State Governments in India
In India, there are three levels of government—local governments, state governments, and the central government. Last year, we learned about local governments. Let us now take a look at how state governments function.
Key Points:
- India has three levels of government: local, state, and central.
- Last year, we studied local governments.
- State governments play a crucial role in the governance of the country.
Functions of State Governments:
- State governments have the authority to make laws on subjects listed in the State List of the Constitution.
- They are responsible for issues such as police, public health, agriculture, and local transport.
- State governments work in coordination with the central government but have their own areas of jurisdiction.
Relationship with Central Government:
- State governments and the central government collaborate on matters of national importance.
- There is a division of powers between the state and central governments to ensure effective governance.
The Structure of the State Government
- The state government comprises three branches: the legislature, the executive, and the judiciary.
The Legislature:
- In a democracy, the legislature is responsible for creating laws.
- State legislatures typically consist of two houses: the Vidhan Sabha and the Vidhan Parishad.
Question for Chapter Notes: The Working of the state Government
Try yourself:
Which branch of the state government is responsible for creating laws?Explanation
- The legislature branch of the state government is responsible for creating laws.
- It consists of two houses: the Vidhan Sabha and the Vidhan Parishad.
- The legislature plays a crucial role in the governance of the state by enacting laws that govern various aspects of society.
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State Legislature
Vidhan Sabha or Legislative Assembly:
- The lower house of the state legislature.
- Members directly elected by the people in assembly elections.
- Elected representatives known as Members of the Legislative Assembly (MLAs).
- Each MLA represents a constituency.
- Ruling party formed by the party winning more than half the seats.
- Opposition formed by members not in the ruling party.
- Term of the Vidhan Sabha is five years.
Vidhan Parishad or Legislative Council:
- The upper house of the state legislature.
- Members elected indirectly by various groups.
- Some members nominated by the governor.
- Members serve a term of six years.
- Not all states have a Vidhan Parishad.
- As of 2018, only seven out of 29 states had a Vidhan Parishad.
Types of State Legislatures:
- States with one house are called unicameral.
- States with two houses are called bicameral.
The Executive Branch of Government
Definition: The executive branch of the government ensures the enforcement of laws created by the legislature.
Components: The executive branch comprises of the governor, the chief minister, and the Council of Ministers.
Roles: The governor serves as the constitutional head of the state, appointed by the president based on the prime minister's advice, holding office for a five-year term. The chief minister, appointed from the party with a majority in the assembly, acts as the actual head (de facto) of the state.
Question for Chapter Notes: The Working of the state Government
Try yourself:
Which house of the state legislature is directly elected by the people in assembly elections?Explanation
- The Vidhan Sabha is the lower house of the state legislature where members are directly elected by the people in assembly elections.
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The Judiciary
- Judiciary Function: The judiciary's role involves interpreting the law. At the apex of the judicial system is the High Court, led by the chief justice. This court safeguards the fundamental rights of citizens, resolves disputes, and metes out justice to law offenders.
- Judicial System Structure: Apart from the High Court, there exist several lower courts where legal matters are addressed—these include District and Sessions Courts, Provincial Courts, and Nyaya Panchayats.
The Workings of the State Government
- The state government consists of three main bodies: the legislature, the executive, and the judiciary. These bodies collaborate to govern the state and also monitor each other to prevent the misuse of power.
- Following Legislative Assembly elections, the governor invites the winning party to form the government. The leader of the party becomes the chief minister.
- The chief minister appoints ministers from their party, who are then formally appointed by the governor. Together, they form the Council of Ministers.
- Members of the Council of Ministers are assigned various departments like agriculture, health, finance, education, and public works to manage.
- The Council of Ministers oversees daily administrative tasks, provides advice to the governor on critical matters, and makes policy decisions. They are accountable to the legislature.
Functions of the Chief Minister
- The chief minister serves as the leader of the Legislative Assembly. This role grants them the authority to make final decisions regarding the state's operations.
- In addition, the chief minister acts as the head of the Council of Ministers. They are responsible for assigning portfolios to ministers and have the power to request their resignation if necessary. The chief minister oversees and supervises all policies, programs, and activities of the Council. If the chief minister steps down, the entire Council must also resign.
- Furthermore, the chief minister functions as an advisor to the governor. It is their duty to communicate all Council decisions to the governor.
Factors in Distribution of Resources and Services
- India possesses abundant natural and human resources.
- The government's primary task is to plan the most effective utilization of the country's resources.
- Historically, this responsibility was carried out by the Planning Commission through Five Year Plans until 2015.
- In 2015, the National Institution for Transforming India (NITI Aayog) was established to take over this role.
- NITI Aayog focuses on promoting sustainable development, which ensures that current development does not compromise the ability of future generations to fulfill their needs.
- State governments, like the central government, aim to develop their respective states by optimizing the use of available resources.
- Each state government must ensure the judicious utilization of the resources it possesses.
- All segments of society should have equal access to these resources.
Question for Chapter Notes: The Working of the state Government
Try yourself:
What is the primary function of the judiciary in a state government?Explanation
- The judiciary's main role involves interpreting the law to ensure justice is served and safeguarding the fundamental rights of citizens.
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- Land is a crucial resource, and due to its limited availability and numerous competing demands, land ownership remains a persistent source of conflict in India.
- The Constitution mandates that land reforms are the responsibility of the state governments. Let's delve into how these reforms are managed.
- In India, the distribution of land resources is highly unequal, particularly in rural regions. The unequal access to fertile cultivable land stands out as a key driver of rural poverty.
- Background:
After India gained independence in 1947, the focus shifted to land reform due to the dominance of agriculture as the primary occupation for over 80% of the Indian population.
- Land Ownership:
In rural India, wealthy landlords possessed extensive land holdings where tenant farmers worked and paid taxes or rent for land usage.
- Tenant Farmers' Plight:
Tenant farmers faced uncertainty as they lacked secure land tenure, risking eviction at any time. This uncertainty hindered them from investing in land improvements.
- Consequences:
The lack of investments led to declining yields, trapping tenant farmers in escalating debt cycles, and exacerbating their poverty.
- Government Intervention:
State governments enacted laws to bridge the gap between landless peasants and affluent farmers, safeguarding the rights of the marginalized. Enforcement of these laws aimed to prevent violations.
Acharya Vinoba Bhave's Bhoodan Movement
- Acharya Vinoba Bhave initiated the Bhoodan (gift of land) Movement in the early 1950s.
- The movement aimed to motivate individuals to willingly donate a portion of their land to be distributed among the landless.
Encounter with Ram Chandra Reddy
- During his travels across India to propagate his beliefs, Acharya Bhave met Ram Chandra Reddy, a wealthy landlord.
- Reddy generously offered 100 acres of land in his village for the dalits, showcasing remarkable altruism.
Inspiration from Human Kindness
- Acharya Bhave's interaction with Reddy reinforced his belief that appealing to the inherent goodness of people could lead to significant accomplishments.
Impact of the Movement
- By the conclusion of his journey, approximately 12,000 acres of land had been contributed through donations.
Question for Chapter Notes: The Working of the state Government
Try yourself:
What was the primary aim of Acharya Vinoba Bhave's Bhoodan Movement?Explanation
- The primary goal of Acharya Vinoba Bhave's Bhoodan Movement was to encourage individuals to voluntarily donate a portion of their land to be distributed among the landless, aiming to reduce poverty and inequality in rural areas.
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Odisha was among the first states to introduce laws to make land distribution fairer and enable landless peasants to own land.
- The Orissa Land Reforms Act (1960) granted land rights to tenants to promote effective land use.
- The Orissa Land Reforms (Amendment) Act (1973) limited land ownership per family to 10 acres for a family of five, with a maximum of 18 acres for larger families. Excess land was to be redistributed to landless peasants, prioritizing widows and unmarried women.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (2006) safeguarded land rights of Scheduled Tribes, with state governments responsible for its implementation.
Challenges:
- Wealthy landlords transferred land ownership on paper but retained control, intimidating peasants.
- Lack of land ownership records hindered land distribution.
- Land relinquished was often of poor quality, making cultivation difficult.
- Mining companies acquired vast agricultural land in Odisha, impacting tribal areas.
- Agricultural land shifted from food crops to cash crops like biofuel, affecting small farmers' food security.
Question for Chapter Notes: The Working of the state Government
Try yourself:
What is one of the challenges faced in implementing land reforms in Odisha?Explanation
- Wealthy landlords often resisted the redistribution of land.
- They transferred ownership on paper but retained control, causing challenges in implementation.
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The Road Ahead
- Despite government intervention, a significant portion of the population, especially in rural areas, remains deprived of their rights.
- The Council of Ministers in the state government must carefully plan policies and actions concerning agricultural land, considering the diverse needs of various groups.
These groups include:
- Industrialists seeking land for setting up factories
- Mining companies looking to acquire land for mines
- Farmers desiring land for cultivating cash crops in large plantations
- Marginal farmers relying on their land for sustenance
- The state government's duty is to strike a balance between the conflicting demands of these groups. It must ensure that land acquisition for industrialization, mining, and commercial agriculture—essential for the state's economic advancement—does not jeopardize the well-being and livelihoods of the local population.