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State Government - Indian Polity Notes

Article 153-167 in part six of the constitution deals with the state executive, therefore the constitution provides for a separate federal government with a distinct administrative setup. A state government is a branch of government that is responsible for enacting and enforcing state laws. State governments are used by some modern nations, like the United States, Australia, and India, to administer local concerns. Typically, state governments are in charge of administering a state's or region's local demands and concerns. The topic of State government is important for the UPSC IAS Exam. In this article, we will look at the composition of state government briefly. The topic of State Government consists of the following subtopics

State Governments
Sl No Sub-Topic
1 Governor
2 Chief Minister
3 State Council of Ministers
4 State Legislature
5 Special Provisions for some states
Governor

Governor

The Constitution has assigned a dual role for the governor, he is a constitutional head of the state as well as representative of the centre (President).

  • The Governor is the State's chief executive. But, like the President, he/she is only a ceremonial head of State (titular or constitutional head).
  • Normally, each State has its own Governor, but the 7th Constitutional Amendment Act of 1956 made it easier to appoint the same individual to serve as Governor of two or more States.
  • All the executive actions of the state governments are to be taken in his/her name.
  • As an integral part of the state legislature he can summon, prorogue or dissolve the state legislative assembly.
  • His/Her financial powers enable him/her to introduce an annual financial statement in the assembly.
  • Possess constitutional discretion in various scenarios.
Chief Minister

Chief Minister

Is regarded as the real executive authority in the state. Under article 164 of the constitution the appointment of chief minister is done by the governor.

  • The Chief Minister's position in the state is comparable to that of the Prime Minister at the centre.
  • The Governor appoints the Chief Minister, according to Article 164 of the Constitution.
  • If no party has a clear majority, the governor may use situational discretion. He may appoint a leader as chief minister and then demonstrate his majority on the floor of the parliament.
  • Directs, controls, coordinates the activities of the council of ministers.
  • Acts as the principal channel of communication between council of ministers and the governor.
  • Announces the government policies on the floor of the house
  • Is the political head of services of the state
State Council CM

State Council of Ministers

Article 163 addresses the status of the council of ministers and Article 164 addresses the ministers' appointment, tenure, responsibility, qualifications, oath, and salaries and allowances.

  • The real executive authority in a state's politico-administrative system is the council of ministers, which is led by the chief minister.
  • The states' councils of ministers are formed and function in the same way as the Centre's council of ministers.
  • The council of ministers headed by the chief minister advise the governor.
  • Council of ministers is collectively responsible to the legislative assembly of the state
  • Ministers hold office during the pleasure of the governor.
State Legislature

State Legislature

Article 168 to 212 in part six of the constitution deals with the organisation, powers, privileges, etc of the state legislature.

  • Legislative Assembly: The Legislative Assembly is a legislature that is elected by the people and is the true seat of power in a state.
  • An assembly's maximum strength must not exceed 500, and its minimum strength must not be less than 60.
  • Legislative Council: The Legislative Council of a State is made up of not more than one-third of the members of the State's Legislative Assembly and in no case less than 40.
Special Provision

Special Provisions for some States

These special provisions were not incorporated in the original constitution, but were incorporated with subsequent amendments during reorganization of states.

  • In 1969, the 5th Finance Commission introduced the concept of Special Category Status, recognizing that some sections of the country had historically been disadvantaged in comparison to others.
  • Aim: To grant preferential treatment to disadvantaged states in the form of central support and tax cuts. The National Development Council has previously provided assistance to various states under the Central Plan.
  • Initially, only three states were given special status: Assam, Nagaland, and Jammu and Kashmir.
  • The following list is the Special Provisions provided for some states.
Article State
Article 370 Provisions for Jammu and Kashmir
Article 371A Provisions for Maharashtra And Gujarat
Article 371B Provisions for Nagaland
Article 371C Provisions for Assam
Article 371D Provisions for Manipur
Article 371E Provisions for Andhra Pradesh Or Telangana
Article 371F Provisions for Sikkim
Article 371G Provisions for Mizoram
Article 371H Provisions for Arunachal Pradesh
Article 371I Provisions for Goa
Article 371J Provisions for Karnataka
Conclusion

Conclusion

Because India is a federal system, it has governments at both the federal and state levels. Governments are organised and run on the basis of the Parliamentary System at both levels. This ensures that local as well as national aspirations are taken into consideration to ensure a healthy democratic setup.

FAQs 

Q1: What is the role of the State Government in India?

Answer: The State Government is responsible for managing matters listed in the State List under the Seventh Schedule of the Constitution. This includes law enforcement, education, healthcare, and infrastructure within the state.

Q2: What are the major components of the State Government?

Answer: The State Government consists of the Governor, the Legislature (Vidhan Sabha and Vidhan Parishad), and the Judiciary (High Court).

Q3: Can a State Government override a Union law?

Answer: No, if there is a conflict, Union laws prevail. However, States can enact laws on subjects in the Concurrent List, subject to Union laws.

Q4: What is the structure of the State Legislative Assembly?

Answer: The State Legislative Assembly, or Vidhan Sabha, is made up of elected representatives. The Chief Minister heads the executive branch, and the Governor represents the ceremonial role.

Q5: What powers does the State Government have over local bodies?

Answer: The State Government has the power to legislate on the structure and powers of local bodies like municipalities and Panchayats under Articles 243 and 243C of the Constitution.

MCQs

  1. What is the primary role of the State Legislative Assembly?

a) Making Union laws

b) Making State laws

c) Enforcing laws

d) Judicial review

Answer: (b) See the Explanation

The State Legislative Assembly is primarily responsible for passing laws on matters in the State List and Concurrent List, as per the Constitution.
  1. Who appoints the Governor of a state?

a) President

b) Prime Minister

c) Chief Minister

d) Legislature

Answer: (a) See the Explanation

The President of India appoints the Governor of each state. The Governor acts as the head of the state on behalf of the President.
  1. Which article of the Indian Constitution mentions the distribution of powers between the Union and State Governments?

a) Article 370

b) Article 368

c) Article 245

d) Article 246

Answer: (d) See the Explanation

Article 246 of the Constitution divides the powers and responsibilities between the Union and State legislatures through the Union List, State List, and Concurrent List.
  1. Who is the head of the State Government?

a) Chief Justice

b) Chief Minister

c) Governor

d) President

Answer: (c) See the Explanation

The Governor is the constitutional head of the State Government, whereas the Chief Minister is the head of the state's executive.
  1. What is the maximum term for which a State Legislative Assembly can be dissolved?

a) 4 years

b) 5 years

c) 6 years

d) 7 years

Answer: (b) See the Explanation

A State Legislative Assembly is usually elected for a term of five years, after which it can be dissolved by the Governor.

GS Mains Questions and Model Answers

Q1: Discuss the relationship between the Union and State Governments under the Indian Constitution.

Answer: The Constitution of India outlines a federal structure where powers are divided between the Union and State Governments. The Union Government has exclusive authority over matters in the Union List, while States legislate on issues in the State List. The Concurrent List allows both to make laws, but in case of a conflict, Union laws prevail. This structure ensures both the autonomy of states and a strong central authority.

Q2: Explain the role of the Governor in the functioning of State Governments in India.

Answer: The Governor represents the President at the state level and holds executive powers. The Governor appoints the Chief Minister, who leads the Council of Ministers and is responsible for the administration. The Governor also ensures that state laws comply with the Constitution. The Governor's role is largely ceremonial, with actual governance being carried out by the state government.

Q3: What are the constitutional provisions regarding the dissolution of the State Legislative Assembly?

Answer: Under Article 174, the Governor may dissolve the State Legislative Assembly, but only after the completion of its five-year term, unless the assembly is earlier dissolved by the President. Elections to the Legislative Assembly must be held within six months after its dissolution. The Governor’s powers are exercised on the advice of the Council of Ministers, headed by the Chief Minister.

Previous Year Questions on  State Government

1. UPSC CSE Prelims 2019

Question: Which of the following is true about the Union and State Legislative Assemblies in India?

a) The Union Legislature can make laws on any matter in the State List under any circumstances.

b) The State Legislative Assembly can override the Union law.

c) The President of India can dissolve a State Legislative Assembly.

d) The State Legislative Assembly cannot make laws on matters in the Concurrent List.

Answer: c) The President of India can dissolve a State Legislative Assembly.

Explanation: The President of India has the authority to dissolve the State Legislative Assembly, which can only be done after the completion of its five-year term or during an emergency.

2. UPSC CSE Mains 2020

Question: Discuss the powers and functions of the Governor in a state under the Constitution of India.

Answer: The Governor is the ceremonial head of the state, acting as the representative of the President. The Governor plays a critical role in the state's executive, legislative, and judicial functions. The Governor appoints the Chief Minister and other ministers, ensuring the smooth functioning of the executive. The Governor’s legislative powers include addressing the Legislative Assembly, issuing ordinances, and giving assent to bills. Judicial powers involve appointing judges to the state courts. The Governor’s powers are exercised on the advice of the Chief Minister and Council of Ministers, but they also hold discretionary powers in certain circumstances, such as when no party has a clear majority after elections. The Governor ensures the state's laws conform to the Constitution and is a bridge between the Union and the State Governments. However, the Governor's role is largely symbolic with real power vested in the elected government.

*The article might have information for the previous academic years, please refer the official website of the exam.
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