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The State Government

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The State Government: 1. In India, we have a federal system of government. This means that we have two separate levels of government-at ...

The State Government:

1. In India, we have a federal system of government. This means that we have two separate levels of government-at the centre and at the state levels.
2. The states in India are organised mainly on the principle of languages. Andhra-Pradesh is the first state of India organised on the principle of language (1956).
3. At present, the Indian Federation includes 28 States and 7 Union Territories. Seven Union Territories are—(1) Andhaman and Nicobar Islands (2) Chandigarh (3) Dadra and Nagar Haveli (4) Daman and Diu (5) Lakshadweep (6) Pondicherry and (7) National Capital Territory of Delhi.

The State Legislature:- The legislature of the states are of two types. Only 5 states have bicameral legislatures having two houses. (Uttar Pradesh, Bihar, Karnataka, Jammu & Kashmir, Maharashtra). Others are Unicameral, and have one house. The two houses are known as the Legislative Council or the Vidhan Parishad.
1. The Legislative Assembly or Vidhan Sabha (The Lower House):-
(i). Constitution says that it cannot have more than 500 members, or less than 60. Only Sikkim is the exemption, where no. of members is 40. Uttar Pradesh has the maximum members (406). In Delhi there are 70 members.
(ii). The qualifications to become the member of Vidhan Sabha are the same which are required to become the member of Lok Sabha. Vidhan Sabha is more powerful than Vidhan Parishad but it its lower house. The term is of 5 years but can be dissolved before 5 years. The Legislative Assembly elects one of its members as its speaker and another as Deputy Speaker.” They have the same position as the speaker and the deputy speaker of the Lok Sabha have.

2. The Legislative Council or Vidhan Parishad (The Upper House):-
This is the Upper house of the State. It cannot be larger in size than one-third of the Legislative Assembly of that particular state. Maximum strength of 108 members is related to Uttar Pradesh. Legislative Council. This is a permanent house and can never be dissolved. The term of it’s members is six years. After every two years it’s one-third members are elected and one-third members retire. The members elect a Chairman and Deputy Chairman from among-themselves.

Bill are of two types:-
1. The Money Bill: Same as the procedure of law making adopted by the Parliament.)
2. The Ordinary Bill:
The Governor may not give his assent to a bill, but keep it for the consideration of the President. Incase like this, the bill will become a law only when it gets the President’s assent.

The State Executive
1. The Governor:-
(1) The Governor is the Constitutional Head of the State and all executive powers of the State Government are formally given to the Governor. The Governor is the nominal head of the government. The real head is the Chief Minister. The, Executive of the State consists of the Governor and the Council of Ministers with the Chief Minister as its head. His appointment is made for the term of 5 years by the President. He can be removed from the office any time before the expiry of his term as he holds office during the pleasure of the President.
(2) Qualifications:- Age 35 years, Citizen of India, not having any Office of benefit, should not be of a unsound mind and bankrupt.
(3) The President can appoint the same person as Governor of more than one state.
(4) President must always go by the advice of the Council of Ministers but there are some important occasions when the Governor can take his own decision. These powers are called his discretionary powers. For instance, when no one gets a clear majority-in the Assembly. He can appoint any person of his. will, the Chief Ministers of the state. This discretionary power is not to the President of India. Practically, he is the representative of the Center.

2. The Chief Minister and the Council of Ministers:-
Just like center there is always a Council of Ministers. The Chief Minister is the main architect and the head of the cabinet. The Governor calls and appoints the person as a Chief, Minister having majority in Vidhan Sabha and the Governor appoints and removes, the minister on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the Legislative Assembly. And, it stays in power as long as it enjoys its confidence. The Chief Minister works as the Chief advisor of the Government and the Governor and remains the leader of Vidhan Sabha. The Council of Minister has three types of Minister:- (1) Cabinet Minister (2) State Ministers (3) Deputy Ministers

Some Other Important Points:-
(1) The Chief executive of a Union territory is a Chief Commissioner or a Lieutenant Governor. They are appointed by the President. They are responsible to the President. Parliament can also create and remove a Legislative Assembly for Union territories. But these Legislative Assemblies never remains as autonomous. Delhi and Pondicherry, both union territories have Legislative Assembly. National Capital Territory of Delhi has a Legislative Assembly comprising 70 seats headed by Chief Minister.
(2) In the states all Ministers are responsible to the Governor.
(3) The Governor is sworn in by the Chief Justice of the state High Court of the concerned state,
(4) The Chief Minister and the Council of Ministers are sworn in by Governor.
(5) In Delhi the Chief Minister and the Council of Ministers is sworn in by Lieutenant Governor on the instructions of the President.
(6) The Lieutenant Governor addresses to the President in his resignation.
(7) The Chief Minister of the state addresses to the Governor in his resignation.
(8) The speaker of the Legislative Assembly addresses to the Deputy Speaker and the Deputy Speaker addresses to the Speaker in their respective resignation.
(9) The Chief Minister of Delhi addresses to the Lieutenant Governor in his resignation.

(10) The member of Legislative Assembly addresses to the Speaker of the Assembly, the member of Lok Sabha addresses to the speaker of Lok Sabha, the member of Rajya Sabha addresses to the Chairman of the Rajya Sabha in their respective resignations.

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The State Government
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