Page 1
State Government
The State Legislature occupies a pre-eminent and central position in the political system as
a state. Articles 168 to 212 in Part IV of the Constitution deal with the state Legislature.
The organisation of state legislation has no uniformity. Most of the states have an unicameral
system, while others have a bicameral system. At present only six states have two houses
(Bicameral) namely, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh.
The Indian constitution is federal in structure with unitary features. A federation means
distribution of powers between the Central Government and the government of the states
forming the Federation.
There is a division of powers between the center and the states. Different subjects have
been categorised in three lists known as the Union List, State List and Concurrent List. The
Union List contains as many as 97 subjects and only the Parliament has exclusive power to
make laws with respect to any of the matters enumerated in it. It includes many subjects
such as defence, arms, atomic energy, foreign affairs, railways, shipping, etc. The States List
incorporates 66 subjects such as public order, police, local Government, agriculture, land,
fisheries, land-revenue, etc. Only the legislature of the States has the power to make laws in
this list. The Concurrent List involves 47 subjects over which both the Parliament and the
legislature of any state have the power to make laws.
The privileges of a state Legislature are a sum of special rights, immunities and exemptions
enjoyed by the Houses of State Legislature, their committees and their members. Privileges
can be classified into two categories:
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that are enjoyed by the members individually.
Jharkhand has only one legislature in the name of Vidhan Sabha. The total number of the
members of Vidhan Sabha is 81. There are reserved seats for Scheduled Castes and
Scheduled Tribes in accordance with provisions of the Indian constitution.
The following are the qualifications for membership of the Assembly:
(i) A person should be a citizen of India.
(ii) A person should be twenty five years of age.
(iii) A person must possess such other qualifications as prescribed by parliament.
The Governor
A person is disqualified for being a member of the State Legislature if:
(i) he holds any office of profit under the Government of India or the Government of any
State.
(ii) he is of unsound mind.
Page 2
State Government
The State Legislature occupies a pre-eminent and central position in the political system as
a state. Articles 168 to 212 in Part IV of the Constitution deal with the state Legislature.
The organisation of state legislation has no uniformity. Most of the states have an unicameral
system, while others have a bicameral system. At present only six states have two houses
(Bicameral) namely, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh.
The Indian constitution is federal in structure with unitary features. A federation means
distribution of powers between the Central Government and the government of the states
forming the Federation.
There is a division of powers between the center and the states. Different subjects have
been categorised in three lists known as the Union List, State List and Concurrent List. The
Union List contains as many as 97 subjects and only the Parliament has exclusive power to
make laws with respect to any of the matters enumerated in it. It includes many subjects
such as defence, arms, atomic energy, foreign affairs, railways, shipping, etc. The States List
incorporates 66 subjects such as public order, police, local Government, agriculture, land,
fisheries, land-revenue, etc. Only the legislature of the States has the power to make laws in
this list. The Concurrent List involves 47 subjects over which both the Parliament and the
legislature of any state have the power to make laws.
The privileges of a state Legislature are a sum of special rights, immunities and exemptions
enjoyed by the Houses of State Legislature, their committees and their members. Privileges
can be classified into two categories:
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that are enjoyed by the members individually.
Jharkhand has only one legislature in the name of Vidhan Sabha. The total number of the
members of Vidhan Sabha is 81. There are reserved seats for Scheduled Castes and
Scheduled Tribes in accordance with provisions of the Indian constitution.
The following are the qualifications for membership of the Assembly:
(i) A person should be a citizen of India.
(ii) A person should be twenty five years of age.
(iii) A person must possess such other qualifications as prescribed by parliament.
The Governor
A person is disqualified for being a member of the State Legislature if:
(i) he holds any office of profit under the Government of India or the Government of any
State.
(ii) he is of unsound mind.
(iii) he is an undischarged insolvent.
(iv) he is not a citizen of India.
Articles 153 to 167 in Part VI of the Constitution deal with the State executive. The State
executive consists of the Governor, the Chief Minister, the council of ministers and the
advocate general of the state.
The Governor is the Head of the State of Jharkhand. The first Governor of Jharkhand was
Prabhat Kumar. At present, Santosh Kumar Gangwar is the Governor of Jharkhand. He was
sworn in on July 31, 2024. Gangwar succeeds C.P. Radhakrishnan, who moved to
Maharashtra.
The President appoints the Governor by warrant under his hand and seal. The normal tenure
of a Governor is five years from the date on which he enters upon his office. There are some
qualifications for the post. The Governor should:
(i) be a citizen of India
(ii) have completed the age of 35 yrs.
(iii) not hold any office of profit under the Government.
(iv) not be a member of either House of Parliament or of State Legislature.
Oath: Every Governor and every person discharging the functions of the Governor before
entering upon his office, takes an oath or affirmation in the presence of Chief Justice of the
High Court, or in his absence, the senior most Judge of Jharkhand High Court. The model
OATH is given in Article 159 of the Indian Constitution.
The Governor gets a monthly salary of ? 3.50 lakh (revised from ? 1.10 lakh in 2014)
together with other allowances befitting his position and status. He is entitled to the use of an
official residence.
As the Executive Head of the State, the Governor exercises powers similar to those of the
Union President. The Governor appoints the Chief Minister on whose advice the other
Ministers are appointed. If there is no party commanding a clear majority, the Governor is
required to make an assessment of the situation and act in his discretion.
The Governor appoints the Advocate General and The Members of the Jharkhand Public
Service Commission. He is also consulted by the President while appointing Judges of the
State High Court.
It is also the duty of the Chief Minister to communicate to the Governor of the State all
decisions of the Council of Ministers relating to the administration of the affairs of the State
and proposals for legislation. The Chief-Minister is also required to furnish such information
as the Governor may call for.
The Governor summons the sessions of the State Legislature but there should not be a
difference of more than six months between the last sitting in one session and the first sitting
of the next session. The Governor is also empowered to prorogue either House and to
dissolve the Legislative Assembly.
Page 3
State Government
The State Legislature occupies a pre-eminent and central position in the political system as
a state. Articles 168 to 212 in Part IV of the Constitution deal with the state Legislature.
The organisation of state legislation has no uniformity. Most of the states have an unicameral
system, while others have a bicameral system. At present only six states have two houses
(Bicameral) namely, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh.
The Indian constitution is federal in structure with unitary features. A federation means
distribution of powers between the Central Government and the government of the states
forming the Federation.
There is a division of powers between the center and the states. Different subjects have
been categorised in three lists known as the Union List, State List and Concurrent List. The
Union List contains as many as 97 subjects and only the Parliament has exclusive power to
make laws with respect to any of the matters enumerated in it. It includes many subjects
such as defence, arms, atomic energy, foreign affairs, railways, shipping, etc. The States List
incorporates 66 subjects such as public order, police, local Government, agriculture, land,
fisheries, land-revenue, etc. Only the legislature of the States has the power to make laws in
this list. The Concurrent List involves 47 subjects over which both the Parliament and the
legislature of any state have the power to make laws.
The privileges of a state Legislature are a sum of special rights, immunities and exemptions
enjoyed by the Houses of State Legislature, their committees and their members. Privileges
can be classified into two categories:
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that are enjoyed by the members individually.
Jharkhand has only one legislature in the name of Vidhan Sabha. The total number of the
members of Vidhan Sabha is 81. There are reserved seats for Scheduled Castes and
Scheduled Tribes in accordance with provisions of the Indian constitution.
The following are the qualifications for membership of the Assembly:
(i) A person should be a citizen of India.
(ii) A person should be twenty five years of age.
(iii) A person must possess such other qualifications as prescribed by parliament.
The Governor
A person is disqualified for being a member of the State Legislature if:
(i) he holds any office of profit under the Government of India or the Government of any
State.
(ii) he is of unsound mind.
(iii) he is an undischarged insolvent.
(iv) he is not a citizen of India.
Articles 153 to 167 in Part VI of the Constitution deal with the State executive. The State
executive consists of the Governor, the Chief Minister, the council of ministers and the
advocate general of the state.
The Governor is the Head of the State of Jharkhand. The first Governor of Jharkhand was
Prabhat Kumar. At present, Santosh Kumar Gangwar is the Governor of Jharkhand. He was
sworn in on July 31, 2024. Gangwar succeeds C.P. Radhakrishnan, who moved to
Maharashtra.
The President appoints the Governor by warrant under his hand and seal. The normal tenure
of a Governor is five years from the date on which he enters upon his office. There are some
qualifications for the post. The Governor should:
(i) be a citizen of India
(ii) have completed the age of 35 yrs.
(iii) not hold any office of profit under the Government.
(iv) not be a member of either House of Parliament or of State Legislature.
Oath: Every Governor and every person discharging the functions of the Governor before
entering upon his office, takes an oath or affirmation in the presence of Chief Justice of the
High Court, or in his absence, the senior most Judge of Jharkhand High Court. The model
OATH is given in Article 159 of the Indian Constitution.
The Governor gets a monthly salary of ? 3.50 lakh (revised from ? 1.10 lakh in 2014)
together with other allowances befitting his position and status. He is entitled to the use of an
official residence.
As the Executive Head of the State, the Governor exercises powers similar to those of the
Union President. The Governor appoints the Chief Minister on whose advice the other
Ministers are appointed. If there is no party commanding a clear majority, the Governor is
required to make an assessment of the situation and act in his discretion.
The Governor appoints the Advocate General and The Members of the Jharkhand Public
Service Commission. He is also consulted by the President while appointing Judges of the
State High Court.
It is also the duty of the Chief Minister to communicate to the Governor of the State all
decisions of the Council of Ministers relating to the administration of the affairs of the State
and proposals for legislation. The Chief-Minister is also required to furnish such information
as the Governor may call for.
The Governor summons the sessions of the State Legislature but there should not be a
difference of more than six months between the last sitting in one session and the first sitting
of the next session. The Governor is also empowered to prorogue either House and to
dissolve the Legislative Assembly.
The Governor addresses the Legislative Assembly at the commencement of the first session
after each General Election.
On bills, the Governor may take one of the following steps: a) he may assent to the Bill; b)
he may withhold his assent; c) he may reserve the Bill for consideration of the president or d)
he may return the bill to the House, if not a Money Bill, with the request that the Bill may be
considered again.
The Governor promulgates an ordinance when the legislative assembly is not in session.
There must be reasonable grounds of his satisfaction that there exist circumstances, which
make it necessary to take immediate action. It ceases to operate at the expiration of six
weeks from the reassembly of the legislature.
In financial matters, no money bills can be introduced except with the approval of the
Governor.
The Governor has to act on the advice of the council of Ministers, except when he has to
exercise discretion. The Governor has the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any person
(convicted).
The Governor also enjoys the power to make a report to the President (regarding Article
356). The President may impose ‘President Rule’ after being satisfied with the report.
The Council of Ministers
Article 163 provides that there shall be a council of ministers with the Chief Minister at the
head to aid and advise the Governor in the exercise of his functions.
THE CHIEF MINISTER
The Governor appoints the Chief Minister and other Ministers on the advice of the Chief
Minister. If two parties claim a real majority, the Governor is required to act in his discretion
and the decision of the Governor in his discretion is final.
The Chief Minister should be a member of either House of the State Legislature. If the
majority of the members express their confidence in a person who at that time does not
happen to be a member of the state legislature, then the outsider too can become the Chief
Minister of a State. But such a Chief Minister must get himself elected or nominated to either
House within a period of six months.
The Chief Minister and other Ministers hold office during the pleasure of the Governor.
These words “during the pleasure” do not mean that the Governor can dismiss his Ministers
at his will. The expression really means that the Ministers remain in office so long as they
retain the confidence of the Legislative Assembly.
The Governor appoints the Chief Minister. The Governor on the advice of the Chief Minister
(CM) appoints other Ministers. The CM and his Ministers constitute the Cabinet. The Cabinet
Page 4
State Government
The State Legislature occupies a pre-eminent and central position in the political system as
a state. Articles 168 to 212 in Part IV of the Constitution deal with the state Legislature.
The organisation of state legislation has no uniformity. Most of the states have an unicameral
system, while others have a bicameral system. At present only six states have two houses
(Bicameral) namely, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh.
The Indian constitution is federal in structure with unitary features. A federation means
distribution of powers between the Central Government and the government of the states
forming the Federation.
There is a division of powers between the center and the states. Different subjects have
been categorised in three lists known as the Union List, State List and Concurrent List. The
Union List contains as many as 97 subjects and only the Parliament has exclusive power to
make laws with respect to any of the matters enumerated in it. It includes many subjects
such as defence, arms, atomic energy, foreign affairs, railways, shipping, etc. The States List
incorporates 66 subjects such as public order, police, local Government, agriculture, land,
fisheries, land-revenue, etc. Only the legislature of the States has the power to make laws in
this list. The Concurrent List involves 47 subjects over which both the Parliament and the
legislature of any state have the power to make laws.
The privileges of a state Legislature are a sum of special rights, immunities and exemptions
enjoyed by the Houses of State Legislature, their committees and their members. Privileges
can be classified into two categories:
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that are enjoyed by the members individually.
Jharkhand has only one legislature in the name of Vidhan Sabha. The total number of the
members of Vidhan Sabha is 81. There are reserved seats for Scheduled Castes and
Scheduled Tribes in accordance with provisions of the Indian constitution.
The following are the qualifications for membership of the Assembly:
(i) A person should be a citizen of India.
(ii) A person should be twenty five years of age.
(iii) A person must possess such other qualifications as prescribed by parliament.
The Governor
A person is disqualified for being a member of the State Legislature if:
(i) he holds any office of profit under the Government of India or the Government of any
State.
(ii) he is of unsound mind.
(iii) he is an undischarged insolvent.
(iv) he is not a citizen of India.
Articles 153 to 167 in Part VI of the Constitution deal with the State executive. The State
executive consists of the Governor, the Chief Minister, the council of ministers and the
advocate general of the state.
The Governor is the Head of the State of Jharkhand. The first Governor of Jharkhand was
Prabhat Kumar. At present, Santosh Kumar Gangwar is the Governor of Jharkhand. He was
sworn in on July 31, 2024. Gangwar succeeds C.P. Radhakrishnan, who moved to
Maharashtra.
The President appoints the Governor by warrant under his hand and seal. The normal tenure
of a Governor is five years from the date on which he enters upon his office. There are some
qualifications for the post. The Governor should:
(i) be a citizen of India
(ii) have completed the age of 35 yrs.
(iii) not hold any office of profit under the Government.
(iv) not be a member of either House of Parliament or of State Legislature.
Oath: Every Governor and every person discharging the functions of the Governor before
entering upon his office, takes an oath or affirmation in the presence of Chief Justice of the
High Court, or in his absence, the senior most Judge of Jharkhand High Court. The model
OATH is given in Article 159 of the Indian Constitution.
The Governor gets a monthly salary of ? 3.50 lakh (revised from ? 1.10 lakh in 2014)
together with other allowances befitting his position and status. He is entitled to the use of an
official residence.
As the Executive Head of the State, the Governor exercises powers similar to those of the
Union President. The Governor appoints the Chief Minister on whose advice the other
Ministers are appointed. If there is no party commanding a clear majority, the Governor is
required to make an assessment of the situation and act in his discretion.
The Governor appoints the Advocate General and The Members of the Jharkhand Public
Service Commission. He is also consulted by the President while appointing Judges of the
State High Court.
It is also the duty of the Chief Minister to communicate to the Governor of the State all
decisions of the Council of Ministers relating to the administration of the affairs of the State
and proposals for legislation. The Chief-Minister is also required to furnish such information
as the Governor may call for.
The Governor summons the sessions of the State Legislature but there should not be a
difference of more than six months between the last sitting in one session and the first sitting
of the next session. The Governor is also empowered to prorogue either House and to
dissolve the Legislative Assembly.
The Governor addresses the Legislative Assembly at the commencement of the first session
after each General Election.
On bills, the Governor may take one of the following steps: a) he may assent to the Bill; b)
he may withhold his assent; c) he may reserve the Bill for consideration of the president or d)
he may return the bill to the House, if not a Money Bill, with the request that the Bill may be
considered again.
The Governor promulgates an ordinance when the legislative assembly is not in session.
There must be reasonable grounds of his satisfaction that there exist circumstances, which
make it necessary to take immediate action. It ceases to operate at the expiration of six
weeks from the reassembly of the legislature.
In financial matters, no money bills can be introduced except with the approval of the
Governor.
The Governor has to act on the advice of the council of Ministers, except when he has to
exercise discretion. The Governor has the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any person
(convicted).
The Governor also enjoys the power to make a report to the President (regarding Article
356). The President may impose ‘President Rule’ after being satisfied with the report.
The Council of Ministers
Article 163 provides that there shall be a council of ministers with the Chief Minister at the
head to aid and advise the Governor in the exercise of his functions.
THE CHIEF MINISTER
The Governor appoints the Chief Minister and other Ministers on the advice of the Chief
Minister. If two parties claim a real majority, the Governor is required to act in his discretion
and the decision of the Governor in his discretion is final.
The Chief Minister should be a member of either House of the State Legislature. If the
majority of the members express their confidence in a person who at that time does not
happen to be a member of the state legislature, then the outsider too can become the Chief
Minister of a State. But such a Chief Minister must get himself elected or nominated to either
House within a period of six months.
The Chief Minister and other Ministers hold office during the pleasure of the Governor.
These words “during the pleasure” do not mean that the Governor can dismiss his Ministers
at his will. The expression really means that the Ministers remain in office so long as they
retain the confidence of the Legislative Assembly.
The Governor appoints the Chief Minister. The Governor on the advice of the Chief Minister
(CM) appoints other Ministers. The CM and his Ministers constitute the Cabinet. The Cabinet
has the collective responsibility and whenever a decision is taken by the Cabinet, every
Minister has to stand by it.
All the ministers including the Chief Minister take the Oaths of Office and Secrecy. Under
Oath of Office they affirm that (a) they will bear faith and allegiance to the constitution and
(b) they will do right to all manner of people without Fear or Favour, affection or ill will. Under
‘Oath of Secrecy’ they affirm that they will not reveal to any person, any matter which is
brought to their consideration as Ministers.
The Ministers are usually of three categories: (a) Cabinet Minister, (b) Minister of State (c)
Deputy Minister. At present, the Ministers in Jharkhand are of first two categories. There is
no Deputy Minister in the State. The Cabinet ministers hold major portfolios like public order,
police, agriculture, land revenue, finance, industries, forest etc. They attend meeting of the
Cabinet and decide the policy and programme of the government.
At present, Hemant Soren is the Chief Minister of Jharkhand.
The quorum to constitute a meeting of the House is 10 members or one-tenth of the total
members of the House. The Legislative Assembly chooses one of its members as the
Speaker and another as Deputy Speaker. A Speaker may be removed from office by a
resolution passed by a majority of the members of the Assembly.
THE JUDICIARY
High Court: 24 High Courts in India. The High Court is a Constitutional Court in terms of
Article 215. It is a Court of Record and has all the powers of such Court including the power
to punish for Contempt of itself and for Contempt of Courts subordinate to it. Every High
Court consists of a Chief Justice and such other Judges as the President of India from time
to time deem it necessary.
A circuit bench of the Patna High Court was established at Ranchi with effect from 6th
March, 1972 under clause 36 of the Letter Patent of that High Court. The bench was
established to meet the needs of the Adivasi Population of the Chotanagpur area in erstwhile
State of Bihar.
The Circuit bench was made Permanent Bench of Patna High Court, by Act No. 57 of 1976,
by High Court at Patna (Establishment of Permanent Bench at Ranchi) Act 1976 with effect
from 8th April 1976.
Jharkhand High Court is the apex body of the judiciary in the State. It came into existence on
15th November 2000. There was a Ranchi Bench of Patna High Court. In the beginning the
total number of judges was seven excluding a Chief
Justice. Later the strength of judges was raised to 12 including the Chief Justice. The latest
strength of the High Court judges is 25. The strength was last revised in 2023.
The Chief Justice of Jharkhand High Court is appointed by the President of India in
consultation with the Chief Justice of the Supreme Court and the Governor of the concerned
Page 5
State Government
The State Legislature occupies a pre-eminent and central position in the political system as
a state. Articles 168 to 212 in Part IV of the Constitution deal with the state Legislature.
The organisation of state legislation has no uniformity. Most of the states have an unicameral
system, while others have a bicameral system. At present only six states have two houses
(Bicameral) namely, Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar
Pradesh.
The Indian constitution is federal in structure with unitary features. A federation means
distribution of powers between the Central Government and the government of the states
forming the Federation.
There is a division of powers between the center and the states. Different subjects have
been categorised in three lists known as the Union List, State List and Concurrent List. The
Union List contains as many as 97 subjects and only the Parliament has exclusive power to
make laws with respect to any of the matters enumerated in it. It includes many subjects
such as defence, arms, atomic energy, foreign affairs, railways, shipping, etc. The States List
incorporates 66 subjects such as public order, police, local Government, agriculture, land,
fisheries, land-revenue, etc. Only the legislature of the States has the power to make laws in
this list. The Concurrent List involves 47 subjects over which both the Parliament and the
legislature of any state have the power to make laws.
The privileges of a state Legislature are a sum of special rights, immunities and exemptions
enjoyed by the Houses of State Legislature, their committees and their members. Privileges
can be classified into two categories:
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that are enjoyed by the members individually.
Jharkhand has only one legislature in the name of Vidhan Sabha. The total number of the
members of Vidhan Sabha is 81. There are reserved seats for Scheduled Castes and
Scheduled Tribes in accordance with provisions of the Indian constitution.
The following are the qualifications for membership of the Assembly:
(i) A person should be a citizen of India.
(ii) A person should be twenty five years of age.
(iii) A person must possess such other qualifications as prescribed by parliament.
The Governor
A person is disqualified for being a member of the State Legislature if:
(i) he holds any office of profit under the Government of India or the Government of any
State.
(ii) he is of unsound mind.
(iii) he is an undischarged insolvent.
(iv) he is not a citizen of India.
Articles 153 to 167 in Part VI of the Constitution deal with the State executive. The State
executive consists of the Governor, the Chief Minister, the council of ministers and the
advocate general of the state.
The Governor is the Head of the State of Jharkhand. The first Governor of Jharkhand was
Prabhat Kumar. At present, Santosh Kumar Gangwar is the Governor of Jharkhand. He was
sworn in on July 31, 2024. Gangwar succeeds C.P. Radhakrishnan, who moved to
Maharashtra.
The President appoints the Governor by warrant under his hand and seal. The normal tenure
of a Governor is five years from the date on which he enters upon his office. There are some
qualifications for the post. The Governor should:
(i) be a citizen of India
(ii) have completed the age of 35 yrs.
(iii) not hold any office of profit under the Government.
(iv) not be a member of either House of Parliament or of State Legislature.
Oath: Every Governor and every person discharging the functions of the Governor before
entering upon his office, takes an oath or affirmation in the presence of Chief Justice of the
High Court, or in his absence, the senior most Judge of Jharkhand High Court. The model
OATH is given in Article 159 of the Indian Constitution.
The Governor gets a monthly salary of ? 3.50 lakh (revised from ? 1.10 lakh in 2014)
together with other allowances befitting his position and status. He is entitled to the use of an
official residence.
As the Executive Head of the State, the Governor exercises powers similar to those of the
Union President. The Governor appoints the Chief Minister on whose advice the other
Ministers are appointed. If there is no party commanding a clear majority, the Governor is
required to make an assessment of the situation and act in his discretion.
The Governor appoints the Advocate General and The Members of the Jharkhand Public
Service Commission. He is also consulted by the President while appointing Judges of the
State High Court.
It is also the duty of the Chief Minister to communicate to the Governor of the State all
decisions of the Council of Ministers relating to the administration of the affairs of the State
and proposals for legislation. The Chief-Minister is also required to furnish such information
as the Governor may call for.
The Governor summons the sessions of the State Legislature but there should not be a
difference of more than six months between the last sitting in one session and the first sitting
of the next session. The Governor is also empowered to prorogue either House and to
dissolve the Legislative Assembly.
The Governor addresses the Legislative Assembly at the commencement of the first session
after each General Election.
On bills, the Governor may take one of the following steps: a) he may assent to the Bill; b)
he may withhold his assent; c) he may reserve the Bill for consideration of the president or d)
he may return the bill to the House, if not a Money Bill, with the request that the Bill may be
considered again.
The Governor promulgates an ordinance when the legislative assembly is not in session.
There must be reasonable grounds of his satisfaction that there exist circumstances, which
make it necessary to take immediate action. It ceases to operate at the expiration of six
weeks from the reassembly of the legislature.
In financial matters, no money bills can be introduced except with the approval of the
Governor.
The Governor has to act on the advice of the council of Ministers, except when he has to
exercise discretion. The Governor has the power to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence of any person
(convicted).
The Governor also enjoys the power to make a report to the President (regarding Article
356). The President may impose ‘President Rule’ after being satisfied with the report.
The Council of Ministers
Article 163 provides that there shall be a council of ministers with the Chief Minister at the
head to aid and advise the Governor in the exercise of his functions.
THE CHIEF MINISTER
The Governor appoints the Chief Minister and other Ministers on the advice of the Chief
Minister. If two parties claim a real majority, the Governor is required to act in his discretion
and the decision of the Governor in his discretion is final.
The Chief Minister should be a member of either House of the State Legislature. If the
majority of the members express their confidence in a person who at that time does not
happen to be a member of the state legislature, then the outsider too can become the Chief
Minister of a State. But such a Chief Minister must get himself elected or nominated to either
House within a period of six months.
The Chief Minister and other Ministers hold office during the pleasure of the Governor.
These words “during the pleasure” do not mean that the Governor can dismiss his Ministers
at his will. The expression really means that the Ministers remain in office so long as they
retain the confidence of the Legislative Assembly.
The Governor appoints the Chief Minister. The Governor on the advice of the Chief Minister
(CM) appoints other Ministers. The CM and his Ministers constitute the Cabinet. The Cabinet
has the collective responsibility and whenever a decision is taken by the Cabinet, every
Minister has to stand by it.
All the ministers including the Chief Minister take the Oaths of Office and Secrecy. Under
Oath of Office they affirm that (a) they will bear faith and allegiance to the constitution and
(b) they will do right to all manner of people without Fear or Favour, affection or ill will. Under
‘Oath of Secrecy’ they affirm that they will not reveal to any person, any matter which is
brought to their consideration as Ministers.
The Ministers are usually of three categories: (a) Cabinet Minister, (b) Minister of State (c)
Deputy Minister. At present, the Ministers in Jharkhand are of first two categories. There is
no Deputy Minister in the State. The Cabinet ministers hold major portfolios like public order,
police, agriculture, land revenue, finance, industries, forest etc. They attend meeting of the
Cabinet and decide the policy and programme of the government.
At present, Hemant Soren is the Chief Minister of Jharkhand.
The quorum to constitute a meeting of the House is 10 members or one-tenth of the total
members of the House. The Legislative Assembly chooses one of its members as the
Speaker and another as Deputy Speaker. A Speaker may be removed from office by a
resolution passed by a majority of the members of the Assembly.
THE JUDICIARY
High Court: 24 High Courts in India. The High Court is a Constitutional Court in terms of
Article 215. It is a Court of Record and has all the powers of such Court including the power
to punish for Contempt of itself and for Contempt of Courts subordinate to it. Every High
Court consists of a Chief Justice and such other Judges as the President of India from time
to time deem it necessary.
A circuit bench of the Patna High Court was established at Ranchi with effect from 6th
March, 1972 under clause 36 of the Letter Patent of that High Court. The bench was
established to meet the needs of the Adivasi Population of the Chotanagpur area in erstwhile
State of Bihar.
The Circuit bench was made Permanent Bench of Patna High Court, by Act No. 57 of 1976,
by High Court at Patna (Establishment of Permanent Bench at Ranchi) Act 1976 with effect
from 8th April 1976.
Jharkhand High Court is the apex body of the judiciary in the State. It came into existence on
15th November 2000. There was a Ranchi Bench of Patna High Court. In the beginning the
total number of judges was seven excluding a Chief
Justice. Later the strength of judges was raised to 12 including the Chief Justice. The latest
strength of the High Court judges is 25. The strength was last revised in 2023.
The Chief Justice of Jharkhand High Court is appointed by the President of India in
consultation with the Chief Justice of the Supreme Court and the Governor of the concerned
state. In the appointment of other judges, the opinion of the Chief Justice is also taken. The
Chief Justice of the Supreme Court makes recommendations in consultation with two senior
most judges of the Supreme Court.
The qualifications of the judges are as follows:
(i) A person should be citizen of India.
(ii) A person should have held judicial office in India for at least ten years.
(iii) A person should be an advocate of a High Court for at least 10 years.
Every judge of Jharkhand High Court holds office till the age of 62 years. He can be
removed from office on the ground of proved misbehaviour or incapacity. But it is possible
only when both the Houses of Parliament present an address to the President for such
removal.
The salaries, allowances, privileges, leave and pensions of the Judges of a high court are
determined from time to time by the parliament. They cannot be varied to their disadvantage
after their appointment except during financial emergencies. In 2018, the salary of the Chief
Justice was increased to ?2,50,000 per month and that of a judge to ?2,25,000 per month.
The retired Chief Justice and Judges are entitled to 50% of their last drawn salary as
monthly pension plus dearness allowance.
JURISDICTION AND POWER OF HIGH COURT
At present, a High Court enjoys the Following Jurisdiction and powers:
(1) Original Jurisdiction
(2) Writ Jurisdiction
(3) Appellate Jurisdiction
(4) Supervisory Jurisdiction
(5) Control over Subordinate Courts
(6) A court of record
(7) Power of Judicial review.
The present jurisdiction and powers of High Court are governed by (a) the constitutional
provisions, (b) the letters patents, (c) the acts of Parliaments (d) the acts of state legislature,
(e) Indian Penal Code, 1860, (f) Criminal procedure code, 1973, and (g) Civil Procedure
Code 1908.
The High Court has also the power to issue writs to a person or an official to protect the
Fundamental Rights or other purposes. Such writings may include the Writs of Habeas
Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
The Jharkhand High Court enjoys the powers of superintendence over all courts within the
territorial jurisdiction of this state. The High Court enjoys the following powers in this regard:
(i) the appointment, posting and promotion of district judge are made by the governor in
consultation with the High Court (ii) the High Court prescribes forms in which books, entries
and accounts are maintained by the Courts, (iii) the High Court can frame rules for regulating
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