State Executive & The Judiciary

✈️ POA07 · Indian Polity · AFCAT GA AFCAT Level ★ Moderate Priority

📌 AFCAT Focus: (1) Governor — appointed by President, holds office at President's pleasure, discretionary powers; (2) SC — retirement age 65, writ jurisdiction Article 32; (3) HC — retirement age 62, writ jurisdiction Article 226 (broader than SC); (4) Collegium System for judicial appointments. Questions: "Who appoints X?" "At what age do SC judges retire?"

1. State Executive

🏭 Governor (Articles 153–162)

Head of state; appointed by President (Article 155) — not elected
Holds office during pleasure of President (Article 156) — can be removed anytime
Nominal term: 5 years; but effectively holds office at Centre's will
Indian citizen; age 35+; must not be from the same state
Oath administered by Chief Justice of the State's High Court
Discretionary powers: Reservation of bill for President's consideration; recommending President's Rule; role in govt formation when no clear majority
Pardoning power: Article 161 (similar to President's Art 72 but excludes court-martial and death penalty in some states)

⚖ Chief Minister & State CoM (Articles 163–164)

Real executive at state level — head of state government
Appointed by Governor (convention: leader of majority in State Legislative Assembly)
State Council of Ministers collectively responsible to State Legislative Assembly
CM advises Governor on all state matters
State Advocate General (Article 165) — highest law officer of state; appointed by Governor
Must have majority support in assembly; otherwise Governor can dismiss

2. The Judiciary

⚖ Supreme Court & High Courts — Key Facts Compared

Supreme Court (Articles 124–147)

Apex court; Guardian of Constitution

Established: 26 January 1950; Seat: New Delhi
Composition: CJI + max 33 other judges (34 total currently)
Retirement age: 65 years
Appointment: By President after Collegium recommendation (CJI + 4 senior-most SC judges)
Removal: Presidential address + special majority in BOTH Houses (never happened)
Writ Jurisdiction: Article 32 — only for enforcement of Fundamental Rights
Original: Art 131 — disputes between Centre and States
Advisory: Art 143 — President's reference (non-binding opinion)

High Courts (Articles 214–231)

Highest court at state level

Highest judicial body in each state; established under Article 214
Chief Justice + other judges appointed by President
Retirement age: 62 years
Writ Jurisdiction: Article 226 — for enforcement of Fundamental Rights AND any other legal right — wider scope than SC
Appellate jurisdiction over all subordinate courts in the state
Superintendence over all courts and tribunals in state
HC judges' removal: same process as SC judges

📌 Judicial Review — AFCAT Key Concept:
Power of courts to examine the constitutional validity of laws and executive actions. If found inconsistent with the Constitution → declared void (ultra vires). Flows from Articles 13 (FRs), 32, and 226. The Basic Structure Doctrine (Kesavananda Bharati 1973) limits Parliament's power to amend the Constitution even by Article 368.

📝 AFCAT PYQ Practice — POA07

Q1. The retirement age of a Supreme Court judge is: AFCAT PYQ

(a) 60 years(b) 62 years(c) 65 years(d) 70 years

✔ Answer: (c) 65 years

Supreme Court judges retire at 65 years. High Court judges retire at 62 years. The difference is 3 years — a commonly tested AFCAT fact. After retirement, SC judges cannot practice before any court or authority in India (unlike HC judges who can practice before courts other than their parent HC).

Q2. The Governor of a state is appointed by: AFCAT PYQ

(a) Chief Minister(b) Prime Minister(c) President of India(d) State Legislature

✔ Answer: (c) President of India

Under Article 155, the Governor is appointed by the President of India by warrant under his hand and seal. The Governor holds office during the pleasure of the President (Article 156). In practice, the appointment is made on the advice of the PM (Council of Ministers). The Governor acts as the agent of the Central Government in the state.

Q3. Under which Article does the High Court have the power to issue writs? AFCAT PYQ

(a) Article 32(b) Article 131(c) Article 226(d) Article 143

✔ Answer: (c) Article 226

Article 226 empowers High Courts to issue writs for enforcement of Fundamental Rights AND any other legal right — making HC writ jurisdiction wider than SC's Article 32 (only for FRs). Article 32 is itself a Fundamental Right; Article 226 is a constitutional right but not an FR. Art 131 = SC's original jurisdiction; Art 143 = Presidential reference.

📋 Quick Reference — POA07

⚖ SC Key Facts

Established: 26 Jan 1950; Seat: New Delhi
CJI + max 33 others (34 total)
Retirement: 65 years
Writ: Art 32 (FRs only)
Original: Centre-State disputes (Art 131)

⚖ HC Key Facts

Highest court in state
Retirement: 62 years
Writ: Art 226 (FRs + any legal right)
Art 226 > Art 32 in scope
Superintendence over subordinate courts

🏭 Governor

Appointed by President (Art 155)
Holds office at President's pleasure
Nominal term: 5 years
Discretionary: Art 356 recommendation
Oath: CJ of HC administers

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