CHRISTIAN COLLEGE OF NURSING – NEYYOOR

SEMINAR
ON
INDIAN CONSTITUTION,
INDIAN
ADMINISTRATION
SYSTEM AND HEALTH
CARE DELIVERY
SYSTEM

Submitted By, Submitted On, Submitted To,

Ashmi Shyjil T 17.10.2024 Dr. Femila Darling A

M.Sc (N) II year HOD of Community

Health Nursing

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 INDIAN CONSTITUTION, INDIAN ADMINISTRATION
SYSTEM AND HEALTH CARE DELIVERY SYSTEM
INTRODUCTION

(i) Indian Constitution

The constitution is the fundamental law of a country which reflects the fundamental
principles on which the government of that country is based. It is the vehicle of a nation’s
progress. More particularly, it is concerned with institutional fabric and the framework of the
distribution of powers between the various organs of the government and between the union
and states. The concept of constitution was first originated in U.S.A.

All democratic countries have a constitution that governs them. A constitution puts
down certain principles that form the basis of any kind of a state that we as citizens, desire to
live in. A constitution tells us the fundamental nature of our society. A country is usually made
up of different communities of people who have different beliefs; it will be helpful in fulfilling
the beliefs of different segments of citizens.

(ii) Indian Administration System

India is a federal state with a parliamentary form of government. It is governed under

the 1949 constitution.

(iii) Health care delivery System

Health care services in general are rendered by government through a network of health
centers from the grass root areas to the block level in the rural areas and through hospitals,
dispensaries, maternal child health and family welfare centers in the urban.

TERMINATOGY

Constitution

Constitution is the basic principles and laws of a nation, state, or social group that
determine the powers and duties of the government and guarantee certain rights to the people
in it.

Preamble

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 A preamble is an introductory statement that explains the purpose and intent of a law
or constitution.

Secular

A secular is one that treats all citizens equally, regardless of their religious beliefs, and
does not favour any one religion

Discrimination

Discrimination is the unfair or prejudiced treatment of people based on certain

characteristics, such as their race, age, gender, or religion

Writ

A writ is a formal written order issued by anybody, executive or judicial, authorised to

do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as
a formal written order issued by a Court having authority to issue such an order. Orders,
warrants, directions, summons etc. are all essentially writs. A writ petition is an application
filed before the competent Court requesting it to issue a specific writ.

Sovereignty

Sovereignty is the power to make laws, and to exercise that power without external
interference. It also implies the ability to control a country's people and support itself.

Heritage

Heritage refers to what we acquire from our forefathers and mothers. India is a country
with many different cultures and traditions. Our country is home to people of many castes,
faiths, and creeds. Each ethnic group in our country has its own genesis story, as well as its
own set of traditions and culture.

Autonomy

Autonomy is the authority of a state to independently decide and execute certain

functions as outlined by the Constitution. It implies that the central government does not
interfere in the day-to-day affairs of the states.

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Proclamation

A proclamation is an official declaration of an emergency made by the President of

India.

Cabinet

The Union Council of Ministers, also known as the Union Cabinet, is the highest
executive body of the Government of India. It is the primary decision-making body of the
executive branch and is made up of the heads of the executive government ministries. The
Prime Minister chairs the Union Cabinet.

Tribunal

A tribunal is a quasi-judicial institution that resolves administrative and tax-related

disputes. The Constitution's Part XIV-A, added by the 42nd Amendment Act of 1976, includes
Articles 323A and 323B on tribunals.

Legislative

The legislature in the Indian Constitution is the Parliament of India, which is made up
of the President of India, the Lok Sabha, and the Rajya Sabha. The legislature is the branch of
government that creates laws for the country.

Resolution

A resolution in the is a formal statement that conveys a decision or action taken by the
government, or an expression of the government's opinion.

Welfare

A welfare state is a concept of government in which the state plays a key role in the
protection and promotion of economic and social well-being of its citizens.

Schemes

A scheme is a plan created by a central, state, or district authority to implement a

provision of an act. The government of India regularly announces welfare schemes for various
sections of society. These schemes can be central, state-specific, or a joint collaboration
between the center and the states.

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Agencies

The concept of "agency or instrumentality of the state" in the Indian Constitution was
developed by the Supreme Court of India. The concept includes institutions that are not easily
categorized as part of the state government, Parliament, state legislatures, or local bodies.

(i) INDIAN CONSTITUTION

Definition

A constitution is a set of fundamental principles or established precedents according to

which a state or other organization is governed

The constitution of India is the longest written constitution of any sovereign country in
the world containing 444 articles in parts, 12 schedules and 118 amendments with 117,369
words in its English- language translation.

Objectives

The Indian constitution is set up to ensure equal rights to everyone and to entitle people
with the power to select their leader, practice their religion and choose the work portfolio that
they like. The main objectives of the Indian constitution include

➢ Sovereignty
➢ Socialism
➢ Secularism
➢ Democracy, and
➢ Republic.

Preamble

It consists of the ideals, objectives and basic principles of the constitution. It contains
the essence or summary of the constitution.

The preamble to the Indian constitution is based on the ‘objective resolution’, drafted by Jawaharlal
Nehru, which was adopted by the constituent assembly on January 22, 1947.

It has been amended once by the 42nd constitutional Amendment act of 1976, which
added 3 new words – socialist, secular, and integrity.

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 WE, THE PEOPLE OF INDIA,

having solemnly resolved to constitute India

into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC

REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and

the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of

November, 1949, do HEREBY ADOPT, ENACT AND GIVE

TO OURSELVES THIS CONSTITUTION

The preamble begins with the phrase ‘We, the people of India’. This clearly implies
that the constitution derives its authority from the people of India. Thus, we can say that the
People of India are the source of our constitution.

The Preamble of our constitution states that India is a Sovereign socialist secular
democratic republic. Its aim is to secure all Indian citizens social, economic and political
justice. The constitution guarantees liberty of thought, expression, belief, faith and worship to
all. It gives Equality of status and of opportunity to all. It wants to promote Fraternity among
all Indians.

Salient features of Indian Constitution

1. It is the largest of all the written constitutions of the world.

2. It has borrowed most of its provisions from the constitutions of various countries.

3. It is partly rigid and partly flexible

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 4. It establishes a federal system of government

5. It establishes the parliamentary system not only at the center but also in the states.

6. It makes India as a secular state

7. It provides an independent judiciary

8. It introduces Universal Adult Franchise and accords the right to vote to all citizens
above 18 years of age without any discrimination.

9. It provides single citizenship

10. It makes special provisions for minorities, scheduled casts, Scheduled tribes, etc..,

Making of Indian constitution

1946 - The constitution of India was framed by a constitution assembly setup under the
cabinet mission plan. The assembly consisted of 389 members representing provinces (292),
states (93), the chief commissioner’s provinces and Baluchistan.

The assembly held its first meeting on December 9, 1946. Dr. Sachchidananda Sinha
died. Dr. Rajendra Prasad was elected as the temporary president of the assembly. Similarly,
both H.C. Mukherjee and V.T. Krishnamachari were elected as the vice-president of the
assembly.

The assembly met for 11 sessions along with 166 days of meetings. During the
discussion, 2473 amendments were presented. Some of them were accepted.

The assembly worked through various committees and the draft of the constitution was
prepared by the drafting committee under the chairmanship of Dr. B.R. Ambedkar. He is
recognized as the “Father of the Indian constitution of India.”

After the draft had been discussed by the people, the press, provincial assemblies and
others, the constitution was finally adopted on November 26, 1949, contained a preamble, 22
parts, 395 articles and 8 schedules. The drafted constitution came into force on 26th January
1950. This day is known as the Republic Day. It is being observed every year.

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CITIZENSHIP

The word citizen is derived from the Latin term ‘Civics’. It means resident of a city
state. Citizenship means resident of a city sate. The constitution of India provides for a single
and uniform citizenship for the whole of India. Articles 5 to 11 under Part 2 of the constitution
deals with the citizenship.

Citizenship Act of 1955

The citizenship act of 1955 provides for acquisition and loss of citizenship after the
commencement of the constitution. The act has been amended so far eight times. Originally
the citizenship act (1955) also provided for the common wealth citizenship. But, the provision
was replaced by the citizenship (Amendment) act, 2003.

Acquisition of citizenship

This act prescribes 5 ways of acquiring citizenship, Birth, descent, registration,

naturalization, and incorporation of territory

According to the citizenship act, 1955, the citizenship could be acquired through any
of the following methods.

❖ By Birth

All persons born in India on or After January 26, 1950 are treated as citizens by birth.

❖ By Descent

A person born outside India on or after January 26, 1950 shall be a citizen of India by
descent, if his father is a citizen of India at the time of his birth.

❖ By Registration

A person can acquire citizenship of India by registration with appropriate authority

❖ By Naturalization

A Foreigner’s can acquire Indian citizenship, on application for naturalization to the

government of India.

❖ By Incorporation of Territory

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 In the event of a certain territory being added to the territory of India, the government
of India shall specify the persons of that territory who shall be citizen of India.

Loss of Citizenship

3 ways of losing citizenship they are Renunciation, Termination, and Deprivation

1. It can be voluntarily renounced by a citizen

2. It can be terminated if a person acquires the citizenship of some other country

3. The central government can deprive a naturalized Citizen; if it satisfied that the citizenship
was acquired by fraud.

FUNDAMENTAL RIGHTS

The fundamental rights are enshrined in Part III of the Indian constitution from
Articles 12-35.

Originally, the constitution provided for seven fundamental rights. At present, there are
only six fundamental rights. Fundamental rights are available to all citizens.

Right to constitutional remedies. (Articles 32)

It is the order or command issued by a court in writing under it seal.

a) Right to Equality
b) Right to Freedom
c) Right against Exploitation
d) Right to Religion
e) Right to Cultural and Educational
f) Right to constitutional Remedies.

Right of Property was the 7th Rights but it was deleted from by the 44th Amendment Act, 1978.

Both the Supreme Court and the High Court are empowered to issue five kinds of rights.

a) Habeas Corpus – Safeguards people from illegal arrests.

b) Mandamus – It protects the petitioner who requires legal help to get his work done by
respective public authorities

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 c) Prohibition – It prohibits a sub-ordinate court from acting beyond its Jurisdiction.
d) Certiorari – It quashes an order issued by a subordinate court by overstepping its
Jurisdiction
e) Quo Warrantor – It prevents usurpation of public office through illegal manner.

Suspension of fundamental rights

The president can suspend other fundamental rights through specific orders. These
orders must be applied by the parliament.

PARTS

• Part I- The Union and its Territory – Articles 1 to 4

• Part II – Citizenship – Articles 5 to 11

• Part III – Fundamental Rights – Articles 12 to 35

• Part IV – Directive Principles of State Policy – Articles 36 to 51

• Part IVA – Fundamental Duties – Article 51A

• Part V – The Union – Articles 52 to 151

• Part VI – The States – Articles 152 to 237

• Part VII – States in the B part of the first schedule (repealed) – Article 238

• Part VIII – Union Territories – Articles 239 to 242

• Part IX – Panchayats – Articles 243 to 243(O)

• Part IXA – Municipalities – Articles 243(P) to 243(ZG)

• Part IXB – Co-operative societies– Articles 243(ZH) to 243(ZT)

• Part X – Scheduled and tribal areas – Articles 244 to 244A

• Part XI – Relations between the Union and the States – Articles 245 to 263

• Part XII – Finance, property, contracts and suits – Articles 264 to 300A

• Part XIII – Trade and commerce within India – Articles 301 to 307

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 • Part XIV – Services under the union and states – Articles 308 to 323

• Part XIVA – Tribunals – Articles 323A to 323B

• Part XV – Elections – Articles 324 to 329A

• Part XVI – Special provisions relating to certain classes – Articles 330 to 342

• Part XVII – Languages – Articles 343 to 351

• Part XVIII – Emergency provisions – Articles 352 to 360

• Part XIX – Miscellaneous – Articles 361 to 367

• Part XX – Amendment of the Constitution – Articles 368

• Part XXI – Temporary, transitional and special provisions – Articles 369 to 392

• Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals
– Articles 393 to 395

DIRECTIVE PRINCIPLES OF STATE POLICY

These principles are not enforceable by the courts. But they are fundamental for the
governance of the country. They aim at promoting the social welfare of the people. Dr. B. R.
Ambedkar described these principles as “novel features” of the Indian Constitution.

Classification of DPSP

The constitution does not contain any Classification of directive principles. However,
on the basis of their content and direction, they can be classified into 3 broad categories:

1. Socialistic Principles
2. Gandhi Principles
3. Liberal-intellectual Principles

New DPSP

The Directive Principles of State Policy (DPSP) in the Indian Constitution have been
amended four times, adding new articles and modifying existing ones:

• 42nd Amendment Act of 1976: Added four new articles:

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 o Article 39: Promotes gender equality and women's empowerment

o Article 39A: Promotes equal justice and provides free legal aid to the poor

o Article 43A: Promotes workers' participation in industry management

o Article 48A: Protects and improves the environment, forests, and wildlife

• 44th Amendment Act of 1978: Added Article 38(2) to mandate equal justice and free
legal aid

• 86th Amendment Act of 2002: Modified Article 45 to make basic education a

fundamental right under Article 21A

• 97th Amendment Act of 2011: Added Article 43B to create a new DPSP for
cooperative societies

Features of DPSP

✓ Prevention of concentration of wealth and means of production.

✓ Equal pay for equal work for men and women.
✓ Preservation of the health and strength of workers and children against forcible abuse.
✓ Opportunities for the healthy development of children.

Difference between Fundamental Rights and Directive principles

of state policy

Fundamental Rights Directive principles of state policy

It was derived from the constitution of the It was drawn on the model of the constitution
USA of the Ireland
Even the Government cannot take away or These are mere instruction to the government
abridge these rights
These are enforceable by a court of law These are not enforceable in any court
These have legal Sanctions These have moral and political sanctions
These rights strengthen political democracy in The implementation of the principles ensures
the country social and economic democracy
These are natural rights These lead to protect human rights

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FUNDAMENTAL DUTIES

The fundamental duties in the Indian Constitution are inspired by the constitution of
former USSR. In 1976, the congress party set up the Sardar Swaran Singh Committee to
make recommendations on fundamental duties. The 42nd Amendment Act of 1976 added some
responsibilities of citizens to our constitution called the Fundamental Duties.

The original constitution contained only the fundamental rights and not the fundamental
duties.

List of Fundamental Duties

11 Fundamental Duties of the Citizens

1. To abide by the constitution and respect its ideals and institutions, the National Flag
and National Anthem.
2. To Cherish and follow the noble ideals which inspired the national struggle for freedom
3. To uphold and protect the Sovereignty, Unity, and Integrity of India
4. To defend the country and render national service when called upon to do so
5. To promote Harmony and the spirit of common brotherhood among all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women
6. To value and preserve the rich heritage of our composite culture
7. To protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living Creatures
8. To develop Scientific temper, humanism and the spirit of inquiry and reform
9. To safeguard public property and to abjure violence
10. To Strive towards excellence in all spheres of individual and collective activity, so that
the nation constantly rises to higher levels of endeavour and achievement
11. To provide opportunities for education to his child or ward between the age of six to
fourteen years.

CENTRE – STATE RELATIONS

The constitution of India, being federal in structure, divides all powers between the
Centre and the States. It has been studied under 3 heads.

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 1. Legislative relations
2. Administrative relations
3. Financial relations

1.Legislative relations

The union parliament has the power to legislate for the whole or any part of the territory
of India, which includes not only the States but also the union territories or any other areas for
the time being, included in the territory of India.

3 list namely Union, State and Concurrent list.

The Parliament enjoys the exclusive power to legislate on subjects enumerated in the
Union list. The State legislature has exclusive right to legislate on the State list. Both Parliament
and State legislatures have power to legislate on subjects contained in the concurrent list. But
in case of conflict between the law of the state and Union on a subject in the Concurrent list,
the law of parliament prevails.

2.Administrative relations

The Administrative power of a state extends only to its own territory and with respect
to which it has legislative competence, whereas the Union has exclusive executive power over:

a) The matters with respect to which Parliament has Exclusive power to make laws
b) The exercise of its powers conferred by any treaty or agreement.

3.Financial relations

Financial relations between central and State are empowered by the constitution to
impose various kinds of taxes, and certain taxes are imposed and collected by the center and
divided between center and states based on the recommendations of the finance commission
appointed by the President under Article 280 of the constitution.

Late Prime Minister Indira Gandhi appointed the Sarkaria Commission in 1983 to make
an enquiry into the center-state relations. The central government has implemented 180
recommendations out of 247 of the commission. The most important is the establishment of
the Inter-State Council in 1990.

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OFFICIAL LANGUAGE

Its provisions are divided into four heads namely;

1. Language of the Union

2. Regional Languages
3. Language of the Judiciary
4. Texts of Laws and Special directives

1955 – The first Language Committee was appointed.

1956 – Submitted its report

As a follow up of the report, 1963 – Parliament enacted the official language Act.

The act laid down that even after 15 year, English may continue to be used along with
Hindi for all official purposes of the Union and also for transaction of business in Parliament.
The Constitution also permitted certain regional Languages to be used for intra-state official
transactions. Initially the Constitution recognized 14 regional languages, which were included
in the Eighth schedule. At present 22 languages are recognized.

EMERGENCY PROVISIONS

The central government has been vested with extraordinary powers to deal with
conditions of emergency. Three types of emergencies are envisaged in the constitution:

1. National Emergency
2. State Emergency
3. Financial Emergency

1.National Emergency

India’s Security is threatened due to war, external aggression or armed rebellion, or if

there is an imminent danger or threat. When the national emergency is declared on the ground
of war or external aggression it is known as external emergency. On the other hand, when it is
declared on the ground of armed rebellion it is known as internal emergency. It was declared
three times: 1962, 1971 and 1975.

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2.State Emergency

If the governor reports that a situation has arisen under which he government of a state
cannot be carried on in accordance with the provisions of the constitution. In this kind of
emergency, the states lose much of their autonomy in legislative and executive matters. After
such an announcement state legislature is suspended and the state is governed by the governor
on behalf of the president. For the first time, the president’s rule was imposed in Punjab in
1951.

3.Financial Emergency

In this type of emergency, salaries and allowances of any class of persons serving state
or union, including judges of the Supreme Court and High Court can be reduced by the order
of the president. This type of has not declared in India so far.

AMENDMENT OF THE CONSTITUTION

The term Amendment denotes Change, improvement and modification. Article 368 of
the constitution in parts XX, deals with the powers of parliament to amend the constitution and
its procedure. Usually this term is associated with one or more changes made in the
Constitution of the Country.

Procedure of Amendment

An Amendment of this Constitution may be initiated only by the introduction of a Bill

for the purpose in either house of Parliament, and when the Bill is passed in each house by a
majority of the total membership of that house and by a majority of not less than two-thirds of
the members of that house present and voting, it shall give his assent to the Bill and there upon
the constitution shall stand amended in accordance with the terms of the Bill. The Constitution
Amendment can be brought about only by the parliament. State legislatures cannot initiate for
any Amendment to the Constitution.

Types of Amendments

The Constitution can be Amendment in three ways:

1. Amendment by Simple majority of the Parliament

2. Amendment by Special majority of the Parliament

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 3. Amendment by Special majority of the Parliament and the ratification of half of the
State legislatures.

CONSTITUTIONAL REFORM COMMISSIONS

The National Commission to review the working of the constitution was set up by a
resolution of the Government of India in 2000 headed by M. N. Venkatachaliah. In April 2007,
a three-member commission headed by the former Chief Justice of India M. N. Punchchi was
set up by the Government and their inter-relations.

(ii) INDIAN ADMINISTRATIVE SYSTEM

Introduction

India is a Sovereign Socialist Secular Democratic Republic with a Parliamentary form

of government which is federal in structure with unitary features. There is a Council of
Ministers with the Prime Minster as its head to advice the President who is the constitutional
head of the country. Similarly in states there is a Council of Ministers with the Chief Minister
as its head, who advices the Governor. This section provides insight of Indian governance and
administration at the Central, state as well as local level. Information about the Constitution of
India, Parliament and Legislature, Union administration, state, district and local administration
is given.

It consists of 3 lists,

1. Union list
2. State list
3. Concurrent / local list

Definition

The Indian Administrative System is a complex and hierarchical structure that is

responsible for the governance and administration of the country.

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Evaluation of Indian Administration System

Major historical developments and orders have changed the way the Indian
Administrative Services work. These span Centuries and ages. The Indian Administrative
System has a long and complex history that has evolved over centuries.

1.Ancient Period

The administrative system during ancient times in India was based on a hierarchy of
rulers and officials who governed the people. The Maura Empire (322 BCE - 185 BCE) is
considered one of the first to have a well-organized administrative system with a centralized
government and a bureaucracy that ensured law and order.

2.Medieval Period

During the medieval period, the Indian subcontinent was ruled by various dynasties,
such as the Mughals, Rajput’s, and Marathas. These rulers established their own administrative
systems that were based on their cultural and social practices.

3.British Colonial Period

The British colonial period (1757-1947) in India marked a significant transformation in

the Indian administrative system. The British introduced a centralized administrative system
that was designed to serve their own interests. They divided India into provinces, districts, and
sub-districts, and established a hierarchy of officials to administer these regions.

4.Post-Independence Period

After India gained independence in 1947, a new administrative system was put in place.
The Indian Administrative Service (IAS) was created as a successor to the colonial-era Indian
Civil Service (ICS). The IAS is responsible for the administration of the country's various
government departments and plays a key role in the formulation and implementation of
government policies.

The Indian Administrative System has undergone many changes over the years, but the
principles of good governance, accountability, and transparency remain at the core of the
system. The administrative machinery in India is constantly evolving to meet the changing
needs of the country and its people.

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 Indian Administrative System – 2024

The Indian Administrative System is a federal parliamentary system of government

with unitary features.

The Indian Administrative Service (IAS) is the administrative arm of the all India
Services of the Government of India and is considered the premier civil service of India. The
IAS is part of the permanent bureaucracy of the nation and is politically neutral, guaranteeing
administrative continuity.

The IAS was created under Article 312(2) in part XIV of the Constitution of India and
the All India Services Act, 1951. The Indian administrative system adopted features like the
parliamentary system, judicial system, and rule of law from the British administrative system.

Functions of Indian Administrative System

The Indian administrative system is responsible for the smooth functioning of the
government and delivering public services to the citizens of India. The system has several
functions that are essential to the functioning of the government. Here are some of the
Primary Functions of the Indian Administrative System:

1. Formulation and implementation of policies: The administrative system is

responsible for the formulation and implementation of policies related to governance and
public services.

2. Enforcement of laws: The system enforces laws and regulations set by the government
to maintain law and order and ensure the safety of citizens.

3. Delivery of public services: The administrative system ensures the delivery of various
public services to the citizens of India, such as healthcare, education, and social welfare.

4. Collection of revenue: The system collects revenue through various sources, such as
taxes, to fund the government's activities.

5. Maintenance of records: The system maintains records related to governance and

public services, such as land records, birth and death certificates, and criminal records.

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6. Implementation of government schemes: The system implements various
government schemes to benefit the citizens of India, such as poverty alleviation schemes and
employment generation schemes.

7. Promotion of economic development: The system plays a vital role in promoting

economic development in the country by attracting investments and creating a favourable
business environment.

8. Disaster management: The administrative system is responsible for disaster

management and providing relief and rehabilitation in the event of natural disasters or
emergencies.

These are some of the functions of the Indian Administrative System, and the system is
essential for the smooth functioning of the government and the development of the country.

Features of Indian Administrative System

The Indian Administrative System is a complex and diverse system that has evolved over the
years. Here are some of the key features of the Indian Administrative System:

1. Bureaucracy: The Indian Administrative System is largely based on a bureaucratic

structure, with various levels of officials and administrators responsible for carrying out
government policies and programs.

2. Federalism: India is a federal country, with a central government and state

governments. The Indian Administrative System reflects this federal structure, with
administrative responsibilities divided between the central and state governments.

3. IAS and other Civil Services: The Indian Administrative System is largely run by the
Indian Administrative Service (IAS) and other civil services like the Indian Police Service
(IPS), Indian Revenue Service (IRS), and Indian Foreign Service (IFS). These services are
responsible for implementing policies, providing services, and ensuring law and order.

4. Hierarchy and Centralization: The Indian Administrative System is highly

centralized and hierarchical, with decisions made at the top and implemented at lower levels.
This can sometimes lead to delays and inefficiencies.

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5. Accountability and Oversight: The Indian Administrative System also has
mechanisms for accountability and oversight, including the Central Vigilance Commission, the
Comptroller and Auditor General (CAG), and the Local and Localities.

6. Political influence: The Indian Administrative System is often subject to political

influence, with political parties and leaders often influencing appointments and decision-
making.

7. Bureaucratic red tape: The Indian Administrative System is often criticized for its
bureaucratic red tape, which can lead to delays and corruption.

8. Lack of diversity: The Indian Administrative System is often criticized for its lack of
diversity, with a disproportionate number of officials coming from certain backgrounds and
regions. Efforts are being made to address this issue through affirmative action policies.

Issues in Indian Administrative System

There are several issues in the Indian administrative system, some of which include:

1. Corruption: Corruption is a major issue in the Indian administrative system. Many officials
use their positions of power to engage in corrupt activities such as taking bribes and embezzling
funds.

2. Political interference: The administrative system in India is often subject to political

interference, which can compromise its effectiveness and impartiality.

3. Lack of accountability: There is often a lack of accountability in the Indian administrative

system, which can lead to officials not being held responsible for their actions.

4. Bureaucratic red tape: The bureaucratic process in India can be slow and cumbersome,
leading to delays and inefficiencies in the system.

5. Inadequate training and resources: Many officials in the Indian administrative system
lack adequate training and resources, which can hamper their ability to effectively carry out
their duties.

6. Caste and gender bias: Caste and gender bias continue to be pervasive in the Indian
administrative system, leading to discrimination against certain groups of people.

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7. Political appointments: Many administrative positions in India are filled through
political appointments rather than merit-based selection, leading to a lack of qualified
individuals in important positions.

8. Inadequate communication: Communication between different levels of the

administrative system in India can be poor, leading to misunderstandings and delays.

9. Lack of transparency: There is often a lack of transparency in the Indian

administrative system, which can lead to suspicion and mistrust among the public.

10. Overlapping responsibilities: There can be overlapping responsibilities between

different levels of the administrative system, leading to confusion and inefficiencies.

Reform Committees in Indian Administrative System

There have been several committees formed in India to suggest reforms in the
administrative system. Some of the important ones are:

1. Second Administrative Reforms Commission (2005-2009): This commission was set up

to examine and suggest measures to improve the efficiency and effectiveness of the
administrative system in India. The commission submitted 15 reports on various aspects of the
system, including public services, ethics, local governance, and e-governance.

2. Sarkaria Commission (1983-1987): The Sarkaria Commission was set up to examine the
relationship between the Centre and the States in India. The commission submitted a report
containing recommendations on various aspects of Centre-State relations, including the
appointment of Governors, use of Article 356, and distribution of powers.

3. Administrative Reforms Commission (1966-1971): The Administrative Reforms

Commission was set up to suggest measures to improve the efficiency and effectiveness of the
administrative system in India. The commission submitted eight reports on various aspects of
the system, including personnel management, financial administration, and district
administration.

4. National Commission to Review the Working of the Constitution (2000-2002): The

National Commission to Review the Working of the Constitution was set up to examine the
functioning of the Constitution of India and suggest measures to make it more responsive to

22
the changing needs of society. The commission submitted a report containing several
recommendations for reform.

5. Justice Verna Committee (2012-2013): The Justice Verna suggests measures to improve
the safety and security of women in India. The committee submitted a report containing several
recommendations for reform, including amendments to the criminal law and police reforms.

These committees have made important recommendations for reforming the administrative
system in India. However, the implementation of these recommendations has been slow and
uneven, and much work remains to be done to make the administrative system more efficient,
effective, and accountable.

Split System in Indian Administration

The split system in Indian administration refers to the division of executive powers
between the central and state governments. The Indian Constitution has established a federal
system of government where both the central and state governments have their own areas of
authority and responsibilities. The central government is responsible for matters of national
importance, such as defence, foreign affairs, currency, and communications. On the other hand,
state governments have jurisdiction over matters related to their respective states, such as law
and order, agriculture, education, and health. This split system is reflected in the administrative
structure of India.

The central government has a vast bureaucracy, which includes various ministries and
departments, such as the Ministry of Finance, Ministry of External Affairs, and Ministry of
Home Affairs. Each state also has its own administrative structure, with a Chief Minister as the
head of the state government and various departments and agencies responsible for the state's
governance. The split system in Indian administration ensures a distribution of power between
the central and state governments and allows for the efficient delivery of public services and
governance at both levels. However, it can also lead to issues of coordination and cooperation
between the two levels of government, which require effective communication and
collaboration to resolve.

23
Indian Administrative System – Structure of Central/ Union Government

The Indian Administrative System is a complex and hierarchical structure that is responsible
for the governance and administration of the country. Here's an overview of the structure and
workings of the system:

1. The President: The President of India is the head of the state and the supreme
commander of the armed forces. The President is elected by an electoral college consisting of
members of parliament and state legislators.

2. The Prime Minister: The Prime Minister is the head of the government and the leader
of the ruling party or coalition. The Prime Minister is appointed by the President and is
responsible for the overall functioning of the government.

3. The Council of Ministers: The Council of Ministers is appointed by the President on

the advice of the Prime Minister. The Council of Ministers consists of cabinet

CENTRAL GOVERNMENT

The Central Government is the supreme government in our country. The head quarter
of the Central Government is at New Delhi. Articles 52 to 78 in part V of Indian Constitution
deals with the Union Executive. Our Constitution provides for a democratic form of
government. The makers of the Indian constitution, by giving due recognition to the vastness
and plural character of our nation, have provided a federal arrangement for her governance.
The Central Government consists of three organs, namely, Union Executive, Legislature and
Judiciary.

The Union Executive consists of the President of India, the Vice-President, and the
Council of Ministers headed by the Prime Minister, and Learning Objectives „ To know the
powers of the President and Vice President „ To Know the about the Prime Minister and the
Attorney General of India. The Legislature is known as the Parliament. It consists of two
houses, namely the Rajya Sabha and the Lok Sabha. The Union Judiciary consists of the
Supreme Court of India.

24
 Central Government

Executive Legislature Judiciary

President of India Parliament

Vice-President
Lok Sabha
Rajya sabha
Prime -Minister

Council of Ministers 238 543 12

12
elected by elected nominated
nominated
the State by the by the
by the
assemblies people President
president

Supreme court of
India

Chief Justice of India

Other Judges 27

The President of India

In the scheme of parliamentary system of government provided by the constitution, the

President is the nominal executive authority. The chief executive of the Indian union is the
President. He is designated as the First citizen of India. He is the supreme commander of the
armed forces. The President is also the Constitutional head of the Union Executive. He is also
responsible for constituting the judiciary. According to Article 53 of the constitution, the

25
executive power of the Union shall be vested in the President which shall be exercised by him
directly or through officers subordinate to him in accordance with Constitution.

Qualification for the election as President The constitution lays down qualifications for a
Presidential candidate.

1. He should be a citizen of India.

2. He must have completed the age of thirty-five years.

3. He must not hold any office of profit under the Union, State or local Government.

4. He should have the other qualifications required to become a member of the Lok
Sabha.

5. His or her name should be proposed by at least ten electors and seconded by another
ten electors of the Electoral College which elects the President. The President cannot be a
Member of Parliament or of a State Legislature; if he is a member of any legislature, his seat
will be deemed to have been vacated on the date he / she assumes the office of President.

Election of the President

The President is elected by an electoral college in accordance with the system of

proportional representation by means of single transferable vote. The Electoral College consists
of the elected members of both houses of Parliament and the elected members of the states and
elected members of National Capital Territory of Delhi and Pondicherry. Once elected as the
President has to take an oath of office before the Chief Justice of India. The President is elected
for a term of five years and can be re-elected.

Powers of the President

The powers and functions of the President of India can be broadly classified under the
following categories. Executive Powers The constitution vests in the President of India all the
executive powers of the Central Government. Article 77 requires that every executive action
of the Union shall be taken in the name of the President. So he has to make many appointments
to key-offices to run the administration. He appoints the Prime Minister and the other members
of the Council of Ministers, distributing portfolios to them on the advice of the Prime Minister.
He is responsible for making a wide variety of appointments. These include the appointment

26
of Governors of States, the Chief Justice and other Judges of the Supreme Court and high
Courts, the Attorney General, the Comptroller and Auditor General, the Chief Election
Commissioner and other Election Commissioners the Chairman and other Members of the
Union Public Service Commission Ambassadors and High Commissioners to other countries.
He appoints a commission to investigate into the conditions of SCs, STs and other backward
classes. He is the supreme commander of the defence forces of India; in this capacity the
President can appoint Army, Navy, and Air Chiefs.

1.Legislative Powers

The President is an integral part of the Union Parliament. He inaugurates the session
of the Parliament by addressing it after the general election and also at the beginning of the
first session each year. This address is essentially identical in nature to a Speech from the
Throne. The President summons Parliament at least twice in a year. He may send messages
to either House of the Parliament with respect to a bill pending in the House. All bills passed
by the Parliament become only after getting assent of the President. Money bills cannot be
introduced in the Parliament without his approval. President terminates the sessions of both or
any of the Houses of Parliament. He can even dissolve the Lok Sabha before the expiry of the
term of the House.

He nominates 12 persons who are eminent in literature, science, sports, art and social
service to the Rajya Sabha. He can also nominate two persons belonging to Anglo-Indian
Community to the Lok Sabha, if in his opinion, that community is inadequately represented in
the House.

2.Financial Power

Money bill can be introduced in the Parliament only with his prior recommendation.
Annual Budget of the Central Government is presented before the Lok Sabha by the Union
Finance Minister only with the permission of the President. He causes to be laid before the
Parliament the annual financial statement (the Union Budget). The Constitution of India places
the Contingency Fund of India is at the disposal of the President. No demand for a grant can
be made except on his recommendation. He can make advances out of the contingency fund
of India to meet any unexpected expenditure. He constitutes a finance commission after every
five years or on the demand of the states to recommend the distribution of revenues between
the Centre and the States.

27
3.Judicial Powers

Article 72 confers on the President power to grant pardons, reprieves, respites or

remissions of punishment, or to commute the sentence of any person convicted of an offence.
In all cases where the punishment or sentence is by a court martial; in all cases where the
punishment or sentence is for and offence against a Union law; and in all cases where the
sentence is a sentence of death. The President is not answerable to any court of law for exercise
of his/she power (however He can be subjected to impeachment by the Parliament).

4.Military Powers

Article 53(2) lays down that “the supreme command of the Defence Force of the Union
shall be vested in the President and the exercise thereof shall be regulated by law”. The
President is thus declared to be the Supreme Commander of the defence Force of the country.
In the exercise of this power, it is the President, who can declare war against a country and
make peace. Diplomatic Powers the President appoints Indian diplomats to other countries and
receives foreign diplomats posted to India. The ambassador designate becomes ambassador
after calling on the President and presenting his credentials. All treaties and agreements with
foreign States are entered into, in the name of the President. Emergency Powers

The President has been empowered by the Constitution to proclaim Emergency. They
are follows: Article 352 confers power on the President to make a proclamation of Emergency
on the grounds of war, external aggression, or armed rebellion. This is known as National
Emergency. Article 356 confers power on the President to make a proclamation of State
Emergency by declaring that the Government in a State cannot be run on in accordance of the
provisions of the Constitution. Under Article 360, the President is vested with the power to
proclaim Financial Emergency, if he is satisfied that the financial stability or, the credit of India
or any part of India is threatened, by any reason.

Removal of the President

The President shall hold office for a term of five years from the date on which He enters
the office. The President may by writing under his hand addressed to the Vice-President, resign
his office. The President may, for violation of the Constitution, be removed from office by
impeachment in the manner provided in Article 61; The Impeachment action can be brought
about in the form of resolution in either house of the Parliament. It must be supported by not

28
less than One Fourth of the total strength of the House for its introduction. The President shall,
in spite of the conclusion of his term, continue to hold office until his successor enters upon
his office.

Privileges of the President

According to Article 361(1) the President, or the Governor of a state, shall not be
answerable to any court for the exercise and performance of the powers and duties of his office
or for any act done or purporting to be done by him in the exercise and performance of those
powers and duties.

The administrative system during ancient times in India was based on a hierarchy of rulers and
officials who governed the people. The Maura Empire (322 BCE - 185 BCE) is considered one
of the first to have a well-organized administrative system with a centralized government and
a bureaucracy that ensured law and order

List of Presidents of India

1. Thiru. Rajendra Prasad 1950 to 1962

2. Thiru. Sarvepalli Radhakrishnan 1962 to 1967

3. Thiru. Zakir Hussain 1967 to 1969

4. Thiru. V.V Giri 1969 to 1974

5. Thiru. Fakhruddin Ali Ahmed 1974 to 1977

6. Thiru. Neelam Sanjiva Reddy 1977 to 1982

7. Thiru. Giani Zail Singh 1982 to 1987

8. Thiru. R Venkataraman 1987 to 1992

9. Thiru. Shankar Dayal Sharma 1992 to 1997

10. Thiru. K R Narayanan 1997 to 2002

11. Thiru. APJ Abdul Kalam 2002 to 2007

12. Tmt. Pratibha Patil 2007 to 2012

29
 13. Thiru. Pranab Mukherjee 2012 to 2017

14. Thiru. Ram Nath Kovind 2017 to 2022

15. Tmt. Draupadi Murmu 2022- till now

Vice-President

The vice-President occupies the second highest office in the country. He is accorded a
rank next to the President in the official warrant of precedence. This office is model on the
lines of the American Vice-President. Article 63 of the constitution provides for a Vice
President of India. This office has been created to maintain the political continuity of the state.

Qualification for the election as Vice President

The constitution lays down qualifications for a Vice-Presidential candidate.

1. He should be a citizen of India.

2. He must have completed the age of thirty-five years.

3. He must not hold any office of profit under the Union, State or local Government. 4.
He should have the other qualifications required to become a member of the Rajya
Sabha.

Election and term of the Vice-President

Article 66(1) the Vice President, like the president, is elected not directly by the people
but the method of indirect election. He is elected by the members of an electoral college
consisting of the member of both Houses of Parliament. The term of office of the Vice
President is five years. His office may terminate earlier than the fixed term either by
resignation, death or by removal. He is eligible for re-election. The Constitution does not
provide a mechanism of succession to the office of the Vice – President. Under such
circumstances, election to the Vice President shall be held early as possible. Till then deputy
chairman of the Rajya Sabha can perform the duties of the chairman of the Rajya sabha

Removal of the Vice President

The Vice President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the council and agreed to by the House

30
of the People. A resolution for this purpose may be moved only after a notice of at least a
minimum of 14 days has been given of such an intention.

Functions of the Vice President

The Vice-President is Ex-Officio Chairman of the Rajya Sabha. As the Chairman of the House,
he carries out several functions.

1. He regulates the proceeding of the House.

2. He decides the order of the House.
3. He decides the admissibility of a resolution or questions.
4. He suspends or adjourns the House in case of a grave disorder.
5. He issues directions to various committees on matters relating to their functions.
6. When the President is unable to discharge his duties due to illness or absence from the
country, he attends to the functions of the President. When the President is unable to
do so due to sickness or when the post of President becomes vacant due to resignation,
death, or removal by impeachment etc. the Vice-President can act as the President for
a maximum period of six months.

Prime Minister

Article 74 (1) says: There shall be a council of ministers with the Prime Minster as the
head to aid and advice the President. He may direct the council to reconsider their advice, but
is bound by the advice given after reconsideration. The post of Prime Minister of India has
adopted the Westminster (England) model of constitutional democracy. The leader of the
majority party in Lok Sabha is appointed by the President as the Prime Minister. The other
ministers are appointed by the President on the advice of the Prime Minister. If no party
commands absolute majority in the Lok Sabha, the President can summon the leader of any
party who, in his opinion, can manage to form a ministry. The President administers to the
ministers the oath of office and of secrecy. The salaries and allowances of the Prime Minister
and the ministers are determined by the Parliament. A person who is not a member of the
Parliament can be appointed as a minister but he has to get himself elected to the Parliament
within six months. Ministers are individually as well as collectively responsible to the Lok
Sabha.

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List of Prime Ministers of India

1. Thiru. Jawaharlal Nehru 1947–64

2. Thiru. Lal Bahadur Shastri 1964–66

3. Tmt. Indira Gandhi 1966–77

4. Thiru. Morarji Desai 1977–79

5. Thiru. Charan Singh 1979–80

6. Tmt. Indira Gandhi 1980–84

7. Thiru. Rajiv Gandhi 1984–89

8. Thiru. V.P. Singh 1989–90

9. Thiru. Chandra Shekhar 1990–91

10. Thiru. P.V. Narasimha Rao 1991–96

11. Thiru. Atal Bihari Vajpayee May 1996

12. Thiru. D. Deve Gowda 1996–97

13. Thiru. I.K. Gujral 1997–98

14. Thiru. Atal Bihari Vajpayee 1998–2004

15. Thiru. Manmohan Singh 2004–14

16. Thiru. Narendra Modi 2014–till now

Duties and functions of Prime Minister

Article 78 mentioned the duties of the Prime Minister:

1. The Prime Minister decides the rank of his ministers and distributes various
departments.

2. The Prime Minister decides the dates and the agenda of the meeting of the Cabinet
which he presides.

32
 3. The Prime Minister is the Head of the Cabinet and the other ministers are his
colleagues.

4. The Prime Minister informally consults two or three of his senior colleagues when
he does not convene a Cabinet meeting.

5. The Prime Minister supervises the work of various ministers.

6. To converse to the President all decisions of the Council of Ministers connecting to

the government of the affairs of the Union and proposals for legislation.

7. The Prime Minister act as the link between the President and the Council of
Ministers.

8. The Prime Minister is the leader of the nation and chief spokesperson of the country.

9. As the leader of the nation, the Prime Minister represents our nation at all
international conferences like the commonwealth, summit of the nonaligned nations and
SAARC nations.

Council of Ministers

After the elections, the President of India, on the advice of the Prime Minister, appoints
the council of ministers. Sometimes a non – member of the Parliament too may be appointed.
However, he must get elected to either of the Houses of the Parliament within a period of six
months. The Constitution of India restricts the number of the Council of Ministers including
the Prime Minister to fifteen per cent of the total members of the Lok Sabha.

Categories of the Ministers

The ministers are classified under three ranks:

(i) Cabinet Ministers

(ii) Ministers of State

(iii) Deputy Ministers.

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 (i) Cabinet Ministers:

The Cabinet is an informal body of senior ministers who form the nucleus of
administration. Important decisions of the government are taken by the Cabinet, such as
defence, finance, external affairs and home. The Cabinet recommends to the President to
promulgate an ordinance. It is instrumental in moving Amendments to the Constitution. The
Finance bills have their origin in the Cabinet and then they are introduced in the Lok Sabha
with the Presidents recommendations. The Cabinet decides the foreign policy of the
Government approves international treaties and plays a significant role in the appointment of
Ambassadors to various countries.

(ii) Ministers of State

These ministers belong to the second category of ministers in the council. They are also
in charge of ministries or departments but they do not participate in the meetings of the cabinet
unless invited to do so.

(iii) Deputy Ministers

They are the lowest ranked ministers in the cabinet. They assist either the Ministers of
Cabinet or State in the performance of the duties entrusted to them.

Parliament of India

The parliament is the legislative organ of the Union government. Article 79 to 122 in
part V of the constitution deal with the organization, composition, duration, officers,
procedures, privileges, powers and so on of the Parliament. The Parliament of India consists of
three parts they are the President, Rajya Sabha (the council of States) and Lok Sabha (the House
of the People). The Rajya Sabha is the Upper House and the Lok Sabha is the Lower House it
is termed as bicameral legislature.

Rajya Sabha

The council of State or Rajya Sabha consists of 250 members out of whom 238
represent the states and the Union Territories, elected by the method of indirect election.

34
 The 12nominated members shall be chosen by the President from amongst persons
having ‘special knowledge or practical experience in the field of literature, science, sports, art
and social service.

Qualification of the Members

A person seeking membership of Rajya Sabha must possess the following qualifications

1. He should be a citizen of India.

2. He should not be less than 30 years of age.

3. He should not hold any office of profit under any Government.

4. He should be a person with sound mind and monetarily solvent.

5. He should have such other qualification as may be approved by the Parliament for that reason
from time to time.

6. He should not be the member of Lok Sabha or any other legislature.

Term of House

The Rajya Sabha is a permanent house and it cannot be dissolved. The members of the
Rajya Sabha are elected for a term of six years. One third of the members of Rajya Sabha retire
every two years, and new members are elected to fill the seats thus vacated. The Vice President
of India is the Ex-officio Chairperson of the Rajya Sabha. The Deputy Chairperson of the
Rajya Sabha is elected by the members of the Rajya Sabha.

Election

Members of Rajya Sabha are elected by the elected members of the ‘State Legislative
Assemblies’ in accordance with the system of proportional representation by means of the
single transferable vote. This process of election is called “indirect election” as they are not
elected by the people directly.

Functions of the Rajya Sabha

1. Any bill (except the money bills) needs to be approved by Rajya Sabha to get passed.
If the bill gets stuck for more than six months then President calls for a joint session of
both the houses to resolve the deadlock.

35
 2. It has the same power as Lok Sabha, for passing any bill for constitutional amendment.
3. The members of Rajya Sabha have the electoral power for selection of President, Vice
President. Together with the members of Lok Sabha and all the State Legislative
Assemblies they elect the President and Vice President.
4. It has power in the impeachment procedure of president and judges of Supreme Court
and high court.
5. Rajya Sabha has the power to make a state list subject into National Importance. If two
third majority of the members of Rajya Sabha passes a resolution to support it. Rajya
Sabha can also create or abolish an All India Service. If majority of members (2/3 of
Total Members) supports it.

Lok Sabha

The Lok Sabha is the popular house of the Indian Parliament and contains elected
representatives of the people. Maximum number of members can be elected for Lok Sabha is
552. The Lok Sabha as of today has 543 elected members. Out of these, 530 members are
elected from different states and 13 members from the Union Territories. The President
generally nominates two members belonging to the Anglo-Indian community. At present, the
Lok Sabha consists of 545 members.

Qualification of the Members

1. He should be a citizen of India.

2. He should not be less than 25 years of age.
3. He should have his name in electoral rolls in some part of the country.
4. He should not hold any office of profit under the Union or State Government.
5. He should be mentally sound and economically solvent.

Term of the House

Generally the Lok Sabha enjoys a term of five years from the date of its first session. It can
be dissolved by the President before the expiry of its term on the advice of the Prime Minister.
The emergency provisions of the Constitution enable the President to prorogue or dissolve the
Lok Sabha either on the advice of the Prime Minister or on being convinced that no party or
no alliance of parties enjoys necessary majority support in the House.

36
Election

The members of the Lok Sabha are directly elected by the people of the constituencies
created on the basis of population. The Election Commission of India arranges, supervises and
conducts elections to the Lok Sabha. For sake of elections to Lok Sabha the entire nation is
divided into number of constituencies which are formed more or less on the basis of the
population. “Universal Adult Franchise” is followed while electing the members of the Lok
Sabha.

All Indian Citizens above 18 years of age who are registered as voters will vote for their
representatives.

Functions of the Lok Sabha

1. Any bill can be introduced and passed in the Lok Sabha (Including Money Bill).
2. It has the same power as Rajya Sabha to participate in case of impeachment of president
and the judges of Supreme Court.
3. It has equal power as Rajya Sabha in passing any bill for constitutional amendment.
4. Lok Sabha members have the power to elect the president, vice president.
5. Motion of no confidence can only be introduced in Lok Sabha. If it is passed then the
prime minister and other council of ministers need to resign from their post.

The Speaker

The Lok Sabha is presided over by the ‘speaker’ who is elected by its members. The office
of the Speaker occupies an essential position in our Parliamentary democracy. The Speaker
continues to be in the office even in the houses dissolved, till a new Speaker is elected by the
new Lok Sabha. The Speaker presides over a joint sitting of the two Houses of Parliament. He
has the power to decide whether a Bill is Money Bill or an ordinary one. The decision of the
Speaker on whether a Bill is Money Bill is final. Under the anti-defection of 1985, the speaker
is empowered to decide whether a member of the Lok Sabha is disqualified or not on the basis
of the 10th schedule of the constitution. While the office of speaker is vacant or the speaker is
absent from the sitting of the house, the deputy speaker presides, except when a resolution for
his own removal is under consideration.

37
Powers and Functions of the Parliament

1. The Parliament of India has the functions of Legislation, overseeing of administration,

passing of Budget, ventilation of public grievances, discussion of various subjects like
development plans, international relations and internal policies.
2. Parliament is also vested with powers to impeach the President and to remove Judges
of the Supreme Court and High Courts, Chief Election Commissioner and Comptroller
and Auditor-General of India in accordance with the procedure laid down in the
Constitution.
3. The Parliament exercises control over the executive through asking questions and
supplementary questions, moving motions of adjournment, discussing and passing
resolutions, discussing and pushing censure motion or vote of no-confidence.
4. The Parliament has the power to change the boundaries of the States.

Attorney General of India

The Constitution (Article 76) has provided for office of the Attorney General
for India. He is the highest law officer in the country. He is appointed by the President. He
must be a person who is qualified to be appointed the Judge of the Supreme Court. In other
words, he must be a citizen of India and he must have been a judge of some High Court for
five years or an advocate of some High Court for 10 years or eminent jurist, in the opinion of
the President. He holds office during the pleasure of the President. This means that he may be
removed by the President at any time. He may also quit his office by submitting his resignation
to the President.

Duties and Functions of Attorney General of India

1. To give advice to the Government of India upon such legal matters which are referred
to him by The President.
2. To perform such other duties of a legal character that are assigned to him by the
President and discharge the functions conferred on him by the constitution are any other
law. In the performance of his official duties, Attorney General of India has the right of
audience in all courts in the territory of India.
3. Further he has the right to speak and to take part in the proceedings of both Houses of
the Parliament or their joint sitting and any committee of the Parliament of which he
may be named a member, but without a right to vote.

38
 4. He enjoys all the privileges and immunities that are available to a Member of
Parliament.

Judiciary

Judiciary is the third organ of the government. It plays a vital role in protecting
the rights and freedom of the citizens. It also plays an important role in analysing and
interpreting the provisions of laws and the Constitution.

Supreme Court

The “Supreme Court is the Guardian of the Constitution”. Our constitution provides
for the establishment of an independent and integrated judiciary with ‘supreme court’ as the
uppermost court in the country. Our judiciary is autonomous of the Legislative and Executive
wing of the Union and State Government. An integrated judiciary means a single judicial
hierarchy for the whole country. The judiciary plays an important role in defensive the rights
and freedom of the citizens. It plays an important role in analysing and interpreting the
necessities of laws and the constitution.

Composition of the Supreme Court

At the commencement of the constitution in 1950 our supreme court consisted of 8 judges
including the chief justice. At present, the Supreme Court consists of 28 judges including the
chief justice.

Appointment of Judges

The Chief Justice of Supreme Court in India is appointed by the President of India. The
other judges are appointed by the President in consultation with the collegiums with Chief
Justice Head.

Qualification of Supreme Court Judges

1. He must be a citizen of India.

2. He should have worked as a Judge of a High Court for at least 5 years.
3. He should have worked as an advocate of High Court for at least 10 years.
4. He is in the opinion of the President, a distinguished Jurist.

39
 5. The constitution also provides for the appointment of judges to the Supreme Court on
an ad-hoc (temporary) basis.
6. The Chief Justice and other judges of the Supreme Court hold the office up to the age
of 65 years.
7. The judges of the Supreme Court can resign before their term by giving their resignation
in writing to the President.
8. The Parliament also has power to remove the Judges by invoking impeachment
provisions. The Supreme Court has its permanent seat in “New Delhi”. It may also sit
any other place in India which may be decided by the Chief Justice of India with the
approval of the President of India.

Powers and Functions of the Supreme Court

(a) Judicial Functions The “Supreme Court is the Guardian of the Constitution”. The followings
are the functions of the Supreme Court.

(b) Original Jurisdiction The cases which are brought directly in the first instance to the
Supreme Court come under original jurisdiction.

These may be

1. Dispute between the Government of India and one or more States

2. Dispute between two or more states
3. The cases involving fundamental rights (dispute over the enforcement) come under the
jurisdiction of the Supreme Court. The writs issued by the Supreme Court for the
enforcement of the fundamental rights are,
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Certiorari
(e)Quo Warranto.

(c) Appellate Jurisdiction

The Supreme Court is the final appellate court in the country. As regard the Appellate
jurisdiction, the Supreme Court hears appeals against the decisions of High Court in “civil,
criminal and Constitutional” cases with a certificate from the High Court that it is fit to appeal
40
in the Supreme Court. Such a case can be brought before the Supreme Court only if the High
Court certifies that the case invites a substantial of law as to the interpretation of the
Constitution.

(d) Advisory Jurisdiction

The Constitution confers on the President the power to refer to the Supreme Court any question of law
or fact which in his opinion is of public importance.

(e) Miscellaneous Jurisdiction

The Supreme Court is The law declared by Supreme Court is binding on all courts within the
territory of India. The Supreme Court is authorized to make rules for regulating, generally the practice
and procedure of the court with the approval of the President. The Supreme Court has complete control
over its own establishment.

(f) Judicial Review

The power of the judiciary to declare a law as unconstitutional is known as “Judicial Review”. The
Supreme Court enjoys this power. The Supreme Court of India has Individual Review Power with
regard to

1. Dispute between the Centre and the State

2. To interpret and clarify a provision of the constitution about which there are some doubts and
differences of opinion.
3. Protecting the fundamental rights,
4. Those laws passed by the legislatures which are not in accordance with the Constitution.

STATE LEVEL

The Constitution of India envisages for a federal government, having separate

systems of administration for the union and the states. There are 29 states, 6 union territories
and one national capital territory known as Delhi in India. The constitution contains provisions
for the governance of both the union and the states. It lays down a uniform structure for the
State Government, in part VI of the constitution from Article 152 to 237, which is applicable
to all the states, save only the state of Jammu and Kashmir which has a separate constitution
for its government under Article 370. The structure of the State Government, as formed in the
Centre, consists of three branches. These are the Executive, the Legislature and the Judiciary.

41
 State level

Executive Legislative Judiciary

Governor
High Court

Legislative Legislative
council Assembly
Chief Minister (Upper House) (Lower House)
District Court

Council of Ministers

Other Court

A. Legislative Powers

1. The Governor is an integral part of the state legislature. But, he is not a member
in the either house of the legislature. In this capacity, he enjoys the following
legislative powers and functions:
2. He has the right to summon, prorogue the state and dissolve the State Legislative
Assembly.
3. He can address the state legislature at the commencement of the first session
after each general election and the first session of each year.
4. He can send messages to the houses of the state legislature relating to a bill
pending in the legislature.
5. He can appoint any member of the Legislative Assembly to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker fall
vacant.
6. He can nominate one member to the state legislature assembly from the Anglo-
Indian Community.

42
 7. He nominates 1/6 of the members of the State Legislative Council from amongst
the persons having special knowledge or practical experience in literature,
science, art, cooperative movement and social service.
8. He decides on the question of disqualification of members of the state
legislature in consultation with the Election Commission.
9. Every bill passed by the state legislature will become law only after his
signature. But, when a bill is sent to the Governor after it is passed by the
legislature, he has the options to give his assent to the bill or withhold his assent
to the bill or return the bill for the reconsideration of the legislature.
10. He has to reserve any bill passed by the state legislature which endangers the
position of the state High Court, for the consideration of the President. He can
promulgate ordinances when the state legislature is not in session under Article
213. But, these ordinances must be approved by the legislature within six
months. He can also withdraw an ordinance at any time.
11. He has to lay the annual reports of the State Finance Commission, the State
Public Service Commission and the Comptroller and Auditor General relating
to the accounts of the state, before the state legislature.

B. Financial Powers

1. The Constitution confers on the Governor, the duty to get prepared and
introduced to the State Legislature, the annual budget and also the
supplementary budgets, if necessary.
2. He causes the Annual Financial Statement (Budget) of the State to be presented
in the Legislative Assembly.
3. He presents through the Minister of Finance of the State the Supplementary
Budget of the State to the Legislative Assembly if there be such a need.
4. Money Bills can be introduced in the State Legislature only with his the prior
recommendation.
5. No demand for any grant can be made except on his recommendation.
6. He can make advances out of the state Contingency Fund to meet any
unforeseen expenditure. „„
7. He constitutes a Finance Commission after every five years to review the
financial position of the panchayats and the municipalities.

43
 C. Judicial Powers

1. He appoints the Attorney-General of the State.

2. He appoints Judges to the Subordinate Courts in the State.
3. He makes appointment, postings and promotions of the District Judges in
consultation with the State High Court.
4. The Chief Justice of the High Court in the State is appointed by the President in
consultation with him.
5. He can pardon, commute or reprieve punishment on receipt of appeals for
mercy.

D. Discretionary Powers

1. The Governor can reserve a bill for the consideration of the president.
2. He recommends for the imposition of the President’s rule in the state.
3. He seeks information from the Chief Minister relating to the administrative
and legislative matters of the state.
4. He can call the leader of any party to form ministry in the state when there is
no clear-cut majority to any party in the Legislative Assembly after the general
elections.
5. He can dismiss the Council of Ministers when it is unable to prove the
confidence of the Legislative Assembly.
6. He can dissolve the Legislative Assembly if the Council of Ministers has lost
its majority.

E. Emergency Powers

If the Governor is satisfied that the government of the state is not carried on in
accordance with the provisions of the Constitution, he may, under Article 356, recommend to
the President to impose President Rule in that State. As soon as the President Rule is imposed,
the administration of the State is carried on by the Governor as the representative of the
President.

Privileges of the Governor

Article 361(1) provides for the following privileges for the Governor;

44
 (a) The Governor of a State, is not be answerable to any court for the exercise and
performance of the powers and duties of his office or for any act done or purporting to be done
by him in the exercise and performance of those powers and duties.

(b) No criminal proceedings whatsoever shall be instituted or continued against the

Governor of a State, in any court during his term of office.

(c) No process for the arrest or imprisonment of the Governor of a State, shall issue
from any court during his term of office.

(d) No civil proceedings in which relief is claimed against the Governor of a State.

Chief Minister

In the scheme of Parliamentary system of government provided by the constitution, the

governor is the nominal executive authority and the Chief Minister is the real executive
authority. In other words, the governor is the head of the State while the Chief Minister is the
head of the government.

The appointment of the Chief Minister

The Chief Minister is appointed by the Governor of the State. The leader of the
majority party or majority group in the State Legislative Assembly is appointed as the Chief
Minister. In case no party commands absolute majority, in the Legislative Assembly or the
majority fails to elect its leader, the Governor can use his power and invite the leader of the
other largest party to form the ministry. He has to prove the confidence (majority support) in
the Legislative Assembly within the period stipulated by the Governor.

The term of the Chief Minister is not fixed. He may remain as the Chief Minister as
long as he enjoys the support of the majority of the members of the Legislative Assembly. He
has to resign when he losses confidence of the majority in the assembly. It is ‘understood that
normally he completes 5 years term like other members in the Legislative Assembly.

Chief Ministers of Tamil Nadu from 1947

1. Thiru.O. P. Ramaswamy 1947-1949

2. Thiru.P. S. Kumaraswamy Raja 1949 – 1952

45
 3. Thiru.C. Rajagopalachari 1952 – 1954
4. Thiru.K. Kamaraj 1954 - 1963
5. Thiru.M. Bakthavatsalam 1963 – 1967
6. Thiru.C. N. Annadurai 1967 – 1969
7. Thiru.M. Karunanidhi 1969 – 1976
8. Thiru.M. G. Ramachandran 1977 – 1987
9. Tmt. JanakiRamachandran January 1988
10. Thiru.M. Karunanidhi 1989 – 1991
11. Selvi.J. Jayalalithaa 1991 – 1996
12. Thiru.M. Karunanidhi 1996 – 2001
13. Selvi.J. Jayalalithaa 2001
14. Thiru.O.Panneerselvam 2001 – 2002
15. Selvi.J. Jayalalithaa 2002 – 2006
16. Thiru.M. Karunanidhi 2006 – 2011
17. Selvi. J. Jayalalithaa 2011 – 2014
18. Thiru.O.Panneerselvam 2014 – 2015
19. Selvi.J. Jayalalithaa 2015 – 2016
20. Thiru.O.Panneerselvam 2016 – 2017
21. Thiru.Edappadi K. Palaniswami 2017 – 2021
22. Thiru. M. K. Stalin 2021 – till now...

Powers and functions of the Chief Minister

The Chief Minister is the real executive head of the State administration. He has the
following powers and functions.

1. Relating to the council of ministers

2. Relating to the Governor
3. Relating to the State Legislature.
4. Other functions and powers.

Relating to the Council of Ministers

As the head of the Council of Ministers, the Chief Minister enjoys the following
functions and powers. The Chief Minister recommends the persons who can be appointed as
ministers by Governor.

46
 1. He allocates the portfolios among the ministers.
2. He shuffles and reshuffles his ministry.
3. He can ask a minister to resign or to advise the Governor to dismiss him in
case of difference of opinion.
4. He presides over the meetings of the Council of Ministers and influences its
decisions.
5. He can bring about the collapse of the council of ministers by resigning from
office.
6. He guides, directs, controls and coordinates the activities of all the ministers.

Relating to the Governor

1. The Chief Minister is the principal channel of communication between the

Governor and the Council of Ministers, and he advises the Governor in relation
to the appointment of the following officials:
2. Advocate General of the State.
3. State Election Commissioner.
4. Chairman and Members of the State Public Service Commission.
5. Chairman and Members of the State Planning Commission.
6. Chairman and Members of the State Finance Commission.

Relating to State Legislature

1. The Chief Minister advises the Governor with regard to the summoning and
proroguing the sessions of the state legislature.
2. He announces the government policies on the floor of the house.
3. He can introduce the bills in the Legislative Assembly.
4. He can recommend for the dissolution of the Legislative Assembly to the
Governor anytime.

Other functions and powers

1. As the leader of the ruling party, the Chief Minister has to control the party and
develop the disciplines.
2. As the leader of the state, he has to keenly consider the demands of the different
sections of the people.

47
 3. As the political head of the various services, he has to supervise, control and co-
ordinate the secretaries of various departments in the state level.
4. For smooth functioning of the state and for good centre-state relations, he has
to develop a rapport with the union government.

Council of Ministers

The Council of Ministers are collectively responsible to the State Legislature. All the
members of the Council of Ministers must be the members of the State Legislature. Those who
are not the members at the time of their appointment must secure their seats in the Legislature
within a period of 6 months. All the ministers work as a team under the Chief Minster. As
long as the Chief Minister is in office, the Council of Ministers will also be in power. If a no-
confidence motion is passed by the Legislative Assembly, the State Ministry shall resign.

Article l63 provides for a Council of Ministers to aid and advice the Governor.
According to Article 163(1) there shall be a Council of Ministers with the Chief Minister at the
head to aid and advice the Governor in the exercise of his functions, except in so far as he is
by or under this Constitution required to exercise his functions or any of them in his discretion.

Other Provisions relating to Ministers

Article 164(1) holds that the Chief Minister shall be appointed by the Governor and the
other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the
Ministers shall hold office during the pleasure of the Governor:

Article 164(1A) states that the total number of Ministers, including the Chief Minister,
in the Council of Ministers in a State shall not exceed fifteen percent of the total number of
members of the Legislative Assembly.

The functions and powers of the Council of Ministers

1. It formulates and decides the policies of the state and implements them
effectively.
2. It decides the legislative programmes of the Legislative Assembly and
sponsors all important bills.
3. It controls the financial policy and decides the tax structure for the public
welfare of the state.

48
 4. It chalks out programmes and schemes for the socio-economic changes so that
the state makes headway in various interrelated fields.
5. It makes the important appointments of the Heads of Departments.
6. It discusses and takes efforts on the dispute with other states.
7. It advises the Governor on the appointment of Judges of the subordinate courts.
8. It frames the proposal for incurring expenditure out of state reserves.
9. It decides all the bills whether ordinary bills or money bills to be introduced in
the Legislative Assembly.
10. Each minister of the Council of Ministers supervises controls and coordinates
the department concerned.
11. Annual Financial Statement called as the Budget is finalised by the Council of
Ministers.

The State Legislature

The Constitution provides a legislature for every state. Most of the States have only
unicameral legislature i.e., Legislative assembly. Some State has bicameral legislatures
(example Bihar, Karnataka, Maharashtra, Uttar Pradesh, Andhra Pradesh, Telungana and
Jammu Kashmir). The lower house, legislative assembly represents the people of the state the
upper house; Legislative Council represents special interests like teachers, graduates and local
governments.

The Legislative Assembly (Lower House)

The Legislative Assembly is a popular house. It is the real centre of power in the State.
It consists of members directly elected by the people on the basis of adult franchise. The
strength of the Assembly varies from State to State depending on the population. However the
maximum strength of the Assembly must not exceed 500 or its minimum strength not is below
60. The term of office of the legislative assembly is 5 years. It can be dissolved even before
the expiry of its term.

The size of the Legislative Council cannot be more than one-third the membership of
the Legislative Assembly (lower house) of that state. But its size cannot be less than 40, except
in Jammu and Kashmir where there are 36 by an act of Parliament. The members draw the
salary and allowances passed by the State legislature from time to time.

49
Composition

The Legislative Assembly of Tamil Nadu consists of 235 members out of which 234
members are directly elected by the people from the constituencies on the basis of adult
franchise and one member is nominated by the Governor from the Anglo-Indian community.
However, seats shall be reserved in the house for the scheduled castes and scheduled tribes.

Cabinet and Cabinet Committees

A smaller body called Cabinet is the nucleus of the council of minister. It consists of
only the cabinet ministers. It is the real centre of authority in the state government.

The cabinet works through various committees called cabinet committees. They are of
two types - standing and ad hoc. The former are of a permanent nature while the latter are of
a temporary nature.

The Speaker

The Legislative Assembly elects two of its members as the Speaker and Deputy
Speaker. The Speaker vacates his office, if he cannot continue to be a member of the Assembly.
He may also resign his office at any time. The speaker may be removed from office by a
resolution of the Assembly after giving a 14 days’ notice. Such a resolution must be passed by
a majority of the members present at the time of voting. The speaker does not vacate his office,
when the Assembly is dissolved. He continues to be the Speaker until the first sitting of the
new Assembly. While the office of the speaker is vacant, the Deputy Speaker performs his
functions.

The Legislative Council (Upper House)

The legislative Council is the upper House of the State Legislature. It is constituted as
a permanent House. Article 171(1) provides that the total number of members in the
Legislative Council of a State shall not exceed one-third of the total number of members in the
Legislative Assembly of that State, but not less than 40 members in any case.

The Vidhan Parishads (Legislative Council) forms a part of the state legislatures of
India. In Seven of India’s 29 states (Bihar, Karnataka, Maharashtra, Uttar Pradesh, Andhra
Pradesh, Telangana and Jammu - Kashmir) the Legislative Council serves as the in directly
elected upper house of a bicameral legislature. It is also a permanent house because it cannot

50
be dissolved. Every Member of Legislative Council (MLC) serves for a six-year term, with
terms staggered so that the terms of one-third of members expire every two years. MLCs must
be citizens of India not under 30 years of age, mentally sound and not bankrupt, and his name
should be in the voter’s list of the state from which he or she is contesting the election.

Election to Legislative Council

1. 1/3 of the members are elected by local bodies. „„

2. 1/12 of the members are elected by Graduates of the universities in the State.
„„
3. 1 /12 of the members are elected by Graduate teachers. „„
4. 1/3 of the members are elected by the members of the Legislative Assembly.
5. 1/6 is nominated by the Governor who is eminent in the field of literary
excellence, art, social services or Co-operation.

The Chairman

The Chairman (chairperson he / she) is the Presiding Officer of the Upper house. The
Members elect a Chairman and a deputy chairman from among themselves. In the absence of
the chairman, the deputy chairman officiate the functions of the Legislative Council.

Abolition or Creation of Legislative Councils

Article 169 deals with the creation or abolition of Legislative Council in a State. Article
169 holds that if the state Legislative Assembly passes a resolution by a majority of not less
than 2/3rd of the members present and voting and by the majority of total strength of the House,
requesting the Parliament to create or abolish the state Legislative council then the Parliament
may by law provide for the abolition and creation of the Legislative Council.

Functions of the State Legislature

The powers and functions of the State Legislature are almost the same as that of
Parliament.

➢ Legislative powers

The State Legislature can pass laws on all subjects mentioned in the State List as per
the constitution. It can also pass laws on concurrent subjects. The State made law in a
concurrent subject will become inoperative when the centre also passes a law on the same

51
subject. The passing of Bill into law follows the same procedure, as in the union parliament.
Every bill passes through three readings. Then it becomes an Act with the Governor’s assent.

➢ Financial Powers

The Legislature controls the finances of the State. The Lower House enjoys greater
power than the Upper House in money matters. Money bills can be introduced only in the
Lower House or the Assembly. No new tax can be levied without the sanction and permission
of the Assembly.

➢ Controls over the Executive

The Legislature controls the Executive. The Council of Ministers is responsible to the
Assembly. The Ministers have to answer questions asked by the members of the Legislature.
They can be removed from office if the Assembly passes a vote of “no confidence motion”
against the Ministry.

➢ Wide powers

In State having two Houses, the Legislative Assembly enjoys more powers than the
Legislative Council. The Assembly has complete control over the state finance. The Council
cannot vote for grants. The Council of Ministers is responsible only to the Assembly.

Judiciary of State

High Courts

The institution of high court originated in India in 1862 when the high courts were set
up at Calcutta, Bombay and Madras. In the course of time, each province in British India came
to have its own high court. After 1950, a high court existing in a province became the high
court for the corresponding state. The High Courts are the highest courts at State level, but
being part of integrated Indian judiciary they work under the superintendence, direction and
control of the Supreme Court.

The Constitution of India provides for a high court for each state, but the Seventh
Amendment Act of 1956 authorised the Parliament to establish a common high court for two
or more states or for two or more states and a union territory.

52
 For example, the States of Punjab and Haryana and the Union Territory of Chandigarh
have a common High Court situated at Chandigarh.

Similarly, the High Court of Guwahati is common for seven north-eastern States of
Assam, Nagaland, Manipur, Meghalaya, Mizoram, Tripura and Arunachal Pradesh. Delhi,
though not a State, has its own separate High Court. Every High Court has a Chief Justice and
a number of judges. The number of judges varies from State to State. The number of judges
of each High Court is determined by the President. At present there are 25 High Courts for 29
States (including new Andhra Pradesh High Court established in 1st January 2019 at principal
seat in Amravati) and seven Union Territories.

Appointment of the Judges

Every High Court consists of a Chief Justice and such other Judges as appointed by the
President from time to time (Article 216).

Jurisdiction and Powers of High Court

At present, a high court enjoys the following jurisdiction and powers:

➢ Original Jurisdiction

In their judicial capacity, the High Courts of the Presidency towns (Bombay, Calcutta
and Madras) have both original and appellate jurisdictions, while other High Courts have
mostly appellate jurisdiction.

Only in matters of admiralty, probate, matrimonial and contempt of Court, they have
original jurisdiction. The Presidency High Courts have original jurisdiction in which the
amount involved is more than `2000’ and in criminal cases which are committed to them by
the Presidency Magistrates.

➢ Appellate Jurisdiction

As Courts of appeal, all High Courts entertain appeals in civil and criminal cases from
their subordinate Courts as well as on their own. They have, however, no jurisdiction over
tribunals established under the laws relating to the Armed Forces of the Country.

➢ Writ Jurisdiction

53
 Under Article 226 of the constitution, the High Courts are given powers of issuing
writs not only for the enforcement of the Fundamental Rights, but also for other purposes. In
exercise of this power, a Court may issue the same type of writs, orders or directions which the
Supreme Court is empowered to issue under Article 32.

The jurisdiction to issue writs under this Article is larger in the case of High Courts, for
which the Supreme Court can issue them only where a Fundamental Right has been
infringed, a High Court can issue them not only in such cases, but also where an ordinary legal
right has been infringed.

Habeas Corpus : The writ of habeas corpus is issued to a detaining authority, ordering the
detainer to produce the detained person in the issuing court, along with the cause of his or her
detention, if the detention is found to be illegal, the court issues an order to set the person free.

Mandamus: The writ of mandamus is issued to a subordinate court, an officer of government,

or a corporation or other institution commanding the performance of certain acts or duties.

Prohibition: The writ of prohibition is issued by a higher court to a lower court prohibiting it
from taking up a case because it falls outside the jurisdiction of the lower court. Thus, the
higher court transfers the case to it.

Quo Warranto: The writ of quo Warranto is issued against a person who claims or usurps a
public office. Through this writ the court inquires ‘by what authority’ the person supports his
or her claim.

Certiorari: The writ of certiorari is issued to a lower court directing that the record of a case
be sent up for review, together with all supporting files, evidence and documents, usually with
the intention of overruling the judgment of the lower court. It is one of the mechanisms by
which the fundamental rights of the citizens are upheld.

➢ Supervisory Jurisdiction

High court has the power of superintendence over all courts and tribunals functioning
in its territorial jurisdiction (except military courts or tribunals) Thus, it may

(a) Call for returns from them;

(b) Make an issue, general rules and prescribe forms for regulating the practice and
proceedings of them.

54
 (c) Prescribe forms in which books, entries and accounts are to be kept by them; and

(d) Settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.

➢ Control over Subordinate Courts

A high court has an administrative control and other powers over them

(a) It is consulted by the governor in the matters of appointment, posting and promotion
of district judges and in the appointments of persons to the judicial service of the state (other
than district judges).

(b) It deals with the matters of posting, promotion, grant of leave, transfers and
discipline of the members of the judicial service of the state (other than district judges).

(c) It can withdraw a case pending in a subordinate court if it involves a substantial

question of law that requires the interpretation of the Constitution. It can then either dispose of
the case itself or determines the question of law and return the case to the subordinate court
with its judgment.

(d) Its law is binding on all subordinate courts functioning within its territorial
jurisdiction in the same sense as the law declared by the Supreme Court is binding on all courts
in India.

➢ Court of Record

All the decisions and decrees issued by the High Court are printed and are kept as a
record for future references by the Court as well as by the lawyers, is such a need arises. Thus,
it also acts as a Court of Record.

➢ Power of Judicial Review

Judicial review is the power of a high court to examine the constitutionality of

legislative enactments and executive orders of both the Central and state governments. Though
the phrase judicial review has nowhere been used in the Constitution, the provisions of Articles
226 and 227 explicitly confer the power of judicial review on a high court The 42nd
Amendment Act of 1976 curtailed the judicial review power of high court. It debarred the high
courts from considering the constitutional validity of any central law. However, the 43rd
Amendment Act of 1977 restored the original position.

55
Structure of District Administration

A District Administration is generally structured in a hierarchical manner with the

District Collector/Magistrate at the apex. The Indian District Administration is characterized
by an all-encompassing role of the District Collector, who is a member of the Indian
Administrative Service (IAS).

The district collector's role in India has evolved from being primarily a revenue
collector during British rule to a multifaceted administrator, facilitating development projects,
ensuring law and order, coordinating disaster management, and overseeing the implementation
of government schemes.

Moreover, the District Administration in India is central to the Panchayati Raj

Institutions (PRIs) and Municipal bodies, facilitating decentralization and empowering local
self-government.

The key elements of a typical district administrative structure include:

o District Collector/Magistrate: This is the highest-ranking official in the district,

responsible for its overall administration. They oversee all aspects of governance within
the district.

56
 o Additional District Magistrate: The Additional District Magistrate assists the District
Collector in their administrative duties.

o Sub-Divisional Officer: Sub-divisions of a district are headed by Sub-Divisional

Officers who manage the administration within their respective areas.

o Tehsildar: Tehsildars are in charge of smaller divisions known as Tehsils or Talukas.

Their duties include maintaining land records and revenue collection.

o Patwari/Village Officer: At the village level, the administration is handled by the

Patwari or Village Officer. They maintain village records and serve as the primary point
of contact for villagers.

Role of Deputy Commissioner

In the context of the District Administration, the Deputy Commissioner plays a crucial role.
Often interchangeable with the role of the District Collector, the Deputy Commissioner assists
in managing various aspects of district administration. Their duties might include maintaining
law and order, overseeing developmental schemes, managing disaster response, and
coordinating with other government departments.

Role of Collector

The Collector plays a pivotal role in District Administration. As the head of the district,
the Collector is responsible for maintaining law and order, managing revenue administration,
and overseeing the implementation of various development programs in the district. The
Collector's role becomes especially critical during times of natural disasters, where they act as
the chief coordinator for rescue and relief operations.

Role of Tehsildar

The Tehsildar plays a crucial role in the administrative machinery at the Taluka or
Tehsil level. They are responsible for maintaining revenue records, conducting land surveys,
overseeing tax collections, and ensuring the implementation of land reforms. They also play a
significant role in conflict resolution at the local level.

Role of Sub-Divisional Magistrate

57
 Sub-Divisional Magistrates, also known as SDMs, hold a key position in the District
Administration structure. They are responsible for maintaining law and order within their
jurisdiction, resolving revenue disputes, and supervising the implementation of development
schemes at the sub-divisional level.

Role of Kanungo

Kanungos hold a vital position in the revenue administration at the local level. They
supervise the work of Patwaris and assist in revenue collection and land record maintenance.
Kanungos also play a key role in ensuring the accuracy of land records and resolving related
disputes.

Functions of District Administration

District Administration performs a broad range of functions to ensure the smooth running
of the district. These include

o Implementation of developmental programs

o Maintenance of law and order

o Collection of taxes and revenues

o Maintenance of public health and sanitation

o Regulation of markets and trade

o Providing educational services

o Management of natural resources and public utilities

o Disaster management

The effectiveness of the District Administration is vital for the wellbeing of citizens, as it
directly impacts the quality of services provided at the local level.

Features of District Administration

District Administration is characterized by several distinct features:

o Hierarchical Structure: District Administration follows a strict hierarchical structure,

ensuring smooth functioning and clear delineation of responsibilities.

58
 o Wide Range of Functions: It performs a broad array of functions ranging from
maintenance of law and order to implementation of developmental programs.

o Intermediary Role: It acts as an intermediary between the local bodies and higher
government echelons.

o Flexible Approach: Despite a rigid structure, the administration adopts a flexible

approach to cater to the specific needs of the district.

o Accountability: District Administration is accountable to both higher authorities and

the public, ensuring transparency and integrity in its functioning.

Local Administration Structure

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Municipality

In India, the Urban Local Bodies (ULBs), also called municipalities, are self-
government institutions responsible for the administration of cities, towns, and transitional
areas within a state or Union Territory.

3 types of MCs

The following 3 types of democratically elected urban local governance bodies in India are
called municipalities and abbreviated as the "MC". These are classified based on the size of the
population of the urban settlement.[14]

• Municipal Corporation, also called the "Nagar Nigam" or "City Corporation", of cities
with more than 1 million population.

• Municipal Councils, also called the "Nagar Palika" or "Nagar Palika Parishad", of
cities with more than 25,000 and less than 1 million population.

• Municipal Committee, also called the "Town Council" or "Nagar

Panchayat" or "Town Panchayat" or "Notified Area Council" or "Notified Area
Committee" depending on the state within which they lie, these are in the town with
more than 10,000 and less than 25,000 population.

Functions of MCs

All municipal acts in India provide for functions, powers and responsibilities to be
carried out by the municipal government. These are divided into two categories: obligatory
and discretionary.

The mandatory functions of MC include the supply of pure and wholesome water,
construction and maintenance of public streets, lighting and watering of public streets, cleaning
of public streets, places and sewers, regulation of offensive, dangerous or obnoxious trades and
callings or practices, maintenance or support of public hospitals, establishment and
maintenance of primary schools, registration of births and deaths, removing obstructions and
projections in public streets, bridges and other places, naming streets and numbering houses,
maintenance of law and public order, etc.

The discretionary functions of MC include the laying out of areas, securing or removal
of dangerous buildings or places, construction and maintenance of public parks, gardens,
60
libraries, museums, rest houses, leper homes, orphanages and rescue homes for women, public
buildings, planting of trees and maintenance of roads, housing for low income groups,
conducting surveys, organizing public receptions, public exhibitions, public entertainment,
provision of transport facilities with the municipality, and promotion of welfare of municipal
employees.

Panchayati raj

Panchayati raj (council of five officials) is the system of local self-

government of villages in rural India as opposed to urban and suburban municipalities.

It consists of the Panchayati Raj Institutions (PRIs) through which the self-government of
villages is realized.

3 hierarchies of PRI panchayats

The following 3 hierarchies of PRI panchayats exist in states or Union Territories with
more than two million inhabitants:

• Gram Panchayats at village level

• Panchayat Samiti or Mandal Parishad or Block Panchayat or Taluk Panchayat

at Community Development Block or Mandal or Taluk level and

• Zila Parishad/District Panchayat at district level.

The panchayati raj system is a three-tier system with elected bodies at the village, taluk and
district levels. The modern system is based in part on traditional Panchayat governance, in part
on the vision of Mahatma Gandhi and in part by the work of various committees to harmonize
the highly centralized Indian governmental administration with a degree of local
autonomy.[19] The result was intended to create greater participation in local government by
people and more effective implementation of rural development programs. Although, as of
2015, implementation in all of India is not complete, the intention is for there to be a gram
panchayat for each village or group of villages, a tehsil level council, and a zilla panchayat at
the district level.

In India, the nomenclature of Panchayat Raj institutions varies across different states. At
the village level, Panchayat Raj institutions are commonly referred to as gram panchayats in
most states. These gram panchayats or village panchayats are responsible for the administration
61
and governance of rural areas at the grassroots level. The block or tehsil level Panchayat Raj
institutions are known by different names in different states. For instance, in some states, they
are called block panchayats, while in others, they are referred to as panchayat samitis,
panchayat unions and mandal parishads. The specific names may vary from state to state, but
the purpose remains the same – to oversee the development and welfare activities at the block
or tehsil level. The district level Panchayat Raj institutions are known by different names in
different states, such as zilla panchayat, zilla parishad, district council and district panchayat.

Rural local Administration Urban local administration

(iii)HEALTH CARE DELIVERY SYSTEM IN INDIA

Health is the birth right of every individual. Health care services in general are rendered
by the government through a network of health centers from the grass root areas to the block
level in the rural areas to the block level in the rural areas and through hospitals, dispensaries,
maternal child health and family welfare centers in the urban areas.

Health: According to WHO, health is defined as ―a dynamic state of complete

physical, mental and social well-being not merely an absence of disease or infirmity.

Health care services: It is defined as ―multitude of services rendered to individuals,

families or communities by the agents of the health services or professions for the purpose of
promoting, maintaining, monitoring or restoring health.

Definitions of health care delivery:

1. Health care delivery system refers to the totality of resources that a population or
society distributes in the organization and delivery of health population services. It also

62
includes all personal and public services performed by individuals or institutions for the
purpose of maintaining or restoring health.

- Stanhope (2001)

2. It implies the organization, delivery staffing regulation and quality control.

- J.C. Park (2001)

Philosophy of Health Care Delivery System:

∙ Everyone from birth to death is part of the market potential for health care services.

∙ The consumer of health care services is a client and not customer.

∙ Consumers are less informed about health services than anything else they purchase.

∙ Health care system is unique because it is not a competitive market.

∙ Restricted entry in to the Health care system.

Goals/Objectives of Health Care Delivery System:

1) To improve the health status of population and the clinical outcomes of care.

2) To improve the experience of care of patients families and communities.

3) To reduce the total economic burden of care and illness.

4) To improve social justice equity in the health status of the population.

Principles of Health Care Delivery System:

1. Supports a coordinated, cohesive health-care delivery system.

2. Opposes the concept that fee-for-practice.

3. Supports the concept of prepaid group practice.

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 4. Supports the establishment of community based, community controlled health-care
system.

5. Urges an emphasis be placed on development of primary care

6. Emphasizes on quality assurance of the care

7. Supports health care as basic human right for all people.

8. Opposes the accrual of profits by health-care-related industries.

Functions of Health Care Delivery System:

1) To provide health services.

2) To raise and pool the resources accessible to pay for health care.

3) To generate human and physical sources that makes the delivery service possible.

4) To set and enforce rules of the game and provide strategic direction for all the
different players involved.

Characteristics of Health Care Delivery System:

1) Orientation toward health.

2) Population perspective.

3) Intensive use of information.

4) Focus on consumer.

5) Knowledge of treatment outcome.

6) Constrained resources.

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Models of Health care delivery

1.Health status and Health Problems

1. Demographic profile
2. Mortality profile
3. Health problems
a) Communicable disease problems
• Malaria
• Tuberculosis
• Diarrheal disease
• Leprosy
• Filaria
• AIDS
• Others
b) Non Communicable disease problems
c) Nutritional programs
• Protein energy malnutrition
• Nutritional anaemia
• Low birth weight
• Xerophthalmia
• Iodine deficiency disorders

65
 • Other nutritional problems
d) Environmental sanitation problems
e) Medical care problems
f) Population Problems

2.Resoures

The basic resources for providing health care are,

a) Health manpower
b) Money and material
c) Time

3.Health care service

(or)

4.HEALTH CARE DELIVERY SYSTEM IN INDIA

In India it is represented by five major sectors or agencies which differ from each other by
health technology applied and by the source of fund available.

These are:

I. PUBLIC HEALTH SECTOR

A. Primary Health Care

1. Primary health centres.

2. Sub- centres.

B. Hospital/Health Centres

1. Community health centres.

2. Rural health centres.

3. District hospitals/health centre.

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 4. Specialist hospitals.

5. Teaching hospitals.

C. Health Insurance Schemes

1. Employees State Insurance.

2. Central Govt. Health Scheme.

D. Other Agencies

1. Defence services.

2. Railways.

II. PRIVATE SECTOR

A. Private hospitals, polyclinics, nursing homes and dispensaries.

B. General practitioners and clinics.

III. INDIGENOUS SYSTEMS OF MEDICINE

∙ Ayurveda

∙ Siddha

∙ Umami

∙ Homeopathy

∙ Naturopathy

∙ Yoga

∙ Un-Registered Practioners

IV. VOLUNTARY HEALTH AGENCIES

• Indian red cross society

• Hind kusht nivaran sangh

67
 • Indian Council Of Child Welfare
• Tuberculosis Association Of India
• Bharat Sevak Samaj
• Central Social Welfare Board
• The Kasturba Memorial Fund
• Family Planning Association Of India
• All India Mens Conference
• The All India Blind Relief Society
• Professional Bodies
• International Agencies

V. NATIONAL HEALTH PROGRAMMES

ORGANIZATION AND ADMINISTRATION OF HEALTH SERVICES IN INDIA AT

DIFFERENT LEVELS

India is a union of 28 states and 7 Union territories. Under the constitution states are
largely independent in matters relating to the delivery of health care to the people.

Each State, therefore, as developed its own system of health care delivery, independent
of the Central Government.

Health system in India has 4 level

1. Central level.

2. State level

3. District level

4.Local level

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 Synoptic view of the health system in India

National Level

States (28) and Union Territories (7)

District health organisation and basic specialities

hospital/districts

Community Health Centers Sub-district/ Taluka

hospital

Sub-centers

PHC

Village health guide/Trained

dai

People in the population

Health administration at the central level:

The official organs of the health system at the national level consist of 3 units:

1. Union Ministry of Health and Family Welfare.

2. The Directorate General of Health Services.

3. The Central Council of Health and Family Welfare.

I. Union Ministry of Health and Family Welfare

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Organisation

The Union Ministry of Health and Family Welfare is headed by a Cabinet Minister, a
Minister of State, and a Deputy Health Minister. These are political appointment and have dual
role to serve political as well as administrative responsibilities for health.

Currently the union health ministry has the following departments:

1. Department of Health

2. Department of Family Welfare

3. Department of Indian System of Medicine and Homoeopathy

a. Department of Health

It is headed by a secretary to the Government of India as its executive head, assisted

by joint secretaries, deputy secretaries, and a large administrative staff.

Functions

Union list

1. International health relations and administration of port-quarantine

2. Administration of central health institutes such as All India Institute of Hygiene and
Public Health, Kolkata; National Institute for Control of Communicable Diseases, Delhi, etc.

3. Promotion of research through research centres and other bodies.

4. Regulation and development of medical, nursing and other allied health professions.

5. Establishment and maintenance of drug standards.

6. Census, and collection and publication of other statistical data.

7. Immigration and emigration.

8. Regulation of labour in the working of mines and oil fields

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Concurrent list

The functions listed under the concurrent list are the responsibility of both the union
and state governments. The centre and states have simultaneous powers of legislation. They
are as follows:

1. Prevention of extension of communicable diseases from one unit to another.

2. Prevention of adulteration of food stuffs.

3. Control of drugs and poisons.

4. Vital statistics.

5. Labour welfare.

6. Ports other than major.

7. Economic and social health planning

8. Population control and family planning.

Department of Family Welfare

It was created in 1966 within the Ministry of Health and Family Welfare. The secretary
to the Government of India in the Ministry of Health and Family Welfare is in overall charge
of the Department of Family Welfare. He is assisted by an additional secretary and
commissioner, and one joint secretary.

The following divisions are functioning in the department of family welfare.

1. Programme appraisal and special scheme

2. Technical operations: looks after all components of the technical programme viz.
Sterilization/IUD/Nirodh, post- partum, maternal and child health, UPI, etc.

3. Maternal and child health

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 4. Evaluation and intelligence: helps in planning, monitoring and evaluating the programme
performance and coordinates demographic research.

5. Nirodh marketing supply/ distribution Functions

a. To organize family welfare programme through family welfare centres.

b. To create an atmosphere of social acceptance of the programme and to support all

voluntary organizations interested in the programme.

c. To educate every individual to develop a conviction that a small family size is valuable
and to popularize appropriate and acceptable method of family planning

d. To disseminate the knowledge on the practice of family planning as widely as possible

and to provide service agencies nearest to the community.
Ministry of health

Cabinet Minister

Minister of States

Deputy Ministers

Dept. of Health Dept. of Family Welfare Dept. of Indian Medicine &

Homeopathy

Health Secretary Secretary

Secretary

Additional Secretaries
Chief Director Joint Secretory Director
(1) (3) Joint
of
Joint Secretaries (9) Secretary
Ayurveda
for ISM
and
Siddha
Director of General Health
Services 72

Addtl. Director for General

Health Services (4)
3. The department of Indian system of medicine and homeopathy

It was established in March 1995 and had continued to make steady progress. Emphasis
was on implementation of the various schemes introduced such as education, standardization
of drugs, enhancement of availability of raw materials, research and development, information,
education and communication and involvement of ISM and Homeopathy in national health
care. Most of the functions of this ministry are implemented through an autonomous
organization called DGHS.

II. Directorate General of Health Services

Organisation

The DGHS is the principal adviser to the Union Government in both medical and public
health matters. He is assisted by a team of deputies and a large administrative staff. The
Directorate comprises of three main units:

i. Medical care and hospitals

ii. Public health

iii. General administration

Functions

1. General functions: The general functions are surveys, planning, coordination,

programming and appraisal of all health matters in the country.

2. Specific functions

a. International health relations and quarantine:

b. Control of drug standards

c. Medical store depots

d. Postgraduate training

e. Medical education

f. Medical research

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 g. Central Government Health Scheme. Family welfare services

h. National Health Programmes.

i. Central Health Education Bureau

j. Health intelligence.

k. National Medical Library

III. Central Council of Health

The Central Council of Health was set up by a Presidential Order on August 9, 1952,
under Article 263 of the Constitution of India for promoting coordinated and concerted action
between the centre and the states in the implementation of all the programmes and measures
pertaining to the health of the nation. The Union Health Minister is the chairman and the state
health ministers are the members.

Functions

1. To consider and recommend broad outlines of policy in regard to matters concerning

health in all its aspects such as the provision of remedial and preventive care, environmental
hygiene, nutrition, health education and the promotion of facilities for training and research.

2. To make proposals for legislation in fields of activity related to medical and public
health matters and to lay down the pattern of development for the country as a whole.

3. To make recommendations to the Central Government regarding distribution of

available grants-in-aid for health purposes to the states and to review periodically the work
accomplished in different areas through the utilisation of these grants-in-aid.

4. To establish any organisation or organisations invested with appropriate functions

for promoting and maintaining cooperation between the Central and State Health
administrations.

AT THE STATE LEVEL

Historically, the first milestone in the state health administration was the year 1919,
when the states (provinces) obtained autonomy, under the Montague-Chelmsford reforms,
from the central Government in matters of public health. By 1921-22, all the states had created

74
 some form of public health organisation. The Government of India Act, 1935 gave further
autonomy to the states. The state is the ultimate authority responsible for health services
operating within its jurisdiction.

State health administration

At present there are 31 states in India, with each state having its own health
administration. In all the states, the management sector comprises the state ministry of Health
and a Directorate of Health.

Organisational structure of the health and family welfare services at state level Functions.

Minister in charge of health and family welfare

portfolio in the state

Secretary or commissioner, Department of Health and

Family Welfare

Director of Director FW Director Director of

Services
Health Services Medical education ISM

Additional/deputy joint Principal/Deans

directors of health of medical
services dealing with colleges
one or more programs

Assistant Directors Divisional set up in some states

health services dealing
with one or more
programmes
District health organisation

Taluka Health organisation

75

Block level health organisation

1. State Ministry of Health

The State Ministry of Health is headed by a Minister of Health and FW and a Deputy Minister
of Health and FW. In some states, the Health Minister is also in charge of other portfolios. The
Health secretariat is the official organ of the State Ministry of Health and is headed by a
Secretary who is assisted by Deputy Secretaries, and a large administrative staff

Functions:

Health services provided at the state level

1. Rural health services through minimum needs programme

2. Medical development programme
3. M.C.H., family welfare & immunization programme
4. NMIP (malaria) & NFCP(filarial)
5. NLEP, NTCP, NPCB, prevention and control of communicable diseases like
diarrheal disease, KFD, JE,
6. School health programme, nutrition programme, and national goitre control
programme
7. Laboratory services and vaccine production units.
8. Health education and training programme, curative services, national Aids control
programme.

2. State Health Directorate

The Director of Health Services is the chief technical adviser to the state Government on all
matters relating to medicine and public health. He is also responsible for the organization and
direction of all health activities. The Director of Health and Family Welfare is assisted by a
suitable number of deputies and assistants. The Deputy and Assistant Directors of Health may
be of two types:

1. Regional
2. Functional.

The regional directors inspect all the branches of public health within their jurisdiction,
irrespective of their specialty. The functional directors are usually specialists in a particular
branch of public health such as mother and child health, family planning, nutrition,
tuberculosis, leprosy, health education, etc.

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AT THE DISTRICT LEVEL

The district is the most crucial level in the administration and implementation of medical
/health services. At the district level there is a district medical and health officer or CMO who
is overall Subdivisions

i. Tehsils (Taluka)

ii. Community development blocks

iii. Municipalities and corporations

iv. Villages

v. Panchayaths

Most of the districts in India are divided into two or more subdivisions, each in charge of
an assistant collector or sub-collector. Each division is again divided into tehsils in charge of a
Tehsildar. A tehsil usually comprises between 200 and 600 villages.

Finally, there are the village Panchayaths, which are institutions of rural local self-
government.

The urban areas of the district are organised into the following local self-government:

1. Town area committee – 5,000 – 10,000

2. Municipal boards – 10,000 – 2,00,000
3. Corporations – population above 2, 00,000.

The town’s area committees are like Panchayaths. They provide sanitary services. The
municipal boards are headed by a chairman/president, elected usually by the members.
Corporations are headed by mayors. The councillors are elected from different wards of the
city. The executive agency includes the commissioner, the secretary, the engineer, and the
health officer. The activities are similar to those of the municipalities but on a much wider
scale.

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Primary Healthcare Infrastructure of District Level

Community District Health

Sub-Center Primary health Center and Family
Health Centre
Welfare

PANCHAYATH RAJ

The Panchayaths Raj is a 3-tier structure of rural local self-government in India linking the
villages to the district.

The three institutions are:

1. Panchayaths – at the village level.

2. Panchayaths samithi – at the block level.
3. Zilla parishad – at the district level.

The Executive

The Governor is the constitutional head of the state executive. The administration of a State is
carried on in the name of the Governor. Generally, there is a separate Governor in each State
but if the situation warrants so, the same person may be appointed as the Governor of two or
more States.

Article 154 vests the executive power of the State in the Governor. Article 154(1) holds that
the executive power of the State shall be vested in the Governor and shall be exercised by him
either directly or through officers subordinates to him in accordance with this Constitution.

Appointment

The Governor of a State shall be appointed by the President. His usual term of office is five
years but he holds office during the pleasure of the President. Generally, the Governor does
not belong to the State where he is appointed. He can also be transferred from one state to
another by the President. He can also resign any time by addressing his resignation to the
President. The Legislature of a State or a High Court has no role in the removal of a Governor.

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A person may be appointed as a Governor for any number of terms. Two conventions have
been set up in the matter of appointing a person as Governor of a State. He should not be a
resident of the State concerned and, the State Government concerned is consulted and its views
are sought regarding the proposed choice. According to Article 158 (3A), where the same
person is appointed as Governor of two or more States, the emoluments and allowances payable
to the Governor shall be allocated among the States in such proportion as the President may by
order determine.

Qualification

Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the
post of governor. They are as follows: He should be a citizen of India. He must have completed
35 years of age. He should not be a member of Parliament or of any State Legislature. If he is
a member of any of Legislature, he automatically vacates his seat on assuming the office. He
should not hold any other profitable occupation.

Powers and Functions of the Governor

The Governor is the head of the state executive and he has enormous powers. In the exercise
of functions and powers, the Governor, except in certain cases, is to be guided by the aid and
advice of the Council of Ministers headed by the Chief Minister (under Article 163). As the
executive head in the state level, the Governor has following functions and powers.

Executive Powers

1. The Constitution vests all executive powers of the State Government in the Governor.
He may exercise this power either directly or through officers subordinate to him. He
is the constitutional head of the State.
2. All the administration is carried on in his name.
3. The executive powers and functions of the Governor are: He appoints the leader of the
majority party in the State Legislative Assembly as the Chief Minister of the State.
4. He appoints other members of the Council of Ministers on the recommendation of the
Chief Minister.
5. He appoints the Advocate - General of the state and determines his remuneration. The
Advocate General holds office during the pleasure of the Governor.
6. He appoints the Chairman and Members of the State Public Service Commission.
However, they can be removed only by the president and not by a governor.

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 7. He appoints the state election commissioner and determines his conditions of service
and tenure of office. However, the state election commissioner can be removed only
in like manner and on the like grounds as a judge of a high court.
8. He acts as the chancellor of universities in the state. He also appoints the Vice
Chancellors of universities in the state.

He directly rules a State when there is the imposition of the President’s rule in the State.

Conclusion

It is the longest written national constitution in the world. It imparts constitutional

supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather
than Parliament) and was adopted by its people with a declaration in its preamble. Parliament
cannot override the constitution.

The ancient Indian administration systems under the Mauryan and Gupta dynasties were
characterized by a centralized monarchy, with the king being the supreme authority, while at
the same time promoting decentralization through provincial and local administrative
divisions.

Improving the quality of health care at the system level requires a focus on governance
issues, including improving public-sector management, building institutional capacity, and
promoting a culture of data-driven policies.

Summary

Till now, we have discussed about the Indian Constitution preamble, salient features,
fundamental rights, fundamental duties, amendment of constitution, Indian administrative
system, functions, features, issues, reform committees, Indian Administrative System in central
government, State government, Health Care Delivery System in India, Central level, State
level, District level and conclusion.

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