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You are here:Open notes-->VTU-->Constitution-of-india-and-Professional-ethics-Unit-4

Constitution of india and Professional ethics Unit-4


THE GOVERNOR

153. Governors of States.—
There shall be a Governor for each State:
Provided that nothing in this article shall prevent the appointment of the same person as Governor for
two or more States.
154. Executive power of State.—
(1) The executive power of the State shall be vested in the Governor and shall be exercised by him
either directly or through officers subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other
authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any
authority subordinate to the Governor.
155. Appointment of Governor.—
The Governor of a State shall be appointed by the President by warrant under his hand and seal.
156. Term of office of Governor.—
(1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five
years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
157. Qualifications for appointment as Governor.—
No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years.
158. Conditions of Governor's office.—
(1) The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated
his seat in that House on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and
privileges as are specified in the Second Schedule.
(3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
159. Oath or affirmation by the Governor.—
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available
160. Discharge of the functions of the Governor in certain contingencies.—
The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
161. Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases.—
The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.
162. Extent of executive power of State.—
Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or
authorities thereof.
CHIEF MINISTER & COUNCIL OF MINISTERS
163. Council of Ministers to aid and advise Governor.—
(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in
question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
164. Other provisions as to Ministers.—
(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:
Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be,
then the total number of Ministers in that State shall be brought in conformity with the provisions of
this clause within six months from such date as the President may by public notification appoint. (1B)
A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister
under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative
Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(3) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
(4) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
STATE LEGISLATURE
168. Constitution of Legislatures in States.—
(1) For every State there shall be a Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Maharashtra, Karnataka and Uttar Pradesh, two Houses;
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.
Legislative Assembly
The Vidhan Sabha also known as Legislative Assembly is the lower house of state legislature in India. Members of the Vidhan Sabha are direct representatives of the people of the particular state as they are directly elected by an electorate consisting of all adult citizens of that state. Its maximum size as outlined in the Constitution of India is not more than 500 members and not less than 60. However, it can be less than 60 by an Act of Parliament like in the states of Goa, Sikkim and Mizoram. The Governor can appoint 1 member to represent the Anglo-Indian community if he or she finds that community to not be adequately represented in the House.
Each Vidhan Sabha is formed for a five year term after which all seats are up for election. During a State of Emergency, its term may be extended past five years or it may be dissolved. It can also be dissolved if a motion of no confidence is passed within it against the majority party or coalition.
Qualifications
To become a member of the Vidhan Sabha, a person must be a citizen of India, not less than 25 years of age. He should be mentally sound and should not be bankrupt. He should also state an affidavit that there are no criminal procedures against him.
The members of the Vidhan Sabha elect a Speaker of Vidhan Sabha who is responsible for the conduct of business of the body, and also a Deputy Speaker to preside during the Speaker's absence. The Speaker acts as a neutral judge and manages all debates and discussions in the house. Usually he is a member of the stronger political party The Vidhan Sabha holds equal legislative power with the upper house of state legislature, the Vidhan
Parishad, except in the area of money bills in which case the Vidhan Sabha has the ultimate authority.
If conflicting legislation is enacted by the two Houses, a joint sitting is held to resolve the differences. In such a session, the members of the Vidhan Sabha would generally prevail, since the Vidhan Sabha includes more than twice as many members as the Vidhan Parishad.
Powers & Functions
A motion of no confidence against the government in the state can only be introduced in the Vidhan Sabha. If it is passed by a majority vote, then the Chief Minister and his Council of Ministers must collectively resign.
A money bill can only be introduced in Vidhan Sabha. After it is passed in the Vidhan Sabha, it is sent to the Vidhan Parishad, where it can be kept for a maximum time of 14 days. Unless the Vidhan Parishad rejects it or 14 days lapse or the suggestions made by the Vidhan Parishad are not acceptable
to the Vidhan Sabha, the bill is considered passed. The budget of state is also presented in the Vidhan Sabha by the Finance Minister of the state in the name of the Governor of that state.
In matters related to ordinary bills, after it is passed by the originating house (that is either Vidhan Sabha or Vidhan Parishad) it is sent to the other house, where it can be kept for a maximum period of 6 months time. If the other house rejects the bill or 6 months pass or the suggestions made by the other
house is not acceptable to the originating house, it results in a situation of deadlock. This is resolved by the Governor by calling a joint session of both houses which is presided over by the speaker of the Vidhan Sabha and decided by a simple majority. Since the Vidhan Sabha has greater numerical
strength, it is in a position of advantage unless fractured by many different parties
Legislative Council
The Vidhan Parishad also known as Legislative Council forms a part of the state legislatures of India. In 6 of India's 28 states (Uttar Pradesh, Bihar, Karnataka, Maharashtra, Jammu and Kashmir and Andhra Pradesh), the Legislative Council serves as the upper house of a bicameral legislature. It is a house indirectly elected by the people. It is also a permanent house because it cannot be dissolved.
Also, only one-third of its members run for election every 2 years. Every MLC (Member of Legislative Council) serves for a term of 6 years.
Qualifications :-
• To become an MLC, a person must be a citizen of India, not under 30 years of age.
• He should be mentally sound and should not be bankrupt.
• His name should be on the voter's list of the state from where he is contesting the elections.
Membership
The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan Sabha, the Legislative Assembly (lower house) of that state.
But its size cannot be less than 40 except in Jammu and Kashmir where there are 36 by an Act of Parliament.
One-sixth of its membership is nominated by the Governor from among persons who have excelled in science, arts, social service and other activities.
Another one-third is elected by the local government bodies and one-twelfth by teachers of secondary schools, colleges and universities.
THE HIGH COURTS IN THE STATES
214. High Courts for States.—
There shall be a High Court for each State.
215. High Courts to be courts of record.—
Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
216. Constitution of High Courts.—
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
217. Appointment and conditions of the office of a Judge of a High Court—
(1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold
office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: Provided that—
(a) a Judge may, by writing under his hand addressed to the President, resign his office;
(b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
(c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the
territory of India.
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of
India and—
(a) has for at least ten years held a judicial office in the territory of India; or
(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in
succession.
219. Oath or affirmation by Judges of High Courts.—
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
220. Restriction on practice after being a permanent Judge.—
No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and the other High Courts.
222. Transfer of a Judge from one High Court to another.—
(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.
223. Appointment of acting Chief Justice.—
When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.
224. Appointment of additional and acting Judges.—
(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.
(2) When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
(3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.
225. Jurisdiction of existing High Courts.—
Subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution:
Provided that any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no
longer apply to the exercise of such jurisdiction.
226. Power of High Courts to issue certain writs.—
(1) Notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the
High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day
afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the power
conferred on the Supreme Court by clause (2) of article 32.
227. Power of superintendence over all courts by the High Court.—
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provision, the High Court may—
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:
Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.
228. Transfer of certain cases to High Court.—
If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this  constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may—
(a) either dispose of the case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt
thereof proceed to dispose of the case in conformity with such judgment.
229. Officers and servants and the expenses of High Courts.—
(1) Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct:
Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.
(2) Subject to the provisions of any law made by the Legislature of the State, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief
Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to
make rules for the purpose:
Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave
or pensions, require the approval of the Governor of the State.
(3) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.
230. Extension of jurisdiction of High Courts to Union territories.—
(1) Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory.
(2) Where the High Court of a State exercises jurisdiction in relation to a Union territory,— (a) nothing in this Constitution shall be construed as empowering the Legislature of the State to increase, restrict or abolish that jurisdiction; andsubordinate courts in that territory, be construed as a reference to the President.
231. Establishment of a common High Court for two or more States.—
(1) Notwithstanding anything contained in the preceding provisions of this Chapter, Parliament may by law establish a common High Court for two or more States or for two or more States and a Union
territory.

The chief ministers of karnataka :- 
NoNameTerm of office
1Jayachamarajendra Wadiyar1 November 19564 May 1964
2S M Srinagesh4 May 19642 April 1965
3V. V. Giri2 April 196513 May 1968
4Gopal Swarup Pathak13 May 196730 August 1969
5Dharma Vira23 October 19691 February 1972
6Mohanlal Sukhadia1 February 197210 January 1976
7Uma Shankar Dikshit10 January 19762 August 1977
8Govind Narain2 August 197715 April 1983
9Ashoknath Banerji16 April 198325 February 1988
10Pendekanti Venkatasubbaiah26 February 19885 February 1990
11Bhanu Pratap Singh8 May 19906 January 1991
12Khurshed Alam Khan6 January 19912 December 1999
13V. S. Ramadevi2 December 199920 August 2002
14T. N. Chaturvedi21 August 200220 August 2007
15Rameshwar Thakur21 August 200724 June 2009
16Hans Raj Bhardwaj24 June 200929 June 2014
17Konijeti Rosaiah29 June 201431 August 2014
18Vajubhai Rudabhai Vala1 September 2014Incumbent


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