STATE GOVERNMENT

The Indian Constitution establishes a federal system of government, meaning power is divided between the Central Government (Union) and State Governments.

• State Government operates at the state level, responsible for administering the state.
• It has three main organs:
• Legislature: Makes laws (State Legislature).
• Executive: Implements laws (Governor, Chief Minister, Council of Ministers).
• Judiciary: Interprets laws (High Court, District Courts).

Why State Government?

• India is a vast country with diverse cultures, languages, and needs.
• State governments can better address local issues and specific needs of their respective states.
• Ensures decentralization of power and effective governance.

Key Terms:

• Constituency: An area from which voters elect a representative to a legislative body.
• MLA (Member of Legislative Assembly): An elected representative of a constituency in the State Legislative Assembly.
• MP (Member of Parliament): An elected representative of a constituency in the Parliament (Central Government).

The Legislative Assembly (Vidhan Sabha) is the primary law-making body at the state level.

Composition:

• Consists of MLAs (Members of Legislative Assembly).
• MLAs are directly elected by the people of their respective constituencies through universal adult franchise.
• The number of MLAs varies from state to state, generally based on population.
• Minimum members: 60 (e.g., Goa, Mizoram)
• Maximum members: 500 (e.g., Uttar Pradesh)
• Some seats may be reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
• The Governor can nominate one member from the Anglo-Indian community if they feel the community is not adequately represented (though this provision has been discontinued for Lok Sabha and State Assemblies from 2020).

Term:

• The normal term of the Legislative Assembly is 5 years.
• It can be dissolved earlier by the Governor on the advice of the Chief Minister or if no party can form a stable government.

Presiding Officer:

• Speaker: Elected by the MLAs from among themselves.
• Deputy Speaker: Also elected by MLAs.
• The Speaker presides over the sessions, maintains order, and conducts proceedings.

Functions:

1. Law Making: Primary function is to make laws on subjects listed in the State List and Concurrent List of the Constitution.
2. Financial Control: Approves the state budget and controls state finances.
3. Control over Executive: The Council of Ministers is collectively responsible to the Legislative Assembly. MLAs can ask questions, move resolutions, and pass no-confidence motions.
4. Electoral Functions: Participates in the election of the President of India and elects its own Speaker and Deputy Speaker.
5. Constitutional Amendment: Participates in the amendment of the Constitution on certain matters.

The Legislative Council (Vidhan Parishad) is the upper house of the state legislature, existing in only 6 states in India.

• States with Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.
• It is a permanent house and cannot be dissolved.

Composition:

• Members are elected indirectly or nominated.
• Total strength cannot be more than one-third (1/3rd) of the total members of the Legislative Assembly of that state, and not less than 40 members.
• Election/Nomination Breakdown:
• 1/3rd elected by members of local bodies (municipalities, district boards).
• 1/3rd elected by MLAs from among persons who are not members of the Assembly.
• 1/12th elected by graduates of three years' standing residing in the state.
• 1/12th elected by teachers of three years' standing in secondary schools or higher.
• 1/6th nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service.

Term:

• Members serve for a term of 6 years.
• One-third (1/3rd) of its members retire every two years.

Presiding Officer:

• Chairman: Elected by the members of the Council from among themselves.
• Deputy Chairman: Also elected by members.

Powers and Functions:

• Less powerful than the Legislative Assembly.
• Mainly acts as a revising or delaying body for bills passed by the Assembly.
• Ordinary Bills: Can delay an ordinary bill for a maximum of 4 months (3 months initially, plus 1 month if sent back and passed again by Assembly).
• Money Bills: Cannot reject or amend a Money Bill. Can only delay it for 14 days and make recommendations, which the Assembly may or may not accept.

The State Executive is responsible for implementing the laws made by the State Legislature.

1. The Governor

• Constitutional Head of the state, acts as the representative of the Central Government.
• Appointment: Appointed by the President of India for a term of 5 years.
• Qualifications: Must be a citizen of India, at least 35 years old.
• Powers and Functions:
• Executive Powers: Appoints the Chief Minister and Council of Ministers, Advocate General, and members of the State Public Service Commission. Acts on the advice of the Council of Ministers.
• Legislative Powers: Summons and prorogues state legislature sessions, dissolves the Legislative Assembly. Gives assent to bills passed by the legislature to become law. Can issue ordinances when the legislature is not in session (temporary laws).
• Financial Powers: Ensures the annual financial statement (budget) is laid before the legislature.
• Judicial Powers: Can grant pardons, reprieves, respites, and remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
• Discretionary Powers: Can act without the advice of the Council of Ministers in certain situations, e.g., reserving a bill for the President's consideration, recommending President's Rule.

2. The Chief Minister (CM)

• Real Executive Head of the state government.
• Appointment: Appointed by the Governor. The Governor invites the leader of the majority party in the Legislative Assembly to form the government.
• Term: Not fixed, holds office as long as he/she enjoys the confidence of the Legislative Assembly.
• Powers and Functions:
• Head of the Council of Ministers: Presides over cabinet meetings, allocates portfolios to ministers.
• Link between Governor and Council of Ministers: Communicates decisions of the Council of Ministers to the Governor.
• Leader of the House: Leads the legislative business in the Assembly.
• Policy Maker: Plays a crucial role in formulating and implementing state policies.

3. The Council of Ministers

• Comprises the Chief Minister and other Ministers (Cabinet Ministers, Ministers of State, Deputy Ministers).
• Appointment: Appointed by the Governor on the advice of the Chief Minister.
• Collective Responsibility: The Council of Ministers is collectively responsible to the Legislative Assembly. This means if a no-confidence motion is passed against any minister, the entire council has to resign.
• Individual Responsibility: Ministers are individually responsible to the Governor.
• Functions: Formulate and implement policies, administer various departments of the state government.

The primary function of the State Legislature is to make laws for the state.

Stages of a Bill becoming an Act:

1. Introduction of a Bill:

• A Bill is a draft proposal for a law.
• Can be introduced by a Minister (Government Bill) or a private member (Private Member's Bill).
• Can be introduced in either house (if bicameral), except Money Bills which can only originate in the Legislative Assembly.

1. First Reading:

• Bill is introduced, its title and objectives are read out.
• No discussion or voting at this stage.
• Bill is published in the Official Gazette.

1. Second Reading:

• Most crucial stage, detailed discussion and debate on the bill.
• Bill may be sent to a Select Committee for detailed examination and report.
• Clause-by-clause consideration and amendments are proposed and voted upon.

1. Third Reading:

• Brief discussion, usually on whether the bill should be passed or rejected as a whole.
• No major amendments are allowed.
• If passed, the bill is sent to the other house (if bicameral).

1. Passage in the Other House (if bicameral):

• The bill undergoes similar stages in the Legislative Council.
• The Legislative Council can pass, reject, or suggest amendments.
• If the Legislative Council rejects or delays an ordinary bill beyond 4 months, the Legislative Assembly's decision prevails.
• For Money Bills, the Council can only delay for 14 days.

1. Assent of the Governor:

• After being passed by both houses (or by the Assembly alone in case of deadlock/unicameral legislature), the bill is sent to the Governor.
• The Governor can:
• Give assent: Bill becomes an Act (law).
• Withhold assent: Bill does not become law.
• Return the bill: For reconsideration by the legislature (except Money Bills). If passed again, Governor must give assent.
• Reserve the bill for the President's consideration: Mandatory for certain types of bills (e.g., those affecting the High Court's powers).

The State Government plays a crucial role in the welfare and development of its citizens. Public participation is vital for a healthy democracy.

Role of the State Government:

• Welfare and Development: Provides essential services like education, healthcare, sanitation, public transport, electricity, water supply.
• Law and Order: Maintains peace and security through the police force.
• Economic Development: Promotes agriculture, industry, and employment opportunities.
• Social Justice: Implements schemes for the upliftment of weaker sections of society.
• Disaster Management: Responds to natural calamities and provides relief.

Public Participation:

• Elections: Citizens elect their representatives (MLAs) who form the government.
• Protests and Demonstrations: People express their grievances and demands through peaceful protests, rallies, and demonstrations.
• Media: Newspapers, TV channels, and social media play a crucial role in informing the public, raising issues, and holding the government accountable.
• Public Meetings and Debates: Platforms for citizens to discuss issues and influence government decisions.
• Right to Information (RTI): Allows citizens to seek information from government departments, promoting transparency.

Majority, Opposition, and Coalition Government:

• Majority Party: The political party that wins more than half the total number of seats in the Legislative Assembly forms the government.
• Opposition Party: The party (or parties) that does not form the government. Its role is to critique government policies, hold the government accountable, and offer alternative solutions.
• Coalition Government: When no single party secures a clear majority, two or more parties come together to form a government. They agree on a common minimum program.