States in the Indian Union: Constitutional Framework
Part VI of the Indian Constitution outlines the framework for states within the Indian Union, defining their executive, legislative, and judicial structures. It establishes the roles of the Governor, Council of Ministers, and State Legislature, alongside provisions for High Courts and subordinate courts. This section ensures a clear constitutional basis for the functioning and governance of individual states, maintaining the federal balance.
Key Takeaways
Part VI defines the constitutional framework for states in the Indian Union.
The State Executive comprises the Governor, Chief Minister, and Council of Ministers.
State Legislatures can be unicameral or bicameral, with specific composition rules.
The Governor holds significant legislative and executive powers, including ordinance-making.
High Courts and subordinate courts form the state-level judicial system.
What is the constitutional definition of 'State' in India?
Article 152 of the Indian Constitution provides a foundational definition for the term 'State' as it applies to Part VI. This article clarifies that, historically, the expression "State" did not include the State of Jammu and Kashmir, setting the scope for constitutional provisions concerning state governance. Understanding this initial definition is crucial for interpreting subsequent chapters detailing executive, legislative, and judicial powers within these defined states, laying the groundwork for the federal system.
- Article 152 defines 'State' for Part VI.
- Historically excluded Jammu and Kashmir.
How is the State Executive structured and what are its key roles?
The State Executive, detailed in Articles 153-167, forms the administrative backbone of each state, implementing laws and policies. It comprises the Governor, Chief Minister, and Council of Ministers, along with the Advocate-General. The Governor acts as the constitutional head, appointed by the President, while the Chief Minister, aided by the Council of Ministers, holds real executive power. This structure ensures both constitutional oversight and effective governance, with clear duties and responsibilities.
- Governor (Articles 153-161): Appointed by President, state's constitutional head, serves at President's pleasure for five years. Must be Indian citizen, 35+. Cannot hold other offices; emoluments protected. Administers oaths, has pardoning powers.
- Council of Ministers (Articles 163-164): Led by Chief Minister, appointed by Governor. Advises Governor, collectively responsible to Legislative Assembly. Includes provisions for oaths, tenure, salaries.
- Advocate-General for the State (Article 165): Appointed by Governor, provides legal advice, holds office at Governor's pleasure.
- Conduct of Business of the Government (Article 166): Outlines rules for state government operations.
- Duties of Chief Minister (Article 167): Communicates Council decisions and legislative proposals to Governor, furnishes requested information.
What is the structure and composition of State Legislatures in India?
The State Legislature, governed by Articles 168-212, is responsible for law-making within a state. It can be unicameral, with only a Legislative Assembly, or bicameral, including both an Assembly and a Legislative Council. The Governor is an integral part of the legislature. Composition varies by state, with specific rules for member numbers, territorial constituencies, and representation ratios, ensuring democratic representation and legislative oversight.
- Constitution of Legislatures (Article 168): Includes Governor; can be unicameral (Assembly) or bicameral (Assembly and Council).
- Creation/Abolition of Legislative Councils (Article 169): Parliament creates/abolishes councils based on 2/3 majority resolution from State Assembly.
- Composition of Legislative Assemblies (Article 170): 60-500 members from territorial constituencies, equal population ratio, exceptions for smaller states. Readjustment after census.
- Composition of Legislative Councils (Article 171): Max 1/3 Assembly members, min 40. Elected by municipalities, graduates, teachers, Assembly members; nominated by Governor.
- Duration of State Legislatures (Article 172): Assembly serves five years unless dissolved. Council permanent, 1/3 members retire every two years.
- Qualifications for Membership (Article 173): Indian citizen, age (25 Assembly, 30 Council), other Parliament-prescribed qualifications.
When can the Governor exercise legislative power through ordinances?
Article 213 grants the Governor significant legislative power to promulgate ordinances when the State Legislature is not in session and immediate action is necessary. These ordinances hold the same force as an Act of the Legislature but are temporary. They must be presented to the Legislature upon reassembly and cease to operate six weeks thereafter, or earlier if disapproved. This power addresses urgent matters that cannot await legislative proceedings.
- Governor can issue ordinances when legislature is not in session.
- Ordinances have the force of law.
- Temporary, must be approved by legislature within six weeks of reassembly.
What is the role and jurisdiction of High Courts in states?
Articles 214-232 establish High Courts as the highest judicial authority within each state, crucial for upholding justice and interpreting laws. Each state must have a High Court, though a common High Court can serve multiple states or a state and a Union Territory. High Courts exercise original, appellate, and supervisory jurisdiction over subordinate courts. They also issue writs for fundamental rights enforcement, ensuring judicial review and protecting citizens' liberties.
- High Courts are the highest judicial bodies in states.
- Provisions for common High Courts for multiple states/UTs.
- Exercise original, appellate, and supervisory jurisdiction.
- Empowered to issue writs for fundamental rights enforcement.
How are Subordinate Courts structured and administered in states?
Articles 233-237 detail the structure and administration of subordinate courts, operating below High Courts. These include District Courts, Civil Courts, Criminal Courts, and other tribunals, serving as the primary point of justice for citizens. The Governor, in consultation with the High Court, appoints, posts, and promotes district judges. Control over these courts, including other judicial officer appointments, rests with the High Court, ensuring a robust and accessible grassroots judicial system.
- Subordinate courts operate below High Courts.
- Include District Courts, Civil Courts, Criminal Courts, etc.
- Governor appoints district judges in consultation with High Court.
- High Court maintains control over subordinate judiciary.
Frequently Asked Questions
What is the primary purpose of Part VI of the Indian Constitution?
Part VI defines the constitutional framework for states within the Indian Union, outlining the structure and functions of their executive, legislative, and judicial branches.
Who are the key components of the State Executive?
The State Executive consists of the Governor (constitutional head), and the Chief Minister with the Council of Ministers (real executive power). The Advocate-General also plays a role.
Can a State Legislature have two houses?
Yes, a State Legislature can be bicameral, having a Legislative Assembly and a Legislative Council. Some states operate with only a unicameral Legislative Assembly.
