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Published on: 13/05/2022
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Take MCQ Social Science Test

1.
Describe the powers and functions of the High Court.
2.
Critically examine the functions and powers of the Council of Ministers
3.
Briefly discuss the Functions of the State Legislature.
4.
Describe the various powers and functions of the Governor.
5.
What are the powers and functions of the Chief Minister?
1.
Jurisdiction and Powers of High Court
Original Jurisdiction:
(i) The High Courts of the Presidency towns (Bombay, Calcutta, and Madras) have both original and appellate jurisdictions, while other High Courts have mostly appellate jurisdiction.
(ii) Other High Courts have mostly appellate jurisdictions. Only in matters of admiralty, probate matrimonial and contempt of court, they have original jurisdiction.
Appellate jurisdiction:
As courts of appeal, all High courts entertain appeals in civil and criminal cases from their subordinate courts as well as on their own.
Writ Jurisdiction:
(i) Under Article 226 of the constitution, the High Courts are given powers of issuing writs not only for the enforcement of the Fundamental Rights but also for other purposes.
(ii) The High Courts issue the same type of writs as the Supreme Court. They also issue writs in cases where ordinary legal right has been infringed.
The writs issued by the High court:
(i) Habeas Corpus
(ii) Mandamus
(iii) Prohibition
(iv) Quo Warranto
(v) Certiorari
Supervisory Jurisdiction:
Supervisory Power:
High court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts or tribunals) Thus, it may
(i) Call for returns from them;
(ii) Prescribe forms in which books, entries, and accounts are to be kept by them; and
(iii) Settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.
Control of records:
All the decisions and decrees issued by the High Court are printed and are kept as a record
for future references by the Court as well as by the lawyers, is such a need arises. Thus, it also acts as a Court of Record.
2.
i) The Council of Ministers formulates and decides the polices of the State and implements them effectively.
ii) It decides the legislative programmes of the Legislative Assembly and sponsors all important Bills.
iii) It controls the financial policy and decides the tax structure for the public welfare of the State.
iv) It makes the important appointments of the Heads of Departments.
v) It discusses and takes efforts on the dispute with other States.
vi) It frames the proposal for incurring expenditure out of State reserves.
vii) It decides all the Bills whether ordinary Bills or Money Bills to be introduced in the Legislative Assembly
viii) Each Minister of the Council of Ministers supervises, controls and coordinates the department concerned.
xi) Annual Financial statement called as the Budget is finalised by the Council of Ministers.
3.
Legislative powers
(i) The State Legislature can pass laws on all subjects mentioned in the State List as per the constitution.
(ii) It can also pass laws on concurrent subjects.
(iii) The passing of Bill into law follows the same procedure, as in the Union Parliament
(iv) Every bill passes through three readings.
(v) Then it becomes an Act with the Governor's assent.
Financial Powers
(i) The Legislature controls the finances of the State.
(ii) The Lower House enjoys greater power than the Upper House in money matters.
(iii) Money bills can be introduced only in the Lower House or the Assembly.
(iv) No new tax can be levied without the sanction and permission of the Assembly.
Control over the Executive
(i) The Council of Ministers is responsible to the Assembly.
(ii) The Ministers have to answer questions asked by the members of the Legislature.
(iii) They can be removed from office if the Assembly passes a vote of "no confidence motion" against the Ministry.
4.
The Governor is the head of the state executive and he has enormous powers . They are
Executive Powers:
(i) He appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister of the State.
(ii) He appoints other members of the Council of Ministers on the recommendation of the Chief Minister.
(iii) He appoints the Chairman and Members of the State Public Service Commission.
(iv) He acts as the chancellor of universities in the state. He also appoints the Vice Chancellors of universities in the state.
Legislative Powers
The Governor is an integral part of the State Legislature.
i) He summons, prorogues the state legislature and dissolves the State Assembly.
ii) He nominates one member to the State Legislature.
iii) He nominates1/6 of the members to the State Legislative Council.
iv) A bill becomes a law only after his assent.
Financial Powers
i) The Constitution confers on the Governor, the duty to get prepared and introduced to the State Legislature, the annual budget and also the supplementary budgets, if necessary.
ii) Money Bills can be introduced in the Legislative Assembly only with his prior
recommendation.
iii) He can make advances out of the state Contingency Fund to meet any unforeseen expenditure.
iv) He constitutes a Finance Commission after every five years to review the financial position of the panchayats and the municipalities
Judicial Powers
(i) He appoints the Attorney-General of the State.
(ii) He makes appointment, postings and promotions of the District Judges in consultation with the State High Court.
(iii) The Chief Justice of the High Court in the State is appointed by the President in consultation with him.
(iv) He can pardon, commute or reprieve punishment on receipt of appeals for mercy except death sentence.
Emergency Powers
(i) If the Governor is satisfied that the government of the state is not carried on in accordance with the provisions of the Constitution, he may, under Article 356, recommend to the President to impose President Rule in that State.
(ii) As soon as the President Rule is imposed, the administration of the State is carried on by the Governor as the representative of the President.
5.
The Chief Minister is the real executive head of the state administration. He has the following powers and functions.
Relating to the Council of Ministers:
i) The Chief Minister recommends the persons who can be appointed as ministers by Governor.
ii) He allocates the portfolios among the ministers.
iii) He shuffles and reshuffles his ministry.
iv) He presides over the meetings of the Council of Ministers and influences its decisions
v) He guides, directs, controls and coordinates the activities of all the Ministers.
Relating to the Governor:
He advises the Governor in relation to the appointment of the following officials:
i) Advocate General of the State,
ii) State Election Commissioner.
iii) Chairman and Members of the State Public Service Commission
iv) Chairman and Members of the State Planning Commission.
v) Chairman and Members of the State Finance Commission
Relating to State Legislature:
i) The Chief Minister advises the Governor with regard to the summoning and proroguing the sessions of the State Legislature.
ii) He announces the government policies on the floor of the House,
iii) He can introduce the bills in the Legislative Assembly.
iv) He can recommend for the dissolution of the Legislative Assembly to the Governor any time.
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Tamilnadu Stateboard 10th Standard Subjects
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