Notes: State Government | Social Studies & Pedagogy Paper 2 for CTET & TET Exams - CTET & State TET PDF Download

State Government

The State Government is the government of a country's sub-divisions and shares political power with the national government India comprises 28 States and 8 Union Territories.

Roles and Responsibilities of the State Governments

The State Governments have separate departments to ensure the proper functioning of the State. Some of their key responsibilities include:

1. Internal Security: Maintaining law and order within the state through state policies.
2. Education: Providing and managing public education systems, including schools, colleges, and support for underprivileged students.
3. Agriculture: Supporting farmers with funds, best farming practices, disease prevention, and aid during disasters.
4. Finances: Handling financial powers such as expenditure, taxation, borrowing, and origination of money bills.
5. Reservation of Bills: The State Governor may reserve any bill for the consideration of the President.
6. Transport: Operating public transportation systems within cities and towns.
7. Water Supply: Providing water supply for drinking and irrigation purposes.
8. Budget: Creating budgets for the State.
9. Public Health/Healthcare Services: Establishing and managing healthcare facilities, clinics, hospitals, laboratories, ambulance services, blood banks, etc.

Structure of the State Government

The State Government consists of three organs carrying out executive, legislative, and judiciary functions:

Executive

1. Governor of the State.
2. Chief Minister and his Council of Ministers.

Governor

The Governor, appointed by the President of India on the advice of the Central Government's Council of Ministers, serves as the constitutional head of a State. Below are the qualifications, term, and powers vested in the Governor:

Qualifications:

• Citizen of India
• At least 35 years old
• Not holding any office of profit in the State or Union Legislature

Appointment Conventions:

• Should not belong to the State where appointed
• Consultation with the Chief Minister of the respective State

Term:

• Usually five years, subject to removal by the President at any time
• May continue beyond five years until a successor takes office

Powers and Functions:

1. Executive Powers

• The Governor holds the executive authority of the state and exercises it either directly or through subordinate officers.
• All executive actions of the state government are carried out in his name.
• He has the power to formulate rules for the efficient conduct of state government affairs.
• The Governor can request information from the Chief Minister regarding the administration of the state and legislative proposals.

2. Legislative Powers

• The Governor has the authority to address the State Legislature, send messages, and summon, prorogue, or dissolve the State Assembly.
• He can nominate one member from the Anglo-Indian community to the Legislative Assembly if needed.
• In states with a Legislative Council, he appoints one-sixth of its members from individuals distinguished in fields such as literature, science, art, social service, and the cooperative movement.

3. Financial Powers

• A Money Bill can only be introduced in the State Legislature with the Governor’s recommendation.

4. Judicial Powers

• The Governor is consulted by the President in the appointment of the Chief Justice and other judges of the State High Court.
• He appoints judges for subordinate courts within the state.
• He has the authority to grant pardons, reprieves, and remissions of punishment to individuals convicted under state laws.

5. Emergency Powers

• If the state government fails to function as per constitutional provisions, the Governor can recommend the imposition of President’s Rule under Article 356.

Chief Minister and Council of Ministers

Chief Minister (CM)

The Chief Minister is the executive head of the state government and is appointed by the Governor. The CM plays a crucial role in administering the state and acts as the leader of the Council of Ministers.

Council of Ministers

• The Council of Ministers is a group of officials appointed by the Governor based on the recommendation of the Chief Minister, as per Article 164 of the Indian Constitution.
• The council consists of:
  1. Cabinet Ministers – Senior ministers who head key departments such as finance, health, and education.
  2. Ministers of State – Junior ministers who either assist cabinet ministers or handle independent responsibilities.
  3. Deputy Ministers – They support both cabinet ministers and ministers of state in their duties.
• The Chief Minister assigns specific portfolios (departments) to the ministers and ensures effective coordination among them.
• The CM also serves as the key link between the Governor and the Council of Ministers, keeping the Governor informed about major government decisions.

Powers and Functions of the Chief Minister

1. Executive Head of the State Government

   • The CM serves as the real executive authority of the state, while the Governor remains the constitutional head.
   • The Governor appoints ministers on the advice of the Chief Minister and does not make independent choices in this matter.

2. Allocation of Portfolios

   • The CM decides which minister will be responsible for which department.
   • The Governor formally assigns these departments based on the Chief Minister’s recommendations.

3. Leader of the Cabinet

   • The CM presides over cabinet meetings, ensuring coordination and cooperation among ministers.
   • The CM plays a key role in resolving conflicts among ministers and guiding the government’s overall functioning.

4. Role in Lawmaking and Policy Decisions

   • The CM has significant influence in shaping the laws and policies of the state.
   • Before any bill is introduced in the state legislature, it requires the CM’s approval.
   • The CM ensures that legislative proposals align with the government’s policy agenda and public interest.

5. Communication with the Governor (Article 167)

   • The CM must inform the Governor about all major decisions taken by the Council of Ministers.
   • The Governor can seek additional information regarding the administration and proposed legislation.
   • The CM acts as the primary medium of communication between the Governor and the state government.

6. Governor’s Right to Information

   • The Governor has the right to be informed about all important government decisions, and the CM must ensure this communication is maintained.

Advocate General of State

The Advocate General is the highest legal officer of a state, similar to the Attorney General at the central level.

Appointment and Tenure

• The Advocate General is appointed by the Governor of the state.
• He/she serves at the pleasure of the Governor, meaning there is no fixed term.

Qualifications

• The Advocate General must be qualified to be appointed as a judge of the High Court.
• This means he/she should have practiced law for a certain number of years or held a judicial position.

Duties and Powers

• Acts as the chief legal advisor to the state government.
• Provides legal opinions on matters referred by the Governor or state government.
• Represents the state government in legal proceedings in the High Court and Supreme Court.
• Has the right to participate in the proceedings of the state legislature but does not have the right to vote.

Legislature of the State

The State Legislature plays a crucial role in the political system of a state. However, the structure of state legislatures varies across India. Some states have a unicameral system (single house – Legislative Assembly), while others have a bicameral system (two houses – Legislative Assembly and Legislative Council).

Currently, only six states have a bicameral legislature:

• Uttar Pradesh
• Bihar
• Maharashtra
• Andhra Pradesh
• Telangana
• Karnataka

Composition of the State Legislature

• In unicameral states, the legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha).
• In bicameral states, the legislature consists of the Governor, the Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad).

Legislative Assembly (Vidhan Sabha)

Composition and Election

• Every state in India has a Legislative Assembly.
• The state is divided into constituencies, and from each constituency, the people elect one representative who becomes a Member of the Legislative Assembly (MLA).
• MLAs belong to different political parties. The party that wins more than half of the total seats forms the government.
• The Chief Minister (CM) is chosen from the ruling party’s MLAs, and the CM selects other ministers.
• The Governor officially appoints the Chief Minister and the Council of Ministers.

Powers and Functions

• The Legislative Assembly is the primary law-making body in the state.
• MLAs discuss and pass laws, approve the budget, and oversee the functioning of the government.
• The Assembly can introduce, debate, and pass bills (including financial bills).
• The term of the Legislative Assembly is 5 years, but it can be dissolved earlier by the Governor on the recommendation of the Chief Minister.

Legislative Council (Vidhan Parishad)

Composition and Election

• Unlike MLAs, Members of the Legislative Council (MLCs) are indirectly elected.
• The maximum strength of the Legislative Council is one-third of the total strength of the Legislative Assembly.
• The minimum strength is 40 members, except in Jammu and Kashmir, where it has 36 members.

Structure of Legislative Council

MLCs are selected through different groups, as follows:

• One-third elected by members of local bodies (e.g., municipalities, district boards).
• One-twelfth elected by graduates who have held a degree for at least three years and reside in the state.
• One-third elected by MLAs of the state.
• One-twelfth elected by teachers who have taught for at least three years, at a level not lower than secondary school.
• One-sixth appointed by the Governor from distinguished individuals in literature, science, art, cooperative movement, and social service.

Powers and Functions

• The Legislative Council plays a revisionary role by reviewing bills passed by the Assembly.
• It cannot introduce Money Bills; it can only delay them for a limited period.
• It is a permanent body, meaning it is not subject to dissolution, but one-third of its members retire every two years.

Officers of the State Legislature

Each House of the State Legislature has presiding officers responsible for conducting proceedings smoothly.

Legislative Assembly (Vidhan Sabha)

• The Speaker is the chief presiding officer of the Legislative Assembly, elected by its members.
• The Deputy Speaker takes over in the absence of the Speaker.
• Both may resign from their offices or be removed by a resolution of the Assembly.

Legislative Council (Vidhan Parishad)

• The Chairman and Deputy Chairman are elected by the Council members.
• They resign when they cease to be members of the Council or if a resolution is passed to remove them.

Legislative Procedures

• In unicameral states, all bills originate in the Legislative Assembly and, once passed, are sent to the Governor for approval.
• In bicameral states, ordinary bills must be passed by both the Legislative Assembly and the Legislative Council before reaching the Governor.
• Money Bills can only be introduced in the Legislative Assembly, and that too with the recommendation of the Governor.

Judiciary in the State

• Each state has a High Court, which is the highest judicial authority within the state.
• The Chief Justice heads the High Court.
• High Courts have jurisdiction over the entire state and handle appeals, writ petitions, and important legal matters.
• There are 24 High Courts in India.
• The Calcutta High Court, established in 1862, is the oldest in India.
• The Bombay and Madras High Courts were also set up in 1862.
• The newest High Courts are in Tripura, Meghalaya, and Manipur (established in 2013).

Union Territories (UTs)