Extent of Powers of Union, Supreme Court etc

Article 73. Extent of Powers of the Union

- Parliament, LS

- Government, treaties, contracts, agreements

 

Article 74 Council of Ministers to aid and advice the President

 

Article 75 Other Provisions as Ministers

- Prime Minister + Lok Sabha (15% of LS)

- Pleasure of President

- COM -> Collectively Responsible -> House of people

Parliamentary for of Government - Executive is answerable to legislator

If minister is unavailable since 6 month, he ceases to be a Minister

 

Article 76 Attorney General of India

- 1st Law officer of India

- Eligible to be appointed as Judge of Supreme Court

- 1st Attorney General - M C Setalwad

 

Solicitor General

- 2nd Law officer

- 1st Solicitor General - C K Daphtary

- 1st female ASG - Pinki Anand

 

Article 77 Conduct of business of Government of India

- All executive action in the name of President

 

Article 78 Duties of Prime Minister, furnishing of information to the President

 

 

Source of Indian Constitution

1. Government of India Act 1935

(a) Federal Scheme

(b) Governor

(c) Judiciary

(d) Public Service Commission

(e) Emergency

(f) Administrative details

 

2. British

(a) Parliamentary Government

(b) Rule of Law

(c) Legislative Procedure

(d) Single Citizenship

(e) Prerogative Writs

(f) Parliamentary Privileges

(g) Bicameralism

 

3. US

(a) Fundamental Rights

(b) Preamble

(c) Independent Judiciary

(d) Judicial Review

(e) Removal of Judges

(f) Vice President

 

4. Irish

(a) Directive Principles of State Policy

(b) 12 Rajya Sabha MPs

 

5. Canadian

(a) Federation with strong centre

(b) Residuary power with centre

(c) Appointment of Governors by Centre

(d) Supreme Court Advisory Jurisdiction

 

6. Australian

(a) Concurrent List

(b) Freedom of Trade, Commerce, Intercourse

(c) Joint Sitting of Parliament

 

7. Weimar Constitution of Germany

-Suspension of Fundamental Rights during emergency

 

8. Russia

(a) Fundamental Duties Article 51A

(b) Justice - Social Economical Political

 

9. French

(a) Republic

(b) Liberty, equality, fraternity

 

10. South Africa

(a) Article 368

(b) Rajya Sabha Election

 

11. Japan

Procedure established by law

 

 

 

Part VI

Chapter 2: Article 153-167

Article 153 Governor of State (Government of India Act 1935)

Article 154 Executive Power of State

Article 155 Appointment of Governor (Canadian system)

- Longest term of Governor - A. R. Kidwai - 15 Years

 

Article 156 Term of office of Governor

- Resignation to President

 

Article 157 Qualification for appointment as Governor

(i) Age 35 years

(ii) Indian Citizen

 

Article 158 Conditions of Governor's Office

(i) No Membership in either house of Parliament

(ii) No office of Profit

(iii) Emoluments and Allowances will be paid by the State

(iv) The emoluments and allowances of the Governor shall not be diminished during his term of office

(v) The President will decide emoluments and allowances if serving in more than one state.

 

Article 159 Oath

- By Chief Justice of High Court / Senior Judge of the High Court

 

Article 160 Discharge of functions of the Governor in certain contingencies

- President will decide

 

Article 161 Powers of Governor grant pardon etc and to suspend or remit or commute sentences in certain cases.

(i) Pardon/ Suspend / Remit - Imprisonment 0

(ii) Reprieve - Temporary stay on execution

(iii) Respite - Lesser punishment for person with disability

(iv) Commute - Substituting for lower punishment

(v) Remission - reduce punishment

 

Article 162 Extent of power of executive of state

- Power of Legislature

 

Article 163 Council of Ministers

 

Article 164 Other provisions as Ministers

- Pleasure of Governor

- Council of Ministers -> Collectively Responsible -> Legislative Assembly

- Parliamentary form of Government - Executive is answerable to Judiciary

- If minister is unavailable for 6 months, he ceases to be Minister

 

Article 165 Conduct of Business of Government of state

 

Article 167 Duties of Chief Minister furnishing of information

 

Part V

Union, Judiciary - Government of India Act, 1935

Supreme Court

High Courts

Lower Courts

 

Retirement age of Judges

- Supreme Court 65

- High Court 62

- District Courts 60

 

26th January 1950 - Supreme Court formulated

28th January 1950 - Supreme Court inaugurated and started functioning.

 

Article 124 There shall be a Supreme Court...

Maximum no of Supreme court Judges

- At Beginning -1+7

- Now -1+34 (2019 amendment)

 

Removal of Supreme Court Judge - USA method

- 51% members support removal resolution

- 2/3rd Majority

- President removes

Same procedure in the other house also

 

 Grounds

- Mis behavior

- In capacity

Retired Supreme Court Judge cannot plead in any court, nor act

 

Article 125 Salaries of Judges

Article 126 Appointment of Acting Chief Justice

Article 127 Appointment of ad hoc Judges, Additional Judges designated by CJI.

 

Article 128 Retired Judges

- Called for particular matters

 

Article 129 Supreme court to be a Court of Record

- Same High Court also

- Recording

- Contempt of Court

 

Article 130 Seat of Supreme Court

- Delhi

- CJI can change with approval of President

 

Article 131 Original Jurisdiction of Supreme Court

(i) State Vs State

(ii) Centre Vs State

(iii) Centre & State (s) Vs State (s)

 

Advisory Jurisdiction

- Original

- Appellate

- Revisional

 

Article 132 Appellate Jurisdiction of Supreme Court in appeals from High Courts, in Certain cases.

 

Article 133 Appellate Jurisdiction of Supreme Court in appeals from High Courts in Civil Matters.

 

Article 134. Appellate Jurisdiction of Supreme Court in regard to Criminal matters.

 

Article 134A Certificate for appeal to the Supreme Court

 

Article 135 Jurisdiction and powers of Federal Court under existing law to be exercisable by Supreme Court.

 

Article 136 Special Leave to Appeal by Supreme Court

 

Article 137 Review Petition (taken from USA), Curative Petition

Ashok Hurra V/s Rupa Ashok Hurra 2002

 

Article 138 Enlargement of Jurisdiction of the Supreme court

(i) Union List

(ii) Parliament

 

Article 139 Writs

 

Article 139A Transfer of Certain Cases

By an appeal from Attorney General or a Party to the case. The Supreme Court can take any case from the lower Court.

 

Article 140 Ancillary Powers of Supreme Court

- Parliament can give powers to the Supreme Court

 

Article 141 Law declared by the Supreme Court shall be binding on all Courts within the territory of India

 

Article 142 Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc

 

Article 143 Power of President to consult Supreme Court

Taken from Canada

1. Pre Constitution Act/ Treaty/ agreement - Advisory

2. Question of law for public - Advisory

 

Article 144 Civil and Judicial authorities to act and aid Supreme Court

 

Article 145 Rules of Court, etc

- Constitution Bench Judgment shall be under Article 145

 

Article 146 Officers and servants and the expenses of the Supreme Court

 

Article 147 Interpretation In this Chapter and in Chapter V of Part VI references to any substantial question of law