High Courts and State Government

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

High Courts and State Government — Key Facts for BPSC

• High Courts: 25 High Courts in India (latest: Telangana HC, 2019)
• Chief Justice appointment: Governor appoints (after consultation with CJI + President)
• Territorial jurisdiction: Each state has a HC (or shares with another state)
• State Government: Council of Ministers headed by CM (real executive); Governor (ceremonial head)
• Legislature: Unicameral in most states (Assam, Bihar, Maharashtra has 2 houses — extended provision)
• Article 356: President’s Rule in states — BPSC frequently asks about imposition grounds and procedure

⚡ Exam tip: BPSC asks about Governor appointments, President’s Rule under Article 356, and differences between Governor and CM. Know Article 356 procedure and grounds for dismissal.

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

High Courts

Structure and Composition

Article 214: Every state must have a High Court

• Exception: States with shared HC (e.g., Punjab & Haryana share Chandigarh HC)
• Number of judges: Determined by President (not fixed — varies by state workload)

Current High Courts (25):

• Largest: Allahabad HC (with 160+ judges)
• Smallest: Sikkim HC (3 judges)
• Newest: Telangana HC (established 2019)

Qualifications of a High Court Judge (Article 217):

• Must have been an advocate of HC for 10 years; OR
• Must have held a judicial office in India for 10 years; OR
• Must be a distinguished jurist (in the opinion of Governor)

Appointment (Article 217):

1. President appoints (after consultation with Governor, CJI, Chief Justice of that HC)
2. Consultation with CJI is mandatory (Three Judges Cases)
3. Senior-most judge is usually appointed as Chief Justice (but can be overridden in rare cases)

Tenure:

• Holds office until 62 years of age
• Cannot be removed except by impeachment (same as SC judges — 2/3 both Houses)
• Salary: ₹90,000/month (judge), ₹1 lakh/month (CJI) — fixed by Parliament

Jurisdiction of High Courts

1. Original Jurisdiction:

• High Courts of Calcutta, Bombay, Madras: Have original jurisdiction in civil matters (suits above certain value)
• Not: Other High Courts (mostly appellate)

2. Appellate Jurisdiction:

• Civil appeals from lower courts (above ₹5 lakh)
• Criminal appeals from sessions courts (where HC is court of reference)
• Constitutional matters (Article 226)

3. Writ Jurisdiction (Article 226):

• Can issue all 5 writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto)
• More flexible than Article 32 — can issue for “any legal right” (not just FR)
• Cannot be refused — SC can refuse to hear under Article 32

4. Supervisory Jurisdiction (Article 227):

• High Courts supervise all inferior courts in the state
• Can transfer cases, can punish for contempt
• Can issue rules for lower courts

5. Court of Record (Article 215):

• Can punish for contempt of court (like Supreme Court)
• Its judgments are binding precedents

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State Government

Governor: Constitutional Head

Appointment (Article 155):

• Governor appointed by President (at discretion — not on CM’s advice)
• Hold office: During President’s pleasure (usually 5 years)
• Qualifications: No specific constitutional qualification — convention says must not be from the state

Powers of Governor:

1. Legislative Powers:

   • Summons/prorogues state legislature
   • Address state legislature (beginning of session)
   • Dissolve legislative assembly (on CM’s advice)
   • Reserve bills for President’s consideration (if believed anti-national)
   • Promulgate ordinances when legislature not in session

2. Executive Powers:

   • Appoint CM (leader of majority party/coalition)
   • Appoint Council of Ministers (on CM’s advice)
   • Appoint Advocate General (legal advisor to state)
   • Appoint Chairman of State PSC (Public Service Commission)

3. Financial Powers:

   • Annual Budget laid before legislature by Governor
   • Money Bill — Governor certifies (cannot return for reconsideration)
   • Allow or withhold demand for grants

4. Judicial Powers:

   • Grant pardons (State list crimes)
   • Commute death sentences (state crimes)
   • Not: Offences against central laws (President’s power)

5. Discretionary Powers:

   • Article 356: Report to President when state cannot be governed constitutionally
   • Article 200: Reserve bill for President’s consideration (not bound by CM’s advice)
   • Article 163: Can act without CM’s advice in certain situations

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Chief Minister and Council of Ministers

Position (Article 164):

• CM appointed by Governor
• Must have confidence of Assembly (majority)
• Usually leader of majority party

Real Executive:

• CM determines portfolios (who handles what ministry)
• CM chairs Cabinet meetings
• CM advises Governor on all matters

Council of Ministers:

• Appointed by Governor on CM’s advice
• Collective responsibility to Assembly
• Individual minister resigns to CM

State Council of Ministers vs. Union Council:

Feature	Union	State
Head	Prime Minister	Chief Minister
Ceremonial	President	Governor
Legislature	Two Houses (Parliament)	Usually one House
Executive responsibility	To Lok Sabha	To Assembly
Money Bill	President certifies	Governor certifies

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State Legislature

Unicameral: Most states have single house (Legislative Assembly)

• Bicameral: Maharashtra, Bihar, Uttar Pradesh, Karnataka — have Legislative Council (Upper House)

Legislative Assembly:

• Members: 60-500 (varies by state population)
• Term: 5 years (dissolved earlier if government loses majority)
• Leader: Speaker (elected from among members)

Legislative Council:

• Permanent (not dissolved) — 1/3 retire every 2 years
• Members: 1/3 of Assembly strength (minimum 40)
• Not directly elected — by electors (MLCs, MPs, etc.)

Governor’s Role in Law-Making

Procedure for Ordinary Bill:

1. Bill passed by Assembly → Governor gives assent
2. Governor can:
   • Give assent; OR
   • Reserve for President’s consideration (if bill violates federal structure)
3. If reserved → President’s decision (can withhold, return, direct amendments)

Ordinance Power (Article 213):

• Governor can promulgate ordinance when Assembly not in session
• Same limitations as President’s ordinance (Article 123)
• Maximum duration: 6 weeks after reassembly — must be laid before Assembly

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

President’s Rule in States (Article 356)

Grounds

Article 356(1):

“If President is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this Constitution…”

Grounds:

1. Failure of constitutional machinery (state cannot form government)
2. State government refuses to comply with Union directives
3. Political crisis — no majority in Assembly

Procedure:

1. Governor reports to President (written — “satisfaction”)
2. President’s proclamation issued (must be approved by Parliament within 2 months)
3. Parliament approval: By simple majority of both Houses within 6 months
4. Maximum duration: 3 years (after that, election must be held)

Emergency provisions:

• First 6 months: Approved by simple majority
• After 6 months: Need 2/3 majority of both Houses
• After 1 year: Can be extended only if President’s Rule is necessary for specific reasons
• After 3 years: Must hold elections

Landmark Cases

State of Rajasthan v. Union of India (1977):

• Supreme Court laid down “Bommai guidelines” for Article 356
• Guidelines:
  • President’s Rule can be imposed only for Constitutional breakdown, not for political reasons
  • State legislature must be given chance to prove majority
  • Court can examine whether Governor’s report was proper

S. R. Bommai v. Union of India (1994):

• 9-judge bench — established limits on President’s Rule
• Key holdings:
  • Political considerations alone cannot justify Article 356
  • Court can examine President’s satisfaction (not bound by Governor’s report)
  • State government must be given opportunity to respond before imposing President’s Rule
  • Dissolution of Assembly after imposing Article 356 requires parliamentary approval

Important: After Bommai case, Governor must give state government a chance to explain before recommending President’s Rule.

Article 356 vs. Article 365

Article 365: If state fails to comply with Union laws, President can declare state is not complying with Constitution — leads to Article 356 consequences.

Difference:

• Article 356: Direct failure of constitutional machinery
• Article 365: State refuses to follow Union directive (federal structure violation)

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Comparison of High Court and Supreme Court

Feature	Supreme Court	High Court
Constitutional basis	Article 124	Article 214
Judges	34 (1 CJI, 33 judges)	Varies by state
Appointment	President (after CJI consultation)	President (after CJI consultation)
Qualification	5 years as HC judge OR 10 years advocate	10 years advocate OR 10 years judicial office
Removal	Impeachment (2/3 both Houses)	Impeachment (same)
Tenure	65 years	62 years
Original jurisdiction	Between states, Centre-state	Civil/criminal (some states)
Writ jurisdiction	Article 32 (only FR)	Article 226 (any legal right)
Binding	All courts	All state courts
Advisory jurisdiction	Article 143	No
Judicial review	Constitutional matters	Civil, criminal, constitutional

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Important Articles for BPSC

Article	Content
Art. 214	High Court establishment
Art. 217	Appointment of HC judges
Art. 220	Transfer of judges
Art. 226	Writ jurisdiction
Art. 227	Supervisory jurisdiction
Art. 233	District judge appointment
Art. 356	President’s Rule
Art. 365	State non-compliance with Union
Art. 163	Governor’s discretionary powers
Art. 164	CM appointment

Practice Questions (BPSC Pattern)

1. A High Court can issue writs under:

   • (a) Article 32
   • (b) Article 226
   • (c) Article 136
   • (d) Article 142

2. The minimum age for a High Court judge is:

   • (a) 30 years
   • (b) 35 years
   • (c) No minimum specified
   • (d) 40 years

3. The maximum period for President’s Rule in a state is:

   • (a) 1 year
   • (b) 2 years
   • (c) 3 years
   • (d) 5 years

4. Which case established guidelines for imposing President’s Rule?

   • (a) Kesavananda Bharati
   • (b) S.R. Bommai
   • (c) Minerva Mills
   • (d) Maneka Gandhi

Answers: 1(b), 2(c), 3(c), 4(b)

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