The State Government-ncert class 7

 

The State Government

Indian Government works at three levels: local, state, and national level. In this chapter, we will take a look at how state governments work and the work that they do.

India is a union of states, with every state having its own Government. The State Governments are responsible for making laws for the people of their states. They also have the power to launch schemes and programmes for the welfare of the people in their state. Besides this, they have been entrusted with the task of administering their state, ensuring basic amenities to the people, such as water, transport, sanitation, healthcare, education, maintaining law and order, etc., and protecting their rights. For ensuring the working of state government smoothly, it is divided into legislature, executive and judiciary.

LEGISLATURE

All states in India have a Legislative Assembly, or the Vidhan Sabha. The Legislative Assembly is responsible for making laws. It is also responsible for ensuring that the state is governed properly. Members of the Legislative Assembly are called MLA's. They are elected directly by the people and therefore, represent the people of the state. In India, most state legislatures only have a single House and are said to be unicameral. But there are some states such as Andhra Pradesh, Bihar, Karnataka, Maharashtra, and Uttar Pradesh which have two Houses. The Lower House is called the Vidhan Sabha, while the Upper House is called the Vidhan Parishad. Such states are said to have a bicameral legislature. The members of the Vidhan Parishad are not elected directly by the people.

 

Vidhan Parishad

The Vidhan Parishad is also known as the Legislative Council. The members of the Legislative Council are appointed for a six-year term. Some of the members of the Council are elected by MLA's, local bodies, teachers, and graduates. Some are nominated by the Governor. The nominated members are usually people renowned in fields such as art, literature, etc. In order to become a member of the Council, a person has to be a citizen of India and above 30 years of age.

The Legislative Council is headed by a Chairman, who is elected by the members. He is assisted by a Deputy Chairman. Every two years, one-third of the members of the Council retire and fresh members are elected. Thus, the Legislative Council is a permanent House. The size of the Legislative Council differs from state to state. It depends on the total strength of the Legislative Assembly of a state. A Legislative Council cannot have more than one-third of the total number of members in the Legislative Assembly. It also cannot have less than 40 members. The Indian Parliament has the power to create or abolish the Vidhan Parishad in a state.

The Vidhan Parishad has fewer powers than the Vidhan Sabha. It has to pass bills, i.e., proposals for laws, originates in the Lower House. It can return a proposal to the Vidhan Sabha, but if the Lower House sends it back, it has no choice but to pass the law.

Vidhan Sabha

The Legislative Assembly or vidhan sabha is directly elected by the people of state. The members of the Assembly are elected for a term of five years. For the purpose of election, the state is divided into small areas known as constituencies. Each constituency elects one member of the Legislative Assembly, or MLA. One group of these elected MLA's ultimately forms the Government of the state.

The size of the Legislative Assembly depends on the population of the state. States with a large population such as Uttar Pradesh have a large Vidhan Sabha (403 members), while states with a small population such as Sikkim have a smaller Vidhan Sabha (32 members). However, the total number of members in a Legislative Assembly cannot exceed 500. While constitutionally, Legislative Assemblies cannot have less than 60 members, exceptions have been made in case of some states such as Sikkim and Goa. Some states also have seats reserved for Scheduled Castes and Scheduled Tribes.

The Legislative Assembly has a Speaker who presides over debates in the House. He ensures the meetings of the House are carried out smoothly. He has the power to adjourn the House if the members disrupt the proceedings of the House. In case the Speaker is not available, the Deputy Speaker takes over the functions. They are both elected by the members of the Lower House.

Unlike the Vidhan Parishad, the Vidhan Sabha is not a permanent House. It can be dissolved by the Governor before the completion of its five-year term and fresh elections can be held to appoint a new House. The term of the Lower House can also be extended by up to a year in case an emergency is declared. In order to become a member of the Assembly, a person has to be a citizen of India and above 25 years of age.

 

ROLE OF THE LEGISLATURE

The Legislative Assembly has greater powers than the Legislative Council. Let us look at some of its functions:

• It makes laws and gets them implemented by the Government.
• It debates on important issues concerning a state - MLA's can express their opinions and question the Government on any issue; they can even suggest ways in which the Government can resolve the issue.
• Any decision that the Chief Minister and his Council make, it has to be first approved by the Legislative Assembly.
• The Legislative Assembly also approves the budget, i.e, it decides how the Government spends its money on various subject.
• It authorises and supervises all the work that the Government does.

Making of laws

Making laws is one of the most important functions of the legislature. The Parliament makes laws on subjects that concern the entire nation such as defence, while State Legislatures make laws on issues of local importance such as agriculture, health, education, trade and commerce, etc. There are two lists State and Concurrent on which state governments can frame laws. There are 61 subjects in the State List. This list includes police, agriculture, irrigation, health, etc. There are 52 subjects in the Concurrent List on which both the Parliament and the State Legislatures can make laws. The subjects in the Concurrent List include education, marriages, factories, electricity, and labour welfare. If the Parliament feels a particular state law is against the interests of the country, it can withhold it and send it to the President, who has the power to nullify it.

How a bill becomes a law?

A bill is a proposal or a draft of law that is presented by either of the house of parliament. Bills, once introduced are discussed, debated and voted upon. There are two kinds of bills - ordinary bills and money bills.

There are several steps involved in the passing of a law at the state level:

1. A bill can be introduced in either House. Money bills deal with finance. They can be introduced only in the Legislative Assembly. Ordinary bills include bills other than money bills. An ordinary bill can be introduced in either House.
2. After a bill is introduced, the members of the Legislature discuss the bill after which it is put to vote.
3. If most of the members approve and pass the bill, it is sent to the Upper House (in case of bicameral legislatures) and then the Governor for his approval.
4. A bill becomes a law if the Governor approves and signs it.

EXECUTIVE

The state executive consists of the governor, the chief minister and the council of Ministers. The Governor is the Head of the State. He/She is appointed by the President for a term of five years. The Governor can be removed from office before the completion of term. His/Her term can even be extended. In order to qualify for the post of a Governor, a person has to be a citizen of India and at least 35 years of age. He/She cannot be a member of the Parliament or the State Legislature.

A Governor performs many functions:

• After elections, he/she appoints the Chief Minister and other ministers.
• He/She is responsible for ensuring that the State Government does not violate the provisions laid down in the Constitution.
• He/She convenes the sessions of the Legislative Assembly.
• All bills passed in the legislature have to be approved and signed by the Governor. He/She can even hold back a bill or forward it to the President for consideration.
• The Governor also has the power to dissolve the Assembly at the request of the Chief Minister. He/She can even recommend President's rule in a state if the ruling party has lost support in the Assembly or the Government machinery has broken down. If the President's rule is imposed in a state, Governor administers the state on behalf of the President.
• The Governor can also pardon, suspend, or commute a sentence passed by a court.

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GOVERNMENT AND ITS ROLE

Formation of Government

We have read that for the purpose of election, each Indian state is divided into areas called constituencies. People from each constituency elect one representative. All such elected representatives together make up the Legislative Assembly of a state. They usually belong to different political parties. Once the Legislative Assembly is elected, the party with the maximum number of MLA's is determined.

A political party that has MLA's from more than half the number of constituencies in a state is called a majority or the Ruling Party. (For example, Sikkim has 32 constituencies. In order to have a majority, a party has to have more than 16 MLA's elected to the Legislature.) All the other Parties are called the Opposition. The party with the most MLA's in the Opposition is called the Opposition Party. Once the majority party is determined, the Governor invites its leader to form the Government. MLA's from the majority party elect their leader, who becomes the Chief Minister of the state. The Chief Minister selects MLA's from his party who help him/her implement the Government's decisions and laws. They are called his Council of Ministers. The Chief Minister and his council of ministers are sworn in by the Governor.

Chief Minister and his Council

The Chief Minister is the Head of the Government. The Chief Minister and his Council make up the executive part of the Government, i.e., the arm that actually implements all the laws and decisions made by the Legislative Assembly. The Chief Minister and his Council are responsible for running the various departments of the Government, also called ministries, such as health, education, industries, etc. In this sense, they play a dual role; they are MLA's as well as ministers.

The Council of Ministers comprises three categories of ministers: the Cabinet Ministers, the Ministers of State, and the Deputy Ministers. The Cabinet Ministers are in charge of one or more ministry. They take all important decisions and ensure they are implemented by the Council of Ministers. After them, rank the Ministers of State, who may hold charge of individual ministries or assist the Cabinet Ministers. The Deputy Ministers are junior ministers who usually assist the Cabinet Ministers and the Ministers of State. It is the Chief Minister who assigns ministries to the ministers. He has the power to remove a minister at any time. He also presides over the meetings of the Cabinet Ministers.

Role of the Chief Minister and his Council

The Chief Minister and his Council are responsible for the running of the Government. They implement policies and laws passed in the Legislature through various Government departments, such as Education Department, Public Works Department, Health Department, etc., which are handled by the ministers in the Council. For example, if the Legislature passes a law making the appointment of health workers compulsory in all villages, it is the Health minister and it's department ensures that the law is implemented across the state.

The Government can also frame new laws and schemes and present them to the Legislature for approval. For example, state governments can make schemes that create opportunities for some groups, especially tribals and Dalits. They can formulate plans to rescue and rehabilitate child labourers. The state has to take action to ensure issues concerning the public are resolved. It does so through its different departments.

As it is ultimately the people who elect the Government, the Chief Minister and his Council are answerable to them. MLA's, who represent people from different parts of the state, can ask the Government about its work or actions taken by it to resolve important issues. The Chief Minister and his Council have to answer these questions and tell them about the steps being taken to resolve the issues. They also keep the media such as newspapers and TV channels informed about their work and respond to their questions. To understand how the government functions, take a look at the case study given.

JUDICIARY

The judiciary at the state level consists of the High Court and subordinate courts like the District courts, the Provincial Courts and the Nyaya Panchayats.

Branch	Key Differences
Legislature	1. Function: Responsible for making laws and policies for the country.
	2. Composition: Consists of two houses: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Executive	1. Function: Responsible for implementing and enforcing laws passed by the legislature.
	2. Composition: Comprised of the President, Prime Minister, Council of Ministers, and bureaucratic agencies.
Judiciary	1. Function: Interprets laws, ensures justice, and protects the Constitution by resolving disputes.
	2. Composition: Includes the Supreme Court, High Courts, and subordinate courts.

 

New Terms
Vidhan Sabha	Also known as Legislative Assembly or the Lower House; it is the law-making body of a state; it is directly elected by the people of a state for a term of five years.
Vidhan Parishad	Also known as Legislative Council or the Upper House; it is a permanent House; its members are not directly elected by the people; some are elected by MLA's, local bodies, teachers, and graduates, while some are nominated by the Governor.
MLA	Member of Legislative Assembly; representative elected by the people.
Constituency	Area in a state from where an MLA is elected.
Ruling Party	Also called majority party; a political party that has MLA's from more than half the number of constituencies in a state.
Opposition	All parties other than the majority party.
Opposition Party	Party with the most MLA's in the Opposition.
Bill	Proposal for a law.
Money bill	Deals with finance.
Ordinary bills	Deal with subjects other than finance.
Ministries	Various departments of the Government.
Cabinet Ministers	Are in charge of one or more ministry. They take all important decisions and ensure they are implemented by the Council of Ministers.
Ministers of State	May hold charge of individual ministries or assist Cabinet Ministers.
Deputy Ministers	Junior ministers who usually assist Cabinet Ministers and Ministers of State.

 

Exercise

 

Q1. Who elects the members of the Vidhan Sabha?

A. The Governor

B. The President of India

C. The people of the state

D. The Chief Minister

Answer: C. The people of the state

Explanation: Members of the Vidhan Sabha (MLAs) are directly elected by the people of the state through democratic elections.

 

Q2. Which of the following states has a bicameral legislature?

A. Kerala

B. Tamil Nadu

C. Maharashtra

D. Punjab

Answer: C. Maharashtra

Explanation: Maharashtra is one of the few states in India with a bicameral legislature (both Vidhan Sabha and Vidhan Parishad).

 

Q3. What is the minimum age to become a member of the Legislative Assembly (Vidhan Sabha)?

A. 21 years

B. 25 years

C. 30 years

D. 18 years

Answer: B. 25 years

Explanation: To become a member of the Vidhan Sabha, a person must be at least 25 years old and a citizen of India.

 

Q4. What is the term duration of members of the Vidhan Parishad (Legislative Council)?

A. 5 years

B. 4 years

C. 6 years

D. Permanent

Answer: C. 6 years

Explanation: Members of the Vidhan Parishad serve a term of 6 years, with one-third of members retiring every 2 years.

 

Q5. What is the maximum number of members a Legislative Assembly can have?

A. 400

B. 500

C. 450

D. 350

Answer: B. 500

Explanation: According to the Constitution of India, a Vidhan Sabha cannot have more than 500 members.

 

Q6. Who presides over the meetings of the Vidhan Sabha?

A. Governor

B. Chief Minister

C. Speaker

D. Chairman

Answer: C. Speaker

Explanation: The Speaker, elected by the members of the Vidhan Sabha, presides over its meetings and maintains order during debates.

 

Q7. Which statement is true about the Vidhan Parishad?

A. It is directly elected by the people

B. It is a permanent House

C. All members are nominated

D. It has more powers than the Vidhan Sabha

Answer: B. It is a permanent House

Explanation: The Vidhan Parishad is not subject to dissolution; one-third of its members retire every two years, making it a permanent body.

 

Q8. How are members of the Vidhan Parishad selected?

A. All are nominated by the Governor

B. Directly elected by the public

C. Elected by MLAs, teachers, graduates, and local bodies

D. Elected by the Prime Minister

Answer: C. Elected by MLAs, teachers, graduates, and local bodies

Explanation: Members of the Legislative Council are elected by a mix of MLAs, local authorities, teachers, graduates, and some are nominated by the Governor.

 

Q9. Which state has the largest Vidhan Sabha in India?

A. Bihar

B. Rajasthan

C. Uttar Pradesh

D. Madhya Pradesh

Answer: C. Uttar Pradesh

Explanation: Uttar Pradesh has the largest Legislative Assembly in India, with 403 members.

 

Q10. Which body has the power to create or abolish the Vidhan Parishad in a state?

A. The Governor

B. The President

C. The State Assembly

D. The Indian Parliament

Answer: D. The Indian Parliament

Explanation: Only the Parliament of India has the authority to create or abolish the Legislative Council (Vidhan Parishad) in a state.

 

Q11. Who has more power in a state's legislative process?

A. Vidhan Parishad

B. High Court

C. Vidhan Sabha

D. Lok Sabha

Answer: C. Vidhan Sabha

Explanation: The Vidhan Sabha (Legislative Assembly) has greater powers than the Legislative Council in state governance.

 

Q12. Which body is responsible for approving the state budget?

A. Governor

B. Chief Minister

C. Vidhan Parishad

D. Legislative Assembly

Answer: D. Legislative Assembly

Explanation: The Legislative Assembly approves how the Government spends money through the state budget.

 

Q13. Which of the following is NOT a function of the Governor?

A. Passing laws directly

B. Dissolving the Assembly on request

C. Appointing the Chief Minister

D. Convening Legislative Assembly sessions

Answer: A. Passing laws directly

Explanation: The Governor approves laws passed by the legislature but does not make or pass laws directly.

 

Q14. A Money Bill in a state can be introduced only in which house?

A. Vidhan Parishad

B. Lok Sabha

C. Rajya Sabha

D. Legislative Assembly

Answer: D. Legislative Assembly

Explanation: Only the Legislative Assembly has the authority to introduce a Money Bill in the state legislature.

 

Q15. How many subjects are in the State List that allow the state to make laws?

A. 48

B. 52

C. 61

D. 60

Answer: C. 61

Explanation: The State List includes 61 subjects such as police, irrigation, health, and agriculture.

 

Q16. Who has the final authority to sign a bill and make it a law in a state?

A. Chief Minister

B. Prime Minister

C. Governor

D. Speaker

Answer: C. Governor

Explanation: A bill becomes a law only when the Governor signs it after approval from both Houses.

 

Q17. What is the age requirement to become a Governor?

A. 30 years

B. 25 years

C. 35 years

D. 40 years

Answer: C. 35 years

Explanation: A person must be at least 35 years old to qualify as a Governor in India.

 

Q18. Who can recommend President’s Rule in a state?

A. Prime Minister

B. Chief Minister

C. Supreme Court

D. Governor

Answer: D. Governor

Explanation: The Governor can recommend President’s Rule if the state government collapses or loses majority.

 

Q19. What does the Governor do after a bill is passed by the legislature?

A. Send it to the Supreme Court

B. Automatically reject it

C. Sign it or send it to the President

D. Return it to the Assembly for revision

Answer: C. Sign it or send it to the President

Explanation: The Governor must either sign the bill into law or forward it to the President for consideration.

 

Q20. What is a bill?

A. A new budget

B. A proposed or draft law

C. A vote of no-confidence

D. A constitution

Answer: B. A proposed or draft law

Explanation: A bill is a proposed law presented in the legislature for discussion and approval.

 

Q21. What is the minimum number of constituencies a party must win in Sikkim (32 constituencies) to form a majority government?

A. 16

B. 17

C. 15

D. 32

Answer: B. 17

Explanation: A party needs more than half the total number of constituencies to have a majority. In Sikkim’s case, that is more than 16, i.e., 17.

 

Q22. Who invites the leader of the majority party to form the government in a state?

A. Chief Minister

B. Speaker of the Assembly

C. President

D. Governor

Answer: D. Governor

Explanation: The Governor invites the leader of the majority party to form the government after election results.

 

Q23. Who elects the Chief Minister of a state?

A. Governor

B. People directly

C. MLA's from the majority party

D. High Court

Answer: C. MLA's from the majority party

Explanation: MLA's of the ruling (majority) party elect their leader, who then becomes the Chief Minister.

 

Q24. Which body is responsible for implementing the laws passed by the legislature?

A. Judiciary

B. Executive

C. Governor

D. Media

Answer: B. Executive

Explanation: The executive, headed by the Chief Minister and his Council of Ministers, is responsible for implementing laws.

 

Q25. What is the role of Cabinet Ministers in a state government?

A. To monitor courts

B. To prepare school syllabi

C. To take key decisions and head ministries

D. To appoint MLA’s

Answer: C. To take key decisions and head ministries

Explanation: Cabinet Ministers head one or more ministries and take important decisions for the state government.

 

Q26. Which of the following categories of ministers is considered junior and assists the higher-ranking ministers?

A. Deputy Ministers

B. Cabinet Ministers

C. Chief Ministers

D. Governor

Answer: A. Deputy Ministers

Explanation: Deputy Ministers are junior ministers who assist Cabinet and State Ministers.

 

Q27. Who assigns ministries and has the power to remove ministers?

A. Governor

B. High Court

C. Chief Minister

D. Speaker

Answer: C. Chief Minister

Explanation: The Chief Minister assigns portfolios and can remove any minister from the Council.

 

Q28. How is the government answerable to the people in a democracy?

A. Through courts

B. Through military

C. Through elected MLA’s

D. Through newspapers

Answer: C. Through elected MLA’s

Explanation: The government is answerable to the people through MLA’s, who question the government on behalf of citizens.

 

Q29. What is the function of the state government departments like the Health Department or Public Works Department?

A. To train politicians

B. To enforce court rulings

C. To implement laws and policies

D. To supervise elections

Answer: C. To implement laws and policies

Explanation: These departments ensure government decisions and policies are put into action at the ground level.

 

Q30. What makes up the judiciary at the state level?

A. Parliament and Police

B. High Court and subordinate courts

C. Governor and Chief Minister

D. Cabinet Ministers

Answer: B. High Court and subordinate courts

Explanation: The judiciary at the state level includes the High Court and lower courts like district courts and Nyaya Panchayats.

 

Q31. What is the Vidhan Sabha also known as?

A. Legislative Council

B. Upper House

C. Legislative Assembly

D. Rajya Sabha

Answer: C. Legislative Assembly

Explanation: Vidhan Sabha is also called the Legislative Assembly or the Lower House. It is the law-making body of a state and is directly elected by the people.

 

Q32. How are members of the Vidhan Parishad selected?

A. All are directly elected by the people

B. All are nominated by the Governor

C. Some are elected, and some are nominated

D. All are elected by the Legislative Assembly

Answer: C. Some are elected, and some are nominated

Explanation: Members of the Vidhan Parishad are not directly elected. They are elected by MLAs, local bodies, teachers, and graduates, and some are nominated by the Governor.

 

Q33. What is the term duration of the Vidhan Sabha?

A. Six years

B. Five years

C. Two years

D. Permanent

Answer: B. Five years

Explanation: The Vidhan Sabha, or Legislative Assembly, is directly elected by the people for a term of five years.

 

Q34. Who is an MLA?

A. Member of Legislative Assembly elected by Parliament

B. Member of Lok Sabha

C. Member of Legislative Assembly elected by the people

D. Nominated member of the state legislature

Answer: C. Member of Legislative Assembly elected by the people

Explanation: An MLA is a representative elected by the people from a particular constituency in a state.

 

Q35. What is a constituency in the context of a state legislature?

A. A state government department

B. Area from which a Prime Minister is elected

C. Area in a state from where an MLA is elected

D. The state capital region

Answer: C. Area in a state from where an MLA is elected

Explanation: A constituency is a specific geographic area in a state from which an MLA is elected.

 

Q36. What is a ruling party?

A. A party with the highest number of seats in Parliament

B. A political party that wins in the Lok Sabha

C. A party with MLAs from more than half the constituencies

D. A party supported by the President

Answer: C. A party with MLAs from more than half the constituencies

Explanation: The ruling party, or majority party, is the one that has MLAs from more than half the constituencies in a state.

 

Q37. What is the role of Cabinet Ministers in a state government?

A. Only attend ceremonial events

B. Take decisions but do not implement them

C. Take all important decisions and ensure implementation

D. Assist Deputy Ministers

Answer: C. Take all important decisions and ensure implementation

Explanation: Cabinet Ministers head ministries, make crucial decisions, and ensure they are implemented by the Council of Ministers.

 

Q38. Which type of bill deals specifically with finance?

A. Ordinary Bill

B. Cabinet Bill

C. Policy Bill

D. Money Bill

Answer: D. Money Bill

Explanation: A Money Bill deals with financial matters such as taxation, government spending, etc.

 

Q39. Who are Deputy Ministers?

A. Heads of the Finance Department

B. Senior members of the Parliament

C. Junior ministers who assist senior ministers

D. Governors of states

Answer: C. Junior ministers who assist senior ministers

Explanation: Deputy Ministers are junior ministers who usually assist Cabinet Ministers and Ministers of State in their duties.

 

Q40. What is a bill in the legislative process?

A. A report presented by a Governor

B. A budget document

C. A proposal for a law

D. A court judgment

Answer: C. A proposal for a law

Explanation: A bill is a formal proposal for a new law or a change to an existing law.