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State Exec and State Legis

The document provides a structured overview of relevant Articles of the Constitution related to the Legislative Assembly, State Executive, Governor's powers, and case laws. It outlines the purpose of specific articles, key case laws, and their conclusions regarding the powers and functions of the Governor and the legislative process. Key issues addressed include the validity of President's Rule, the doctrine of repugnancy, and the discretionary powers of the Governor.

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0% found this document useful (0 votes)
24 views11 pages

State Exec and State Legis

The document provides a structured overview of relevant Articles of the Constitution related to the Legislative Assembly, State Executive, Governor's powers, and case laws. It outlines the purpose of specific articles, key case laws, and their conclusions regarding the powers and functions of the Governor and the legislative process. Key issues addressed include the validity of President's Rule, the doctrine of repugnancy, and the discretionary powers of the Governor.

Uploaded by

ytacc0210
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Here’s a structured breakdown of the relevant Articles of the Constitution, their purpose, brief

pointers, and related case laws based on the documents you uploaded.

1. Legislative Assembly (Articles 170-189)

Relevant Articles and Their Purpose:

●​ Article 170 – Composition of Legislative Assemblies​

○​ Minimum 60, maximum 500 members


○​ Direct election by people from territorial constituencies
○​ Representation based on population (42nd Amendment based on 1971 census)
○​ 84th Amendment, 2001 updated based on 1991 and later 2011 census
○​ Redetermination of constituencies set for post-2026
●​ Article 254 – Repugnancy between Central and State Laws​

○​ Central law prevails in case of conflict


○​ Case Law: M. Karunanidhi vs. Union of India – Doctrine of Repugnancy applied
●​ Article 172(1) – Emergency and Legislative Assembly Tenure​

○​ Parliament can extend state legislature’s tenure during emergencies for up to one
year
●​ Article 356 – President’s Rule​

○​ President dissolves the state legislature if constitutional machinery fails


○​ Case Law: S. R. Bommai v. Union of India (1994 SCC (3) 1) – Arbitrary central
control declared unconstitutional
●​ Article 174 – Sessions of the State Legislative Assembly​

○​ Governor summons the legislature


○​ Must meet at least every six months
○​ Governor can dissolve assembly under Art. 174(2)(b)
○​ Example: Tamil Nadu Governor dissolving assembly sessions
●​ Articles 178-181 – Speaker and Deputy Speaker​

○​ Article 178: Election of Speaker and Deputy Speaker


○​ Article 179: Removal by a majority vote after 14-day notice
○​ Article 180: Deputy Speaker takes charge if Speaker's post is vacant
○​ Article 181: Speaker cannot preside over their own removal process
○​ Case Law:
■​ Mahabir Prasad Sharma vs. Prafulla Chandra Ghose: Speaker’s power
over adjournment and majority determination
■​ State of Punjab vs. Sat Pal Dang: Speaker’s power in proroguing assembly
questioned
■​ K.A. Mathialagam v. P. Srinivasan: Speaker's removal and impartiality
reaffirmed
●​ Article 182-185 – Chairman and Deputy Chairman of Legislative Council​

○​ Article 182: Election of Chairman and Deputy Chairman


○​ Article 183: Removal by a majority vote
○​ Article 184: Deputy Chairman acts in absence of Chairman
○​ Article 185: Chairman cannot preside over their own removal process

2. State Executive (Articles 153-167)

Relevant Articles and Their Purpose:

●​ Article 153 – Every State shall have a Governor​

○​ Can be one Governor for multiple states (7th Amendment)


●​ Article 155 – Appointment of Governor​

○​ Appointed by the President, not elected


○​ Governor serves as a nominee of the Central Government
●​ Article 156 – Term and Removal of Governor​

○​ 5-year term, but serves at the pleasure of the President


○​ Can be removed anytime by the President without specific reasons
○​ Case Law:
■​ Hargovind Pant v. Raghukul Tilak (1979 AIR SC 1109) – Governor is an
independent constitutional authority
■​ Surya Narain v. Union of India (1982 AIR Raj. 1) – Governor has no fixed
tenure and holds office at the pleasure of the President
■​ B.P. Singhal v. Union of India (2010) 6 SCC 331 – Governor cannot be
removed arbitrarily; reasons must be provided
●​ Article 157 – Qualifications for Governor​

○​ Citizen of India
○​ Minimum 35 years of age
○​ Convention: Should not be from the state they govern
●​ Article 158 – Conditions of Governor’s Office​

○​ Cannot be a member of the Legislature


○​ Cannot hold an office of profit
○​ Entitled to allowances, rent-free residence

3. Governor’s Powers and Functions

Relevant Articles and Their Purpose:

●​ Article 154 – Executive Power of the State​

○​ Vested in the Governor but exercised through the Chief Minister and Council of
Ministers
●​ Article 161 – Power to Grant Pardon​

○​ Governor can grant pardon, reprieve, commutation of sentences in cases related to


state laws
●​ Article 200 – Governor’s Assent to Bills​

○​ Can withhold assent, return a bill, or reserve it for President’s consideration


●​ Article 356 – President’s Rule in States (Governor’s Recommendation)​

○​ Failure of constitutional machinery leads to President’s Rule


●​ Article 164 – Appointment of Chief Minister​

○​ Governor appoints the CM and other ministers


●​ Article 174(2)(b) – Dissolution of Legislative Assembly​

○​ Governor can dissolve assembly if the government loses confidence


●​ Case Law:​

○​ Shamsher Singh v. State of Punjab (AIR 1974 SC 2192) – Governor must act as per
Council of Ministers’ advice
○​ S.R. Bommai v. Union of India – President’s Rule cannot be imposed arbitrarily

4. Governor’s Discretionary Powers

Constitutional Discretion (Expressly Mentioned in the Constitution)

●​ Article 200 – Reserving bills for President’s consideration


●​ Article 356 – Recommending President’s Rule
●​ Article 161 – Pardoning power in state matters
●​ Article 164 – Appointing a CM in a hung assembly
●​ Article 174 – Dissolving the state assembly when a government loses confidence

Situational Discretion (Derived from Political Conditions)

●​ Appointment of CM in case of hung assembly


●​ Dismissal of Council of Ministers if they lose majority
●​ Dissolution of Legislative Assembly under political instability

Key Case Laws


1.​ S.R. Bommai v. Union of India (1994) – Limits on Article 356 (President’s Rule) to
prevent arbitrary dismissal of state governments.
2.​ M. Karunanidhi v. Union of India – Doctrine of Repugnancy under Article 254 to
resolve conflicts between central and state laws.
3.​ Mahabir Prasad Sharma vs. Prafulla Chandra Ghose – Role of Speaker in deciding the
majority of the assembly.
4.​ State of Punjab vs. Sat Pal Dang – Speaker’s power in proroguing assembly.
5.​ K.A. Mathialagam v. P. Srinivasan – Speaker’s neutrality and right to office.
6.​ B.P. Singhal v. Union of India (2010) – Governor cannot be removed arbitrarily.
7.​ Shamsher Singh v. State of Punjab (1974) – Governor must act on advice of the
Council of Ministers.
Here’s a brief FILAC (Facts, Issues, Law, Analysis, Conclusion) for all the case laws mentioned
in the documents:

1. S.R. Bommai v. Union of India (1994 SCC (3) 1)

Facts:

●​ Several state governments were dismissed under Article 356 (President’s Rule) on
grounds of failure of constitutional machinery.
●​ The dismissal of Karnataka’s government led by S.R. Bommai was challenged in the
Supreme Court.

Issues:

1.​ Whether the imposition of President’s Rule under Article 356 was constitutionally
valid?
2.​ What are the limits on the President’s power to dismiss state governments?

Law Applied:

●​ Article 356 (Failure of constitutional machinery in a state)


●​ Doctrine of Federalism (Balancing state autonomy with Union control)

Analysis:

●​ The court ruled that President’s Rule cannot be imposed arbitrarily.


●​ The floor test in the Legislative Assembly is the only valid method to prove majority.
●​ Judicial review is applicable to President’s Rule decisions.

Conclusion:

●​ The arbitrary dismissal of state governments is unconstitutional.


●​ President’s Rule must be based on objective material and can be reviewed by courts.

2. M. Karunanidhi v. Union of India


Facts:

●​ A conflict arose between state laws passed by the Tamil Nadu government and
Central laws.
●​ The issue of repugnancy was raised under Article 254 of the Constitution.

Issues:

1.​ Can state laws override central laws in areas of concurrent jurisdiction?
2.​ How is the Doctrine of Repugnancy applied?

Law Applied:

●​ Article 254 – Central laws prevail over state laws in case of conflict.
●​ Doctrine of Repugnancy – Used to resolve contradictions between central and state laws.

Analysis:

●​ A state law can be valid only if it receives Presidential assent.


●​ If a central law occupies the entire field, then state law becomes void.

Conclusion:

●​ The doctrine of repugnancy was applied, and state laws were held invalid where they
conflicted with central laws.

3. Mahabir Prasad Sharma vs. Prafulla Chandra Ghose

Facts:

●​ In West Bengal, the Governor dismissed the Chief Minister and appointed another
government.
●​ The Speaker adjourned the Assembly sine die, declaring the Governor’s decision
unconstitutional.

Issues:

1.​ Does the Governor have the power to dismiss a Chief Minister?
2.​ Can the Speaker declare the Governor’s actions unconstitutional and adjourn the
Assembly?

Law Applied:

●​ Article 356 – President’s Rule


●​ Article 174 – Governor’s power to summon and dissolve Assembly

Analysis:

●​ The Governor’s decision to dismiss the CM was upheld.


●​ The Speaker has no authority to determine the validity of the Governor’s decision.

Conclusion:

●​ The Calcutta High Court held that the Speaker acted beyond his powers.
●​ The Governor’s actions were deemed valid.

4. State of Punjab vs. Sat Pal Dang

Facts:

●​ The Speaker of the Punjab Legislative Assembly rejected opposition’s challenge to a


newly formed government.
●​ The Governor prorogued the Assembly, leading to legal challenges.

Issues:

1.​ Can the Speaker refuse to entertain a no-confidence motion?


2.​ Was the Governor’s prorogation of the Assembly legal?

Law Applied:

●​ Article 209 – Legislative procedures


●​ Article 213 – Governor’s ordinance-making powers

Analysis:

●​ The Speaker’s decision to reject the no-confidence motion was invalid.


●​ The Governor’s decision to prorogue the Assembly was upheld.
Conclusion:

●​ The Governor’s act of proroguing the Assembly was valid.


●​ The Speaker’s discretionary powers cannot override legislative rules.

5. K.A. Mathialagam v. P. Srinivasan

Facts:

●​ In Tamil Nadu, Speaker K.A. Mathialagam was removed from office through a motion.
●​ He challenged the validity of the proceedings, arguing that he was unfairly removed.

Issues:

1.​ Was the removal of the Speaker unconstitutional?


2.​ Does the court have jurisdiction over legislative proceedings?

Law Applied:

●​ Article 178-181 – Powers of Speaker and Deputy Speaker


●​ Doctrine of Legislative Privilege – Courts generally avoid interfering in legislative
matters

Analysis:

●​ The Speaker serves at the pleasure of the majority.


●​ Courts cannot interfere in legislative removal processes unless procedural irregularities
are evident.

Conclusion:

●​ The Speaker’s removal was upheld.


●​ The Speaker is a servant of the House, not its master.

6. B.P. Singhal v. Union of India (2010)

Facts:
●​ Several Governors were removed by the Central Government after a change in political
leadership.
●​ The petitioners argued that Governors should not be removed arbitrarily.

Issues:

1.​ Can the Central Government remove a Governor at will?


2.​ What are the grounds for removing a Governor?

Law Applied:

●​ Article 156 – Governor serves at the pleasure of the President


●​ Judicial Review – Courts can intervene if removal is arbitrary

Analysis:

●​ The Governor can be removed, but not arbitrarily.


●​ The Central Government must provide reasons for removal.

Conclusion:

●​ Governors cannot be dismissed merely because a new government is in power.


●​ Arbitrary removals are unconstitutional.

7. Shamsher Singh v. State of Punjab (AIR 1974 SC 2192)

Facts:

●​ Two judicial officers were dismissed by the Punjab Government.


●​ The dismissal was signed in the Governor’s name, but the officers argued that the
Governor must act personally.

Issues:

1.​ Can the Governor exercise executive powers independently?


2.​ Must the Governor act on the advice of the Council of Ministers?

Law Applied:

●​ Article 163 – Governor must act on Ministerial advice


●​ Article 234 & 235 – Appointment and removal of judicial officers

Analysis:

●​ The Governor does not have independent discretion in executive matters.


●​ The Council of Ministers is the real executive authority.

Conclusion:

●​ The Governor must follow the advice of the Council of Ministers.


●​ The Governor’s personal satisfaction is not required in executive decisions.

Final Summary

Case Name Key Issue Conclusion

S.R. Bommai v. UOI President’s Rule (Art. Judicial review applies, floor test
356) misuse mandatory

M. Karunanidhi v. UOI State laws vs. Central Doctrine of Repugnancy applied


laws

Mahabir Prasad Sharma v. Governor’s power to Governor’s decision upheld,


P.C. Ghose dismiss CM Speaker cannot interfere

State of Punjab v. Sat Pal Speaker’s discretionary Speaker cannot override Assembly
Dang power rules

K.A. Mathialagam v. P. Removal of Speaker Speaker serves at pleasure of


Srinivasan House
B.P. Singhal v. UOI Governor’s arbitrary Cannot remove Governor without
removal valid reasons

Shamsher Singh v. State of Governor’s Governor must act on Ministerial


Punjab discretionary power advice

Let me know if you need further simplifications or additional details on any of these! 🚀

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