RBSE Class 10 SST Chapter 7 State Government Notes According to New Syllabus
Formation and working of State Legislature
The constitution has provided a legislature in every state of India.
According to section 168 of the Indian Constitution, every state has a legislature which will be formed by a Governor and both houses or by a Governor and one house.
the power of making decisions regarding whether the Legislature of a particular state should be unicameral or bicameral is in the hand of elected representatives and the Indian Parliament.
7 states of Indian Union have bicameral legislature. These include Uttar Pradesh, Jammu and Kashmir, Maharashtra, Karnataka, Bihar, Andhra Pradesh and Tamilnadu and the remaining states have unicameral legislature.
Note:- But, At present there are six states and two union territories have bicameral legislature.
Unicameral legislature
Unicameral legislature refers to the practice of having only one legislative chamber to perform legislative activities or functions like passing a budget, enacting laws, overseeing the administration, and discussing matters of national or international importance.
Bicameral legislature
Bicameral is the practice of having two Houses of Parliament. At the State level, the equivalent of the Lok Sabha is the Vidhan Sabha (Legislative Assembly), and that of the Rajya Sabha is the Vidhan Parishad (Legislative Council).
The three organ of the state legislature-
Governor
Legislative Assembly (Vidhaan Sabha)
Legislative Council (Vidhaan Parishad)
Formation of Legislative Assembly
Legislative Assembly is the first and lower
house of the state legislature.
Number of Members:
According to Article 170, the minimum number of members in a legislative assembly can be 60 and maximum number can be 500.
Reservation
According to the 95th constitutional amendment of 2009, reservation of seats for scheduled caste and scheduled tribes has been provided in state legislative assemblies till January, 2020.
Procedure of Elections
The Governor can nominate one member from Anglo Indian community and all the other remaining members of the legislative Assembly are elected directly by the voters with the power of universal adult franchise.
Qualifications required to become a member of the Legislative Assembly.
The person should be a citizen of India.
The person should be at least 25 years old.
The person should not hold the post of benefit under union government or state government.
The person should not be confirmed as mantely disabled from any court or bankrupt.
Termination of Membership
Termination of membership for both houses of legislature can happen under any of the following conditions-
If a person is elected for both houses of state legislature then he will have to resign from either of the houses.
Similarly, a person cannot be a member of legislative assembly and parliament at the same time.
If a member remains absent from the session of the house without permission continuously for more than 60 days.
If a person loses the eligibility to be a member even after becoming a member of the house.
Tenure:
The tenure of the State Legislative Assembly is 5 years, but it can be dissolved by the Governor before completion of its tenure.
Officers
Every State's Legislative Assembly has two chief officers, Speaker and Deputy Speaker. They are elected by the members of the house.
The speaker can give his resignation to the deputy speaker and the deputy speaker can give his resignation to the speaker.
Both these officers can be removed from the office by a motion passed by a majority of members of the Legislative Assembly.
Rights and Powers of the Speaker_
He presides over the session of legislative assembly and conducts the proceedings of the house.
He is responsible for maintaining peace and discipline in the house and can take necessary action to ensure that.
A member of the house can speak in the house only after his permission.
He can accept the questions, or reject them if they are against the rule.
He announces the result after voting.
He does not participate in voting in normal circumstances. But in case of a tie he utilizes his ‘Casting Vote’.
Speaker decides if a bill is a money bill or not.
Power and Functions of state legislature or legislative assembly
The power and functions of state legislature are as follows:
Legislative work
The State legislature has the right to make law on almost all those subjects which come under State List and Concurrent List.
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Financial Powers
The State Legislative Assembly holds full control over the "Public exchequer".
Only after the approval of the annual budget by the State Assembly, any work related to income and expenditure can be undertaken by the government.
Administrative Power:
Because of provision of the legislative system even in states, the cabinet of a state is answerable to the state legislature especially to legislative assembly for its works.
States Executive
Governor and the council of Ministers are included in the state executive; the Governor is regarded as the supreme head of the state executive where the Chief Minister and his council of Ministers are the actual head of the state executive.
Governor
Governor is the constitutional head of the state.
The governor is appointed by the president of India. His tenure is 5 years. The president has the power to remove the Governor even before the completion of his tenure. He can be transferred from one state to another.
Healthy tradition followed in the appointment of the Governor -
the Governor should not be a resident of that state for which he is being appointed as a Governor.
Before the appointment of the governor of the central government has to take advice and acceptance from the chief minister of that respective state.
Qualification required for the post of governor-
He should be a citizen of India.
He should have completed the age of 35 years.
He should have the qualification to be elected as a member of the Lok Sabha. The governor cannot be a member of any house of the Indian Parliament or state legislature.
The person should not hold any post of profit under any level of government or under any other organization.
Salary and allowances
At present, the Governor receives a monthly salary of one lakh and ten thousand INR. Apart from this, he is entitled to receive a free residence and all such allowances and facilities which have been decided by Parliament's law.
Power and functions of the Governor
Executive Powers
The Governor uses these powers himself and through the officials under him. He appoints the Chief Minister, and appoints other ministers on Chief Minister’s advice. He appoints the chairperson and members of the State Public Service Commission. The President needs to take advice from the Governor of a related state while appointing the judges of a High Court.
Legislative Powers
The Governor calls the session of legislature, can postpone the session and can dissolve the lower house of legislature. He addresses the first session of the legislature after the general election. Governor’s assent is required for a bill which is passed by the legislative assembly. He can reject a bill, or can return the bill to the legislative assembly for review. If the legislative assembly passes the bill for the second time then the Governor has to give his assent. He can preserve some bills for assent by the President.
Financial Powers
Any money bill cannot be introduced in the legislative assembly without prior approval of the Governor. The consolidated fund of the state is under the Governor.
Judicial Powers
The Governor can reduce, or stay, or change, or forgive a punishment to a person who has committed a crime against the laws.
Note- if the Governor feels that the state government is not functioning as per constitutional provisions, then he report to the president about the failure of the constitutional system in the state and on the basis of his report, as per article 356, The Central cabinet can recommend to impose president rule in that state.
Position of the Governor
While the Governor has not been given discretionary powers by the Constitution and he is expected to work as the constitutional head, still many situations arise when he needs to use his discretionary powers.
Such situations can be as follows:-
Selection of the Chief Minister under special situation.
Removing the Chief Minister.
Calling the session or ending the session of the Legislative Assembly.
Dissolving the Legislative Assembly.
Seeking information from the Chief Minister.
Sending a report to the President regarding the constitutional situation in the state.
Sending any bill (passed by the state legislature) for approval from the President.
Returning a bill (passed by the legislature) for review.
The Council of Ministers
According to the fundamental principles of parliamentary system, the Governor appoints the leader of the majority party in the State Legislative Assembly as Chief Minister.
The Chief Minister shall be appointed by the Governor.
Selection of Ministers
The Chief Minister selects other ministers and he sends a list of their names and departments to the Governor. Formation of the Cabinet is the privilege of the Chief Minister.
Eligibility for Ministers
It is necessary that a minister is a member of any house of the state legislature. If someone is not a member of the legislature at the time of appointment as minister then he needs to become a member of the legislature within 6 months.
If he fails to do so, then he will have to resign from the Council of Ministers.
Distribution of portfolio among the Minister
the Governor distributes portfolios among the Council of Ministers after taking advice from the Chief Minister. Usually, there is a single department under one mister but in some cases, there can be more than one department under a minister.
Oath taking by the ministers
A minister has to take two oaths, in front of the Governor before assuming office, of duty and of secrecy.
Categories of Ministers
The state cabinet has three categories of ministers: (a) Cabinet Minister or Member of Cabinet, (b) State Minister and (c) Deputy Minister.
Tenure of Cabinet
The tenure of the cabinet depends on the confidence of the legislative assembly. Generally, the tenure of a cabinet is of 5 years which is the same as the tenure of legislative assembly.
Powers and Functions of the Council of Ministers
Policy making on governance
Suggestion to the Governor for appointments at higher posts
Representing the government in legislature
Preparation of Budget
Chief Minister
The Chief Minister is the head of the state Council of Ministers.
He is the actual head of the state legislature. In the administrative structure of the state whose position is the same as that of Prime Minister at the centre.
Appointment of Chief Minister
Article 164 of the Constitution says that the Governor will appoint the Chief Minister. In practice, the governor appoints the leader of the majority party in the legislative assembly as Chief Minister.
Powers and Functions of the Chief Minister
Council of Ministers is the most important unit of the state government and the chief minister is the head of the council of ministers.
Formation of the Council of Ministers/State Cabinet
The Chief Minister selects other ministers and he sends a list of their names and departments to the Governor. Formation of the Cabinet is the privilege of the Chief Minister.
Distribution of portfolio among the Minister
the Governor distributes portfolios among the Council of Ministers after taking advice from the Chief Minister. Usually, there is a single department under one mister but in some cases, there can be more than one department under a minister.
Functioning of the cabinet
the Chief Minister calls and presides upon the meeting of the cabinet. He prepares the agenda for the meeting and the entire procedure of the cabinet takes place as per his wish.
Coordinate between various departments of the government
the Chief Minister makes effort to ensure that all departments of the government are working in the form of a single unit.
If a dispute arises between two or more members of his Council of Ministers, then disputes are resolved by the Chief Minister.
Establisher of inter-relationship between the Council of Ministers and the Governor
according to the constitution the chief minister is responsible to establish interrelationship between his Council of Ministers and the Governor.
High Court
According to article 214, every state has its high court. There can be a single high Court for two or more than two States.
In the judiciary system that the supreme court is at the highest place followed by the high Court. On state level, the high court is the highest judicial organisation.
Formation of high Court
According to the article 216, every High Court will constitute a Chief Justice and other such judges whom the president considered suitable to be appointed. In the same way the number of High Court judges will also be determined by the President.
Appointment of the Judges
According to article 217(1), the president appoints the chief justice and other judge of the High Court. The president appoints the Chief Justice of the High Court after taking advice from the chief justice of the supreme court.
Qualifications of the Judges
According to article 217(2) following qualifications are required to become a judge in the High Court -
He should be a citizen of India.
He should have been an advocate for a minimum of 10 years in a high court or any two or more such court.
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