Constitution of India: Parts VI, VII, & VIII Explained
The Constitution of India's Parts VI, VII, and VIII delineate the framework for governance across different administrative units. Part VI outlines provisions for the States, covering their executive, legislative, and judicial branches. Part VII, now repealed, addressed former Part B States. Part VIII establishes the administration and legislative powers concerning Union Territories, ensuring their unique governance structures.
Key Takeaways
Part VI comprehensively details the governance structure of Indian States, covering executive, legislative, and judicial branches.
Part VII, now repealed, historically provided specific administrative provisions for former Part B princely States.
Part VIII outlines the administration and legislative framework for Union Territories, often directly governed by the President.
State Governors possess significant executive authority and legislative ordinance-making powers within their respective states.
High Courts and Subordinate Courts form the essential judicial backbone, ensuring justice delivery across all Indian States.
What provisions govern the States in the Indian Constitution?
Part VI of the Indian Constitution, spanning Articles 152 to 237, meticulously outlines the comprehensive framework for governance within the individual States. This crucial section begins by defining the general scope of state authority, establishing the foundational principles for state administration. It then details the structure and functions of the State Executive, encompassing the powers and responsibilities of the Governor, the Council of Ministers, and the Advocate-General for the State. Furthermore, Part VI establishes the State Legislature, covering its constitution, composition, duration, and the legislative procedures. It also addresses the Governor's significant legislative powers, particularly the promulgation of ordinances during legislative recess. Finally, this part meticulously defines the jurisdiction and powers of the High Courts and outlines the structure, control, and appointment processes for subordinate courts within each state, ensuring a robust and independent judicial system.
- Chapter I: General (Article 152) - Provides the foundational definition of "State" applicable to this specific part of the Constitution.
- Chapter II: The Executive (Articles 153-167) - Covers Governor's appointment, term, powers, and the Council of Ministers' role and duties.
- Chapter III: The State Legislature (Articles 168-212) - Covers legislative bodies, their composition, sessions, duration, and members' qualifications.
- Chapter IV: Legislative Power of the Governor (Article 213) - Grants Governor authority to issue ordinances during legislative recess when necessary.
- Chapter V: The High Courts in the States (Articles 214-231) - Establishes High Courts, detailing judge appointments, qualifications, and extensive writ jurisdiction.
- Chapter VI: Subordinate Courts (Articles 233-237) - Defines appointment of District Judges, judicial service recruitment, and control over subordinate courts.
What was the historical significance and eventual repeal of Part VII of the Indian Constitution?
Part VII of the Indian Constitution, consisting solely of Article 238, held significant historical importance by specifically addressing the "States in Part B of the First Schedule." These were former princely states that integrated into the Indian Union, initially retaining distinct administrative provisions and a unique constitutional status. This part outlined their specific governance structures, differentiating them from the regular Part A states. However, a comprehensive reorganization of states, primarily driven by the States Reorganisation Act, 1956, and subsequently the 7th Constitutional Amendment Act, 1956, led to the abolition of these distinctions. Consequently, Article 238 and the entire Part VII were repealed, integrating all states into a uniform and streamlined administrative framework across India, reflecting a more cohesive federal structure.
- Art. 238: [Repealed] - This article's repeal marked the end of special constitutional provisions for Part B States.
How are Union Territories administered and governed under the Indian Constitution?
Part VIII of the Indian Constitution, encompassing Articles 239 to 242, establishes the distinct administrative and governance framework for Union Territories. These territories are directly administered by the President of India, typically through an appointed Administrator who acts as the President's agent, ensuring central oversight. While most Union Territories fall under this direct rule, special provisions exist for some, such as Delhi and Puducherry, allowing for the creation of their own local Legislatures and Council of Ministers to manage local affairs and foster democratic participation. This part also grants the President the authority to enact regulations for the peace, progress, and good governance of specific Union Territories. Additionally, it addresses the establishment and jurisdiction of High Courts for these regions, ensuring proper judicial oversight and access to justice.
- Art. 239: Administration of Union territories - Specifies direct administration by the President through an appointed Administrator.
- Art. 239A: Creation of local Legislatures or Council of Ministers - Enables establishment of legislative bodies and executive councils in certain UTs.
- Art. 239AA: Special provisions with respect to Delhi - Grants Delhi a unique constitutional status, including its own Legislative Assembly.
- Art. 239AB: Provision in case of failure of constitutional machinery - Addresses governance failure in Union Territories with legislative assemblies.
- Art. 239B: Power of administrator to promulgate Ordinances - Allows administrators to issue ordinances during legislative recess when required.
- Art. 240: Power of President to make regulations for certain Union territories - Empowers President to legislate for specific UTs' peace and good governance.
- Art. 241: High Courts for Union territories - Provides for establishment and jurisdiction of High Courts, ensuring judicial oversight.
- Art. 242: [Repealed] - Denotes a former provision related to Coorg, now no longer constitutionally in effect.
Frequently Asked Questions
What is the primary focus of Part VI of the Indian Constitution?
Part VI primarily focuses on the comprehensive governance structure of the States, detailing their executive, legislative, and judicial branches. This includes the Governor's crucial role, the State Legislatures' functions, the High Courts' jurisdiction, and the framework for subordinate courts.
Why was Part VII of the Constitution repealed?
Part VII, which specifically dealt with Part B States, was repealed by the 7th Constitutional Amendment Act, 1956. This significant change was part of a broader reorganization of states, aiming to abolish the distinctions and establish a uniform administrative structure across India.
Who administers Union Territories according to the Constitution?
Union Territories are primarily administered by the President of India through an appointed Administrator. While some, like Delhi, have special provisions for local Legislatures and Councils of Ministers, the ultimate authority for their overall governance rests with the President.
