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Indian Constitution- State Legislature and State Executive

important articles of Indian constitution

State Legislature and State Executive

Constitution of India

 

State legislature: Part VI

Article 168 of Indian Constitution: Constitution of legislatures in states

According Article 168, the state legislature shall consists of Governor, Lower house, Upper house

 

Article 168 of Indian Constitution: Abolition or creation of legislature councils in states

According article 169, the state upper house may be created or abolished

 

Name of the houses in state legislature are 

Lower houses – Legislature assembly(MLA’s)

Upper house – Legislative council(MLC’s)

Note: Creation or Abolition of Upper house is left to the discretion of State Lower house

 

Procedure of creation and abolition of Upper House

If Lower house approves a resolution with a Special majority and that resolution is to be ratified by the Parliament with simple majority. If resolution bill is passed by parliament then the President issues order for creation or abolition of state upper house

So it can be inferred that the existence of State Upper house depends upto the will and wish of the State Lower legislature

As on Dec 2018, there are 7 States having Upper Houses

Andhra Pradesh, Bihar,, Jammu and Kashmir, Karnataka, Maharashtra,Telangana and Uttar Pradesh 

 

Note: West Bengal, Punjab, Tamil Naidu had upper house but subsequently abolished. Recently abolished state was Tamil Naidu- 1986

In 2012, Tamil Naidu initiated a resolution for creation of Upper house by DMK Party but subsequently was withdrawn by AIADMK Party

Strength of Lower houses and Upper houses

Lower houses, Legislature assembly should consists of strength minimum 60 members and maximum upto 500

Upper houses, Legislature Council should consists of strength minimum 40 members and maximum upto 1/3 of total members(MLA)

However the following States not having the stipulated strength of 60 in Legislature assembly are

Puducherry -30  

Sikkim – 32

Goa and Mizoram – 40

Legislature Assembly seats in Indian States and UT’s  

Andhra Pradesh – 175

Arunachal Pradesh -60

Assam – 126

Bihar – 243

Chhattisgarh -90

Delhi – 70

Goa – 40

Gujarat – 182

Haryana – 90

Himachal Pradesh -68

Jammu and Kashmir- 87

Jharkhand- 81

Karnataka -224

Kerala -140

Madhya Pradesh- 230

Maharashtra – 288

Manipur- 60

Meghalaya – 60

Mizoram – 40

Nagaland- 60

Odisha -147

Puducherry -30

Punjab -117

Rajasthan – 200

Sikkim – 32

Tamil Nadu – 234

Telangana – 119

Tripura –  60

Uttar Pradesh – 403

Uttarakhand – 70

West Bengal -294

 

Election for Legislature assembly

Member of Legislature assembly, MLA’s are elected by votes on the basis of territorial constituencies – First Past the post method(FPTP)

Normal tenure of Member of Legislature assembly is 5 yrs

Note: Tenure of Legislature Assembly of  Jammu and Kashmir is 6 years

Governor dissolves the Legislature assembly on the advice of Chief Minister. However President can also dissolves state assembly under Article 356

Note: Legislature assembly can be also extended upto 1 year at time during National emergency

 

State Upper house – Legislative council(MLC’s)

State upper house shall consists of minimum of 40 MLC and more but shall not exceed 1/3rd of total member of Legislature assembly

 

Election for Members of Legislative council

Member of Legislative council (MLC) are elected both directly and indirectly, more indirect then direct. They are elected by Proportional representation by means of single transferable vote like that Rajya Sabha members

Member of Legislative council elected as follows

1/3rd MLC- Elected by MLA’s

1/3rd MLC- Elected by members of local bodies

1/12 MLC- Elected by Graduates  

1/12 MLC- Elected by Teachers of Government and Govt aided

1/6 MLC- Nominated by Governor

 

Tenure of Member of Legislative council

Tenure of State upper house is Permanent houses unless and until it abolish. But members are elected for term of 6 yrs

Note: 1/3rd members retires for every 2 yrs like that of Rajya Sabha

 

Qualification Age for MLA and MLC are

MLA’s – 25 yrs

MLC’s – 30 yrs

The salary of MLA, MLC is determined by legislature itself. The salary is not mentioned in 2nd schedule

 

State Executive: Part VI 

Part VI in Indian constitution is applicable to all states expects the state Jammu kashmir

Article 152 to Article 167: Chapter I, deals with state executive. Parliamentary system of executive has replicated even at State level

 

Article 152 of Indian Constitution: Definition of State 

This article say defines about State 

 

Article 153 of Indian Constitution: Governor of states

This article say that there shall be a Governor for each state

However a common Governor may be appointed for two or more than two states. This provision was inserted to Indian constitution in 1956 by 7th Amendment

President of India may appoint acting Governor either from adjoined state Governor or Chief Justice of High court temporarily

 

Article 154 of Indian Constitution: Executive power of states

This article says, all the executive authority of the state shall be vested(placed) in the hands of Governors

 

Article 155 of Indian Constitution: Appointment of Governor

This article deals with appointment of Governor. President of India appoints Governor for the term of 5 yrs. However he holds office during the pleasure of President of India.

 

Article 156 of Indian Constitution: Term of office of Governor

This article deals with term/tenure of Governor. Governor can be removed by President with or without any ground. It is just removal action not a procedure. 

Governor doesn’t a enjoy security of tenure. Governor addresses his resignation to President of India under Article 156

 

Article 157 of Indian Constitution: Qualifications for appointment as Governor

This article deals with qualification of Governor. To appoint as Governor, he/she must be citizens of India with completion of 35 years age.

Justice R.S.Sarkaria commission which examined Central State relations in 1988, recommended following condition for appointment of Governor

a) Governor should be not appointed to his/her Home State

b) He should not be active in politics 2 yrs before his appointment

c) Chief minister of the state should be consulted before the appointment of Governor

Note: However only 1st one of these is observed

 

Salary of the Governor

The salary of the Governor is fixed by Parliament and charged on consolidated fund of State. Governor salary cant be reduced expect during the course of Financial emergency

Constitutional of India doesn’t mentioned pension facilities of Governor.

Official resident of Governor is Raj Bhavan 

Official resident of Lieutenant Governor is Raj Nivas

 

Power function of a Governor

Power of Governor can be explained as follow

a) Executive power

b) Legislature power

c) Financial power

d) Judicial power

However, Governor doesn’t have – Military, Diplomatic, Emergency Powers

Note: Governor enjoys certain discretionary and special powers which are not enjoyed by President of India

 

Special discretionary powers of Governor

Article 163(2) of Indian constitution: If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

This article categorically says Governor of state while exercising his powers sometimes under the constitution act his discretion i e., Governor as discretion powers

But however this type of discretion is not mentioned in constitution in case President under Article 74

 

The discretion powers are given as 

a) Governor can reserve a bill approved by state legislature for consideration of President of India under Article 201

Article 201 of Indian Constitution: Bills reserved for consideration of the President 

Note: Governor can reserve bills which effect the power of State High court as well as center -state relations

b) Sending a report to Central Government regarding prevailing situations in the state

c) Sending a report regarding invoking Article 356 in the state

d) Governor of Gujarat have special power regarding the development of Saurashtra and Kutch

e) Governor of Nagaland having special power regarding the law and order in the state

f) Governor of Maharashtra has special power regarding the development of backward areas Vidarbha and Marathwada

g) Governor of Assam, Meghalaya, Mizoram, Tripura having special power regarding development of agency areas of state

 

Article 164 of Indian Constitution: Other Provision as to minister

This article deals with provision of minister

In Article 164(1), there is special mentioned of separate ministry for tribal welfare to states of Chhattisgarh,
Jharkhand, Madhya Pradesh and Orissa

 

Special Provisions to certain States

PART – 21st of constitution of India deals with certain temporary and transitional provisions

Article 370 of Indian Constitution: Special Status to Jammu and Kashmir

Article 371 of Indian Constitution:  Special provision to Maharashtra and Gujarat

Article 371(A) of Indian Constitution: Special provision to Nagaland

Article 371(B) of Indian Constitution: Special provision to Assom

Article 371(C) of Indian Constitution: Special provision to Manipur

Article 371(D) of Indian Constitution: which provided by Presidential order regarding recruitment of state civil service under local and zone bases. This known as 6 point formula

Article 371(E) of Indian Constitution: Established central universities to met the educational requirement of Telangana area

Note: 371(D), 371(E) both Article are inserted in 1973 by 32nd Amendment effective from 1/7/1974

371(F) of Indian Constitution: Special provision to Sikkim

371(G) of Indian Constitution: Special provision to Mizoram

371(H) of Indian Constitution: Special provision to Arunachal Pradesh

371(I) of Indian Constitution: Special provision to Goa

 

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