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Union Parliament and State Legislatures.

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Parliament is the central institution through which the will of the people is expressed, laws are passed and government is held to account. It plays a vital role in a democracy, and endeavours to be truly representative, transparent, accessible, accountable and effective in its many functions. The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper House and represents the States of India while the Lok Sabha is lower House.

Lok Sabha and Rajya Sabha: 0rganisation and Functions;

The Council of States (Rajya Sabha) is the Upper House of our Parliament. It consists of not more than 250 members, out of which, 238 members represent the States and Union territories and 12 members are nominated by the President from amongst the persons having special knowledge and practical experience in respect of such matters as literature, science, art and social service. At present, the actual strength of Rajya Sabha is 245. A permanent body, Rajya Sabha is not subject to dissolution. However, one-third of its members retire biennially. A member who is elected for a full term retains his membership for six years. He is eligible for re-election. A Member elected/ nominated to a casual vacancy serves for the remainder term only. Members of Rajya Sabha are elected by the elected members of the State Legislative Assemblies in accordance with the system of proportional representation by means of single transferable vote.

Lok Sabha is composed of representative of the people chosen by direct election on the basis of adult suffrage.  The maximum strength of the House envisaged by the Constitution is 552, upto 530 members to represent the States, up to 20 members to represent the Union Territories and not more than two members of the Anglo-Indian Community to be nominated by the President, if,  in his opinion, that community is not adequately represented in the House.  The total elective membership is distributed among the States in such a way that the ratio between the number of seats allotted to each State and the population of the State is, so far as practicable, the same for all States.

The cardinal functions of the Parliament is to oversee the administration, passing of budget, ventilation of public grievances, and discussing various subjects like development plans, international relations, and national policies. The Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere, exclusively reserved for the states.

The Parliament is also vested with powers to impeach the President, remove judges of Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in accordance with the procedure laid down in the Constitution. All legislation requires the consent of both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. The Parliament is also vested with the power to initiate amendments in the Constitution.

Articles 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.In most of the States, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these State have unicameral Legislature. In a Six States( Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.), there are two Houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor.Where there are two Houses, the Legislature, is known as bicameral.Five States have the bicameral, legislature. The Legislative Assembly is known as lower House or popular House. The Legislative Council is known as upper House.

There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of State. The members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise. They are directly elected by all adult citizens registered as voters in the State. All men and women who are 18 years of age and above are eligible to be included in the voters’ List.

There are certain qualifications prescribed by the Constitution for being elected as an M. L. A. The candidate must:

  • be a citizen of India;
  • have attained the age of 25 years;
  • have his/her name in the voters’ list;
  • not hold any office of profit; and
  • not be a government servant.

Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.

The Legislative council or Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of single transferable vote system. Different categories of members represent different interests. The composition of the Legislative Council is as follows:

i. One-third members of the Council are elected by the members of the Vidhan Sabha.
ii. One-third of the members of the Vidhan Parishad are elected by the electorates consisting of members of Municipalities, District Boards and other local bodies in the State;
iii. One-twelfth members are elected by the electorate consisting of graduates in the State with a standing of three years;
iv. One-twelfth members are elected by the electorate consisting of teachers of educatioal institutions within the State not lower in standard than a secondary school who have teaching experience of at least three years;
v. The remaining, i.e. about one-sixth members are nominated by the Governor from amongst the persons having special knowledge in the sphere of literature, science, arts, co-operative movement and social service.

The State Legislature is empowered to make laws on State List and Concurrent List. The Parliament and the Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent List. But in case of contradiction between the Union and State law on the subject the law made by the Parliament shall prevail.

State legislature has exclusive powers over subjects enumerated in List II of the Seventh Schedule of the Constitution and concurrent powers over those enumerated in List III. Financial powers of legislature include authorisation of all expenditure, taxation and borrowing by the state government. Legislative assembly alone has power to originate money bills. Legislative council can make only recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from Assembly. Assembly can accept or reject these recommendations.

State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments and no-confidence motions and resolutions to keep a watch over day-to-day work of the executive. They also have their committees on estimates and public accounts to ensure that grants sanctioned by legislature are properly utilised.

Queen Victoria Proclamation

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On November 1, 1858, a grand Darbar was held at Allahabad. Here Lord Canning sent forth the royal proclamation which announced that the queen had assumed the government of India. This proclamation declared the future policy of the British Rule in India.

The Queen’s Proclamation of 1858 assured the Indian Princes that their territories will not be annexed by the British Governments and they shall be given the right to adoption. A Durbar was held by Lord Canning at Allahabad on 1st November, 1858 to declare the assumption of the Government of India by the Crown. On that occasion Lord Canning also had read out the Queen’s proclamation to the princes and people of India.

The British Government ordered its servants in India not to interfere in the religious affairs of the Indians. In framing and administering law in India, due regard was to be shown to the customs, ancient rites and usages of the Indians. Indian subjects of Her Majesty were declared equal with the British subjects in other parts of the Empire. Equal rights and opportunities were guaranteed to the Indians along with other British subjects. Pardon and amnesty were offered to all those Indians who were still in arms against the British Government and who were not guilty of murder of British subjects. The treaties of the English East India Company were declared to be in force. The proclamation contained the following declaration about the Indians: “In their prosperity will be our strength, in their contentment our security and in their gratitude our best reward”.

The proclamation of 1858 was a great landmark in the Constitutional History of India. This declaration of policy remained the basis of Indian Administration up to 1917 when a new declaration was made by the British Government with regard to India. The declaration tried to remove the fears of Indian princes by guaranteeing to them their position. It also gave an assurance to the Indians that the Englishmen will not interfere in their religious affairs.

 

REGULATORY GOVERNANCE      

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Regulation refers to “controlling human or societal behaviour by rules or regulations or alternatively a rule or order issued by an executive authority or regulatory agency of a government and having the force of law”. Regulation covers all activities of private or public behaviour that may be detrimental to societal or governmental interest but its scope varies across countries. It can be operationally defined as “taxes and subsidies of all sorts as well as explicit legislative and administrative controls over rates, entry, and other facets of economic activity”.

 

Definition –

 Regulatory Governance can be defined as the furthering of public goals by setting, monitoring, and enforcement of regulations directed at influencing behavior and that involves private parties.

 

There are some ambiguity in these two terms as perceived by many people.

Some more or less conceive of ‘regulation’ and ‘governance’ as synonyms. In this sense, regulation and governance both refer to operations aimed at influencing public goals. Others argue that regulation is only a subset of activities that is encompassed with the overarching term governance. They distinguish regulation from the granting, allocating and distributing of scarce resources. While regulation only indirectly shapes the distribution of scares resources in society by setting, monitoring and enforcing norms and standards, other policies are about the direct distribution or redistribution of scarce resources.In this sense, governance refers to both direct and indirect attempts to achieve public goals by way of ‘providing, distributing, and regulating’.

All contributions deal with setting, monitoring and enforcing norms and standards. Hence, It can be limited the analysis to governancy by regulation and leave out of consideration the subcategory of governance that concerns the direct distribution or redistribution of scarce resources.

 

The second difference in meanings attributed to governance pertains to the relationship between governance and government. Some distinguish governance from contents and actors. Conceived of as such governance concerns modes of social coordination to provide collective goods by regulation regardless of which actors undertake these attempts. According to this definition, governance can also include hierarchical steering by state actors only. Others define governance in terms of the involvement of private parties with the realization of public goals, or ‘beyond government’. Conceived of as such, governance is distinguished from social steering by state agents only, or ‘governance by government’.

 

Important Regulatory Bodies in India

 

  1. RBI – Reserve Bank of India

Sector: Banking & Finance, Monetary Policy

  1. SEBI – Securities and Exchange Board of India

Sector: Securities (Stock) & Capital Market

  1. IRDAI – Insurance Regulatory and Development Authority

Sector: Insurance

  1. PFRDA – Pension Fund Regulatory & Development Authority

Sector: Pension

  1. NABARD – National Bank for Agriculture and Rural Development

Sector: Financing Rural Development

  1. SIDBI – Small Industries Development Bank of India

Sector: Financing Micro, Small and Medium-Scale Enterprises

 

Example – Regulatory Governance in Education  à

 

Other Contemporary States

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  Bihar   After Saadat Khan, *Safdarjung* became the king  who was an impartial ruler &
        carried out many reforms & was made the wazir of mughal empire. Shuja-ud-Daula
        succeded him to throne. He was also made the wazir of mughal empire but he sided
        with Ahmad Shah Abdali in the Third Battle of Panipat.
  Bengal   Murshid Quli Khan was an able ruler. Later his son in law Shuja-ud-din & his son
        Sarfaraz came in that order. Sarfaraz was defeated by Alivardi Khan of Bihar. Later
        Alivardi Khan was defeated by Raghuji Bhonsle & forced him to surrender Orissa.
        After the death of Alivardi khan his grandson Siraj-ud-daula tool over who lost to
        Britishers under Lord Clive.
  Hyderabad   Nizam-ul-mulk Asaf Jah founded the state of Hyderabad in 1724.
  Mysore &   Since the downfall of the Vijaynagar empire Wodeyar dynasty was ruling. But in
  Haider Ali   the 18th century two minister Nanjaraj & Devaraj usurped power early reducing the
        King Krishna Raj to a puppet. Haider Ali rose to become the Commander-in-Chief
        of the Mysore army & became the sultan after Nanjraj’s death. He was defeated by
        Peshwa Madhav Rao.
  Tipu Sultan   He defeated the combined forces of Marathas & Nizam in 1787 & soon after
        claimed himself Padshah at Seringapattam. He attempted to reduce the custom of
        jagirs& hereditary possession of poligars (small chieftans). He was a staunch
        muslim. He donated money to hindus but later got the temples abolished.
  Travancore   Martanda Verma  
  Rajput States   Marwar (Ajit Singh), Amer (Sawai Jai Singh)
  Rohilkhand   Area between Agra & Awadh. Muhammad Khan Bangash ruled who was defeated
        by Maharana Chhatrasal of Bundelkhand with the help of Marathas.
  Sikhs   Ruler of one of the 12 Misls called Sukarchakiya. He with the help of his brave
        commander Hari Singh Nalwa won Multan, Kashmir & Peshawar.

Climate Change

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  • It is the long term change in the statistical distribution of weather patterns over periods of time
  • Though it has been happening naturally for millions of years, in recent years it has accelerated due to anthropogenic causes and has been causing global warming.
  • UNFCCC defines climate change as – “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”

Partition of Bengal and The Swadeshi Movement

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Partition of Bengal

 

  • With the partition of Bengal, Indian National Movement entered its second stage
  • On 20 July, 1905, Lord Curzon issued an order dividing the province of Bengal into two parts: Eastern Bengal and Assam with a population of 31 mn and the rest of Bengal with a population of 54 mn.
  • Reason given: the existing province of Bengal was too big to be efficiently administered by a single provincial government
  • The partition expected to weaken the nerve centre of Indian Nationalism, Bengal.
  • The partition of the state intended to curb Bengali influence by not only placing Bengalis under two administrations but by reducing them to a minority in Bengal itself as in the new proposed Bengal proper was to have seventeen million Bengali and thirty seven million Oriya and Hindi speaking people.
  • The partition was also meant to foster division on the basis of religion.
  • Risley, Home Secretary to the GoI, said on December 6, 1904 – ‘one of our main objects is to split up and thereby weaken a solid body of opponents to our rule.’
  • the nationalists saw it as a deliberate attempt to divide the Bengalis territorially and on religious grounds

 

The Swadeshi Movement

  • The Swadeshi movement had its genesis in the anti-partition movement which was started to oppose the British decision to partition Bengal.
  • Mass protests were organized in opposition to the proposed partition.
  • Despite the protests, the decision to partition Bengal was announced on July 19, 1905
  • It became obvious to the nationalists that their moderate methods were not working and that a different kind of strategy was needed.
  • Several meetings were held in towns such as Dinajpur Pabna, Faridpur etc. It was in these meetings that the pledge to boycott foreign goods was first taken.
  • The formal proclamation of the Swadeshi movement was made on 7 August 1905 in a meeting held in the Calcutta town hall. The famous boycott resolution was passed.
  • The leaders like SN Banerjee toured the country urging the boycott of Manchester cloth and Liverpool salt.
  • The value of British cloth sold in some of the districts fell by five to fifteen times between September 1904 and September 1905.
  • The day the partition took effect – 16 October 1905 – was declared a day of mourning throughout Bengal.
  • The movement soon spread to the entire country.
  • Militant nationalists
    • The extremists were in favor of extending the movement to the rest of India and carrying it beyond the programme of just Swadeshi and boycott to a full fledged political mass struggle. The moderates were not as willing to go that far.
    • The differences between the extremists and moderates came to had in 1907 Surat session where the party split with serious consequences for the Swadeshi Movement.
    • In Bengal, the extremists acquired a dominant influence over the Swadeshi movement.
    • They proposed the technique of extended boycott which included, apart from boycott of foreign goods, boycott of government schools and colleges, courts, titles and government services and even the organization of strikes.
    • Aurobindo Ghose: Political freedom is the lifebreath of a nation.
    • Boycott and public burning foreign cloth, picketing of shops selling foreign goods, became common in remote corners of Bengal as well as in many towns across the country.
    • The militant nationslists, however, failed to give a positive leadership to the people. They also failed to reach the real masses of the country, the peasants.
  • The movement also innovated with considerable success different forms of mass mobilization such as public meetings, processions and corps of volunteers.
  • The Swadesh Bandhab Samiti set up by Ashwini Kumar Dutt, a school teacher, in Barisal was the most well known volunteer organization.
  • During the Swadeshi period, traditional festivals were used to reach out to the masses. The Ganapati and Shivaji festivals were popularized by Tilak. Traditional folk theatres such as jatras were also used.
  • Another important aspect was the great emphasis given to self-reliance or Atmasakti as a necessary part of the struggle against the government.
  • Self-reliance was the keyword. Campaigns for social reforms were carried out.
  • In 1906, the National Council for Education was setup to organize the education system.
  • Self-reliance also meant an effort to set up Swadeshi or indigenous enterprises.
  • Marked impact in the cultural sphere
    • The songs composed by Rabindranath Tago, Mukunda Das and others became the moving spirit for nationalists.
    • Rabindranath’s ‘Amar Sonar Bangla’, written at that time, was to later inspire the liberation struggle of Bangladesh and was adopted as the national anthem of the country in 1971.
    • Nandalal Bose, who left a major imprint on Indian art, was the first recipient of a scholarship offered by the Indian Society of Oriental Art founded in 1907.
  • The social base of the national movement was now extened to include certain zamindari section, lower middle class and school and college students. Women also participated in large numbers.
  • Drawback: Was not able to garner the support of the mass of Muslims, especially the muslim peasantry. The British policy of communalism responsible for this.
  • By mid-1908, the movement was almost over. The main reasons were:
    • The government, seeing the revolutionary potential of the movement, came down with a heavy hand.
    • The split of the congress in 1907 had weakened the movement.
    • The movement lacked an effective organization and party structure.
    • The movement decline dpartially because of the logic of the mass movements itself – they cannot be endlessly sustained at the same pitch of militancy and self-sacrifice.
  • The anti-partition movement, however, marked a great revolutionary leap forward for Indian nationalism.
  • The decline of Swadeshi engendered the rise of revolutionary terrorism.
  • Assessing the movement
    • Cultural impact
    • Social Impact
    • Economic impact
    • Role of students and Women
    • All India aspect of the movement
    • From passive protest to active boycott

 

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August Offer (1940)

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After the WWII began, British sought cooperation from India. August Offer offered three proposals. Firstly, it called for an immediate expansion of Viceroy’s Executive Council with the inclusion of India representatives; secondly, an advisory body with the members from British India and Indian princely states which were supposed to meet at consequent intervals was established and thirdly, two practical steps were decided to be taken in which it was to come at an agreement with the Indians on the form of the post representatives body should take and the methods by which it should come to a conclusion. It further  planned to draw out the principles and outlines of the Constitution itself.

Congress did not accept the offer.

 

E Governance

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The “e” in e-Governance stands for ‘electronic’. Thus, e-Governance is basically associated with carrying out the functions and achieving the results of governance through the utilization of ICT (Information and Communications Technology), So it is the application of information and communication technology (ICT) for delivering government services, exchange of information, communication transactions, integration of various stand-alone systems and services between government-to-customer (G2C), government-to-business (G2B), government-to-government (G2G) as well as back office processes and interactions within the entire government framework.[1] Through e-governance, government services will be made available to citizens in a convenient, efficient and transparent manner. The three main target groups that can be distinguished in governance concepts are government, citizens and businesses/interest groups.

 

Types of Government Interaction in e-governance.

  • G2G: Government to Government 

  • G2C:Government to Citizen 

  • G2B: Government to Business

  • G2E:Government to Employee

 

  1. G2G (Government to Government): When the exchange of information and services is within the periphery of the government, is termed as G2G interaction. This can be both horizontal, i.e. among various government entities and vertical, i.e. between national, state and local government entities and within different levels of the entity.

 

  1. G2C (Government to Citizen): The interaction amidst the government and general public is G2C interaction. Here an interface is set up between government and citizens, which enables citizens to get access to wide variety of public services. The citizens has the freedom to share their views and grievances on government policies anytime, anywhere.

 

  1. G2B (Government to Business): In this case, the e-governance helps the business class to interact with the government seamlessly. It aims at eliminating red-tapism, saving time, cost and establish transparency in the business environment, while interacting with government.

 

  1. G2E (Government to Employees): The government of any country is the biggest employer and so it also deals with employees on a regular basis, as other employers do. ICT helps in making the interaction between government and employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits.

E-governance can only be possible if the government is ready for it. It is not a one day task, and so the government has to make plans and implement them before switching to it. Some of the measures include Investment in telecommunication infrastructure, budget resources, ensure security, monitor assessment, internet connectivity speed, promote awareness among public regarding the importance, support from all government departments and so forth.

Benefits of E-governance

  • Reduced corruption
  • High transparency
  • Increased convenience
  • Growth in GDP
  • Direct participation of constituents
  • Reduction in overall cost.
  • Expanded reach of government

Through e-governance, the government plans to raise the coverage and quality of information and services provided to the general public, by the use of ICT in an easy, economical and effective manner. The process is extremely complicated which requires, the proper arrangement of hardware, software, networking and indeed re-engineering of all the processes to facilitate better delivery of services.

E Governance in India

e-Governance in India has transformed to promote inclusive growth that covers electronic services, products, devices and job opportunities. An initiative driving this growth is the Digital India. The Digital India programme is a flagship programme of the Government of India with a vision to transform India into a digitally empowered society and knowledge economy.

National E-governance Plan
The National e-Governance Plan (NeGP) has been formulated by the Department of Electronics and Information Technology (DEITY) and Department of Administrative Reforms and Public Grievances (DARPG) in 2006.
The NeGP aims at improving delivery of Government services to citizens and businesses with the following vision: “Make all Government services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency & reliability of such services at affordable costs to realise the basic needs of the common man.”

 

Recent initiatives and Mission mode Projects

§  UID

The unique identification project was conceived as an initiative that would provide identification for each resident across the country and would be used primarily as the basis for efficient delivery of welfare services. It would also act as a tool for effective monitoring of various programs and schemes of the government.

 

  • e-Governance in Municipalities

It is a unique initiative of the Government of India conceptualized under the umbrella of the overall National e-Governance Plan (NeGP) and the Jawaharlal Nehru National Urban Renewal Mission (Jnnurm) aimed at improving operational efficiencies within Urban Local Bodies (ULBs).

 

§  Crime and Criminal Tracking Network & Systems

Crime and Criminal Tracking Network & Systems (CCTNS) MMP aims at creating a comprehensive and integrated system for enhancing the efficiency and effective policing at all levels and especially at the Police Station level through adoption of principles of e-Governance, and creation of a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system.

 

§  Public Distribution System

Computerization of the PDS is envisaged as an end-to-end project covering key functional areas such as supply chain management including allocation and utilization reporting, storage and movement of food grains, grievance redressal and transparency portal, digitization of beneficiary database, Fair Price Shop automation, etc.

 

§  Health

ICT for programme management has been undertaken by the Ministry of Health & Family Welfare in the Mother and Child Tracking System (MCTS) programme and the Ministry envisages a more comprehensive use of ICT including for Hospital Information Systems, supply chain management for drugs and vaccines, providing ICT tools to ASHA and ANM workers.

 

§  e-procurement

Ministry of Commerce & Industry (Department of Commerce) has been nominated as the Nodal Ministry for implementation of e-Government Procurement (e-GP) Mission Mode Projects (MMP).

 

§  e-Courts

The e-Court Mission Mode Project was conceptualized with a vision to transform the Indian judiciary by making use of technology. The project had been developed, following the report submitted by the e-Committee under Supreme Court on national policy & action plan on implementation of information communication tools in Indian judiciary.

 

§  e-Biz

The e-Biz Mission Mode Project, being executed by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India, was conceptualized with the vision

 

  • Direct Cash transfer

To facilitate disbursements of Government entitlements like NREGA, Social Security pension, Handicapped Old Age Pension etc. of any Central or State Government bodies, using Aadhaar and authentication thereof as supported by UIDAI.

 

  • M Governance

M-Governance is not a replacement for e-Governance, rather it complements e- Governance. M-Governance, is the use of mobile or wireless to improve Governance service and information “anytime, anywhere”.

  • Mobile Seva

It aims to provide government services to the people through mobile phones and tablets. It has been developed as the core infrastructure for enabling the availability of public services through mobile devices.

 

 

State Executive:-Governor,Chief Minister and the Council of Ministers

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The Governor is the head of the state executive. He is also the representative of the Centre in  the  state.  The Governor acts as the nominal head whereas the real power lies in the hand of the  Chief Ministers of the states and the Chief Minister’s Council of Ministers.

Article 153 of the Constitution states that there shall be a Governor for each State.  One person can be appointed as Governor for two or more States. Article 154 vests the executive power of the State in the Governor.  Article 155 says that “The Governor of a State shall be appointed by the President by warrant under his hand and seal”.  Article 156 provides that “The Governor shall hold office during the pleasure of the President”.  The term of the Governor is prescribed as five years.   The only qualifications for appointment as Governor are that he should be a citizen of India and must have completed the age of thirty-five years.

The powers of the Governor can be categorized as

(i) Executive powers:-Governor is the head of the State executive and The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.Governor appoints the Chief Minister of the State. Other ministers are also appointed by the Governor on the advice of the Chief Minister. The ministers including the Chief Minister hold office during the pleasure of the Governor.

(ii) Legislative powers:- Governor  has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature. The Governor inaugurates the state legislature and the first session of each year, by addressing the Assembly, outlining the new administrative policies of the ruling government.The Governor lays before the State Legislature, the annual financial statement and also makes demands for grants and recommendation of ‘Money Bills’.The Governor constitutes the State Finance Commission. He also holds the power to make advances out of the Contingency Fund of the State in the case of any unforeseen circumstances.All bills passed by the Legislative Assembly become a law, only after the Governor approves them. In case it is not a money bill, the Governor holds the right to send it back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the Bill to the Governor the second time, then he has to sign it.The  Governor  has  the  power  to  reserve  certain  bills  for  the President. The Governor has the power to promulgate an ordinance when the Legislative Assembly is not in session, and a law has to be brought into effect immediately. However, the ordinance is presented in the state legislature in the next session, and remains operative for a total of six weeks, unless it is approved by the legislature.

 

(iii) Financial powers:-Money bills in the State legislature cannot be introduced without prior recommendation of the Governor.  Governor ensures that the Budget of the state is laid before the assembly every year. The “Contingency Fund of the state” is maintained and administered by the Governor of the state. Governor can advance money out of it for meeting unforeseen expenditures, but the money has to be recuperated with the authority of the state legislature. The Governor of the state receives the report of the States auditor general pertaining to the accounts of the legislature and puts it before the state legislature.

(iv) Judicial powers:-Under Article.161, Governor has the power to grant pardon, reprieve or remission of punishment or to  suspend,  remit or  commute  the  sentences  of  any  person,  convicted  of  any  offence against any law relating to the matter which the executive authority of the state extends.

(v) discretionary powers:-When no party gets a majority in the Legislative Assembly, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party as Chief Minister.

Constitution of Indian under article 163 states that  There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.Chief Minister is the head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level. The Council of Ministers has the following categories of ministers: Cabinet Ministers, Minister of State and Deputy Ministers.

The Chief Minister is the link between the Governor and the council of ministers. He is required to communicate to the Governor the workings of the various wings of the government. Similarly, the advice and suggestions of the Governor are communicated to the council of ministers by the Chief Minister. The Chief Minister has a pivotal role in the financial matters of a state, including the budget, basic infrastructural and developmental priorities of the state, financial planning and economic growth of the state and others.

Functions and powers of Council of Ministers:-

(1) Formulation State Policies. The Council of Ministers has the responsibility of formulating and determining the policies of the state. All the policies are discussed and decided upon by it.
(2) Running Administration. The ministers are responsible for the running the administration of the State in accordance with the policies of the government and the laws passed by the legislature.
(3) Appointment – making powers. The Cabinet, in fact the Chief Minister, makes all appointments in the state. All the appointments of the high dignitaries of the state made by the Governor on the advice of the State Council of Ministers.
(4) Law Making. It is the ministry which really decides the legislative programme. Most of the bills are introduced by the ministers in the state legislature. The Governor summons, prorogues and dissolve the State Legislature upon the advice of the Council of Ministers.

Functions of The Chief Minister:-

  • Chief Minister is the real head of the State Government. Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor allocates portfolios to the ministers on the advice of the Chief Minister.
  • Chief Minister presides over the Cabinet meetings. He/she coordinates the functioning of different ministries. He/she guides the functioning of the Cabinet.
  • Chief Minister plays a key role in framing the laws and policies of the State Government. Bills are introduced by the ministers in the State legislature with his/her approval. He/she is the chief spokesman of the policies of his government both inside and outside the State Legislature.
  • The Constitution provides that the Chief Minister shall communicate to the Governor all decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.
  • The Chief Minister 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, the Chief Minister submits for 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 Cabinet.
  • The Chief Minister is the sole link of communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.