constitution of india constitution of india

1. Powers of State Governor in Indian Constitution
Article 157 in The Constitution of India 1949 says that no person shall be eligible for
appointment as Governor unless he is a citizen of India and has completed the age of thirty
five years. Governor is also the chief executive head of the state, who exercises his function
in accordance with the advice of council of ministers of the state concerned. In addition to
this, the governor holds dual role as he functions as an agent of central government also.
Article 157 in The Constitution of India 1949 says that no person shall be eligible for
appointment as Governor unless he is a citizen of India and has completed the age of thirty five
years. Governor is also the chief executive head of the state, who exercises his function in
accordance with the advice of council of ministers of the state concerned. In addition to this, the
governor holds dual role as he functions as an agent of central government also.
Under Article 153 there shall be Governor of each state and also nothing in this article shall
prevent the appointment of the same person to be appointed as Governor of two or more states.
The executive power of the state shall be vested in the Governor and shall be exercised by him
directly or through officers subordinate to him.
Appointment of Governor
Qualification for appointment as governor (Article 157) –
The constitution has laid down following qualifications to be appointed as Governor:
• No person shall be eligible to be appointed as Governor unless he is citizen of India
• He should have completed the age of 35 years.
• He should be such a person who is outside the state so as to not indulge in local politics
• When the same person is appointed as governor for 2 or more states, the emoluments and
allowances payable to the Governor shall be allocated among the states in such a manner as the
President by order determine.
• The emoluments and allowances of the Governor shall not be diminished during his term of
office.
Powers of Governor
The Governor of the state shall possess executive, legislative, financial and judicial powers. But
he does not possess diplomatic, military or emergency powers which President of India has.
The powers and functions of Governor can be classified under following heads:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
Executive Powers
As stated above the executive powers refer to those powers which are exercised by the council of
ministers in the name of Governor. Hence Governor is only nominal head and council of

2. ministers is the real executive. The following posts are appointed by Governor and hold office
during his term: Chief Minister of the state, other ministers of the state on the advice of Chief
Minister, Advocate General. He can recommend the imposition of constitutional emergency in a
state to the President. During the period of President’s rule in a state, the governor enjoys
extensive executive powers as an agent of the President.
Legislative Powers:
This power of Governor can be classified further in to 2 sub groups i.e. wrt to bills and wrt
legislature.
With Respect to Bills
• When a bill other than money bill is presented before Governor for his assent, he either gives
assent to the bill, with hold his assent to the bill, return the bill for reconsideration of houses, but
if the bill is passed again by state legislature with or without amendments, he has to give his
assent or reserve the bill for consideration of President.
However, the Governor also cannot send money bill back for reconsideration. This is because the
money bill would usually be introduced with prior assent of Governor only. In case the money
bill reserved for Presidents assent, the President has to state whether he is giving assent or
withholding his assent.
With Respect to Legislature:
He has the power to summon, prorogue the state legislature and can also dissolve the legislative
assembly when it loses the confidence (art 176).
Financial Powers
• He lays before the legislature annual financial statement (state budget)
• Money bill can only be introduced in state legislature on his prior recommendation
• No demand for grant can be made except on his recommendation
• Money from contingency fund can be withdrawn after his recommendation for meeting the
unforeseen expenditures
• He constitutes finance commission for every 5 years to review the financial situation of
municipality and panchayats.
Judicial Powers –
President consults the Governor of the concerned state while making appointment to the judges
of State High Court.
Pardoning powers-
He has the below pardoning powers against any offences to which state power extends.
 Pardon- completely absolve the offender
 Reprieve- stay on execution of sentence
 Respite-awarding lesser punishment in some special circumstances
 Remission- reduction of sentence without changing the character
 Commutation-substitution of one form with other
Discretionary Powers-

3. Ordinance making power
Removal of Governor
 President in effect of central government has the power to remove governor of any state at any
time even without giving any reasons for his removal
 However this power cannot be exercised in arbitrary manner. It is to be exercised in rare and
exceptional circumstances for valid and compelling reasons
 The mere reason that Governor is at variance with the policies and ideologies of the central
government or central government has lost confidence in him cannot be the reason for his
removal.
 Change in central government cannot be the reason for his removal
 The decision to remove a Governor can be challenged in any court of law. The court in any case
required can ask the central government to produce the materials on the basis of which the
decision was made to verify the presence of compelling reasons.
Chief Minister in India: Appointment, Powers and Functions
The Governor is a state's de jure head, but de facto executive authority rests with the Chief
Minister. So, Chief Minister is the real executive of the Government. Article 164 of the
Constitution says that the Chief Minister shall be appointed by the governor.
After the abolition of the article 370 from the Indian Constitution now the number of sates in
India remained 28 while the number of Union territories (UTs) has increased to 9. There are 3
UTs (Delhi, Puducherry and Jammu & Kashmir) that have bicameral legislative assemblies.

4. Appointment of Chief Minister
Our constitution does not specifically mention about the qualification to be appointed as Chief
Minister (CM). Article 164 of the Constitution envisages that the Chief Minister shall be
appointed by the governor. However, this does not imply that the governor is free to appoint
anyone as the Chief Minister of the state or UT.
Powers and functions of the Chief Minister
The powers and functions of CM can be classified under following heads:
• With respect to council of ministers –
The following are the powers of CM with respect to state council of ministers –
1). He advises the Governor to appoint any person as a minister. It is only according to the
advice of CM the Governor appoints ministers.
2). Allocation and reshuffling of portfolios among ministers.
3). In case of difference of opinion; he can ask minister to resign.
4). Directs, guides and controls activities of all the ministers.
5). If the Chief Minister resigns then full cabinet has to resign.
With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link between Governor and
state council of ministers. The functions with respect to the Governor are as follows:
1). CM has to communicate to the Governor all the decisions of the council of ministers relating
to the administration of the states.
2). Whenever the Governor calls for any information relating to the decisions taken or regarding
the administration, the CM has to provide him the same
3). The Governor can ask for consideration of council of ministers when a decision has been
taken without the consideration of the cabinet.
4). CM advises Governor regarding the appointment of important officials like Attorney General,
State Public Service Commission (Chairman and Members), State Election Commission etc.
• With Respect to State Legislature –
1) All the policies are announced by him on the floor of the house.
2) He recommends dissolution of legislative assembly to the Governor.
3) He advises the Governor regarding summoning, proroguing the sessions of State Legislative
Assembly from time to time.
• Other Functions
1) At the ground level he is the authority to be in contact with the people regularly and know
about their problems so as to bring about policies on the floor of the assembly.
2) He acts as the chairman of State Planning Commission.
3) He is the vice chairman of concerned zonal council in rotation for a period of one year.
4) During emergencies he acts as the crisis manager in the state.
S from the above explanation it can be concluded that the Chief Minister of a state has wide
range of functions. He is the leader of the MLAs elected by the general public of the state.

5. Chief Minister (India)
In the Republic of India, a chief minister is the elected head of government of the
each state out of 28 states and sometimes a union territory (currently, only the UTs
of Delhi and Puducherry have serving Chief Ministers). According to
the Constitution of India, the Governor is a state's head, but de facto executive
authority rests with the chief minister.
Following elections to the State Legislative Assembly (Vidhan Sabha) in a state,
the state's governor usually invites the party (or coalition) with a majority of seats
to form the government. The governor appoints and swears in the chief minister,
whose Council of Ministers are collectively responsible to the assembly. Based on
the Westminster system, given that he retains the confidence of the assembly, the
chief minister's term can last for the length of the assembly's life—a maximum of
five years. There are no limits to the number of terms that the chief minister can
serve. A chief minister heads a state government's council of ministers and can be
deputed in that role by a deputy chief minister.
Selection process
Eligibility

6. The Constitution of India sets the principle qualifications one must meet to be
eligible to the office of the chief minister. A chief minister must be:
 a citizen of India.
 should be a member of the state legislature. If a person is elected chief minister
who is not a member of the legislature, then he/she must take sign from
governor.
 of 25 years of age or more.
An individual who is not a member of the legislature can be considered as the chief
minister provided he/she gets himself/herself elected to the State Legislature within
six months from the date of their appointment. Failing which, he/she would cease
to be the chief minister.
Election
The chief minister is elected through a majority in the state legislative assembly.
This is procedurally established by the vote of confidence in the legislative
assembly, as suggested by the governor of the state who is the appointing
authority. They are elected for five years. The chief minister shall hold office
during the pleasure of the governor.
Oath
Since, according to the constitution, the chief minister is appointed by the
governor, the swearing in is done before the governor of the state.
The oath of office.
I, do swear in the name of God/solemnly affirm that I will bear true faith and
allegiance to the Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India, that I will faithfully and conscientiously
discharge my duties as a Minister for the State of and that I will do right to all
manner of people in accordance with the Constitution and the law without fear or
favour, affection or ill-will.
— Constitution of India, Schedule3, Para 5
The oath of secrecy
I, <Name of Minister>, do swear in the name of God/solemnly affirm that I will
not directly or indirectly communicate or reveal to any person or persons any
matter which shall be brought under my consideration or shall become known to
me as a Minister for the State of <Name of the State> except as may be required
for the due discharge of my duties as such Minister.
— Constitution of India, Schedule3, Para 6
Resignation

7. In the event of a Chief Minister's resignation, which conventionally occurs after a
general election or during a phase of assembly majority transition, the outgoing
Chief minister holds the informal title of "caretaker" chief minister until the
Governor either appoints a new chief minister or dissolves the assembly. Since the
post is not constitutionally defined, the caretaker chief minister enjoys all the
powers a regular chief minister, but cannot to make any major policy decisions or
cabinet changes during his/her short tenure as caretaker.
Remuneration
By Article 164 of the constitution of India, remuneration of the chief minister as
well as other ministers are to be decided by the respective state legislatures. Until
the legislature of the state decides salary, it shall be as specified in the second
schedule. The salaries thus vary from state to state. As of 2019, the highest salary
is drawn by chief ministers of Telangana, which is ₹410,000 (US$5,700) and
lowest by the chief ministers of Tripura which is ₹105,500 (US$1,500) legally.
Deputy chief minister
Various states throughout the history have appointed Deputy Chief Ministers.
Despite being not mentioned in the constitution or law, the Deputy-Chief minister
office is often used to pacify factions within the party or coalition. It is similar to
the rarely used Deputy-Prime minister post in Central government of India. During
the absence of the Chief minister, the deputy-CM may chair cabinet meetings and
lead the Assembly majority. Various deputy chief ministers have also taken the
oath of secrecy in line with the one that chief minister takes. This oath has also
sparked controversies.
State Council of Ministers: Formation,
Categories and Other Details
State Council of Ministers: Formation, Categoriesand Other Details!
The Constitution of India provides for a parliamentary system of government at the
state level. The Governor acts as the constitutional and nominal executive head of
the state. The real executive powers are in the hands of the State Council of
Ministers headed by the Chief Minister. The Constitution provides for each state a
Council of Ministers with the Chief Minister as its head for aiding and advising the
Governor in the exercise of his functions. However, in reality the Chief Minister
and his Council of Ministers act as the real executive in the State.

8. 1. Formationof the State Council of Ministers:
The procedure for the formation of the Council of Ministers at the state level is the
same as in the case of the Union Council of Ministers. After each general election,
the party or the group which secures majority in the State Legislative Assembly
elects its leader. The Governor then summons him to form the ministry.
In other words, the leader of the majority in the State Legislative Assembly is
appointed as the Chief Minister who selects his team of ministers. He submits the
list to the Governor who formally appoints them as ministers. Normally, all
ministers are taken from the members of the state legislature.
However, the Chief Minister can appoint even a non-member of the Assembly as a
minister. But such a person has to secure a seat in the state legislature within a
period of six months from the date of his appointment as minister. In case he fails
to do so, he has to resign his minister-ship.
The strength of the State Council of Ministers cannot be more than 15% of the
strength of State Legislative Assembly. Orissa Assembly has 147 members. As
such the maximum strength of Orissa Council of Ministers can be 22. In May
2009, the Biju Janata Dal (BJD) President Naveen Pattnaik was sworn in as the
Chief Minister of Orissa for the third consecutive term. A 21-member Council of
Ministers was formed.
2. Categories ofMinisters in the State Council of Ministers:
(a) Cabinet Ministers:
Cabinet Ministers are those ministers who are given cabinet rank. They hold
independent charge of the important departments, like finance, Local Bodies, home
affairs, health etc. They together determine the policies of the state. The CM and
the cabinet ministers together constitute the State Cabinet. It is the most powerful
part of the State Council of Ministers.
(b) Ministers of State:
They enjoy number two status in the Ministry. They do not attend the meetings of
the Cabinet. They help the cabinet ministers and are attached to them in their
departments. Currently, several Parliamentary Secretaries are appointed by the
Chief Minister from amongst his party MLAs.

9. It is done to please them without violating legal condition which limits the
maximum size of the state ministry to 15% of the total strength of State Legislative
Assembly. The Parliamentary Secretaries do not get any salary. However, they
enjoy some parks and perform some functions for the departments to which they
are attached.
3. Tenure:
Theoretically the ministers hold office during the pleasure of the Governor. It
means so long as they continue to have a majority support in the State Legislative
Assembly. In fact they hold office during the pleasure of the Chief Minister. The
Chief Minister can ask any minister to resign and his desire is always fulfilled by
the concerned minister. If he resists, the Chief Minister can advise the Governor to
dismiss him. The Governor always accepts such an advice. The Chief Minister can
cause the fall of the ministry by tendering his own resignation to the Governor. As
such virtually a minister holds office so long as he enjoys the confidence of the
Chief Minister.
4. Responsibility of State Council of Ministers to the State Legislative
Assembly:
The ministers are individually responsible to the State Legislature Assembly. In
case the latter passes a censure motion against a minister for any lapse in the
working of his department, he has to resign from office. A minister remains in
office only so long as he enjoys the confidence of majority in the State Legislative
Assembly.
The State Council of Ministers is also collectively responsible before the State
Legislative Assembly. In case the latter passes a vote of no-confidence against the
Council of Ministers or against the Chief Minister or rejects any bill sponsored by
the Ministry or rejects the budget of the Government, or rejects any policy of the
Government, or cuts the funds of the state government, the entire Council of
Ministers resigns. The Council of Ministers remains in office so long as it enjoys
the supportand confidence of the majority in the State Legislative Assembly.
5. Powers andFunctions of the State Council of Ministers:
The State Council of Ministers is the real executive of the state. It exercises vast
executive powers.
(a) Formulation of State Policies:

10. The Council of Ministers in reality the state cabinet has the responsibility of
formulating the policies of the state. All the policies are discussed and decided
upon the State Cabinet (Not by the entire Council of Ministers.)
(b) Running of Administration:
The State Council of Ministers runs the state administration. The ministers are
responsible for this work. They do so in accordance with the policies of the
government as approved and passed by the state legislature. Their duty is to see
and ensure that the administration of the state is run in accordance with these
policies. Each minister has one or more departments under his control and he is
responsible for the administration of these.
(c) Co-ordination Function:
The State Cabinet is also responsible for securing co-ordination in the working of
various governmental departments. It has the responsibility to resolve conflicts and
deadlocks between various departments. All the ministers are committed to follow
the decisions of the cabinet.
(d) Appointment-making Powers:
The Cabinet makes all important appointments in the state. The appointments of
the Advocate General, Vice Chancellors or Pro-Vice Chancellors (as in case of
Punjab) of the Universities in a state, Chairman and members of the State Public
Service Commission, Chairmen of various Corporations and Boards, etc., are all
made by the Governor on the advice of the Chief Minister and his Council of
Ministers.
(e) Role in Law-making:
Law-making is the function of the state legislature but the ministers plays a key
role in this sphere. It is the ministry which really decides the legislative agenda.
Most of the bills, nearly 95%, are introduced and piloted by the ministers in the
state legislature. The bills moved by the ministers are mostly passed by the
legislature because the ministry enjoys the support of the majority. A private
member bill has little chance of getting passed, unless it is supported by the
ministry.
When the state legislature is not in session, the Council of Ministers can satisfy the
need for law-making by getting ordinances issued from the Governor. These
ordinances have the force of law and can be got converted into laws from the State

11. Legislature when it comes into session. The Governor, summons, prorogues and
dissolves the state legislature upon the advice of the Chief Minister and his Council
of Ministers. Thus, the Council of Ministers plays an important role in law-making
process.
(f) Financial Functions:
The Council of Ministers manages the finances of the state. The Cabinet really
determines the fiscal policies of the state. It formulates and implements all
developmental policies and plans. It manages the finances of the state in
accordance with the policies and budget as prepared by the State Council of
Ministers and approved by the state legislature.
6. Positionof the State Council of Ministers:
As the real executive, the State Council of Ministers enjoys a dominant and
powerful position. It “is the strongest and the most powerful institution in the state.
It really runs the state administration by exercising all the powers vested in the
Governor of the state. However, in an emergency under Article 356, the Governor
runs the administration of the state independently and without the help and
presence of State Council of Ministers.
State Legislature: Organisation, Powers and
Limitations on the Powers of State Legislature
State Legislature: Organisation, Powers and Limitations on the Powers of
State Legislature!
I. State Legislature:

12. The Constitution of India provides for a legislature in each State and entrusts it
with the responsibility to make laws for the state. However, the composition of a
state Legislature can be different in different states. It can be either bicameral or
unicameral. Presently, only six states (Andhra Pradesh, Bihar, J&K, Karnataka
Maharashtra and UP) have bi-cameral legislatures. Twenty two States and Two
Union Territories (Delhi and Puducherry) have uni-cameral Legislatures.
In case of a bicameral state legislature, the upper house is known as State
Legislative Council (Vidhan Parishad) and the lower house as the State Legislative
Assembly (Vidhan Sabha). Where there is only one House of the State Legislature,
it is known as the State Legislative Assembly. Orissa has a unicameral legislature
with Orissa Legislative Assembly as its all powerful house.
(I) Method of Abolition or Creationof a State Legislative Council:
The power to establish or abolish the Legislative Council in a state belongs to the
Union Parliament. It can do it by enacting a law. The Parliament, however, acts
when the Legislative Assembly of the concerned state passes a desired resolution
by a majority of its total membership and by a majority of not less than two-thirds
of the members of the State Legislative Assembly present and voting.
Organisation of a State Legislature:
(A) Compositionof the State Legislative Assembly (Vidhan Sabha):
The State Legislative Assembly, popularly known as Vidhan Sabha, is the lower,
directly elected, popular and powerful house of the state legislature. Its
membership is in proportion to the population of the state and hence it differs from
state to state. The members are directly elected by the people of the state through a
secret ballot, simple majority vote victory and single member territorial
constituency system. Orissa Legislative Assembly has 147 members.
A citizen of India, who is not less than 25 years of age and who fulfills every other
qualification as laid down by a law can become its member by winning an election
from any constituency in the state. However, no person can simultaneously be a
member of two Houses of the Parliament or of any other State Legislature.
The normal term of Legislative is 5 years. However, it can be dissolved by the
Governor at any time. It can be suspended or dissolved when an emergency under
Art. 356 is proclaimed in the state. In May 2009, in the Orissa Legislative

13. Assembly elections the BJD won 103 seats while the Congress got 26, the BJP 6
and independents and other 12 seats.
(B) Compositionof State Legislative Council:
At present only 6 States — Andhra Pradesh, UP, Maharashtra, Karnataka, J&K
and Bihar—have Legislative Councils. The popular name of the State Legislative
Council is Vidhan Parishad. The total membership of a Legislative council cannot
be normally less than 40 and more than l/3rd of the total membership of the State
Legislative Assembly.
Andhra Pradesh Vidhan Parishad has 90 members UP Vidhan Parishad 100,
Maharashtra Vidhan Parishad 78, J&K Vidhan Parishad 36, Bihar Vidhan Parishad
75 and Karnataka Vidhan Parishad 75 members. The membership of Vidhan
Parishad includes elected as well as nominated representatives from several types
of constituencies.
The following formula is used:
(i) 1/3rd members are elected by the members of State Legislative Assembly.
(ii) 1/3rd members are elected by local bodies of the state.
(iii) 1/12th members are elected by teachers of at least three years standing,
serving educational institutions of the state.
(iv) 1/12 members are elected by state university graduates of not less than three
years-standing.
(v) 1/6th members are nominated by the Governor of the state.
Any citizen of India who is not less than 30 years of age, who possesses all the
qualifications as laid down by the Parliament, who is not a member of any other
legislature or Union Parliament can become a member of the State Legislative
Council either by winning an election or by securing Governor’s nomination.
Legislative council is a semi-permanent House. It is never dissolved as a whole.
1/3rd of its members retire after every 2 years. Each member has a term of 6 years.
Powers and Functionsof a State Legislature:
Each State Legislature exercises law-making powers over the subjects of the State
List and the Concurrent List. In case a state has a unicameral legislature, i.e., in

14. case it has only State Legislative Assembly, all the powers are exercised by it.
However, even in case it is a bicameral state legislature with state Legislative
Council (Vidhan Parishad) as the upper house and state Legislative Assembly as
the lower house, almost all the powers are exercised by the latter. The Legislative
Council plays only a secondaryand minor role.
Powers ofState Legislature:
1. Legislative Powers:
The State Legislature can make laws on the subjects of the State List and the
Concurrent List. It can enact any bill on any subject of State List, which becomes
an Act with the signatures of the Governor. Normally, the Governor acts as a
nominal and constitutional head and as such follows the advice of the State Chief
Minister and his Council of Ministers.
However, he can reserve some bills passed by the State Legislature for the
approval of the President of India. Further, in case a law made by the State
Legislature on a concurrent subject comes into conflict with a Union Law on the
same subject, the latter gets precedence over the former. In ordinary law-making,
both the Houses (Legislative Assembly and Legislative Council wherever these
exist together) have co-equal powers. In practice the
Legislative Assembly dominates the law-making work. Most of the non-money
ordinary bills are introduced in the Legislative Assembly and it plays a major role
in their passing. The Legislative Council acts only as a revising and delaying
second chamber.
A bill passed by the Legislative Assembly and rejected by the Legislative
Assembly or not decided upon by the latter within 3 months, when re-passed by the
Legislative Assembly becomes an Act after the expiry of one month from the date
on which it was sent to the Legislative Council a second time.
A bill first passed by the Legislative Council becomes an Act only when it gets the
approval of the Legislative Assembly. Thus, Legislative Council can only delay the
passing of an ordinary bill by a maximum of 4 months. In case the State
Legislature is a unicameral body, all the law-making powers are exercised by the
Legislative Assembly.
2. Financial Powers:

15. The State Legislature has the power to levy taxes in respect of all subjects of the
State List. It is the custodian of the finances of the state. Mo revenue can be
collected or tax can be levied or collected by the state government without the
consent of the State Legislature. The budget and all other financial policies and
programmes of the state government become operational only after getting an
approval from the State Legislature.
However, in emergencies declared under Articles 352, or 356 or 360, the financial
powers of the state become subordinate to the Union. When the state is under a
constitutional emergency (Art. 356), the State Legislature stands either suspended
or dissolved. In this situation, the financial powers for the state are exercised by the
Union Parliament.
When a State Legislature is unicameral, all the financial powers are naturally
exercised by the Legislative Assembly. However, even when it is bi-cameral, the
real financial powers are in the hands of the Legislative Assembly. A money bill
can be introduced only in the Legislative Assembly and after passage it goes to the
Legislative Council.
The latter can delay its passage for only 14 days. In case, it rejects or amends the
bill, the decision of the Legislative Assembly prevails. When the Legislative
Council returns a financial bill to the Legislative Assembly with some
amendments, it is the power of the Legislative Assembly to accept or reject these.
Thus, in respect of financial powers, the real authority is in the hands of the State
Legislative Assembly.
3. Powerto control the Executive:
Control over the State Council of Ministers is exercised by the State Legislative
Assembly. Little role has been assigned to the State Legislative Council. The State
Chief Minister is the leader of majority in the State Legislative Assembly. The
State Council of Ministers is collectively responsible before the Legislative
Assembly.
The latter can cause the fall of the ministry by passing a vote of no-confidence or
by rejecting a bill or policy or budget sponsored by the Council of Ministers. The
State Legislative Council can exercise only a limited control over the ministry by
putting questions and supplementary questions to the ministers.

16. 4. Other Powers:
The State Legislature, particularly its Legislative Assembly, exercises several other
powers. The elected members of the Legislative Assembly (MLAs) participate in
the election of the President of India. They also elect representatives of the state in
the Rajya Sabha. Certain constitutional amendments can be made by the Union
Parliament only with the ratification by at least half of the State Legislatures.
The state legislature considers the reports of the State Public Service Commission,
State Auditor General, and others. It also acts as a forum for ventilation of the
grievances of the people. The State Legislative Assembly has the right of adopting
a resolution for the creation or abolition of the State Legislative Council.
Position of a State Legislature:
The State Legislature occupies the same position in a state as is the position of the
Parliament in the Union. There is, however, a difference of degree in their relative
powers. Indian Unitarian Federalism makes the Union Parliament more powerful
than each state legislature. Further, there are several specific limitations on the
powers of a state legislature.
SomeLimitationson the Powers of State Legislature:
(1) Prior consent of the Presidentof India for introduction of some Bills:
There are certain bills which can be introduced in a state legislature only with the
prior consent of the President of. India.
(2) Reservationof bills by the Governorfor President’s Assent:
There are certain bills, which after having been passed by the state legislature, can
be reserved by the Governor for the consent of the President. Such bills become
laws only after the President has given his assent.
(3) Limitation that can be imposed by the Rajya Sabha:
The Union Parliament gets the power to pass laws on the State List, (for one year)
if the Rajya Sabha adopts a resolution (supported by 2/3rd majority of the members
present and voting) and declares a state subject mentioned in the resolution as a
subject of national importance.
(4) Limitations during national Emergency:

17. When a national emergency (Under Art. 352) is in operation, the Parliament is
empowered to pass a law on any subject of the State List. The law so passed
operates during the period of emergency and for six months after the end of the
emergency.
(5) Limitations during a Constitutional Emergency:
During the operation of constitutional emergency in a state under Art 356, the
Union Parliament gets the authority of making laws for that state. The State
Legislature stands either dissolved or suspended.
(6) DiscretionaryPowers ofthe Governor:
Discretionary powers of the Governor of a state also constitute a limitation on the
State Legislature. Whenever he acts in his discretion, he is beyond the jurisdiction
of the State Legislature. Acting in his discretion, the Governor can even dissolve
the State Legislative Assembly.
(7) PrecedenceofUnion Laws on the Concurrent Subject:
They State Legislature and the Union Parliament, both have the concurrent power
to make laws on the subjects of the Concurrent List. If both the Union Parliament
and a State Legislature pass a law on the same subject of the Concurrent List and
there is inconsistency between the two, the law passed by the Union Parliament
gets precedenceover the correspondingstate law.
Thus each state legislature in India exercises law-making powers over the subjects
given to it by the Constitution. However, even in respect of these, it exercises law-
making powers under the above constitutional limitations. Nevertheless in general
the State Legislatures act as important and powerful legislatures in all the 28 States
and 2 Union Territories of India.

18. Status of Union Territories in the Indian Union
Introduction
India is a federal polity with two types of constituent units - states and union territories. Together
these comprise the current areal extent of the country. There are 29 states and 7 union territories.
These seven are listed as under:
1. Andaman and Nicobar Islands
2. Lakshwadeep Islands
3. Dadra and Nagar Haveli
4. Daman and Diu
5. Puducherry
6. Chandigarh
7. National Capital Territory of Delhi
What is a union territory?
Article 1 of the Constitution of India says that the territory of India comprises three categories of
territories:
1. States
2. Union Territories
3. Territories that may be acquired by the Government of India at any time.
Union territories are thus, constitutionally recognised segments of the Indian polity. They are
directly under the control of the Centre and are thus also called centrally administered territories .
They represent a unique relationship in the federal setup of India.

19. What are the origins of union territories ?
The concept of territories administered by the Centre extends to the pre-Independence era. In
1874, certain areas were constituted as scheduled districts. These later came to be known as
Chief Commissioners provinces that were essentially administered by a Chief Commissioner
directly responsible to the Governor General/Viceroy of India.
When the country became independent, the various territories that came to create the Union of
India were divided into four categories - Part A, B, C and D. There was no recognition of States
and Union Territories as separate. Most of the provinces under Part C and D were the erstwhile
Chief Commissioners provinces. These were later reconstituted under the Seventh Constitutional
Amendment Act, 1956 and States Reorganisation Act, 1956 as Union territories.
In 1956, there were six union territories - Andaman and Nicobar Islands, Delhi, Himachal
Pradesh, Manipur, Tripura and Laccadive, Minicoy and Amindivi Islands. Note, the absence of
various territories like Dadra and Nagar Haveli, Daman and Diu and Puducherry. These regions
gained independence from their imperial powers later and were then added as union territories.
Also, note that present-day states like Himachal Pradesh, Manipur and Tripura were earlier listed
as Union Territories. These were elevated to the status of states to provide for more democratic
governance by a government elected by the local populace. The following table shows the year
of formation of the union territories:
Andaman and Nicobar Islands 1956
Lakshwadeep 1956
NCT of Delhi 1956
Dadra and Nagar Haveli 1961
Daman and Diu 1962
Puducherry 1962
Chandigarh 1966
What is the reason behind the creation of present-day Union territories?
The seven union territories in present-day India have been created due to a number of reasons:
1. Strategic Importance - Andaman and Nicobar Islands, Lakshwadeep
2. Cultural Distinctiveness - Dadra and Nagar Haveli, Daman and Diu and Puducherry

20. 3. Political and Administrative Reasons - Chandigarh and National Capital Territory of
Delhi
The states of Manipur and Tripura had been made Union territories due to the special treatment
required for the people residing in these regions. Today, parts of these states come under
Schedule areas either in Schedule V or VI.
What is the relation of the Centre to the Union Territories?
The Centre has powers to administer the Union territories. Hence, under Article 239 the
President appoints an administrator to act as the head the union territory's executive. The
administrator's position is quite distinct from the position of a Governor of a State. He/ She does
not have the discretion accorded to the Governor, whose is an independent position under the
Constitution. The President can also appoint the Governor of a neighbouring state as the
administrator of a Union Territory. The administrator is either called a Lieutenant Governor or
Administrator in different union territories.
Under Article 240, President has the power to make regulations for the peace, progress and good
governance of Andaman and Nicobar Islands, Lakshwadeep, Dadra and Nagar Haveli, Daman
and Diu and Puducherry. In case of Puducherry, the President can make a regulation to legislate
only when the assembly is suspended or dissolved.
The Union territories, except Puducherry and Delhi, do not have any legislatures of their own.
Thus, the power to make laws on any of the subjects under all lists mentioned in the Seventh
Schedule resides with the Parliament. This power also covers Puducherry and Delhi.
The Ministry of Home Affairs at the Centre is the nodal ministry for all matters related to Union
Territories relating to legislation, finance and budget, services and appointment of
Administrators. All the five union territories without a legislature have the forum of Home
Minister's Advisory Committee (HMAC) to discuss general issues related to social and economic
development.
Under Article 239AB, in case of failure of Constitutional machinery in the case of NCT of Delhi,
the President can suspend the operation of any provision of Article 239AA and make such
provisions as are necessary. for administering the NCT of Delhi under the Constitution. This is
similar to Article 356 with respect to states.
What are the provisions related to judicial matters pertaining to the Union Territories?
Article 241 states that the Parliament may by law constitute a High Court for a Union Territory
or declare any court in any territory to be a High Court for all or any of the purposes of the
Constitution.Only NCT of Delhi has a separate High Court.
Andaman and Nicobar Islands Calcutta High Court
Chandigarh Punjab and Haryana High Court

21. Dadra and nagar Haveli Bombay High Court
Daman and Diu Bombay High Court
NCT of Delhi Delhi High Court
Lakshwadeep Kerala High Court
Puducherry Madras High Court
What are the issues related to the status of NCT of Delhi?
The Constitution under Article 239AA mentions special provisions for the NCT of Delhi. These
provisions were inserted through the Sixty-ninth Constitutional Amendment Act. The article
provides for an elected legislature of 70 members directly elected by the people. The assembly
can make laws on all matters mentioned in the State List and the Concurrent List except land,
police and public order. Laws of the Parliament prevail over laws made by the assembly in all
cases except those where the law has been reserved for consideration of the President and has
received his assent.
There exist two outstanding issues related to the NCT of Delhi:
1. The exclusion of land, police and public order from the law-making powers of the
assembly curtails its efforts to provide a democratic option to its population and leaves
them at the mercy of the Union.
2. In case of a difference of opinion between the Lieutenant Governor and the Chief
Minister, the matter is referred to the President. However, if the matter requires
immediate action then the Lieutenant Governor can take what action he deems necessary.
This is in effect a complete abrogation of the powers of the elected representative i.e. the
Chief Minister. It has been argued that this provision is used by the Centre to bypass the
elected machinery at its own whims.
On the above matter pertaining to administrative control over Delhi, the High Court of Delhi has
given a judgement that the Lieutenant Governor and not the Chief Minister is the administrative
head of the Government of Delhi. This is in consonance with the Constitutional provisions.
However, an appeal has been made and the matter is sub judice in the Supreme Court of India.
Conclusion
Thus, as seen Union Territories have a position quite different from that of the states under the
Indian Union. While certain union territories do have legislatures, the ultimate authority, in either
case, remains the Centre. The situation of Delhi is unique because it also serves as the capital of
the nation and hence requires certain special provisions. The judgements of the Supreme Court,

22. pertaining to the matters of the administration of Delhi will be covered in detail in our current
affairs.

23. Indian Federal System – Political Science
Governments have been classified into Unitary and Federal based on distribution of power
between national and regional governments. In a federal set up there is a two tier of
Government with well assigned powers and functions. In this system the central government
and the governments of the region act within a well defined sphere, co-ordinate and at the same
time act independently.
The federal polity, in other words, provides a constitutional device for bringing unity in
diversity and for the achievement of common national goals. Hence, India was made a Federal
system of government.

24. Features of Indian Federalism
Features of Indian constitution that makes it federal are listed in the following points:
 Written Constitution: The most important feature of a federation is that it should have a
written constitution, so that both the Union Government as well as the State can refer to that
whenever conflict arises. The Constitution of India is a written and most elaborate Constitution
of the world.
 Supremacy of Constitution: The constitution is the supreme because both the union and the
states are given powers by the Constitution as to be independent in their spheres of
governance. Both make laws conforming to the provisions of constitution otherwise they can be
declaredinvalidbythe supremecourtthroughitspowerof judicial review.
 Rigid Constitution: The procedure of amending the Constitution in a federal system is normally
rigid. Indian Constitution provides that provisions regarding the federal attributes can be
amended by a special majority,i.e. such an amendment has to be passed by majority of total
members of each house of the Parliament as well as, by two-thirds majority of the members
present and voting there. Also, in addition to this process, such amendments must be approved
by at least50% of the states. Afterthis procedure the amendmentissignedbythe President.
 Division of Powers: In our Constitution, there is a clear division of powers so that none violates
its limits and tries to encroach upon the functions of the other and functions within own sphere
of responsibilities. There are three lists enumerated in the Seventh Schedule of constitution, –
the Union list, the State list and the Concurrent List. The Union List consists of 100 subjects of
national importance such as Defence, Railways, Post and Telegraph, etc. The State List consists
of 61 subjects of local interest such as Public Health, Police etc. The Concurrent List has 52
subjects important to both the Union and the State. Such as Electricity, Trade Union, Economic
and Social Planning,etc.
 Supremacy and Independence of the Judiciary: A very important feature of a federation is an
independent judiciary to interpret the Constitution and to maintain its sanctity. The Supreme
Court of India has the original jurisdiction to settle disputes between the Union and the States. It
can declare a lawas unconstitutional,if itcontravenesanyprovisionof the Constitution.
Nature of Indian federation
In spite of the fact that the Indian Constitution establishes a federal structure, it is indeed very
different then a true federation. The framers of the Constitution have modified the true nature of
Indian federation by incorporating certain unitary features in it. These are:
 The Constitution of India has federal features but it does not claim to be a federation. It calls
India a “Union of States”. Article I of the Constitution describes India as a ‘Union of States’,
which implies two things: firstly, it is not the result of an agreement among the States and

25. secondly, the States have no freedom to secede or separate from the Union. Besides, the
federationisaunionbecause itisindestructibleandhelps tomaintainthe unityof the country.
 The Centre appoints the Governors of the States who enjoys extensive powers in special
circumstances. Governor is the agent of the Centre in the States. In the past he Governor has
acted more as Centre’s representative than as the head of the State. This enables the Union
governmenttoexercisecontrol overthe State administration.
 Unequal representation in upper house: The equality of units in a federation is best guaranteed
by their equal representation in the Upper House of the federal legislature (Parliament).
However, this does not happen in case of Indian States. They have unequal representationin the
RajyaSabha.
 Appointment of important organization heads: All important appointments such as the Chief
Election Commissioner, the Comptroller and Auditor General are made by the Union
Government.
 Single citizenship: There is no provision for separate Constitutions for the states. The States
cannot propose amendments to, the Constitution. Amendments can only be made by the Union
Parliament.
 All India Services: In order to ensure uniformity of the administrative system and to maintain
minimum common administrative standards without impairing the federal system, All India
Servicessuchas IAS andIPS have beencreatedwhichare keptunderthe control of the Union.
 Emergency Provisions: During Financial Emergency, the Center exercises full control over the
State’s finances. In case of disturbances in any State or part thereof, the Union Government is
empowered to depute Central Force in the State or to the disturbed part of the State. In all
three types of emergencies; Centre is empowered to excercise full control over the state
machinery.
 Parliament control over state: It can make laws to increase or decrease the area of any State
and mayalter itsname and boundaries.Itmayaltersubjects’ nthe state listalso.
 Unified Judiciary: Contrary to the federal principle which has a dual system of Courts, India
has unified Judiciarywiththe Supreme Courtatthe apex.
Hence it can be concluded that the Constitution of India establishes a strong Centre by showering
all-important subjects to the Centre as per the Union List. The State Governments have limited
powers while largely being dependent on the Centre. Especially, the States are dependent on
the Centre financially. The States have to work in close co-operation with the Centre.

26. Panchayat Raj
A three-tier structure of the Indian administration for rural development is called Panchayati Raj.
The aim of the Panchayati Raj is to develop local self-governments in districts, zones and
villages.
Introductionto Panchayati Raj
Rural development is one of the main objectives of Panchayati Raj and this has been established
in all states of India except Nagaland, Meghalaya and Mizoram, in all Union Territories except
Delhi. and certain other areas. These areas include:
a. The scheduledareasandthe tribal areasin the states
b. The hill areaof Manipurfor whicha districtcouncil existsand
c. Darjeelingdistrictof WestBengal forwhichDarjeelingGorkhaHill Council exists
Evolution of Panchayati Raj
The Panchayati system in India is not purely a post-independence phenomenon. In fact, the
dominant political institution in rural India has been the village panchayat for centuries. In
ancient India, panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced socio-economic
changes had undermined the importance of the village panchayats. In the pre-independence
period, however, the panchayats were instruments for the dominance of the upper castes over the
rest of the village, which furthered the divide based on either the socio-economic status or the
caste hierarchy.
The evolution of the Panchayati Raj System, however, got a fillip after the attainment of
independence after the drafting of the Constitution. The Constitution of India in Article 40
enjoined: “The state shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-
government”.
There were a number of committees appointed by the Government of India to study the
implementation of self-government at the rural level and also recommend steps in achieving this
goal.
The committees appointed are as follows:
 BalwantRai MehtaCommittee
 AshokMehtaCommittee
 G V K Rao Committee
 L M Singhvi Committee
Balwant Rai Mehta Committee & Panchayati Raj
The committee was appointed in 1957, to examine and suggest measures for better working of
the Community Development Programme and the National Extension Service. The committee
suggested the establishment of a democratic decentralised local government which came to be
known as the Panchayati Raj.
Recommendations by the Committee:
 Three-tierPanchayati Raj system:GramPanchayat,PanchayatSamiti andZilaParishad.

27.  Directly elected representatives to constitute the gram panchayat and indirectly elected
representativestoconstitute the PanchayatSamiti andZilaParishad.
 Planninganddevelopmentare the primaryobjectivesof the Panchayati Raj system.
 Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and
supervisorybody.
 DistrictCollectortobe made the chairman of the ZilaParishad.
 It also requested for provisioning resources so as to help them discharge their duties and
responsibilities.
The Balwant Rai Mehta Committee further revitalised the development of panchayats in the
country, the report recommended that the Panchayati Raj institutions can play a substantial role
in community development programmes throughout the country. The objective of the Panchayats
thus was the democratic decentralisation through the effective participation of locals with the
help of well-planned programmes. Even the then Prime Minister of India, Pandit Jawaharlal
Nehru, defended the panchayat system by saying, “. . . authority and power must be given to the
people in the villages …. Let us give power to the panchayats.”
Ashok Mehta Committee & Panchayati Raj
The committee was appointed in 1977 to suggest measures to revive and strengthen the declining
Panchayati Raj system in India.
The key recommendations are:
 The three-tiersystemshould be replacedwithatwo-tiersystem:ZilaParishad(districtlevel) and
the Mandal Panchayat(a groupof villages).
 Districtlevel asthe firstlevel of supervisionafterthe state level.
 ZilaParishadshouldbe the executive bodyandresponsible forplanningatthe districtlevel.
 The institutions(ZilaParishadandthe Mandal Panchayat) tohave compulsorytaxationpowers
to mobilise theirownfinancial resources.
G V K Rao Committee & Panchayati Raj
The committee was appointed by the planning commission in 1985. It recognised that
development was not seen at the grassroot level due to bureaucratisation resulting in Panchayat
Raj institutions being addressed as ‘grass without roots’. Hence, it made some key
recommendations which are as follows:
 ZilaParishad to be the most importantbodyinthe scheme of democraticdecentralisation.Zila
Parishadto be the principal bodytomanage the developmentalprogrammesatthe district
level.
 The districtand the lowerlevelsof the Panchayati Raj systemtobe assigned withspecific
planning,implementationandmonitoringof the rural developmental programmes.
 Postof DistrictDevelopmentCommissionertobe created.He will be the chief executiveofficer
of the ZilaParishad.
 Electionstothe levelsof Panchayati Raj systemsshouldbe heldregularly.
L M Singhvi Committee & Panchayati Raj
The committee was appointed by the Government of India in 1986 with the main objective to
recommend steps to revitalise the Panchayati Raj systems for democracy and development. The
following recommendations were made by the committee:

28.  The committee recommendedthatthe Panchayati Raj systemsshouldbe constitutionally
recognised.Italsorecommendedconstitutional provisionstorecognise freeandfairelections
for the Panchayati Raj systems.
 The committee recommendedreorganisationof villagestomake the gram panchayatmore
viable.
 It recommendedthatvillage panchayatsshouldhave more financesfortheiractivities.
 Judicial tribunalstobe setupineach state to adjudicate mattersrelatingtothe electionstothe
Panchayati Raj institutionsandothermattersrelatingtotheirfunctioning.
All these things further the argument that panchayats can be very effective in identifying and
solving local problems, involve the people in the villages in the developmental activities,
improve the communication between different levels at which politics operates, develop
leadership skills and in short help the basic development in the states without making too many
structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj in 1959,
other states followed them later. Though there are variations among states, there are some
features that are common. In most of the states, for example, a three-tier structure including
panchayats at the village level, panchayat samitis at the block level and the zila parishads at the
district level-has been institutionalized. Due to the sustained effort of the civil society
organisations, intellectuals and progressive political leaders, the Parliament passed two
amendments to the Constitution – the 73rd
Constitution Amendment for rural local bodies
(panchayats) and the 74th
Constitution Amendment for urban local bodies (municipalities) making
them ‘institutions of self-government’. Within a year all the states passed their own acts in
conformity to the amended constitutional provisions.
73rd
Constitutional Amendment Act of 1992
Significance of the Act
 The Act addedPart IX to the Constitution,“The Panchayats”andalsoaddedthe Eleventh
Schedule whichconsistsof the 29 functional itemsof the panchayats.
 Part IX of the ConstitutioncontainsArticle243 to Article 243 O.
 The AmendmentActprovidesshape toArticle 40of the Constitution,(directive principlesof
state policy),whichdirectsthe state toorganise the villagepanchayatsandprovide them
powersandauthoritysothat theycan functionas self-government.
 Withthe Act,Panchayati Raj systemscome underthe purview of the justiciable partof the
Constitutionandmandatesstatestoadoptthe system.Further,the electionprocessinthe
Panchayati Raj institutionswill be heldindependentof the state government’swill.
 The Act has two parts:compulsoryandvoluntary.Compulsoryprovisionsmustbe addedtostate
laws,whichincludesthe creationof the new Panchayati Raj systems.Voluntaryprovisions,on
the otherhand,is the discretionof the state government.
 The Act is a verysignificantstepincreatingdemocraticinstitutionsatthe grassrootslevel inthe
country.The Acthas transformedthe representativedemocracyintoparticipatorydemocracy.
Salient Features of the Act
1. Gram Sabha: Gram Sabha isthe primarybodyof the Panchayati Raj system.Itisa village
assemblyconsistingof all the registeredvoterswithinthe areaof the panchayat.It will exercise
powersandperformsuchfunctionsasdeterminedbythe state legislature.Candidatescanrefer
to the functionsof gram panchayatand gram panchayatwork,on the governmentofficial
website –https://grammanchitra.gov.in/.

29. 2. Three-tiersystem:The Actprovidesforthe establishmentof the three-tiersystemof Panchayati
Raj inthe states(village,intermediate anddistrictlevel).Stateswithapopulationof lessthan20
lakhsmay notconstitute the intermediatelevel.
3. Electionof membersandchairperson:The memberstoall the levelsof the Panchayati Raj are
electeddirectlyandthe chairpersonstothe intermediateandthe district levelare elected
indirectlyfromthe electedmembersandatthe village level the Chairpersoniselectedas
determinedbythe state government.
4. Reservationof seats:
 For SC and ST: Reservationtobe providedatall the three tiersinaccordance withtheir
populationpercentage.
 For women:Notlessthanone-thirdof the total numberof seatstobe reservedfor
women,furthernotlessthanone-thirdof the total numberof officesforchairpersonat
all levelsof the panchayattobe reservedforwomen.
 The state legislaturesare alsogiventhe provisiontodecide onthe reservationof seats
inany level of panchayatoroffice of chairpersoninfavourof backwardclasses.
Durationof Panchayat: The Act providesfora five-yeartermof office toall the levels of the
panchayat.However,the panchayatcanbe dissolvedbeforethe completionof itsterm.Butfresh
electionstoconstitute the newpanchayatshall be completed –
 before the expiryof itsfive-yearduration.
 incase of dissolution,before the expiryof aperiodof six monthsfromthe date of its
dissolution.
Disqualification:A personshall be disqualifiedforbeingchosenasor forbeinga memberof
panchayatif he isso disqualified –
 Under anylawfor the time beinginforce forthe purpose of electionstothe legislature
of the state concerned.
 Under anylawmade bythe state legislature.However,nopersonshall be disqualified
on the groundthat he is lessthan25 yearsof age if he has attainedthe age of 21 years.
 Further,all questionsrelatingtodisqualificationshall be referredtoanauthority
determinedbythe state legislatures.
State electioncommission:
 The commissionisresponsibleforsuperintendence,directionandcontrol of the
preparationof electoral rollsandconductingelectionsforthe panchayat.
 The state legislature maymake provisionswithrespecttoall mattersrelatingto
electionstothe panchayats.
8. PowersandFunctions:The state legislaturemayendow the Panchayatswithsuchpowersand
authorityas maybe necessarytoenable themtofunctionasinstitutionsof self-government.
Such a scheme maycontainprovisionsrelatedtoGram Panchayat workwithrespectto:
 the preparationof plansforeconomicdevelopmentandsocial justice.
 the implementationof schemesforeconomicdevelopmentandsocial justice asmaybe
entrustedtothem,includingthose inrelationtothe 29 matterslistedinthe Eleventh
Schedule.
Finances:The state legislature may –
 Authorize apanchayatto levy,collectandappropriate taxes,duties,tollsandfees.
 Assigntoa panchayattaxes,duties,tollsandfeesleviedandcollectedbythe state
government.
 Provide formakinggrants-in-aidtothe panchayatsfromthe consolidatedfundof the
state.
 Provide forthe constitutionof fundsforcreditingall moneyof the panchayats.

30. 10. Finance Commission:The state finance commissionreviewsthe financial positionof the
panchayatsand providesrecommendationsforthe necessarystepstobe takento supplement
resourcestothe panchayat.
11. Auditof Accounts:State legislature maymake provisionsforthe maintenance andauditof
panchayataccounts.
12. ApplicationtoUnionTerritories:The Presidentmaydirectthe provisionsof the Actto be applied
on anyunionterritorysubjecttoexceptionsandmodificationshe specifies.
13. Exemptedstatesandareas:The Act doesnot applytothe statesof Nagaland,Meghalayaand
Mizoram andcertainotherareas. These areasinclude,
 The scheduledareasandthe tribal areasin the states
 The hill areaof Manipurfor whicha districtcouncil exists
 Darjeelingdistrictof WestBengal forwhichDarjeelingGorkhaHill Council exists.
However,Parliamentcanextend thisparttothese areassubjecttothe exceptionand
modificationitspecifies.Thus,the PESA Actwas enacted.
Continuance of existinglaw:All the state lawsrelatingtopanchayatsshall continue tobe in
force until the expiryof one yearfromthe commencementof thisAct.Inotherwords,the stateshave to
adoptthe newPanchayati raj systembasedonthisAct withinthe maximumperiodof one yearfrom24
April 1993, whichwasthe date of the commencementof thisAct.However,all the Panchayatsexisting
immediatelybefore the commencementof the Actshall continue tillthe expiryof theirterm, unless
dissolvedbythe state legislature sooner.
Bar to interference bycourts:The Actbars the courts from interferinginthe electoralmattersof
panchayats. It declaresthatthe validityof anylaw relatingtothe delimitationof constituenciesorthe
allotmentof seatstosuch constituenciescannotbe questionedinanycourt.It furtherlaysdownthat no
electiontoanypanchayatis to be questionedexceptbyanelectionpetitionpresentedtosuchauthority
and insuch manneras providedbythe state legislature.
PESA Act of 1996
The provisions of Part IX are not applicable to the Fifth Schedule areas. The Parliament can
extend this Part to such areas with modifications and exceptions as it may specify. Under these
provisions, Parliament enacted Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, popularly known as PESA Act or the extension act.
Objectives of the PESA Act:
1. To extendthe provisionsof PartIXto the scheduledareas.
2. To provide self-ruleforthe tribal population.
3. To have village governancewithparticipatorydemocracy.
4. To evolve participatorygovernance consistentwiththe traditional practices.
5. To preserve andsafeguardtraditionsandcustomsof tribal population.
6. To empowerpanchayatswithpowersconducive totribal requirements.
7. To preventpanchayatsata higherlevel fromassumingpowersandauthorityof panchayatsat a
lowerlevel.
As a result of these constitutional steps taken by the union and state governments, India has
moved towards what has been described as ‘multi-level federalism’, and more significantly, it
has widened the democratic base of the Indian polity. Before the amendments, the Indian
democratic structure through elected representatives was restricted to the two houses of
Parliament, state assemblies and certain union territories. The system has brought governance
and issue redressal to the grassroot levels in the country but there are other issues too. These
issues, if addressed, will go a long way in creating an environment where some of the basic
human rights are respected.

31. After the new generation of panchayats had started functioning, several issues have come to the
fore, which have a bearing on human rights. The important factor which has contributed to the
human rights situation vis-a-vis the panchayat system is the nature of Indian society, which of
course determines the nature of the state. Indian society is known for its inequality, social
hierarchy and the rich and poor divide. The social hierarchy is the result of the caste system,
which is unique to India. Therefore, caste and class are the two factors, which deserve attention
in this context.
Thus, the local governance system has challenged the age old practices of hierarchy in the rural
areas of the country particularly those related to caste, religion and discrimination against
women.
Who is the father of Panchayati Raj?
Balwant Rai Mehta was a parliamentarian who is credited for pioneering the concept of the
Panchayati Raj in India and was also known as the ‘Father of Panchayati Raj’.
What is the importance of Panchayati Raj?
Panchayati Raj institutes village local government that plays a significant role in the
development of villages especially in areas like primary education, health, agricultural
developments, women and child development and women participation in local government, etc.
Which state in India has no Panchayati Raj institution?
All states of India have Panchayati Raj systems except Nagaland, Meghalaya and Mizoram, in all
Union Territories except Delhi; and certain other areas.
What are the features of Panchayati Raj?
1. Gram Sabha: Gram Sabha isthe primarybodyof the Panchayati Raj system.Itisa village
assemblyconsistingof all the registeredvoterswithinthe areaof the panchayat.
2. Three TierSystem:village,intermediateanddistrictlevels.
3. Electionof membersandchairperson:The memberstoall the levelsof the Panchayati Raj are
electeddirectlyandthe chairpersonstothe intermediateandthe districtlevelsare elected
indirectly.

32. MunicipalCorporation(India)


A municipal corporation is a local government in India that administers urban areas
with a population of more than one million. The growing population and urbanization in
various cities of India were in need of a local governing body that can work for providing
necessary community services like health care, educational institution, housing,
transport etc. by collecting property tax and fixed grant from the State Government.
The 74th amendment act laid down the type of formations of urban local governments
and their activities.[1]
Other names for municipal corporations
Municipal corporations are referred to by different names in different states (due to
regional language variations), all of which are translated to "municipal corporation" in
English. These names include Nagar Nigam (in Delhi, Uttar
Pradesh, Uttarakhand, Bihar, Jharkhand, Rajasthan, and Haryana), Nagara
Nigama (in Punjab), Mahanagar Palika (in Goa and Maharashtra), Mahanagara
Palike (in Karnataka), Mahanagar Seva Sadan (in Gujarat), Pouro
Nigom (in Assam), Pouro Nigam (in West Bengal), Pur Porishod (in Tripura), Nagar
Palika Nigam (in Madhya Pradesh), Nagara Palaka Samstha (in Andhra
Pradesh and Telangana), Nagara Sabha (in Kerala) and Maanagaraatchi (in Tamil
Nadu).
The Vadodara Municipal Corporation of the city of Vadodara in Gujarat is typically called
by the name "Vadodara Mahanagar Seva Sadan" and the Greater Bengaluru Municipal
Corporation of the city of Bengaluru in Karnataka is typically called "Bruhat Bengaluru
Mahanagara Palike". The detailed structure of these urban bodies varies from state to
state, as per the laws passed by the state legislatures, but the basic structure and
function is almost the same.

33. Composition:
Administrative structure of India
The area administered by a municipal corporation is known as a municipal area. Each
municipal area is divided into territorial constituencies known as wards. A municipal
corporation is made up of a wards committee. Each ward has one seat in the wards
committee. Members are elected to the wards committee on the basis of adult franchise
for a term of five years. These members are known as councillors or corporators. The
number of wards in a municipal area is determined by the population of the city. Some
seats are reserved for scheduled castes, scheduled tribes, backward classes and
women.[1]
A state can choose to constitute additional committees to carry functions of urban local
governance, in addition to the wards committees. In addition to the councillors elected
from the wards, the legislature of a state may also choose to make provisions for the
representation of persons having special knowledge or experience in municipal
administration, the MPs or MLAs representing the constituencies which comprise wholly
or partly the municipal area, and/or the commissioners of additional committees that the
state may have constituted. If a state legislature appoints a person from the first
category to a wards committee, that individual will not have the right to vote in the
meetings of the municipal corporation, while MPs, MLAs and commissioners do have
the right to vote in meetings.[1]
Superlatives
The largest corporations are in the fourteen major metropolitan cities of India,
viz. Mumbai, Delhi, Kolkata, Chennai, Bengaluru, Hyderabad, Ahmedabad, Pune, Kanp
ur, Lucknow, Visakhapatnam, Surat, Jaipur, Bhubaneswar and Nagpur.
The Brihanmumbai Municipal Corporation (BMC) of the city
of Mumbai in Maharashtra is the richest municipal corporation in India.[2][3]
Greater
Chennai Corporation of the city of Chennai in Tamil Nadu is the oldest municipal
corporation in India and second oldest municipal corporation in the world only
behind City of London Corporation in United Kingdom.

34. Administration
The Mayor is the head of the municipal corporation, but in most states and territories of
India the role is largely ceremonial as executive powers are vested in the Municipal
Commissioner. The office of the Mayor combines a functional role of chairing the
Corporation meeting as well as ceremonial role associated with being the First Citizen
of the city. As per the amended Municipal Corporation Act of 1888, a Deputy Mayor is
appointed by the Mayor. The tenure of the Mayor and Deputy Mayor is five years.
However, in seven states; Bihar, Chhattisgarh, Jharkhand, Madhya
Pradesh, Odisha, Uttar Pradesh and Uttarakhand; Mayors are directly elected by the
people and thus hold the executive powers of the municipal corporations.
Executive officers monitor the implementation of all the programs related to planning
and development of the corporation with the coordination of mayor and councilors.
Functions
The Twelfth Schedule to the Constitution lists the subjects that municipal corporations
are responsible for. Corporations may be entrusted to perform functions and implement
schemes including those in relation to the matters listed in the Twelfth Schedule.[1]
 Urban planning including town planning.
 Regulation of land-use and construction of buildings.
 Planning for economic and social development.
 Water supply for domestic, industrial and commercial purposes.
 Public health, sanitation conservancy and solid waste management.
 Fire services.
 Urban forestry, protection of the environment and promotion of ecological aspects.
 Safeguarding the interests of weaker sections of society, including the handicapped and
mentally retarded.
 Slum improvement and upgradation.
 Urban poverty alleviation.
 Provision of urban amenities and facilities such as parks, gardens, playgrounds.
 Promotion of cultural, educational and aesthetic aspects.
 Burials and burial grounds; cremations, cremation grounds and electric crematoriums.
 Cattle pounds; prevention of cruelty to animals.
 Vital statistics including registration of births and deaths.
 Public amenities including street lighting, parking lots, bus stops and public conveniences.
 Regulation of slaughter houses and tanneries