Political Institutions in Maharashtra | Maharashtra State PSC (MPSC): Preparation - MPSC (Maharastra) PDF Download

 Page 1


   
 
 
Politics of Modern 
Maharashtra 
 
3 
POLITICAL INSTITUTIONS IN 
MAHARASHTRA
 
 
  
  
  
  
  
  
  
INTRODUCTION 
The state of Maharashtra has always been active in national politics since 
its inception and it can be rightly stated that the Political Institutions that 
shaped the State of Maharashtra are so designed with the passage of time, 
since the reorganization of state, they have lent a unique system of 
functioning in totality. 
State legislature and its compositions (functions) 
To start, we should understand that, in parliamentary democracy, legislature 
has got its preeminence which cannot be challenged or distorted in the same 
way, liberal parliamentary democracy, in India imbibed the parliamentary 
principle and mode of functioning in the time of British democratic system 
and infused in it American Constitutional tenets to uphold the rights which 
stands ‘tall and monolithic in Indian Constitutional Structure and essence,’ 
the bicameral legislature there at center and a replica of bicameralism in the 
state specially in all the state, is a unique feature of Indian parliamentary 
democracy. 
MAHARASHTRA STATE LEGISLATURE: 
According to the provisions of Article 168, the State Legislature of 
Maharashtra consists of the Governor and two Houses of Legislature, 
namely the Legislative Assembly and the Legislative Council. The 
Governor is an integral part of the State Legislature and performs several 
functions in relation to the State Legislature. 
Legislative Assembly: 
The Legislative Assembly, also known as Vidhan Sabha, is popularly 
elected House of the State Legislature. Under Article 170 of the Indian 
Page 2


   
 
 
Politics of Modern 
Maharashtra 
 
3 
POLITICAL INSTITUTIONS IN 
MAHARASHTRA
 
 
  
  
  
  
  
  
  
INTRODUCTION 
The state of Maharashtra has always been active in national politics since 
its inception and it can be rightly stated that the Political Institutions that 
shaped the State of Maharashtra are so designed with the passage of time, 
since the reorganization of state, they have lent a unique system of 
functioning in totality. 
State legislature and its compositions (functions) 
To start, we should understand that, in parliamentary democracy, legislature 
has got its preeminence which cannot be challenged or distorted in the same 
way, liberal parliamentary democracy, in India imbibed the parliamentary 
principle and mode of functioning in the time of British democratic system 
and infused in it American Constitutional tenets to uphold the rights which 
stands ‘tall and monolithic in Indian Constitutional Structure and essence,’ 
the bicameral legislature there at center and a replica of bicameralism in the 
state specially in all the state, is a unique feature of Indian parliamentary 
democracy. 
MAHARASHTRA STATE LEGISLATURE: 
According to the provisions of Article 168, the State Legislature of 
Maharashtra consists of the Governor and two Houses of Legislature, 
namely the Legislative Assembly and the Legislative Council. The 
Governor is an integral part of the State Legislature and performs several 
functions in relation to the State Legislature. 
Legislative Assembly: 
The Legislative Assembly, also known as Vidhan Sabha, is popularly 
elected House of the State Legislature. Under Article 170 of the Indian 
 
 
 
 
 
Constitution, the State Legislative Assembly consist of not More than 500 
and not less 60 members. It comprises of 264 members, but it became 288 
in 1980, with 18 seats reserved for SC and 22 seats reserved for ST’s state 
are all divided into constituencies, here the ratio of the population is 
considered pivotal and the results are simple majority vote. As per the 
reservation of the seats (Article 332) certain seats were reserved in 
Legislative Assemblies for the SC and ST’s, previously, governor had the 
power to appoint one member from the Anglo-Indian Community but 
recently under the amendment of the Constitutional Act, the selection of 
Anglo-Indian member has been abolished, in January 2020 by 104th 
Constitutional amendment act, the reservation was abrogated. 
Tenure: 
Legislative Assembly cannot function more than five years, which can be 
extended to one year more but it can be reduced to five-year term and also 
can be abolished by Governor much before its actual tenure by calling 
National emergency or under the pretexts of the failure of Constitutional 
machinery. 
Legislative Council: As per the Constitution, this house is permanent, 
Article 171 states that the total number of the members of legislative council 
cannot be more than one fourth of the total member of the council in 
Maharashtra the total numbers of the members are 288 in Legislative 
Assembly and 78 in Legislative Council. 
Functions and Powers of State Legislature: 
In case of Legislative powers, the state legislate can legislate the matters in 
both state and concurrent list, where both the national and the state 
government work together. 
Financial Regulatory Power: 
State budgets are placed by the council of ministers in the state legislature 
but the decisions of the grant in related to the budget can be placed, discuss 
and all can consider the important issues which allow them to go for the 
refusal or rejection of the grants but not to increase it. 
Role of watchdog: 
State Legislature controls over the council of ministers, their work can be 
revived and scrutinize and by passing no confidence motion, the ministers 
can be removed. In case of Constitutional amendment, more than half of the 
members of the state is required and even for the election for the president 
of India, the electoral college comprises of the elected members of the 
Legislative Assembly. There are serious limitations of the state legislature, 
in case of finance bill budget placed on the floor, where Independent 
decisions, ratifications by state legislature cannot be taken, even for that 
matter, compulsory acquisition of the property needs presidential assent and 
by declaring national emergency or the Constitutional machinery failure or 
breakdown or the parliament bypassing many limitations can work on state 
list., where state legislature authority become void in other works, the 
central body takes control. 
Page 3


   
 
 
Politics of Modern 
Maharashtra 
 
3 
POLITICAL INSTITUTIONS IN 
MAHARASHTRA
 
 
  
  
  
  
  
  
  
INTRODUCTION 
The state of Maharashtra has always been active in national politics since 
its inception and it can be rightly stated that the Political Institutions that 
shaped the State of Maharashtra are so designed with the passage of time, 
since the reorganization of state, they have lent a unique system of 
functioning in totality. 
State legislature and its compositions (functions) 
To start, we should understand that, in parliamentary democracy, legislature 
has got its preeminence which cannot be challenged or distorted in the same 
way, liberal parliamentary democracy, in India imbibed the parliamentary 
principle and mode of functioning in the time of British democratic system 
and infused in it American Constitutional tenets to uphold the rights which 
stands ‘tall and monolithic in Indian Constitutional Structure and essence,’ 
the bicameral legislature there at center and a replica of bicameralism in the 
state specially in all the state, is a unique feature of Indian parliamentary 
democracy. 
MAHARASHTRA STATE LEGISLATURE: 
According to the provisions of Article 168, the State Legislature of 
Maharashtra consists of the Governor and two Houses of Legislature, 
namely the Legislative Assembly and the Legislative Council. The 
Governor is an integral part of the State Legislature and performs several 
functions in relation to the State Legislature. 
Legislative Assembly: 
The Legislative Assembly, also known as Vidhan Sabha, is popularly 
elected House of the State Legislature. Under Article 170 of the Indian 
 
 
 
 
 
Constitution, the State Legislative Assembly consist of not More than 500 
and not less 60 members. It comprises of 264 members, but it became 288 
in 1980, with 18 seats reserved for SC and 22 seats reserved for ST’s state 
are all divided into constituencies, here the ratio of the population is 
considered pivotal and the results are simple majority vote. As per the 
reservation of the seats (Article 332) certain seats were reserved in 
Legislative Assemblies for the SC and ST’s, previously, governor had the 
power to appoint one member from the Anglo-Indian Community but 
recently under the amendment of the Constitutional Act, the selection of 
Anglo-Indian member has been abolished, in January 2020 by 104th 
Constitutional amendment act, the reservation was abrogated. 
Tenure: 
Legislative Assembly cannot function more than five years, which can be 
extended to one year more but it can be reduced to five-year term and also 
can be abolished by Governor much before its actual tenure by calling 
National emergency or under the pretexts of the failure of Constitutional 
machinery. 
Legislative Council: As per the Constitution, this house is permanent, 
Article 171 states that the total number of the members of legislative council 
cannot be more than one fourth of the total member of the council in 
Maharashtra the total numbers of the members are 288 in Legislative 
Assembly and 78 in Legislative Council. 
Functions and Powers of State Legislature: 
In case of Legislative powers, the state legislate can legislate the matters in 
both state and concurrent list, where both the national and the state 
government work together. 
Financial Regulatory Power: 
State budgets are placed by the council of ministers in the state legislature 
but the decisions of the grant in related to the budget can be placed, discuss 
and all can consider the important issues which allow them to go for the 
refusal or rejection of the grants but not to increase it. 
Role of watchdog: 
State Legislature controls over the council of ministers, their work can be 
revived and scrutinize and by passing no confidence motion, the ministers 
can be removed. In case of Constitutional amendment, more than half of the 
members of the state is required and even for the election for the president 
of India, the electoral college comprises of the elected members of the 
Legislative Assembly. There are serious limitations of the state legislature, 
in case of finance bill budget placed on the floor, where Independent 
decisions, ratifications by state legislature cannot be taken, even for that 
matter, compulsory acquisition of the property needs presidential assent and 
by declaring national emergency or the Constitutional machinery failure or 
breakdown or the parliament bypassing many limitations can work on state 
list., where state legislature authority become void in other works, the 
central body takes control. 
   
 
 
 
 
STATE EXECUTIVE: 
Role of state executive is important is state politics of Maharashtra, both in 
macro and micro level of functioning. 
Governor: 
Under 155 provisions of the Article of Constitution, governor is appointed 
by the president, ‘It is understood that it in the state politics of Maharashtra’, 
the party at Centre namely the ruling congress party for decades had the 
power at the state level also, so it can be said there was controverse as such 
regarding the election of the governor in the state of Maharashtra only 
during the time were the Centre has different party and where the state’s 
political agenda and principles do not confirm the functioning of the 
governor it, creates conflict, the present governor would be given as an 
example. 
The office of the governor enjoys its stint during the pleasure of the 
president (Article 156), he can only be removed by the president. Recalling 
the governor, this has always been the bone of contention, owing to the 
concertation between the Centre and the ruling party but it has not happened 
in Maharashtra. 
Executive power of the Governor: 
The Governor is aided, advised by the council of ministers and he walks 
according to the Constitutions as per Article 154, he appoints the Advocate 
general of the state, he has the right to the inform about the day-to-day 
activities and affaires of the state. And more over president of India, 
consults the Governor of Maharashtra to appoint judges in Mumbai high 
court and divisional benches at Nagpur and Aurangabad. 
Legislative power of Governor: 
He nominates 12 members of the Legislative council of diverse fill as per 
their expertise, he summons and prorogues the sessions of the state 
legislature and sissed to it that not more than 60 days the interval should be 
between both the sessions. Every bill passed in the legislature needs 
governors’ assent, but he may reserve the bills for presidential assent and 
can revert the ordinary bill back to the state legislature for reconsideration. 
Financial Powers: 
The Governor of Maharashtra enjoys power, though restricted and confine 
in certain areas, in terms of passing money bills, discussions regarding grant 
and amendment to any bill related to budget cannot be done without his 
asset and recommendations, he enjoys power to grant pardons to reduce 
sentences under Article 161, the same power the president of India also 
enjoys which falls in the judicial authority of the Governor. Article 163(1) 
of the Constitutional talks about decenary power, which is not clear for 
example in case of declaring emergency in the state, time of constitutional 
failure, but it is to the governor to act and use his discretionary power as 
Page 4


   
 
 
Politics of Modern 
Maharashtra 
 
3 
POLITICAL INSTITUTIONS IN 
MAHARASHTRA
 
 
  
  
  
  
  
  
  
INTRODUCTION 
The state of Maharashtra has always been active in national politics since 
its inception and it can be rightly stated that the Political Institutions that 
shaped the State of Maharashtra are so designed with the passage of time, 
since the reorganization of state, they have lent a unique system of 
functioning in totality. 
State legislature and its compositions (functions) 
To start, we should understand that, in parliamentary democracy, legislature 
has got its preeminence which cannot be challenged or distorted in the same 
way, liberal parliamentary democracy, in India imbibed the parliamentary 
principle and mode of functioning in the time of British democratic system 
and infused in it American Constitutional tenets to uphold the rights which 
stands ‘tall and monolithic in Indian Constitutional Structure and essence,’ 
the bicameral legislature there at center and a replica of bicameralism in the 
state specially in all the state, is a unique feature of Indian parliamentary 
democracy. 
MAHARASHTRA STATE LEGISLATURE: 
According to the provisions of Article 168, the State Legislature of 
Maharashtra consists of the Governor and two Houses of Legislature, 
namely the Legislative Assembly and the Legislative Council. The 
Governor is an integral part of the State Legislature and performs several 
functions in relation to the State Legislature. 
Legislative Assembly: 
The Legislative Assembly, also known as Vidhan Sabha, is popularly 
elected House of the State Legislature. Under Article 170 of the Indian 
 
 
 
 
 
Constitution, the State Legislative Assembly consist of not More than 500 
and not less 60 members. It comprises of 264 members, but it became 288 
in 1980, with 18 seats reserved for SC and 22 seats reserved for ST’s state 
are all divided into constituencies, here the ratio of the population is 
considered pivotal and the results are simple majority vote. As per the 
reservation of the seats (Article 332) certain seats were reserved in 
Legislative Assemblies for the SC and ST’s, previously, governor had the 
power to appoint one member from the Anglo-Indian Community but 
recently under the amendment of the Constitutional Act, the selection of 
Anglo-Indian member has been abolished, in January 2020 by 104th 
Constitutional amendment act, the reservation was abrogated. 
Tenure: 
Legislative Assembly cannot function more than five years, which can be 
extended to one year more but it can be reduced to five-year term and also 
can be abolished by Governor much before its actual tenure by calling 
National emergency or under the pretexts of the failure of Constitutional 
machinery. 
Legislative Council: As per the Constitution, this house is permanent, 
Article 171 states that the total number of the members of legislative council 
cannot be more than one fourth of the total member of the council in 
Maharashtra the total numbers of the members are 288 in Legislative 
Assembly and 78 in Legislative Council. 
Functions and Powers of State Legislature: 
In case of Legislative powers, the state legislate can legislate the matters in 
both state and concurrent list, where both the national and the state 
government work together. 
Financial Regulatory Power: 
State budgets are placed by the council of ministers in the state legislature 
but the decisions of the grant in related to the budget can be placed, discuss 
and all can consider the important issues which allow them to go for the 
refusal or rejection of the grants but not to increase it. 
Role of watchdog: 
State Legislature controls over the council of ministers, their work can be 
revived and scrutinize and by passing no confidence motion, the ministers 
can be removed. In case of Constitutional amendment, more than half of the 
members of the state is required and even for the election for the president 
of India, the electoral college comprises of the elected members of the 
Legislative Assembly. There are serious limitations of the state legislature, 
in case of finance bill budget placed on the floor, where Independent 
decisions, ratifications by state legislature cannot be taken, even for that 
matter, compulsory acquisition of the property needs presidential assent and 
by declaring national emergency or the Constitutional machinery failure or 
breakdown or the parliament bypassing many limitations can work on state 
list., where state legislature authority become void in other works, the 
central body takes control. 
   
 
 
 
 
STATE EXECUTIVE: 
Role of state executive is important is state politics of Maharashtra, both in 
macro and micro level of functioning. 
Governor: 
Under 155 provisions of the Article of Constitution, governor is appointed 
by the president, ‘It is understood that it in the state politics of Maharashtra’, 
the party at Centre namely the ruling congress party for decades had the 
power at the state level also, so it can be said there was controverse as such 
regarding the election of the governor in the state of Maharashtra only 
during the time were the Centre has different party and where the state’s 
political agenda and principles do not confirm the functioning of the 
governor it, creates conflict, the present governor would be given as an 
example. 
The office of the governor enjoys its stint during the pleasure of the 
president (Article 156), he can only be removed by the president. Recalling 
the governor, this has always been the bone of contention, owing to the 
concertation between the Centre and the ruling party but it has not happened 
in Maharashtra. 
Executive power of the Governor: 
The Governor is aided, advised by the council of ministers and he walks 
according to the Constitutions as per Article 154, he appoints the Advocate 
general of the state, he has the right to the inform about the day-to-day 
activities and affaires of the state. And more over president of India, 
consults the Governor of Maharashtra to appoint judges in Mumbai high 
court and divisional benches at Nagpur and Aurangabad. 
Legislative power of Governor: 
He nominates 12 members of the Legislative council of diverse fill as per 
their expertise, he summons and prorogues the sessions of the state 
legislature and sissed to it that not more than 60 days the interval should be 
between both the sessions. Every bill passed in the legislature needs 
governors’ assent, but he may reserve the bills for presidential assent and 
can revert the ordinary bill back to the state legislature for reconsideration. 
Financial Powers: 
The Governor of Maharashtra enjoys power, though restricted and confine 
in certain areas, in terms of passing money bills, discussions regarding grant 
and amendment to any bill related to budget cannot be done without his 
asset and recommendations, he enjoys power to grant pardons to reduce 
sentences under Article 161, the same power the president of India also 
enjoys which falls in the judicial authority of the Governor. Article 163(1) 
of the Constitutional talks about decenary power, which is not clear for 
example in case of declaring emergency in the state, time of constitutional 
failure, but it is to the governor to act and use his discretionary power as 
 
 
 
 
 
and when deeded. He can use his power to appoint CM, when no party has 
clear mended, he can impose Constitutional emergency, if the 
Constitutional machineries fails, but in this case president assent is needed, 
it can be mentioned that Governor special responsibility is important, which 
gives in the power to do certain functions and activities, which he may 
consider important by using his discretion. 
Role of Governor: 
It should be mentioned here that the state of Maharashtra does not have any 
issues related to the governors roll and functioning. Here, the recent political 
problem in the state of Maharashtra can be mentioned. 
CHIEF MINISTER: 
Chief Minister is appointed by governor, as we have seen it is a political 
formality or a decision laced with biased political motivation, or a mere 
constitutional formality coupled with the governor’s discretionary power 
which is not cleared. But the office of the CM as per Article 163(1) is a 
supreme head of the council of the Ministers who aid, advised the governor 
as per the Constitutional formality but CM’s office is nothing but an imitate 
replica of the prime minister of the center. 
Role and the functions of the Chief ministers: 
Role of Chief Minister is significant in preliminary democracy, Leading the 
Government, the selections of the council of members settling their 
disputes, settling issues, disrupting portfolio, he commands and presides 
over the cabinet meet. The Governor exercises his legislative power on the 
advised of the CM, the sessions of the state legislature are summoned, 
prorogue on the advised of the CM ‘here it should be mentioned that CM is 
a member of Vidhan Sabha’ but even if he is not a member of ither house 
of the state legislature but by the virtue of his majority party mended he 
preside over the cabinet meet, he is the one who mentions the link between 
the governor and the cabinet and also the governor and state legislature. As 
a head of administrative network he looks into the every state administrative 
department, in the role of distribution of patronage, in this case want should 
mention the sale of electoral bonds, which are highest in Maharashtra, by 
excursing his goodwill and authority the CM by organizing global business 
summit can ask for favor from industrial big business houses for investment 
in Maharashtra and it has been seen in the past in the case at the time of 
election camping the role of CM becomes important. In Maharashtra leaders 
like Vasant Dada Patil and Lat. Y. B. Chavan and Sharad Pawar all have 
great influence in Maharashtra. 
Council of Ministers: 
Council of Ministers role as per Article 163(1) of the Constitutional is 
important, as it provides a lending hand of administrative assistance under 
the leadership of the CM. In the formation of the leadership cercle, the 
importance of council of ministers who come from different caste and 
economic and social bag round and from different parts of Maharashtra, like 
Page 5


   
 
 
Politics of Modern 
Maharashtra 
 
3 
POLITICAL INSTITUTIONS IN 
MAHARASHTRA
 
 
  
  
  
  
  
  
  
INTRODUCTION 
The state of Maharashtra has always been active in national politics since 
its inception and it can be rightly stated that the Political Institutions that 
shaped the State of Maharashtra are so designed with the passage of time, 
since the reorganization of state, they have lent a unique system of 
functioning in totality. 
State legislature and its compositions (functions) 
To start, we should understand that, in parliamentary democracy, legislature 
has got its preeminence which cannot be challenged or distorted in the same 
way, liberal parliamentary democracy, in India imbibed the parliamentary 
principle and mode of functioning in the time of British democratic system 
and infused in it American Constitutional tenets to uphold the rights which 
stands ‘tall and monolithic in Indian Constitutional Structure and essence,’ 
the bicameral legislature there at center and a replica of bicameralism in the 
state specially in all the state, is a unique feature of Indian parliamentary 
democracy. 
MAHARASHTRA STATE LEGISLATURE: 
According to the provisions of Article 168, the State Legislature of 
Maharashtra consists of the Governor and two Houses of Legislature, 
namely the Legislative Assembly and the Legislative Council. The 
Governor is an integral part of the State Legislature and performs several 
functions in relation to the State Legislature. 
Legislative Assembly: 
The Legislative Assembly, also known as Vidhan Sabha, is popularly 
elected House of the State Legislature. Under Article 170 of the Indian 
 
 
 
 
 
Constitution, the State Legislative Assembly consist of not More than 500 
and not less 60 members. It comprises of 264 members, but it became 288 
in 1980, with 18 seats reserved for SC and 22 seats reserved for ST’s state 
are all divided into constituencies, here the ratio of the population is 
considered pivotal and the results are simple majority vote. As per the 
reservation of the seats (Article 332) certain seats were reserved in 
Legislative Assemblies for the SC and ST’s, previously, governor had the 
power to appoint one member from the Anglo-Indian Community but 
recently under the amendment of the Constitutional Act, the selection of 
Anglo-Indian member has been abolished, in January 2020 by 104th 
Constitutional amendment act, the reservation was abrogated. 
Tenure: 
Legislative Assembly cannot function more than five years, which can be 
extended to one year more but it can be reduced to five-year term and also 
can be abolished by Governor much before its actual tenure by calling 
National emergency or under the pretexts of the failure of Constitutional 
machinery. 
Legislative Council: As per the Constitution, this house is permanent, 
Article 171 states that the total number of the members of legislative council 
cannot be more than one fourth of the total member of the council in 
Maharashtra the total numbers of the members are 288 in Legislative 
Assembly and 78 in Legislative Council. 
Functions and Powers of State Legislature: 
In case of Legislative powers, the state legislate can legislate the matters in 
both state and concurrent list, where both the national and the state 
government work together. 
Financial Regulatory Power: 
State budgets are placed by the council of ministers in the state legislature 
but the decisions of the grant in related to the budget can be placed, discuss 
and all can consider the important issues which allow them to go for the 
refusal or rejection of the grants but not to increase it. 
Role of watchdog: 
State Legislature controls over the council of ministers, their work can be 
revived and scrutinize and by passing no confidence motion, the ministers 
can be removed. In case of Constitutional amendment, more than half of the 
members of the state is required and even for the election for the president 
of India, the electoral college comprises of the elected members of the 
Legislative Assembly. There are serious limitations of the state legislature, 
in case of finance bill budget placed on the floor, where Independent 
decisions, ratifications by state legislature cannot be taken, even for that 
matter, compulsory acquisition of the property needs presidential assent and 
by declaring national emergency or the Constitutional machinery failure or 
breakdown or the parliament bypassing many limitations can work on state 
list., where state legislature authority become void in other works, the 
central body takes control. 
   
 
 
 
 
STATE EXECUTIVE: 
Role of state executive is important is state politics of Maharashtra, both in 
macro and micro level of functioning. 
Governor: 
Under 155 provisions of the Article of Constitution, governor is appointed 
by the president, ‘It is understood that it in the state politics of Maharashtra’, 
the party at Centre namely the ruling congress party for decades had the 
power at the state level also, so it can be said there was controverse as such 
regarding the election of the governor in the state of Maharashtra only 
during the time were the Centre has different party and where the state’s 
political agenda and principles do not confirm the functioning of the 
governor it, creates conflict, the present governor would be given as an 
example. 
The office of the governor enjoys its stint during the pleasure of the 
president (Article 156), he can only be removed by the president. Recalling 
the governor, this has always been the bone of contention, owing to the 
concertation between the Centre and the ruling party but it has not happened 
in Maharashtra. 
Executive power of the Governor: 
The Governor is aided, advised by the council of ministers and he walks 
according to the Constitutions as per Article 154, he appoints the Advocate 
general of the state, he has the right to the inform about the day-to-day 
activities and affaires of the state. And more over president of India, 
consults the Governor of Maharashtra to appoint judges in Mumbai high 
court and divisional benches at Nagpur and Aurangabad. 
Legislative power of Governor: 
He nominates 12 members of the Legislative council of diverse fill as per 
their expertise, he summons and prorogues the sessions of the state 
legislature and sissed to it that not more than 60 days the interval should be 
between both the sessions. Every bill passed in the legislature needs 
governors’ assent, but he may reserve the bills for presidential assent and 
can revert the ordinary bill back to the state legislature for reconsideration. 
Financial Powers: 
The Governor of Maharashtra enjoys power, though restricted and confine 
in certain areas, in terms of passing money bills, discussions regarding grant 
and amendment to any bill related to budget cannot be done without his 
asset and recommendations, he enjoys power to grant pardons to reduce 
sentences under Article 161, the same power the president of India also 
enjoys which falls in the judicial authority of the Governor. Article 163(1) 
of the Constitutional talks about decenary power, which is not clear for 
example in case of declaring emergency in the state, time of constitutional 
failure, but it is to the governor to act and use his discretionary power as 
 
 
 
 
 
and when deeded. He can use his power to appoint CM, when no party has 
clear mended, he can impose Constitutional emergency, if the 
Constitutional machineries fails, but in this case president assent is needed, 
it can be mentioned that Governor special responsibility is important, which 
gives in the power to do certain functions and activities, which he may 
consider important by using his discretion. 
Role of Governor: 
It should be mentioned here that the state of Maharashtra does not have any 
issues related to the governors roll and functioning. Here, the recent political 
problem in the state of Maharashtra can be mentioned. 
CHIEF MINISTER: 
Chief Minister is appointed by governor, as we have seen it is a political 
formality or a decision laced with biased political motivation, or a mere 
constitutional formality coupled with the governor’s discretionary power 
which is not cleared. But the office of the CM as per Article 163(1) is a 
supreme head of the council of the Ministers who aid, advised the governor 
as per the Constitutional formality but CM’s office is nothing but an imitate 
replica of the prime minister of the center. 
Role and the functions of the Chief ministers: 
Role of Chief Minister is significant in preliminary democracy, Leading the 
Government, the selections of the council of members settling their 
disputes, settling issues, disrupting portfolio, he commands and presides 
over the cabinet meet. The Governor exercises his legislative power on the 
advised of the CM, the sessions of the state legislature are summoned, 
prorogue on the advised of the CM ‘here it should be mentioned that CM is 
a member of Vidhan Sabha’ but even if he is not a member of ither house 
of the state legislature but by the virtue of his majority party mended he 
preside over the cabinet meet, he is the one who mentions the link between 
the governor and the cabinet and also the governor and state legislature. As 
a head of administrative network he looks into the every state administrative 
department, in the role of distribution of patronage, in this case want should 
mention the sale of electoral bonds, which are highest in Maharashtra, by 
excursing his goodwill and authority the CM by organizing global business 
summit can ask for favor from industrial big business houses for investment 
in Maharashtra and it has been seen in the past in the case at the time of 
election camping the role of CM becomes important. In Maharashtra leaders 
like Vasant Dada Patil and Lat. Y. B. Chavan and Sharad Pawar all have 
great influence in Maharashtra. 
Council of Ministers: 
Council of Ministers role as per Article 163(1) of the Constitutional is 
important, as it provides a lending hand of administrative assistance under 
the leadership of the CM. In the formation of the leadership cercle, the 
importance of council of ministers who come from different caste and 
economic and social bag round and from different parts of Maharashtra, like 
   
 
 
 
 
western Maharashtra, Konkan, Vidarbha, Marathwada, it should be 
mentioned here that equal representation of different ministerial in the form 
of counsel of ministers may not be possible, so CM has to walk on a tight 
‘rough situation with great wisdom and discretion.’ As per Article 352 of 
the Constitution by 40 sec. amendment act of 1978, which embarks upon 
the councils of ministers, not the cabinet but it has been seen that the cabinet 
leads and performed trigender role of political sagacity and wisdom by 
leading the parliamentary vehicle by performing the role of decision makers 
it has been given the role of determining policies which are of great 
important, even the legislative power of the cabinet, in making decision, 
drafting bills and also has taken up the role of all powerful decision makers 
and rule makers, by virtutes of delegated legislations. 
JUDICIARY IN MAHARASHTRA 
It places a very important role in caring out, a watchdog kind of activities 
to ensure ‘rule of law’ and ‘checks and balances’ in Maharashtra. Mumbai 
high courts have territorial jurisdiction over goa and the whole of 
Maharashtra, as well as the union territories of Dadra Nagar Haveli, Deu, 
Daman, three benches are there also in Aurangabad, Panji and Nagpur at 
present Mumbai high court has chief justice and 75 Judges in all, Chief 
Justice of Mumbai high court is appointed by president in consternation 
with the chief justice of India and the governor of the state. As per the 
Qualification, the judges should be bonafide citizen of India held or still 
holding judicial post in the territorial India for ten years or more, or acted 
as an Advocate for at least ten years, the judges can be in service for 62 
years and which is getting extended to, 65 years. 
Removal 
Article 124(4) says impeachment can be done of the ground of conduct, 
misbehavior, or incapacity, if the Judge is incapacitated in his functions, he 
can be removed but the resolution has to be passed by 2/3 members of the 
parliament, both the houses present of voting and finally the president can 
give order for the removal. After retiring for the Judicial post, the Judges 
can work as an Advocate in supreme court or can get selected in Arbitration 
bodies or in any Semi- Judicial Body. 
The salary of the Judges of determine by the president we should mention 
her that high court have jurisdiction in the name of original, appellate, 
supervisory, court of record and PILL (Public Interest Litigation). 
In case of original Jurisdiction, the High courts have the power to issue writs 
ad anybody can come to high court for the violation of rights or any bridge 
of Constitutional rights or mis interpretation of Constitutional Law, could 
be taken up by high court by providing Constitutional remedies. 
In case of subordinate or lower courts, their roles and functions are 
designed as follows 
District and Sessions Court, which deals with Civil and Criminal cases, a 
district Judge deals with civil matters, whereas sessions Judge deals with