Himachal Pradesh: Constitutional Framework – A Guide for Competitive Examinations

This overview details the constitutional journey and the present-day governmental framework of Himachal Pradesh, designed to be a helpful resource for students preparing for competitive exams.

A. Constitutional Journey of Himachal Pradesh

Himachal Pradesh’s path to full statehood was a phased process, marked by several constitutional and administrative changes:

1. Chief Commissioner’s Province (1948):
   • Following India’s independence, Himachal Pradesh was formed on April 15, 1948, by the merger of 30 princely hill states.
   • It was initially administered as a Chief Commissioner’s Province, headed by a Chief Commissioner appointed by the central government.
   • An Advisory Council, with representatives of rulers and the people, was formed to assist the Chief Commissioner, though it had limited powers.
2. Part C State (1950):
   • With the implementation of the Constitution of India on January 26, 1950, Himachal Pradesh was designated as a Part C State.
   • This status allowed for a Lieutenant Governor (Major General K.S. Himmat sinhji was the first) and, under the Government of Part C States Act, 1951, a Legislative Assembly and a Council of Ministers.
3. Merger of Bilaspur (1954):
   • On July 1, 1954, the Part C state of Bilaspur was merged with Himachal Pradesh, becoming its fifth district.
   • The Himachal Pradesh and Bilaspur (New State) Act, 1954, facilitated this merger.
   • The Legislative Assembly’s strength was increased to 41 members.
4. Union Territory (1956):
   • Following the recommendations of the States Reorganisation Commission (Fazal Ali Commission), Himachal Pradesh became a Union Territory on November 1, 1956.
   • The States Reorganisation Act, 1956, and the 7th Constitutional Amendment Act, 1956, led to this change, abolishing the Part A, B, C, and D state categorizations.
   • Consequently, the Legislative Assembly was abolished, and administration was directly overseen by the Lieutenant Governor.
5. Territorial Expansion and Revival of Assembly:
   • Kinnaur District (May 1, 1960): Carved out from Chini tehsil of Mahasu district and parts of Rampur tehsil, becoming the sixth district, due to strategic and ethnic reasons.
   • Lahaul & Spiti District (July 1, 1960): Formed as a separate district with Keylong as headquarters.
   • Legislative Assembly Revived (July 1, 1963): Popular demand led to the revival of the Legislative Assembly, though HP remained a Union Territory. Dr. Y.S. Parmar again became Chief Minister.
   • Merger of Punjab Hill Areas (November 1, 1966): Under the Punjab Reorganisation Act, 1966, Kangra, Kullu, Shimla, Lahaul & Spiti districts (from Punjab), Nalagarh tehsil, parts of Una tehsil, and Dalhousie were merged with Himachal Pradesh. The state’s area significantly increased, and it comprised ten districts, but its status as a Union Territory continued.
6. Full Statehood (January 25, 1971):
   • The State of Himachal Pradesh Act, 1970, was passed by the Indian Parliament on December 18, 1970.
   • On January 25, 1971, Himachal Pradesh officially became the 18th state of the Indian Union.

B. Executive

The executive branch of the Himachal Pradesh government comprises the Governor, the Chief Minister, and the Council of Ministers.

• Governor:
  • Constitutional Head: The Governor is the constitutional head of the state, appointed by the President of India for a five-year term.
  • Role: The position is largely ceremonial, with most executive powers exercised by the Chief Minister and the Council of Ministers.
  • Powers:
    • Executive Powers: Related to administration, appointments, and removals.
    • Legislative Powers: Related to lawmaking, summoning, proroguing, and dissolving the Legislative Assembly.
    • Discretionary Powers: Exercised according to the Governor’s discretion in certain constitutionally specified situations.
  • First Governor (Post-Statehood): Shri S. Chakravarti (January 25, 1971 – February 16, 1977).⁶⁶ A list of all governors is maintained by the Raj Bhavan.
• Chief Minister (CM) and Council of Ministers:
  • Chief Minister: The head of the state government, vested with most executive powers. The leader of the party or coalition holding a majority in the Legislative Assembly is appointed as the Chief Minister by the Governor. Key departments like Home, General Administration, Finance, Planning, and Personnel are often under the CM.
  • Council of Ministers: Appointed by the Governor on the advice of the Chief Minister. They are collectively responsible to the Legislative Assembly. The CM submits the list of ministers for the Governor’s approval.
  • First Chief Minister: Dr. Y.S. Parmar (March 24, 1952, when HP was a Part C State). He also served as CM when the assembly was revived in the Union Territory phase and after HP attained full statehood.
  • Notable Chief Ministers:
    • Dr. Y.S. Parmar: Revered as the “Architect of Himachal Pradesh,” he focused on state formation, infrastructure (especially roads), agriculture, horticulture (apple cultivation), education, and cultural preservation.
    • Thakur Ram Lal: Known for his dedication to agrarian welfare and promotion of small-scale industries.
    • Shanta Kumar: Focused on economic reforms, modernization, tourism, and infrastructure. Implemented the “No Work, No Pay” policy.
    • Virbhadra Singh: The longest-serving CM, known for modernizing education, expanding healthcare, and improving road connectivity.
    • A complete list of Chief Ministers and their tenures is available from official sources.

C. Legislative Assembly

Himachal Pradesh has a unicameral legislature, meaning it has only one house, the Legislative Assembly (Vidhan Sabha).

• Historical Evolution:
  • The state had no pre-constitution legislative history as it was formed after India’s independence.
  • First Legislative Assembly (1952): Constituted when Himachal Pradesh was a Part C State, with 36 members. The Indian National Congress won 24 seats and formed the government.
  • Abolition (1956): The Assembly was abolished on October 31, 1956 (or November 1, 1956), when HP became a Union Territory. It was replaced by a Territorial Council, for which elections were held in 1957 and 1962.
  • Revival (1963): The Legislative Assembly was revived on July 1, 1963, even while HP remained a Union Territory.
• Structure and Composition (Post-Statehood):
  • The State of Himachal Pradesh Act, 1970, initially provided for 60 seats in the Legislative Assembly upon attainment of statehood, to be filled by direct election.
  • The Act also stipulated that the Legislative Assembly to be constituted after the appointed day (i.e., for future elections post-1971) would have a total of 68 seats. This is the current strength of the Assembly.
  • Seats are reserved for Scheduled Castes (16 seats as per the 1970 Act for the future assembly) and Scheduled Tribes (3 seats as per the 1970 Act for the future assembly).
• Presiding Officers:
  • The Assembly meetings are presided over by the Speaker, or the Deputy Speaker in the Speaker’s absence.
  • First Speaker: Shri Jaiwant Ram (served from March 24, 1952, to October 31, 1956).
• Functions: Lawmaking, overseeing the executive, and passing the state budget.

D. Judiciary

The judicial system in Himachal Pradesh is an integral part of India’s unified judicial structure, headed by the Himachal Pradesh High Court.

• Establishment of the High Court:
  • The Himachal Pradesh High Court was established on January 25, 1971, coinciding with the state attaining full statehood.
  • Its principal seat is at “Revenswood,” Shimla.
  • The State of Himachal Pradesh Act, 1970, provided for the creation of this separate High Court.
  • Initially, the High Court comprised one Chief Justice and two Hon’ble Judges. The current authorized strength is 17 judges.
• Evolution of Judiciary in the Region:
  • Court of Judicial Commissioner (1948): After Himachal Pradesh was formed as a Chief Commissioner’s Province, the Central Government promulgated the Himachal Pradesh (Courts) Order, 1948, on August 15, 1948. This established the Court of Judicial Commissioner for Himachal Pradesh, which started functioning on the same day and was vested with the powers of a High Court under the Judicial Commissioner’s Court Act, 1950.
  • Himachal Bench of Delhi High Court (1967): In 1966, the Delhi High Court Act was enacted. From May 1, 1967, the jurisdiction of the Delhi High Court was extended to the Union Territory of Himachal Pradesh. This led to the establishment of the Himachal Bench of the Delhi High Court at Shimla, replacing the Court of Judicial Commissioner.
• First Chief Justice: Justice M.H. Beg was the first Chief Justice of the Himachal Pradesh High Court (January 25, 1971 – December 9, 1971).
• Lower Judiciary: The High Court supervises a system of subordinate courts throughout the state, ensuring the administration of justice at various levels.

E. District Administration

The administrative division of Himachal Pradesh into districts has evolved significantly since its formation.

• Initial Formation (1948): When Himachal Pradesh was formed as a Chief Commissioner’s Province on April 15, 1948, it was divided into four districts:
  • Chamba
  • Mahasu
  • Mandi
  • Sirmaur
  • The initial area was 27,169 sq km (some sources state 25,839 sq km, with the 27,169 sq km figure often cited after Bilaspur’s merger).
• Merger of Bilaspur (1954): On July 1, 1954, the Part C state of Bilaspur was merged with Himachal Pradesh, becoming its fifth district.
• Formation of Kinnaur District (May 1, 1960): Kinnaur was carved out as the sixth district from the Chini tehsil of Mahasu district and 14 villages of Rampur tehsil.
• Formation of Lahaul & Spiti District (July 1, 1960): This district was formed, becoming the seventh district (though some sources list it as formed in June 1960, and its integration with HP state occurred in 1966).
• Merger of Punjab Hill Areas (November 1, 1966): With the merger of Kangra, Kullu, Shimla, and Lahaul & Spiti districts (from Punjab), Nalagarh tehsil, parts of Una tehsil, and Dalhousie, Himachal Pradesh expanded to ten districts. Its area grew to 55,673 sq km.
• Reorganization of Districts (September 1, 1972):
  • Two new districts, Una and Hamirpur, were created, largely by trifurcating the Kangra district.
  • The existing Mahasu and Shimla districts were reorganized to form the new districts of Shimla and Solan. The Mahasu district ceased to exist. Solan district was formed by amalgamating Solan and Arki tehsils (from Mahasu) and Kandaghat and Nalagarh tehsils (from former PEPSU/Punjab territories that had merged with Shimla district).
  • This reorganization brought the total number of districts in Himachal Pradesh to the current twelve.
• Current Administrative Units: As of recent data, Himachal Pradesh comprises 3 divisions (Kangra, Mandi, Shimla), 12 districts, 78 development blocks, and numerous tehsils and sub-tehsils (e.g., 169 Tehsils/Sub-Tehsils as per ; 75 tehsils and 34 Sub-tehsils as per ).
• Single Line Administration: In tribal districts like Kinnaur, a “Single Line Administration” system was introduced (e.g., in Kinnaur in December 1963, and later extended to all Integrated Tribal Development Projects (ITDPs) from April 1988). Under this system, the Deputy Commissioner is vested with wider administrative and financial powers, including writing ACRs of all district officers and sanctioning their tours, to ensure coordinated and efficient development in these strategically important and often remote areas.

F. Local Bodies (Panchayati Raj)

Himachal Pradesh has a robust system of Panchayati Raj Institutions (PRIs) to ensure democratic decentralization and grassroots participation in governance.

• Historical Development:
  • The statutory foundation for Panchayati Raj in Himachal Pradesh was laid with the Himachal Pradesh Panchayati Raj Act, 1952, which came into effect in 1954. Prior to this, only 280 Gram Panchayats existed.
  • In 1954, 466 Gram Panchayats were established under the new Act, and this number increased to 638 by 1962.
  • With the merger of Punjab hill areas in 1966 (where a three-tier system was already in place), the number of Gram Panchayats in Himachal Pradesh rose significantly to 1695.
  • To bring uniformity across the old and newly merged areas, the Himachal Pradesh Panchayati Raj Act, 1968, was enacted on November 15, 1970. This Act established a two-tier system (Gram Panchayats and Panchayat Samitis) throughout the state.
  • Nayaya Panchayats, which previously handled some judicial functions at the local level, were abolished in 1977, and their functions were transferred to the Gram Panchayats.
• Current Three-Tier System (Post-73rd Constitutional Amendment):
  • In line with the 73rd Constitutional Amendment Act, 1992, which mandated a three-tier Panchayati Raj system across India, Himachal Pradesh updated its Panchayati Raj framework.
  • The current structure comprises:
    • Zila Parishads (District Councils): 12
    • Panchayat Samitis (Block/Intermediate Councils): 81 (located in 78 Development Blocks, some sources indicate 78 Samitis)
    • Gram Panchayats (Village Councils): 3615 (as per); 3226 (as per ¹¹). The number can vary due to periodic reorganizations and delimitations.
• The state government has consistently taken legislative and administrative measures to empower these local bodies, enabling them to function effectively as units of local self-government in both rural and urban areas.

G. Himachal Pradesh Public Service Commission (HPPSC)

The Himachal Pradesh Public Service Commission (HPPSC) is a constitutional body responsible for conducting recruitment to various state government services and posts, ensuring a merit-based selection process.

• Establishment:
  • The HPPSC was established on April 8, 1971, shortly after Himachal Pradesh attained full statehood on January 25, 1971.
  • Prior to statehood, when Himachal Pradesh was a Union Territory, the functions of a Public Service Commission for its civil services and posts were discharged by the Union Public Service Commission (UPSC) under Article 315 of the Constitution of India.
  • The Himachal Pradesh Public Service Commission (Members) Regulations, 1971, were notified by the Governor, by virtue of powers under Article 318 of the Constitution. Initially, the Commission comprised a Chairman (Lt. General K. S. Katoch) and two Members.⁹⁸ The strength of members was later increased.
• Constitutional Basis:
  • The HPPSC operates under the provisions of Articles 315 to 323 of the Constitution of India, which deal with Public Service Commissions for the Union and the States.
  • It was originally established under the provisions of Act 318 of the Constitution, which authorized the state government to form a state public service commission.
• Role and Functions:
  • Recruitment: The primary function is to conduct competitive examinations and interviews for recruitment to various state civil services (e.g., Himachal Pradesh Administrative Services – HPAS, Himachal Pradesh Police Services – HPPS) and other technical and non-technical posts in government departments.
  • Advisory Role: The Commission advises the state government on:
    • Matters related to framing and amending recruitment and promotion rules for various services.
    • Principles to be followed in making appointments, promotions, and transfers from one service to another.
    • The suitability of candidates for such appointments, promotions, and transfers.
    • Disciplinary matters affecting civil servants.
  • Departmental Examinations: Organizes promotional examinations for serving government employees to facilitate career progression.
  • Ensuring Transparency and Meritocracy: A key role is to ensure a transparent and merit-based selection process, thereby mitigating risks of nepotism and corruption in public appointments.
  • Joint Recruitment: Can assist in framing or operating schemes of joint recruitment for services requiring special qualifications if requested by two or more state commissions (a general provision for PSCs).
  • Contribution to Governance: By ensuring the selection of competent individuals, the HPPSC contributes to efficient governance and the socio-economic development of the state.
• Composition:
  • The HPPSC consists of a Chairman and Members who are appointed (and can be removed) by the Governor of the state. Their term of service is fixed.
  • The Secretary acts as the executive head, managing the commission’s administrative and logistical functions.
• Reforms: The HPPSC has undertaken reforms to enhance its functioning, such as implementing digital recruitment processes (online application systems) and making efforts for time-bound recruitment.

This framework provides a foundational understanding of the constitutional and administrative machinery of Himachal Pradesh, crucial for aspirants of state government jobs.