The States Articles 152 to 237 : Indian Contitution Part 6

Contents Overview

The States Articles 152 to 237: An Overview of Part 6 of the Indian Constitution

Introduction

Part 6 of the Indian Constitution, comprising Articles 152 to 237, focuses on “The States.” This section lays the foundation for the structure, governance, and functioning of state governments in India. Understanding these articles is crucial for grasping the federal framework of the country, where powers are distributed between the Union and the States. In this article, we will explore the significance, provisions, and implications of The States Articles 152 to 237, highlighting their role in the Indian constitutional framework.

Historical Context

The Indian Constitution was designed to create a balance of power between the central and state governments, recognizing India’s diversity and federal nature. The framers sought to establish a system where states could exercise autonomy while adhering to the broader national framework. The provisions in Articles 152 to 237 reflect this vision, ensuring that each state can function effectively while maintaining harmony within the Union.

Overview of The States Articles 152 to 237

Article 152: Application of Part VI

Article 152 clarifies that the provisions of this Part apply to the states of India, except for the Union territories. This sets the stage for defining the structure and powers of state governments.

Article 153: Governors of States

This article mandates that each state shall have a Governor, who serves as the constitutional head of the state. The Governor plays a critical role in the functioning of the state government and acts on the advice of the Council of Ministers.

Article 154: Executive Power of the State

Article 154 grants the Governor the executive power of the state, which is exercised either directly or through officers subordinate to him. This provision emphasizes the Governor’s role in the administration of the state.

Article 155: Appointment of Governors

The President of India appoints the Governors of states, ensuring a connection between the central and state governments. This appointment reflects the Union’s authority while allowing states to have a head of their own.

Article 156: Term of Office of Governor

This article stipulates that a Governor holds office for a term of five years but is eligible for reappointment. This ensures continuity while allowing for changes in leadership when necessary.

Article 157: Qualifications for Governor

Article 157 outlines the qualifications required for a person to be appointed as Governor, including age, citizenship, and absence of disqualifications. These criteria ensure that the Governor possesses the requisite stature and experience.

Article 158: Conditions of Governor’s Office

This article specifies the conditions under which a person may not hold office as Governor, ensuring the integrity and impartiality of the position.

Article 159: Oath or Affirmation by Governor

Before entering office, the Governor must take an oath or affirmation to preserve, protect, and defend the Constitution and the law, reinforcing their commitment to uphold the democratic framework.

Article 160: Discharge of Governor’s Functions

Article 160 provides for the exercise of the Governor’s functions when the office is vacant, ensuring continuity in governance. It allows the President to delegate certain powers to the Governor in this regard.

Article 161: Power of Governor to Grant Pardons

This article empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment, similar to the President at the national level. This power acts as a check on judicial authority and provides a means of justice.

Article 162: Legislative Power of the State

Article 162 grants the Governor the power to legislate by ordinance when the state legislature is not in session. This ensures that the state government can respond quickly to urgent matters.

Article 163: Council of Ministers to Aid and Advise Governor

This article emphasizes that the Governor must act according to the advice of the Council of Ministers, ensuring the principle of collective responsibility in the state government.

Article 164: Council of Ministers

Article 164 establishes the Council of Ministers, headed by the Chief Minister, as the executive body responsible for administering the state. The Council plays a critical role in governance and policy-making.

Article 165: Advocate General for the State

This article establishes the office of the Advocate General, who serves as the chief legal advisor to the state government. The Advocate General represents the state in legal matters and provides counsel to the government.

Article 166: Conduct of Business of the Government of a State

The article 166 outlines how the business of the state government is to be conducted, emphasizing efficiency and accountability in administrative processes.

Article 167: Duties of Chief Minister

This article specifies the duties of the Chief Minister, including communicating government decisions to the Governor and ensuring effective functioning of the Cabinet.

Article 168: Constitution of Legislatures in States

The article 168 provides for the establishment of legislatures in the states, which may consist of one or two Houses, depending on the state’s size and needs.

Article 169: Abolition or Creation of Legislative Councils

This article empowers Parliament to abolish or create legislative councils in states, allowing for flexibility in the legislative structure based on the state’s requirements.

Article 170: Composition of Legislative Assemblies

The article 170 outlines the composition of the Legislative Assemblies in states, specifying the number of representatives based on population and ensuring adequate representation.

Article 171: Composition of Legislative Councils

This article details the composition of Legislative Councils in states that have a bicameral legislature, emphasizing representation from various sectors of society.

Article 172: Duration of Houses

The article 172 specifies the duration of the Legislative Assembly and Legislative Council, setting terms of five years for the Assembly and staggered terms for the Council.

Article 173: Qualification for Membership of the Legislature

This article outlines the qualifications required for membership in the state legislature, ensuring that elected representatives meet certain standards.

Article 174: Sessions of the State Legislature

The article 174 mandates that the Governor must summon the state legislature to meet at least once a year, ensuring regular legislative sessions.

Article 175: Address by Governor

This article requires the Governor to address the state legislature at the commencement of the first session each year, outlining the government’s agenda and priorities.

Article 176: Special Address by Governor

The Article 176 provides for a special address by the Governor at the commencement of the first session after each general election, reinforcing the connection between the Governor and the legislature.

Article 177: Right of Governor to Attend Legislative Meetings

This article grants the Governor the right to attend meetings of the state legislature, ensuring direct involvement in legislative proceedings.

Article 178: Speaker and Deputy Speaker of Legislative Assembly

The Article 178 establishes the positions of the Speaker and Deputy Speaker of the Legislative Assembly, detailing their roles in maintaining order and decorum.

Article 179: Vacation of Seats

This article outlines the conditions under which seats in the state legislature may become vacant, ensuring clarity in the process of filling vacancies.

Article 180: Provisions for Joint Sitting

The Article 180 provides for a joint sitting of both Houses of the state legislature in case of a disagreement on a bill, facilitating cooperation and consensus.

Article 181: Leader of Opposition

This article provides for the appointment of a Leader of Opposition in the state legislature, ensuring balanced representation of political viewpoints.

Article 182: Rights of Speaker

The Article 182 defines the rights and powers of the Speaker of the Legislative Assembly, including the authority to regulate proceedings and maintain order.

Article 183: Sessions of Legislative Assembly

This article outlines the procedures for convening sessions of the Legislative Assembly, ensuring effective legislative functioning.

Article 184: Voting in Houses

The Article 184 specifies the procedures for voting in both Houses of the state legislature, ensuring democratic decision-making processes.

Article 185: Privileges of Members

This article outlines the privileges and immunities granted to members of the state legislature, ensuring they can perform their duties without undue interference.

Article 186: Salaries and Allowances

The Article 186 addresses the salaries and allowances of members of the state legislature, ensuring adequate compensation for their public service.

Article 187: Provisions for Legislation

This article details the process for introducing legislation in the state legislature, outlining the procedures for passing bills.

Article 188: Joint Sittings

This article reiterates the provisions for joint sittings of the state legislature, ensuring cooperation in legislative processes.

Article 189: Money Bills

The Article 189 defines Money Bills and the procedures for their introduction and passage in the state legislature, ensuring financial accountability.

Article 190: Definition of Money Bill

This article clarifies the definition of Money Bills, distinguishing them from other types of legislation.

Article 191: Assent to Bills

The Article 191 outlines the procedures for the Governor’s assent to bills passed by the state legislature, emphasizing the checks and balances in the legislative process.

Article 192: Annual Financial Statement

This article mandates the presentation of the annual financial statement, ensuring transparency in state finances.

Article 193: Appropriation Bills

The Article 193 details the procedures for passing Appropriation Bills in the state legislature, ensuring proper allocation of funds.

Article 194: Supplementary Grants

This article provides for supplementary grants to meet unforeseen expenditures at the state level, ensuring fiscal flexibility for the government.

Article 195: Expenditure in Advance

The Article 195 allows for expenditure in advance of the grants approved by the state legislature, ensuring continuity in government operations.

Article 196: Money Bills and Finance Bills

This article clarifies the distinctions between Money Bills and Finance Bills at the state level, ensuring proper legislative procedures.

Article 197: Procedure for Passing Finance Bills

The Article 197 outlines the procedures for passing Finance Bills in the state legislature, emphasizing accountability in financial matters.

Article 198: Rules of Procedure

This article empowers the state legislature to make rules for its procedure, ensuring orderly conduct of legislative business.

Article 199: Sessions of the State Legislature

This article reiterates

the provisions for convening sessions of the state legislature, ensuring effective legislative functioning.

Article 200: Restriction on Discussion

The Article 200 places restrictions on discussions in the state legislature regarding judicial decisions, ensuring the independence of the judiciary.

Article 201: Courts Not to Interfere

This article asserts that courts cannot interfere in the proceedings of the state legislature, ensuring the separation of powers.

Article 202: Ordinance-Making Power of the Governor

The Article 202 empowers the Governor to promulgate ordinances when the state legislature is not in session, ensuring prompt legislative action.

Article 203: Establishment and Constitution of High Courts

This article establishes the High Courts of the states, outlining their composition and powers.

Article 204: Salaries and Allowances of High Court Judges

The Article 204 addresses the salaries and allowances of High Court judges, ensuring adequate compensation for their service.

Article 205: Appointment of Acting Chief Justice

This article provides for the appointment of an acting Chief Justice when the position is vacant, ensuring continuity in the judiciary.

Article 206: Appointment of Additional Judges

The Article 206 empowers the Governor to appoint additional judges to the High Court as necessary, ensuring judicial efficiency.

Article 207: Power of Chief Justice to Appoint

This article grants the Chief Justice the authority to appoint judges to the High Court in certain circumstances.

Article 208: High Court to be a Court of Record

The Article 208 designates the High Court as a court of record, ensuring the preservation of its judgments and proceedings.

Article 209: Original Jurisdiction of the High Court

The Article 209 defines the original jurisdiction of the High Court in disputes between states or between the Union and states.

Article 210: Appellate Jurisdiction of the High Court

This article outlines the appellate jurisdiction of the High Court, allowing it to hear appeals from lower courts.

Article 211: Appeals to High Court in Certain Cases

The article 211 details the conditions under which appeals can be made to the High Court, ensuring judicial oversight.

Article 212: Appeals to High Court in Criminal Cases

This article specifies the procedures for appeals in criminal cases to the High Court, ensuring justice in the legal system.

Article 213: Jurisdiction and Powers of High Court

The article 213 provides for the jurisdiction and powers of the High Court, ensuring its authority in legal matters.

Article 214: Special Leave to Appeal

This article empowers the High Court to grant special leave to appeal in certain cases, ensuring justice is served.

Article 215: Power to Review

The article 215 grants the High Court the power to review its judgments, ensuring the ability to correct errors.

Article 216: Powers of High Court to Transfer Cases

This article empowers the High Court to transfer cases from one subordinate court to another, ensuring judicial efficiency.

Article 217: Conferment of Powers

The article 217 allows for the conferment of powers on the High Court to hear matters of public interest.

Article 218: Power to Make Rules

This article empowers the High Court to make rules for regulating its own procedures.

Article 219: Law Declared by High Court

The article 219 establishes that the law declared by the High Court shall be binding on all courts in the state, ensuring uniformity in legal interpretation.

Article 220: Enforcement of Orders

This article empowers the High Court to pass any order necessary for doing complete justice, reinforcing its authority.

Article 221: Advisory Jurisdiction

The article 221 provides for the High Court’s advisory jurisdiction, allowing it to give advice to the Governor on legal matters.

Article 222: Civil and Judicial Authority

This article emphasizes the authority of the High Court to exercise civil and judicial powers.

Article 223: Rules of the High Court

The article 223 empowers the High Court to make rules for its own procedure and the procedures of the courts subordinate to it.

Article 224: Appointment of Officers and Servants

This article provides for the appointment of officers and servants of the High Court, ensuring efficient administration.

Article 225: Interpretation of Constitution

The article 225 allows for the interpretation of the Constitution, ensuring clarity in legal provisions.

Article 226: Comptroller and Auditor General of India

This article establishes the office of the Comptroller and Auditor General, ensuring financial accountability in government operations.

Article 227: Duties of Comptroller and Auditor General

Article 227 outlines the duties of the Comptroller and Auditor General, ensuring transparency in financial matters.

Conclusion

The States Articles 152 to 237 are integral to the Indian Constitution, establishing the framework for state governance and the functioning of state legislatures. These articles ensure a balance of power, accountability, and democratic governance at the state level, reinforcing the principles enshrined in the Constitution.

Understanding these provisions is essential for citizens, lawmakers, and public officials alike, as they navigate the complexities of governance and uphold the rule of law. As India continues to evolve, the principles outlined in The States Articles 152 to 237 will remain central to fostering a just and equitable society, ensuring that democracy thrives and the rights of all citizens are upheld. By adhering to the framework established in this Part, states can strive toward achieving their constitutional goals and maintaining a harmonious relationship with the Union.

The Constitution of India, adopted on January 26, 1950, is the supreme law of India and establishes the framework for the country’s political and legal system. It outlines the structure of government, fundamental rights, and duties of citizens, as well as the distribution of powers between the central and state authorities. The Constitution is notable for its length and comprehensive nature, incorporating elements from various global legal systems. It aims to promote justice, liberty, equality, and fraternity among all citizens, reflecting India’s commitment to democratic governance and social justice. “Learn Constitution of India on Wikipedia.”