Civics- 3 State government

Powers of the state government

Powers of the state government

• Makes their policies considering the needs of their respective states

• The union government can’t take away the powers of the state government without their consent, nor can it interfere in its affairs

Division of power:

Union list, State list, and Concurrent list (that contain the details of these powers)

Union list

- subjects of national importance like defence, external affairs, currency, railways, communication, banking, post, and telegraph

State list

• - subjects like maintaining law and order in the state, police, health, transport, land policies, etc, on which only the state can make laws

• In emergencies, laws on state subject can be made by the central. government

Concurrent list

• - subjects like education, forests, electricity, labour welfare, etc.

• Both central and state government are empowered to legislate on these subjects

State legislature:

• The state legislature makes the laws at state level

• May be unicameral or bicameral

Bicameral legislature has two houses

- legislative council (vidhan parishad) and legislative assembly (vidhan sabha

Unicameral legislature has one house

- legislative assembly (vidhan sabha)

Legislative assembly (vidhan sabha)

• Represents the entire population of the state

• Consists of the representatives directly elected by people

• These representatives - MLA’s (Members of Legislative Assembly)

• Total members of vidhan sabha - less than 500 and more than 60

Qualifications for becoming an MLA

• They should be a citizen of India

• They should be above the age of 25

• They shouldn’t hold any office of profit under the Government of India or any state government

• They should have a sound mental health

Term of an MLA

• Five years

• The governor can dissolve the assembly before the term ends

Officers

• MLA’s elect a speaker and a deputy speaker from themselves

• These two hold office as long as the house remains

• The speaker conducts the proceedings of the assembly

• In the absence of the speaker, the deputy speaker takes his/her spot

Powers and functions of the Vidhan Sabha

• Legislative powers

• Financial powers

• Control over the council of ministers

Legislative powers

• - Empowered to make laws pertaining to the subjects mentioned in the state and concurrent list

Financial powers

- Passing of state budgets, money bills, permission for levying taxes, and fixing salaries of the MLA’s

Control over the council of ministers

- MLA’s can ask questions, point out problems, and a ‘no confidence motion’ against the council and ask them to resign

Legistlative council (vidhan parishad)

• Strength should not be more than 1/3rd the size of the vidhan sabha

• The members of legislative councils are representatives of the local self-governing bodies, teachers, and university graduates

• 1/3rd of its members are elected by the state assembly

• Some are nominated by the governor

Qualifications for membership

• They should be a citizen of India

• They should be above the age of 30

• They shouldn’t hold any office of profit under the Government of India or any state government

• They should have a sound mental health

Term

• Can’t be dissolved and a permanent body

• 1/3rd of its members retire every two years and are replaced by newly elected members

• Every member has a term of 6 years

Officers

• The legislative council elects a chairman and a deputy chairman to preside over the working of the council

Powers and function of the legislative council

• Approves the bill

• Put questions to the ministers and initiate a discussion on various issues

State executive

• The governor is the head of the state

• Actual responsibility is of the chief minister and his council of ministers

• Generally for one state, but can be the head for more than one state

Qualifications

• They should be a citizen of India

• They must be above the age of 35

• They must not be a member of any of the two houses of Parliament or of state legislature

• They must not hold any government office

Appointment

• Appointed by the president for a term of five years

• The president may remove them

Functions and powers of the governor

• Executive powers

• Discretionary powers

• Legislative powers

• Financial powers

• Judicial powers

Executive powers

- Appoints the chief minister, other ministers are appointed by the governor with the adivise of the chief minister. They can also appoint other top level officials like advocate general and members of state

Discretionary powers

- The governor can work on his/her own when needed

Legislative powers

- Every bill passed should be his approval, and he can issue an ordinance that becomes equivalent to a law

Financial powers

- No money bill or the annual budget can be introduced without his permission

Judicial powers

- He can grant pardon or reduce the punishment of people convicted under the state law

Powers and functions of the chief minister

• To direct the ministry and determine its policies

• To supervise the administration of the state

• To allocate, reallocate or take back portfolios from his/her ministers

• To coordinate the working of various ministers

Powers and functions of the Council of ministers

• To introduce necessary bills in the assembly and gets the approved