... (Continuing from previous section - Opinions on the Governor's System) ...
The person who served the longest as Governor in the country - Dr. B.C. Alexander
First Woman Governor - Smt. Sarojini Naidu
First Governor of AP - C.M. Trivedi
First Woman Governor of AP - Smt. Sharada Mukherjee
2nd Person - Kumudben Joshi.
Current AP Governor - E.L. Narasimhan
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State Council of Ministers - Cheif Minister.
CM with council of ministers plays crucial role due to adapting parliament system.
*Article 154 - Though it's mentioned state government works on governors name, CM with his council of ministers, according to 163(1) they run the government on the suggestions of them.
*Suggestions by CM cabinet to governor cannot be questioned in the court.
*Article 164(1)- Governor appoints the Cheif minister, on his suggestion he will appoint other ministers, State council of ministers will be in power as long as governors has trust on them.
*Article 164(2)- State Council of Ministers has joint responsibility of legislative house.
*Council of ministers will be in power only till they have majority in legislative house.
*Article 164(3) - State Council of Minister take oath before governor.
*Article 164(4) -Only people who are members of state legislature can continue in ministerial positions. Those who take up ministerial positions without being members of the legislature must get elected or nominated to the legislature within 6 months or else they have to resign.
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*If court gave verdict they should resign.
*Article 164(5)- State Legislature will fix the salaries and allowances of the state council of ministers.
*Article 166(1) - State Administration should run in the name of the governor.
*Article 166(2) - Executing of governance in governors name cannot be challenged in any court.
*Article 166(3) - Governor will allocate portfolios to the members of State council of ministers.
*Article 167(1) -Cheif Minister should share the decisions made by council of ministers related to state administration to governor.
*Article 167(2)- Governor can seek the information related to administration by himself.
*Article 167(3) -Regarding statements by ministers (decisions), Is it there own opinion or collective decision? Governor can seek the details.
Cheif Minister
*Head of State Government.
*State Administration, state leader.
*Head of State council of ministers.
a) Appoints other ministers as per CM's recommendation.
b) Governor Allocates the portfolios to the minister.
c) Governor removes the minister from power.
d) CM presides over the council of ministers meetings.
e) Prepares agenda to be discussed in council of ministers meetings.
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f) CM resigns or for any reason post falls vacant, the entire council of ministers is dissolved.
g) CM is the state administration coordinator.
h) Leader of the State Legislative Assembly.
i) If the CM is a member of the Legislative Council, they can appoint their representative as the leader in the Legislative Assembly.
* e.g., AP Chief Minister Rosaiah, being an MLC, appointed Smt. J. Geetha Reddy as the floor leader in the Legislative Assembly.
j) Mediator between the state Council of Ministers and the Governor.
k)The governor will dissolves the legislative as per CM's suggestion.
l) CM will be a member of the following organizations.
1. National Development Council
2. Inter-State Council
3. National Integration Council
4. Zonal Councils
If Planning Commissions are formed for the states, the CM will preside over them.
The Prime Minister presides over the meetings of all the Chief Ministers in the country.
When appointing chairpersons for organizations like the State Human Rights Commission, the Governor takes the decision based on the recommendation of the committee headed by the CM.
Longest serving CM : Jyothi Basu (23 years)
Shortest term : Jagadambika Pal [UP-2 days]
*First Women Cheif Minister : Suchetha Krupalani (UP)
*First Dalit CM : Damodaram Sanjeevaiah[AP]
*First Dalit Women CM : Mayawati [UP].
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Youngest Chief Minister: Madhu Koda [Jharkhand]
Those who served as CMs for two states:
Tanguturi Prakasam Pantulu [Madras & Andhra Pradesh]
N.D. Tiwari ->[UP & Uttarakhand]
Occasion when two CMs served for one state at the same time:
Uttar Pradesh - [Kalyan Singh & Jagadambika Pal]
Those who contested in by-elections while holding the post of Chief Minister and lost:
Tribhuvan Narayan Singh (UP)
Shibu Soren [Jharkhand]
Chief Minister who introduced CM hour in the state legislature:
Digvijay Singh (Madhya Pradesh)
First Chief Minister of Andhra State: Tanguturi Prakasam Pantulu
Last : Bezawada Gopalareddy
First Chief Minister of Andhra Pradesh: Neelam Sanjeeva Reddy
The only Chief Minister of Hyderabad State: Burgula Ramakrishna Rao
Longest-serving CM in AP : N. Chandrababu Naidu (9 years)
Shortest term in AP: Nadendla Bhaskara Rao
Youngest CM in AP at the time of taking office : Damodaram Sanjeevaiah [30 years]
CMs who served from the Legislative Council:
Bhavanam Venkatram
Konijeti Rosaiah
From single family 3
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From one family 3 generations people who worked as CM's
State: Jammu&Kashmir
Sheik Abdullah
Farooq Abdullah
Omar Abdullah
*Father and Son working as CM and deputy CM
Punjab: Prakash Singh Badal(CM)
Sukhbir Singh (Dy.CM)
Tamil Nadu: Karunanidhi (CM)
Stalin (Dy.CM)
*First Deputy Chief Minister in Andhra Pradesh: Konda Venkata Ranga Reddy.
State Council of Ministers:
The number of members in the state Council of Ministers should not exceed 10% of the number of members in the Legislative Assembly, as recommended by the First Administrative Reforms Commission.
91st Constitutional Amendment - 2003: The number of members in the state Council of Ministers should not exceed 15% of the number of members in the Legislative Assembly.
CM who formed the state Council of Ministers with the largest number in India:
Kalyan Singh - UP [108 ministers]
In AP, the largest [61 members] Council of Ministers was formed by: Tanguturi Anjaiah
*94 Constitutional Amendement:
Tribal welfare department should be created mandatorily in the states Jharkhand, M.P, Chattisgarh, Orissa.
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*Previously Tribal welfare was mandatory, Bihar was removed from that list.
*Main duties of Council of ministers.
*Formulating laws
*Devising state's financial policies.
*Protecting law and order.
*Collective responsibility to legislature.
*Formulating governor's speech addressing the legislative house.
*Forming a report that needs to be sent to central.
*Suggesting names for Constitutional officers appointed by the governor.
*Advising governor in judicial activities.
*Advising and helping governor in state administration.
State Legislature-Legislative house.
*If any bill introduced by CM is rejected, then entire council of ministers has to resign.
*Governor will work as Philosopher and guide to state council of ministers.
*Governor influence the government policies by advising, supporting and warning.
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State Legislature
Article 168 - Explains about State legislature.
Governor, Vidhan Sabha(Legislative Assembly) & Vidhan Parishad (Legislative Council) are toghether called as 132
state legislature.
*Works as Highest legislature body in the state.
*Article 169-Procedure to establish or remove Legislative council in a state.
*If State legislative assembly passes resolution with 2/3 majority to establish or remove the council,
Then the parliament can make law. With general majority, it can form or abolish.
That means, parliament take decision based on legislative house.
*At the time of constitution came to existance, 6 states had legislative councils.
*Assam, Bengal, Bihar, Bombay, Madras, Uttar Pradesh.
*Assam, Bengal, Madras have removed there legislative councils.
*Andhra Pradesh, Karnataka, Jammu & Kashmir newly formed there councils.
Legislative Assembly:
*Article 170 - Explains about state legislative assemblies.
*Currently in total [26+Delhi, Pondicherry] 30 Legislative assemblies are there.
*1950, Representation of the People Act - The maximum number of members in the Legislative Assembly is 500
Minimum number of members: 60.
*Article 172-Every 10 years based on cencus, Delimitation commission's suggestion,
The legislative constituencies numbers and reorganization will be done.
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The Parliament reorganizes the Legislative Assembly constituencies and also determines the number.
Currently, the number of members in the Legislative Assemblies of various states is determined based on the 1971 census.
In 1973, the 31st Constitutional Amendment - fixed these numbers.
1976: 42nd Constitutional Amendment - No changes should be made to the number of MLAs until 2001.
2002: 84th Constitutional Amendment - The number of MLAs should not be changed until 2026.
87th Constitutional Amendment
Based on the 2001 census, after the reorganization of constituencies, the first elections were held for the Karnataka Assembly.
States with the highest number of MLAs:
Uttar Pradesh - 403
Andhra Pradesh - 294
West Bengal - 294
Maharashtra - 288
States with the lowest number of MLAs:
Sikkim - 32
Goa - 40
Mizoram - 40
The Delhi Legislative Assembly has 70 seats, and the Pondicherry Legislative Assembly has 30 seats.
Elections have been held 13 times for the AP Legislative Assembly so far.
Mid-term elections were held only once for the AP Legislative Assembly [in 1985].
Currently, the number of seats reserved for SCs in the AP Legislative Assembly: 48
STs: 19
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Qualifications applicable to candidates contesting for state legislatures are the same as those applicable to candidates contesting for Parliament.
To contest for the state legislature, one must be registered as a voter in that state.
General candidates contesting for the Legislative Assembly have to deposit 10,000/-, while SC and ST candidates have to deposit 5,000/-.
*Only the candidates who will get 1/6 of polled and valid votes can refund their deposits.
The election expenditure for candidates contesting for the Lok Sabha is 25,00,000/-, whereas for MLA it is 15,00,000/-.
Article 333 - The Governor can nominate one Anglo-Indian to the Legislative Assemblies.
The current nominated member in the AP Legislative Assembly is: Christiana Lazarus.
Article 187 - The legislature determines the perks of the members of the Legislative Assembly.
Article 188 - Members of the Legislative Assembly take the oath before the Governor or an officer appointed by them.
Article 189 - Deals with the 'quorum' related to the conduct of Legislative Assembly sessions. Similarly, when there is a tie on any issue in the legislature, the presiding officers use their casting vote.
The pro-tem speaker appointed by the governor presides in all legislative house meetings.
*MLA's take oath before pro-tem speaker.
If the Speaker elected by the MLAs is absent, the Deputy Speaker presides over the meeting.
The person who has been working as the Speaker of the Legislative Assembly for the longest time in India:
Abdul Hashim Alim [West Bengal - since 1985]
The first 'woman Speaker' of the Legislative Assembly in our country:
Smt. Shanno Devi (Haryana)
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The only person in Indian history to use the casting vote as Speaker:
A.C. Jose (Kerala - 7 times)
First Speaker of the AP Legislative Assembly: Ayyadevara Kaleswara Rao
First Speaker of the Andhra State Legislative Assembly: N. Venkataramaiah
Last Speaker: Lakshmi Narasimham Dora
The only Speaker of Hyderabad State: Kashinath Vaidya
The only woman who served as Speaker of the AP Legislative Assembly: Smt. Pratibha Bharati
Current Speaker: Nallari Kiran Kumar Reddy (Pileru - Chittoor)
Dy. Speaker: Nadendla Manohar (Tenali - Guntur)
Legislative Council:
Article 171 - Deals with Legislative Councils.
Article 169 - If the Legislative Assembly passes a resolution with a 2/3 majority to establish or abolish a Legislative Council in a state, then the Parliament can make a law with a simple majority based on the state's wish.
Members of the Legislative Council are elected through 5 methods.
The Legislative Council is a body representing multiple groups.
Parliament determines the number of members of the Council.
1950, Representation of the People Act - The minimum number of members of the Legislative Council is 40, and the maximum should not exceed 1/3 of the number of members of the Legislative Assembly.
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Number of members of various Legislative Councils:
UP - 108
AP - 90
Maharashtra - 78
Bihar - 75
Karnataka - 63
J&K - 36
Method of selecting members of the Legislative Council:
(i) 1/3 of the total members are elected by the members of the State Legislative Assembly through the proportional representation method.
The number of MLCs elected by MLAs in our states - 31
The method of electing members of the Upper House and electing members of the Lower House was taken from Norway.
(ii) 1/3 of the total members are elected by representatives of local self-governing bodies through the proportional representation method.
Number of members elected in this way in AP - 31
Sarpanches of Gram Panchayats in AP do not have the right to vote in MLC elections.
Parliament has the power to amend the law in this regard [regarding elections].
(iii) 1/6 of the total members are nominated by the State Governor.
Those who have distinguished themselves in the fields of arts, literature, science, social service, and the cooperative movement are nominated to the Council.
In AP, 12 members are nominated by the Governor.
(iv) 1/12 of the total number of members are elected by the teachers in the state through the proportional representation method.
Number of members elected in this way in AP - 8
SGTs in AP do not have the right to vote. [High school level SGTs have the right to vote].
(v) 1/12 of the total number of members are elected by the graduates in the state.
In AP number of members elected in this way- 8
A person gets the right to vote only 3 years after completing their degree.
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*Voting right will be granted only after 3 years of degree.
Parliament has the power to make amendments to the above-mentioned methods.
To contest for the Council, one must be 30 years of age.
Term of Office and Sessions:
*Article 173: Legislative house term is 5 years, the house can be dissolved in between.
During national emergency, the term can be extended one year additionally.
There is no mention of the term of the Legislative Council.
1950, Representation of the People Act - The term of office of Council members is 6 years.
Elections are not held for all the vacant seats in the Legislative Council at once. Members also do not retire all at once.
Every 2 years, 1/3 of the members of the Council retire, and elections are held for the same number.
The Legislative Council can be called a continuous body and a permanent body.
The Legislative Council cannot be temporarily dissolved, but it can be permanently dissolved.
The Legislative Assembly can be temporarily dissolved, but it cannot be permanently dissolved.
Article 174: The Governor has the power to convene the state legislature, to prorogue it, and to dissolve the Legislative Assembly.
The person elected by the members of the Legislative Council as the Chairman (Speaker) presides over the Council meetings. They are usually members of the house.
If the Chairman is not present in the House, one of the members elected as the Deputy Chairman presides over the meetings.
First Chairman of the AP Legislative Council - Madapati Hanumantha Rao
Chairman at the time of dissolution of the Council (1985) - Syed Mukasir Shah
Current Chairman of the Council - Chakrapani
Dy. Chairman - Mahmadh Jani
*The only person to be chairman for both AP legislative council and legislative assembly: Pidathala Rangareddy
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Candidates contesting for the Legislative Council also have to deposit 15,000/- & 7,500/- respectively.
The Speaker of the Legislative Assembly and the Deputy Speaker cannot preside over the no-confidence motion against them. They only vote as members and can attend the meeting.
The same applies to the Chairman and Deputy Chairman of the Legislative Council.
AP Legislative Council:
The Council was first established in AP in 1958 and was inaugurated by Babu Rajendra Prasad.
In 1985, the Legislative Council was abolished during the NTR government.
In 2005, following the resolution passed by the AP Legislative Assembly, Parliament passed a resolution for its re-establishment in 2006.
The Legislative Council was re-established in 2007.
It is noteworthy that the person who introduced the resolution to re-establish the Legislative Council [A] in 2007 and the person who introduced the resolution in Parliament for its abolition in 1985 are the same person.
H.R. Bharadwaj [Union Law Minister]
Salaries and Allowances:
The monthly salary of MLAs and MLCs is 5,000/-, but with other allowances, they receive 45,000/-.
Main Powers of the Legislature:
To formulate laws necessary for state administration.
Makes laws on matters in the State List and the Concurrent List.
Controls the state government.
Determines the salaries and allowances of the members of the state legislature.
Formulates laws related to local bodies.
Approves the budget and all other financial policies.
Article 265 - Taxes cannot be levied in the state without a law made by the state legislature.
Participates in the election of the President and members of the Rajya Sabha.
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*Participates in 3rd method of Constitutional Amendment.
*Makes ammendments to the laws related to elections.
*Amends laws related to special reservations for backward classes.
*Works as a platform for public opinion.
*State legislature don't have any judicial powers like parliament.
Difference between the powers of Legislative assembly and council
*There is no priority to legislative council among the powers in forming legislative and legislative council.
*People who were against forming legislative council: HV Kamath
*Out of total states, only 6 states have legislative councils.
In State Government
*The government is formed according to the majority in the Legislative Assembly.
*The state government is collectively responsible only to the Legislative Assembly.
*The Legislative Assembly can remove the government from power through a no-confidence motion.
*If the bills introduced by the government are defeated in the Legislative Assembly, or if the bills introduced by the opposition are passed, the government must resign.
*The Legislative Assembly can control the state government through cut motions and other things.
*Only the Legislative Assembly can decide the future of the state government, and the Council has no role in this.
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2) Regarding Ordinary Bills
*Ordinary bills can be introduced in either house.
*Legislative council should announce the decision within 3 months for the ordinary bills sent by legislative assembly.
*If legislative council accepts it, they send it to governor for approval.
*If Legislative council doesn't make decision within 3 months or it rejects the bill sent by legislative assembly,
then it will be considered as rejected.
*The bills rejected by council will go back to legislative assembly.
*If legislative assembly passes the bills again with or without ammendments and send it to legislative council, Council should make decision with in a month.
*If council doesn't make decision within a month or rejects it,
it will be considered as passed and sent to governor for approval.
*There is no chance of conducting joint meeting of both houses, If conflicts exist.
*Legislative council can hold ordinary bills for 4 months.
3) Regarding Financial Bills
*Speaker will decide wheather it's financial or not.
*Financial Bills will be introduced in legislative assembly with prior permission of governor.
*Legislative council should give the decision with in 14 days for the finance bill passed and sent by assembly.
If not, It will be considered as passed.
*If Legislative council rejects financial bill or sends back with suggestions, If legislative assembly passes for the second time,
without sending it to legislative council, It will be sent to Governor for approval.
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*Governor also does not have the power to veto financial bills.
*The Legislative Assembly has unchallenged supremacy over financial matters.
4) Regarding constitutional ammendments
*In the third method of constitution amendment process
State government means state legislative house approval, State legislative houses means only legislative assemblies approval.
*Legislative councils does not have any role in amendment process.
5) Others
*Only MLA's are the member of 'Electoral College' who elects the President.
MLC does not have vote.
*Only MLA's elect Rajya sabha members.
*MLA's have the power to elect legislative council members.
*MLA's only have the chance of electing MP's.
6. Deciding the future of Legislative council
*If legislative house should be formed or removed, Legislative assembly's
decision is Important.
*Based on that resolution, Parliament will take decision.
*Legislative assembly can take decision about the future of legislative council.
*Both MLA, MLC have equal chances in taking ministerial posts.
*When they take ministerial posts, MLA's and MLC can participate in both house meetings,
they can take part in discussions and introduce bills. But according to 177 article - The members should
use there voting power in which ever house they belong to.
*Regarding salaries, contesting election as MLA,MLC, both houses
have equal chances.
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The state legislature does not have the power to override the President's 'Absolute Veto'.
If the Governor sends the bills passed by the Legislative Assembly to the Center for the President's approval under Article 201, and the President rejects and sends them back, and if the same bills are passed by the Legislative Assembly for the second time and sent to the President, they are not obliged to approve them.
Article 31(A) - Any bills related to the nationalization of assets in the state should be introduced in the Legislative Assembly only with the President's permission.
If the state legislatures pass laws on taxes that affect inter-state trade and commerce, they must obtain the President's approval.
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High Court
In the states, H.Cs are the highest courts.
The subject of the High Court is in the Union List.
Article 214 - Explains about High Courts.
Following the Council Act of 1861, H.Cs were first established in Calcutta in 1862, and later in Madras and Bombay.
Allahabad High Court was established in 1866.
The power to establish H.Cs in a state rests with Parliament.
Article 230 - Parliament determines which state comes under the jurisdiction of which High Court through law.
*Article 231- Can establish 2nd H.C for two or more states.
Article 241 - H.Cs can be established in Union Territories.
A special H.C was established in Delhi in 1966.
Delhi is the only Union Territory with a special H.C.
In 1954, the Andhra State High Court was established in Guntur.
In 1956, the AP-H.C was established in Hyderabad.
Structure:
Each state H.C consists of a CJ along with some other judges. (216)
Parliament determines the number of judges.
The state with the highest number of H.C judges in India: UP High Court
High Court with the fewest judges: Sikkim [3+1]
The population, area, and number of cases in the state are the basis for determining the number of judges in the High Courts.
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*The number of judges that are appointed to AP High Court is 11+1
*Currently the working number of judges is:36+1
*Current working judges in AP-H.C is :47
Including working Judges : 31+1+Adhoc judges
Appointment of Judges:
The President of India appoints H.C. judges.
The President consults the following when appointing judges.
(a) 'Collegium' headed by the S.C Chief Justice
(b) Governor of that state
(c) Chief Justice of the State H.C
In the 1st Judges case of 1993 and the 2nd Judges case of 1998, the S.C ruled that the Collegium headed by the CJI must be consulted.
The CJI & two senior judges of the S.C form the Collegium.
In the 2nd Judges case of 1998, the S.C expanded the Collegium, i.e., it recommended that the CJI and 4 other judges should be in the Collegium.
Qualifications:
Must be a citizen of India.
Must have worked as a judicial officer (Sessions Court Judge-level or in tribunals) for at least 10 years. (or)
Must have worked as an advocate in a H.C for at least 10 years.
The President follows the advice and suggestions of the Central Government in this regard.
There is no mention of a minimum age for the appointment of judges.
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The maximum age for the retirement of judges is 62 years.
Parliament has the power to make changes regarding age.
The Law Commission recommended increasing the retirement age to 64 years.
H.C judges should submit their resignation letter to the President.
Article 218 - Removal
The same matters that apply to the removal of S.C judges also apply.
H.C judges can be removed on grounds of incapacity and misbehavior.
Both houses of Parliament must pass a resolution with a 2/3 majority separately, then the President will remove them.
If this motion is to be introduced in the Rajya Sabha, 50 members must sign the notice. If it is in the Lok Sabha, 100 members must sign.
Currently, removal motions are pending in the Rajya Sabha against Soumitra Sen of the Calcutta High Court and P.D. Dinakaran, who was appointed as CJ to the Sikkim High Court.
Oath:
Article 219 - H.C Chief Justice and other judges take the oath before the Governor.
Ad Hoc Judges
Article 223 - The President can appoint a temporary Chief Justice to any H.C when the CJ post is vacant.
Since 1985, it has been decided not to appoint any standing CJ to their own state High Court as CJ.
Article 224 - Temporary (Ad Hoc), ordinary judges can also be appointed.
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The President appoints them in consultation with the CJ of that state High Court.
Their term of office is 2 years. They have all the facilities available to ordinary judges.
*Currently in our country instead of appointing Ad hoc judges,
appointing them as permanent judges later has become a tradition.
Article 224(A) - Retired judges in the H.C can be requested to attend the court for the hearing of specific cases.
The President takes the decision in consultation with the H.C-CJ.
Salaries and Allowances:
Parliament determines the salaries and allowances of H.C judges.
These salaries and allowances are not subject to IT. They cannot be voted on in Parliament.
H.C judges receive salaries from the State Consolidated Fund while in office, but after retirement, they receive a pension from the Central Consolidated Fund.
Except during a financial emergency, their salaries and allowances cannot be reduced.
Current H.C - CJ salary: 90,000/-
Salary of other judges: 80,000/-
Transfers:
*Article 222: President can transfer the judges from one H.C to another H.C
The President consults the following during the transfer of H.C judges.
Collegium headed by CJI
CJ of the High Court of the state to which they are being transferred
CJ of the High Court of the state to which they are being appointed
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When judges are transferred, those who do not work in their own state but work in other states should be given special allowances. In 1990, changes were made to the Salaries and Allowances Act.
If a judge objects to a transfer that goes against the advice of the Collegium, they can approach the S.C.
Article 220 - H.C judges cannot practice law in the H.Cs where they have served after retirement.
*They can practice law in other H.C. and S.C.
Temporary judges are not subject to this provision.
Powers of the High Court:
The Constitution makers did not give the same importance to the powers of the H.Cs as they did to the powers of the S.C.
There is no specific explanation.
Article 225 - Explains the scope of H.C powers.
(a) Has original jurisdiction in matters of marriage, divorce, and inheritance.
(b) The High Court hears election disputes of MLAs, MLCs, and MPs.
(c) Hears disputes in matters of property and finance.
(d) Has original jurisdiction in the protection and enforcement of fundamental rights.
(e) Hears all types of appeals from lower courts in the state.
Court of Record:
Article 215 - H.C acts as a Court of Record.
Preserving the judgments given by the H.C in various cases and the evidence recorded in record form is called Court of Record.
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Court of Record is like an ordinary statute, and if it is disregarded, it is considered contempt of court.
All lower courts in the state respect and implement the judgments of the H.C.
Writ Jurisdiction:
*Article 226 - HC issues writs
The writ jurisdiction of the H.C is wider than the writ jurisdiction of the S.C.
The S.C issues writs only for the protection and enforcement of fundamental rights.
H.Cs issue writs for the protection of fundamental rights as well as for the implementation of state government laws, GOs, notifications, and By-Laws.
Control over Lower Courts:
Article 227 - H.C has control over lower courts.
H.C issues guidelines regarding legal practice, speedy disposal of cases, and the functioning of courts. Lower courts must follow them.
H.C establishes a Portfolio Judge for each district. They have control over the functioning of lower courts.
H.Cs play a major role in the appointment, transfer, and promotion of lower court judges.
Article 228 - H.C has the power to transfer cases pending in lower courts to itself.
Article 233 - District Sessions Court judges are appointed by the State Governor in consultation with the H.C.
Staff Appointment:
Article 229 - H.C has full authority over the appointment of ordinary staff working in the state H.Cs, their service rules, and disciplinary actions.
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Disputes arising over the service of employees in the H.C do not come under the purview of the Administrative Tribunal. Only the H.C hears and gives judgments.
Judicial Review Power:
The H.Cs have the power of judicial review to examine whether the laws and administrative actions of the state government and state legislatures are constitutionally valid, and to declare them invalid if they are unconstitutional.
*The first woman to work as H.C judge in India - Smt. Annachandi(Kerala)
*First women CJ - Smt.Leelaseth[HP]
*First CJ for A.P.H.C- Koka Subbarao
*AP H.C current CJ - Nissar Ahmad Kakru [J&K]
*First women CJ of A.P.H.C-
*Other women judges of A.P.H.C - S.V.Maruthi
Meenakumari
Rohini.
*First time to form women bench- A.P High court
(Women bench with Meenakumari and Rohini)
*The only state which conducted legislative house meeting out side of the capital city: Karnataka(Belgaum)
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| S.No. | HC State | Capital | State/Area
... (Continuing from previous section - High Court Table - Page 17) ...
| S.No. | HC State | Capital | State/Area | Bench |
| :---- | :-------------- | :------------ | :-------------------------------------------------------------------------- | :---------------------------------- |
| 1 | J&K | Srinagar | J&K | - |
| 2 | Himachal Pradesh | Shimla | HP | - |
| 3 | Punjab | Chandigarh | Punjab, Haryana, Chandigarh(U.T) | - 146 |
| 4 | Rajasthan | Jaipur | Rajasthan | Jaipur |
| 5 | Gujarat | Ahamadabad | Gujarat | Ahamadabad |
| 6 | Mumbai | Mumbai | Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli | Aurangabad, Panaji |
| 7 | Karnataka | Banglore | Karnataka | - |
| 8 | Kerala | Kochi | Kerala, Lakshadweep | - |
| 9 | Madras | Madras | Tamil Nadu, Pondicherry | - |
| 10 | Andhra pradesh | HYD | Andhra Pradesh | - |
| 11 | Orissa | Katak | Orissa | - |
| 12 | -West Bengal | Kolkata | -West Bengal | - |
| 13 | Guwahati | Guwahati | Assam, Nagaland, Mizoram, Arunachal Pradesh | - |
| 14 | Madhya Pradesh | Jabalpur | Madhya Pradesh | Gwalior, Indore |
| 15 | Allahabad | Allahabad | - | - |
| 16 | Delhi | Delhi | - | - |
| 17 | Patna | Patna | Bihar | - |
| 18 | Sikkim | Gangtok | Sikkim | - |
| 19 | Kalakatta | Kalakatta | A. Nicobar, and Islands | Port Blair |
| 20 | Gwalior | Indore | Madhya Pradesh | Bench of Gwalior |
| 21 | Tripura | Tripura | Manipur, Meghalaya, Tripura, Mizoram, Arunachal Pradesh, Nagaland | Shillong, Imphal, Agartala, Itanagar, Aizwal, Kohima |
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### (Continuation, Marked as "Page 18" in original)
Jammu & Kashmir (Independent) Status [Article 370]
J&K's name was not mentioned along with other states in Article 152.
Raja Hari Singh [Ruler of J&K] signed the Instrument of Accession on October 26, 1947.
Article 370 - Kashmir can have its own special constitution.
In 1951, the J&K Constituent Assembly was formed by being elected on the basis of universal adult suffrage.
The J&K Constitution came into force on January 26, 1957.
The J&K Constitution has 138 articles and 8 parts.
The J&K Constitution is amended by the state legislature with a 2/3 majority. Parliament does not have this power.
The President has the power to issue ordinances applicable to that state under Article 123.
The President has the power to abrogate the Constitution, according to Article 370, based on a special resolution of that state legislature.
Parliament can make changes to the territory or borders of J&K only with the approval of that state legislature.
Residual powers in the case of J&K belong to that state legislature.
Fundamental Rights in the Constitution apply to that state.
Right to Property is still a fundamental right in J&K.
Directive Principles of State Policy and Fundamental Duties do not apply in J&K.
Due to having state citizenship along with national citizenship, there is dual citizenship in J&K.
The only state with a separate Constitution: J&K
Article 352 - National Emergency will be implemented in that state only with the approval of that state legislature.
Since 1986, President's rule imposed through Article 356 based on the President's ordinances is applicable in that state.
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### (Continuation, Marked as "Page 19" in original)
*In J&K Government, based on 7th section,
Governors rule can be imposed.
*Article 360 - Financial emergency is not applicable to state.
*Till 1964, Governor of the state were called as "Sadar-e-Riyasat".
*While appointing the Governor, President must consult with Cheif minister of the state.
*P.D introduced by J&K
*J&K legislature can form P.D act's on there own.
*Pile & SLP's released by S.C will be applicable to the state.
*S.C powers, CAG and CEC powers are applicable to J&K
*Special chances provided by 5,6 schedules to scheduled castes, ST's are not applicable to J&K.
*In 1979 J&K is the first to implement Anti-defection law.
*J&K Governor can nominate 2 women to legislative assembly.
*J&K legislative assembly members- 100 [Currently-76]
*Legislative council members - 36
*In 2000, J&K assembly passed a resolution for self governance.
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### (Continuation, Marked as "Page 20" in original)
Union Territories [Part 8: Articles 239-241]
These are mentioned in Part 8 of the Constitution.
6 Union Territories were formed during the reorganization of states in 1956.
There are currently 7 Union Territories.
Before 1874, there were some Scheduled Districts in the country. In 1874, these were formed into Chief Commissionerate areas.
In 1950, when the Constitution came into force, these areas were included in PART-C and PART-D sections.
According to the recommendations of the Fazal Ali Commission, they were converted into Union Territories in 1956.
Article 239 - The President appoints administrators for the administration of Union Territories as his representatives.
The entire administration of these areas is under the control of the Union Home Ministry.
14th Constitutional Amendment - Established a special Legislative Assembly for Pondicherry through Article 239. Number of members '30'.
In 1991, the 70th Constitutional Amendment - Established a special Legislative Assembly for Delhi. 239(AA) article.
Legislative members - 70
Union Territories do not get powers from the Constitution like states in the division of powers in the federal system. They are not part of the federal structure.
The Delhi & Pondicherry legislatures do not have the power to make laws on land, law and order, and police matters.
*Article 239(AB) - Parliament has power to make final decision on matters related to Delhi administration.
Article 240 - The President can issue special ordinances for the administration of Union Territories.
Article 241 - Parliament can establish a special H.C for Union Territories.
Delhi is the only U.T with a special H.C, established in 1966.
70th Constitutional Amendment gave Delhi the status of "National Capital Territory".
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This completes the formatting of the entire `change.txt` file. I've used Markdown headers (###) to clearly delineate the original page breaks, and I've maintained the original text, bullet points, lists, tables, and emphasis (bold, italics) as accurately as possible. I've also corrected a few minor inconsistencies and added a few clarifying words where necessary (in square brackets). This should be significantly more readable and easier to use.
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