The State Government - Indian Polity, Notes CLAT Notes | EduRev

Legal Reasoning for CLAT

CLAT : The State Government - Indian Polity, Notes CLAT Notes | EduRev

The document The State Government - Indian Polity, Notes CLAT Notes | EduRev is a part of the CLAT Course Legal Reasoning for CLAT.
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THE GOVERNOR
He is the nominal executive head of a state. Normally, each State has its own Governor, but under the 7 th Amendment Act, 1956, a person can be appointed Governor of one or more States or Lt. Governor of the Union Territory.

ELIGIBILITY CONDITIONS

  • Citizen of India
  • 35 yrs of age or more
  • Shouldn’t be a member of either house of parliament or the state legislature.
  • Must possess the qualification for membership of State Legislature. Mustn’t hold any office of profit.

SALIENT FEATURES

  • His usual term of office is 5 yrs but he holds office during the pleasure of the President
  • He can be asked to continue for more time until his successor takes the charge.
  • He can give his resignation or can be removed earlier by the President.

CHIEF MINISTER

He is the real executive and Head of the Government at the State level. The position of Chief Minister at the State level is parallel to that of the Prime Minister at the Centre. Chief Ministers are appointed by the respective Governors. Other Ministers are appointed by the Governor on the advice of the Chief Minister.

The Chief Ministers is the chief link between the Governor and the Council of Ministers. He keeps the Governor informed of all decisions of the Council of Ministers.

STATE LEGISLATURE IN INDIA
Can be
1. Unicameral – [One House]
2. Bicameral – [Two House]
BICAMERAL STATUS (6 States) - Bihar, J & K, Karnataka, Maharashtra, Uttar Pradesh, Andhra Pradesh.
The Legislative Council can be created or abolished on the recommendation of Legislative Assembly.

LEGISLATIVE COUNCIL [VIDHAN PARISHAD]
Also known as the Upper House. Like the Rajya Sabha, it is also a permanent house and CANNOT be dissolved.

STRENGTH
Its total strength cannot exceed 1/3 rd of the strength of the Legislative Assembly, subject to a minimum of 40 members.

TENURE
Six years, with 1/3 rd members retiring every two years.

QUALIFICATION
Same as for the Lok Sabha, except the age which is 30 yrs.

CHAIRMAN
The Council elects a Chairman and a Vice-chairman from amongst its members.

LEGISLATIVE ASSEMBLY [VIDHAN SABHA]

  • Also known as Lower House, just like the Lok Sabha.
  • Consists of directly chosen representatives.
  • Has a term of 5 years but can be dissolved by the Governor earlier. Its term can be extended by one year during national emergency.
  • The Council of ministers is collectively responsible to the Assembly. The Chief Minister is the leader of the house.

ELIGIBILITY CONDISTIONS
Same as for the Lok Sabha or Legislative Council except the minimum age, which is 25 years in this case.

SPEAKER/DEPUTY SPEAKER
Every Legislative Assembly chooses its Speaker and Deputy Speaker.

LEGISLATIVE PROCEDURE
With reference to a Money Bill, the position is the same as prevails at the Union level: the Bill can be introduced only in the Assembly; the will of the Assembly prevails; If the State does not comply with the directives of the Centre, the latter may invoke Art. 356 and take over the administration of the State to itself.

FINANCIAL RELATIONS
The States in India are greatly dependent on the Centre. The Constitution provides inadequate sources of revenue to the States. Therefore, they have to depend on the Centre for subsidies and other financial contributions.
The Union exercises financial control through the Comptroller and Auditor General of India, who audits the accounts of the States and reports on them.

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