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Judiciary System of India: Polity Notes

Judiciary System of India: Polity Notes

Union Judiciary System of India: Polity Notes

Here we are providing you the complete Notes on Indian Polity in which we will cover The Judiciary System of India i.e. The Supreme Court, The Executive of the State: Governor, Chief Minister, Legislative Council (Vidhan Parishad), State Legislature Etc. where we include all updated information. Go through these notes properly and Notedown all important points in your notebook so it would be easy for you during exams time to go through it Quickly. 
Supreme Court of India
  • The Supreme Court is the Apex Court of India. 
  • It consists of 1 Chief Justice and 30 other judges.
  • The salary of the judges of Supreme Court get Rs. 1.50 Lakh per month while the Chief Justice get more than that.
  • Recently a proposal is given to increase the salary of the chief justice of India (CJI) and other judged. According to the proposal, CJI will get Rs. 2.80 lakh per month and judges of the Supreme Court and chief justices of the high court will get Rs. 2.50 lakh a month. 
Qualification –
  • The judges of Supreme Court must be Citizen of India; they must be a judge of High Court for minimum 5 years as an advocate of High Court for minimum 10 years. A distinguished jurist of India can be the judge of Supreme Court on the basis of the recommendation of President.
Appointment of Judges –
  • The most senior Judge of Supreme Court is appointed as the Chief Justice of India.
  • The Chief Justice of India is appointed by the President of India. Other judges of Supreme Court and High Court are appointed by the President after consulting with the Chief Justice of India.
Removal of Judges -
  • A Judge of the Supreme Court can be removed by order of the President passed after the address by each House of Parliament supported by a majority of the total membership of that House (two-thirds of the members of that House must be present on that day and vote) in the same session for the removal on ground of proved incapacity or misbehavior.
Jurisdiction Procedure of Supreme Court –
  • Original Jurisdiction – Supreme Court can settle all disputes between the State-State, Center-State etc.
  • Advisory Jurisdiction – Supreme Court can advise the President if he/ she seek. But the opinion must not a binding on the President.
  • Writ Jurisdiction – The citizen of India can move to the Supreme Court directly by following certain proceedings to enforce the Fundamental Rights. 
  • Revisory Jurisdiction – Supreme Court can review any judgment and make necessary steps to correct the mistake under Article 137.
  • The Supreme Court handles the disputes of President and Vice President Selection. It can recommend the removal of the UPSC members to the President.

The Executive of State
The Governor:
  • The Governor of a state is appointed by the President as per the recommendation of the Council of Ministers.
  • A person, who is a citizen of India, has the minimum age of 35 years and is not a member of the legislature or any other office of Profit, is eligible to be a Governor. He/ she must not be the member of either house of the State Assembly.
  • He/ she must have the necessary qualification to be a member of the State Legislature.
  • The term of a Governor’s office is 5 years. He/ she can be terminated by the dismissal by the President (Art. 156 (1)) and Resignation (Art. 156(2)). The state legislature or High Court has no significance in the removal of Governor.
  • The salary of a Governor is Rs. 1 Lakh per month and it is given from the Consolidated Fund of the State. If one person is appointed as the Governor of more than one state, he / she must get the allowances and salary that is prescribed by the President for the Governors.
  • The oath of the Governor is administered by the Chief Justice of High Court. In his/ her absence, the senior most Judge must take the responsibility.
  • A person can be a Governor more than once.
Status of the Governor -
  • Governor is the nominal Executive Head of a state.
  • Each state must have a Governor. Under the 7th Amendment Act one person can hold the position of Governor for more than one states or Lt. Governor of the Union Territory.
  • The Governor is appointed by the President on the recommendation of Union Council of Ministers.
Functions of Governor  –
  • Though the Governor does not have any diplomatic or military powers like President, he / she has the executive, legislative and judicial powers.
  • The Governor can appoint the Advocate General, Chief Minister, council of Ministers and members of the State PSC (Public Service Commission).
  • Like the President, the Governor can nominate the members of Anglo-Indian Community in that state.
  • The Governor can address, send messages and summon or dissolve the State Assembly.
  • The Governor has the power to grant pardon or remission of Punishments (Art. 161).
  • The Governor does not have any power to counter the armed rebellion or external aggression at the time of Emergency.
  • The Governor can submit report to the President if the State Government cannot carry on in accordance with Constitution (Art. 356).
  • At the time of President’s Rule in a state, the Governor becomes the agent of the Union Government in the State and can run the state with the help of Civil servants.
Oath and Resignation of Executives of India -

Name of Post
Chief Justice of India
Chief Justice of India
Prime Minister
Speaker of Lok Sabha
Deputy Speaker

Chief Minister:
  • The Chief Minister is the head of the State Council of Ministers (analogous to Prime Minister at Center). 
  • The Chief Minister is appointed by the Governor and other ministers can be appointed by the Governor on the basis of the advice of the Chief Minister.
  • Any person can be a minister if he/ she is a member of Legislative Assembly.
  • The Council of Ministers is responsible to the Legislative Assembly collectively and to the Governor individually.
  • The entire Ministry resigns, if the Chief Minister resigns.
  • Leader of majority party is appointed as the Chief Minister.
State Legislature
  • It is divided into two houses i.e. Upper House Legislative Council (Vidhan Parishad) and Lower House Legislative Assembly (Vidhan Sabha). It is of two types i.e. Unicameral and Bicameral. 
  • Some states of India have the Bi-Cameral Legislature (two houses). Eg. Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Jammu and Kashmir.
  • The other states of India have the Uni-Cameral Legislature.
  • The Legislative Council can be created or abolished by special majority followed by an Act of Parliament (Art. 169).
Legislative Council (Vidhan Parishad)
  • The strength of Legislative Assembly cannot exceed 1/3rd of the total strength of Legislative Assembly. The minimum member must be 40.
  • It cannot be dissolved as it is a Permanent House (Like Rajya Sabha).
  • If a legislative Assembly passes a resolution to create or abolish the Legislative Council by a simple majority of total members, the Parliament can approve the resolution by a simple majority. 2/3 rd of the total members of Parliament have to be present and participate in voting for that purpose.
  • The decision is not binding on the Parliament. The Parliament may not approve the situation.
  • The minimum age to be a member of Legislative Council is 30 years.
  • The term for the members is 6 years with 1/3rd members retiring in every two years.
  • The minimum strength must be 40 members. It can vary according to the total population of the state.
Election of the Members –
  • 1/3rd of the members are elected from the Local Bodies, 1/3rd from Legislative Assemble, 1/6th by the Governors from the persons who are famous for Literature, Art, science, social service etc., 1/12th from the University Graduates of three years standing and 1/12th by the teachers of Secondary or Higher Secondary schools of three years standing.
  • The Council elects Chairman and Vice Chairman from the members.
Legislative Assembly (Vidhan Sabha) 
  • The maximum strength of the members of the Legislative Assembly is 525 and minimum strength is 60.
  • The strength varies as per the population of the state. Sikkim has 32 members only while Uttar Pradesh has 404.
  • It has the directly elected members.
  • The term of the candidates is 5 years. It can be dissolved by the Governor earlier. The term can be extended one year at the time of emergency.
  • Minimum age of the members is 25.
  • The Council of Ministers are collectively responsible to the Assembly. 
  • The Assembly can choose the Speaker and Deputy Speaker. They can be removed by the Council of Ministers. The Chief Minister is the leader of the House.
Powers of the State Legislature –
  • It has the power to legislate on the subjects of state list and Concurrent list.
  • It controls over the State Council of Ministers and can remove a minister by passing no-confidence motion.
  • It controls the expenses of State.
  • It can participate in the President’s Election.
  • It has share in the Amendment of Constitution. Some provisions of Constitution can be changed after being ratified by half of the states.
The State Judiciary
High Court:
  • Each state has a High Court though some of the states may have a common High Court. Ex. Punjab, Haryana and Union Territory of Chandigarh has only one High Court.
  • It has Chief Justice and other judges. The Constitution cannot fix the number of judges of High Court. Ex. Allahabad High Court has 37 judges which Jammu and Kashmir High Court has 6.
  • The judge of High Court can be transferred by the President to another High Court without his/ her consent. In this process, the President can consult with Chief Justice of India.
  • According to the recent proposal, Judges of the high courts will get Rs. 2.25 lakh per month and chief justices of the high court will get Rs 2.50 lakh a month.
Qualification of the Judges of High Court –
  • The judge of High Court must be a citizen of India, having age within 62 years and must have minimum experience of 10 years in any judicial office in India or 10 years experience as an advocate of High Court or two or more courts in India.
  • The Judge of High Court can hold his/ her office till 62 years. The term can be shortened due to removal by President or resignation by themselves.
  • The President can remove the Judge of High Court through a Parliamentary voting process by 2/3 rd majority of the members present in each house.
Appointment –
  • The Judges of High Courts are appointed by the President of India after the consultation with the Chief Justice of India and Governor of the state.
The Jurisdiction and Seats of High Courts

Year of Establishment
Uttar Pradesh
Allahabad (Lukhnow Bench)
Andhra Pradesh
Andhra Pradesh
Maharashtra, Dadar Nagar Haveli, Daman and Diu, Goa
Mumbai (Nagpur, Manaji and Aurangabad Bench)
West Bengal, Andaman and Nicobar Islands
Kolkata (Circuit Bench at Kolkata)
Himachal Pradesh
Himachal Pradesh
Jammu and Kashmir
Jammu and Kashmir
Srinagar and Jammu
Keral and Lakshadweep
Madhya Pradesh
Madhya Pradesh
Jabalpur (Benches at Indore and Gwalior)
Tamilnadu and Puducherry
Punjab and Haryana
Punjab, Haryana  and Chandigarh
Jodhpur (Jaipur Bench)

Languages of Supreme Court, High Court and Authoritative Text of Laws – 
  • English is the language of the authoritative Texts of  Supreme Court and High Courts.
  • Any Amendment of Bill to be moved to the either house of a Parliament.
  • All acts passed by the Parliament or State Legislature.
  • All rules, orders, by-laws and regulations under the Constitution or law made by the Parliament or State Legislature.
  • The other languages mentioned in the 8th Schedule of the Constitution are Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu.
 The Attorney-General of India
  • The Attorney-General is the Chief Legal Officer of Government of India. 
  • He can provide advice on Legal matters and perform other duties related to the legal matters which are assigned to him by the President of India.
  • He/ she handles the function those are assigned to him as per the Art. 76 of the Constitution of India.
  • Though the Attorney – General is not a Member of Parliament, he / she can speak (not vote) in the Parliament.
  • As per the Art. 105 (4), the Attorney General can avail the privileges of an MP. He / she also has the right of audience in all courts of India.
  • The Attorney-General is appointed by President.
  • He / she must have the qualifications which are required to be the judge of the Supreme Court.
The Comptroller and Auditor General of India
  • The Comptroller and Auditor General of India controls the financial system of the Center as well as the state.
  • The C & AG must be appointed by the President. 
  • He/ she must have the long administrative experience and knowledge of accounts.
  • The President can remove the Comptroller and Auditor General of India on recommendation of the two Houses of Parliament only.
  • The Comptroller and Auditor General only can be removed by the address from both Houses of the Parliament on the ground of incapacity or misbehavior.
  • The term of the office of the Comptroller and Auditor General is 6 years and the age limit for retirement is 65.
  • The C & AG can resign by writing in hand to the President of India.
  • The C & AG can be removed by impeachment (Art. 148 (1), 124(4).
  • The salary of the C & AG is equal to a Judge of Supreme Court and the service is similar to an I.A.S of Secretary Level.
  • The salaries of the C & AG are provided from the consolidated Fund of India.
  • The C & AG is responsible to audit and report all expenditure from the Consolidated Fund, Contingency Fund and Public Accounts of Union and states.
  • The other duties of the C & AG are to audit and report all trading and manufacturing profit and loss report and asses the rules and regulations of revenue collection and proper allocation of it.
  • He/ she acts like a custodian of money of public.
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