State Governments

Governor

▸ The Constitution provides for an office of the Governor in the states under Article 153. Usually, there is a Governor for each state, but the 7th Constitution Amendment Act, 1956, facilitated the appointment of the same person as a Governor for two or more states.
▸ A Governor is the Chief Executive and the Head of the State, but like the President he/she is a nominal executive head. The real executive power remains with the Council of Ministers headed by the Chief Minister.
▸ When a Governor discharges the responsibilities of more than one state, he/she acts on the advice of the Council of Ministers of the respective states.

Qualifications

▸ The Constitution of India lays down two qualifications for appointment of person as a Governor, under Article 157.
— He/She should be a citizen of India.
— He/She should have completed the age of 35 years.

Appointment

▸ Article 155 says, the Governor of a state shall be appointed by the President of India by warrant under his/her hand and seal.
▸ His/Her usual term of office is
5 years and he/she holds office during the pleasure of the President. He/She can also be transferred from one state to another by the President. He/She can also resign any time by addressing his resignation to the President.
▸ The Legislature of a State or a High Court has no role in the removal of a Governor. A person may be appointed as a Governor for any number of terms.

Conditions for Office

▸ He/She should not be a member of either Houses of Parliament or of a House of the State Legislature.
▸ He/She should not hold any other office of profit.
▸ His/Her emoluments allowances and privileges are determined by the Parliament by law.
▸ His/Her emoluments and allowances should not be diminished during his office.
▸ Currently, the salary of Governor is 3.50 lakh per month.

Privileges of the Governor

▸ He/She enjoys personal immunity from legal liability for his/her official acts. During his/her term of office, a Governor is immune from any criminal proceedings, even in respect of his personal acts. He/She cannot be arrested or imprisoned.
▸ However, after giving two months notice, civil proceeding can be instituted against him/her during his/her term of office in respect of his/her personal acts.
Need of an Appointed Governor
The question is often raised as to why the Constituent Assembly of India preferred an Appointed Governor over an elected Governor. For this, four considerations were taken into account.
▸ Election would have been an expensive proposition.
▸ Election would have been fought on personal issues;
▸ An elected Governor would have considered himself superior to the Chief Minister. This would have given rise to political rivalry.
▸ An appointed Governor could more effectively check separatist tendencies and provide stability.

Powers and Functions

▸ A Governor possesses executive, legislative, financial and judicial powers. He/She has no diplomatic, military or emergency powers like the President. The Governor has also been given certain discretionary powers.
Executive Powers
▸ All executive actions of the Government of a State are formally taken in the name of the Governor.
▸ He/She appoints the Chief Minister and other Ministers on the advice of the Chief Minister. They hold office during the pleasure of the Governor. There should be a Tribal Welfare Minister in the States of Jharkhand Chhattisgarh, Madhya Pradesh and Odisha appointed by the Governor.
▸ He/She appoints the Advocate-General of a State and determines his remuneration. The Advocate-General holds office during the pleasure of the Governor.
▸ He/She appoints the State Election Commissioner and determines the conditions of service and tenure of the office. He/She also appoints the Chief Secretary in a state. The term of Chief Secretary is not fixed.
▸ He/She appoints the Chairman and the members of the State Public Service Commission. However, they can be removed only by the President of India and not by the Governor. (He/She can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister).
▸ He/She can ask the Chief Minister to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister, but which has not been considered by the Council of Ministers.
▸ Though the Governor does not have the power to appoint the Judges of the High Court, but his consultation is required by the President for the appointment of the Judges of the High Court.
▸ If the Governor is satisfied that the members of the Anglo-Indian community are not adequately represented in the Vidhan Sabha, he may nominate one member.
▸ If Vidhan Parishad (Legislative Council) is also in existence in a state, the Governor has the power to nominate 1/6 of the total members of the Vidhan Parishad from among the persons who have excelled or have practical experience in the fields of Literature, Science, Arts, Co-operative Movement and Social Services.
Legislative Powers
▸ A Governor is an integral part of the State Legislature (Article 168). He/She has the right of summoning or proroguing the State Legislature and dissolving the State Legislative Assembly.
▸ He/She addresses is the State Legislature at the commencement of the first Session after each general election and the first Session of each year. He/She can send message to the Houses of Parliament or the Houses of the State Legislature, with respect to a Bill pending in the Legislature or otherwise.
▸ He/She can appoint any member of the State Legislative Assembly to preside over its proceedings, when the offices of both the Speaker and the Deputy Speaker fall vacant simultaneously.
▸ He/She decides on the question of disqualification of the members of the State Legislature in consultation with the Election Commission.
▸ He/She can promulgate Ordinances when the State Legislature is not in session (Article 213). These ordinances must be approved by the State Legislature within 6 weeks from its reassembly.
▸ He/She can also withdraw the Ordinance any time. He/She lays the reports of the State Public Service Commission, State Finance Commission and the Comptroller and Auditor General relating to the accounts of the state, before the State Legislature Article 202.
▸ He/She ensures the laying of the state budget before the Legislature.
Governor's Assent to Bill
When a Bill is sent to the Governor after it is passed by the State Legislature, has the following options
— Give his/her assent to the Bill.
— Withhold his/her assent to the Bill.
— Return the Bill (if it is not a Money Bill) for reconsideration of the State Legislature. If the State Legislature again passes the Bill with or without amendments, a Governor has to give his assent to the Bill.
▸ He must reserve for the consideration of the President, any Bill passed by the State Legislature, which endangers the position of the State High Court.
▸ In addition, the Governor can also reserve the Bill if it is of the following nature
— ultra vires, i.e. against the provisions of National Importance.
— opposed to the Directive Principles of State Policy.
— that Bill is inconsistent to Union laws.
Financial Powers
▸ Money Bill can be introduced in the State Legislature only with the prior recommendation of the Governor. No demands for a grant can be made except on his/her recommendation.
▸ He/She can make advances out of the Contingency Fund of the State to meet any unforeseen expenditure state.
▸ He/She constitutes State Finance Commission after every 5 years to review the financial position of the Panchayats and the Municipalities.
▸ The Constitution confers on the Governor, the duty to get prepared and introduced to the State Legislature, the annual budget and also the supplementary budgets, if necessary.
Judicial Powers
▸ He can grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
▸ He is consulted by the President while appointing the judges of the concerned State High Court.
▸ He makes appointment, postings and promotions of the District Judges in consultation with the State High Court (Article 233).
▸ He also appoints persons to the Judicial Services of the State (other than District Judges) in consultation with the State High Court and the State Public Service Commission.
Discretionary Powers
▸ Reservation of a Bill for the consideration of the President.
▸ Recommendation for the imposition of the President's rule in the state.
▸ While exercising his/her function as the administrator of an adjoining Union Territory (in case of additional charge).
▸ Appointment of the Chief Minister when no party has clear cut majority in the State Legislature.
▸ Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state.
▸ Dismissal of the Council of Ministers when it cannot prove the confidence of the State Legislative Assembly.
▸ Dissolution of the State Legislative Assembly if the Council of Ministers has lost its majority.
▸ Determining the amount payable by the State of Assam to the autonomous Tribal District Council as royalty accruing from licenses for mine exploration.
Sarkaria Commission Recommendations on Governor
▸ On the qualification, of a Governor, the Commission recommended
— He/She should be eminent in some walk of life.
— He/She should be a person from outside the state.
— He/She should be a detached figure without intense political links or should not have taken part in politics in last 5 years.
— He/She should not be a member of the ruling party.
▸ On the process of appointment, the Commission recommended that
— the Governor should be appointed from a panel to be prepared by State Legislature or from a panel to be prepared by the State Chief Ministers.
— effective consultation should be made with the State Chief Minister in selection of a person for the post of Governor.
— Vice-President of India and Speaker of Lok Sabha should be consulted by the Prime Minister before selection of the Governor.
▸ On the removal, the Commission suggested that
— As far as possible the term of 5 years should be maintained.
— The Governor should be removed before their tenure only on the grounds as mentioned in the Constitution or if aspersions are cast on his morality, dignity, constitutional propriety etc.
— In the process of removal, State Government may be informed and consulted.
— The National Commission for the review of working of Constitution under the chairmanship of Justice Venkatachalliah has adopted the recommendation of Sarkaria Commission as aforesaid.

Powers during President's Rule

▸ If the Governor thinks that the Government of the State cannot be carried on in accordance with the provisions of the Constitution, he/she may, under Article 356 recommend to the President to impose the President's rule in that state. As soon as the President rule is imposed, the administration of the state is carried on by the Governor acting as the representative of the President.

Special Responsibilities of Governor

▸ The Governor has certain special responsibilities to discharge according to the directions issued by the President. In this regard, the Governor though has to consult the Council of Ministers, acts finally in his/her individual judgement and discretion.
These State specific responsibilities are as follows
— Maharashtra Establishment of a separate Development Boards for Vidarbha and Marathwada.
— Arunachal Pradesh With respect to the law and order in the state.
— Assam With respect to the administration of the Tribal areas.
— Nagaland With respect to the law and order in the State.
— Manipur With respect to the administration of the hill areas in the state.
— Sikkim for peace and for ensuring social and economic advancement of the different sections of the population.
— Gujarat Establishment of a separate Development Boards for Saurashtra and Kachchh.
— Karnataka Establishment of a separate development board for Hyderabad-Karnataka region in the state.

Chief Minister and Council of Ministers

▸ The Chief Minister is the real executive and is the head of the Government of a State. The position of the Chief Minister at the state level is analogous to the position of the Prime Minister at the centre.
▸ Every state shall have a Council of Ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his/her powers and functions except the discretionary ones Article 163.
▸ The Chief Minister shall be appointed by the Governor. Other ministers shall be appointed by the Governor on the advice of the Chief Minister.
▸ Normally, the leader of the party having majority in the Vidhan Sabha is appointed as the Chief Minister by the Governor. The Governor shall administer the oath of office and secrecy to the Ministers.
▸ The Chief Minister shall hold office during the pleasure of the Governor. It does not means that the Governor can dismiss him/her at any time. Untill and unless he/she enjoys the majority in the assembly.
▸ The Council of Ministers shall be collectively responsible to the State Legislature Assembly.
▸ The Governor shall administer the oaths of office and secrecy to a minister.
▸ A minister who is not a member of the State Legislature for any period of 6 consecutive months shall cease to be a minister.
▸ The 91st Amendment Act (2003) has added the following two provisions
1. The total number of ministers, including the Chief Minister in the Council of Ministers in a State shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of minister including the Chief Minister in a state shall not be less than 12. 2. A member of either House of State Legislature belonging to any political party who is disqualified on the ground of defection shall also disqualified to be appointed as a minister.

Powers and Functions of Chief Minister

In Relation to the Council of Ministers
▸ The Chief Minister, recommends persons to be appointed as the ministers by the Governor.
▸ Allocates and reshuffles the portfolios among the ministers.
▸ Can ask a minister to resign or advise the Governor to dismiss the minister in case of difference of opinion.
▸ Presides over the meetings of the Council of Ministers and influences its decisions. Guides, directs, controls and coordinates the activities of all the ministers.
▸ Can bring about the collapse of the Council of Ministers by resigning from the office.
In Relation to the Governor
▸ Chief Minister is the principal channel of communication between the Governor and the Council of Ministers.
▸ In this capacity, he performs the following functions
— He/She communicates to the Governor of all decisions of the Council of Ministers relating to the administration of the Affairs of the state and proposals for legislation.
— He/She furnishes such information relating to the administration of the Affairs of the state and proposals for legislation as the Governor may call for.
— If the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
— He/She advises the Governor with regard to the appointment of important officials like Advocate-General, the Chairman and the Members of the State Public Service Commission, the State Election Commissioner etc.
In Relation to the State Legislature
▸ He/She advises the Governor with regard to the summoning and proroguing of the sessions of the State Legislature.
▸ He/She can recommend the dissolution of the Legislative Assembly to the Governor any time.
▸ He/She announces the Government policies on the floor of the House. He has the right to intervene in any debate in the State Legislature.
The Advocate-General (Article 165)
The Advocate-General is the first law officer of a state. His/her office and functions are comparable to that of the Attorney General of India. Appointed by the Governor and holds the office during his/her pleasure. His/her remunerations are also determined by the Governor. To be appointed to the office of the Advocate-General, he/she must be qualified to be a judge of the High Court. He/She has the right to attend and speak in the proceedings of either Houses of the State Legislature without any right to vote. He/She has the right of audience in any court in the state.

The State Legislature

▸ Article 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the State Legislature.

Composition of the Houses

The Legislative Council (Vidhan Parishad)
▸ As per the Constitution, the number of members of the Legislative Council is not to exceed one-third of the total strength of the State Assembly. However, its strength should not be less than 40 either.
The members of the Legislative Council are derived from various sections and streams of the society as follows:
— One-third to be elected by electorates consisting of members of the Panchayats, Municipalities, District Boards etc.
— One-third to be elected by the Legislative Assembly.
— One-twelfth to be elected by the graduates of 3 years standing residing in the state.
— One-twelfth to be elected by the persons having teaching experience of 3 years in educational institutions.
— The remainder one-sixth to be nominated by the Governor from among the distinguished persons of the society in the field of literature, science, arts, cooperative movement and social service.
▸ The legislature of every state consists of the Governor and one or two Houses. The legislatures of Jammu and Kashmir, Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh and Telangana are bicameral i.e. having both the Legislative Assembly and the Legislative Council. Other states have unicameral legislatures i.e. there exists only the State Legislative Assembly.
▸ Just like the Upper House at the Centre, the Legislative Council of a State is never dissolved. The members are elected for a term of 6 years and one-third of its members retire every 2 years.
Creation and Abolition of Legislative Council
▸ The Parliament under Article 169 is empowered to create or abolish the Legislative Council in a state where the Legislative Council is to be created or abolished.
▸ The concerned State Legislative Assembly should pass a resolution to this effect by a majority of two-third of the members present and voting. After this, the Bill goes to the Parliament for approval, which may or may not pass it. In Parliament, such a resolution is passed by a simple majority.
The Legislative Assembly (Vidhan Sabha)
▸ The Legislative Assembly is the popular House of the State Legislature where members are directly elected by the people for a term of 5 years, unless the House is dissolved by the Governor earlier.
▸ The strength of this popular House should not be less than 60 or more than 500. However, the strengths of Goa and Sikkim Legislatures are 40 and 32 respectively which are less than 60.
▸ The Governor may nominate one member from the Anglo-Indian Community to this House, if he/she thinks that the community is not adequately represented.
▸ The sessions of the State Legislature and its officers as well as their functions are almost similar to those at the Union Level.

Membership of State Legislature

Qualifications
▸ The Constitution lays down the following qualification for a person to be chosen a member of the State Legislature.
— He/She must be a citizen of India.
— He/She must not be less than 30 years of age in the case of the Legislative Council and not less than 25 years of age in the case of the Legislative Assembly.
— He must possess other qualifications prescribed by Parliament.
Disqualifications
▸ A person shall be disqualified for being a member
— If he/she holds any office of profit under the Union or State Government.
— If he/she is of unsound mind and stands so declared by a court.
— It he/she is an undischarged insolvent.
— If he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state.
— If he/she is so disqualified under any law made by Parliament.
▸ According to Article 191 (2), a person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a state if he/she is so disqualified under the 10th Schedule.

Legislative Procedure

▸ In an Unicameral Legislature, the procedure is very simple. Every Bill originates in the Vidhan Sabha i.e. Legislative Assembly, duly passed by it and then sent to the Governor for his/her assent.
▸ For, in a Bicameral Legislature, the process, however incase of ordinary and other Financial Bills the process is different from that in Parliament. Money Bill follows the similar procedure as in the Parliament.
Process Regarding Financial and Ordinary Bills
▸ The Bill should be passed by both the Houses. The Vidhan Parishad i.e. Legislative Council does not enjoy an equal status to that of the Vidhan Sabha.
▸ After a Bill has been passed by the Legislative Assembly of a State having a Legislative Council and transmitted to the Legislative Council, There are three possibilities namely (i) The Bill is rejected by the Council.
(ii) More than 3 months elapsed from the date on which the Bill is laid before the Council without the Bill being passed by it.
(iii) The Bills passed by the Council with amendments, then the Bill returns to the Legislative Assembly. The Legislative Assembly may or may not accept the recommendations.
▸ If after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council, there are three possibilities named (i) The Bill is rejected by the Council.
(ii) More than 1 month elapsed from the date on which the Bill is laid before the Council without the Bill being passed by it.
(iii) The Bill is passed by the Council with amendments to which the Legislative Assembly does not agree.
▸ The Bill shall be deemed to have been passed by both the Houses in the form in which it was passed by the Legislative Assembly for the second time.
▸ The Legislative Council has the power to introduce the Bill, but if the Vidhan Sabha rejects it, that is the end of the Bill. Unlike at the Union level, there is no provision of joint-sitting in the State Legislature for resolving deadlock over the passage of a Bill.
▸ The two Houses meet jointly on only one occasion— the Governor's address immediately after the general election to the Vidhan Sabha or at the commencement of the first session of each year.

Presiding Officers of the State Legislature

Speaker of Legislative Assembly
▸ It is elected by the Assembly itself from amongst its members and remains in office during the life of the Assembly. However, he/she may vacate his office by resigning by writing to the Deputy Speaker or be removed by a resolution passed by a majority of all the then members of the assembly or if he ceases to be a member of the Assembly. Such a resolution can be moved only after giving 14 days prior notice.
Constitutional Position of Speaker
▸ Though, he/she is an elected member of the Vidhan Sabha, he continues to hold his/her office even after the dissolution of the Vidhan Sabha till the new Vidhan Sabha is constituted.
▸ This is because he/she not only presides over and controls the legislative functions but also acts as the Head of the Secretariat of the Vidhan Sabha which continues to function even after the House is dissolved.
▸ Another aspect of his/her special position is that he/she has been given responsibility to uphold the dignity and the privileges of the Vidhan Sabha because the speaker represents the Vidhan Sabha as an institution.
Powers of Speaker
▸ His/her functions are similar to those of the speaker of the Lok Sabha. He adjourns the assembly or suspends the meeting in the absence of a quorum and maintain order and decorum in the Assembly.
▸ He/She decides the questions of disqualification of a member of the Assembly arising on the ground of defection under the provision of the 10th Schedule.
▸ Whether a Bill is a Money Bill or not, is certified only by the speaker and his decision is final and binding.
▸ The committees of the Vidhan Sabha function essentially under the speaker and their chairpersons are also nominated by him.
▸ If the speaker is a member of any committee, he is the ex-officio Chairman of such a committee.
Chairman of Legislative Council
▸ The chairman is elected by the council itself from amongst its members. He/She may vacate his/her office by resigning by writing to the Deputy Chairman or if he ceases to be a member of the council. His/her powers and functions are comparable to the speaker of the assembly with few exceptions.
Legislative Assembly Seats in States/UTs

States/UTs Seats Uttar Pradesh 403 Chhattisgarh 90 West Bengal 294 Jammu and Kashmir 87 Maharashtra 288 Jharkhand 81 Bihar 243 Delhi 70 Tamil Nadu 234 Uttarakhand Madhya Pradesh 230 Himachal Pradesh 68 Karnataka 224 Arunachal Pradesh 60 Rajasthan 200 Tripura Gujarat 182 Nagaland Andhra Pradesh 175 Manipur Odisha 147 Meghalaya Kerala 140 Goa 40 Assam 126 Mizoram Telangana 119 Sikkim 32 Punjab 117 Puducherry 30 Haryana

Legislative Council seats in States with Bicameral Legislatures

State 100 58 75 36 78 Telangana*

* Seats of Andhra Pradesh and Telangana are according to Andhra Pradesh Reorganisation Act, 2014.