How Do State Governments Work? Chapter Notes | Footprints Class 7: Book Solutions, Notes & Worksheets PDF Download

Our country is governed at three—local, state, and central—levels. In this chapter, we will study about the working of the government at the state level. Our Constitution describes India as a union of states. It has 28 states and 8 union territories. The government formed in each state is known as a state government. The legislature, executive, and the judiciary, with clearly defined functions, comprise the essential structure of the state government. The focus of this chapter will be on the executive and the legislative branches of the government.

Key Points:

• India is a union of 28 states and 8 union territories.
• The government in each state is known as the state government.
• The state government consists of the legislature, executive, and judiciary.
• This chapter focuses on the executive and legislative branches of the state government.

Quasi Federalism in India

The Indian Constitution details the extent to which a state government can exercise its powers. While the Constitution allows the states to manage their internal matters according to their requirements, it insists upon the unitary nature of the country. India is unique in this respect as it supports a quasi federal system of governance. Some of the features are:

• The states are subject to central authority when it comes to issues of national interest. They, however, have the autonomy to take decisions in matters of local interest.
• No state has the power to secede from the Indian Union.
• Similar to the central government, the state government also relies on the three organs—the executive, the legislature, and the judiciary—to help in running the government machinery. The Governor is the executive head of the state, although the real power lies with the Chief Minister and the Council of Ministers.
• The state legislature is composed of the Legislative Assembly or the Vidhan Sabha and the Legislative Council or the Vidhan Parishad.
• The High Court heads the state judiciary.

State Executive

The executive arm is the part of the government that is responsible for the daily administration of the state. This body executes the laws of the state through various functionaries, such as the Governor, the Chief Minister, and the Council of Ministers.

Governor

• The executive power of the state is formally vested in the Governor. He/She is only the nominal head of the state.
• The Governor is appointed by the President.
• The Governor holds office during the 'pleasure of the President'. This means that though the Governor is appointed for five years, he/she can be removed earlier by the President. This can only happen in cases of glaring misconduct. A Governor's term can be extended as well.

Qualifications of the Governor

• The Governor must be a citizen of India.
• He/She should not be less than 35 years of age.
• He/She must not hold any office of profit. He/She must not be an elected member of the Parliament or any state Legislative Assembly.

Powers and Functions Of the Governor

• Executive Powers
  • The Governor appoints the Chief Minister, who is the leader of the party which has the majority in the State Assembly.
  • He appoints the other members of the Council of Ministers.
• Legislative Powers
  • The Governor has the power to summon and prorogue (discontinue) the sessions of the state legislature, as well as to dissolve it.
  • Every bill passed by the state legislature has to receive the Governor's assent.
  • On certain occasions when the state legislature is not in session, the Governor can issue orders called ordinances.
• Judicial Powers
  • The Governor has the power to grant pardon or reduce a punishment or sentence passed by the courts under the state laws.
• Discretionary Powers
  • The Governor has discretionary powers which he/she can use, on his/her own discretion, in special situations.
  • The Governor can also report to the President of India if the state government is not functioning according to the Constitution.

Chief Minister

• The administration in the state is actually run by the Chief Minister and the Council of Ministers.

Powers and Functions of the Chief Minister

• The Chief Minister prepares a list of his/her cabinet. The Governor then appoints the ministers according to the list.
• The Chief Minister can remove any minister at any time.
• The Chief Minister also decides the agenda for the meetings of the Council of Ministers and presides over its meetings.
• He/She also coordinates the work of different departments of the state government.
• It is the responsibility of the Chief Minister to maintain good relations with the central government.

As the head of the Legislature and the Council of Ministers, the Chief Minister holds the responsibility for the government of the state. If a vote of no-confidence is passed against the government in the Assembly, the entire ministry has to resign.

Council of Ministers

• The Council of Ministers is the team of ministers who assist the Chief Minister in discharging the government's duties.
• Its members must not be more than 15 percent of the total number of members of the Legislative Assembly.
• A minister should also be a member of the Legislative Assembly or become one within six months of appointment as a minister.

The Council of Ministers is collectively and individually responsible to the Legislative Assembly for their actions.

There are three categories of Council of Ministers at the State level: Ministers of State, Cabinet Ministers, Deputy Ministers. A Cabinet Minister holds the overall charge of one or more portfolios and may be assisted by the Minister of State or the Deputy Minister.

The cabinet makes all the important decisions and policies. It plays an important role in the Legislature at the time of law-making, helps in the preparation of the budget, and follows directions given to it by the central government.

State Legislature

• The state government is responsible for making laws for day-to-day governance and meeting the civic needs of the people.
• The organ that performs these functions is known as the state legislature.
• State legislatures can be unicameral (one house) or bicameral (two houses).

Unicameral and Bicameral Legislatures

• Unicameral legislatures have only one house, such as the Legislative Assembly or Vidhan Sabha.
• Bicameral legislatures consist of two houses: the Vidhan Sabha (lower house) and the Vidhan Parishad or the Legislative Council (upper house).
• States like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have bicameral legislatures.

Vidhan Sabha

• The Vidhan Sabha is the lower house of the state legislature.
• It consists of Members of the Legislative Assembly (MLAs) who are directly elected by the people.
• The Speaker presides over the house and conducts its proceedings.

Presiding Officer

• Soon after the elections, members elect a Speaker and a Deputy Speaker from amongst themselves.
• The Speaker allots time for agenda items, decides bill types, and can maintain order in the house.

Term and Sessions

• The Vidhan Sabha has a term of five years, extendable or curtailed by the Governor in certain situations.
• Sessions are held at least twice a year, with a quorum requirement of one-tenth of the total members.

Vidhan Parishad

• The upper house of a state legislature, known as the Legislative Council or Vidhan Parishad, exists based on the Legislative Assembly's decision.
• Members of the Legislative Council have various methods of election, unlike the direct election of MLAs in the Legislative Assembly.

Composition of Vidhan Parishad

• Members are elected by different bodies like the Legislative Assembly, local bodies, teachers, university graduates, and nominated individuals.

Presiding Officer in Vidhan Parishad

• The Chairperson and Deputy Chairperson oversee proceedings in the Legislative Council, similar to the roles of Speaker and Deputy Speaker in the Legislative Assembly.

Term and Qualifications

• The Legislative Council is a permanent house with members serving six-year terms.
• One-third of members retire every two years, with elections held to fill vacancies.
• Qualifications for membership include Indian citizenship and specific age requirements for each house.
• State Legislature: The state legislature is responsible for making laws that are applicable within the state. The State List in the Constitution outlines the subjects over which a state can legislate, including agriculture, land revenue, public health, law and order, and more.
• Making of Laws: Laws begin as proposals presented in the form of bills in the legislature. These bills can be ordinary or money bills, with different powers assigned to the Vidhan Sabha and Vidhan Parishad for their passage.
• Ordinary Bills: These bills can be introduced in either house and undergo discussion, debate, and voting. If introduced in the lower house, they are then sent to the upper house for further consideration before being sent to the Governor for assent.
• Money Bills: Money bills must originate in the Legislative Assembly and are certified as such by the Speaker. The Vidhan Parishad can only make recommendations on money bills and has limited power to delay their passage.
• State Budget: The State Budget, a form of money bill, deals with the state's income, expenditure, resource allocation to various departments, and financial planning.