UNIT – III
STATE AND LOCAL GOVERNMENT
THE STATE EXECUTIVE is the body that manages the administration of a state in
India. It consists of the following members:
Governor: The executive head of the state government. The President of India
appoints the Governor for a five-year term. The Governor has several powers,
including legislative, financial, judicial, and discretionary powers.
The Governor is the constitutional head of the State Government.
He plays a twofold function as the constitutional head of the State Government
and as a link between the Centre and the state government.
The Governor of a State is appointed by the President by warrant under his
hand and seal
Chief Minister: The head of the Council of Ministers. The Governor appoints the
Chief Minister, who should have the support of the majority in the State Legislative
Assembly.
Council of Ministers: A part of the state executive. The Council of Ministers is
collectively responsible to legislative assembly of the State.
Advocate General of State: The top officer in law within the state.
STATE LEGISLATURE
1. The State Legislative Assembly, also known as the Vidhan Sabha or
Saasana Sabha, is a legislative body in Indian states and some union
territories. It is the lower house of a bicameral state legislature, while the upper
house is called the State Legislative Council or Vidhan Parishad. In some
states, there is only one house, which is the State Legislative Assembly.
Here are some facts about the State Legislative Assembly:
The State Legislative Assembly is a popularly elected chamber that is the real center of power in a
state.
The number of members in the State Legislative Assembly is between 60 and 500. However, some
states have smaller assemblies, such as Sikkim, Arunachal Pradesh, and Goa.
The term of an assembly is five years, unless it is dissolved earlier.
The minimum age to be a member of the State Legislative Assembly is 25 years.
The State Legislative Assembly has the power to make laws on items that Parliament cannot, such
as police, prisons, irrigation, agriculture, local governments, and public health.
The State Legislative Assembly also has the power to elect the President of India
2. The State Legislative Council, also known as the Vidhan Parishad, is the
upper house of the state legislature in some Indian states. The lower house is
the State Legislative Assembly. The State Legislative Council has several
important roles, including:
Quality control of legislation
The Council reviews and revises legislation passed by the Assembly, acting as a
check against poorly considered laws.
Representation of experts
The Governor nominates members of the Council from among people with expertise
in various fields, such as education, science, art, and social service.
Political stability
The Council is a permanent chamber, unlike the State Legislative Assembly, which
is dissolved every five years.
STATE JUDICIARY – HIGH COURT
The High Court is the highest judicial body in a state in India and is the second-highest in the
country after the Supreme Court. The High Court is a vital part of the Indian Judiciary and is
responsible for:
Protecting fundamental rights
The High Court protects the fundamental rights of the people as enshrined in the Constitution.
Balancing power
The High Court balances the conflicting exercise of power between the center and a state or
among states.
Public interest litigation
A Public Interest Litigation can be filed in a High Court under article 226 concerning any matter
which affects the interest of the public at large.
Here are some other facts about the High Court:
There are 25 High Courts in India.
The Calcutta High Court, the Madras High Court, and the Bombay High Court are the oldest High
Courts in India, established in 1862.
Some High Courts have jurisdiction over more than one state. For example, the Punjab and
Haryana High Court has jurisdiction over Punjab, Haryana, and Chhattisgarh.
The High Court judges hold their office until they attain the age of 62.
The High Court judges can resign by writing to the president.
The High Court judges can be removed by the President on the recommendation of the Parliament.
LOCAL GOVERNMENT – PANCHAYAT RAJ
Panchayati Raj is a system of local self-government in India that is responsible for the economic
development, social justice, and implementation of government schemes in rural areas. The
system is made up of Panchayati Raj Institutions (PRIs) that are organized into three levels:
Gram Panchayat: The village level PRI
Panchayat Samiti: The block level PRI
Zilla Panchayat: The district level PRI
The word "panchayat" means "assembly of five" and "raj" means "rule". The system originated in
the Indian subcontinent and has historical mentions dating back to around 250 CE. Mahatma
Gandhi advocated for panchayati raj as the foundation of India's political system. Jawaharlal Nehru
inaugurated the system in 1959.
The 73rd Amendment of the Indian Constitution, also known as the Panchayati Raj Act, was
passed in 1992 and came into force in 1993. It made the Panchayati Raj institutions part of the
constitution and gave them constitutional status. The Act empowered state governments to take
the necessary steps that would lead to the formalisation of the gram panchayats and help them
operate as units of self-governance. The amendment also:
Added Part IX to the constitution, titled "The Panchayats"
Added an Eleventh Schedule to the constitution, covering 29 subjects within the functions of the
Panchayats
Made it mandatory for states to enact Panchayati Raj Acts
Gave states freedom to adopt the Panchayati Raj System based on their geographical, politico-
administrative, and other conditions
Established a State Finance Commission to review the financial position of Panchayats and
recommend how to distribute taxes, duties, tolls, and fees between the state and Panchayats
Established reservations for seats in Gram Panchayats for members of Scheduled Castes and
Scheduled Tribes, as well as women
Authorized state legislatures to make reservations for backward classes
The 73rd Amendment does not apply to the states of Nagaland, Mizoram, Jammu and Kashmir,
and Meghalaya.
URBAN LOCAL SELF GOVERNMENT
Urban Local Self-Government (ULSG) is a system of governance for urban areas in India, where
the people elect representatives to make decisions. ULSGs are the third tier of government in
India, and are also known as Urban Local Bodies (ULBs) or municipalities.
ULSGs are responsible for:
Civic services: Providing essential services and facilities in urban areas
Economic development: Preparing plans for economic development and social justice
Development schemes: Implementing development schemes
Infrastructure development: Investing in infrastructure development using their own revenue and
external sources
The 74th amendment to the Constitution of India in 1992 established the constitutional
framework for ULSGs. It was a landmark initiative to establish a democratic framework for local
governance in urban areas.
Purpose: The amendment's purpose was to establish a framework for self-governing local bodies
in urban areas. It was based on the idea that power in a democracy rightfully belongs to the people .
There are three types of ULSGs in India:
Municipal corporations: Govern large urban areas
Municipal councils: Govern smaller urban areas
Nagar panchayats: Govern transitional areas from rural to urban
The classification of these areas is at the discretion of the states, and can differ in names, election
method, or tier structure.
……………………..BY ABHINABA SIR
