State Government and Union Territory

STATE GOVERNMENT  

*Part 6 in Indian Constitution 

*Consists of Legislative Assembly and Legislative Councils 

GOVERNOR 

*Article 153 

*He is nominal head of State 

*Appointed by President of India 

*He is central representative for state ie)He is connecting channel for president and Chief minister 

*State Government business runs on the name of Governor 

*7th CAA 1956 -Same person can be Governor for 2 or more states 

*Qualifications-He should be citizen of India,Complete 35 years of age(By Constitution),He should belong to other state(By Sarkaria Commission Recommendations) 

*Oath administered by Chief Justice of respective High Court or Judge appointed by Chief Justice of High Court 

*Normally his term is 5 years but President can Transfer him to other state and relieve him from post whenever ,He can also give resignation letter to president,Pleasure of president (No security tenure)

*Chief Justice of High Court will be appointed temporarily if office is vacant 

*Condition of office-He is not member of either house,Immune from criminal Proceedings during term,2 months prior notice in civil proceedings during term,Article 158-Emoluments and allowances shall not dimnish during his term  

POWERS OF GOVERNOR 

EXECUTIVE POWERS 

*All Business in state runs on the name of Governor 

*Appoints CM and other minister in Recommendations of CM 

*Appoints Advocate General of State 

*Appoints State Election Commissioner 

*Acts as Chancellor of University

*He recommends for President Rule ie)State emergency to President ,In that period he acts as Central representative of state 

*Appoints Tribal Minister in Tribal populous states 

LEGISLATIVE POWERS 

*Governor Speak in Legislative Assembly in First session after General Election. And First Session of a Financial year 

*Summon/Prorogue/Dissolve Legislative Assembly 

*Nominates 1/6 member in Legislative Councils 

*Nominates 1 anglo member to Legislative Assembly -Article 333 (But after 2019 104 th CAA abolished nomination of anglo indian member to Legislative Assembly) 

*Give Assent,Withhold,Return bill or Reserving Bill for consideration of  president 

*Issue ordinance  

FINANCIAL POWERS 

*Money bills only with prior recommendations of Governor 

*Constitutes state Finance Commission 

JUDICIAL POWERS 

*He consult by President while appointing of Chief Justice and Judges of High Courts 

*He pardon except death sentence(But Governor can suspend Death sentence) and subject regarding military courts 

VETO POWERS 

*For ordinary bills he has 4 alternative Give Assent, Withhold,Return and Reserve bill to president 

*In money bills he has 3 alternative Give Assent, Withhold and Reserve bill to president but cannot Return 

*If Money bills Reserved to President then president has 2 option Give Assent or Withhold but cannot return 

ORDINANCE MAKING POWERS 

*Article 213 

*When Legislative Assembly not in session in unicameral legislature and when either or  both Legislative Assembly and Legislative Councils is not in session in bicameral legislature 

*It is under Judicial Review 

*Only on advice of Council of Ministers 

*It is Coexistence power with Legislative Assembly but not parallel 

*It is not discretionary power of governor 

DISCRETIONARY POWER OF GOVERNOR 

*Reservation of bills to president 

*Recommend President Rule in state 

*Seeking information from Chief Minister regarding Administrative and Legislative policies 

*Establishment of seperate Development Board in Maharasthra,Gujarat,Assam,Nagaland,Manipur,Sikkim, Arunachal Pradesh, Karnataka 

CHIEF MINISTER 

*Constitution not specified for selection of CM 

*Article 164 -Chief Minister (Leader of Majority Party)shall be appointed by Governor 

*When there is no majority Governor can apply Discretion power 

*At that time He first appoint CM and ask to prove his majority in Legislative Assembly 

*Person not member of Legislative Assembly in unicameral legislature and not member of either Legislative Assembly or Legislative Council in bicameral legislature ,He should become member in 6 months 

*Term not fixed and hold office during pleasure of  Governor 

*Oath administered by Governor of state 

*If CM resigns entire council of minister will resign 

POWERS AND FUNCTIONS OF CHIEF MINISTER 


RELATION TO COUNCIL OF MINISTER 

*Allocates Minister and his portfolio 

*Heads council of Minister 

*Cabinet Meeting headed by him 

*He can ask Minister to resign from his post or to tell Governor to relieve him from the post when he goes against Government 

RELATION TO GOVERNOR 

*He is connecting Channel for Governor and council of ministers 

*He tells Governor who are to appoint as Minister and Governor appoints those ministers 

*Advisor of Governor regarding Recommendations for some post 

RELATION TO STATE LEGISLATURE 

*He can ask Governor to dissolve Legislative Assembly when there is no majority 

*Leader of house of ruling party 

*Tells decision of Council of Ministers in State Legislature 

OTHER POWERS 

*Member of Niti Aayog

*Member of National Development Council 

*Member of National Integration Council 

*Member of Interstate Council 

*Chairman of State Disaster Management Council as per SDMA act 

COUNCIL OF MINISTERS 

*Article 163-Council of ministers with CM aid and advice governor 

*Chattisgarh, Jharkhand, Madhyapradesh and Odisha should have tribal minister *CAA 91 2003 only 15% of Total Legislative Assembly should be ministers 

*Oath administered by Governor 

*Responsiblity-Individual Responsibility to Governor and Collective Responsibility to Legislative Assembly 

*Can be removed by No Confidence Motion passed in Legislative Assembly 

TYPES OF MINISTERS 

*Cabinet minister -Head Important portfolios ,They formulate policy 

*Minister of State Independent Charge-They assist Cabinet minister and they given independent charge

*Minister of State or Deputy Minister -They assists Cabinet ministers in policy formulating

STATE LEGISLATURE 

*Andhra pradesh,Telengana, Karnataka,Bihar, Uttarpradesh,Maharasthra have bicameral legislature

*In Tamilnadu 1986 Legislative Council was abolished 

*Article 169-Abolition or creation of Legislative Council in that states,Passed by Special Majority 

LEGISLATIVE ASSEMBLY 

*Composition of Legislative Assembly -60-500 depends upon population ie)Minimum strength should have 60 and maximum strength fixed at 500 but in Arunachal Pradesh,Sikkim,Goa Legislative Assembly it is fixed as 30 ,UP-403(More number of seats) 

*They are elected representatives(Directly elected by people on the basis of Universal Adult Franchise )

*Governor nominates 1 member from Anglo Indian community (After 2019 this post abolished) 

*Constitution provided Reservation of seats To SC and ST 

*Duration of Legislative Assembly-5 years but Governor can dissolve Legislative Assembly any time and can also be extended 1 year during National Emergency 

*Qualification-Same as Loksabha in Parliment 

*Disqualification-Same as Loksabha in Parliment 

LEGISLATIVE COUNCIL 

*They are indirectly elected 

*Maximum strength of Council is fixed as Maximum 1/3 of Legislative assembly and minimum as 40 

*No Reservation of seats to SC and ST 

*1/3 members elected by Local bodies 

*1/12 members elected by Graduates 

*1/12 members elected by Teachers 

*1/3 members elected by Legislative Assembly of the State 

*1/6 members Nominated by Governor 

*Qualification-Same as Rajyasabha in Parliment

*Disqualification-Same as Rajyasabha in Parliment   

OFFICES OF STATE LEGISLATURE 

*Speaker of Legislative Assembly-Same as Speaker of Loksabha in Parliment 

*Deputy Speaker of Legislative Assembly-Same as Deputy Speaker of Loksabha in Parliment 

*Chairman of Legislative Council-Elected by members of  Council of ,He is also member of house (This is major difference between Chairman of Rajyasabha and Chairman of  Legislative Councils),Others same as Rajyasabha in Parliment

*Deputy Chairman of Legislative Councils-Same as Rajyasabha in Parliment 

*Leader of House -Same as Parliment 

*Leader of Opposition-Same as Parliment  

*Whip -Same as Parliment

SESSION OF LEGISLATIVE COUNCIL 

*Same as Parliment 

LEGISLATURE PROCEDURE IN STATE LEGISLATURE 

*Same as Parliment 

ADVOCATE GENERAL OF STATE 

*Governor appoints on the recommendation of State Government

*Eligible to be appointed as judge of High Court,He should not be above 62 years of age 

*Highest law officer of state 

*He has right to appear in proceeding of Legislative Assembly in unicameral legislature and both houses in bicameral legislature but cannot vote 

*He is legal advisor for state 

*He is right to appear any court of state on behalf of state government 

*He should resign when Council of minister resigns or removed by No Confidence Motion 

UNION TERRITORIES 

*They are administered by President through Administrator, Lieutenant Governor or Chief Commissioner (Act as representative of president for that UT) appointed by him

*At present there are 8 Union Territories 

*UT-Formation Year-Post Name 

*Andaman and Nicobar -1956-Lieutnant Governor 

*NCT Delhi(Previously Delhi from 1956-1992)-1992-Lieutnant Governor(Has elected Government and Legislative Assembly)

*Lakshadweep -1956-Administrator

*Puduchery-1962-Lieutnant Governor (Has elected Government and Legislative Assembly)

*Chandigarh-1966-Administrator 

*Jammu and kashmir-2019-Lieutnant Governor (Has elected Government and Legislative Assembly)

*Ladakh-2019-Lieutnant Governor 

*Dadra and Nagar Haveli and Daman and Diu(2UT united at 2019)-2019-Administrator   

*For High Court jurisdiction see topic of Indian Judicial system in this blog 

NATIONAL CAPITAL TERRITORY DELHI 

*69 th CAA 1991 

*Designate Administrator of Delhi as Lieutenant Governor of Delhi 

*It has Legislative Assembly and council of minister but council of minister appointed president (Not by Lieutenant Governor)  

*Council of minister hold office during pleasure of president 


SPECIAL PROVISION FOR SOME STATES 

*Part 11 Article 370,371 to 371 J

*Article 370-Special Status to Jammu and Kashmir (Now Repealed)

*Article 371-Maharasthra and Gujarat 

*Article 371A-Nagaland

*Article 371B-Assam 

*Article 371C-Manipur 

*Article 371D-Andhra Pradesh and Telengana 

*Article 371 E-Andhra Pradesh 

*Article 371 F-Sikkim 

*Article 371G-Mizoram 

*Article 371H-Arunachal Pradesh  

*Article 371I-Goa 

*Article 371J-Karnataka





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