Rajasthan Board RBSE Class 10 Social Science Notes Chapter 7 State Government
Composition of Legislative Assembly
Legislative Assembly is the first and popular house of legislature.
Number of Members: Article 170 says that the minimum number of members in a legislative assembly can be 60 and maximum number can be 500.
Reservations: According to the 95th Constitutional Amendment of 2009 the provision for reservation of Scheduled Castes & Tribes is for up to 2020. Governor can nominate one member from the Anglo-Indian in case of inadequate representation from that community.
Election Process: Barring the nominated member from Anglo-Indian community, remaining members are elected through direct vote.
Eligibility of Member: A person should fulfill following criteria to be a member of legislative assembly:
- The person should be a citizen of India.
- The person should be at least 25 years old.
- The person should not hold the post of benefit under union government or state government.
- The person should not be confirmed a lunatic or bankrupt.
- The person should fulfill the eligibility criteria as fixed by parliament or legislative council.
Termination of Membership: Termination of membership for both houses of legislature can happen under any of the following conditions:
- If a person is elected for both houses of state legislature then he will have to resign from either of the houses. Similarly, a person cannot be a member of legislative assembly and parliament at the same time.
- If a member remains absent from the session of the house without permission continuously for more than 60 days.
- If a person loses the eligibility to be a member even after becoming a member of the house.
Tenure: The tenure of legislative assembly is 5 years. The governor can dissolve the house even before the term.
Officials: Legislative assembly of each state has two main officials, viz. speaker and deputy speaker. They are elected by the members of the assembly and their tenure is same as that of the assembly.
Power and Functions of Speaker:
Following are the power and functions of the speaker:
- He presides over the session of legislative assembly and conducts the proceedings of the house.
- He is responsible for maintaining peace and discipline in the house and can take necessary action to ensure that.
- A member of the house can speak in the house only after his permission.
- He can expunge those remarks from the proceedings of the house which are considered to be unparliamentary or uncivilized.
- He can decide on the sequence of proceedings of the house on the advice of leader of the house.
- He can accept the questions, or reject them if they are against the rule.
- He announces the result after voting.
- He does not participate in voting in normal circumstances. But in case of a tie he utilizes his ‘Casting Vote’.
- Speaker decides if a bill is a money bill or not.
- He gives judgment on petition regarding defection.
The deputy speaker performs all these duties in the absence of speaker.
Constitution of Legislative Council: Legislative assembly has the right to recommend creation or abolition of legislative council, and this recommendation needs to be passed by the legislative assembly by two-thirds majority.
Number of Members: The number of members in the legislative council will not be more than 1/3rd of the number of members in legislative assembly in that state. However, it has also been proposed that the number cannot be less than 40 under any condition. Jammu & Kashmir is an exception to this rule.
Election and Nomination of Members: Five out of six members of legislative council are elected and one out of six members is nominated in a legislative council. Members of legislative council are indirectly elected. This election happens through Single Transferable Voting Method under proportional representation system.
Following are the electoral colleges which elect the members of legislative council.
- Electoral College of local institutions: About one-third of the members are elected by municipalities, zilaparishads, and by those institutions which have been specified by the Parliament.
- Electoral College of legislative assembly: About one-third members are elected by members of legislative assembly.
- Electoral College of Graduates: This college is composed of those people who live in that state, are graduates and had cleared the graduation level examination at least three years ago. This college elects about 1/12th of the total members.
- Electoral College of Teachers: This college is composed of those teachers who had been teaching since at least 3 years in middle schools or higher educational institutions under the state. This college elects about 1/12th of the total members.
- Members nominated by the Governor: The Governor nominates 1 /6th of members from the fields of art, literature, science, cooperatives and social service.
Eligibility for Members: Eligibility criteria for legislative council are same as for membership of legislative assembly. The only difference is that minimum age is 30 years. Moreover, the candidate should be a listed voter in that state.
Tenure: The tenure of members of legislative council is 6 years. Two-thirds of the members retire after every two years and are replaced by newly elected members.
Officials: Members elect a speaker and deputy speaker from among themselves. Legislative council has the right to remove them from their post.
Powers and Functions of Legislative Council
Following are the rights and functions of legislative council:
Legislation: Except the money bill all other bills can be introduced in any house of state legislature. But the bill should be passed by both the houses. If a bill is passed by legislative assembly and is rejected by legislative council, the legislative assembly again passes that bill and sends it to legislative council. The legislative council can hold any normal bill to a maximum of 4 months. Legislative council cannot make a bill null.
Function related to executive: Member of legislative council can be a member of cabinet. Legislative council can control the cabinet through questions, proposals and debates. But it has no right to remove the cabinet.
Financial work: When the legislative assembly passes a money bill and sends it to legislative council for recommendations, the legislative council can hold the bill only up to 14 days. If it does not return the bill within 14 days then the bill is considered to be passed by both the houses.
Power and Functions of state legislature or legislative assembly
The power and functions of state legislature are as follows:
Legislative work: State legislature has the right to make law on almost all those subjects which come under State List and Concurrent List.
Financial power: Legislature mainly legislative assembly has complete control on money of the state.
Administrative Power: Because of provision of legislative system even in states, the cabinet of a state is answerable to the state legislature especially to legislative assembly for its works.
Power to Amend the Constitution: Approval of legislative assemblies of at least half of the states need to be taken for a bill which is passed by the Parliament to amend certain sections of the Constitution. However, legislative councils do not have the right to amend the constitution. Legislative council can only give its approval or disapproval.
Election related power: Elected members of legislative assemblies participate in the election for the President.
Process of Formation of Legislative Council of Rajasthan and Current Scenario
At present Rajasthan has only legislative assembly. The legislative assembly of Rajasthan has passed the bill for formation of legislative council and has sent this bill for approval by the Central Government.
State Executive: Governor, Chief Minister, Cabinet
Governor: Constitutional Head of State
Appointment of Governor: The Governor is appointed by the President of India. A governor is appointed for a period of five years, but can continue in office till his successor joins the office.
Healthy precedents on appointment of governor:
- Governor should not be a resident of the state where he is going to be appointed.
- Before appointing a governor the Central Government should consult the Chief Minister of the state where the government is going to be appointed.
- The person should be a citizen of India.
- The person shall be at least 35 years old.
- The person cannot continue to be a member of parliament or of state legislature once he/she is appointed as governor.
- The person cannot hold an office of profit.
Salaries and Allowances: A governor gets a monthly salary of rupees one lakh ten thousand. Additionally, he gets free accomodation, allowances and other allowances as specified by the laws of the Parliament.
Power and Functions of Governor
Executive Powers: The Governor uses these powers himself and through the officials under him. He appoints the Chief Minister, and appoints other ministers on Chief Minister’s advice. He appoints the chairperson and members of State Public Service Commission. The President needs to take advice from the Governor of related state while appointing the judges of a High Court.
Legislative Powers: The Governor calls the session of legislature, can stall the session and can dissolve the lower house of legislature. He addresses the first session of legislature after the general election. Governor’s assent is required for bill which is passed by the legislative assembly. He can reject a bill, or can return the bill to legislative assembly for review. If the legislative assembly passes the bill for the second time then Governor has to give his assent. He can preserve some bills for assent by the President.
Financial Powers: Any money bill cannot be introduced in the legislative assembly without prior approval of Governor. The consolidated fund of the state is under the Governor.
Judicial Powers: The Governor can reduce, or stay, or change, or forgive a punishment to a person who has committed a crime against the laws which are related to subjects which come under the executive power of the Governor.
Based on his report the Central Cabinet can give its recommendation to impose president’s Rule in the state as per Article 356.
Being the Chancellor of the state, the governor can appoint or remove the Vice Chancellors of universities in the state except those of the central universities.
Other Powers: Apart from above powers, the Governor holds many other powers.
While the Governor has not been given discretionary powers by the Constitution and he is expected
to work as the constitutional head, still many situations arise when he needs to use his discretionary
powers. Such situations can be as follows:
- Selection of the Chief Minister under special situation.
- Removing the Chief Minister
- Calling the session or ending the session of Legislative Assembly.
- Dissolving the Legislative Assembly.
- Seeking information from Chief Minister.
- Sending report to the President regarding constitutional situation in the state.
- Sending any bill (passed by the state legislature) for approval from the President.
- Returning a bill (passed by the legislature) for review.
- Requesting the President for directives before issuing an ordinance.
Actual Executive: Cabinet
Formation of State Cabinet
Appointment of Chief Minister: Article 164 says that the Governor will appoint the Chief Minister and will appoint the ministers on advice of the Chief Minister. The accepted precedence on this matter is to appoint the leader of the majority party in the legislative assembly as the Chief Minister.
Selection of Ministers: The Chief Minister selects other ministers and he sends a list of their names and departments to the Governor. Formation of Cabinet is the privilege of the Chief Minister.
Eligibility for Ministers: It is necessary that a minister is a member of any house of the state legislature. If someone is not a member of the legislature at the time of appointment as minister then he needs to become a member of the legislature within 6 months.
Allocation of Portfolios to Ministers: The Governor allocates portfolios to ministers on advice of the Chief Minister.
Oath of Office for Ministers: A minister has to take two oaths before assuming office, i.e. of duty and of secrecy.
Categories of Ministers: The state cabinet too has three categories of ministers: (a) Cabinet Minister or Member of Cabinet, (b) State Minister and (c) Deputy Minister.
Tenure of Cabinet: The tenure of the cabinet depends on confidence of legislative assembly. Generally, the tenure of a cabinet is of 5 years which is same as the tenure of legislative assembly.
Collective Responsibility: The Cabinet is collectively answerable to the legislative assembly,
Salary and Allowances: According to Article 164 (5) of the Constitution, the state legislature has the right to decide on salary and allowances of ministers.
Powers and Functions of the Council of Ministers
- Policy making on governance
- Suggestion to the Governor for appointments at higher posts
- Representing the government in legislature
- To decide on legislation
- Preparation of Budget
Chief Minister is the actual head of state executive. Thus, he enjoys the same status in administrative system of the state as the Prime Minister does at Centre.
Appointment of Chief Minister: Article 164 of the Constitution says that the Governor will appoint the Chief Minister. In practice, the governor appoints the leader of the majority party in legislative assembly as Chief Minister.
Powers and Functions of Chief Minister
- Formation of Cabinet
- Allocation and change of portfolios of Ministers
- Operation of the Cabinet
- Coordination among different departments
- Establishing Connection between the Cabinet and Governor
- Leader of Legislative Assembly
A High Court is the topmost judiciary body in a state. Article 214 says that each state shall have a High Court. In some cases, a High Court is shared by two or more states.
Composition of High Court: Article 216 says that each High Court comprises a Chief Justice and judges who will be appointed by the President as and when required.
Appointment of Judges: The President appoints the Chief Justice of a High Court on advice of Chief Justice of the Supreme Court and the Governor of the related state. He appoints other judges on advice from the Chief Justices of the Supreme Court & High Court and Governor.
Eligibility for Judges: Article 217 (2) says following eligibility criteria forjudges:
- The person should be a citizen of India.
- The person should have worked on a judiciary post in that state for at least 10 years.
- The person should have worked as advocate for at least 10 years in the High Court or in two or more courts in the state.
Tenure: Article 217 (1) says following rules about tenure of judges:
- A judge will continue in office till 62 years of age.
- A judge can submit his resignation to the President of India.
- A judge can be removed by the President by passing the proposal by two-thirds majority of both houses of Parliament.
Administration of Oath: According to Article 219, the judge of a High Court will take oath of office in front of the Governor of that state or in front of a person who is appointed by the Governor for that purpose.
Transfer of Judges: Article 222 says that the President can transfer a High Court judge on the advice of the Chief Justice of the Supreme Court.
Salaries of Judges: Article 221 says that salary of judges shall be fixed by the Parliament. At present, the Chief Justice gets rupees 90,000 per month and judges get Rs. 80,000 per month.
Independence of High Court: Following provisions have been made to ensure independence of High Court:
- Special procedure for appointments
- Fixed tenure
- Parliament cannot discuss conduct of judges except impeachment.
- After retiring a judge cannot practice as lawyer in those courts where he had served as judge.
- Separate from executive
Power and Functions of High Court: Following are the powers and functions of High Court: Original Jurisdiction: This jurisdiction primarily means hearing of cases by the High Court. The cases can be from the following aspects:
- Dispute regarding election of members of Parliament or of state legislature.
- Dispute regarding revenue collection.
- Cases related to admirality, probate, marriage, company law, divorce, etc.
Writ Jurisdiction: Article 226 says that High Court can issue habeas corpus, writ, embargo, quo warranto and certiorari. While the Supreme Court can only issue writ for fundamental rights, the High Court can issue writs for fundamental rights as well as for other rights.
Appellate Jurisdiction: The appellate jurisdiction of High Court can be of three categories:
- Civil: An appeal can be filed in the High Court against district courts in cases of income tax, patent, design, inheritance, etc.
- Criminal: If a criminal has been given the sentence of four or more years or death sentence by a session court, he can appeal in the High Court.
- Constitutional: If interpretation of Constitution is involved then the case can be appealed in the High Court.
Court of Records: Article 215 says that each High Court is a court of record, and High Court has to issue punishment against Contempt of Court. Judgments of High Court shall be preserved as record and will serve as law for subordinate courts.
Administrative Powers: Following are the administrative jurisdiction of High Court:
- High Court can demand letters/decisions from any subordinate court and investigate them.
- High Court has to ensure that a subordinate court is doing its duty as per the protocol and is not transgressing its power.
- It can transfer any case from one court to another for hearing and decision.
Judicial Review: High Court can declare a work by state legislature and executive as void. In fact, state government is composed of legislature, executive and judiciary of that state