Part 6 of Indian Constitution, Overview, Legislature, High Courts

Part 6 of Indian Constitution contains Articles 152 to 237 and deals with the governance of States in India. It explains the structure of the Governor, Chief Minister, Council of Ministers, and State Legislature. It also provides provisions related to High Courts and Subordinate Courts in the States. This Part ensures proper functioning of the federal system at the state level.

Part 6 of Indian Constitution Overview

The key highlights of Part 6 of Indian Constitution have been tabulated below.

Chapter I General (Article 152)

Chapter I contains only Article 152, which defines the term “State” for the purposes of Part 6. It clarifies the scope of applicability of provisions related to State Governments. This chapter ensures uniform interpretation within constitutional governance.

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Chapter II The Executive

Chapter II establishes the State Executive, consisting of the Governor, Chief Minister, and Council of Ministers. It defines their appointment, powers, functions, and responsibilities. This chapter ensures democratic governance at the state level under constitutional limits.

1. Governor (Articles 153-162)

• Each State shall have a Governor.
• Appointed by the President; holds office during the pleasure of the President.
• Term of 5 years (subject to pleasure doctrine).
• Executive power of the State is vested in the Governor.
• Acts on the aid and advice of the Council of Ministers (Article 163).
• Can appoint:
  • Chief Minister
  • Other Ministers
  • Advocate General
  • State Election Commissioner
• Has power to grant pardons (similar to President at state level).

1. Council of Ministers (Articles 163-164)

• Headed by the Chief Minister.
• Advises the Governor in governance.
• Collectively responsible to the Legislative Assembly.
• Size capped at 15% of Assembly strength (91st Constitutional Amendment).
• Ministers must be members of the Legislature within 6 months.

1. Advocate General (Article 165)

• Highest legal officer of the State.
• Appointed by the Governor.
• Must be qualified to be a High Court judge.
• Advises the government on legal matters.

Chapter III The State Legislature

Chapter III provides the constitutional structure of State Legislatures. States may have either a unicameral or bicameral legislature. It lays down rules for composition, powers, procedures, and legislative functioning.

Structure (Article 168)

• Unicameral: Only Legislative Assembly.
• Bicameral: Legislative Assembly + Legislative Council.
• States like Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana have Legislative Councils.

Legislative Assembly (Vidhan Sabha)

• Directly elected by people.
• Normal term: 5 years.
• Minimum strength: 60 (exceptions for smaller states).
• Maximum strength: 500.
• Controls the Council of Ministers.

Legislative Council (Vidhan Parishad)

• Permanent body.
• 1/3rd members retire every 2 years.
• Maximum size: 1/3rd of Assembly strength.
• Members elected through indirect methods (local bodies, graduates, teachers, etc.).

Legislative Procedure

• Ordinary Bills can be introduced in either House.
• Money Bills only in Legislative Assembly.
• Speaker decides whether a bill is a Money Bill.
• Governor’s assent required for a bill to become law.

Chapter IV Legislative Powers of the Governor

Chapter IV grants the Governor the power to promulgate ordinances when the State Legislature is not in session. This power ensures continuity of governance during emergencies. However, it is temporary and subject to legislative approval.

Governor can issue ordinance under Article 213.

• Conditions:

• • Legislature not in session.
  • Immediate action necessary.
• Ordinance has same force as a law passed by Legislature.
• Must be approved within 6 weeks of reassembly.
• Cannot violate constitutional provisions.
• Subject to judicial review.

Chapter V The High Courts in the States

Chapter V establishes High Courts for States. It defines their composition, appointment of judges, jurisdiction, and powers. High Courts safeguard constitutional rights and maintain rule of law at the state level.

• • Every State shall have a High Court.
  • Judges appointed by the President.
  • Chief Justice heads the High Court.
  • Security of tenure ensures judicial independence.

• Jurisdiction:

• • • Original Jurisdiction
    • Appellate Jurisdiction
    • Writ Jurisdiction (Article 226)
  • Supervisory control over subordinate courts

• Additional Provisions:

• • Salaries determined by Parliament.
  • Removal similar to Supreme Court judges.
  • Parliament may establish common High Court for two or more States.

Chapter VI Subordinate Courts

Chapter VI deals with District Courts and subordinate judiciary. It ensures independence of the lower judiciary. The High Court exercises control over these courts.

• Appointment of District Judges by Governor in consultation with High Court.
• High Court controls postings, promotions, and discipline.
• Ensures separation of judiciary from executive.
• Protects judicial independence at grassroots level.
• Forms foundation of the judicial system in States.