial administration in a state within India’s single, integrated judicial system.
- Key Articles Overview: Articles 214 to 231 (Chapter V, Part VI) cover the establishment (Art 214), appointment of judges, oaths, transfers, and writ jurisdictions.
- Court of Record: Under Article 215, every High Court is a “Court of Record,” meaning judgments are recorded for testimony and it can punish for contempt.
π High Courts β’ Common Jurisdiction
Q.15) Which Constitutional Amendment Act authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory?
Ans > B) 7th Amendment Act of 1956
- Reasons for the Amendment: Following the States Reorganisation Act (1956), maintaining separate High Courts for newly formed smaller states was impractical, prompting the 7th Amendment.
- Current Examples: The Punjab & Haryana High Court serves Punjab, Haryana, and Chandigarh. The Bombay High Court covers Maharashtra, Goa, D&NH, and D&D.
- Territorial Jurisdiction: Only Parliament (under Article 230) can extend or exclude a High Court’s jurisdiction to a Union Territory.
π High Courts β’ History
Q.16) The institution of high court originated in India in 1862 when high courts were set up at:
Ans > A) Calcutta, Bombay and Madras
- Indian High Courts Act 1861: The British Parliament authorized the establishment of High Courts at presidency towns.
- Establishment Dates: Calcutta High Court was established first (July 1, 1862), followed by Bombay and Madras in August 1862.
- Replacement of Older Courts: They replaced the East India Company’s Supreme Courts and the Sadar Diwani/Nizamat Adalats.
π High Courts β’ Appointments
Q.17) The judges of a high court are appointed by the:
Ans > C) President of India
- Role of the President: Under Article 217, High Court judges are appointed by the President by warrant under his hand and seal, underscoring an integrated judiciary.
- The Collegium System: In practice, the Supreme Court Collegium (CJI + 2 senior-most SC judges) recommends names.
- Consultative Process: The President must consult the CJI, the State Governor, and the Chief Justice of the respective High Court.
π High Courts β’ Qualifications
Q.18) To be appointed as a judge of a high court, a person must have held a judicial office in the territory of India or been an advocate of a high court for at least:
Ans > C) 10 years
- Judicial Office Criteria: Holding a judicial office in India for 10 years allows lower court judges to be elevated.
- Advocate Criteria: Practicing as a High Court advocate for 10 years allows lawyers directly from the Bar to join the bench.
- Absence of Minimum Age: The Constitution does not prescribe a minimum age requirement for High Court judges, only professional experience.
π High Courts β’ Tenure
Q.19) What is the retirement age of a high court judge (raised by the 15th Amendment Act of 1963)?
Ans > B) 62 years
- Increase from 60 to 62: The 15th Constitutional Amendment Act of 1963 raised the retirement age from 60 to 62 years to retain experienced judicial minds.
- Comparison with Supreme Court: High Court judges retire at 62, while Supreme Court judges retire at 65. Proposals to bring parity have not passed.
- Dispute Resolution: Any question regarding the age of a judge is decided finally by the President after consultation with the CJI.
π High Courts β’ Removal
Q.20) A judge of a high court can be removed from his office by an order of the President on the grounds of:
Ans > B) Proved misbehaviour or incapacity
- Grounds for Removal: Ensuring judicial independence, judges can only be removed on the strict grounds of “proved misbehaviour” or “incapacity.”
- The Impeachment Process: Identical to SC judges (Judges Inquiry Act 1968), requiring a special majority motion in both Houses of Parliament.
- Executive Order: Only after the motion is passed does the President pass the final removal order. No High Court judge has been fully impeached in India.
π High Courts β’ Oath
Q.21) Who administers the oath of office to a judge of a high court?
Ans > C) The Governor of the state
- Separation of Duties: Appointed by the President, but sworn in by the state’s executive headβthe Governor.
- Schedule III Format: The exact oath wording (to bear true faith and allegiance to the Constitution) is found in the Third Schedule.
- Prerequisite: Subscribing to the oath is mandatory before taking the seat on the bench or drawing a salary.
π High Courts β’ Transfers
Q.22) Article 222 empowers the President to transfer a judge from one high court to another after consulting the:
Ans > B) Chief Justice of India
- President’s Power and Limitations: Article 222 allows the President to transfer judges to prevent localized bias, but not unilaterally.
- CJI’s Recommendation: The CJI must consult a collegium of 4 senior-most SC judges and the Chief Justices of both involved High Courts.
- Compensatory Allowance: A transferred judge is entitled to receive a compensatory allowance determined by Parliament.
π High Courts β’ Writ Jurisdiction
Q.23) Under Article 226, the high court has the power to issue writs for the enforcement of fundamental rights and for any other purpose. This makes the writ jurisdiction of the high court:
Ans > B) Wider than that of the Supreme Court
- Fundamental Rights vs. Legal Rights: Supreme Court (Article 32) issues writs only for Fundamental Rights. High Court (Article 226) can issue them for “any other purpose” including ordinary legal rights.
- Discretionary Nature: Article 226 is discretionary (can be refused if alternative remedy exists), unlike Article 32 which is a Fundamental Right in itself.
- Territorial Limits: While subject-matter is wider, High Courts are restricted to their territorial jurisdiction, whereas the SC covers all of India.
π High Courts β’ Superintendence
Q.24) Which Article gives the high court the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts)?
Ans > B) Article 227
- Administrative and Judicial Control: Article 227 grants broad power for administrative supervision and judicial revision over lower courts.
- Scope over Tribunals: Includes quasi-judicial bodies to ensure they do not exceed authority or violate natural justice principles.
- Exception for Armed Forces: Does not extend to any military court or tribunal, maintaining military judicial autonomy.
π Subordinate Courts β’ Part VI
Q.25) Articles 233 to 237 in Part VI of the Constitution deal with:
Ans > C) The Subordinate Courts
- Meaning of Subordinate Courts: Governs lower judiciary at the district level, operating under the direct control of the state’s High Court.
- Separation of Powers (Article 50): Fulfills the Directive Principle to separate the judiciary from the executive in public services.
- Uniformity Across States: Provides a uniform constitutional baseline across India regarding the appointment and control of judicial officers.
π Subordinate Courts β’ District Judges
Q.26) The appointment, posting, and promotion of district judges in a state are made by the:
Ans > B) Governor of the state in consultation with the high court
- Governor’s Executive Authority: Under Article 233, District Judges are appointed by the Governor, reflecting state involvement in district administration.
- High Court’s Consultative Role: Mandatory consultation with the High Court ensures executive interference is minimized; HC recommendations are practically binding.
- Definition of District Judge: Encompasses city civil court judges, additional/joint district judges, chief presidency magistrates, and sessions judges.
π Subordinate Courts β’ Qualifications
Q.27) To be appointed as a district judge, a person should not already be in the service of the Central or the state government, and should have been an advocate or a pleader for at least:
Ans > B) 7 years
- Experience Requirement: Direct recruits to the District Judge post must have 7 years of active legal practice.
- Independence from Executive Service: Prevents civil servants from lateral entry, maintaining strict separation of executive and judiciary branches.
- Recommendation by High Court: Candidates must be explicitly recommended by the High Court, usually through a competitive Higher Judicial Service exam.
π Subordinate Courts β’ Junior Appointments
Q.28) Appointments of persons (other than district judges) to the judicial service of a state are made by the Governor after consulting the State Public Service Commission and the:
Ans > A) High Court
- Role of the SPSC: Under Article 234, entry-level judicial officers are appointed in consultation with the SPSC, which conducts competitive exams.
- Mandatory High Court Consultation: The High Court dictates syllabus, interviews, and candidate suitability to uphold judicial standards.
- Integration with Subordinate Judiciary: Appointees enter state judicial service under the direct hierarchical control of the High Court.
π Subordinate Courts β’ Control
Q.29) The control over subordinate courts, including the posting and promotion of persons belonging to the judicial service of a state (other than district judges), is vested in the:
Ans > B) High Court
- High Court’s Disciplinary Power: Article 235 vests complete administrative and disciplinary control over the subordinate judiciary in the High Court.
- Posting and Promotion: Postings and promotions of junior judicial officers are exclusively dictated by the High Court.
- Protecting Judicial Independence: Prevents state politicians from transferring or retaliating against lower court judges.
π Subordinate Courts β’ Hierarchy
Q.30) The highest judicial authority in a district is the:
Ans > C) District and Sessions Judge
- Civil vs. Criminal Jurisdiction: The officer acts as “District Judge” for civil disputes and “Sessions Judge” for criminal cases.
- Capital Punishment Powers: A Sessions Judge can impose any legal sentence, including death (but subject to High Court confirmation).
- Hierarchy Below: Includes Subordinate Judge / Munsiff Courts (Civil) and Chief/First Class Judicial Magistrates (Criminal).
π Quick Summary β Polity Set 71
- State Legislature (Part VI): Articles 168 to 212 outline the organization of state governments.
- Legislative Councils: Parliament abolishes/creates councils via Art 169 (needs Assembly special majority). Max strength: 1/3 of Assembly; Min: 40. Elections: 1/3 local bodies, 1/6 Gov nominated.
- Legislative Assembly: Max 500, Min 60 members. Candidate age minimum is 25 years.
- Sessions & Quorum: Quorum is 10 members or 1/10th, whichever is greater.
- Legislative Process: Council can delay ordinary bills max 4 months (3 + 1) and Money Bills 14 days. No joint sitting in states.
- Presidential Assent (Art 201): President has absolute veto over state bills reserved by the Governor.
- High Courts (Art 214-231): First established 1862 (Calcutta, Bombay, Madras). 7th Amendment (1956) allows Common High Courts.
- High Court Judges: Appointed by President. Retire at 62. Removed for misbehaviour/incapacity. Need 10 years experience. Oath by Governor.
- Jurisdiction: Art 226 gives wider writ powers than SC (covers both Fundamental and Legal Rights). Art 227 gives superintendence over all non-military lower courts.
- Subordinate Courts (Art 233-237): District judges appointed by Governor consulting HC. Requires 7 years practice. High Court holds absolute administrative control (Art 235).
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