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Polity · CDS

POC08 — State Executive & Judiciary

⚖ POC08 · Indian Polity – VIII · Chapter 8 CDS Level ★ High Priority

📌 CDS Focus: Governor's discretionary powers and the difference between President and Governor are the most tested areas. For the judiciary: Supreme Court jurisdictions (especially Original under Art. 131, Advisory under Art. 143), the Collegium System, and the difference between Art. 32 (SC writs) vs Art. 226 (HC writs) are direct PYQs. High Court's supervisory jurisdiction over subordinate courts (Art. 227) is a concept question. Know which jurisdiction requires the SC alone vs both SC and HC.

PART A — STATE EXECUTIVE: GOVERNOR (Articles 153–162)

1. The Governor

📌 Appointment, Eligibility & Term

Appointed by the President of India (NOT elected)
Eligibility: Citizen of India; completed 35 years of age
Must not hold any office of profit; must not be a member of legislature
Term: 5 years (serves during President's pleasure — can be removed anytime)
Oath administered by: Chief Justice of the High Court of that state
Resignation goes to: President of India
Cannot be tried for any act done in official capacity

📌 Governor vs President — Key Differences

President is elected; Governor is appointed by President
President cannot be removed at will; Governor can be (serves during pleasure)
President's oath by CJI; Governor's oath by HC Chief Justice
President's resignation to VP; Governor's resignation to President
President can be impeached; Governor cannot be impeached
President acts on CoM advice; Governor has some discretionary powers

1.1 Powers of the Governor Maximum PYQs

⚡

Executive Powers

All executive power of state vested in Governor
Appoints: CM, other ministers (on CM's advice), Advocate General, State Election Commissioner, Chairman of State PSC
Appointments relating to HC — recommends to President
Can require CM to submit information on state affairs

📋

Legislative Powers

Summons, prorogues, and dissolves State Legislature
Addresses state legislature at the beginning of each session
Nominates 1/6th of State Legislative Council members (in states with councils)
Can reserve bills for President's consideration (Art. 200)
Promulgates ordinances when legislature not in session (Art. 213)

⚖️

Pardoning Power (Art. 161)

Governor's pardoning power = Art. 161 (state offences only)
President's pardoning power = Art. 72 (includes death sentence, court-martial, Union law offences)
Governor CANNOT pardon death sentence — only President can
Governor CANNOT pardon court-martial sentences

🎯

Discretionary Powers

Most Tested Area

Appointing CM when no party has clear majority (Art. 164)
Dismissing CM if he loses majority in assembly
Dissolving State Assembly when CoM has lost majority
Reserving a bill for President's consideration (Art. 200) — can do even when CM advises against
Seeking information from CM (Art. 167)
Returning a bill for reconsideration (except money bills)

⚠ Governor Traps: (1) Governor is NOT elected — appointed by President. (2) Governor's oath is administered by HC Chief Justice — NOT the CJI or the President. (3) Governor CANNOT pardon death sentence — only President (Art. 72). (4) Governor has discretionary powers — unlike President who MUST act on CoM advice (after 44th Amendment). (5) Governor serves during President's pleasure — term of 5 years is NOT guaranteed. (6) There is NO provision to impeach the Governor.

2. Chief Minister & State Council of Ministers

📌 Chief Minister

Appointed by Governor — must command majority in Assembly
Must be a member of state legislature (within 6 months if not already)
Real executive head of state — Governor is nominal head
CM appoints/dismisses state ministers (on CM's recommendation)
CM resigns if loses Assembly majority — Governor may dissolve Assembly or invite alternative
Communicates all CoM decisions to Governor (Art. 167)

📌 State Council of Ministers

Headed by CM; appointed by Governor on CM's advice
Collectively responsible to State Legislative Assembly (Art. 164)
Ministers hold office during pleasure of Governor
State CoM size = max 15% of State Assembly strength (91st Amendment 2003); minimum 12
Total strength of Assembly cannot exceed 15% (same rule as Union — 91st Amendment)

PART B — SUPREME COURT (Articles 124–147)

3. Supreme Court of India

Supreme Court — Four Jurisdictions

3.1 Composition & Appointment PYQ

📌 Composition & Qualification

Originally 8 judges (including CJI); currently 34 judges (including CJI)
Qualification: (a) HC judge for 5+ years, OR (b) Advocate of HC for 10+ years, OR (c) Distinguished jurist in President's opinion
Retirement age: 65 years
Salary charged on Consolidated Fund of India (not voted by Parliament)

📌 Collegium System

SC judges appointed by President in consultation with CJI + collegium
Collegium = CJI + 4 senior-most SC judges (for SC appointments)
For HC judges: CJI + 2 senior-most SC judges
Evolved through three judges cases: SP Gupta (1981), SC Advocates-on-Record (1993), In re Presidential Reference (1998)
Collegium's recommendation is binding on President if sent twice
NJAC (National Judicial Appointments Commission) created by 99th Amendment 2014 — struck down by SC in 2015

3.2 Removal of SC Judges PYQ

Impeachment of SC/HC Judges (Art. 124(4)): A judge can be removed only by an order of the President passed after an address by each House of Parliament supported by a special majority (majority of total membership + 2/3rd of members present and voting) of each House in the same session. Grounds: proved misbehaviour OR incapacity. No SC judge has ever been removed in India's history.

3.3 Jurisdictions — Article-wise High Priority PYQ

Jurisdiction	Article	Scope	Key Note
Original	Art. 131	Disputes between Centre vs State, State vs State — exclusively; NOT individual vs State at SC level	Exclusive — only SC can hear; HC cannot
Writ	Art. 32	For enforcement of Fundamental Rights only; issues 5 writs	Art. 32 itself is a FR; both SC (Art.32) and HC (Art.226) have writ powers; HC's scope is wider
Appellate — Constitutional	Art. 132	Appeals from any HC judgment involving substantial question of constitutional law	Certificate of HC required
Appellate — Civil	Art. 133	Civil appeals from HC (with HC certificate or SC leave)	Certificate of HC or SC's special leave
Appellate — Criminal	Art. 134	Criminal appeals from HC — when HC acquits an accused convicted below, or awards death, or certifies fit for SC appeal	Automatic in some cases
Special Leave	Art. 136	SC can grant special leave to appeal from any court/tribunal in India (except military)	SC's discretionary power — widest appellate power
Advisory	Art. 143	President may refer question of law/fact to SC for advisory opinion	SC may give opinion; NOT binding on President
Review	Art. 137	SC can review its own judgment — only if error apparent on face of record	Rarely exercised

PART C — HIGH COURTS & SUBORDINATE COURTS

4. High Courts (Articles 214–231)

📌 Composition & Appointment

Each state has one HC; some HCs have jurisdiction over more than one state
Currently 25 High Courts in India (including 3 with multi-state jurisdiction)
Consists of Chief Justice + other judges appointed by President
Chief Justice of HC: Appointed by President in consultation with CJI + Governor of that state
Other HC judges: Appointed by President in consultation with CJI, Governor, and HC Chief Justice
Retirement age: 62 years (SC judges retire at 65)

📌 Jurisdictions of High Court

Original — In specified matters (Calcutta, Bombay, Madras HCs have wider original jurisdiction)
Writ (Art. 226) — For FRs AND any other legal right; wider than SC's Art. 32
Appellate — Hears appeals from subordinate courts (District Courts, Session Courts)
Supervisory (Art. 227) — Supervisory jurisdiction over ALL subordinate courts and tribunals within its jurisdiction
Court of Record — Its judgments are admitted as evidence; can punish for contempt

⚠ SC vs HC Jurisdiction Traps: (1) Art. 32 (SC writs) = for FRs only; Art. 226 (HC writs) = for FRs AND any other legal right — HC's scope is wider. (2) Original jurisdiction (Centre vs State) = Art. 131 = ONLY SC; HC cannot hear. (3) Advisory jurisdiction = Art. 143 = ONLY SC (HC has no advisory jurisdiction). (4) Supervisory jurisdiction over subordinate courts = Art. 227 = HC only (SC does not have this role directly). (5) SC judges retire at 65; HC judges at 62.

5. Subordinate Courts (Articles 233–235)

District Courts: The District Judge is the principal civil judge (District Court) and criminal judge (Sessions Court) at the district level. Appointed by the Governor in consultation with the HC of that state. Article 233 — appointment of District Judges. Article 235 — HC controls subordinate courts (posting, promotion, leave of district judges). Article 234 — recruitment of persons other than district judges to judicial service.

⚡ POC08 Memory Chart — Fast Revision

🏛️ Governor — Basics

Appointed by President; age 35+
Term 5 yrs; serves during President's pleasure
Oath: HC Chief Justice
Resignation: to President
NO impeachment provision for Governor

🎯 Discretionary Powers

Appoint CM when no clear majority
Dismiss CM losing majority
Dissolve Assembly (losing CoM)
Reserve bill for President (Art. 200)
Seek info from CM (Art. 167)

⚖️ SC — Key Facts

34 judges (including CJI)
Retirement: 65 years
Collegium = CJI + 4 senior SC judges
Original (Art.131) — Centre-State disputes
Advisory (Art.143) — President's reference

⚖️ SC Jurisdictions

Art. 131 — Original (exclusive SC)
Art. 32 — Writs for FRs only
Art. 136 — Special Leave (widest)
Art. 143 — Advisory (not binding)
Art. 137 — Review of own judgment

⚖️ HC — Key Facts

25 High Courts in India
Retirement: 62 years
Art. 226 — writs for FRs + other rights
Art. 227 — supervisory over subordinate courts
HC scope wider than SC for writs

🔑 Governor vs President

President — elected; Governor — appointed
Governor can be removed anytime
Governor's oath — HC CJ; President's — CJI
Governor CANNOT pardon death sentence
Governor has discretionary powers (President does not)

📄 Topic-Wise PYQs & Tricky Questions

Q1. The oath of the Governor of a state is administered by: CDS PYQ

(a) Chief Justice of India(b) President of India(c) Chief Justice of the concerned High Court(d) Chief Minister of the State

✔ Answer: (c) Chief Justice of the concerned High Court

The oath of the Governor is administered by the Chief Justice of the High Court of the concerned state. If the CJ is not available, the senior-most HC judge performs this function. This is different from the President's oath, which is administered by the Chief Justice of India. The President appoints the Governor but does NOT administer the oath — a commonly tested distinction.

Q2. Which is an exclusive original jurisdiction of the Supreme Court of India? CDS PYQ

(a) Writ jurisdiction for FR enforcement(b) Disputes between Centre and State(c) Appellate jurisdiction over HC judgments(d) Supervisory jurisdiction over subordinate courts

✔ Answer: (b) Disputes between Centre and State

Under Article 131, the Supreme Court has exclusive original jurisdiction over disputes between the Centre and State(s), and between States. This means ONLY the SC can hear such federal disputes — no High Court can. Writ jurisdiction is shared with HCs (Art. 226); appellate jurisdiction covers HC judgments; supervisory jurisdiction over subordinate courts belongs to HCs (Art. 227), not the SC.

Q3. The 'Collegium System' for appointment of SC judges was evolved through which case? CDS PYQ

(a) Kesavananda Bharati case (1973)(b) Minerva Mills case (1980)(c) SC Advocates-on-Record Association v. UoI (1993)(d) NJAC case (2015)

✔ Answer: (c) SC Advocates-on-Record Association v. UoI (1993)

The Collegium system was evolved through the Second Judges Case — SC Advocates-on-Record Association v. Union of India (1993). This case held that the CJI's opinion on appointment is binding and the collegium (CJI + 2 senior judges for HC, CJI + 4 senior judges for SC) must be consulted. The First Judges Case (SP Gupta 1981) had held Executive primacy. The Third Judges Case (1998) further clarified the collegium composition.

Q4. The Governor of a state can reserve a bill for the consideration of the President. This is one of his: Tricky

(a) Legislative powers(b) Discretionary powers(c) Financial powers(d) Emergency powers

✔ Answer: (b) Discretionary powers

Reserving a state bill for the President's consideration (Article 200) is one of the Governor's discretionary powers. The Governor can exercise this power even against the advice of the Council of Ministers — it is not subject to ministerial advice. This is one of the most important discretionary powers as it allows the Centre to scrutinise state legislation. The CM cannot compel the Governor to give assent.

Q5. Which Article gives High Courts the power to issue writs for any legal right (not just FRs)? CDS PYQ

(a) Article 32(b) Article 131(c) Article 226(d) Article 227

✔ Answer: (c) Article 226

Article 226 empowers High Courts to issue writs for enforcement of Fundamental Rights and any other legal right — making it broader than Article 32 (SC's writ jurisdiction which is only for FRs). Article 32 is itself a Fundamental Right; Art. 226 is a constitutional right. Art. 227 gives HC supervisory jurisdiction over subordinate courts. Art. 131 is the SC's original jurisdiction over Centre-State disputes.

Q6. What is the retirement age of a High Court judge? CDS PYQ

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

✔ Answer: (a) 62 years

High Court judges retire at 62 years. Supreme Court judges retire at 65 years. This difference of 3 years is a direct CDS question. A HC judge can be transferred to another HC by the President (not by their own state's government). A judge who has been a HC judge can be appointed to the SC. There is NO provision for re-appointment of judges after retirement.

Q7. The President's advisory jurisdiction (Art. 143) allows him to refer to the SC. Which is TRUE? Tricky

(a) SC must give an opinion and it is binding(b) SC may or may not give an opinion; even if given, not binding on President(c) SC opinion is binding on President but not on courts(d) Only constitutional questions can be referred

✔ Answer: (b) SC may or may not give an opinion; even if given, not binding on President

Under Article 143, the President may refer questions of law or fact of public importance to the SC for an advisory opinion. The SC may give an opinion — it is not obligatory. Even when given, the SC's opinion is not binding on the President (unlike the SC's judicial decisions which bind all courts). The SC can decline to give an opinion if it considers the question political or inappropriate.

Q8. Supervision of subordinate courts (District Courts, etc.) is exercised by: CDS PYQ

(a) Supreme Court under Article 131(b) High Court under Article 227(c) President of India(d) Law Ministry of the state

✔ Answer: (b) High Court under Article 227

Article 227 gives the High Court supervisory jurisdiction over all subordinate courts and tribunals within its jurisdiction. This includes District Courts, Sessions Courts, Civil Courts, and various tribunals. The HC can call for records, revise decisions, and issue directions. The Supreme Court does NOT have direct supervisory authority over subordinate courts. This supervisory role ensures the integrity of the lower judiciary.

📋 Quick Reference — POC08

🏛️ Governor

Appointed by President; 35+ yrs
5-yr term; President's pleasure
Oath: HC Chief Justice
No impeachment; no fixed tenure
Has real discretionary powers

⚖️ SC Facts

34 judges; CJI + 33 others
Retirement: 65 years
Collegium: CJI + 4 senior judges
NJAC struck down (2015)
Original (131); Advisory (143)

⚖️ HC Facts

25 HCs in India
Retirement: 62 years
Art. 226 — writs (FRs + legal rights)
Art. 227 — supervisory over lower courts
HC collegium: CJI + 2 senior SC judges

📋 Jurisdictions

Art. 131 — Original (SC only)
Art. 32 — Writ (SC; FRs only)
Art. 226 — Writ (HC; wider scope)
Art. 143 — Advisory (SC; not binding)
Art. 136 — Special Leave (widest)

🎯 Discretionary Powers

Appoint CM (no clear majority)
Dismiss CM losing majority
Reserve bill for President (Art. 200)
Dissolve Assembly (Art. 174)
Governor cannot pardon death sentence

🔑 Key Distinctions

Art. 32 (SC) — FRs only
Art. 226 (HC) — FRs + any legal right
SC judges: 65 yrs; HC judges: 62 yrs
Art. 227 — supervisory (HC not SC)
Art. 131 — original (SC exclusive)

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