The State Government

THE STATE GOVERNMENT

Q1. What is a federation?

Ans.: The distribution of powers between the centre and the state is called a federation. This is generally done so that the maximum power is not vested with the central government or with the state government. The distribution of power is basically to ensure that the power is not with any central authority and that if it is vested with any central authority then it can lead to a dictatorship type of government.

Q2. What are the main features of the Indian federation?

Ans.: The Indian Federation has divided the powers between the centre and the state. The authority or the power is not with either the centre or the states. Each have their own area of authority to frame laws and to work towards development. The Centre has the Union and the Concurrent list and the States have the state list. But both the Centre and the State can frame laws on the topics in the Concurrent list but if there is a conflict then the decision of the Centre will prevail. The States have their own democratic governments but the Union Territories are supervised by the centre. The States have been divided on the basis of language and that is the reason the States of India are called Linguistic States.

Q3. How is the legislative power distributed between the Centre and the States?

Ans. The States have a government which has the same structure as the Centre with a Governor, a Chief Minister and his Council of Ministers and a Chief Justice at the High Court. The State Government is partly autonomous meaning though it has freedom to frame laws, it cannot be unconstitutional. Our Constitution divides the powers of the Government into three lists – one reserved for the Centre, another exclusively for the States and third on which both the Central and the State Governments can legislate. But the Constitution has laid the guidelines that if there is any conflict between the State and the Central Laws on matters of the Concurrent list, the Centre’s law will be effective. The State Government handles matters on the State List and the Concurrent List.

Q4. What is the relation between the Council of Ministers and the Governor?

Ans. Just like the Centre, the State too has a Governor and the Council of Ministers who aid and advise him. In reality he appoints the leader of the majority party in the State Legislature as the Chief Minister and appoints other Ministers on his advice. Like the President, his powers too are formal. He goes through the process of appointment of Advocate General of the State and Members of the State Public Service Commission. He issues ordinances when the legislature is not in session. Bills cannot become law without his approval but his disapproval can be overridden by the State Legislature.




Q5. What are the Governor’s powers? Does he have any powers he can use at his discretion?

Ans. The Governor is the extension of the President and is the President’s representative in the State he has certain Legislative, Executive and certain powers at his discretion which he can use at his own will but under the purview of the Constitution of India.

His Executive powers include appointing the leader of the majority party as the Chief Minister of the State, Advocate General of the State and suggesting to the President the likely candidates for judge of the High Court.

The Legislative powers include signing on the Bills that without his signature cannot become law. He addresses the joint session of the State Legislature. He can dissolve the State Legislature if the ruling party looses its majority. He can issue ordinances when the State Legislature is not in session. He can grant pardons and reprieve.

He has some powers which he can use at his discretion like appointing of Chief Ministers and if the State Machinery has failed, he can report to the President for the implementation of President’s Rule.

Q6. How is the money bill passed in the State Legislature?

Ans.: In a bicameral State Legislature, a money bill can be introduced in the Legislative Assembly alone. Once the assembly has passed the Money bill, the Council has to send its recommendation on the Bill within 14 days. The Assembly may accept or reject these recommendations. The Governor has an important power regarding bills. Bills after they are passed by the Legislature must come to him to assent. And he can send the bill for consideration to the President of India.

Q7. What are the Powers of the High Court?

Ans. The High Courts have the power of superintendence over all Subordinate Courts in its territory. District Judges are appointed by the Governor inconsultation with the High Court. It is also the Governor’s responsibility to appoint persons to other posts in the judicial service of the State. However he does it according to rules made inconsultation with the State Public Service Commission and the High Court. The High Court controls the subordinate courts. The questions of posting, promotion, leave of officials in subordinate courts are decided by it. The 42nd Amendment of 1976 has added a new institution to the judiciary. The Parliament can set up administrative tribunals for cases regarding Civil Servants.

Q8. What is the effect of emergency on the federal system in India?

Ans: The State of emergency is imposed when the constitutional machinery breaks down. To maintain security in the region, the President’s rule is imposed. In any State, in the federal form of Government, if the State machinery has broken down, the Governor reports to the President and President’s rule is imposed in the State. The Legislature is dissolved and the day to day working of the State is looked after by the Governor. The elections to elect the new State Government is held within 6 months.

Q9. When can the Governor use his discretionary powers?

Ans. The Governor has some powers which he can use on his own. These are called the Powers of Discretion. At times, he can use discretion in appointing Chief Minister, for instance, when no oneparty gets the clear majority in the Assembly. Second, the Governor is to act as a link between the Centre and the State Government. If he thinks that the Government of the State is not running according to the Constitution, he can report it to the President. The President can impose President’s rule in the State.