Part VI of the Indian Constitution

Part VI of the Indian Constitution, spanning Articles 152 to 237, delineates the structure, powers, and functions of the States within the Indian Union. This section is pivotal in understanding the federal framework of India, detailing the executive, legislative, and judicial organs at the state level.

Chapter I: General

• Article 152 – Definition: Defines the term “State” as used in this Part, excluding Jammu and Kashmir, which was later restructured under Article 370.

Chapter II: The Executive

• Article 153 – Governors of States: Mandates the appointment of a Governor for each State. The same individual may serve as Governor for multiple States.
• Article 154 – Executive Power of State: Vests the executive authority of the State in the Governor, exercisable directly or through subordinate officers.
• Article 155 – Appointment of Governor: The President appoints the Governor of a State.
• Article 156 – Term of Office of Governor: The Governor holds office during the pleasure of the President. The term is typically five years, but they continue until a successor assumes office.
• Article 157 – Qualifications for Appointment as Governor: Specifies that the Governor must be a citizen of India and at least 35 years old.
• Article 158 – Conditions of Governor’s Office: Outlines the Governor’s entitlements, including official residence, emoluments, and allowances as determined by Parliament.
• Article 159 – Oath or Affirmation by Governor: Requires the Governor to take an oath of office before assuming duties.
• Article 160 – Discretionary Powers of Governor: Empowers the President to make rules for the discharge of functions by the Governor.
• Article 161 – Power to Grant Pardons, etc., by Governor: Allows the Governor to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute sentences in certain cases.
• Article 162 – Extent of Executive Power of State: The executive power of a State extends to matters on which the Legislature of the State has the power to make laws.

Chapter III: The State Legislature

• Article 168 – Constitution of Legislatures in States: Every State shall have a Legislature consisting of the Governor and one or two Houses.
• Article 169 – Abolition or Creation of Legislative Councils in States: Parliament may by law provide for the abolition or creation of a Legislative Council in a State.
• Article 170 – Composition of the Legislative Assemblies: Specifies the composition of the Legislative Assembly of each State.
• Article 171 – Composition of the Legislative Councils: Details the composition of the Legislative Council of a State.
• Article 172 – Duration of Houses of Legislatures: The duration of the Legislative Assembly is five years, but it can be dissolved earlier.
• Article 173 – Qualification for Membership of the State Legislature: Sets the qualifications for membership in the State Legislature.
• Article 174 – Sessions of the State Legislature, Prorogation, and Dissolution: The Governor summons, prorogues, and dissolves the Legislative Assembly.
• Article 175 – Right of Governor to Address and Send Messages to the House or Houses: The Governor can address the Legislature and send messages to it.
• Article 176 – Special Address by the Governor: At the commencement of the first session after each general election, the Governor addresses the Legislature.
• Article 177 – Rights of Ministers and Advocate-General as Respects the Houses: Ministers and the Advocate-General have the right to speak in the Legislature but not to vote.
• Article 178 – Speaker and Deputy Speaker of the Legislative Assembly: The Legislative Assembly elects a Speaker and a Deputy Speaker.
• Article 179 – Vacation and Resignation of, and Removal from, the Offices of Speaker and Deputy Speaker: Outlines the procedures for vacation and removal from these offices.
• Article 180 – Speaker Pro Tempore: Provides for the appointment of a Speaker Pro Tempore in certain circumstances.
• Article 181 – Provisions as to the Speaker and Deputy Speaker in the Legislative Council: Similar provisions for the Legislative Council.
• Article 182 – Vacation and Resignation of, and Removal from, the Offices of Speaker and Deputy Speaker in the Legislative Council: Procedures for vacation and removal in the Council.
• Article 183 – Conduct of Business of the Legislature: The Legislature conducts its business according to rules.
• Article 184 – Quorum in the Legislature: Specifies the quorum required for the Legislature to conduct its business.
• Article 185 – Voting in the Legislature: Details the procedures for voting in the Legislature.
• Article 186 – Procedure in the Legislature when a Bill is Pending: Outlines the procedures when a Bill is pending in the Legislature.
• Article 187 – Rules of Procedure in the Legislature: The Legislature makes rules for its procedure.

Chapter IV: Legislative Power of the Governor

• Article 188 – Power to Make Rules for the Regulation of Procedure in the Legislature: The Governor makes rules for the regulation of procedure in the Legislature.

Article 189 – Voting in Houses, Power of Houses to Act notwithstanding Vacancies and Quorum

• Clause (1): All questions at any sitting of a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, who shall not vote in the first instance but shall have a casting vote in case of an equality of votes.
• Clause (2): A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
• Clause (3): Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.
• Clause (4): If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Article 190 – Vacation of Seats

A member of the Legislative Assembly of a State shall vacate his seat if he is absent from all meetings of the House for a period of 60 days without the permission of the House.

Article 191 – Disqualifications for Membership

A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if:

• He is so disqualified under the Tenth Schedule.
• He holds an office of profit under the Government of India or the Government of any State specified in the First Schedule.
• He is of unsound mind and stands so declared by a competent court.
• He is an undischarged insolvent.
• He is not a citizen of India or has voluntarily acquired the citizenship of a foreign State.

Article 192 – Decision on Questions as to Disqualifications of Members

If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in Article 191, the question shall be referred for the decision of the Governor, and his decision shall be final.

• Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.

Article 193 – Penalty for Sitting and Voting Before Making Oath or Affirmation Under Article 188 or When Not Qualified or When Disqualified

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of Article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.

Article 194 – Powers, Privileges, and Immunities of State Legislatures and Their Members

The provisions of this article confer certain powers, privileges, and immunities on the State Legislatures and their members, similar to those conferred on the Parliament and its members.

Article 195 – Salaries and Allowances of Members

The Legislature of a State may by law determine the salaries and allowances of its members.

Article 196 – Provisions as to Introduction and Passing of Bills

A Bill shall not be introduced in the Legislative Assembly of a State unless it has been recommended by the Governor.

Article 197 – Restriction on Powers of Legislative Assemblies of States to Legislate with Respect to Certain Matters

The Legislative Assembly of a State shall not have power to make laws with respect to matters enumerated in the Union List or the Concurrent List, except as provided in this Constitution.

Article 198 – Special Procedure in Respect of Money Bills

This article outlines the special procedure for the introduction and passage of Money Bills in the State Legislature.

Article 199 – Definition of “Money Bills”

This article defines what constitutes a “Money Bill” in the context of the State Legislature.

Article 200 – Assent to Bills

The Governor shall, within a reasonable time, either assent to a Bill or reserve it for the consideration of the President.

Article 201 – Bills Reserved for Consideration

If a Bill is reserved by the Governor for the consideration of the President, the President may either assent to the Bill or withhold assent.

Article 202 – Annual Financial Statement

The Governor shall cause to be laid before the Legislature of the State a statement of the estimated receipts and expenditure of the State for each financial year.

Article 203 – Procedure in Legislature with Respect to Estimates

This article outlines the procedure for the presentation and discussion of the annual financial statement in the State Legislature.

Article 204 – Appropriation Bills

This article deals with the procedure for the introduction and passage of Appropriation Bills in the State Legislature.

Article 205 – Supplementary, Additional or Excess Grants

This article outlines the procedure for obtaining supplementary, additional, or excess grants from the State Legislature.

Article 206 – Votes on Account, Votes of Credit and Exceptional Grants

This article provides for the procedure in respect of votes on account, votes of credit, and exceptional grants in the State Legislature.

Article 207 – Special Provisions as to Financial Bills

• Clause (1): A Bill or amendment making provision for matters specified in Article 199(1)(a) to (f) (such as imposition, abolition, remission, alteration, or regulation of taxes) shall not be introduced or moved except on the recommendation of the Governor. Additionally, such a Bill cannot be introduced in a Legislative Council.
• Clause (2): A Bill or amendment shall not be deemed to make provision for the aforementioned matters solely because it provides for the imposition of fines, pecuniary penalties, or fees for licenses or services rendered, or for the imposition, abolition, remission, alteration, or regulation of any tax by a local authority or body for local purposes.
• Clause (3): A Bill that would involve expenditure from the Consolidated Fund of a State shall not be passed by a House of the Legislature unless the Governor has recommended its consideration.

Article 208 – Rules of Procedure

• Clause (1): A House of the Legislature of a State may make rules to regulate its procedure and the conduct of its business, subject to the provisions of the Constitution.c
• Clause (2): Until such rules are made, the existing rules of procedure and standing orders in force immediately before the commencement of the Constitution, with respect to the Legislature for the corresponding Province, shall have effect, subject to modifications and adaptations as may be made by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council.

Article 209 – Regulation by Law of Procedure in the Legislature of the State in Relation to Financial Business

This article empowers the Legislature of a State to make laws to regulate its procedure concerning financial business, including the manner of introduction and passage of Money Bills.

Article 210 – Language to be Used in the Legislature

The language to be used in the Legislature of a State shall be determined by the Legislature itself, subject to the provisions of the Constitution.

Article 211 – Restriction on Discussion in the Legislature

No discussion shall take place in the Legislature of a State with respect to the conduct of any judge of the High Court or the Supreme Court in the discharge of his duties, except upon a motion for his removal.

Article 212 – Courts Not to Inquire into Proceedings of the Legislature

No court shall inquire into the validity of any proceedings in the Legislature of a State on the ground of any alleged irregularity of procedure.

Chapter IV: Legislative Power of the Governor

Article 213 – Power of Governor to Promulgate Ordinances During Recess of Legislature

• Clause (1): If the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate an ordinance when the Legislature is not in session.
• Clause (2): An ordinance promulgated by the Governor shall have the same force and effect as an Act of the Legislature, but it shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, unless approved by it earlier.

Chapter V: The High Courts in the States

Article 214 – High Courts for States

There shall be a High Court for each State, or for two or more States, as the President may determine.

Article 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.

Article 216 – Constitution of High Courts

Each High Court shall consist of a Chief Justice and such other judges as the President may from time to time appoint.

Article 217 – Appointment and Conditions of the Office of a Judge of a High Court

• Clause (1): A judge of a High Court shall be appointed by the President after consultation with the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court.
• Clause (2): A judge of a High Court shall hold office until he attains the age of sixty-two years.
• Clause (3): A judge may resign his office by writing under his hand addressed to the President.
• Clause (4): A judge may be removed from office by the President on the recommendation of an address by Parliament.

Article 218 – Application of Certain Provisions Relating to Supreme Court to High Courts

The provisions of the Constitution relating to the Supreme Court shall apply to the High Courts, subject to modifications and adaptations as the President may determine.

Article 219 – Oath or Affirmation by Judges of High Courts

Every judge of a High Court shall, before entering upon his office, make and subscribe an oath or affirmation before the Governor of the State.

Article 220 – Restriction on Practice After Being a Permanent Judge

A person who has been a permanent judge of a High Court shall not, after he has ceased to hold his office, appear or act in any court or before any authority in India, except with the permission of the President.

Article 221 – Salaries, etc., of Judges

The salaries, allowances, and pensions of judges of a High Court shall be determined by Parliament and shall not be varied to their disadvantage after their appointment.

Article 222 – Transfer of a Judge from One High Court to Another

The President may transfer a judge from one High Court to another after consulting the Chief Justice of India.

Article 223 – Appointment of Acting Chief Justice

If the office of the Chief Justice of a High Court is vacant, or if the Chief Justice is temporarily absent, the President may appoint an acting Chief Justice.

Article 224 – Appointment of Additional and Acting Judges

• When the business of a High Court requires, the President can:
  • Appoint additional judges for a temporary period not exceeding two years.
  • These appointments are made in consultation with the Chief Justice of India and the Governor of the concerned state.
• The President can also appoint acting judges when a judge is unable to perform duties due to absence or other reasons.
• Purpose: Manage backlog or temporary increase in workload.

Article 224A – Appointment of Retired Judges at Sittings of High Courts

• Inserted by the 15th Constitutional Amendment Act, 1963.
• A retired judge of a High Court can be requested to sit and act as a judge in any High Court (with the judge’s consent).
• Such judges are entitled to allowances as decided by the President.
• Significance: To deal with the burden of pending cases.

Article 225 – Jurisdiction of Existing High Courts

• The jurisdiction of existing High Courts continues as it was before the commencement of the Constitution, unless altered by law.
• State Legislature may extend or restrict the jurisdiction or powers of the High Court.

Article 226 – Power of High Courts to Issue Certain Writs

• A cornerstone of judicial review at the state level.
• High Courts have the power to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
• Can be issued for:
  • Enforcement of fundamental rights.
  • Any other legal rights.
• Broader scope than Article 32 (Supreme Court writs only for Fundamental Rights).
• Used extensively for Public Interest Litigation (PIL) at state levels.

Article 227 – Power of Superintendence Over All Courts by the High Court

• High Courts have supervisory jurisdiction over all subordinate courts and tribunals within its territory.
• Power includes:
  • Calling records.
  • Issuing general rules.
  • Making orders for performance of duties by lower courts.
• Purpose: Ensure proper judicial administration.

Article 228 – Transfer of Certain Cases to High Court

• If a substantial question of law involving interpretation of the Constitution arises in a case in a lower court:
  • The High Court can withdraw the case and decide it.
• Ensures that constitutional interpretation is handled by superior judiciary.

Article 228A – Special Provisions for the Disposal of Questions Relating to Constitutional Validity of State Laws (Repealed)

• Inserted by the 42nd Amendment and repealed by the 43rd Amendment in 1977.
• Previously dealt with how questions about constitutional validity of state laws should be handled.

Article 229 – Officers and Servants and the Expenses of High Courts

• High Court can appoint officers and servants necessary for its functioning.
• Their conditions of service and salaries are decided by the High Court and approved by the Governor.
• Expenses are charged from the Consolidated Fund of the State.

Article 230 – Extension of Jurisdiction of High Courts to Union Territories

• Parliament may, by law:
  • Extend the jurisdiction of a High Court to a Union Territory.
  • Exclude it from existing High Court’s jurisdiction.
• Example: Delhi High Court exercises jurisdiction over Delhi (a Union Territory).

Article 231 – Establishment of a Common High Court for Two or More States

• Parliament can establish a common High Court for two or more states (and Union Territories).
• Examples:
  • Punjab and Haryana share the Punjab and Haryana High Court.
  • Northeastern states share the Gauhati High Court.

Chapter VI: Subordinate Courts

Article 233 – Appointment of District Judges

• Appointed by the Governor in consultation with the High Court.
• Eligibility:
  • Must be an advocate of at least 7 years standing.
  • Recommended by the High Court.
• Ensures independence and competence of district judiciary.

Article 233A – Validation of Appointments of, and Judgments by, Certain District Judges

• Added by 20th Amendment Act, 1966.
• Validates appointments and judgments of certain district judges appointed prior to the amendment, even if procedure was irregular.
• Made to protect decisions made by judges whose appointments were technically flawed.

Article 234 – Recruitment of Persons Other Than District Judges

• Recruitment to the judicial service (other than District Judges) is:
  • Done by the Governor.
  • In consultation with the State Public Service Commission and the High Court.
• Ensures checks and balances in subordinate judiciary recruitment.

Article 235 – Control Over Subordinate Courts

• The High Court has control over district and subordinate judiciary in matters of:
  • Posting
  • Promotion
  • Grant of leave, discipline.
• Ensures judicial independence from the executive.

Article 236 – Interpretation

Defines terms:

• “District Judge” includes judges of city civil courts, session judges, assistant session judges, chief presidency magistrates, etc.
• “Judicial service” means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts.

Article 237 – Application of Provisions of This Chapter to Certain Class or Classes of Magistrates

• Empowers the Governor to direct that provisions of this Chapter (Subordinate Courts) be applied to judicial magistrates.

Important Judicial Pronouncements

• Chandrakumar v. Union of India (1997) – Reaffirmed the supervisory power of High Courts under Article 227 cannot be taken away.
• State of Bihar v. Bal Mukund Sah (2000) – Clarified the scope of Article 233 regarding eligibility of district judges.
• Union of India v. Sankalchand Sheth (1977) – Held that consent of a High Court judge is not necessary for his transfer under Article 222.