UNIT 2: THE THREE WINGS OF THE STATE

1. The Definition of State in the Constitution of India

The state in India refers to the political organization that has the authority to make and enforce
laws within its territory. The Indian Constitution defines the State broadly and includes three
primary branches: Legislature, Executive, and Judiciary. It also includes other organs of
governance such as the President, Governor, and local government bodies.
Constitutional Definition of State:
The State is defined in the Constitution of India under Article 12. According to this Article, the
State includes:
• The Government and Parliament of India (at the Centre).
• The Government and Legislature of States.
• Local authorities like Municipalities, Panchayats, and other public bodies.
This definition is important because it determines who is responsible for safeguarding the
Fundamental Rights of citizens. If any of these organs violate fundamental rights, citizens can
approach the Supreme Court or High Courts for protection.
Example: When the government or any public authority passes laws or enforces them, they are
acting as the state, and can be challenged in courts for violating citizens' rights.

2. Parliament, the State Legislature, and the Making of Laws

Parliament: The Parliament of India is the supreme legislative body of the country. It is
bicameral, meaning it has two Houses:
1. Lok Sabha (House of the People):
o Consists of directly elected representatives from each constituency in India, with
members serving a 5-year term.
o The majority party or coalition in Lok Sabha forms the Executive.
o The Speaker of Lok Sabha oversees its functioning.
o Key functions: Making laws, approving the budget, and scrutinizing the
executive.
2. Rajya Sabha (Council of States):
 o A permanent body with members elected indirectly by State Legislatures and
Union Territories, serving a six-year term. One-third of its members retire every
two years.
o It represents the States and Union Territories.
o The Vice President of India serves as its ex-officio Chairman.
o Key functions: Reviewing and amending legislation, including those passed by
the Lok Sabha.
State Legislature: Each state in India has its own legislature, typically bicameral (except in some
states like Jammu and Kashmir and Kerala). It consists of:
• Vidhan Sabha (Legislative Assembly): Lower house with directly elected members.
• Vidhan Parishad (Legislary Council): Upper house, indirectly elected or appointed.
Making of Laws:
• Lawmaking Process: The Parliament and State Legislatures make laws in their respective
areas of jurisdiction, as defined by the Constitution. These include subjects listed in the
Union List, State List, and Concurrent List under the Seventh Schedule.
• Procedure:
o Introduction of a Bill: A bill can be introduced in either house of Parliament or the
State Legislature. Bills can be introduced by the government (government bills) or
by private members (private member bills).
o Debate and Voting: The bill is debated in the respective House and can be
amended or passed. The bill must pass in both Houses (Lok Sabha and Rajya
Sabha) before it is sent to the President for assent.
o Presidential Assent: After the bill is passed by both Houses, it is sent to the
President. Once signed, the bill becomes an Act of Parliament and has the force of
law.
Case Law: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that
Parliament has the power to amend the Constitution, but cannot alter its "basic structure." This
principle has had a significant impact on lawmaking in India.

3. Concept of Cooperative Federalism

Federalism refers to the distribution of powers between the central (Union) and state
governments. In a federal system, both levels of government operate within their own spheres of
authority, while also working together in certain areas.
Cooperative Federalism:
 • The Indian model of federalism is described as cooperative federalism because it
emphasizes the cooperation and coordination between the central and state governments
rather than a rigid separation of powers.
• While the Seventh Schedule of the Constitution divides the legislative powers between
the Union and States into three lists (Union List, State List, and Concurrent List), the
concept of cooperative federalism focuses on joint decision-making and consultation
between both levels of government.
Key Features of Cooperative Federalism:
1. Inter-State Council: Created under Article 263, it facilitates dialogue and coordination
between the Union and State governments.
2. Centralized Financial System: The Union government has the power to collect taxes and
allocate financial resources to states, ensuring that all states, even those with fewer
resources, can function effectively.
3. Central Assistance to States: The Union government assists states financially through
grants, schemes, and financial devolution via the Finance Commission.
4. Residuary Powers: Under Article 248, the Union Parliament has the power to legislate on
matters not enumerated in the Union or State Lists (residuary powers).
Example: The Goods and Services Tax (GST) is a prime example of cooperative federalism,
where the Union and States worked together to introduce a single unified tax system across the
country.
Case Law: In S.R. Bommai v. Union of India (1994), the Supreme Court emphasized the concept
of federalism, recognizing that while India has a strong central government, it also recognizes the
importance of state autonomy.

4. The Executive and Administration

The Executive:
The executive branch of government is responsible for the implementation of laws and policies.
It is headed by the President of India, but in practice, it is led by the Prime Minister and the
Council of Ministers.
1. The President:
o The Head of State with ceremonial powers, elected indirectly by an electoral
college (comprising the elected members of both houses of Parliament and State
Legislative Assemblies).
o Powers include: Promulgation of ordinances, appointment of Prime Minister,
dissolution of Lok Sabha, etc.
 2. Prime Minister:
o The Head of Government, appointed by the President.
o Leads the Council of Ministers, which is responsible for running the executive
branch.
o Coordinates the activities of government departments, determines the policy
agenda, and represents India internationally.
3. Council of Ministers:
o Composed of Cabinet Ministers, Ministers of State, and Deputy Ministers. They
are appointed by the President on the advice of the Prime Minister.
o They head various government ministries and departments, formulating policies
and implementing them.
Administration:
• The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Foreign
Service (IFS) are examples of the civil services that assist in the administration. These
services implement government policies at various levels.
• The civil services are impartial, permanent, and work under the direction of the political
executive.

5. Role of the Governor and the President of India

The President of India:
• The President is the formal head of the state and represents the country at the national and
international levels. The President is elected for a 5-year term.
• The powers of the President are mostly ceremonial, with real executive power vested in
the Prime Minister and the Council of Ministers.
• The President acts on the advice of the Prime Minister, except in some cases (e.g., the
President's discretion in dissolving Lok Sabha or in dismissing a Prime Minister in
certain situations).
The Governor:
• The Governor is the head of the State in India and represents the President in the state.
Every state in India has a Governor.
• The Governor’s role is similar to that of the President, but within the state. The Governor
appoints the Chief Minister and other ministers, ensures the administration runs
smoothly, and has the power to dissolve the state assembly.
 • The Governor acts on the advice of the Council of Ministers, except in some cases, like in
Article 356 (President’s Rule) when the Governor’s discretion may be used.

6. The Judiciary
Role and Structure:
The Judiciary is the third branch of the government, independent of the legislature and executive.
It interprets laws, protects fundamental rights, and resolves disputes.
1. Supreme Court:
o The highest judicial body in India, established under Article 124 of the
Constitution.
o It has original jurisdiction (in disputes between states or between the state and
Union) and appellate jurisdiction (appeals from lower courts).
o The Supreme Court also has the power to review laws for their constitutionality
(Judicial Review).
o It consists of the Chief Justice of India (CJI) and other Judges appointed by the
President.
o The Supreme Court plays a key role in protecting fundamental rights by hearing
writ petitions.
2. High Courts:
o Each state (or group of states) has a High Court, which hears appeals and cases
related to civil, criminal, and constitutional issues.
o High Courts have the power of judicial review and can declare laws
unconstitutional.
3. Lower Courts:
o These include District Courts, Sessions Courts, and Magistrate Courts. They
handle day-to-day legal matters at the local level.
Case Law: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established the
doctrine of the "Basic Structure" of the Constitution, asserting that no amendment can alter the
Constitution’s core principles.