Political Science Notes Part 20: State Legislature, Chief Minister, and High Court for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 44: State Legislature — Composition, Powers, Functioning

Introduction

The State Legislature makes laws on State List and Concurrent List subjects for each Indian state (except some Union Territories). States have either:

• Unicameral Legislature: Only Legislative Assembly (Vidhan Sabha).
• Bicameral Legislature: Legislative Assembly + Legislative Council (Vidhan Parishad).

Constitutional Provisions

• Articles 168–212: Govern composition, powers, and procedures of State Legislatures.

Composition

1. Legislative Assembly (Vidhan Sabha):
   • Nature: Lower/Popular House.
   • Members: Directly elected MLAs.
   • Strength: 60–500 members (exceptions: Goa, Sikkim, Mizoram).
   • Tenure: 5 years (dissolvable earlier by Governor).
   • Presiding Officer: Speaker (elected by members).
2. Legislative Council (Vidhan Parishad):
   • Exists in 6 states (2024): Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana.
   • Nature: Upper House.
   • Members: Indirectly elected/nominated MLCs.
   • Strength: 1/3rd of Assembly, minimum 40.
   • Tenure: Permanent; 1/3rd members retire every 2 years.
   • Presiding Officer: Chairman.

Creation/Abolition of Legislative Council

• Article 169:
  • Parliament creates/abolishes Council by simple majority if State Assembly passes a resolution with special majority (majority of total membership + 2/3rd present and voting).

Membership Qualifications

• Legislative Assembly: Indian citizen, 25+ years, registered voter in state.
• Legislative Council: Indian citizen, 30+ years, registered voter in state.
• Disqualifications (Article 191, Representation of People Act, 1951):
  • Office of profit, unsound mind, insolvency, foreign citizenship.

Powers and Functions

1. Legislative Powers:
   • Laws on State List (e.g., police, agriculture) and Concurrent List (e.g., education).
   • Parliament can legislate on State subjects during National Emergency.
2. Financial Powers:
   • Money Bills: Originate in Assembly; Council can delay for 14 days, cannot reject/amend.
   • Assembly controls state budget.
3. Executive Control:
   • Government accountable to Assembly.
   • Assembly can:
     • Ask questions.
     • Pass motions (e.g., No-Confidence Motion).
     • Discuss policies, approve grants.
4. Electoral Functions:
   • Assembly members participate in:
     • President’s election (Electoral College).
     • Rajya Sabha elections.
5. Constitutional Functions:
   • Approve constitutional amendments requiring state ratification.
   • Approve state reorganization.

Legislative Procedure

• Ordinary Bills:
  • Introduced in either House.
  • Passed by both (if bicameral).
  • Assembly overrides Council if rejected/delayed.
  • Sent to Governor for assent.
• Money Bills:
  • Introduced only in Assembly.
  • Council makes recommendations (14 days).
  • Assembly accepts/rejects recommendations.
  • Governor cannot withhold assent.

Governor’s Role

• Summons, prorogues, dissolves Assembly.
• Sends messages to Legislature.
• Assents to bills or reserves for President (Article 200).
• Issues ordinances during recess (Article 344).

Comparison: Assembly vs. Council

Current Status (2024)

• Bicameral: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana.
• Unicameral: All other states.

Special Powers

• Request Parliament to legislate on State List (Article 252).
• Approve constitutional amendments (e.g., 101st Amendment for GST).

Challenges

• Legislative Councils: Seen as costly, non-essential.
• Disruptions: Absenteeism, rushed law-making.
• Ruling Party Dominance: Undermines Opposition.

Reforms Suggested

• Stronger committee systems for scrutiny.
• Mandatory sitting days.
• Enhance Council’s role where applicable.

Conclusion

State Legislatures are pillars of federalism, vital for grassroots democracy and regional development. As quoted: “Strong States make a Strong Nation.”

Chapter 45: Chief Minister and Council of Ministers — Appointment, Powers, Functions

Introduction

The Chief Minister (CM) is the real executive head of the state, leading the Council of Ministers, while the Governor is the constitutional head. The state follows a parliamentary system, mirroring the Union.

Constitutional Provisions

• Article 163: Council of Ministers aids/advises Governor.
• Article 164: Governs CM and Ministers’ appointment.

Appointment of Chief Minister

• Process:
  • Governor invites majority party/alliance leader in Assembly.
  • Appoints CM, who advises on Ministers’ appointment.
  • In hung Assembly, Governor uses discretion, followed by floor test.
• Tenure:
  • Serves at Governor’s pleasure (effectively, majority support).
  • No fixed term; generally 5 years (Assembly’s term).
  • No term limit.
• Oath: Administered by Governor, includes:
  • Faithful duties.
  • Upholding Constitution.
  • Secrecy.
• Salary: Determined by State Legislature.

Powers and Functions

1. Executive Powers:
   • Allocates portfolios to Ministers.
   • Shapes state policies.
   • Informs Governor on state affairs.
   • Advises on appointments (Ministers, Advocate General).
2. Legislative Powers:
   • Advises Governor on Assembly sessions (summoning, proroguing, dissolving).
   • Leads legislative agenda.
   • Introduces government Bills.
   • Defends policies in Assembly.
3. Financial Powers:
   • Prepares/presents State Budget.
   • Guides financial proposals.
   • Shapes fiscal policies.
4. Advisory Powers:
   • Advises Governor on key matters.
   • Recommends Minister dismissals.

Roles

• Spokesperson: Communicates state policies.
• Crisis Manager: Handles political/social crises.
• Cabinet Leader: Coordinates Ministries.
• Development Leader: Drives economic/social programs.

Council of Ministers

• Composition:
  • Cabinet Ministers: Head major departments, make policies.
  • Ministers of State: Independent or assist Cabinet Ministers.
  • Deputy Ministers: Support senior Ministers.
  • Parliamentary Secretaries: Non-constitutional, political roles in some states.
• Collective Responsibility (Article 164(2)):
  • Council accountable to Assembly.
  • No-Confidence Motion leads to collective resignation.
• Individual Responsibility:
  • Governor removes Minister on CM’s advice.

Comparison: Chief Minister vs. Governor

Important Cases

• Nabam Rebia (2016): Governor acts on CM/Cabinet advice for Assembly summoning.
• S.R. Bommai (1994): Floor test required; unconstitutional CM dismissal without test.

Recent Issues

• Governor Delays: Oath ceremonies.
• Non-MLA CMs: Must become MLA within 6 months.
• CM-Governor Tensions: E.g., West Bengal, Maharashtra.

Deputy Chief Minister

• Non-Constitutional: Political role in coalitions.
• Holds Cabinet rank, powers assigned by CM.

Conclusion

The Chief Minister is the linchpin of state governance, shaping its destiny. As quoted: “In India’s federal system, the Chief Minister is the architect of the State’s destiny.”

Chapter 46: High Court — Structure, Jurisdiction, Powers

Introduction

High Courts are the highest judicial bodies at the state level, guarding the Constitution and law in states/UTs.

Constitutional Provisions

• Articles 214–231: Govern organization, powers, functions.

Organization

• Establishment: Each state has a High Court (some shared by states/UTs).
• Composition: Chief Justice + other Judges (number set by President).
• Chief Justice: Heads the Court.
• Location: State capital (some have benches).
• Temporary/Additional Judges: Appointed as needed.

Appointment of Judges

• Process:
  • CJI + Collegium recommends.
  • Governor consulted.
  • President appoints.
• Qualifications:
  • Indian citizen.
  • 10 years as High Court advocate or judicial officer.
• Tenure:
  • Retire at 62 years.
  • Removed by President via impeachment (misbehavior/incapacity).
• Salaries: Paid from State Consolidated Fund.

Jurisdiction and Powers

1. Original Jurisdiction:
   • Writ Jurisdiction (Article 226): Issues writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) for Fundamental Rights and other purposes.
   • Election Petitions: State Legislature disputes.
   • State Law Matters: E.g., revenue cases.
2. Appellate Jurisdiction:
   • Civil Appeals: From District/Subordinate Courts.
   • Criminal Appeals: From Sessions Courts.
   • Constitutional Appeals: Involving constitutional interpretation.
3. Supervisory Jurisdiction (Article 227):
   • Oversees lower courts/tribunals, can review records, issue orders.
4. Control over Subordinate Judiciary:
   • Manages District Judges’ postings, promotions, discipline (with Governor/State PSC).
5. Judicial Review:
   • Strikes down unconstitutional state laws.

Writs (Article 226)

• Habeas Corpus: Release unlawful detainees.
• Mandamus: Command public officials’ duties.
• Prohibition: Stop lower court overreach.
• Certiorari: Quash lower court/tribunal orders.
• Quo Warranto: Challenge public office legality.

Independence

• Salaries: Charged on Consolidated Fund (non-votable).
• Tenure Security: Impeachment only.
• Contempt Powers: Punish disrespect.
• Separation: From executive/legislature.

Subordinate Courts

• District Courts, Civil/Criminal Courts, some tribunals under High Court supervision.

Comparison: Supreme Court vs. High Court

Important Articles

• 214: High Court establishment.
• 215: Court of Record.
• 216: Composition.
• 217: Judges’ appointment.
• 226: Writ jurisdiction.
• 227: Supervisory power.

Recent Developments

• Demand for new High Courts (e.g., post-Telangana bifurcation).
• Proposal to raise retirement age to 65.
• Expansion of e-Courts.

Challenges

• Backlog: Case delays.
• Vacancies: Judge shortages.
• Infrastructure: Limited facilities.
• Access: Poor in rural areas.

Reforms Suggested

• Increase judge strength.
• Fast-track appointments.
• Enhance digital infrastructure.
• Promote ADR (mediation).

Conclusion

High Courts are custodians of justice at the state level, ensuring rule of law and federal balance. As quoted: “Justice delayed is justice denied, but strong High Courts ensure justice delivered.”

Quick Facts for Prelims & Mains

• State Legislature:
  • Articles: 168–212.
  • MLA Age: 25 years.
  • Council Creation: Article 169.
  • Bicameral States: 6 (2024).
• Chief Minister:
  • Articles: 163, 164.
  • Appointed by: Governor.
  • Deputy CM: Non-constitutional.
• High Court:
  • Articles: 214–231.
  • Retirement Age: 62 years.
  • Writs: Article 226.
  • First High Court: Calcutta (1862).