State & Local Government: Governor, Legislature, Panchayats, Municipalities & Union Territories
Discretion, Assent and the Cases that Drew the Lines
Article 163(1) says the Council of Ministers aids and advises the Governor "except in so far as he is by or under this Constitution required to exercise his functions … in his discretion", and Article 163(2) makes his decision on whether a matter is discretionary final. The President has no equivalent clause. But the Supreme Court has read the clause narrowly: discretion exists where the Constitution expressly gives it, or where a situation leaves no ministry whose advice can bind him — not wherever a Governor disagrees.
| Constitutional discretion (written into the text) | Situational discretion (arising from circumstances) |
|---|---|
| Reserving a bill for the President's consideration (Art 200) | Appointing a CM when no party has a clear majority, or when a sitting CM dies with no obvious successor |
| Recommending President's Rule — his report under Art 356 | Dismissing a ministry that has lost the confidence of the Assembly but will not resign |
| Acting as Administrator of an adjoining Union Territory (Art 239(2)), independently of his own ministry | Deciding on dissolution when the advising ministry has itself lost its majority |
| Fixing the share of mining royalties payable to autonomous district councils (Sixth Schedule) in Assam, Meghalaya, Tripura and Mizoram | — |
| Special responsibilities under Article 371 — e.g. development boards in Maharashtra and Gujarat (371(2)), law and order in Nagaland (371A) and Arunachal Pradesh (371H) | — |
Article 200 gives the Governor four options on a bill: assent, withhold assent, return it with a message for reconsideration (not a Money Bill), or reserve it for the President. If the legislature passes a returned bill again, with or without changes, he shall not withhold assent on the second round. One reservation is compulsory: a bill that would derogate from the powers of the High Court. Under Article 201 the President may assent or withhold; for a non-money bill he may direct the Governor to return it, and the legislature must reconsider it within six months. Whether there is any time limit on the Governor's own decision has been litigated in recent years; what is settled is that Article 200 does not contemplate keeping a bill pending indefinitely.
| Case | What it settled |
|---|---|
| Shamsher Singh v. State of Punjab (1974) | Seven judges: the President and the Governor are constitutional heads who act on ministerial advice, save in the few situations where the Constitution requires otherwise |
| S.R. Bommai v. Union of India (1994) | A ministry's majority is tested on the floor of the House, not in the Governor's residence; a report under Art 356 is open to judicial review |
| Rameshwar Prasad v. Union of India (2006) | Dissolving a newly elected Assembly in 2005, before it ever met, on a mere apprehension of horse-trading was unconstitutional |
| B.P. Singhal v. Union of India (2010) | The President's pleasure under Art 156 needs no stated cause, but cannot be exercised arbitrarily; a Governor cannot be removed merely because a new government at the Centre dislikes him or his views differ from its policies |
| Nabam Rebia v. Deputy Speaker (2016) | A Governor cannot summon or advance a session of the Assembly on his own, against the advice of the ministry; Article 163 confers no general discretion |
Chief Minister, Council of Ministers and the State Legislature
Under Article 164 the Governor appoints the Chief Minister and, on his advice, the other ministers, who hold office during the Governor's pleasure — which in practice means as long as the Assembly's confidence lasts, because the Council is collectively responsible to the Legislative Assembly (Art 164(2)), never to the Council. The CM may come from either House. A non-member may be made a minister but must win a seat within six months (Art 164(4)); in S.R. Chaudhuri v. State of Punjab (2001) the Court held that such a person cannot be re-appointed after the six months lapse, during the same Assembly, without first getting elected.
- Size (Art 164(1A), 91st Amendment, 2003): ministers including the CM may not exceed 15% of the Assembly's total strength, and may not be fewer than 12.
- Tribal welfare minister (proviso to Art 164(1)): compulsory in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The 94th Amendment (2006) brought in Chhattisgarh and Jharkhand and dropped the state from which Jharkhand had been carved.
- Duties of the CM (Art 167): to communicate all decisions of the Council to the Governor, to furnish information he asks for, and to place before the Council any matter on which one minister decided alone if the Governor so requires.
The state legislature (Arts 168–212) is the Governor plus one House or two. Six states have a Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. Under Article 169, Parliament creates or abolishes a Council by an ordinary law, but only after the state Assembly passes a resolution by a majority of its total membership and two-thirds of those present and voting; such a law is expressly not deemed an amendment of the Constitution for Article 368. Councils have come and gone this way — Andhra Pradesh abolished its Council in 1985 and revived it in 2007; Tamil Nadu abolished its Council in 1986.
| Point | Legislative Assembly | Legislative Council |
|---|---|---|
| Size | Not more than 500, not less than 60 (Art 170); smaller states such as Sikkim, Goa and Mizoram have fewer under special provisions | Not more than one-third of the Assembly, not less than 40 (Art 171) |
| Chosen by | Direct election from territorial constituencies | 1/3 by local bodies, 1/3 by MLAs, 1/12 by graduates, 1/12 by teachers, 1/6 nominated by the Governor |
| Duration | Five years unless dissolved earlier | Permanent; one-third retire every second year |
| Ordinary bill from the Assembly | Prevails in the end | Can delay three months, then one month when the Assembly passes it again (Art 197) — four months at most |
| Money Bill | Introduced only here | Recommendations within 14 days, which the Assembly may ignore (Art 198) |
High Courts in the State Frame
High Courts sit in Part VI, Chapter V (Articles 214–231) — in the part on the states, but they are not state institutions in the way a ministry is. Their judges are appointed by the President, removed only by Parliament's address, and transferred by the President; the state pays their salaries, but their pensions are charged on the Consolidated Fund of India. India has 25 High Courts, so several serve more than one state or Union Territory.
- Appointment (Art 217): by the President after consulting the Chief Justice of India, the Governor and — for judges other than the Chief Justice — the Chief Justice of that High Court. Qualification: citizen with ten years in judicial office or ten years as an advocate of a High Court. No minimum age; retirement at 62.
- Oath (Art 219): before the Governor, or a person he appoints. Transfer (Art 222): by the President after consulting the Chief Justice of India.
- After retirement (Art 220): a permanent judge may not plead in the High Court where he served, but may practise in the Supreme Court and in other High Courts.
- Additional and acting judges (Art 224) for up to two years; retired judges may be asked to sit by the Chief Justice of the High Court with the President's consent (Art 224A).
- Superintendence (Art 227): over every court and tribunal in its territory, except military tribunals. Writs (Art 226): for Fundamental Rights "and for any other purpose" — wider than Article 32.
- Common High Court (Art 231) for two or more states, introduced by the 7th Amendment (1956); Parliament may extend or exclude a High Court's jurisdiction over a Union Territory (Art 230).
| High Court | Jurisdiction |
|---|---|
| Bombay | Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu |
| Gauhati | Assam, Nagaland, Mizoram, Arunachal Pradesh |
| Punjab and Haryana | Punjab, Haryana, Chandigarh |
| Calcutta | West Bengal, Andaman and Nicobar Islands |
| Madras | Tamil Nadu, Puducherry |
| Kerala | Kerala, Lakshadweep |
| Jammu & Kashmir and Ladakh | The two Union Territories |
Panchayati Raj: From Article 40 to the 73rd Amendment
The original Constitution mentioned village panchayats only once, as a Directive Principle (Article 40) — the state shall take steps to organise them. Forty years of committees then tried to answer the same question: how do you make rural development something villagers do rather than something done to them? Each committee is remembered by one structural idea, and that idea is what gets asked.
- 1952–53Community Development Programme (2 October 1952) and the National Extension Service (1953) — development run by officials, with little popular participation.
- 1957Balwantrai Mehta Committee reports that the programmes failed for want of people's institutions; recommends "democratic decentralisation". The National Development Council accepts it in January 1958.
- 2 October 1959Rajasthan becomes the first state to establish Panchayati Raj, at Nagaur; Andhra Pradesh follows the same year.
- 1977–78Ashok Mehta Committee (appointed December 1977, reported August 1978 with 132 recommendations) proposes a two-tier system.
- 1985–86G.V.K. Rao Committee (1985) and L.M. Singhvi Committee (1986).
- 1989The 64th Amendment Bill passes the Lok Sabha but is defeated in the Rajya Sabha; a 1990 bill lapses with the dissolution of the Lok Sabha.
- 1992–93The 73rd and 74th Amendment Acts, 1992 are passed; the 73rd comes into force on 24 April 1993 (now observed as National Panchayati Raj Day) and the 74th on 1 June 1993.
| Committee | Core recommendation | Also remembered for |
|---|---|---|
| Balwantrai Mehta (1957) | Three tiers — gram panchayat (village), panchayat samiti (block), zila parishad (district) — linked by indirect elections | Panchayat samiti as the executive body; zila parishad advisory and supervisory, chaired by the Collector |
| Ashok Mehta (1978) | Two tiers — zila parishad and mandal panchayat (a group of villages with 15,000–20,000 people) | District as the first point of decentralisation below the state; open participation of political parties; compulsory taxation powers; constitutional recognition |
| G.V.K. Rao (1985) | Development had been bureaucratised and PRIs reduced to "grass without roots"; make the zila parishad pivotal | A District Development Commissioner as the chief executive of the zila parishad; regular elections |
| L.M. Singhvi (1986) | Constitutional recognition and protection of local self-government, with a separate chapter in the Constitution | Nyaya panchayats for a cluster of villages; reorganisation of villages into viable units; more finances |
The 73rd Amendment: Part IX, Article by Article
The 73rd Amendment added Part IX ("The Panchayats", Articles 243 to 243-O) and the Eleventh Schedule of 29 subjects. It did not create panchayats — local government stays a State List subject (entry 5) — but it obliged every state to create them on a common pattern and took away a state's freedom to postpone their elections indefinitely.
| Article | Provision |
|---|---|
| 243A | Gram Sabha — all persons on the electoral rolls of a village; its powers are whatever state law gives |
| 243B | Panchayats at village, intermediate and district levels; a state with population not exceeding 20 lakh may skip the intermediate level |
| 243C | All seats filled by direct election; chairpersons at intermediate and district levels elected by and from the elected members; the village chairperson as state law provides |
| 243D | SC/ST seats in proportion to population; not less than one-third of all seats and of chairpersons' posts for women (including SC/ST women), by rotation; backward-class reservation left to the state |
| 243E | Five-year term from the first meeting; election before expiry, or within six months of a dissolution (unless less than six months of the term remain) |
| 243F | Disqualifications as for the state legislature, but nobody is disqualified for being under 25 if he has attained 21 |
| 243G–243H | Powers and responsibilities, including the Eleventh Schedule; taxes, duties, tolls and fees the state may authorise |
| 243-I | State Finance Commission — constituted by the Governor within a year of the amendment and then every five years |
| 243K | State Election Commission — appointed by the Governor; removable only like a High Court judge |
| 243M | Part IX does not apply to Nagaland, Meghalaya, Mizoram, the Scheduled and tribal areas, the hill areas of Manipur with district councils, and Darjeeling district (for the hill council); Parliament may extend it to Scheduled Areas by law |
| 243-O | Courts barred from questioning delimitation or seat allotment; an election can be challenged only by election petition |
| Compulsory | Voluntary (state's choice) |
|---|---|
| Gram Sabha in every village | Giving MPs and MLAs representation in panchayats |
| Three tiers (except states up to 20 lakh) | Reservation for backward classes |
| Direct election of members at all levels; indirect election of intermediate and district chairpersons | How the village panchayat chairperson is elected |
| Minimum age 21; SC/ST reservation; one-third for women | Devolving the Eleventh Schedule subjects |
| Five-year term; election within six months of dissolution | Granting taxing powers and grants-in-aid |
| State Election Commission and State Finance Commission | Reserving more than one-third for women (many states now give one-half) |
The Eleventh Schedule reads like a list of everything a village actually needs: agriculture and land improvement, minor irrigation, animal husbandry, fisheries, social forestry, minor forest produce, small-scale and village industries, rural housing, drinking water, fuel and fodder, roads, rural electrification, non-conventional energy, poverty alleviation, education including primary and secondary schools, technical training and adult education, libraries, cultural activities, markets and fairs, health and sanitation, family welfare, women and child development, social welfare, welfare of weaker sections, the public distribution system and maintenance of community assets. The amendment also inserted Article 280(3)(bb), so that the Union Finance Commission recommends measures to augment a state's Consolidated Fund to supplement panchayat resources on the basis of the State Finance Commission's recommendations.
The 74th Amendment: Municipalities under Part IX-A
The 74th Amendment added Part IX-A ("The Municipalities", Articles 243P to 243ZG) and the Twelfth Schedule of 18 subjects. It copies Part IX wherever it can — direct election, one-third for women, a five-year term, the State Election Commission and the State Finance Commission — and adds what a town needs and a village does not: planning committees and ward committees.
- Three kinds of municipality (Art 243Q): a Nagar Panchayat for an area in transition from rural to urban, a Municipal Council for a smaller urban area, and a Municipal Corporation for a larger one. The Governor classifies an area by population, density, revenue, share of non-agricultural employment and economic importance. An industrial township whose services are provided by an industrial establishment may be left without a municipality.
- Wards Committees (Art 243S): compulsory in a municipality with a population of three lakh or more.
- District Planning Committee (Art 243ZD): in every district, to consolidate the plans of panchayats and municipalities into a draft district plan; not less than four-fifths of its members are elected by and from the elected members of the district panchayat and the municipalities, in proportion to the rural and urban population.
- Metropolitan Planning Committee (Art 243ZE): in every metropolitan area — population of ten lakh or more; not less than two-thirds of its members are elected by the elected members of the municipalities and the chairpersons of panchayats in the area.
- Twelfth Schedule: urban and town planning, regulation of land use and buildings, planning for economic and social development, roads and bridges, water supply, public health and solid-waste management, fire services, urban forestry and environment, weaker sections including the disabled, slum improvement, urban poverty alleviation, parks and playgrounds, cultural and educational aspects, burial and cremation grounds, cattle pounds and prevention of cruelty to animals, registration of births and deaths, public amenities such as street lighting and bus stops, and regulation of slaughter houses and tanneries.
| Feature | Panchayats (Part IX) | Municipalities (Part IX-A) |
|---|---|---|
| Articles | 243 – 243-O | 243P – 243ZG |
| Schedule | Eleventh — 29 subjects | Twelfth — 18 subjects |
| Units | Village, intermediate, district tiers | Nagar panchayat, municipal council, municipal corporation — three types, not tiers |
| Grassroots body | Gram Sabha (243A) | Wards Committees where population is 3 lakh or more (243S) |
| Planning | — | District Planning Committee (243ZD), Metropolitan Planning Committee (243ZE) |
| Commissions | SFC 243-I, SEC 243K | SFC 243Y, SEC 243ZA — the same commissions |
PESA, the Fifth Schedule and the Sixth Schedule
Article 244 sets up two separate regimes for tribal India. Article 244(1) and the Fifth Schedule govern Scheduled Areas in any state other than Assam, Meghalaya, Tripura and Mizoram; Article 244(2) and the Sixth Schedule govern the tribal areas of those four states. The design difference is the whole story: the Fifth Schedule keeps power with the Governor and the state government, guided by an advisory council; the Sixth Schedule gives legislative, judicial and fiscal autonomy to elected autonomous district councils.
| Point | Fifth Schedule (Art 244(1)) | Sixth Schedule (Art 244(2)) |
|---|---|---|
| Where | Scheduled Areas in ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana | Tribal areas of Assam, Meghalaya, Tripura and Mizoram — ten autonomous district councils |
| Who declares the area | The President, by order, and may alter it after consulting the Governor | Listed in the Schedule; the Governor may create, divide or alter autonomous districts and regions |
| Key body | Tribes Advisory Council — up to 20 members, about three-fourths being ST members of the state Assembly; advisory only | District council of up to 30 members, not more than four nominated by the Governor and the rest elected by adult franchise; five-year term |
| Law-making | The Governor may direct that an Act of Parliament or of the state not apply, or apply with changes, and may make regulations on land transfer, land allotment and money-lending — with the President's assent | Councils make laws on land, forests other than reserved forests, shifting cultivation, village administration, inheritance, marriage and social customs — with the Governor's assent; they also run village courts and collect certain taxes |
| Reporting | Governor reports to the President annually or when required; the Union may give directions | Governor may appoint a commission to examine a council's working and may dissolve it on that commission's report |
Because Article 243M kept Part IX out of Scheduled Areas, Parliament passed the Panchayats (Extension to the Scheduled Areas) Act, 1996 — PESA (24 December 1996), on the recommendations of the Dilip Singh Bhuria Committee. It extends Part IX to the Fifth Schedule areas of the ten states, with modifications that put the Gram Sabha at the centre: state laws must respect customary law, social and religious practices and traditional management of community resources.
- The Gram Sabha approves plans and identifies beneficiaries of poverty-alleviation programmes, and the panchayat must obtain its certificate of utilisation of funds.
- It must be consulted before land acquisition for development projects and before resettlement of affected people.
- It gets ownership of minor forest produce, a say in licences and leases for minor minerals, and power to prevent land alienation, control money-lending, manage village markets and regulate the sale of intoxicants.
- Reservation for Scheduled Tribes is not less than one-half of the seats, and all chairpersons' posts at every level are reserved for STs.
Union Territories and the Special Case of Delhi
Union Territories are governed by Part VIII (Articles 239–241). The basic rule is in Article 239: every UT is administered by the President acting through an Administrator with whatever designation he chooses — Lieutenant Governor, Administrator or Chief Commissioner. If the Governor of an adjoining state is made the Administrator, he acts independently of his own Council of Ministers. There are eight UTs: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu (merged from 26 January 2020), Delhi, Jammu and Kashmir, Ladakh (both created on 31 October 2019), Lakshadweep and Puducherry. Three have elected legislatures: Delhi, Puducherry and Jammu and Kashmir.
| Article | Provision |
|---|---|
| 239 | Administration by the President through an Administrator |
| 239A | (14th Amendment, 1962) Parliament may create a legislature and/or council of ministers for certain UTs — today Puducherry; the J&K Reorganisation Act, 2019 applies the same model to Jammu and Kashmir |
| 239AA | (69th Amendment, 1991) Special provisions for the National Capital Territory of Delhi |
| 239AB | The President may suspend Article 239AA on the Lieutenant Governor's report of a failure of constitutional machinery |
| 240 | The President may make regulations for the peace, progress and good government of UTs such as the Andaman and Nicobar Islands and Lakshadweep, with the force of an Act of Parliament |
| 241 | Parliament may constitute a High Court for a UT; Delhi is the only UT with a High Court of its own (since 1966) |
Delhi's scheme came from the Balakrishnan Committee and was written in by the 69th Amendment (1991), in force from 1 February 1992. Under Article 239AA Delhi has a Lieutenant Governor, an elected Legislative Assembly that may legislate on State List and Concurrent List matters except public order, police and land, and a Council of Ministers headed by a Chief Minister, not exceeding 10% of the Assembly's strength, collectively responsible to the Assembly. The CM is appointed by the President, not the LG. Parliament's laws prevail over Delhi's, and if the LG and a minister differ, the LG refers the matter to the President, acting meanwhile if the matter is urgent. The 106th Amendment (2023) extended one-third reservation for women to the Delhi Assembly as well.
- 2018A Constitution Bench holds that Delhi is not a state, but that the LG is bound by the aid and advice of the Council of Ministers on matters within the Assembly's competence, and the reference to the President is for exceptional cases, not every difference.
- May 2023A Constitution Bench holds that the elected government controls "services" in Delhi, except those linked to public order, police and land.
- August 2023Parliament passes the Government of National Capital Territory of Delhi (Amendment) Act, 2023, creating a National Capital Civil Service Authority — the CM, the Chief Secretary and the Principal Home Secretary — to recommend transfers and postings, with the LG having the final say.
Key takeaways
- Governor (Arts 153–167): appointed by the President (Art 155), holds office at the President's pleasure (Art 156), age 35, oath by the High Court Chief Justice (Art 159); one person may serve two or more states (7th Amendment), with the cost shared as the President decides. He cannot pardon a court-martial sentence.
- Discretion (Art 163): constitutional — reserving bills (Art 200), the Art 356 report, adjoining-UT administration, Sixth Schedule royalties, Article 371 duties; situational — hung Assembly, a ministry that has lost confidence. Shamsher Singh (1974) — constitutional head; Bommai (1994) — floor test; B.P. Singhal (2010) — no arbitrary removal; Nabam Rebia (2016) — no discretionary summoning.
- CM and ministers (Art 164): responsible to the Assembly only; size 15%, minimum 12 (91st Amendment); non-member must be elected within six months and cannot be re-appointed without election (S.R. Chaudhuri, 2001). Tribal welfare minister compulsory in Chhattisgarh, Jharkhand, MP and Odisha (94th Amendment).
- Legislature: six states have Councils; Parliament creates or abolishes one by ordinary law under Art 169 after the Assembly's special-majority resolution. Council = at most 1/3 of the Assembly, at least 40; delays an Assembly bill 3 + 1 months, a Money Bill 14 days; a Council-originated bill rejected by the Assembly dies; no joint sitting.
- High Courts: 25 in all; appointed and transferred by the President, oath before the Governor, retire at 62, may later practise in the Supreme Court and other High Courts; pensions on the Consolidated Fund of India; common High Court under Art 231; Delhi is the only UT with its own High Court.
- Committees: Balwantrai Mehta (1957) — three tiers, block samiti; Rajasthan first (Nagaur, 2 October 1959). Ashok Mehta (1978) — two tiers, mandal panchayat, party participation. G.V.K. Rao (1985) — "grass without roots". L.M. Singhvi (1986) — constitutional status, nyaya panchayats.
- 73rd (Part IX, 243–243-O, Eleventh Schedule, 29 subjects) and 74th (Part IX-A, 243P–243ZG, Twelfth Schedule, 18 subjects): age 21, one-third women, five-year term, re-election within six months, SEC (243K/243ZA) removable like a High Court judge, SFC (243-I/243Y) every five years; Wards Committees at 3 lakh, DPC four-fifths elected, MPC at 10 lakh with two-thirds elected. Backward-class seats need the triple test (2021).
- PESA 1996 (Bhuria Committee) extends Part IX to Fifth Schedule areas in ten states — Gram Sabha consent and control over minor forest produce, minor minerals, land alienation and money-lending; ST seats at least half and all chairpersons ST. Sixth Schedule: Assam, Meghalaya, Tripura, Mizoram; ten district councils of up to 30 (four nominated). UTs: eight; Delhi (Art 239AA, 69th Amendment) — no power over public order, police and land; ministers ≤ 10%.
Practice questions (17)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
Consider the following statements about the Governor of a State:
1. He is appointed by the President by warrant under his hand and seal.
2. The oath of office is administered to him by the Chief Justice of the High Court of that State.
3. When the same person is appointed Governor of two States, his emoluments are paid entirely out of the Consolidated Fund of India.
Which of the statements given above is/are correct?Show answer
Answer: B — 1 and 2 only
Statements 1 (Art 155) and 2 (Art 159) are correct. Statement 3 is the trap: a Governor's emoluments are charged on the Consolidated Fund of the State, and when he serves two States the cost is shared between those States in the proportion the President determines (Art 158(3A)) — the Union does not pay it.In which case did the Supreme Court hold that although the President's pleasure under Article 156 requires no reason to be stated, a Governor cannot be removed arbitrarily or merely because his views do not accord with the policies of the Union Government?
Show answer
Answer: A — B.P. Singhal v. Union of India (2010)
B.P. Singhal (2010) dealt with the removal of Governors after a change of government at the Centre and held that the pleasure doctrine cannot be used arbitrarily. Nabam Rebia (2016) is the tempting wrong choice because it also limits the Governor, but it concerned his power to summon the Assembly, not his own removal.Consider the following statements:
1. A Governor may reserve a bill passed by the State Legislature for the consideration of the President.
2. A Governor may pardon a sentence passed by a court martial.
3. A Governor cannot, on his own and against the advice of the Council of Ministers, advance the session of the Legislative Assembly.
How many of the statements given above are correct?Show answer
Answer: B — Only two
Statement 1 is correct — reservation under Article 200 is a constitutional discretion. Statement 3 is correct — Nabam Rebia (2016) held that summoning or advancing a session must follow ministerial advice. Statement 2 is wrong: only the President can pardon a court-martial sentence (Art 72); Article 161 gives the Governor no such power.Which one of the following correctly describes a law made by Parliament under Article 169 to abolish the Legislative Council of a State?
Show answer
Answer: D — It is an ordinary law, not deemed an amendment under Article 368
Article 169 lets Parliament abolish or create a Council by ordinary law once the Assembly passes a resolution by a majority of its total membership and two-thirds of those present and voting; the Article itself says such a law is not an amendment for Article 368. The special-majority option confuses the State Assembly's resolution with Parliament's own vote, which needs only a simple majority.An ordinary bill passed by the Legislative Assembly of a bicameral State is sent to the Legislative Council. For how long, at the most, can the Council hold it up?
Show answer
Answer: D — Three months, then one month if passed again
Under Article 197 the Council can delay an Assembly bill for three months, and when the Assembly passes it again, for one more month — four months in all, after which the bill is deemed passed. Fourteen days is the limit for a Money Bill (Art 198), and the joint-sitting option is a Parliament rule that has no counterpart in the States.Consider the following statements about High Courts:
1. Parliament may by law establish a common High Court for two or more States.
2. A person who has held office as a permanent judge of a High Court cannot plead before any court in India after retirement.
3. The pensions of High Court judges are charged on the Consolidated Fund of India.
Which of the statements given above are correct?Show answer
Answer: C — 1 and 3 only
Statement 1 is Article 231, added by the 7th Amendment, and statement 3 is correct because pensions are charged on the Consolidated Fund of India even though salaries come from the State. Statement 2 overstates Article 220: a retired permanent judge is barred only from the High Court where he served and may practise in the Supreme Court and other High Courts.A person who is not a member of the State Legislature is appointed a minister. Which one of the following is correct?
Show answer
Answer: A — He must become a member within six months, and cannot be re-appointed in the same Assembly without being elected
Article 164(4) gives a non-member six months to win a seat, and S.R. Chaudhuri v. State of Punjab (2001) held that he cannot be re-appointed after that period, during the same Assembly, without first being elected. Nomination to the Council is not a route the Constitution prescribes, and there is no one-year term or extension.Consider the following pairs:
Committee — Recommendation
1. Balwantrai Mehta Committee — Three-tier system with the zila parishad as an advisory and supervisory body
2. Ashok Mehta Committee — Mandal panchayats covering a group of villages
3. G.V.K. Rao Committee — Nyaya panchayats for a cluster of villages
4. L.M. Singhvi Committee — Constitutional recognition of local self-government
How many of the pairs given above are correctly matched?Show answer
Answer: C — Only three
Pairs 1, 2 and 4 are correct. Pair 3 is wrong: nyaya panchayats for a cluster of villages were an L.M. Singhvi recommendation, while the G.V.K. Rao Committee is remembered for calling PRIs "grass without roots" and for making the zila parishad pivotal.With reference to Part IX of the Constitution, consider the following statements:
1. The minimum age for election to a panchayat is 21 years.
2. A State with a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.
3. Reservation of seats for backward classes in panchayats is mandatory under Article 243D.
Which of the statements given above is/are correct?Show answer
Answer: A — 1 and 2 only
Statements 1 (Art 243F) and 2 (Art 243B) are correct. Statement 3 is wrong: Article 243D makes SC/ST and women's reservation compulsory but only enables a State to reserve seats for backward classes, which is why the triple test of 2021 applies to such seats.Consider the following statements:
1. The State Finance Commission is constituted by the Governor every five years.
2. The Finance Commission under Article 280 recommends measures to augment the Consolidated Fund of a State to supplement the resources of panchayats, on the basis of the State Finance Commission's recommendations.
Which of the statements given above is/are correct?Show answer
Answer: C — Both 1 and 2
Both are correct. Article 243-I makes the Governor constitute the State Finance Commission every five years, and the 73rd Amendment inserted Article 280(3)(bb), linking the Union Finance Commission's recommendations to the State Finance Commission's. The trap is to assume the two commissions are unconnected, or that the Union body appoints the State one.Under Part IX-A of the Constitution, Wards Committees must be constituted within the territorial area of a municipality having a population of:
Show answer
Answer: B — three lakh or more
Article 243S requires Wards Committees in municipalities with a population of three lakh or more. Ten lakh is the tempting distractor because it is the figure that defines a metropolitan area for a Metropolitan Planning Committee under Article 243ZE.Consider the following statements:
1. A District Planning Committee consolidates the plans prepared by the panchayats and the municipalities in the district.
2. Not less than four-fifths of the members of a District Planning Committee are elected by and from the elected members of the district panchayat and the municipalities.
3. A Metropolitan Planning Committee is constituted in every area having a population of five lakh or more.
How many of the statements given above are correct?Show answer
Answer: B — Only two
Statements 1 and 2 describe Article 243ZD correctly. Statement 3 is wrong: a metropolitan area under Article 243ZE has a population of ten lakh or more, and two-thirds of its planning committee are elected — five lakh appears nowhere in Part IX-A.With reference to the Panchayats (Extension to the Scheduled Areas) Act, 1996, consider the following statements:
1. It extends the provisions of Part IX to the Scheduled Areas under the Fifth Schedule.
2. The offices of chairpersons of panchayats at all levels are reserved for Scheduled Tribes.
3. It applies to the tribal areas of Assam, Meghalaya, Tripura and Mizoram.
Which of the statements given above is/are correct?Show answer
Answer: D — 1 and 2 only
Statements 1 and 2 are correct: PESA extends Part IX to Fifth Schedule areas, reserves at least half the seats and all chairpersons' posts for Scheduled Tribes. Statement 3 confuses the two Schedules — the four north-eastern States are governed by the Sixth Schedule and its autonomous district councils, which PESA does not touch.Under the Fifth Schedule, a Tribes Advisory Council consists of not more than twenty members, of whom, as nearly as may be, three-fourths are:
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Answer: D — Scheduled Tribe members of the State Assembly
Paragraph 4 of the Fifth Schedule fills about three-fourths of the Council with the Scheduled Tribe members of the State Legislative Assembly; the Council only advises the Governor. Autonomous district councils belong to the Sixth Schedule, which is why that option is the trap.Consider the following statements about the Sixth Schedule:
1. It applies to the tribal areas of Assam, Meghalaya, Tripura and Mizoram.
2. A district council has not more than thirty members, of whom not more than four are nominated by the Governor.
3. Laws made by a district council on matters such as inheritance and marriage require the assent of the Governor.
How many of the statements given above are correct?Show answer
Answer: C — All three
All three are correct. The Sixth Schedule (Art 244(2)) covers the four north-eastern States, a district council has up to thirty members with at most four nominated, and its laws on land, inheritance, marriage and social customs take effect only with the Governor's assent. The common slip is to give such laws to the President, which is the Fifth Schedule's route for the Governor's regulations.Under Article 239AA, the Legislative Assembly of the National Capital Territory of Delhi cannot make laws on which of the following groups of State List subjects?
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Answer: A — Public order, police and land
Article 239AA(3)(a) lets the Delhi Assembly legislate on State and Concurrent List matters except entries 1, 2 and 18 of the State List — public order, police and land — and the entries connected with them. The other groups are ordinary State subjects on which the Assembly can legislate, subject to Parliament's overriding laws.Consider the following statements about Union Territories:
1. Delhi is the only Union Territory that has a High Court of its own.
2. The President may make regulations for the peace, progress and good government of the Andaman and Nicobar Islands and of Lakshadweep.
3. Puducherry has a Legislative Assembly created by a law of Parliament made under Article 239A.
4. Ladakh has an elected Legislative Assembly.
Which of the statements given above are correct?Show answer
Answer: B — 1, 2 and 3 only
Statements 1 (Art 241), 2 (Art 240) and 3 (Art 239A) are correct. Statement 4 is wrong: the Jammu and Kashmir Reorganisation Act, 2019 gave the Union Territory of Jammu and Kashmir a legislature but created Ladakh as a Union Territory without one, so only Delhi, Puducherry and Jammu and Kashmir have elected Assemblies.