Governance at the State Level

Governor -Head of the state

• The Governor is the nominal head of the state

• But the real powers is with

– the Chief Minister and the Council of minister.

• The President of India appoints the Governor.

• The Governor appoints the CM.

The qualifications required to be a governor.

1. He must be a citizen of the country.2. He must have completed 35years of age

3. He must not hold any office of profit during his tenure.

4. He should not be member of Parliament or state legislature.

• The Governor holds office for five years.

• He can be removed by the President, on the advice of the prime Minister, before he completes five years of office.

Raj bhavan- Governor’s house Mumbai

The powers of the Governor1. Executive Powers:

a. He appoints the chief Minister

b. He appoints the council of Ministers on the advice of the Chief Minister.

c. He appoints the Chairpersons and members of the

State Public Service Commission,

State Finance Commission and

the State Election Commission.

d. He appoints the Judges of the courts not the high court.

2. Legislative Powers:

a. He has the right to dissolve the Legislative Assembly.

b. He addresses the state Legislative Assembly

c. He may nominate a person of the Anglo-Indian Community.

d. A Governor has to give his consent for a bill to become a law or Act.

Governor appointing CM

CM of Maharashtra Devendra Fadnavis

Chennamaneni Vidyasagar Rao, the Governor of Maharashtra,

The powers of the Governor….3. Financial powers:

a. The state Finance minister presents the budget in the state Legislative Assembly in the name of the Governor.

b. No money bill can be introduced in the state legislature without the permission of the Governor.

4. Discretionary Powers: The Governor acts on the advice of the council of Ministers. Under special conditions he may act without the advice of the council of Ministers. Such powers are called the discretionary powers of the governor.

a. If no political party wins a majority in the state Legislature, the Governor can invite a person to be the chief minister.

`b. The governor acts as a link between the State and the Centre.

c. If he thinks the government of the state is not functioning properly he can report to the President of India and the President under Article 356 can impose President’s rule in the state.

Chief Minister and the Council of Ministers• The Chief Minister appointed by the Governor.

• The Council of Ministers appointed by the Governor

on the advice of the Chief Minister.

The term of office Five Years.

The functions of the chief Minister

1. Chief Minister is the real head of the State Government.

Ministers are appointed by the Governor on the advice of the Chief Minister.

2. Chief Minister presides over the Cabinet meetings.

He/she guides the functioning of the cabinet.

3. Chief Minister plays a key role in framing the laws and policies of the State Government.

4. The Chief Minister has to inform the Governor of all decisions of the Council of Ministers

with regards to the state.

5. The Chief Minister is the sole link between the Cabinet and the Governor.

The above functions show that the real authority is vested with the Council of Ministers headed by the Chief Minister.

Legislative Assembly Maharashtra

State Legislature• Every state has its Legislature.

• Some states have only one house i.e. unicameral Legislature-Legislative Assembly.

• Some states have two houses i.e. bicameral Legislature -Legislative Council(upper house)

and the Legislative Assembly (Lower house).

• The states in India who have bicameral Legislature are:

Bihar,

Jammu Kashmir,Karnataka,

Maharashtra and

Uttar Pradesh.

• The Legislative Assembly or the Vidhan Sabha

is the real legislature

Composition of Legislative Assembly

1.According to the Constitution of India the Legislative Assemble should not have more than 500 and not less than 60 members.But small states like Goa, Sikkim and Mizoram are allowed to have less than 60.

2. Seats are reserved for SC/ST.

3. If the Governor feels that the Anglo-Indian community is not well represented, he can nominate one member from that community.

4. Members of the Legislative Assemble are elected.

Qualification for an MLA(Member of Legislative assembly )

• 1. He must be a citizen of India;

• 2. He must have attained the age of 25 years;

• 3. His/her name must be in voters’ list;

• 4.He must not hold any office of profit.

• 5. He should not be government servant

Adult Franchise

All men and women who are 18 and above have the right to vote.

The tenure(term) of office of the Legislative Assembly.

1. The tenure of Vidhan Sabha is five years.

2. But the Governor can dissolve it before the

completion of its term on the advice of Chief

Minister.

3. It may be dissolved by the President in case

emergency.

Composition of Legislative council - Vidhan Parishad

1. The total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabhabut this number should not be less than 40.

2. The Jammu & Kashmir is an exception where Vidhan Parishad has 36 members.

3. 1/3rd members are elected by the members of the Legislative Assembly.

4. 1/3rd of the members are elected by members of local bodies i.e Municipalities, District Boards of the state etc.

5. 1/12th members are elected by the electorate consisting of graduates in the State.

6. 1/12th members are elected by the electorate consisting of teachers of educational institutions within the State not lower in standard than a secondary school who have teaching experience of at least three years.

7. The remaining 1/6th members are nominated by the Governor from the state.

Composition of Legislative council - Vidhan ParishadThe total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40.

The tenure of office of the Vidhan Parishad

• The Vidhan Parishad, like Rajya Sabha is a permanent House.

• It is never dissolved.

• The tenure of its members is six years.

• One-third of its members retire after every two years.

Qualification of MLCthe Member of the Legislative Council

• In order to be a member of the Legislative Council the person concerned should

• 1. Be a citizen of India:

• 2. Have attained the age of 30 years;

• 3. Be a registered voter in the State;

• 4. Not hold any office of profit.

Functions of State Legislative (Vidhan Sabha)

• The primary function of the State Legislature is law-making.• There are two types of bills: Ordinary bill and the money bill.

• Ordinary bill: • 1. Ordinary bills can be introduced in either of the Houses.

• 2. A bill passed by the Legislative Assembly is sent to the Legislative Council.

• 3. The Legislative council has to pass it or return it with recommendations within one month.

• 4. The Legislative Assembly may or may not consider the recommendations, and sent the bill to the Governor for his assent.

• 5.The Governor can send the bill back for reconsideration.•

• Money bill:• 1. The Money bill is first introduced in the Vidhan Sabha.

• 2. It is then sent to the Vidhan Parishad.

• 3. The Vidhan Parishad has to return this bill within 14 days with, or without, its recommendations.

• 4. The Vidhan Sabha may either accept or reject its recommendations.

• 5. The bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as money bills are introduced with his prior approval.

Controls the state legislative has over the executive

• 1.The members of the state legislative assembly are members of the Electoral College who elect the President of India.

• 2. They elect the members of the Rajya Sabha.

• 3. They elect 1/3rd members of their VidhanParishad.

High Court and subordinate courts.

• At present there are 21 High Courts for 28 States and seven Union Territories.

• 1.Every state in our country has a High Court.

• 2. Each high Court has a Chief Justice and Judges.

• 3. The number of judges in every High Court is determined by the President.

• 4. The Chief Justice of a high court are appointed by the President of India, after consulting the Chief Justice of the supreme court.

• 5. The judges of the high court are appointed by the President of India after consulting the chief Justice of the that high court.

Maharashtra High court in Mumbai

Bombay High Court at Mumbai ,Maharashtra, is one of the oldest High Courts of India with jurisdiction over the states of Maharashtra and Goa, and, the Union Territories of Daman and Diu and Dadra and Nagar Haveli.

Chief Justice of Mumbai High court Mr Mohit shah

The qualifications - judge of a high court

(i) He or she should be a citizen of India.

(i) He or she should have held a judicial office, at the district level or below for at least ten years.

Or(iii) He or she should have been an advocate in one or more

High Courts for at least ten years continuously without break.

(iv) The High Court judges hold office till they attain the age of 62 years.

Jurisdiction of high Court• The jurisdiction of the High court is up to the state’s territories limit.• The High court has two types of jurisdiction-

• Original jurisdiction:• 1. Cases where fundamental rights have been violated are brought to then High

Courts.• 2. The High Courts have the power to issue orders to restore the fundamental

rights of the people. These are called writs.• 3. The high court also hears election petitions.

• Appellate jurisdiction:• 1. High Courts hear appeals against the judgments of the subordinate courts. • 2. In civil cases, an appeal can be filled against the judgment of a District Judge.• 3. In criminal cases, an appeal can be filed against the judgment of sessions court,

where the sentence of imprisonment is over seven years.• 4. Death sentence given by a lower court has to be confirmed by the high court.• 5. High court is a court of Record therefore all the lower courts follow the

judgments of the high court.

Subordinate or Lower courts• 1. The Subordinate courts or Lower courts are courts at

District and Sub-divisional level.

• 2. There is a District or Sessions judge in every district.

They are appointed by the Governor.

• 3. Under him there are judicial officers.

District courts in Maharashtra

a. Civil courts:-These courts decide cases of property, family fights, divorce, money transactions etc. Civil Courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.

b. Criminal courts:-Criminal cases relate to violation of laws, they hear cases of theft, murder, dacoity, pickpocketing, physical assault, murder, etc. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.

c. Revenue cases relate to land revenue on agriculture land in the district. The Board of Revenue exists at the state level. Under it are the Courts of Commissioner, Collector, Tehsildars and Assistant Tehsildars. All states do not have a Board of Revenue some have Finance Commissioners.

4. The subordinate courts hear :

Governance at the Union Level

The President

• 1. The President is indirectly elected by an Electoral College - elected members of both Houses of

• Parliament i.e. Lok Sabha and Rajya Sabha• 2. Elected members of state Legislative

Assemblies (Vidhan Sabhas).• 3. Elected members of the Legislative Assemblies

of the Union Territories of Delhi and Puducherry4. The voting is done by secret ballot.

• 5. The election is held by means of single transferable vote system.

The qualifications required to be elected as the President

• The qualifications for the office of President are:

• 1. He must be a citizen of India.

• 2. He must be above 35 years of age.

• 3. He must be a member of the Lok Sabha.

• 4. He should not hold an office of profit.

the tenure or Term of office of the President of India

• He is elected for a period of 5 years.

• 2. He can be re-elected for second time.

• 3. If the President acts against the Constitution, he can be removed.

• 4. This process is called impeachment.Powersof the President

are the executive powers of the President of India

• The President is the Head of the state. It is the highest Public office in the country.

• 1. The President appoints the Prime Minister

• 2. He appoints the council of ministers on the advice of the Prime Minister.

• 3. He appoints the Governors of the state

• 4. The President appoints the Chief Justice and other judges of the Supreme Court and High

• Courts.

• 5. He appointments the Chiefs of Army, Navy, and Air Force.

• 6.. The President is the Supreme Commander of the armed forces

• 7. He allocates portfolios among the ministers on the advice of the Prime Minister.

• 8.. He may remove any Minister on the advice of the Prime Minister

• 9. All Executive actions in the country are carried out in the name of the president.

Legislative Powers of the President of India

• 1. The President summons, and prorogues the Houses of Parliament.

• 2. The President has the power to dissolve the LokSabha.

• 3. The President nominates twelve members to RajyaSabha.

• 4. The President addresses both Houses of Parliament jointly at the first session.

• 5. The President has to give his/her assent for a bill to become a law.

• 6. The President on the advice of the Prime Minister can issue an ordinance.

Financial Powers of the President of India

• 1. All money bills are introduced in the LokSabha only with the prior approval of the President.

• 2. Budget is introduced in the Lok Sabha on the recommendation of the President.

the judicial powers of the President of India

• 1. The President, can pardon a criminal or reduce the sentence of a person convicted of an offence.

• 2. The President appoints Chief Justice and other judges of the Supreme Court.

• 3. The President also appoints Chief Justices and other judges of the High Courts.

Budget

• Budget is a document which has the details of the expenditure and income of the government.

Summons of the Parliament

• The President gives a formal notice to the Members of the Parliament that the Lok Sabha and Rajya Sabha will begin its meetings on a particular date.

Prorogue of a Parliament

The President gives a formal notice to the Members of the Parliament that the LokSabha and Rajya Sabha will discontinue its meetings on a particular date.

OrdinancesIt there is an immediate need for a law and the Parliament is not in session, then it is done through an Ordinance which is issued by the President on the advice of the council of Ministers and the Prime Minister.

Once the parliament comes in session then the ordinance needs to be approved and then it becomes a law

The President and Emergency Provisions.

• The President has certain emergency powers to are used during abnormal situations like :

• 1. War : If there is a threat to the security of the country , the Prime minister and the Cabinet Ministers gives a proclamation in writing to the President . The President then declares an emergency in the whole country.

• 2. Failure of the state government: If the governor of a state reports to the President that the state is not functioning properly , the President declares an emergency. This is called the President’s rule in that state. The Governor performs all the executive duty on behalf of the President.

• 3. Financial emergency: If a situation arises when the financial stability of the country is threatened, then the President declares a financial emergency.

• This emergency must be approved by the Parliament in 30 days. It can go for 6 months. All fundamental rights of citizens may be suspended. The Parliament can make laws on state during this period.

Position of the President

• Dr. B.R. Ambedkar had rightly said, “The President occupies the same position as the King in the British Constitution”.

• 1. The President is the nominal head of the State, the real head is the Prime Minister and the Council of Ministers .

• 2. The President acts on the advice of the Prime Minister and the Council of Ministers.

• 3. The President is given the task of preserving, protecting and defending the Constitution.

• 4. The President enjoys the highest honor, dignity and prestige but not the real power.

The Prime Minister

• The Prime Minister is appointed by the President.• i) The Prime Minister is the chief advisor of the President and the

head of the Council of ministers.• ii) He/She controls the entire administration.• iii) The Prime Minister presides over the meetingsof the cabinet.• iv) He/She decides about the government policies.• v) The Prime Minister the link between the President and the

council of ministers.• vi) The Prime Minister is the chairperson of the Planning

Commission and the National • Development Council.• vii) He/She represents the nation at the international conferences

of the heads of the government.

position of the Prime Minister

• 1. The Prime Minister holds an important position in the union government.

• 2. The council of Ministers acts as the PM’s team.

• 3. All international agreements need the agreement of the PM.

• 4. The PM takes important decisions about defence and security of the country.

• 5 The PM makes policies to maintain friendly relations with the neighbouring countries.

The Union Council of ministers

• The members of the council of ministers are appointed by the President on the recommendations of the Prime Minister.

• The council of Ministers has three categories:• 1. The Cabinet ministers – The Cabinet ministers are in

charge of important departments like Finance, defense, etc. they attend the cabinet meetings and take important decisions.

• 2. The Ministers of state: Some hold independent charges of ministries and some don’t.

• 3. The Deputy Ministers: They are attached to the cabinet and Ministers of state.

The Union Parliament

• The Parliament has two Houses–Rajya Sabha and Lok Sabha.

• Lok Sabha• Lok Sabha or the house of the people is the lower

house• It is the people’s representative body.• The members of the Lok sabha are directly

elected by the people of India.• The number must not exceed 550 • All citizens above 18years of age can vote.

qualifications needed for becoming a Lok Sabha member

• 1. A person must be a citizen in India.

• 2. He must be more than 25 years of age.

• 3. He should not hold an office of profit.

• 4. He should not be of unsound mind or bankrupt.

• Tenure

• The term of office of the Lok Sabha is five years.

Presiding officer of the Lok Sabha

• 1. The Lok Sabha is presided over by the speaker.• 2. He/She maintains order and discipline in the

house.• 3. He/She decides who will speak.• 4. If there is tie then the speaker can cast his/her

vote.• 5. He/She decides if a bill is a ordinary bill or a

money bill.• 6. If there is joint sitting of both the houses, the

speaker presides over the meeting.

• Rajya Sabha

• The Rajya Sabha or the Upper House of the Parliament is a permanent body because it cannot be dissolved.

• The membership of the Rajya Sabha cannot exceed 250. The President nominates 12 members.

• The elected members of the States’ Legislative Assemblies elect the members of the RajyaSabha.

the presiding officer of the RajyaSabha

• The Rajya Sabha is presided over by the Vice-President of India who is the ex-officio Chairman of the Rajya Sabha. He is elected by the Electoral College. If there is tie then the speaker can cast his/her vote.

The qualifications for becoming a Rajya Sabha member are as follows:

• 1. He must be citizen of India.• 2. He must be more than 30 years of age.• 3. He must not hold an office of profit.• 4. He should not be of unsound mind or bankrupt.• Tenure• Every member of Rajya Sabha enjoys a tenure of six

years. • One-third of its members retire after every two years.

Functions of the Parliament

• 1. Legislative Functions :

• a. It is a law making body.

• b. It makes laws on the subjects which are in the concurrent and union list.

• c. It makes laws on residuary subjects – i.e. subjects not mentioned in any list.

• 2. Executive Functions:

• The PM and the council of Ministers are responsible to the Lok Sabha. The Houses of parliament keep their control over them:

• a. By asking questions and supplementary questions.

• b. By discussing and passing motions.

• c. By expressing lack of confidence.

• 3. Financial functions:

• a. They are the care takers of the public money.

• b. They control the money of the union government.

• c. They sanction money to the government for various projects.

• d. Their approval is needed to collect taxes.

• 4. Judicial functions:• a. The Parliament decides the number of

judges to be appointed in the Supreme Court.• b. It gives permission to establish a High court

for two or more states.• c. A Chief justice or judge of the High court or

Supreme Court can be removed after an impeachment process by both houses.

• 5. Miscellaneous functions:• a. The Parliament has the power to remove

the President and the Vice President through impeachment.

• b. The Parliament has the power to amend the constitution.

Comparative position of both the houses

• 1. Members of the Lok Sabha are directly elected• Members of the Rajya Sabha are indirectly elected.• 2. The Lok Sabha can be dissolved.• The Rajya Sabha cannot be dissolved it is a permanent body• 3. The Lok Sabha are the real representatives of the people.• The Rajya Sabha are not the real representatives of the people.• 4. An ordinary bill can be introduced in any house but incase of

differences the Lok sabha has an upper hand.• 5. A money bill can be introduced only in the Lok Sabha and not in

the Rajya Sabha.• 6. The Lok Sabha has a control over the council of Ministers and the

Prime Minister.

The Supreme court

• The Supreme court has one Chief justice and 25 other judges(25+1) .

• The number of judges can be increased by an Act of Parliament.

• The President of India appoints the chief justice of India and other judge of supreme court.

• To become a judge of the Supreme Court a person has to be:

• 1. A citizen of India.

• 2. A High Court Judge for at least five years, or

• 3. An advocate with at least 10 years of experience in one or more High Courts.

• 4. A distinguished jurist in the opinion of the President

Jurisdiction of the Supreme court

• 1. Original Jurisdiction:• The cases or disputes that come under the

original jurisdiction are given below:• (a) Disputes between the Government of India on

the one side and one or more States on the other • side.• (b) Disputes between the Government of India

and one or more States on one side and one or • more States on the other side.• (c) Disputes between two or more States.

• 2. Appellate Jurisdiction: The power of a superior/higher court to hear and decide appeals against the judgment of a lower court is called appellate jurisdiction. It hears appeals against the judgment of the High Courts

• 3. Advisory Jurisdiction:

• 1. The Supreme Court has the right to give advice, if asked.

• 2. The President of India may ask Supreme Court for its advice. The Supreme Court may or may not give advice. In case, the advice is given to the President, he may or may not accept it.

The Supreme Court is said to be the Guardian of the Constitution or Protector of Fundamental Rights .

• 1. The Constitution of India is the supreme law of the land and the Supreme Court is its

• interpreter and guardian.• 2. It does not allow the executive or the Parliament to

violate any provision of the Constitution. • 3. It can also review any action of the Government, which

allegedly violates any provision of the Fundamental Rights. This power of the Supreme Court is called Judicial Review

• 4. It is because of this power of Judicial Review of the Supreme Court that it is called guardian of the Constitution. It is also called ‘a champion of liberties’ and ‘a watchdog of democracy’.