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    Notes For The Lesson State Government

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    Anandavana Pp
    India has a federal system with governments at the state and central levels. The three branches of government exist at both levels. At the state level, executive power is vested in the governor but is exercised by the chief minister and council of ministers. The governor is appointed by the president for 5 years and has powers like appointing the chief minister and exercising legislative and financial powers. The real executive power lies with the chief minister and council of ministers, who are responsible to the legislative assembly. Each state has its own legislature, which may be unicameral or bicameral. The high court and subordinate courts like civil, criminal, and revenue courts complete the structure of state government.

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    Notes For The Lesson State Government

    Uploaded by

    Anandavana Pp
    35 views6 pages
    India has a federal system with governments at the state and central levels. The three branches of government exist at both levels. At the state level, executive power is vested in the governor but is exercised by the chief minister and council of ministers. The governor is appointed by the president for 5 years and has powers like appointing the chief minister and exercising legislative and financial powers. The real executive power lies with the chief minister and council of ministers, who are responsible to the legislative assembly. Each state has its own legislature, which may be unicameral or bicameral. The high court and subordinate courts like civil, criminal, and revenue courts complete the structure of state government.

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    Notes for the lesson State Government

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    India has a federal system with governments at the state and central levels. The three branches of government exist at both levels. At the state level, executive power is vested in the governor but is exercised by the chief minister and council of ministers. The governor is appointed by the president for 5 years and has powers like appointing the chief minister and exercising legislative and financial powers. The real executive power lies with the chief minister and council of ministers, who are responsible to the legislative assembly. Each state has its own legislature, which may be unicameral or bicameral. The high court and subordinate courts like civil, criminal, and revenue courts complete the structure of state government.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views6 pages

    Notes For The Lesson State Government

    Uploaded by

    Anandavana Pp
    India has a federal system with governments at the state and central levels. The three branches of government exist at both levels. At the state level, executive power is vested in the governor but is exercised by the chief minister and council of ministers. The governor is appointed by the president for 5 years and has powers like appointing the chief minister and exercising legislative and financial powers. The real executive power lies with the chief minister and council of ministers, who are responsible to the legislative assembly. Each state has its own legislature, which may be unicameral or bicameral. The high court and subordinate courts like civil, criminal, and revenue courts complete the structure of state government.

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    © All Rights Reserved
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    Notes for the lesson State Government

    India is a Federation having governments at two levels i.e. State level and
    Union or Central level.
    The three branches of government- executive, legislature and judiciary exist
    and function at both the levels.
    In this system, the executive powers of the State are vested in the Governor by
    the Constitution.
    The head of the State is Governor but he/she acts as a nominal head. The real
    executive powers are exercised by the Council of Ministers headed by a Chief
    Minister
    Appointment of the Governor
    The Governor of a State is appointed by the President of India for a term of 5
    years.
    The Governor holds his/her office during pleasure of the President which
    means that the Governor may be removed by the President even before the
    expiry of his/her term.
    He/She may resign earlier
    Powers of the Governor
    (i) Executive Power - He/she appoints the chief Minister and other
    members of the council of ministers.
    (ii) He/she appoints the Advocate General, Chairman and members of the
    State Public Service Commission and also the judges of the
    subordinate courts.
    (iii) Legislative Powers - Governor is the part of the state legislature.
    He/she can address the session of the assembly and or joint session of
    both the houses. No bill can become law without his/her consent.
    (iv) Financial Power: No money bill can be introduced in the State
    Legislature Assembly without the prior permission of the Governor.
    The annual budget is introduced in his/her name.
    (v) Discretionary Powers: If no political party wins majority, then
    Governor uses his discretionary power to invite a person to be the
    Chief Minister. He/she is a link between State and the Centre. He is
    the representative of the Union Government

    Relationship between the Governor and the Council of Ministers


    The State executive consists of the Governor, the Chief Minister and the
    Council of Ministers. The Governor exercises all his/her powers on the advice
    of the Council of Ministers.

    The Chief Minister is appointed by him/her provided he/she is the leader of the
    majority party in the legislative Assembly.

    The Chief Minister communicates to the Governor all the decisions of the
    Council of Ministers.

    The real powers are exercised by the Council of Ministers headed by the Chief
    Minister.
    However, the Governor is not just a constitutional or nominal head. He/She can
    exercise his/her powers effectively under certain circumstances, especially
    when there is political instability in the State. Hence, the discretionary powers
    make the Governor to act as a real Executive in particular circumstances

    The Chief Minister and the Council of Ministers


    The Council of Ministers with the Chief Minister as its head functions as the
    real Executive.
    The Chief Minister and other members of the Council of Ministers are
    appointed by the Governor.
    Their term of office is for five years.
    They remain in office till they enjoy the support of the majority in the
    Assembly.
    If a person who is appointed as the Chief Minister or a Minister, is not a
    member of the State Legislature, he/she has to become member of any of the
    two houses within six months of his/her appointment.

    Functions of the Chief Minister and Council of Ministers


    Chief Minister is the real Head of the Government in the State. The functions of
    the Chief Minister are:
    Presides over the meetings of the State Council of Ministers and looks after the
    functioning of different ministers;
    Guides the framing of the policies and programmes for the State;
    Is the sole link of communication between the Council of Ministers and the
    Governor;
    Submits any matter on which decision has been taken by a Minister for
    consideration of the Council of Ministers.

    Position of the Chief Minister


    He is the real executive head of the State.
    It is he/ she who formulates the policies and guides the Council of Ministers.
    If his/her political party has an absolute majority in the legislative Assembly
    he/she becomes the most powerful functionary

    State Legislature
    In India every State has its own legislature. They are of two kinds i.e. bicameral
    and unicameral.
    Bicameral legislature has two houses - lower house and the upper house.
    In a unicameral legislature the house is known as legislative assembly or
    Vidhan Sabha whereas in the bicameral legislature the two houses are known as
    legislative assembly and legislative council i.e. Vidhan Sabha and Vidhan
    Parishad. At present, only Bihar, Andhra Pradesh, Karnataka, Maharashtra
    Telangana. Orissa and Uttar Pradesh have bicameral legislatures and the
    remaining States have unicameral legislatures.

    Composition of State Legislature


    According to the Indian Constitution, no Legislative Assembly shall have more
    than 500 members and less than 60 members.
    Legislative Assembly. The members of Legislative Assembly are directly
    elected on the principle of universal adult franchise. The tenure of the Vidhan
    Sabha is of five years. However, the Governor may dissolve the Assembly
    earlier on the advice of the Chief Minister.
    The Legislative Council or Vidhan Parishad shall not have more than one third
    of the total membership of the State Legislative Assembly but not less than 40.
    The members of the Legislative Council are partly elected indirectly and partly
    nominated.
    Function of the State Legislature
    Legislative Function -State legislature makes laws on the subjects mentioned in
    the state list.
    Ordinary bills can be introduced in either of the house and money bills can be
    introduced only in Legislative Assembly.
    Control over the Executive The state legislature keeps control over the
    executive by asking questions, supplementary questions, adjornment motions,
    calls attention motion and no confidence motion.
    Electoral Functions The elected members of Vidhan Sabha elect the members of
    Rajya Sabha. Participate and vote for the election of President of India.
    Functions related to Constitutional Amendment For amending some special
    provisions of the constitution, ratification by not less than half of the State
    Legislature is required.

    High Court
    Each High Court has a Chief Justice and Judges.
    The number of Judges in each High Court is determined by the President from
    time to time.
    The Chief Justice and Judges of High Courts are appointed by the President.
    For appointment of the Chief Justice of the High Court, the President consults
    the Chief Justice of Supreme Court, whereas for the Judges, he/she also consults
    the Chief Justice of the concerned High Court.
    The Governor of the concerned State is also consulted for appointment of the
    Judges of the High Court.
    Judges can be transferred from one High Court to the other by the President on
    the advice of the Chief Justice of India.
    qualifications.
    He/She: should be a citizen of India;
    should have held a judicial office in the territory of India for at least 10 years; or
    should have been an advocate in one or more High Courts for at least ten years
    continuously without break.

    Jurisdiction ( meaning the official power to make legal decisions and


    judgements ) of High Court
    The jurisdiction of the High Court extends up to the territorial limits of the
    concerned State/States or Union Territories.
    The High Court has original and appellate (relating to or taking account of
    appeals) jurisdictions.
    Under the original jurisdiction certain types of cases may be brought directly
    before a High Court like, enforcement of Fundamental Rights and other legal
    rights. Under appellate jurisdiction, High Courts hear appeals against the
    judgments of the subordinate courts at the district level

    Subordinate Courts
    Civil Courts -These cases filed in civil courts pertain to disputes between two
    or more persons regarding property, breach of agreement or contract, divorce or
    disputes between landlords and tenants. All these cases are settled by civil
    courts. In such civil cases, the court does not award any punishment as violation
    of law is not involved.
    Criminal Courts: Such cases relate to theft, robbery, rape, pickpocketing,
    physical murder etc. These cases are filed in the criminal courts by the police,
    on behalf of the State, against the accused. In such cases, if the court finds the
    accused guilty, he/she is awarded punishment.
    Revenue Courts - Revenue Courts Board of Revenue exists at the State level,
    under it are the Courts of Commissioner, Collector, Tehsildars and Assistant
    Tehsildars.

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