Union Executive, Governors and Supreme Court of India

Union Executive - Articles 73-78

Article 73 - Extent of Executive Power of the Union

The executive power of the Union extends to matters with respect to which Parliament has power to make laws and to the exercise of rights, authority and jurisdiction exercisable by the Government of India by virtue of any treaty or agreement, subject to the Constitution.

Article 74 - Council of Ministers to Aid and Advise the President

There shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President. The President may require the Council to reconsider its advice, but must act in accordance with the advice tendered after reconsideration.

Article 75 - Other Provisions as to Ministers

• The Prime Minister is appointed by the President; other Ministers are appointed by the President on the advice of the Prime Minister.
• The total number of Ministers, including the Prime Minister, shall not exceed 15% of the total number of members of Lok Sabha.
• Ministers hold office during the pleasure of the President.
• The Council of Ministers is collectively responsible to Lok Sabha.
• A Minister who is not a member of either House of Parliament for six consecutive months ceases to be a Minister at the end of that period.

Article 76 - Attorney-General for India

The President appoints as Attorney-General for India a person qualified to be appointed a Judge of the Supreme Court. The Attorney-General is the highest law officer of the Union Government and advises the Government of India on legal matters referred or assigned to him.

Article 77 - Conduct of Business of the Government of India

All executive action of the Government of India is expressed to be taken in the name of the President. Orders and instruments are authenticated in the manner specified by rules made by the President.

Article 78 - Duties of the Prime Minister

The Prime Minister must communicate to the President decisions of the Council of Ministers relating to Union administration and proposals for legislation, furnish information called for by the President, and, where required by the President, place before the Council a matter decided by a Minister but not considered by the Council.

Major Sources of the Indian Constitution

State Executive - Articles 153-167

Article 153 - Governors of States

There shall be a Governor for each State. The same person may be appointed Governor for two or more States.

Article 154 - Executive Power of the State

The executive power of the State is vested in the Governor and is exercised by the Governor either directly or through officers subordinate to him in accordance with the Constitution.

Article 155 - Appointment of Governor

The Governor of a State is appointed by the President by warrant under his hand and seal.

Article 156 - Term of Office

• The Governor holds office during the pleasure of the President.
• The Governor may resign by writing addressed to the President.
• Subject to the pleasure doctrine, the normal term is five years from entering office, and the Governor continues until the successor enters office.

Article 157 - Qualifications

A person must be a citizen of India and must have completed 35 years of age to be eligible for appointment as Governor.

Article 158 - Conditions of Governor's Office

• The Governor cannot be a member of either House of Parliament or of a State Legislature.
• The Governor cannot hold any other office of profit.
• The Governor is entitled to the official residence without payment of rent and to emoluments, allowances and privileges as provided by law.
• Emoluments and allowances cannot be diminished during the Governor's term.
• Where one person is Governor of two or more States, the emoluments and allowances are allocated among the States as the President determines.

Article 159 - Oath or Affirmation

The oath is made in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or in the Chief Justice's absence, the senior-most available Judge of that Court.

Article 160 - Discharge of Functions in Contingencies

The President may make such provision as considered appropriate for discharge of the Governor's functions in contingencies not otherwise provided for in the Chapter.

Article 161 - Power to Grant Pardons, etc.

The Governor has power to grant pardons, reprieves, respites or remissions of punishment and to suspend, remit or commute sentences in cases relating to matters to which the executive power of the State extends.

Article 162 - Extent of Executive Power of the State

The State's executive power extends to matters with respect to which the State Legislature has power to make laws, subject to the constitutional distribution of executive power between the Union and the States.

Article 163 - Council of Ministers to Aid and Advise Governor

There shall be a Council of Ministers with the Chief Minister at its head to aid and advise the Governor, except insofar as the Constitution requires the Governor to exercise functions in discretion.

Article 164 - Other Provisions as to Ministers

• The Chief Minister is appointed by the Governor; other Ministers are appointed by the Governor on the advice of the Chief Minister.
• Ministers hold office during the pleasure of the Governor.
• The Council of Ministers is collectively responsible to the Legislative Assembly.
• Subject to constitutional exceptions, the total number of Ministers including the Chief Minister shall not exceed 15% of the total number of members of the Legislative Assembly, and shall not be less than 12.
• A Minister who for six consecutive months is not a member of the State Legislature ceases to be a Minister.

Article 165 - Advocate-General for the State

The Governor appoints a person qualified to be appointed a Judge of a High Court as Advocate-General for the State. The Advocate-General advises the State Government on legal matters referred or assigned to him.

Article 166 - Conduct of Business of State Government

All executive action of a State Government is expressed to be taken in the name of the Governor, and the Governor makes rules for convenient transaction and allocation of government business.

Article 167 - Duties of the Chief Minister

The Chief Minister must communicate specified decisions and legislative proposals to the Governor, furnish information called for by the Governor and, where required, place before the Council of Ministers a matter decided by an individual Minister but not considered by the Council.

Supreme Court of India - Articles 124-147

The Supreme Court came into existence with the Constitution on 26 January 1950 and held its inaugural sitting on 28 January 1950.

Article 124 - Establishment and Constitution of Supreme Court

• The Supreme Court consists of the Chief Justice of India and such number of other Judges as Parliament may by law prescribe.
• A Supreme Court Judge holds office until attaining 65 years of age, unless the Judge resigns or is removed in accordance with the Constitution.
• A person must satisfy the constitutional qualifications in Article 124(3).

Removal of a Supreme Court Judge

A Judge may be removed by the President after an address by each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting, presented in the same session, on the ground of proved misbehaviour or incapacity.

Articles 125-130 - Judges and Seat of the Court

• Article 125: Salaries, privileges, allowances, leave and pension rights of Judges.
• Article 126: Appointment of an Acting Chief Justice.
• Article 127: Appointment of ad hoc Judges when the required quorum of permanent Judges is unavailable.
• Article 128: Attendance of retired Judges at sittings of the Supreme Court, with their consent and as constitutionally provided.
• Article 129: Supreme Court is a court of record and has power to punish for contempt of itself.
• Article 130: Seat of the Supreme Court is Delhi or another place appointed by the Chief Justice of India with the approval of the President.

Article 131 - Original Jurisdiction

Subject to the constitutional exceptions, the Supreme Court has exclusive original jurisdiction in specified disputes between the Government of India and one or more States, between the Union and States on one side and other States on the other, or between two or more States, where the dispute involves a question on which a legal right depends.

Articles 132-136 - Appellate and Special Leave Jurisdiction

• Article 132: Appeals from High Courts involving substantial questions of law as to interpretation of the Constitution.
• Article 133: Civil appellate jurisdiction from High Courts in cases satisfying constitutional requirements.
• Article 134: Criminal appellate jurisdiction in specified cases.
• Article 134A: Certificate for appeal to the Supreme Court.
• Article 135: Certain Federal Court jurisdiction and powers under existing law.
• Article 136: Discretionary power to grant special leave to appeal from judgments, decrees, determinations, sentences or orders of courts or tribunals in India, subject to the constitutional exception for courts or tribunals constituted under laws relating to the Armed Forces.

Article 137 - Review of Judgments or Orders

The Supreme Court has power to review its judgments or orders subject to parliamentary law and rules made under Article 145.

A curative petition is a judicially evolved exceptional remedy following the Supreme Court's decision in Rupa Ashok Hurra v. Ashok Hurra; it is not separately created by the text of Article 137.

Articles 138-140 - Enlargement, Writs, Transfer and Ancillary Powers

• Article 138: Parliament may enlarge the Supreme Court's jurisdiction and powers as constitutionally permitted.
• Article 139: Parliament may confer on the Supreme Court additional power to issue certain writs for purposes other than those in Article 32(2).
• Article 139A: Provides for transfer of certain cases involving the same or substantially the same questions of law and for transfer of cases from one High Court to another in the circumstances specified by the Constitution.
• Article 140: Parliament may confer supplemental powers necessary or desirable to enable the Supreme Court effectively to exercise its constitutional jurisdiction.

Articles 141-147 - Binding Law, Complete Justice and Court Administration

• Article 141: Law declared by the Supreme Court is binding on all courts within the territory of India.
• Article 142: Supreme Court may pass decrees or orders necessary for doing complete justice in a cause or matter pending before it, and deals with enforcement and specified procedural powers.
• Article 143: President may refer specified questions of law or fact of public importance to the Supreme Court for its opinion; Article 143(2) separately concerns disputes of the kind referred to in the proviso to Article 131.
• Article 144: All civil and judicial authorities in India shall act in aid of the Supreme Court.
• Article 145: Supreme Court may make rules regulating practice and procedure, subject to parliamentary law and presidential approval. At least five Judges must sit for cases involving a substantial question of law as to interpretation of the Constitution or for a reference under Article 143.
• Article 146: Officers, servants and expenses of the Supreme Court.
• Article 147: Interpretation provisions for the Chapter.

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