Chapter 30: Governor
Summary:
The Governor is the nominal executive head of a State, similar to the President at the Centre.
Important Points:
- Articles 153 to 162 → Deal with Governors.
- Appointment:
- Appointed by the President.
- Must be an Indian citizen, 35 years old, and not hold an office of profit.
- Term:
- 5 years (but holds office during President’s pleasure).
- Powers:
- Executive Powers → Appoints CM, ministers, Advocate General, State Election Commissioner.
- Legislative Powers → Summons, prorogues state legislature; dissolves Legislative Assembly; gives assent to bills.
- Financial Powers → Ensures annual budget is laid before state legislature.
- Judicial Powers → Can grant pardons (only in certain cases).
- Special Powers:
- Can reserve certain bills for President’s consideration (Art 200).
- Has discretionary powers in some cases (e.g., hung assembly).
- Comparison with President:
- President must act on advice of Council of Ministers always; Governor has limited discretionary powers.
Key Highlight:
The Governor is the “link” between Centre and State, but sometimes causes Centre-State friction.
Chapter 31: Chief Minister
Summary:
The Chief Minister is the real executive authority at the state level (like PM at the Centre).
Important Points:
- Appointment:
- Appointed by Governor; leader of majority in Assembly.
- Powers and Role:
- Heads the State Council of Ministers.
- Advises the Governor.
- Link between State Governor and Council.
- Leader of Legislative Assembly.
- Tenure:
- Depends on confidence of Assembly (not a fixed term).
- Importance:
- Chief Minister is the “Real executive and leader of the state.”
Key Highlight:
Chief Minister = “De facto executive head” of the state (while Governor is de jure head).
Chapter 32: State Council of Ministers
Summary:
The real executive powers of the State are exercised by the Council of Ministers headed by the Chief Minister.
Important Points:
- Structure:
- Cabinet Ministers, Ministers of State, Deputy Ministers.
- Collective Responsibility:
- Council is collectively responsible to the State Legislative Assembly.
- Function:
- Aids and advises the Governor (who must act accordingly, except in discretion).
Key Highlight:
State Council of Ministers follows Parliamentary norms similar to Union Council.
Chapter 33: State Legislature
Summary:
Some states have a unicameral legislature (only Assembly), while others have bicameral (Assembly + Council).
Important Points:
- Legislative Assembly (Vidhan Sabha):
- Lower House (directly elected).
- 60 to 500 members.
- Term: 5 years.
- Legislative Council (Vidhan Parishad):
- Upper House (indirectly elected).
- Size: About 1/3rd of Assembly (not more than 1/3rd).
- Not every state has it (only 6 states currently).
- Powers:
- Assembly has more powers (money bills, confidence votes).
- Council has advisory role only.
- Speaker and Deputy Speaker → Heads Assembly.
Key Highlight:
Creation or abolition of Legislative Councils is done by Parliament, not the state itself (Art 169).
Chapter 34: High Court
Summary:
High Court is the highest judicial authority at the state level.
Important Points:
- Articles 214 to 231 → Deal with High Courts.
- Composition:
- Chief Justice + Other Judges (number decided by President).
- Jurisdiction:
- Original jurisdiction (in some cases like writs).
- Appellate jurisdiction (civil and criminal appeals).
- Writ jurisdiction under Art 226 (wider than Supreme Court’s Art 32).
- Appointment of Judges:
- By President after consultation with Chief Justice of India and State Governor.
- Tenure:
- Hold office until 62 years of age.
- Independence Ensured by:
- Fixed service conditions.
- Security of tenure.
- Expenses charged on Consolidated Fund of State.
Key Highlight:
High Courts can issue writs for the enforcement of Fundamental Rights and for other purposes (unlike SC).
Chapter 35: Tribunals
Summary:
Tribunals are quasi-judicial bodies created for specific types of disputes.
Important Points:
- Constitutional Provisions:
- Art 323A: Administrative Tribunals (service matters).
- Art 323B: Other Tribunals (tax, labor, etc.).
- Examples:
- Central Administrative Tribunal (CAT) for government service disputes.
- National Green Tribunal (NGT) for environmental issues.
- Advantages:
- Speedy and specialized justice.
- Reduces burden on regular courts.
Key Highlight:
Tribunals are not bound by strict rules of procedure (Civil Procedure Code) — flexibility.
Chapter 36: Subordinate Courts
Summary:
Subordinate courts work under High Courts, ensuring justice at the district and lower levels.
Important Points:
- Structure:
- District Court (civil cases).
- Sessions Court (criminal cases).
- Control over District Judges:
- By High Court (Art 235).
- Lok Adalats:
- Alternative Dispute Resolution mechanism.
- Cheaper and faster.
- Family Courts and Gram Nyayalayas:
- Specialized courts for family and rural disputes.
Key Highlight:
High Courts exercise superintendence over all courts under its jurisdiction (Art 227).
Chapter 37: Special Provisions for Some States
Summary:
Certain states have special provisions under the Constitution due to unique circumstances.
Important Points:
- States: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka.
- Examples:
- Nagaland (Art 371A): Special protection for Naga customs and land.
- Mizoram, Manipur, Arunachal Pradesh: Autonomous district councils.
- Andhra Pradesh and Telangana (Art 371D): Reservation in jobs and education.
- Special Category States:
- Extra financial assistance.
- Relaxed terms for Centre’s schemes.
Key Highlight:
Article 371 to 371J provide special constitutional status to different states.
[Quick Recap]
Now you have completed detailed notes up to Chapter 37:
Chapter No. | Topic Covered |
---|---|
30 | Governor |
31 | Chief Minister |
32 | State Council of Ministers |
33 | State Legislature |
34 | High Court |
35 | Tribunals |
36 | Subordinate Courts |
37 | Special Provisions for States |
Chapter 38: Panchayati Raj
Summary:
Panchayati Raj Institutions (PRIs) are the backbone of rural local governance in India, created to strengthen democracy at the grassroots level.
Important Points:
- Constitutional Status:
- Added by 73rd Constitutional Amendment Act, 1992.
- Added Part IX (Articles 243 to 243-O) and 11th Schedule.
- Three-tier system:
- Gram Panchayat (village level)
- Panchayat Samiti (block level)
- Zila Parishad (district level)
- Key Features:
- Gram Sabha: All adults of a village — foundation of Panchayati Raj.
- Reservation:
- SC/STs and Women (at least 1/3rd seats).
- Elections:
- Every 5 years, conducted by State Election Commission.
- State Finance Commission:
- Every 5 years to recommend financial distribution.
- PESA Act 1996:
- Extension of Panchayati Raj to Scheduled Areas (tribal areas).
- Important Committees:
- Balwant Rai Mehta Committee (1957): Recommended 3-tier PRIs.
- Ashok Mehta Committee (1978): Suggested 2-tier system.
- G.V.K. Rao Committee (1985): Strengthening local institutions.
Key Highlight:
73rd Amendment = Constitutionalization of Panchayati Raj.
Local self-governance is now a Fundamental Directive Principle under Indian Constitution.
Chapter 39: Municipalities
Summary:
Municipalities govern urban areas (towns and cities), ensuring planned development and local services.
Important Points:
- Constitutional Status:
- Added by 74th Constitutional Amendment Act, 1992.
- Added Part IX-A (Articles 243-P to 243-ZG) and 12th Schedule.
- Types of Urban Local Bodies:
- Municipal Corporations (for big cities like Mumbai, Delhi).
- Municipal Councils (for medium towns).
- Nagar Panchayats (for transitional areas — rural to urban).
- Structure:
- Elected Councillors.
- Chairpersons/Mayors.
- Municipal Commissioner (executive head, appointed by State).
- Reservation:
- SC/STs and Women (at least 1/3rd seats).
- State Election Commission:
- Conducts elections every 5 years.
- 12th Schedule Functions (Key Examples):
- Urban planning.
- Regulation of land use.
- Water supply, sanitation.
- Public health.
- Fire services, slum improvement, poverty alleviation.
- Important Committees:
- Dinesh Goswami Committee (1990): Suggested municipal reforms.
- Second Administrative Reforms Commission: Suggested strengthening municipal governance.
Key Highlight:
74th Amendment gave constitutional protection to Urban Local Bodies — making urban governance more systematic and accountable.
Quick Revision:
Chapter No. | Topic Covered |
---|---|
38 | Panchayati Raj |
39 | Municipalities |
Next Section: PART-VI: UNION TERRITORIES AND SPECIAL AREAS
(Ch 40-41: Union Territories, Scheduled and Tribal Areas)
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PART-VI: UNION TERRITORIES AND SPECIAL AREAS
Chapter 40: Union Territories
Summary:
Union Territories (UTs) are regions governed directly by the Central Government — unlike states which have their own governments.
Important Points:
- Constitutional Provisions:
- Article 1: India = States + Union Territories.
- Article 239 to 241: Deal with UTs.
- Current List (as of now):
- 8 Union Territories:
- Andaman and Nicobar Islands
- Chandigarh
- Dadra and Nagar Haveli and Daman and Diu
- Lakshadweep
- Delhi (NCT)
- Puducherry
- Jammu and Kashmir
- Ladakh
- 8 Union Territories:
- Administration:
- Administered by President through an Administrator (appointed by President).
- Some UTs (Delhi, Puducherry, J&K) have their own legislatures and governments.
- Special Cases:
- Delhi (NCT):
- Has an elected assembly (69th Amendment Act, 1991).
- Chief Minister + Lt. Governor (Administrator).
- Subjects like Police, Public Order, Land are under Centre’s control.
- Puducherry:
- French colonies merged into India (1962).
- Legislature and Council of Ministers under special arrangement.
- Delhi (NCT):
- Recent Change:
- 2019: Jammu and Kashmir reorganized into 2 UTs — J&K (with legislature) and Ladakh (without legislature).
Key Highlight:
UTs are created for reasons like strategic importance, cultural distinctiveness, or administrative convenience.
Chapter 41: Scheduled and Tribal Areas
Summary:
Special provisions exist to protect the cultural distinctiveness and development needs of Scheduled Areas and Tribal populations.
Important Points:
- Scheduled Areas:
- Areas with majority Scheduled Tribe (ST) populations, declared under the Fifth Schedule.
- Constitutional Provisions:
- Fifth Schedule (Art 244):
- Special administration for Scheduled Areas (mostly in normal states like Chhattisgarh, Jharkhand).
- Governor has special powers (can regulate laws for these areas).
- President can declare Scheduled Areas.
- Sixth Schedule (Art 244 + 275):
- For Northeastern tribal areas (Assam, Meghalaya, Tripura, Mizoram).
- Autonomous District Councils (ADCs) created.
- Councils have powers of legislation, taxation, administration.
- Fifth Schedule (Art 244):
- Autonomous District Councils (ADCs):
- 3 types of members: elected, nominated by Governor, and ex-officio.
- Powers over land, forest, water, village administration, inheritance laws, etc.
- Purpose:
- Preserve tribal customs.
- Promote self-rule among tribes.
- Important Bodies:
- Tribal Advisory Council in Fifth Schedule areas (if more than 50% ST population).
- Governor’s Reports on administration of Scheduled Areas to the President.
Key Highlight:
Fifth Schedule = Normal States
Sixth Schedule = Tribal Areas of Northeast (with greater autonomy).
Quick Recap:
Chapter No. | Topic Covered |
---|---|
40 | Union Territories |
41 | Scheduled and Tribal Areas |