UNIT- I

STATE LEGISLATURE
VIDHANA PARISHAD (STATE LEGISLATIVE
COUNCIL)
 Article 168 (1)- For every State there shall be a
Legislature which shall consist of the Governor

 The following States have two houses Andhra Pradesh,

Bihar, Maharashtra, Karnataka, Telangana and Uttar
Pradesh.

 Upper house

 Abolition/Creation:
 Parliament of India
 Legislative Assembly of a State need to pass a resolution to
that effect by a majority of the total membership and by a
majority of not less than two-thirds of the members present
and voting.
 Composition (Article 171):
 Shall not exceed 1/3rd of the total number of Vidhana Sabha
and not less than 40.

 Of the total number of members of the Legislative Council

of a State—
 one third shall be elected by electorates consisting of
municipalities, district boards and other local authorities
 one twelfth shall be elected by electorates consisting of
persons who have been at least three years graduates
 one twelfth shall be elected by electorates consisting of
persons who have been for at least three years engaged in
teaching educational institutions not lower in standard than
that of a secondary school.
 one third shall be elected by the members of Legislative
Assembly of the State.
 The remainder shall be nominated by the Governor shall
consist of persons having special knowledge or practical
experience in Literature, science, art, co-operative
movement and social service.
 Duration/Term:
 6 years
 For every two years 1/3rd of the members will retire.
 The Council shall not be subject to dissolution.

 Qualification:
 Must be a citizen of India
 Must have attained the age of 30 years
 Must be an elector for any Assembly constituency in that
State.
 Must be an ordinarily resident in the State to be nominated
by the Governor of that State.
 Disqualification:
 if he holds any office of profit under the Government of
India or the Government of any State;
 if he is of unsound mind and stands so declared by a
competent court;
 if he is an undischarged insolvent;
 if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any
acknowledgment of allegiance or adherence to a foreign
State;
 if he is so disqualified by or under any law made by
Parliament.
 Disqualification on the grounds of defection-
 Sessions:
 The Governor shall summon the House or each House of the
State Legislature.
 But six months shall not intervene between its last sitting
in one session and the date appointed for its first sitting in
the next session.
 The Governor may from time to time— (a) prorogue the
House or either House; (b) dissolve the Legislative
Assembly
 Special address by the governor.

 Oath or Affirmation:
 before the Governor, or some person appointed in that
behalf by him.
 Privileges:
 there shall be freedom of speech in the Legislature of every
State
 No member shall be liable to any proceedings in any court
in respect of anything said or any vote given by him in the
Legislature or any committee thereof.
 During the session of legislature, from 40 days before the
beginning to 40 days after the finish, no member may be
arrested.
 Right of the House to receive immediate information of the
arrest, detention, conviction, imprisonment and release of a
member.
 No member can be arrested within the precincts of the
House.
 Quorum:
 ten members or one-tenth of the total number of members of
the House, whichever is greater.

 Presiding Officers:
 Chairman and Deputy Chairman
 Vacation, Resignation, and Removal:
 vacates office when ceases to be a member
 may at any time by writing under his hand

 by a resolution of the Council passed by a majority of all the then

members of the Council subject to 14 days prior notice.
 Should not preside the house when a resolution for their removal
from office is under consideration
 Presiding Officers: Powers & Functions
 Preside the house
 Can cast vote in the case of an equality of votes
 Principal spokesperson of the House
 Adjourn the House or suspend its sitting in the event of
absence of quorum.
 Acceptance or rejection of resignation submitted by
members.
 Maintains the decorum of the house
 Interpreter of rules
 Breach of privileges
 Authenticates the Bill
 If a member is arrested or detained the fact is required to be
reported immediately to the Chairman by the concerned
authority.
POWERS & FUNCTIONS OF STATE LEGISLATURE
 Legislative Functions:
 A Bill may originate in either House of the State
Legislature.
 Both the Houses need to agree to pass a Bill.
 If the Bill is rejected by the Council or more than three
months have been lapsed without being passed by it or the
bill is passed by the Council with amendment but
Assembly does not agree.
 The Assembly need to pass the Bill again with or without such
amendments and then transmit the Bill to the Council.
 After a bill has been passed for second time by the
Legislative Assembly & transmitted to the Council:
 If the Bill is rejected by the Council or more than one month has
been lapsed without being passed by it or the bill is passed by the
Council with amendment but Assembly does not agree.
 the Bill shall be deemed to have been passed by the Houses of
State Legislature in the form in which it was passed by the
Legislative Assembly for the second time.
 Financial Functions:
 Shall not be introduced in a Legislative Council
 After a Money Bill has been passed by the Legislative
Assembly and then it shall be transmitted to the Legislative
Council.
 The Legislative Council need to return the Bill within 14
days from the date of its receipt with its recommendations.
 The Legislative Assembly may either accept or reject all or
any of the recommendations.
 If the Assembly accepts the recommendations of the Council,
it is considered as passed by both the Houses.
 If the Assembly rejects the recommendations of the Council,
the Bill shall be deemed to have been passed by both the
Houses.
 If the Bill is not returned to the Assembly within the said
period of fourteen days, it shall be deemed to have been
passed by both Houses.
 Control over executive:
 Question Hour
 Starred Question & Unstarred Question
 Zero Hour
 Motion of no confidence
 Calling Attention Motion
 Adjournment Motion

 Electoral functions:
 Elects the President, members of Rajya Sabha and Vidhana
Parishad.

 Constitutional functions:
 Cannot initiate constitutional amendments
 require to be ratified by the Legislatures of not less than
one-half of the States by resolutions to that effect passed.
STATE EXECUTIVE
 SECRETARIAT

3 component of government at the state

level.
 Minister
 Secretary
 Executive Head

 Complex of departments whose heads

politically are Ministers and administratively
are the Secretaries.
 Eachsecretary can be assigned the in charge
of more than one department.

 In 2020- Mizoram 48, Gujarat- 25, Haryana-

53

 Distinction between Ministry & Department

 Secretaries to the government as a whole

 STRUCTURE OF SECRETARIAT

2 hierarchical formations:
 Officers
 Office
 Department-
Secretary

Wing-
Additional/Joint
Secretary

Division- Deputy
Secretary

Branch- Under Secretary

Section- Section Officer

 ROLE & FUNCTIONS
 Policy-making and discharging the legislative
responsibilities of a minister.

 Framing draft legislation, rules & regulations.

 Budgeting and control of expenditure

 Supervision and control of executive

departments.
 Maintaining contacts with the GOI & other
state governments.

 Initiating measures to develop greater

personnel and organisational competence.

 Works on the principle of policy-making

must be separated from policy execution.

 Functions as an institutionalised memory

 DIRECTORATE
 Executive departments

 Transmit the policies into action.

 Two categories:
 Attached offices
 Subordinate offices
 Other Agencies- corporation & government
company
 Regional Administration

 Heads of the executive agencies are known as

Directors.

 Nomenclature may change

 Police: Inspector/Director General of Police
 Inspector General of Jails
 Irrigation- Chief Engineer
 Director

Additional
Directors

Senior Joint
Directors

Joint Directors

Deputy Directors
 FUNCTIONS
 To provide technical advice to the
ministers

 Toexercise disciplinary powers over the

subordinate officers as per rules.

 Theyinspect the execution of work laws

and policies.

 They handle the appointment, promotion,

confirmation, transfer, and posting of the
new or old officers.
 To organise in-service training
programmes for departmental
officers.

 To prepare the budget of the

department.

 They allocate the money granted by

the ministry through the secretary.

 To carry out departmental research

and experiment programmes to
improve the efficiency of the
department.
CENTRE-STATE
RELATIONS
 CENTRE-STATE RELATIONS
 No Agreements-
 Union of States

 Harmony and co-ordination

 Part XI & XII deals with the Centre-State

Relations.

 The Centre-state relations can be studied

under three heads:
 Legislative relations.
 Administrative relations.
 Financial relations.
 LEGISLATIVE RELATIONS
 Part XI from Articles 245 to 255

 The legislative relations can be studied under

different aspects:
 Territorial extent of Central and State
Legislation
 Distribution of legislative subjects
 Parliamentary legislation in the State field
 Miscellaneous
 Territorial extent of Central and State
Legislation:
 Article 245 (1): Parliament may make laws for the
whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole
or any part of the State.
 Article 245 (2): Parliament can make extra
territorial legislation

 Distribution of legislative subjects:

 Article 246 (1)- Union List (List I, 7th Schedule)
 Article 246 (2)- Concurrent List (List III, 7th
Schedule)
 Article 246 (3)- State List (List II, 7th Schedule)
 Article 246 (4)- Parliament has power to make laws
with respect to any matter for any part of the
territory of India not included in a State
notwithstanding that such matter is a matter
enumerated in the State List
  Article 246A- Special provision with respect to
goods and services tax
 Article 247- Parliament may create certain
additional courts
 Article 248- Residuary Powers- Parliament has
exclusive power to make any law with respect to any
matter not enumerated in the Concurrent List or
State List.
 includes any law imposing a tax not mentioned in either of
those Lists.

 Parliamentary Legislation in the State Field:

 Article 249- Power of Parliament to legislate with
respect to a matter in the State List in the national
interest.
 If the Council of States passes a resolution by not less than
2/3rd of the members present and voting to that effect
 Article 250- Power of Parliament to legislate with
respect to any matter in the State List if a
Proclamation of Emergency is in operation.
 Article 251- Inconsistency between laws made by
Parliament under articles 249 and 250 and laws
made by the Legislatures of States.
 Article 252- Power of Parliament to legislate for two
or more States by consent and adoption of such
legislation by any other State.
 Article 253- Legislation for giving effect to
international agreements.
 Article 254- Inconsistency between laws made by
Parliament and laws made by the Legislatures of
States.
 Miscellaneous:
 During President’s rule
 Reservation of certain bills for President’s assent
 Bills on certain matters enumerated in the State
List can be introduced in the state legislature only
with the previous sanction of the president.
 ADMINISTRATIVE RELATIONS
 Part XI from Articles 256-263

 Article 256- Obligation of States and the Union

 Article 257- Control of the Union over States in

certain cases.
 States not to exercise their executive power not to
impede or prejudice the executive power of the Union.
 Union shall give directions to a State with regard to the
construction and maintenance of means of
communication (national or military importance)
 Protection of Railways
 If extra costs are incurred in fulfilling the directions of
the Union, they will be compensated by the Union. The
amount will be decided through mutual agreement, and if
there is no agreement, it will be determined by an
arbitrator appointed by the Chief Justice of India.
 Article 258- Power of the Union to confer powers,
etc., on States in certain cases.
 President may assign any function of the Union to the
State government or its officers either conditionally or
unconditionally with the consent of the State
government.
 Parliament can confer powers and impose duties on state
government with regard to any law made by the
Parliament even such matter is beyond the jurisdiction
of State Legislature.
 If extra costs are incurred in fulfilling such powers and
duties, they will be compensated by the Union. The
amount will be decided through mutual agreement, and
if there is no agreement, it will be determined by an
arbitrator appointed by the Chief Justice of India.
 Article 365: Effect of failure to comply with, or to give
effect to, directions given by the Union.—Where any
State has failed to comply with, or to give effect to,
any directions given in the exercise of the executive
power of the Union under any of the provisions of this
Constitution, it shall be lawful for the President to
hold that a situation has arisen in which the
Government of the State cannot be carried on in
accordance with the provisions of this Constitution.

 Appointment of Governor

 All India Services (AIS)

 FINANCIAL RELATIONS
 Part XII from Articles 264-293

 Distribution of Revenues between the Union and the

States:
 Article 268- Duties levied by the Union but collected and
appropriated by the States. (Stamp Duties)
 Article 269- Taxes levied and collected by the Union but
assigned to the States.
 Taxes on the sale or purchase of goods and taxes on the
consignment of goods.
 Article 269A- Levy and collection of goods and services tax in
course of inter-State trade or commerce.
 Article 270- Taxes levied and distributed between the Union
and the States.
 All Taxes except duties and taxes referred in Article 268, 269, &
269A.
 Article 271: Surcharge on certain duties and taxes for
purposes of the Union.
 In spite of anything in articles 269 and 270, Parliament at any time
increase the duties or taxes referred in those articles.

 Taxes Levied and Collected and Retained by the States:

 They are enumerated in the state list and are 18 in number.
 (i) land revenue; (ii) taxes on agricultural income; (iii) duties in
respect of succession to agricultural land; (iv) estate duty in respect
of agricultural land; (v) taxes on lands and buildings; (vi) taxes on
mineral rights; (vii) Duties of excise on alcoholic liquors for human
consumption; etc.,

 Article 275- Grants from the Union to certain States:

 empowers the Parliament to make grants to the states which are in
need of financial assistance.

 Article 282- empowers both the Centre and the states to make
any grants for any public purpose, even if it is not within
their respective legislative competence.
 Goods and Services Tax Council:
 101st Amendment Act of 2016
 Article 279-A empowered the President to constitute a GST Council by
an order.

 Article 280- Formation of Finance Commission:

 It is constituted by the President every fifth year or even earlier
 COOPERATIVE FEDERALISM
 7th Schedule

 All India Services

 Zonal Councils:
 central, north, south, east and west

 NITI Aayog

 GST
 Challenges:
 Over-Centralisation
 Regionalism
 President’s Rule
 Taxation