State Government | Jharkhand State (JPSC) PSC: Preparation - JPSC (Jharkhand) PDF Download

 Page 1


Jharkhand : General Knowledge Amar Ujala Publications
STATE GOVERNMENT
STATE LEGISLATURE
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 contitution deal with state
Legislaure.
The organisation of state legislative has no uniformity. Most of the state have
an unicameral system, while others have bicameral system. At present only six
states have two houses (Bicameral) namely , Andhra Pradesh, Uttar Pradesh, Bihar,
Maharashtra, Karnataka and Jammu and Kashmir.
The Indian constitution is federal in structure with unitary features. A
federation means distribution of powers between the Central Government and
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 privilages of a state Legialture are a sum of special rights, immunities and
exemptions enjoyed by the Houses of State Legailature, thier committees and their
members. Privilages can be classified into two categories :
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that enjoyed by the members individually.
Jharkhand has only one legislative in the name of Vidhan Sabha. The total
number of the members of Vidhan Sabha is 82. One Anglo Indian member is
nominated by the Governor. There are rescued 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 qualification as prescribed by
parliament.
Page 2


Jharkhand : General Knowledge Amar Ujala Publications
STATE GOVERNMENT
STATE LEGISLATURE
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 contitution deal with state
Legislaure.
The organisation of state legislative has no uniformity. Most of the state have
an unicameral system, while others have bicameral system. At present only six
states have two houses (Bicameral) namely , Andhra Pradesh, Uttar Pradesh, Bihar,
Maharashtra, Karnataka and Jammu and Kashmir.
The Indian constitution is federal in structure with unitary features. A
federation means distribution of powers between the Central Government and
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 privilages of a state Legialture are a sum of special rights, immunities and
exemptions enjoyed by the Houses of State Legailature, thier committees and their
members. Privilages can be classified into two categories :
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that enjoyed by the members individually.
Jharkhand has only one legislative in the name of Vidhan Sabha. The total
number of the members of Vidhan Sabha is 82. One Anglo Indian member is
nominated by the Governor. There are rescued 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 qualification as prescribed by
parliament.
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.
THE GOVERNOR
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 Prashant Kumar. At present, Draupadi Murmu is the Governor of
Jharkhand. She was sworn in as the first woman Governor of Jharkhand. Murmu
succeeds Syed Ahmed, who will take over as Manipur Governor.
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 can nominate one member in the Jharkhand Legislative
Assembly from the Anglo-Indian community, if he feel that they are not adequately
represented.
The Governor “gets a monthly salary of ` 1.10 lakh (revised from ` 36000 in
2008) 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.
Page 3


Jharkhand : General Knowledge Amar Ujala Publications
STATE GOVERNMENT
STATE LEGISLATURE
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 contitution deal with state
Legislaure.
The organisation of state legislative has no uniformity. Most of the state have
an unicameral system, while others have bicameral system. At present only six
states have two houses (Bicameral) namely , Andhra Pradesh, Uttar Pradesh, Bihar,
Maharashtra, Karnataka and Jammu and Kashmir.
The Indian constitution is federal in structure with unitary features. A
federation means distribution of powers between the Central Government and
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 privilages of a state Legialture are a sum of special rights, immunities and
exemptions enjoyed by the Houses of State Legailature, thier committees and their
members. Privilages can be classified into two categories :
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that enjoyed by the members individually.
Jharkhand has only one legislative in the name of Vidhan Sabha. The total
number of the members of Vidhan Sabha is 82. One Anglo Indian member is
nominated by the Governor. There are rescued 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 qualification as prescribed by
parliament.
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.
THE GOVERNOR
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 Prashant Kumar. At present, Draupadi Murmu is the Governor of
Jharkhand. She was sworn in as the first woman Governor of Jharkhand. Murmu
succeeds Syed Ahmed, who will take over as Manipur Governor.
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 can nominate one member in the Jharkhand Legislative
Assembly from the Anglo-Indian community, if he feel that they are not adequately
represented.
The Governor “gets a monthly salary of ` 1.10 lakh (revised from ` 36000 in
2008) 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 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 nominates one member of the Anglo Indian community to the
Assembly in case the community needs representation. Jharkhand Assembly has
one such seat in the 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 ground 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 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, rival or commute the sentence
of any person (convicted).
The Governor also enjoy 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 Minister
Article 163 of the provides that there shall be a council of ministers with Chief
Minister at the head of aid and advice 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 party claims 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 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 either House within a period of six months.
Page 4


Jharkhand : General Knowledge Amar Ujala Publications
STATE GOVERNMENT
STATE LEGISLATURE
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 contitution deal with state
Legislaure.
The organisation of state legislative has no uniformity. Most of the state have
an unicameral system, while others have bicameral system. At present only six
states have two houses (Bicameral) namely , Andhra Pradesh, Uttar Pradesh, Bihar,
Maharashtra, Karnataka and Jammu and Kashmir.
The Indian constitution is federal in structure with unitary features. A
federation means distribution of powers between the Central Government and
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 privilages of a state Legialture are a sum of special rights, immunities and
exemptions enjoyed by the Houses of State Legailature, thier committees and their
members. Privilages can be classified into two categories :
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that enjoyed by the members individually.
Jharkhand has only one legislative in the name of Vidhan Sabha. The total
number of the members of Vidhan Sabha is 82. One Anglo Indian member is
nominated by the Governor. There are rescued 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 qualification as prescribed by
parliament.
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.
THE GOVERNOR
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 Prashant Kumar. At present, Draupadi Murmu is the Governor of
Jharkhand. She was sworn in as the first woman Governor of Jharkhand. Murmu
succeeds Syed Ahmed, who will take over as Manipur Governor.
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 can nominate one member in the Jharkhand Legislative
Assembly from the Anglo-Indian community, if he feel that they are not adequately
represented.
The Governor “gets a monthly salary of ` 1.10 lakh (revised from ` 36000 in
2008) 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 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 nominates one member of the Anglo Indian community to the
Assembly in case the community needs representation. Jharkhand Assembly has
one such seat in the 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 ground 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 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, rival or commute the sentence
of any person (convicted).
The Governor also enjoy 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 Minister
Article 163 of the provides that there shall be a council of ministers with Chief
Minister at the head of aid and advice 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 party claims 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 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 either House within a period of six months.
The Chief Minister and other Ministers holds 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 takes 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, Raghubar Das 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 Cour 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
Page 5


Jharkhand : General Knowledge Amar Ujala Publications
STATE GOVERNMENT
STATE LEGISLATURE
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 contitution deal with state
Legislaure.
The organisation of state legislative has no uniformity. Most of the state have
an unicameral system, while others have bicameral system. At present only six
states have two houses (Bicameral) namely , Andhra Pradesh, Uttar Pradesh, Bihar,
Maharashtra, Karnataka and Jammu and Kashmir.
The Indian constitution is federal in structure with unitary features. A
federation means distribution of powers between the Central Government and
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 privilages of a state Legialture are a sum of special rights, immunities and
exemptions enjoyed by the Houses of State Legailature, thier committees and their
members. Privilages can be classified into two categories :
(i) Those that are enjoyed by each House of State Legislature collectively and
(ii) Those that enjoyed by the members individually.
Jharkhand has only one legislative in the name of Vidhan Sabha. The total
number of the members of Vidhan Sabha is 82. One Anglo Indian member is
nominated by the Governor. There are rescued 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 qualification as prescribed by
parliament.
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.
THE GOVERNOR
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 Prashant Kumar. At present, Draupadi Murmu is the Governor of
Jharkhand. She was sworn in as the first woman Governor of Jharkhand. Murmu
succeeds Syed Ahmed, who will take over as Manipur Governor.
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 can nominate one member in the Jharkhand Legislative
Assembly from the Anglo-Indian community, if he feel that they are not adequately
represented.
The Governor “gets a monthly salary of ` 1.10 lakh (revised from ` 36000 in
2008) 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 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 nominates one member of the Anglo Indian community to the
Assembly in case the community needs representation. Jharkhand Assembly has
one such seat in the 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 ground 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 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, rival or commute the sentence
of any person (convicted).
The Governor also enjoy 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 Minister
Article 163 of the provides that there shall be a council of ministers with Chief
Minister at the head of aid and advice 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 party claims 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 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 either House within a period of six months.
The Chief Minister and other Ministers holds 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 takes 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, Raghubar Das 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 Cour 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 shown in Table 28.1. The strength
was last revised in 2003 during the rule of NDA Government.
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, privilages, 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
emergency. In 2009, the salary of the Chief Justice was increased from ` 30,000 to
90,000 per month and that of judge from ` 26,000 to ` 80,000 per month.
The retired Chief Justice and Judges are entitled to 50% their last drawn salary
as monthly pension.
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) Central 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 writs may include the
Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.