CONSTITUTION OF INDIA

UNIT-3 STRUCTURE AND FUNCTION OF STATE GOVERNMENT

In India, the state governments are the level of government below the central government. Each
state of the country is governed by the state government. There are 28 state governments in our
country, each of which is headed by the governor and the chief minister. The CM also heads the
council of ministers.

Structure of the state government

Executive:
State Executive comprises the governor and the chief minister with his council of Ministers. The
Governor of each state is appointed by the President for a period of five years. Executive power
of the state is vested in the governor. But the actual powers for proper functioning of the state are
vested in the CM and his council of ministers.

Judiciary:
State high courts have jurisdiction over the whole state. In the states, the judicial setup is headed
by the chief justice. He manages and controls the entire judicial system of the state pertaining to
criminal, civil and all other forms of litigation. State high courts have to, however, report to the
Supreme Court of India, which may override the high court‟s findings and judgements.

Legislature:
Each state has a legislative assembly. It consists of the governor and one House or two Houses,
as the case may be. In seven states, the state government‟s legislature is bicameral. These states
are Bihar, Andhra Pradesh, Telangana, Jammu and Kashmir, Karnataka, Maharashtra and Uttar
Pradesh. These states have two Houses known as legislative council and legislative assembly.
The rest of the states are unicameral. There is only one House known as legislative assembly.
State Legislature or State Assemblies are headed by the CM.
 Legislature has two divisions

Vidhan Parishad or Legislative Council

 Not more than one-third of total number of members or 40 members in legislative assembly of
the state, except in J&K with 36 members.
 Elected members are called Member of Legislative Council (MLC)
 Elected by Governor, MLAs, standing graduates etc.
 No MLC can be member of Cabinet of Ministers.
Vidhan Sabha or Legislative Assembly
 Not more than 500 and not less than 60 members (an exception is the Legislative Assembly of
Sikkim. It has 32 members)
 Fixed number of seats in every state.
 Different number of seats for different states
 Elected members are called Members of Legislative Assembly (MLA)
 Elected by the people of that state
Roles and Responsibilities of the state governments
State governments have separate departments for proper functioning of the state. States have
jurisdiction over education, agriculture, public health, sanitation, hospitals and dispensaries and
many other departments.
 Internal security: The state governments have to maintain the internal security, law and order in
the state. Internal security is managed through state police.
 Public order: States have jurisdiction over police and public order
 Education: Providing a public education system, maintaining school buildings and colleges,
employment of teachers, providing help to under privileged students all come under the
education department of the state.
 Agriculture: The state governments have to provide support for farmers, funds for best farming
practices, disease prevention and aid during disasters such as floods or droughts.
 Finances: State legislature handles the financial powers of the state, which include authorisation
of all expenditure, taxation and borrowing by the state government. It has the power to originate
money bills. It has control over taxes on entertainment and wealth, and sales tax.
 Reservation of bills: The state governor may reserve any bill for the consideration of the
President.
 Transport: State government runs the trams, bus and ferry services and other public
transportation in the cities and towns of the States.
 Water supply: Water supply to cities and towns for drinking, including irrigation for farmers, is
the responsibility of the State governments.
 Budget: State governments make budget for state.
Allocation of funds: It has the power to give funds to all its organizations like corporation, and
other departments

Complete list of 28 States:

S.NO State Capital CM Governor

YS Jagan Mohan Biswa Bhusan

1 Andhra Pradesh Amaravati
Reddy Harichandan

Arunachal
2 Itanagar Pema Khandu B. D. Mishra
Pradesh

Sarbananda
3 Assam Dispur Jagdish Mukhi
Sonowal

4 Bihar Patna Nitish Kumar Phagu Chauhan

5 Chhattisgarh Raipur Bhupesh Baghel Sushri Anusuiya Uikey

6 Goa Panaji Pramod Sawant Satya Pal Malik

7 Gujarat Gandhinagar Vijaybhai R. Rupani Acharya Dev Vrat

8 Haryana Chandigarh Manohar Lal Satyadev Narayan Arya

Himachal
9 Shimla Jairam Thakur Bandaru Dattatraya
Pradesh
10 Jharkhand Ranchi Raghubar Das Droupadi Murmu

11 Karnataka Bengaluru B. S. Yediyurappa Vajubhai Vala

12 Kerala Thiruvananthapuram Pinarayi Vijayan Arif Mohammed Khan

Madhya
13 Bhopal Kamal Nath Lal Ji Tandon
Pradesh

14 Maharashtra Mumbai Devendra Fadnavis Bhagat Singh Koshyari

Padmanabha Balkrishna
15 Manipur Imphal N. Biren Singh
Acharya

Conrad Kongkal
16 Meghalaya Shillong Tathagata Roy
Sangma

17 Mizoram Aizawl Pu Zoramthanga P.S. Sreedharan Pillai

18 Nagaland Kohima Neiphiu Rio R. N. Ravi

19 Odisha Bhubaneswar Naveen Patnaik Ganeshi Lal

Capt. Amarinder
20 Punjab Chandigarh V.P. Singh Badnore
Singh

21 Rajasthan Jaipur Ashok Gehlot Kalraj Mishra

22 Sikkim Gangtok PS Golay Ganga Prasad

23 Tamil Nadu Chennai Thiru M.K.Stalin Banwarilal Purohit

K Chandrasekhar
24 Telangana Hyderabad Tamilisai Soundararajan
Rao

25 Tripura Agartala Biplab Kumar Deb Ramesh Bais

26 Uttar Pradesh Lucknow Yogi Aditya Nath Anandiben Patel

Trivendra Singh
27 Uttarakhand Dehradun Baby Rani Maurya
Rawat

28 West Bengal Kolkata Mamata Banerjee Jagdeep Dhankhar

Complete list of 8 Union Territories:

S.NO Union Territories Capital CM Lt. Governor

1 Andaman and Nicobar Island Port Blair NA D K Joshi

V.P. Singh
2 Chandigarh Chandigarh NA
Badnore

Dadra and Nagar Haveli and

3 Daman NA Praful Patel
Daman and Diu

4 Delhi Delhi Arvind Kejriwal Anil Baijal

Radha Krishna
5 Ladakh NA NA
Mathur

6 Lakshadweep Kavaratti NA Farooq Khan

Girish Chandra
7 Jammu and Kashmir NA NA
Murmu

V.
8 Puducherry Pondicherry Kiran Bedi
Narayanasamy
 THE GOVERNOR

The Governor is the head of the state executive. He is also the representative of the Centre in the
state. The Governors and Lieutenant-Governors of the states and territories of India have similar
powers and functions at the state level as that of the President of India at Union level. Governors
exist in the states while LieutenantGovernors exist in union territories and in the National Capital
Territory of Delhi. The Governor acts as the nominal head whereas the real power lies in the
hand of the Chief Ministers of the states and the Chief Minister's Council of Ministers. The
Governors and Lieutenant-Governors are appointed by the President for a term of 5
years.

Article 153 of the Constitution provides that “There shall be a Governor for each state”. Article
155 lays down that “Governor of a state shall be appointed by the President by a warrant under
his hand and seal”. The President appoints the Governor on the advice of the Prime Minister.

In India, every State has a government to run its own administration. The States have their own
executive and legislature. The state executive consists of the Governor and the Council of
Ministers headed by the Chief Minister. so far as the State legislature is concerned, some States
have only one chamber or house in their legislature and some other States have two chambers or
houses. The Governor is an integral part of the State legislature.

THE EXECUTIVE
The Constitution provides for the post of the Governor as the Head of a State in India. He is
appointed by the President of India. He is both the constitutional Head of a State and an agent of
the Central Government in a State. The Governor is appointed for a term of five years. But
before the expiry of his full term, the President can dismiss him from office. The Governor may
also resign on his own. His term of office may be extended and he may be transferred to another
State. However, the State Government cannot remove the Governor from his post. To be the
Governor, a person must be a citizen of India and should complete 35 years of age. And he
cannot be a member of the Parliament or the State legislature. He should not hold any office of
profit.
Powers and Functions :

 The Governor is the Chief Executive in a State. All the executive powers of the State
Government are vested upon him and decisions are taken in his name.

 He appoints the Chief Minister and his Council of Ministers. He may dismiss the
members of the Council of Ministers on the advice of the Chief Minister.

 The Governor distributes the portfolios among the members of the Council of Ministers.

 The Governor makes some important appointments of the State Government, such as, the
Advocate general, Chairman and members of the State Public Service Commission and
others.

 The Governor may call for information from the Chief Minister regarding the activities of
the State Government. He sends reports to the President about the situation of the State.
The President imposes emergency in a State under Article 356 on the basis of the report
of the Governor.

 The Governor also acts as the Chancellor of State Universities.

 The Governor is an integral part of the State legislature, though he is not a member of
either house of it. He summons and prorogues the sessions of the State legislature and he
can dissolve the Legislative Assembly. He addresses the members of the legislature and
may send messages. Without the Governor‟s assent, no bill can become a law after it is
passed by the legislature.

 Money bills can be introduced in the State Legislative Assembly only with the
permission of the Governor. The Governor may promulgate ordinances during the period
 when the Legislative Assembly or both the Houses of the legislature (when there are two
Houses) are not in session.

 The Governor may nominate one member of the Anglo- India Community to the
Legislative Assembly if there are Anglo- Indian people in a State and they are not duly
represented in the State legislature. He may also nominate 1/6 members of the Legislature
Council (where they are from among persons who are experts in the fields of science,
literature, arts, social service and co- operative movement). The Governor makes the
reports of various agencies placed on the floor of the State legislature.

 The annual budget of the State Government is laid before the legislature with the
approval of the Governor. The Governor must give his assent to money bills.

 The Contingency fund of the State is also placed at the disposal of the Governor.
The Governor has the power of granting pardon to the persons convicted by the courts of
law or remitting or commuting their sentences.

 The powers of the governor, in actual practice, are exercised by the Council of Ministers
headed by the Chief Minister. He is only a nominal executive like the President of India.
The State Council of Ministers is the real executive in a State.
Still, the Governor has some discretionary powers which can be exercised by him
independently.

 He may send any bill passed by the Sate legislature for the consideration of the President.
He can appoint any member of the State legislature as the Chief Minister if no political
party secures absolute majority in the Legislative Assembly. During emergency, the
Governor of a state can exercise his powers independently.
A Governor of state can be given additional duty of the Governor of the neighboring
states by the President.
Position of the Governor:

The position of the Governor of a State is compared to the President of India as a nominal
executive. But the Governor is not always a nominal executive. He can exercise his powers in the
real sense on some occasions. He acts as an agent of the Central Government in a State.
Therefore, he is responsible for maintaining relation between the Central Government and the
State Government. The Governor may advise the Council of Ministers when it faces some
difficult situations.

The President declares emergency in a State on the basis of the report of the Governor regarding
the law and order situation in the State. The Governor takes independent decisions while
exercising discretionary powers. He may seek information from the Council of Ministers
regarding various activities of the Government. He cannot be ignored by the Council of
Ministers. He may even influence the decisions of the Council of Ministers in many ways as the
Head of State.
The State Council of Ministers and the Chief Minister
The Governor appoints the State Council of Ministers. He appoints the leader of the majority
party in the Legislative Assembly as the Chief Minister. On the advice of the Chief Minister, he
appoints the other Ministers of the Council of Ministers.

In the State Council of Ministers like that of the Union Council of Ministers, there are three
categories of ministers- Cabinet Ministers, Ministers of States and Deputy Ministers. All the
Ministers, including the Chief Minister must be the members of the State legislature. If a
Minister is not a member of the State legislature at the time of his appointment, he must be so
within a period of six months from the date of his taking over charge as Minister.

The Chief Minister and Ministers heading individual departments of the government constitute
the State Cabinet. It is the most powerful authority in State administration. All the important
decisions of the State administration are taken by the Cabinet. The decisions of the Cabinet are
binding upon the Council of Ministers.
The Council of Ministers has no fixed term of office. The term of the Council of Ministers
depends on the support of the majority members of the Legislative Assembly. If it loses majority
support in the legislative Assembly, it has to resign. The Governor may also remove a Minister
from the council of Ministers on the advice of the Chief Minister.

The council of Ministers headed by the Chief Minister exercises all the powers and functions of
the Governor of the State. Therefore, it is called the real executive of a State. However, it can not
exercise the discretionary powers of the Governor.

The Council of Ministers remains responsible to the Legislative Assembly for carrying on the
administration of the State.

Powers and functions of the State Council of Ministers :

The State Council of Ministers formulates the policies for State administration and implement
them. The Council of Ministers also implements the directives given by the Central Government.
It has to work in conformity with the national policies of the Central Government.

The Council of Ministers prepares proposals for legislation. If authorities their introduction in the
legislature by the ministers concerned. It has also to take measures so that the legislations are
passed in the legislature.

The Council of Ministers is responsible for maintaining law and order in the state. It is the real
executive in the state. It is responsible for running the administration of a state according to the
principles of the Constitution.

The ministers are allotted the responsibility of various departments of state administration. They
are to look after their respective departments and supervise activities so that the departments
perform efficiently.
The Council of Ministers makes policies regarding recruitment, appointment, transfer,
promotion, etc. of the Public Services in the state. It even advises the Governor for the
appointment of important functionaries like the Chairman and members of the Public Service
Commission Advocate General, etc..

The council prepares the annual budget of the State government. The Minister for Finance
presents the budget in the Legislative Assembly. It is responsible for maintaining sound financial
condition in the state.

The Council of Ministers advises the Governor regarding the date and time of summoning and
proroguing the sessions of the legislature. It also advises the Governor to dissolve the Legislative
Assembly.

The social, economic and political condition of a State is dependent upon the performance of the
Council of Ministers. If the ministers are efficient and dedicated, then the State will definitely
work better. It also depends on how the Chief Minister is leading the Council of Ministers. If the
ministers are efficient and dedicated, then the state will definitely work better. It also depends on
how the Chief Minister is leading the Council of Ministers and maintaining unity and solidarity
among the ministers.

The Chief Minister and his powers and functions:

The Governor appoints the leader of the majority party in the State Legislative Assembly as the
Chief Minister. He is the head of the State Council of Ministers. The State Council of Ministers
revolves round him.

The Chief Minister has no fixed term of office. He remains in office so long as he commands
support of the majority members of the Legislative Assembly. When he loses support in the
legislature, he has to resign. The resignation of the Chief Minister must means the resignation of
the whole Council of Ministers in the State.
The Chief Minister must be a member of the State Legislature. If hre is not a member of the State
legislature at the time of his taking over charge, then he must be so within a period of six
months.

Powers and functions:

The Chief Minister plays an important role in the formation of the Council of Ministers. On the
advice of the Chief Minister, the Governor appoints the other Ministers of the Council of
Ministers and distributes among them the portfolios. As the head of the Council of Ministers, he
presides over the meetings of the Council of Ministers and the Cabinet.

The Chief Minister supervises the activities of different ministries and advises them accordingly.
He also coordinates the activities of different ministries. He has to see that the principle of
collective responsibility is maintained by the Ministers.
The Chief Minister plays an important role in making policies of the State Government. He has
to ensure that the policies of the government do not go against public interest. His voice is final
in policy decisions of the State Government.

He also an important role in making higher appointments of the State Government.

The Governor appoints different higher officials of the State Government on the advice of the
Chief Minister and his Council of Ministers.

The Chief Minister is the channel of communication between the Governor and the other
members of the Council of Ministers. He has to keep the Governor informed of the decisions
taken by the Council of Ministers on various matters relating to State administration.

The Chief Minister is the chief administrator of the State. All major decisions of the State
Government are taken under his leadership.

He is responsible for over all working of the state departments. He has also to maintain a good
and harmonious relation with the Central Government.
As the leader of the majority party in the Legislative Assembly, the Chief Minister has to see that
party discipline is maintained in the House. He has also to defend the ministers of his Council of
Ministers on the floor of the House from the criticisms of the opposition.

The success of the State Government depends to a great extent upon the leadership of the Chief
Mister. If he is strong, dynamic and efficient, then the government will definitely perform well
and rise up to the expectations of the people.

THE LEGISLATURE

In India, the State Legislature consists of the Governor and one or two houses. The lower house
is called the Legislative Assembly or Vidhan Sabha while the upper house is called the
Legislative Council or Vidhan Parishad.

Legislative Assembly or Vidhan Sabha

According to the Constitution, a Legislature Assembly can not have more than 500 members and
less than 60 members. Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh have bicameral legislatures, with the remaining states having a unicameral one. The
members are elected directly by the people. The members of the Legislative Assembly are
elected for a term of five years. But the Governor can dissolve the house before the expiry of five
years and can call for fresh elections.

To be a member of the Legislative Assembly one must be a citizen of India and should have
attained 25 years of age. He can not be a member of both houses of the State legislature or a
member of the Union Parliament at the same time.

Some seats in the Legislative Assembly are reserved for Scheduled Castes and Scheduled Tribes.
The Governor can nominate one member from the Anglo-Indian community if no member is
elected from that Community to the House.
The meetings of the Assembly are presided over by the Speaker who is elected from among the
members of the Assembly. In his absence, the Deputy Speaker conducts the meetings.

Powers and Functions of the Legislative Assembly :

The main duty of the Legislative Assembly is to make laws for the state. The assembly can make
law on the subjects mentioned in the state list and the concurrent list. However, during state
emergency, it can not exercise its legislative power.

The assembly has control over the State council of Ministers. The State council of ministers is
responsible or answerable to the Assembly for its activities. The Assembly may pass a no-
confidence nation against the council of Ministers and bring its downfall if it is not satisfied with
the performance of the council of Ministers.

The legislation Assembly has control over the finances of the state. A money bill can be
introduced only on the floor of the Assembly.

The government can not impose, increase, lower or withdraw any tax without the approval of the
Assembly.

The elected members of the Legislative Assembly can take part in the election of the president of
India and all members can take part in the election of the members of the Rajya Sabha from the
state.
The Assembly also takes part in the amendment of the Constitution on certain matters.

Legislative Council or Vidhan Parishad

The Constitution provides that the total strength of the Legislative Council must not be less than
40 and not more than 1/3 of the total strength of the Legislative Assembly of the State.
The members of the Legislative Council are elected indirectly. One third of its members are
elected by the local government bodies like the Zila Parishad and Municipalities. Another one
third are elected by the members of the Legislative Assembly. One twelfth are elected by the
graduates of the constituency and another one twelfth by the teachers of secondary schools,
colleges and universities. One sixth of the members of the Legislative Council are nominated by
the Governor of the State.

The Legislative Council is a continuing house. The Governor can not dissolve this house. One-
third of its members retire after every two years and elections are held to fill the vacant seats.

The members are elected for a term of six years.

To be a member of the Legislative Council, one must be a citizen of India. He must attain 30
years of age. He cannot be a member of the Legislative Assembly or either of the houses of the
Parliament.

The Chairman is the presiding officer of the Legislative Council. In his absence, the Deputy
Chairman presides over its meetings. They are elected from among the members of that house.

Powers and functions of the Legislative Council:

Ordinary bills can be introduced in the Council on any matter of the State List and the
Concurrent List. A money bill can not be introduced in the Legislative Council. A money bill
passed by the Legislative Assembly must be adopted by the Legislative Council within a period
of 14 days. If a money bill is not adopted within that period, then it is regarded as passed by both
houses of the State legislature.

The Legislative Council exercises control over the Council of Ministers. The members can ask
questions to the Ministers on various matters and can introduce motions against the ministers.

However, it can not pass a no- confidence motion against the Council of Ministers.
The Legislative Council also takes part in the amendment of the Constitution along with the
Legislative Assembly.

The existence of the Legislative Council is criticized as purposeless. It is not only less powerful
than that of the Legislative Assembly, but also can not be compared with the Rajya Sabha of the
Union parliament. The Rajya Sabha, which is an upper house like that of the Legislative Council,
is not as powerless as the Legislative Council. The Legislative Council is often regarded as
ornamental in terms of powers and functions.

JUDICIAL SYSTEM OF STATES

We know that the India‟s highest Court called the Supreme Court. Just below the Supreme
Court, there are High Courts which are the highest courts of law in States. The High Courts are
part of the Indian judiciary, and function under the supervision, guidance and control of the
Supreme Court. As highest court in the State, a High Court supervises the subordinate courts in
the State.

The High Courts are mainly courts of appeal. These Courts hear appeals from numerous
subordinate courts working at district level. The system of appointment of judges, their
qualifications and the working of subordinate courts is under the direct control and supervision
of the High Court of the State concerned.

At present there are 21 High Courts for 28 States and seven Union Territories. The High
Courts are the highest courts at State level, but being part of integrated Indian judiciary
they work under the superintendence, direction and control of the Supreme Court.

There is a High Court for each State. However, there can be a common High Court for two or
more States. For example, the States of Punjab and Haryana and the Union Territory of
Chandigarh have a common High Court situated at Chandigarh. Similarly, the High Court of
Guwahati is common for seven northeastern States of Assam, Nagaland, Manipur, Meghalaya,
Mizoram, Tripura and Arunachal Pradesh. Delhi, though not a State, has its own separate High
Court. Every High Court has a Chief Justice and a number of judges. The number of judges
varies from State to State.

The judges of the High Courts are appointed by the President of India. While appointing
Chief Justice of a High Court, the President has to consult the Chief Justice of the Supreme
Court and the Governor of the State concerned. While appointing other judges, the President
consults the Chief Justice of the Supreme Court, the Chief Justice of the High Court and
Governor of the State concerned.

The judges can be transferred from one High Court to another by the President. The actual
selection of judges is made by a team of senior judges of the Supreme Court, headed by the
Chief Justice of India in accordance with 1993 ruling as reinterpreted in 1999 by the Supreme
Court. This is known as Collegium of the Supreme Court. Its recommendations are binding on
the President.

Qualifications, Tenure and Removal of the Judges

In order to be appointed as a judge of a High Court, the person concerned should possess
following qualifications:
(i) He or she should be a citizen of India.
(ii) He or she should have held a judicial office, at the district level or below for at least
ten years.
OR
He or she should have been an advocate in one or more High Courts for at least ten
years continuously without break.
Once appointed, the High Court judges hold office till they attain the age of 62 years. After
retirement, they may be appointed judges of the Supreme Court or they may practise as
advocates either in the Supreme Court or in any High Court other than the High Court in
which they served as judges.
A High Court judge may be removed before he or she attains the age of 62 years, only on
the ground of incapacity or proved misbehaviour. He or she may be removed if both the
Houses of Parliament adopt a resolution by a majority of their total membership and by
two thirds majority of members present and voting, separately in each House in the same
session. Such a resolution is submitted to the President, who then can remove the concerned
judge. This procedure is same as for removal of judges of the Supreme Court.

HIGH COURTS

There are High Courts in almost all the states of India and the Union Territories. The High
Courts work under the Supreme Court in the country. These courts are vested with lot of powers.
They decide on both civil as well as criminal cases. Most of the cases that are handled by the
High Courts of the country are passed on from the district or lower courts.

Powers and Jurisdiction of the High Court

The High Courts have the power to hear and decide cases which are brought directly to it.
This power is called Original Jurisdiction. When a High Court hears an appeal against the
decision of a lower court, it is called Appellate Jurisdiction. A High Court is mostly a court
of appeal. Appeals in both civil and criminal cases are brought to it against the decisions of
the lower courts.

1.Original Jurisdiction

The original jurisdiction of the High Courts is very limited. Cases of alleged violation of
fundamental rights can be started in High Courts, or in the Supreme Court. The High
Courts have the power to issue orders to restore the fundamental rights of the people. You
will recall that these orders are called writs.
Fundamental Rights that the Supreme Courts and High Courts can issue writs
to ensure that rights of the people are not violated either by State or otherwise. The
Constitution has specifically given the power „to issue certain writs‟ to the High Courts.

A High Court can hear election petition in its original jurisdiction, challenging the election
of a Member of Parliament or State Legislative Assembly. It can set aside the election of
a member if it finds that he or she used corrupt means in his or her election. All the lower
courts function under the superintendence control and guidance of the High Court in the
State.

High Courts hear appeals against the judgements of the subordinate courts. In civil cases,
appellate jurisdiction extends to all such cases which involve an amount exceeding
Rs. 5 lakh. Any party to a civil dispute, which is dissatisfied with the decision of the
District Court may appeal against the decision of the District Court in the High Court. It
also hears cases relating to patents and designs, succession, land acquisition, insolvency
and guardianship.

2.Transfer of Cases to the High Court

If a High Court is satisfied that a case pending in a subordinate court involves a substantial
question of law as to the interpretation of the Constitution, the High Court may withdraw
such a case from the lower court. After examining the case, the High Court may either
dispose it off itself, or may return it to the lower court with instructions for disposal of the
case.

3.Superintendence of Subordinate Courts

A High Court has the right of superintendence and control over all the subordinate courts
in all the matter of judicial and administrative nature. In the exercise of its power of
superintendence, the High Court may call for any information from the lower courts; may
make and issue general rules and prescribe norms for regulating the practice and
proceedings of these courts; and it may issue such directions, from time to time, as it may
deem necessary.
It can also make rules and regulations relating to the appointment, demotion, promotion
and leave of absence for the officers of the subordinate courts.

4.Court of Record

A High Court is also a court of record, like the Supreme Court. Lower courts in a State are
bound to follow the decisions of the High Court which are cited as precedents. A High
Court has also the power to punish for its contempt or disrespect.

In each district of India there are various types of subordinate or lower courts. They are civil
courts, criminal courts and revenue courts. These Courts hear civil cases, criminal cases and
revenue cases, respectively.
Civil cases pertain to disputes between two or more persons regarding property, breach of
agreement or contract, divorce or landlord – tenant disputes. Civil Courts settle these disputes.
They do not award any punishment as violation of law is not involved in civil cases.

Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape,
pickpocketing,
physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of
the state, againt the accused. In such cases the accused, if found guilty, is awarded punishment
like fine, imprisonment or even death sentence.

Revenue cases relate to land revenue on agriculture land in the district.

Qualifications and Appointment of Judges

The judges of subordinate courts are appointed by the Governor in consultation with the
Chief Justice of the High Court of the concerned State. These days, in most of the States
judicial service officers including the magistrates are selected through competitive
examinations held by the State Public Service Commission. They are finally appointed by
the Governor. Any person who has been an advocate for at least seven years or one who is in the
service of the State or the Central Government is eligible to be a judge of the District
Court provided he/she possess the required legal qualifications.

Civil Courts

The Court of the District Judge is the highest civil court in a district to deal with civil cases.
Very often the same court is called the Court of District and Sessions Judge, when it deals
with both civil and criminal cases at the district level. The judge of this court is appointed
by the Governor of the State.

Below the Court of District Judge, there may be one or more courts of sub judges in the
district. Separate family courts, which are equal to courts of sub judge, have been established
in districts to exclusively hear cases of family disputes, like divorce, custody of children,
etc. Below them there are courts of munsifs and small causes courts which decide cases
involving petty amounts. No appeal can be made against the decisions of the small causes
courts.

All these courts hear and settle civil disputes.

The Court of the District Judge (called the District Courts) hears not only appeals against
the decisions of the courts of sub judges, but also some of the cases begin directly in the
Court of District Judge itself. Appeals against the decisions of this court may be heard by
the High Court of the State.
Civil Courts deal with cases pertaining to disputes between two or more persons regarding
property, divorce, contract, and breach of agreement or landlord – tenant disputes.

Criminal Courts

The Court of the Sessions Judge (known as Sessions Courts) is the highest court for
criminal cases in a district. Below this court, there are courts of magistrates of First,
Second and Third class. In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai,
First Class Magistrates are called Metropolitan Magistrates. All these criminal courts are
competent to try the accused and to award punishment, as sanctioned by law, to those
who are found guilty of violation of law.

Criminal Courts hear criminal cases which are related to violation of laws. These cases
involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder etc. In such
cases the guilty person is awarded punishment. It may be fine, imprisonment or even
death sentence.

Normally every accused is presented by the police before a magistrate. The magistrate
can finally dispose off cases of minor crime. But, when a magistrate finds case of serious crime
he/she may commit the accused to the sessions court. Thus, sessions courts try the accused who
are sent upto them by the magistrate concerned. As mentioned above, an accused who is awarded
death sentence by the sessions court, can be hanged to death only after his sentence is confirmed
by the High Court.

Revenue Courts

Revenue courts deal with cases of land revenue in the State. The highest revenue court in
the district is the Board of Revenue. Under it are the Courts of Commissioners, Collectors,
Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against
all the lower revenue courts under it.