Relationship between Constitutional law and Administrative law

Constitutional Law

It is known that everything man people do is governed by rules. For example, there are rules for games and social clubs. Rules of morality and customs also play an important role to establish our day-to-day life. Rules that are made by legislatures, for the nation are called ‘laws’.

Laws in society are a must so our society can regulate its work properly. They are designed to safeguard our property and safeguard us and to ensure that everyone in society behaves in a proper manner.

Essentially, the Constitutional law is the supreme law. All other laws have to conform to the Constitutional law. Constitutional law contains laws concerning the government and its people.

Constitutional law is a body of laws that defines the role, powers, and structures of different entities of the State, namely, the legislature, the executive, and the judiciary, as well as the basic rights of citizens and, the relationship between the central government and state governments.

Constitutional law is a set of rules which can either be imposing or directive. It provides a way to regulate the nation by proposing a set of laws that shall be abided by the citizens of the country. It leads the country in the right direction without fail.

It includes various fundamental rights, fundamental duties, and directive principles. We need constitutional laws to regulate the system that prevails in the country.

It acts as an obligation on the citizens where they cannot go beyond its fundamental rights, which is a must so as to monitor the whole nation at a time.

Constitutional law creates a sense of equality amongst the citizens. It is like a parent to a child who imposes certain conditions but its sole purpose is the well-being of the child. The same way Constitutional law acts for its citizens.

Constitutional laws provide to some people who can either be elected or nominated for lawmaking depending upon the nation’s Constitutional provisions.

Constitutional law facilitates the head of the State to administer the whole country which is large, culturally, and linguistically diverse.

Administrative Law

Administrative law is the law that governs administrative actions. As per Ivor Jennings, administrative law is the law relating to administration. It determines the organization, powers, and duties of administrative authorities.

It includes law relating to the rulemaking power of the administrative bodies, the quasi-judicial function of administrative agencies, legal liabilities of public authorities and power of the ordinary courts to supervise administrative authorities.

It governs the executive and ensures that the executive treats the public fairly. Administrative law is a branch of public law. It deals with the relationship between individuals and the government.

It determines the organization and power structure of administrative and quasi-judicial authorities to enforce the law. It is primarily concerned with official actions and procedures and puts in place a control mechanism by which administrative agencies stay within bounds.

There are a few reasons for the development of administrative law in India.

Firstly, India is a ‘Welfare State’. Government activities have increased and thus the need to regulate the same.

Therefore, this branch of administrative law was developed. Secondly, there is the inadequacy of the legislatures. The legislatures have no time to legislate upon the ever-changing needs of society.

Even if it does, the lengthy and time taking legislation procedure would render the rule so legislated of no use as the needs would have changed by the time the rule is implemented.

Thirdly, there is a judicial delay in India. The judicial procedure of adjudicating matters is very slow, costly complex, and formal. Furthermore, there are so many cases already lined up that speedy disposal of suites is not possible.

Hence, the need for administrative tribunals arose.

Fourthly, as administrative law is not a codified law there is a scope of modifying it as per the requirement of the State machinery. Hence, it is more flexible. The rigid legislating procedures need not be followed again and again.

There is a basic difference between constitutional law and administrative law. Constitutional law is the supreme law of the land. No law is above the constitutional laws and hence must satisfy its provisions and not be in its violation.

Administrative law is therefore subordinate to constitutional law. Constitutional law deals with the structure of the State and its various organs.

Administrative laws deal only with the administration. Administrative authorities should first follow the constitutional laws and then work as per administrative law.

Rule of Law under Indian constitution Tnpsc Notes

Rule of Law under the Indian constitution, Tnpsc Notes

The rule of law means everyone is equal before the law, that is a concept of ‘equality before the law’, Irrespective of race, caste, religion, sex, etc. This feature is borrowed from the British Constitution.

The rule of law is a basic feature of our constitution, as it is a judicial review. The concept of ‘Rule of law’, coined by A.V. Dicey, a British Jurist. The rule of law is based on the following basic elements:

Absence of arbitrary Power – This says that no one should be punished unless that individual breaches the law.

Equality before the law – This says that everyone is equal before the law of the land that is protected by the law courts, irrespective of being rich or poor, caste, race, language, sex, etc.

Rule of law in India

The Supreme Court established that the ‘Rule of Law’ in Article 14 is a basic feature of the constitution and cannot be destroyed even by an amendment. The National Human Rights Commission has interpreted its functions established in Section 12 of the Act.

It is especially to include monitoring of the functioning of bodies of governance with the idea to ensure protection of human rights and to prevent human rights violations. NHRC also visualises its role to improve governance and strongly believes that good governance as per the constitution and “Rule of Law” alone will be effective for better protection of human rights.

Safeguards of liberty – Rule of law or equality in the eyes of the law is important to safeguard liberty and this is the bulwark against discrimination based on caste, class, colour, etc.

Earlier as per ‘locus standi‘, only the affected individual can approach the court for justice. But after the introduction of PIL, any citizen can approach the court for enforcing the rights of any person who is unable to go to court.

Now, PIL is absolutely necessary for maintaining the ‘Rule of Law’.

Principle	Explanation	Constitutional Basis
Equality Before Law	No one is above the law, and every citizen is equal before the law, ensuring fair treatment without discrimination.	Article 14 – Right to Equality
Supremacy of Law	The Constitution is the supreme law of India. Any law inconsistent with the Constitution is void.	Article 13 – Judicial review, fundamental rights
Due Process of Law	Individuals cannot be deprived of their rights or property without following legal procedures.	The power of the judiciary is to review laws and executive actions to ensure they conform to the Constitution.
Access to Justice	Every individual has the right to access courts and legal remedies for grievances.	Article 32 – Right to Constitutional Remedies
Judicial Independence	Courts must be free from influence or control by other branches of government to impart impartial justice.	Article 50 – Separation of Judiciary from Executive
Rule of Law and Fundamental Rights	The law must uphold the fundamental rights of individuals, ensuring protection from arbitrary actions.	Part III – Fundamental Rights
Accountability of the Government	Government actions must be in accordance with law, and no executive action can violate constitutional mandates.	Article 14 – Right to Equality, Article 21 – Right to Life
Judicial Review	The power of the judiciary to review laws and executive actions to ensure they conform to the Constitution.	Article 13 – Review of laws by the Judiciary

Supreme Court Judgements concerning ‘Rule of Law’

The Supreme Court declared that “Government of laws and not of men”, that is ‘Rule of law’ infamous Indira Nehru Gandhi case of 1975, also called an Election case. The Supreme Court also declared the ‘Rule of Law’ in various cases such as the S. Sampath Kumar Case of 1987, P. Sambamurthy Case of 1987, Indra Sawhney Case of 1992, and I.R. Coelho Case of 2007.

Exceptions to the Rule of Law in India

The president and governor of the state are immune to the ‘Rule of Law’ as per Article 361. The President and Governor are not answerable to any court for their work, performance, and duties done in his/her office.

During the tenure in his/her office, no criminal proceeding can be put against the president and governor in any court. The president and governor cannot be arrested or imprisoned during his/her tenure in office.

No civil case can be instituted against the President or Governor when he/she entered into the office, done even during the term of office, in any court until the expiration of two months next after the notice is delivered to him.

As per Article 361-A, there should be no criminal or civil proceeding against a person concerning the publication ina newspaper/radio/television of a significantly true report of the proceedings of Union or State legislature.

As per Article 105, no MP (Member of the Parliament) can be liable to any proceeding in any court for his speech or vote given in the Parliament or any committee.

Similarly, as per Article 105, no Member of the legislature of a state can be liable to any proceeding in any court for his speech or vote given in the Legislature or any committee.

The foreign rulers, ambassadors, and diplomats are exempt from criminal and civil proceedings. Similarly, the UNO and its agencies also enjoy diplomatic immunity.

Article 31-C is excepted from Article 14

Yes, it is generally stated that Article 31-C is an exception to Article 14 of the Indian Constitution. Here’s a breakdown of why:

Article 14: Equality Before Law

Guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.¹
Essentially ensures that all individuals are treated equally by the law.

Article 31-C: Saving of Laws Giving Effect to Certain Directive Principles

This article was inserted to ensure that laws made by the State to implement the Directive Principles of State Policy (DPSP) specified in Article 39(b) and (c) cannot be challenged in court on the grounds that they violate Article 14 (or Article 19, which guarantees certain freedoms).
Article 39(b) relates to the distribution of the material resources of the community to best subserve the common good.
Article 39(c) concerns preventing the concentration of wealth and means of production to the common detriment.

The Exception

Article 31-C explicitly states that if a law is enacted to further the goals of Article 39(b) or (c), it will not be deemed void even if it is inconsistent with Article 14.
This creates an exception to the principle of equality enshrined in Article 14, prioritising the implementation of these specific Directive Principles.

Historical Context and Evolution

Article 31-C was introduced through the 25th Amendment Act of 1971 to overcome challenges in implementing socio-economic reforms that were sometimes struck down for violating fundamental rights, including the right to equality.
Later, the 42nd Amendment Act of 1976 attempted to extend this protection to all Directive Principles, but this was partially struck down by the Supreme Court in the Minerva Mills case (1980).
Currently, the protection under Article 31-C is generally considered to apply only to laws aimed at implementing the principles laid down in Article 39(b) and (c).

In essence, Article 31-C carves out a specific area where the need to implement certain socio-economic policies (as outlined in Article 39(b) and (c)) is given precedence over the fundamental right to equality under Article 14.

Judiciary in India Tnpsc

Supreme Court of India

The Indian Constitution provides a three-tier Judicial system:

The Supreme Court (Supreme Court)
The High courts (State Level)
The District and Sessions court in the Judicial Districts.

The Indian constitution provides independence of the judiciary from the executive and the legislature. The Supreme court of India acts as the guardian of the constitution and solves even the disputes between the center and state, and also between the states.

The supreme court is the highest appellate court in all civil and criminal cases. It is also the responsibility of safeguarding and enforcing the fundamental rights and freedom of its citizen.

The USA has two sets of judiciary (one as federal and another for states). But India has only a unitary judiciary system, with the Supreme court as a top court or apex court.

And also supreme court has authority over all the courts.

The Sources of Law

The constitution is the source of law in India. The statutes enacted by the legislatures of Central, State, or Union Territories also become the law as long as it follows the basic of the constitution.

“Besides the subordinate legislations in the form of rules, regulations as well as by-laws of any administrative body, unless and until negated by the judiciary constitute the third source of law”.

Jurisdiction and Powers on the Supreme Court

The supreme court has the original, appellate, and advisory jurisdiction. The original jurisdiction of the supreme court extends to all cases which can originate in the supreme court. It includes the disputes between the state and the centre, and also state-state disputes.

The supreme court has both original and appellate jurisdiction, in disputes involving fundamental rights. The supreme court can issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

“The Supreme Court is the Highest or Apex Appellate Court in India, Where the appeals against the Judgements of High Courts can be made in both the civil and criminal cases”.

There are certain advisory powers are vested with the Supreme court. For a legislative measure, the President can seek advice from the Supreme Court. But the advice of the Supreme Court is not binding on the President by Article 143.

Advisory Jurisdiction – By Article 143, Authorises the president to get the opinion of the Supreme Court in Two Categories:

On many matter or question of law of public importance which has arisen or like to arise. Any dispute arising out of the Preconstitution Agreement or treaty, etc

Organization of the Supreme Court

The Supreme Court is established by the Constitution of India, Part V, Chapter IV. Articles 124 to 147 of the Constitution laydowns acts and powers of the Supreme court of India.

Originally the constitution provides for the Chief Justice and seven lower-ranking Judges. By 2008 the number of judges is increased from 8 to 30.

Appointment, Resignation and Impeachment of Supreme Court Judge

With the appointment of the supreme court judges, the Chief Justice of India should consult a “Collegium” of four senior-most judges of the Supreme Court. Then the Collegium makes the decision in consensus.

Every Judge of the Supreme court is appointed by the president after consulting the cabinet and supreme court judges. The supreme court Judges hold the office till they attain the age of 65 years.

If the judges of the Supreme court want to resign, they can give a handwritten signed resignation letter to the president of India. The Parliament can remove a Judge through an impeachment.

“A Judge of the Supreme Court tries an order of the president, after an address by each House of the Parliament supported by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of the house present and voting in the same session”.

How to become Supreme Court Judge

One must be a citizen of India and the qualification is per the Parliaments’ decision. The person should be a Judge of the High Court at least for a period of 5 years.

Or the person should be an advocate of a high court or of two or more such Courts in succession for at least 10 years. Or the person should be a distinguished Jurist, as the opinion of the President.

Other Facts about the Supreme Court of India

Appointments are generally made on the basis of Seniority. Justice K.G. Balakrishnan in 200 became the first Judge from the depressed class. IN 2007, he became the first Dalit Chief Justice of the Supreme Court of India.

The Supreme court under the present constitution of India started functioning on January 28, 1950. The Supreme court was then placed in the Chamber of Princes in the Parliament.

It moved to the present building in 1958. Harilal J.Kania was the first Chief Justice of the Supreme Court.

The other Judges who assumed office along with Harilal J.Kania are Justice Sayid Faze Ali, M.Pantanjali Sastri, Mehar Chand Mahajan, Bijan Kumar, Mukherjea, and S.R. Das

High Courts

The High Court is the top court of the state. At present, four high courts have jurisdiction over more than one state. Delhi alone has a high court of its own for a Union Territory.

On the other hand, Six union territories come under the Jurisdiction of the nearby state High courts. Example Puducherry is under Madras Court.

Each High Court comprises of a chief justice and other such judges as the President may appoint from time to time. The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the state.

In appointing other judges, the Chief Justice of that High court is also consulted. The retirement age of a high court judge is 62 years and is removable in the same manner as a Judge of the supreme court.

High Court Judge Qualification

Must be a citizen of India.
Must have held a judicial office in India for 10 years.
Or must have practised as an advocate of the high court.

Other Things concerning High Courts

To be considered for appointed, the high courts also have original and appellate jurisdictions, in the cases that arise within the state. Each High court has powers of Super Intendant over all courts within its jurisdiction.

Even though the High courts are part of a single and integrated judicial system, yet they are completely independent judicial institutions. The supreme court has no direct administrative control over the high court.

But the Judges may be transferred from one High Court to another by the President with the consultation with the Chief Justice of India.

The high also has the power to issue a Writ in cases involving the ‘Fundamental Right‘.

Legal Remedies for Safeguarding Fundamental Rights

Both the Supreme court and High court have the power to issue writs. Besides these writs, the High courts under Article 226, may issue other directions and orders in the interest of the Justice of the people.

Prerogative Writs in India Upsc

Judicial Review, Public Interest Litigation And Judicial Activism

Judicial Review

To safeguard the liberty and rights of the individual, judicial review is enshrined in the constitution. The supreme and high court is entrusted with the power of judicial review.

This extends to adjudicating upon the constitutionality of legislation as well as the legality of executive actions. The most daring exercise of judicial review was the invalidation by the supreme court of Bank Nationalization legislation.

The legislation which infringed the rights of the minorities to establish and administer their educational institutions has been struck down. The Judicial review has been extended to the reviewability of constitutional amendments by evolving the doctrine of the basic structure of the constitution.

In the administration of law, judicial review in India is very active. Article 13(2) believed that countrywide shall not create any regulation, those abbreviated or takes away the rights as deliberated in part-3 of the constitution.

If any rule was created against this clause of the constitution, it will be declared null or void. But in 2007, the Supreme court ruled laws included in this schedule after April 24, 1973, or now open to Judicial review cannot be conducted in respect of the laws incorporated in the 9th schedule.

Judicial review applies only to the questions of law. It cannot be exercised with respect to political issues. The supreme court does not use the power of judicial review of its own.

It can only use it when any law or rule is challenged before it.

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) in India Upsc

Constitutional Law, Administrative Law and Indian Penal Code

Functions of state government in India Upsc

Functions of state government in India

The Functions of state government in India are mentioned in Part VI of the Indian Constitution from Articles 153 to 167.

Within the jurisdiction of the State government, there are two lists one is a state list and another concurrent list.

The functions of state government are mentioned in the State List. This includes subjects like Public Health, Transport, Public order, Prison, Education, etc.

Accordingly, there are 61 subjects in the state list. Originally it was 66 subjects. These are mentioned in the 7th schedule of the constitution of India.

Click the below link to read the complete list of the 7th Schedule.

https://www.mea.gov.in/Images/pdf1/S7.pdf

Also, state governments have exclusive powers to legislate on those matters.

State government structure in India Upsc

Concurrent List

It is the list of subjects, where both state and centre have power over it. If there is a conflict between state and centre over a particular subject mentioned in the Concurrent List. Then centre will win over it.

In India, 52 Items are mentioned in the Concurrent List. It includes Criminal law, Marriage, and Divorce, Bankruptcy and insolvency, Forest, Protection of Wind animals and birds, etc.

Union Executive Tnpsc

Alright, let’s jazz this up and make the Indian Executive branch pop! Think of it as a vibrant infographic come to life.

Unpacking the Powerhouse: India’s Executive Branch 🇮🇳

Imagine a grand stage with several key players, all working (mostly!) in harmony to run the country. That’s essentially the Union Executive of India!

The Head of State: The President 👑

Think of the President as the symbol of India, the first citizen, representing the unity and integrity of the entire nation. Like the head on a coin, they embody the country.

What it Takes to be the President: Qualifications 💪

According to Article 58:

Must be a citizen of India. Simple enough! 🇮🇳
Must be at least 35 years young. Time to gain some wisdom! 🎂
Must be qualified to be a member of the Lok Sabha (the House of the People). They need to understand how Parliament works! 🏛️
No “office of profit” under the government. This means they can’t hold another paid government job while being President. One important job at a time! 💼➡️👑

How is the President Elected? 🗳️ (Not Your Usual Election!)

As per Article 52, it’s not a direct vote by all citizens. Instead, the Electoral College chooses the President. Think of it as a special team of voters:

Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha). 🏛️🏛️
Elected members of the Legislative Assemblies of the States. Every state gets a say! Assembly 🏘️
Elected members of the Legislative Assemblies of Delhi and Pondicherry (Union Territories with their own assemblies). Special representation! 🏙️🏖️

Key Election Facts:

Nomination Power: You need at least 50 electors to propose your name and another 50 to second it. It’s not easy to get on the ballot! ✍️✍️
Security Deposit: A ₹15,000 deposit is required, which you lose if you don’t get at least 1/6th of the votes. Skin in the game! 💰➡️🗑️ (if you don’t do well)
Secret Ballot & Single Transferable Vote with Proportional Representation: This is a fancy way of ensuring a fair outcome where your vote can move to your second preference if your first choice doesn’t win. Think of it like ranking your favourite ice cream flavours! 🍦➡️🍫➡️🍓
Electoral Quota: There’s a specific formula to determine the winning number of votes: Electoral Quota = Number of Electors to be Elected+1Total Valid Votes+1. This ensures the winner has a strong mandate. 📊

Taking the Oath: A Promise to the Nation 🙏

Before stepping into office, the President takes a solemn oath administered by the Chief Justice of India (or the senior-most Supreme Court judge in their absence). They swear:

To faithfully execute the office. 🤝
To preserve, protect, and defend the Constitution and the law. 🛡️📜
To devote themselves to the service and well-being of the people of India. ❤️🇮🇳

Presidential Perks: Entitlements and Immunity 🏡💰🛡️

Official Residence: They get to live in the magnificent Rashtrapati Bhavan in Delhi, rent-free! 🏰
Emoluments, Allowances, and Privileges: These are decided by the Parliament. They are well taken care of! 💸
Personal Immunity: They have legal protection for their official actions and are immune from criminal proceedings during their term. This allows them to perform their duties without fear of frivolous lawsuits. ⚖️🚫

Term, Impeachment, and Succession: The Presidential Cycle ⏳➡️🚪➡️🆕

Term of President:

A standard term of 5 years. 🗓️
Can resign at any time by writing to the Vice President. ✍️➡️📤
Can be removed before the end of their term through impeachment. 🚪
Can continue in office until their successor takes over. Continuity is key! ➡️🆕
Eligible for re-election. They can serve another term! 🔄

Impeachment of the President:

This is the process for removing a President for violating the Constitution (Article 61):

Charge in Either House: An impeachment charge is brought in either the Lok Sabha or Rajya Sabha, signed by at least 1/4th of the members of that house, with 14 days’ advance notice. 📜➡️🏛️
Special Majority: The resolution needs to be passed by a 2/3rd majority of the total membership of that house. This shows it’s a serious matter with broad support. 📊➡️✅✅
Investigation by the Other House: The other house then investigates the charges. They act like a jury. 🕵️‍♀️🕵️‍♂️
Another 2/3rd Majority: If the investigating house also passes a resolution for impeachment by a 2/3rd majority of its total membership, the President is removed from office from the date the resolution is passed. 🚪💥

Succession of the President:

If the President’s office becomes vacant due to:

End of their 5-year term 🗓️➡️🚪
Resignation ✍️➡️🚪
Impeachment 📜➡️🏛️➡️🚪
Death 💀➡️🚪
Disqualification 🚫➡️🚪
Election being declared void ❌➡️🗳️➡️🚪

Then:

An election to fill the vacancy must be held within six months. ⏱️➡️🗳️
The Vice President steps in as the acting President until a new President is elected. 🦸‍♂️➡️👑 (temporary)
If the Vice President is also unavailable, the Chief Justice of India takes over. 🧑‍⚖️➡️👑 (if needed)
If the Chief Justice is also unavailable, the senior-most judge of the Supreme Court acts as President. 👨‍⚖️➡️👑 (as a last resort)

Functions and Powers of the President: A Wide Reach! 🖐️

The President wears many hats:

Parliamentary Powers:
- Convenes, addresses, and prorogues (ends a session) Parliament. 🗣️🏛️
- Nominates 12 eminent members to the Rajya Sabha and up to two Anglo-Indian members to the Lok Sabha (though the Anglo-Indian nomination is currently inactive). ✍️➡️🏛️
- Has veto power over non-money bills (can send them back for reconsideration). 🚫➡️📜
- Can convene joint sessions of both houses. 🤝🏛️🏛️
- Can issue ordinances (temporary laws) when Parliament is not in session (for a maximum of six months). 📜➡️⏳
- Has veto power over certain state legislation. 🚫➡️ 📜
Executive Powers:
- Appoints the Prime Minister and facilitates the formation of the Council of Ministers. 🤝➡️🧑‍💼➡️ मंत्रिमंडल
- Appoints ministers and allocates portfolios (on the PM’s advice). ✍️➡️ 💼
- Can dismiss the ministry if they lose the majority support in the Lok Sabha. 🚪➡️
- Nominates members to various constitutional bodies (like the judiciary, armed forces, diplomats). ✍️➡️🧑‍⚖️🧑‍✈️🧑‍
Emergency Powers: Has significant powers during national emergencies (though these are used with caution). 🚨
- Can suspend laws and dissolve ministries/legislatures for specific periods. 🛑📜➡️🚪
Judicial Powers:
- Can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute sentences, especially capital punishments. 🕊️➡️🧑‍⚖️
Acting as President: When the Vice President, Chief Justice, or senior-most judge acts as President, they have all the powers and privileges of the President. Temporary Power-Up! 💪👑

The Second-in-Command: The Vice President 🥈

Inspired by the US system (Article 63), India has a Vice President, the second-highest office in the land.

Electing the Vice President: Another Special Vote 🗳️

The Vice President is elected by the elected members of both Houses of Parliament through a secret ballot using a proportional representation system with a single transferable vote. Similar to the Presidential election, but without the state assemblies. 🏛️🏛️➡️🗳️

Qualifications for the VP: Similar but Not Identical 💪

Must be a citizen of India. 🇮🇳
Must be at least 35 years old. 🎂
Must be eligible for election as a member of the Rajya Sabha. Different criteria than the President! 🏛️
Must not hold any office of profit. 💼➡️🥈

Terms of Office: Same Duration, Different Removal ⏳➡️🚪

Elected for a term of 5 years. 🗓️
Can resign by writing to the President. ✍️➡️📤
Can be removed by a resolution passed by the Rajya Sabha by an absolute majority and agreed to by the Lok Sabha. The Rajya Sabha takes the lead here! 🏛️➡️✅✅➡️🏛️➡️✅✅➡️🚪
Requires 14 days’ notice before such a resolution can be moved. 📜➡️⏳

Functions and Duties: Primarily the Rajya Sabha Chair 🏛️👨‍⚖️

The Vice President is the ex-officio Chairman of the Rajya Sabha (Article 64). This is their primary role! 🏛️👨‍⚖️
They preside over the meetings of the Rajya Sabha, maintaining order and decorum. 🗣️🏛️
Their powers as presiding officer are similar to the Speaker of the Lok Sabha. 🤝🗣️🏛️
They draw their salary as the Chairman of the Rajya Sabha, not as Vice President itself (the VP office doesn’t have a separate salary). 💰➡️🏛️👨‍⚖️
Acts as President if the President’s office becomes vacant (due to death, resignation, removal, etc.) until a new President is elected (for a maximum of six months). 🦸‍♂️➡️👑 (temporary)
While acting as President, they receive the President’s salary and don’t perform their duties as Chairman of the Rajya Sabha. Full Presidential Mode! 💪👑

The Real Powerhouse: The Prime Minister and the Council of Ministers 🧑‍💼🤝

While the President is the head of state, the Prime Minister is the head of the government and the real executive authority. India follows a parliamentary system, where the executive is responsible to the legislature.

The Union Executive: A Team Effort 🤝

Articles 52 to 78 of the Constitution deal with the Union Executive, which includes:

The President 👑
The Vice President 🥈
The Prime Minister 🧑‍💼 (The Captain!)
The Council of Ministers 🤝 (The Crew!)
The Union Cabinet 💼 (The Inner Circle!)
The Cabinet Secretary 🧑‍💼📝 (The Top Bureaucrat!)

The Prime Minister: First Among Equals (Primus Inter Pares) 🧑‍💼👑

Although part of the Council of Ministers, the Prime Minister holds a pre-eminent position, being the “first among equals.”

Appointment:

Article 75 states that the President appoints the Prime Minister. ✍️➡️🧑‍💼
However, this isn’t arbitrary. The President usually appoints the leader of the party or coalition that has a majority in the Lok Sabha. 🏛️➡️🧑‍💼
If no single party has a clear majority, the President appoints the person most likely to gain majority support. 🤝➡️🧑‍💼
The Prime Minister doesn’t have a fixed tenure. They stay in power as long as they have the support of the majority in the Lok Sabha. 💪🏛️

Functions and Position: The PM’s Wide Influence 🖐️

Forms the Ministry: Prepares a list of ministers and advises the President on their appointment. 📝➡️🤝➡️
Categorizes Ministers: Designates ministers as Cabinet Ministers (top rank, policy-making), Ministers of State (assist Cabinet Ministers), and Deputy Ministers (lower rank). Hierarchy in action!
Allocates Portfolios: Advises the President on assigning specific responsibilities (ministries) to the ministers. 💼➡️
Controls Departments: Can keep departments under their own charge and reshuffle portfolios as needed. 💼🔄
Leads the Majority Party: Is the leader of the party with the most seats in the Lok Sabha. 💪🏛️
Advises on Dismissal: Can advise the President to dismiss a minister or ask them to resign. 🚪➡️
Allocates Government Business: Distributes work among the ministers. 💼
Chairs the Cabinet: Presides over Cabinet meetings. 🗣️💼
Heads Key Bodies: Is the chairperson of important organisations like the Inter-State Council and the Nuclear Command Authority. 👑➡️
Coordinates Government Policy: Supervises all departments to ensure policy coherence. 🤝➡️💼
Resignation Impact: The resignation or death of the Prime Minister leads to the collapse of the entire Council of Ministers. Big responsibility! 💥➡️
Chief Communicator: Is the main channel of communication between the President and the ministers, and between the Parliament and the government. 🗣️🤝
Spokesperson on Foreign Affairs: Is the government’s primary voice on international matters. 🗣️🌍

The Prime Minister’s Office (PMO): The Engine Room ⚙️

An agency providing secretarial assistance and advice to the Prime Minister. Think of it as their personal support team. 🧑‍💼➡️📝💡
An extra-constitutional body (not directly mentioned in the original Constitution but evolved over time). 📜➡️⚙️
Has the status of a department of the Government of India. 🏢
Headed politically by the Prime Minister and administratively by the Principal Secretary. 🧑‍💼➡️📝
Previously known as the Prime Minister’s Secretariat (PMS) until 1977. 🕰️➡️⚙️

Functions of the PMO: Keeping Things Running Smoothly 🏃‍♀️

Assists the PM in overall responsibilities, communication with ministries and states. 🗣️🤝
Helps in their role as Chairman of Niti Aayog and the National Development Council (key policy bodies). 💡➡️
Manages the PM’s public relations (press, public). 📰🗣️
Handles references that need the PM’s attention. 📂➡️🧑‍💼
Provides assistance in examining cases for the PM’s orders. 🧐➡️🧑‍💼
Maintains relationships with the President, Governors, and foreign representatives. 🤝👑 губернатор 🌍
Acts as a think-tank for the Prime Minister, dealing with subjects not assigned to any specific ministry. 🧠💡
Does not handle Cabinet matters directly; that’s the Cabinet Secretariat’s job. 💼🚫➡️📝

The Central Council of Ministers: The Broader Team 🤝

Article 74 mandates a Council of Ministers headed by the Prime Minister to aid and advise the President, who generally acts on their advice. 🤝➡️👑
Always exists – there can’t be a President without a Council of Ministers. ➡️
Consists of three ranks of ministers:
- Cabinet Ministers: Key policy-makers hold important portfolios. 💼➡️
- Ministers of State: Assist Cabinet Ministers, may have independent charge of some departments. 💼➡️
- Deputy Ministers: Lower rank, assist Ministers of State or Cabinet Ministers. 💼➡️
The difference lies in rank, pay, and political importance. Hierarchy within the team!

Appointment of the Council of Ministers:

The Prime Minister is appointed by the President. ✍️➡️🧑‍💼
Other ministers are appointed by the President on the advice of the Prime Minister. ✍️➡️🤝➡️
Ministers hold office at the pleasure of the President, but in reality, the PM selects them. 👑➡️ (on PM’s advice)➡️
Shadow Cabinet: In some countries like England, the opposition forms a “shadow cabinet” to scrutinise the government, keeping them on their toes! 👤 ➡️👀➡️🔔

Council of Ministers: Responsibilities – Teamwork and Accountability! 🤝🏛️

Collective Responsibility: The entire Council is jointly responsible to the Lok Sabha for all government actions. If the Lok Sabha loses confidence in the government, the whole team goes! 🤝➡️🏛️➡️🚪
This means ministers should speak with a united voice in public and support government policies. 🗣️🤝
Individual Responsibility: Each minister is also individually responsible to the President for the performance of their department. 💼➡️👑➡️ accountability

Kitchen Cabinet: The Inner Circle Within the Inner Circle 🤫🍳

A smaller, informal body within the Cabinet, the real center of power for critical decisions. 💼➡️🍳
Every Prime Minister in India has had one. A trusted group for confidential discussions. 🧑‍💼➡️👂👂👂
Helps the PM maintain secrecy on important political issues. 🤫

For More information click “Indian Polity and Governance“

Governor of State in India Upsc

Governor of State in India

The Governor of the State of India has similar powers and functions at the state level as those of the President of India. The is also called Rajyapal.

He/She is the titular head of the state and the agent of the centre as the Union government nominates of Governor in each state.

Article 163

There shall be Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

The executive power of the state is vested Governor and all executive action in the state taken in the name of the governor.
But he has to act as the nominal head of the state due to parliamentary system.
As per article 153, there shall be governor for each state.
But an amendment of 1956 makes it appointed of the governor for two or more states.
The governor is not elected but appointed by the President and hold office at the pleasure of the president.

Here’s a table explaining Article 163 of the Indian Constitution:

Aspect	Details
Article Number	163
Title	Council of Ministers to aid and advise the Governor
Key Provisions	– There shall be a Council of Ministers, headed by the Chief Minister, to aid and advise the Governor. – The Governor must act in accordance with the advice provided by the Council of Ministers, except in matters where the Constitution requires the Governor to act at their own discretion.
Governor’s Discretion	– The Governor has discretionary powers in certain situations, such as the selection of a Chief Minister in a hung assembly or sending a report to the President under Article 356.
Scope of Application	Applicable to all states in India.
Significance	– Ensures that the Governor, though the nominal head, acts on the advice of the elected Council of Ministers. – Maintains the principle of parliamentary democracy at the state level.
Judicial Interpretation	– The discretionary powers of the Governor under Article 163 have been debated in several court cases, such as Samsher Singh v. State of Punjab (1974), which clarified that the Governor’s discretion is limited.

Eligibility of Governor

Aspect	Details	Relevant Article
Citizenship	Must be a citizen of India.	Article 157
Age	Must have completed 35 years of age.	Article 157
Office of Profit	Should not hold any office of profit under the Government of India, any state government, or any local authority.	Article 158(2)
Dual Governorship	A Governor can be appointed for more than one state simultaneously.	Article 153
Membership of Legislature	Should not be a member of either House of Parliament or a State Legislature at the time of appointment. If they are, they must vacate the seat upon appointment.	Article 158(1)
Other Restrictions	– Cannot hold any other office. – Cannot perform professional practices such as being part of a trade or business.	Article 158(2)
Term of Office	Holds office for a term of five years but can continue in office until a successor is appointed.	Article 156
Conditions of Office	– Entitled to an official residence without paying rent. – Salary and allowances are determined by Parliament and charged to the Consolidated Fund of India.	Article 158(3)

Term of Governor

The normal term of governor’s office shall be five years.
Governor continues in office till his successor joins the office.
Governor may lose his office by resignation or the dismissal by the president.
Governor gets his salary from the Consolidated Fund of the state which is non-votable in the State Legislature.
No Fixed Removal Process: The Governor does not have a fixed removal process like impeachment but serves at the President’s discretion.
Tenure Flexibility: While the term is specified as five years, it is not rigid due to the “pleasure of the President” clause.
Multiple States: A Governor can be appointed for more than one state simultaneously (Article 153).

Aspect	Details	Relevant Article
Tenure	The Governor holds office for a term of five years from the date of assuming office.	Article 156(3)
Continuance Beyond Term	The Governor continues to hold office beyond the five-year term until a successor is appointed.	Article 156(3)
At the Pleasure of the President	The Governor serves at the pleasure of the President of India and can be removed at any time without reason.	Article 156(1)
Resignation	The Governor can resign at any time by submitting a written resignation to the President.	Article 156(2)
Reappointment	A Governor is eligible for reappointment or appointment as Governor of another state.	Convention

Power and Functions of the Governor

The Governor is the head of the state executive and has enormous powers.
In the exercise of functions and powers, the Governors, except in some case is to be guided by a council of ministers headed by Chief Minister under Article 163.
The powers of the governor are divided into six, that are Executive, Legislative, Financial, Judicial, Discretionary and Miscellaneous Powers.

Executive Powers of Governor

All executive actions of the state government are formally taken in the name of the governor.
Governor appoints the Chief Minister and other ministers. They also hold office during his pleasure.
Governor appoints the Advocate-General of the state and determines his remuneration. The advocate general holds his office during the pleasure of the governor.
Governor appoints the State Election Commissioner and determines his condition of service and tenure of office.
Governor appoints the Chairman and Members of the State Public Service Commission. But they can be removed only by the President and not by the Governor.
Governor can seek any information relating to the affairs of the state and the proposals for legislation from the Chief Minister.
Governor can require the Chief Minister to submit for the consideration of the council of ministers on any matter.
Governor cam make rules specifying the manner in which the orders and other instruments made and executed in governors name, shall be authenticated.
Governor can make rules for the more convenient transaction of the business of the government and for the allocation among the ministers of the said business
Governor can recommend for the imposition of President’s rule in the state to the President under Article 356. During such rule, the governor enjoys extensive executive powers as an agent of the President.

Legislative Powers of Governor

Governor is an integral part of the state legislature. But he is not a member in either house of the legislature.
In this capacity the governor enjoys the following legislative powers:
Governor has the right to summon or prorogue the state legislature and dissolve the State Legislative Assembly.
Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year.
the governor can send messages to the house of the state legislature relating to a bill pending in the legislature.

FAQ

1.Who is rajyapal in India?

Rajyapal in India are the governors of state, who is titular head of the state.

State legislature in India Tnpsc

State legislature in India

The state legislature in India consists of the Governor, the Legislative Assembly, and the Legislative Council (Some States).

Some states have a bicameral legislature. The Lower house is called Legislative Assembly and the upper house is called the Legislative council.

At present, Andhra Pradesh, Bihar, Maharashtra, Uttar Pradesh, Karnataka, Telangana, and Jammu & Kashmir have Legislative Councils.

The Legislative council may be created or abolished in a state if the Legislative assembly of that state passes a resolution to that effect by the special majority, and the Parliament, consequently, enacts the law to that effect.

The maximum strength of the Legislative council cannot exceed the 1/3 number of the strength of the legislative assembly and the minimum strength of the council shall not be less than 40 members.

The one-sixth members of the total members of the Legislative Council are nominated by the Governor and the rest 5/6 are indirectly elected.

Among the elected members, 1/3rd are elected by electorates consisting of local bodies like municipalities and District boards.

The 1/12th members of the council are elected by electorates consisting of graduates of three years standing.

Again, 12th members are elected by electorates consisting of persons who have been for at least three years engaged in teaching in educational institutions which are not lower than a secondary school.

The remaining 1/3rd members of the Legislative are elected by the members of the Legislative Assembly.

The members nominated by the governor are persons who have special knowledge or practical experience in the fields of literature, science, art, the cooperative movement, and social service.

The Legislative council is a permanent house and is not subject to dissolution.

The 1/3 members of the Legislative council retire after 2 years.

The term of the member of the Legislative council is 6 years.

State legislative assembly

The maximum strength of the legislative assembly cannot exceed 500 and the minimum strength cannot be lower than 60 members.

The governor may nominate one member belonging to the Anglo-India community in the Legislative Assembly if he is convinced that the Anglo India community is not adequately represented in the Assembly.

The term of the legislative assembly is 5 years.

The legislative assembly can be dissolved before the expiry of its five years term by the Governor.

when the proclamation of national emergency is in operation under Article 352, the term of the Assembly may be extended by parliament for one year at a time which should not extend in any case beyond a period of six months after the Proclamation has been withdrawn.

the legislative assembly elects its speaker and Dy. Speaker and the Legislative council elects its chairman and Dy.Chairman.

The question as to the qualification and disqualification of a member of the state legislature is decided by the governor with the consultation of the election commission.

the legislative council can withhold money bills for only 14 days and ordinary bills for only three months. It can withhold a bill after reconsideration by the Legislative Assembly for a period of one month.

If the Legislative council and the Legislative Assembly disagree on a bill, there is no provision for a joint sitting to resolve the disagreement. The desire of the Legislative Assembly prevails in such a situation.

If a bill is passed by the Legislative council and presented to the legislative assembly and it is not passed by the assembly, the will come to an end.

State Legislative Council or Vidhan Parishad

It is an establishment that is defined in Article 169.

FAQ

Which state legislative assembly has the maximum strength?

Uttar Pradesh has largest assembly and it has 404 members in its assembly.

2. What is the maximum strength prescribed for state legislative assemblies?

The maximum strength prescribed for state legislative assembly is “It must not exceed 500 or its minimum strength should not fall below 60”.

2. Which state legislative assembly has minimum strength?

However an exception may be granted via an Act of Parliament. In the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
Goa is the smallest state whose legislative assembly with only 40 members.

4. Which state legislative assembly has two houses and How many legislative councils are there in India?

As of December 2020, there 6 legislative councils are there in India. The states are Andra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Citizenship in Indian Constitution Tnpsc Notes

Citizenship in the Indian Constitution

India is a secular, democratic nation-state. The Indian constitution provides full citizenship to all groups irrespective of what they belong to. The women, people from SC and ST, and remote communities from the Andaman and Nicobar Islands, who previously did not enjoy equal rights were given full citizenship rights.

The provisions about citizenship were found in Part II. By passing subsequent laws in the parliament, citizenship can be acquired by Birth, descent, registration, naturalisation or inclusion of territory.

Also, there are provisions that the state should not discriminate against citizens on grounds of race, sex, place of birth, caste etc. The rights of religious and linguistic minorities are also protected.

Citizenship

The word ‘Citizen’ is derived from the Latin term ‘Civis’, which means a resident of a city-state.
The Constitution of India provides for a single and uniform citizenship for the whole of India.
Articles 5 to 11 under part II of the constitution deal with citizenship.

Citizenship Act of 1955

The Citizenship Act of 1955 provides for the acquisition and loss of citizenship after the commencement of the constitution.
The Citizenship Act has been amended eight times so far.
Originally, the Citizenship Act (1955) also provided for commonwealth citizenship.
But this provision was repealed by the Citizenship (Amendment) Act 2003.

Acquisition of Citizenship

The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, such as birth, descent, registration, naturalization and incorporation of territory.
According to the Citizenship Act 1955, 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 in India by registration with the appropriate authority.
By Naturalization: A foreigner can acquire citizenship of India on application for naturalization to the Governor of India.
By Incorporation of Territory: 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 citizens of India.

Loss of Citizenship

The Citizenship Act of 1955 prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution viz, renunciation, termination and deprivation.

It can be voluntarily renounced by a citizen.
It can be terminated if a person acquires the citizenship of some other country.
The central government can deprive a naturalized citizen if it is satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years.

Single Citizenship

India adopted a system of single citizenship. There is no separate citizenship for states. All the people, irrespective of the state in which they are born or reside enjoy the same rights throughout India.

On the other hand, some federal states such as the US, Switzerland and Australia have dual citizenship. That is one is national citizenship and the other is state citizenship.

Facts about the Citizenship of India

A foreigner will have no political rights but will have legal obligations and protection.

Conclusion

This article is written for the Tnpsc on the topic “Citizenship”. This post covers What is Citizenship, How it is acquired in India and How one loses their citizenship in India. Also covers the Articles in the Indian constitution that deal with Citizenship in India.

Constitution of India Tnpsc notes

This is Tnpsc notes for the topic in the polity: Constitution of India

The Constitution is the fundamental law of the country. It reflects the fundamental principles on which government functions.

It is concerned with the distribution of powers between the various organs of the government and between the Union and the states. The concept of the constitution first originated in the USA.

Need for a Constitution

A constitution provides certain principles that form the basis of any kind of state that citizens desire to live in. The constitution will help fulfill the beliefs of different segments of citizens.

Making of the Indian Constitution

The Constitution of India was framed by a Constituent Assembly set up under the Cabinet Mission Plan, of 1946. The Assembly consisted of 389 members representing Provinces (292), the State (93), the Chief Commissioner’s provinces (3), and Baluchistan (1).

The Constituent Assembly held its first meeting on December 9, 1946. Dr. Sahchidananda Sinha, the oldest member, 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. 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.

B.R. Ambedkar is recognized as the ‘Father of the Constitution of India‘. The Constitution was finally adopted on November 26, 1949, and contained a Preamble, 22 parts, 395 Articles, and 8 Schedules, after the draft was discussed by the people, the press, provincial assemblies, and others.

The drafted constitution came into force on 26th January 1950, this day is known as Republic day. Prem Behari Narain Raizada was the calligrapher of the Indian Constitution. The original constitution was handwritten by him in a flowing italic style.

Features of the Constitution of India

Longest Constitution – It is the longest Constitution with 395 articles and 12 schedules. And 90 Articles were added after 1951. It is regularly amended and so far there has 104 amendments have been made as of January 2020.
The Constitution of Indian is drawn from different constitutions.
Has Federal and Unitary features
Federal Structure with strong Centre
Independence of Judiciary
Directive Principles of State Policy
It is considered as Flexible and Rigid

Salient features of Indian constitution Tnpsc

Philosophy of the Constitution

Constitution has values that are guided by the freedom struggle and nurtured by it. The sacrifice from the freedom struggle is the foundation of the democracy of India. These values are in the Preamble. The Preamble is a guide for all the articles of the Indian constitution.

The idea of the Preamble is inspired by the constitution of the USA.

Institutional Design of Our Constitution

The Constitution of India is not merely a philosophy, but it embodies an institutional arrangement. As said earlier it is the longest handwritten constitution and its needs to be amended regularly. The makers of the constitution felt that it should be made in accordance with changes in society and the aspiration of the people.

Also, the Makers of the constitution did not see it as a sacred or unalterable law similar to religious texts such as Bhagvat Gita, Bible or Quran. So they made provisions to incorporate changes and these changes were known as Amendments.

Like any other constitution, the Indian constitution law down a procedure and chooses a person to rule this country by democratic means. Also, it defines how much power a person has and to take political decisions.

Also, the constitution defines the limits of the governments and provides some basic rights to its citizens that can never be violated.

Download

1. Constitution of India tnpsc notes pdf

Attorney general of India Article 76 Upsc

Attorney general of India Article 76

The Attorney-general of India is the Chief legal advisor of the Indian government and its principal advocate before the Supreme court of India. He/She is the highest law officer in India.

Power of an attorney general in India

It is the duty to give advice to the Indian Government upon legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President and to discharge the functions conferred on him or under the constitution or any other law for the time being in force.

He is necessary for advising the Union Government on legal matters referred to him.He also performs other legal duties assigned by the President.

He is the highest law officer in the country and in performing his duties, he has a right of audience in all courts in the territory of India.

As well as the right to participate in the proceeding of the Parliament.

But no voting. He appears before the Supreme Court on behalf of the Government of India in all cases in which the Government of India is concerned.

He office during the pleasure of the President and receives such remuneration as the President determines from time to time.

Apart from him, the other law officers are the Solicitor General of India.

Attorney General of India

He is the highest law officer in the country. He is the Indian government’s chief legal advisor and primary lawyer for the government.

He is an advocate for the Indian government side. On the union cabinet’s advice, he is appointed by the president of India by Article 76(1).

Article related to Attorney General

Article 76 – provides the provision to appoint a law officer the Attorney general of India, by the President.

Article 143 – He represents the government of India in any reference made by the President to the Supreme Court.

He is the highest law officer in the country.

Appointment (AG)

AG is appointed by the president.

Qualification of Attorney General

He should be citizen of India.
He should be qualified to be appointed as a Judge of Supreme Court.
He should have been Judge of High court for five years or
An Advocate of High Court for 10 years or
An eminent Jurist in the opinion of President.

Term of Attorney General of India

It is fixed by the constitution. Also, the constitution does not contain any procedure and grounds for his removal. He can stay in the position during the pleasure of the President.

This means he can stay in position or can be removed at any time by the President. If he wants to resign from the post, he can give the resignation letter to the President.

But in India, He joins the post when the new government (Council of Ministers) is formed and he resigns when the ruling government ends its term.

Attorney general of India salary, Benefit or Remuneration

The salary of the Attorney general of India is not fixed by the constitution. But the remuneration is fixed may be determined by the President.

Highest law officer of State in India

Similarly, the states also have the highest law officer called the Advocate General of the state. It is mentioned in Article 165 and corresponds to the Attorney General of India.

He is appointed by the governor. He must be qualified to be appointed as a high court judge, also he must have held a judicial office for 10 years or advocate for 10 years in the high court.

His terms in office are not fixed by the constitution and his removal is not mentioned in the constitution. He holds the office per the pleasure of the governor.

He may also submit his resignation to the governor. Usually, the Advocate General of the state is changed when the new government is formed in the state.

His salary is not mentioned in the constitution but is determined by the governor.

Duties

Advice the state government on legal matters.
Has to appear any court within the state.
He can speak in Legislative assembly and also council. But he has no right to vote.
Also enjoys the priviledges of Member of state legislature (MLA)

FAQ

Who appoints advocate general of state in India?

The Governor of state shall appoint a person, who is qualified to be appointed as a Judge of High Court. The authority and function of the Advocate General are specified in Article 165 and Article 177 of the Indian Constitution.

2. What is the Advocate General’s role?

He/She (Advocate General) is the highest law officer in the state and is responsible to assist the state government is all its legal matters. And also protects and defends the state government in the court of law.