State Legistature, Executive and Judiciary



State Legistature, Executive and Judiciary


464/5000
bhaag-6
raajyon ka shaasan
raajy kee kaaryapaalika , vidhaanamandal, uchch nyaayaalay
(anuchchhed 152-237)

adhyaay-1: saamaany (anuchchhed-152)
adhyaay-2: kaaryapaalika :raajyapaal (anuchchhed-152-163)
adhyaay-3: raajy vidhaanamandal : mantriparishad (anuchchhed-163-212)
adhyaay-4: raajyapaal kee vidhaayee shakti (anuchchhed-213)



adhyaay-5: raajyon ke uchch nyaayaalay (anuchchhed-214-231)
adhyaay-6: adheenasth nyaayaalay (anuchchhed-233-237)


raajy kee kaaryapaalika: raajyapaal
(thai statai aixaichutivai: thai govairnor)
Part-6Governance of statesState Executive, Legislature, High Court(Article 152-237)Chapter-1: General (Article-152)Chapter-2: Executive: Governor (Article-152-163)Chapter-3: State Legislature: Council of Ministers (Article-163-212)Chapter-4: Legislative Power of the Governor (Article-213)

Chapter-5: High Courts of States (Article-214-231)Chapter-6: Subordinate Courts (Article 233-237)


  
State Executive: Governor(The State Executive: The Governor)


 India's constitution is federal. It has been made in relation to the union and the rule of states. There is a provision for state rule in Part 6 of the Constitution. This provision is applicable to all the states except Jammu and Kashmir. Due to the special status of Jammu and Kashmir, there is a separate constitution for him. Like the Union, the state's governance system is also parliamentary. The chief executive of the state's executive is the governor who works according to the advice of the Council of Ministers. In some cases the governor has given discretion, in such a case, he works without the advice of the Council of Ministers.Governor's qualificationsAccording to article 157, the person who is appointed to the post of governor must have the following qualifications-

    
He is a citizen of India
    
He has completed 35 years of age
    
It is not in the position of profit in any public undertaking under the control of the State Government or the Central Government or these states.
    
He is eligible to be elected a member of the State Assembly.appointment of GovernerAccording to article 155 of the Constitution- the appointment of the Governor will be done directly by the President, but in reality the appointment of the Governor is done by the President on the recommendation of the Prime Minister. In relation to the appointment of the Governor, the following two types of practices were created-

    
No person shall be appointed as the governor of that state, of which he is a resident.
    
Before the appointment of the Governor, the Chief Minister of the concerned State will be consulted.This practice was adopted from 1950 to 1967, but in the elections of 1967 when non-Congress governments were formed in some states, the second practice was abolished and appointment of the Governor without consulting the Chief Minister was started.Governor's durationAlthough the tenure of the governor is five years from the date of assumption of his office, but after the completion of this period of five years, he remains in office till his successor takes office. When the Governor remains in office after the end of five years, then he remains on the post of daily wages on the basis of daily wages. There are many instances where the governor has remained in his post due to his non-appointment of the successor. In these examples, Governor of Haryana 'B. N. The example of 'Chakravarti' is important because it remained in office on the basis of the daily wages for 3 years due to the non-appointment of the heir after the completion of his term.In addition to this, the Governor can quit his post by resigning to the President before the expiry of his term, or the President can discharge his duties. For example, in 1980, Governor Prabhudas Patwari of Tamil Nadu and Governor of Rajasthan 'Raghukul Tilak' in 1981 and Governor of Nagaland, 'M. M. Thomas' was abolished by the President. Apart from this, many times the governors have been forced to resign or have resigned from them.oath takingThe Chief Justice of the High Court of the concerned State administers the oath of office and secrecy to the Governor.Pay and allowancesAccording to the decision taken on September 11, 2008, the salary of the Governor has been increased from Rs 36,000 to Rs 1.10 lakh per month. This pay scale has been considered effective since January 2006. On January 10, 2008, the Union Cabinet decided to pay the Governor's salary to Rs 75,000 per month. The Governor is also entitled to such allowances, which can be decided by the Parliament. Apart from this, he gets government accommodation to stay. For which he does not have to pay rent. If two or more states have the same governor, then the salary of both the governors will be given in proportion as the President determines.TransferThere is no provision for the transfer of the Governor in the Constitution, but the Governor is transferred and it has become a custom to some extent. In the center, the Government of the ruling Bharatiya Janata Party coalition government in March, 1998, the governor of Bihar 'Dr. a. R. Kidwai was transferred and appointed the Governor of West Bengal.Immunities and privilegesThe Governor has the following privileges and immunities:

    
He is not liable to any court for the use of the powers of his office and the duties.
    
No criminal proceeding can be initiated in any court against him during the term of the Governor.
    
When he is on the post, no order can be issued from any court for his arrest or imprisonment.
    
Before taking the position of the Governor or after taking any civil action in relation to the work done by him in personal capacity, he has to give two months back notice.Power and workJust as the power of executive in the center lies in the President, the power of the executive in the state lies in the governor. The powers of the Governor and its functions are as follows:Executive affairsAccording to Article 154, the governor has the following functions related to executive:

    
The governor is the president of the state government and uses the executive power of the state through his subordinate authorities. He makes rules for the proceedings of the government and 


   With the advice of the Governor, Chief Minister and Chief Minister, he appoints the members of his Council of Ministers and administers him oath of office and secrecy.
    
The Governor appoints the high officials of the state, such as the Advocate General, the Chairman and the members of the State Public Service Commission and in consultation with the President in relation to the appointment of judges in the High Courts of the state.
    
The Governor has the right to receive information from the Chief Minister regarding the administration of the state.
    
When the administration of the state can not be run in accordance with the constitutional mechanism, the governor recommends the President to impose President's rule in the state. When President's rule is implemented in the state, then the governor runs the state administration as an agent of the Central Government.
    
The governor is the Chancellor of the state's universities and also appointed the Vice Chancellors.legislative authorityAccording to Article 174, the Governor has got legislative powers. The governor is an integral part of the state legislature and it has the following rights regarding the legislature-

    
He can summon the State Legislative Assembly session, adjourn it and dissolve the state assembly.
    
If the Governor appears to have such an opinion that the Anglo-Indian community is not represented in the state assembly, then he can nominate a person of the Anglo Indian community as a Member of the State Assembly. He can appoint a member of the State Legislative Council for a sixth of the member of the Council, whose special knowledge, experience or contribution can be made in the field of science, literature, arts, social service, cooperative movement etc.
    
If the question of disqualification of a member of the State Assembly arises, the governor determines the disqualification dispute in consultation with the Election Commission.
    
He addresses the first session of the first legislative assembly that commences after the general general elections and can send his message to the houses also.
    
He signs a bill passed by the State Legislature and after the signature of the Governor, the Bill is passed in form of the Act.
    
In addition to the money bill, the Governor can send a bill to the State Legislature again for consideration and the State Legislature is obliged to give its consent on the bill after the bill is re-passed.
    
Money Bill is introduced in the state assembly only when the governor has given his permission to present the bill.
    
Annual reports of various commissions, high and autonomous institutions are handed over to the governor and present them before the state assembly for consideration.
    
Some special types of bills may be reserved for the President's views. like-

    
Bill related to compulsory acquisition of personal property
    
Bill related to reduction in the jurisdiction of the High Court
    
Bill related to taxation on the required declaration subject under law created by Parliament
    
A bill related to the topics mentioned in the concurrent list (when there is a possibility of conflict with law created by Parliament), and
    
No other bill, due to which there is a possibility of a dispute with the Central Government or the Government of other states.Power of issue of ordinanceAccording to article 213, when the state is not in the Legislative Assembly or state assembly session and it is necessary to make a law on any subject in the subjects mentioned in the Seventh Schedule to the Constitution, the governor can issue an ordinance on the advice of the Council of Ministers. The ordinance issued thus remains effective till 6 months and before the expiry of 6 months, if the session of the State Legislature or State Legislative Assembly is commenced, the Ordinance should be approved by the Legislature or Assembly within six weeks and If it is not approved within 6 weeks, the ordinance will be neutralized. The Governor Ordinance can not be issued on the subject related to those bills, on which the Governor reserves the right to reserve the President's approval before granting permission.Financial rightsThe Constitution has given the following financial powers to the Governor-

    
Money Bill can not be introduced in the state assembly without the Governor's referral.
    
State expenditure can not be spent without the permission of the governor.
    
The governor presents the state's annual budget in the state assembly through the state finance minister.
    
The demand for any kind of grant or tax proposal is presented in the assembly by the approval of the governor.Judicial rightThe judicial authority of the governor is:

    
He decides the matters relating to appointment, transfer and promotion of district judges and other judicial officers. The Governor uses this power in consultation with the High Court.
    
He has the power to forgive the culprits convicted by the court, reduce or suspend or delay their punishment. But this power can be used by him to the same extent, to the extent that the executive power of the state is expanding.


 Recommendations regarding the GovernorThe following recommendations are important for the governor-

    
Recommendations of the Administrative Reform Commission
    
Report of the governor's committee
    
Recommendations of Rajmannar Committee Report
    
Recommendations of Sarkaria CommissionRecommendations of the Administrative Reform CommissionFollowing are the major recommendations of the Administrative Reforms Commission regarding the appointment and role of the Governor-

    
Such a person should be appointed as a governor, who has a long history of public life and administration and who has faith in the ability to rise above party prejudices. At the end of his term, he should not be eligible to be appointed again. After retirement, judges should not be appointed as governors. But a judge, who enters public life after retirement and becomes a legislator or is on an elected post, should not be disqualified for appointment to the governor.
    
Prior to the appointment of the Governor, the tradition of consulting the Chief Minister is a healthy tradition. It should remain.
    
In order to use the power of the discretion of the governors, instructions and signs should be issued in the name of the President on the acceptance of the center. They should be kept before both Houses of Parliament.
    
In addition to sending the fortnightly report to the President with the President, ad-hoc report should be sent whenever required. When making a report sent to the President, the governor should act on the basis of his discretion and self-determination. Similarly, self-determination should also be used in respect of preserving the bills for consideration of the President.
    
Whenever the governor has reason to believe that the cabinet has not been a majority in the assembly, then the final decision should be taken after considering the support of the Cabinet by calling the assembly session. Whenever the question arose that the Cabinet does not have the support of the majority in the House and the Chief Minister can convene the assembly session himself, if he thinks fit, for the purpose of convening a session of the assembly.
    
When a cabinet gets defeated in the House on the subject of any major policy making, and if the loser of the Chief Minister advises dissolution of the Rajya Sabha, so that he can make a decision with the voters, then the governor should accept his advice. In other cases, he can use his discretion.
    
The governor should not only get information favorable to the provision of Article 167 but rather to effectively fulfill his constitutional responsibilities.Report of the governor's committeeThe Administrative Reforms Commission, in its 1969 report, recommended the release of those instructions in the name of the President, according to which the governor exercised his powers In 1970, the recommendation was accepted at the Governor's Conference and a committee of 5 members was constituted under the chairmanship of the then Governor of Jammu and Kashmir, Lord Sahai to fix the instructions. The other members of the committee were- B. Gopal Reddy, Eliwar Jung, Viswanathan and M.M. Dhawan The following are the major recommendations of this committee:

    
If a Chief Minister refuses to convene the assembly session in relation to obtaining the trust of the assembly, then the governor can dismiss the cabinet.
    
Whether the cabinet gets majority in the assembly or not, it should be determined by the assembly. If a Chief Minister refuses to decide the question of the majority by the Assembly, then it should be assumed that the cabinet does not get majority.
    
If there is no possibility of making an alternative government in the state after the resignation or dismissal of the Chief Minister, then the Governor should report to dissolution of the assembly.
    
If a person is not a member of the state assembly or a nominated member of the assembly, then he should not be sworn in as the chief minister's post.
    
If any participating partner of the coalition government of many parties withdraws support to the government due to differences with the Chief Minister, then it is not necessary that the Chief Minister resigns, but if the suspicion arises in relation to the Chief Ministerial assembly, It is expected that in consultation with the Governor, convene the Vidhan Sabha session as soon as possible and prove its majority in the Legislative Assembly.
    
A special cell should be set up at the President's Secretariat and more information should be collected in connection with the political and constitutional events occurring in different states from time to time. In relation to special cases in this room, all information should be given to the governor with the permission of the President, to make the governor easy to make a decision.
    
The governor is the President of his state, not the President's agent and the constitution has duly assigned the governor's duty.

 Recommendations of Rajmannar Committee ReportThe following are the major recommendations of this committee:

    
The appointment of the Governor should always be done in consultation with the State Cabinet and the alternate arrangement for this can be that the appointment of the Governor be done on the basis of the advice of a highly empowered organization formed for this purpose.
    
Once, those who have been residing in the post of governor should be declared ineligible for the second term or any other post under the government. The Governor should not be removed from his post till his term, unless proved by the Supreme Court for his misbehavior or his inability.
    
Special provisions should be included in the constitution, which gives the President the right to direct the governors. These written instructions will be directed in respect of matters where the governor should consult with the Central Government or in which the Central Government may direct him. Those instructions should also be made clear to those principles, in whose context the governor should work. These functions include the opportunity to implement the constitutional powers of the governor as the head of state.
    
This provision included in the Constitution should be immediately removed so that the Cabinet will remain in office for the Governor's Prasad.
    
The Constitution should specifically include the following instructions. like-

    
The governor should appoint a leader of the majority party in the state assembly to be the chief minister.
    
Where the governor is not satisfied with the clear majority of any one party in the assembly, the governor should convene the session of the assembly for the selection of the Chief Minister and the person selected in the session should appoint the Chief Minister.
    
If the Chief Minister gives advice to the governor to dismiss a minister, he should accept the advice of the Chief Minister.
    
If the Governor appears that the Chief Minister has lost the majority in the Legislative Assembly, then the Governor should immediately convene a Vidhan Sabha session and instruct the Chief Minister to prove his majority. If the Chief Minister fails to prove majority, then the Governor should dismiss the Chief Minister.Recommendations of Sarkaria CommissionThe Sarkaria Commission has given the following recommendations in the context of the governor-

    
The person appointed as a governor should be a person outside the state in which he should be appointed and should not be interested in state politics.
    
He should be a person who is not participating in politics before being appointed normally or specially.
    
Minority people should be given appropriate opportunities while selecting the governor.
    
When selecting a person as governor, the process of seeking effective advice from the Chief Minister of the state should be included in the constitution.
    
No such person should be appointed as the Governor of the State, who is a member of the ruling party in the center, in which the governance is being run by any other party.
    
If political constitution is broken by a political constitution, then the governor should see if a majority government can be formed in that state in the assembly.
    
If a state government is defeated in the Assembly on any question related to the policy, then in case of early elections, the governor should keep the old cabinet functioning as an executive government till the election.
    
If the state government loses its majority in the assembly, then the governor should invite the biggest opposition party to form the government, and should be directed to prove the majority in the assembly. If the largest party is not in the position to constitute the government, then the Governor should recommend the implementation of President's rule in the state.


 Governor: General Knowledge QuizThe power of the executive of a state is vested in it - in the governor● Who appoints the governor - President● The provision for removal of a person is not in the constitution - to the governor● How much is the governor's tenure - 5 years● The salary and allowance of the governor comes from the fund - by the state's accumulated fund● Who is the constitutional head of the state government - the governor● Who gives the governor his resignation - to the President● Who governs the state under presidential rule - Governor● Who stays in office on the wish of the President - Governor● Minimum age for the post of governor - 35 years● How many Anglo-Indians can appoint governor in the assembly - one● Who was India's first woman governor - Sarojini Naidu● "Governor is like a bird living in a sleeping cage" whose words are this - Sarojini Naidu● No money bill is passed in the state assembly without the permission of the governor- Governor● Ordinance issued by the governor through whom - by the Legislature● Who can dissolve the state government - Governor● Who appoints the Chief Minister of the state - the governor● What is the main role of governor - link between center and opinion● Who administers the governor of a state - Chief Justice of that state● In which state can govern governor's rule except President's rule- Jammu and Kashmir● Which state of India became the first woman governor - Uttar Pradesh● According to the Constitution of Jammu and Kashmir, for maximum time the governor can be governed in the state - 6 months● When the post of 'Sadar-e-Riyasat' was changed to Jammu and Kashmir, when was appointed as Governor- in 1965● Who can dissolve the state government - President on the recommendation of the governorState Legislature: Council of Ministers (Article 163-212)State cabinetIn the Indian Constitution, the Council of Ministers is consulted for the consultation and assistance of the governor (Article 163). The arrangement of the Council of Ministers is to use the executive powers of the governor to give advice, assistance, but the Council of Ministers is not only a consulting body but also the real executive of the state.Composition of cabinetThe most important task for the creation of the cabinet is the appointment of the Chief Minister as the Chief Minister under the Article 168 of the Constitution has been declared the head of the Council of Ministers. Like the Center, it is natural for the states to have a parliamentary system, that all the traditions in the states should be implemented which are the key features of the parliamentary system. Therefore, the governor does not appoint a person as the Chief Minister in accordance with his wishes, but the person is appointed as the Chief Minister, who gets the support of the majority in the state legislature. In theory, Article 164 (a) shall make the provision in consultation with the Chief Minister in consultation with the Chief Minister. According to Article 164 (b) the Council of Ministers will be collectively liable to the Legislative Assembly of the State.Appointment of ministersMinisters are appointed by the governor on the advice of the Chief Minister. The Chief Minister prepares a list of his ministers and according to that list, the Governor appoints the ministers. The chief minister is divided in the departments of ministers. The governor issues related orders on the request of the chief minister.So far, the size of the Council of Ministers was under the discretionary powers of the Chief Minister, but after the 91st Constitution Amendment Act, 2008, in the State Council of Ministers, the total number of other Ministers including the Chief Minister should not exceed fifteen percent of the number of members of the State Assembly. needed. This Act has been effective since July 2004.PeriodAccording to Article 164 (a) of the Constitution, all the ministers can remain in their position till the Governor's offer. According to article 164 (b), the Council of Ministers is collectively responsible for the Legislative Assembly. The Governor can not even remove any minister from the minister's office as per his wish. He can use such power only in consultation with the Chief Minister. The minister can remain in office till then, as long as he enjoys majority support in the assembly. The cabinet has a fixed tenure of five years. This time it goes with the tenure of the Legislative Assembly. The Cabinet can be suspended even before this time, but if the Council of Ministers is supported by the majority of the five-year Legislative Assembly, then the Council of Ministers can remain stable on its post till the end of five years. If the Chief Minister resigns from his post, the Council of Ministers ends, as it can also end the State Council by using Article 356.Pay and allowancesAccording to Article 164 of the Constitution, Ministers receive monthly salary and allowances, which are periodically fixed by the Legislature.OathEvery minister has to take oath of office and confidentiality before the Governor before assuming his office.State Legislation Membership RequiredIt is compulsory for all the members of the Council of Ministers that they must be members of one of the two Houses of the State Legislature. It has also been arranged in the Constitution that any non-member can be included in the Council of Ministers but it is mandatory for such member

 That he must be a member of the House within 6 months. If the person does not become a member of the House within a certain period, then he has to resign from the minister's post.According to the 91st Constitution Amendment Act, 2003, if the state assembly under the tenth schedule (if only in the stateIf the member of the House has been disqualified from the membership of that House, then it can not be appointed till the repatriation of the minister.Cabinet workThe State Council of Ministers also conducts various types of administrative, legislative and financial functions like the Union Council of Ministers. The Council of Ministers is the center of the entire state government and the guide to the Legislature. The Council of Ministers is the real executive in the state. The cabinet council is a link connecting executive with the administrator. It is a thoughtful and policy-making body and prepares the administration program at the beginning of every session of the Vidhan Sabha Sabha. The Council of Ministers also decides which bills of legislation to be presented in the session or session. All members of the Council of Ministers participate in the Legislature meetings due to being a member of the Legislature, answer the questions asked by the legislators and actively share hands in the process of law-making. Prior to submission to the assembly, the budget is approved by the government by the Council of Ministers. Determination of the amount to be spent on various items, the implantation of any type of tax on the public of the state, determining the amount of grant given to local institutions, etc. are all important functions of the Council of Ministers. Most of his acts are done by the Governor in consultation with the Council of Ministers, while the final decision regarding the judicial functions of the governor is taken only by the Council of Ministers.Chief MinisterThe Chief Minister of the State Council of Ministers is the Chief Minister. The Governor appoints the Chief Minister (Article 164). The governor appoints the person who is the Chief Minister, who gets the support of the majority party in the state legislative assembly, that is, the Chief Minister is the leader of the majority party in the state legislature. It is also mandatory to follow such a tradition as a constitutional point of view because the Council of Ministers is collectively responsible for the Legislative Assembly. It means that the Legislative Assembly may at any time pass a resolution of disbelief against the entire Council of Ministers or any one minister and compel him to resign the entire Council of Ministers, it is mandatory that the person should be appointed the Chief Minister, whom the state Get a majority in the Legislative Assembly. It is compulsory for a person to be appointed for the post of Chief Minister to be a member of the State Legislature.§ Under Article -163, a council of ministers has been arranged in each state for consultation and assistance.§ The Chief Minister is the Chief Minister of the Council of Ministers (Anu-1363), which is appointed by the Governor.§ The members of the Council of Ministers are appointed by the Governor in consultation with the Chief Minister.§ The Council of Ministers is collectively responsible for the state assembly.§ In the Council of Ministers, the total number of other Ministers, including the Chief Minister, should not exceed 15 percent of the number of members of the State Legislative Assembly.Chief Minister's workThe chief is the chief of the state government. There is no area of ​​state administration which is outside the control of the Chief Minister. Its important powers are as follows:1. Construction of cabinet: Ministers of the Council of Ministers are appointed according to the advice of the Chief Minister by the Governor. It is also the duty of the chief minister to decide who is the Cabinet minister to whom the Minister of State and whom to make the Deputy Minister. The Chief Minister also has the right to expand his Council of Ministers.2. Division of Departments: In constitutional terms, the Chief Minister is free to divide the departments as there is no restriction on him by the Constitution but in practice, he distributes the departments only by keeping in view the qualifications of the members and political significance. The chief minister can also make changes to his ministers' departments.3. Reorganization of Council of Ministers: The Chief Minister can also reorganize the Council of Ministers. If a minister does not agree with the Chief Minister's policy then the chief minister can ask him to resign and if the minister refuses to resign, then the Chief Minister can uproot him.4. Chairman of the Council of Ministers: The Chairman of the Chief Minister's Council of Ministers is the Chief Minister's authority to fix the date of the conferences and to make the work list for him.5. The link between the Governor and the Council of Ministers: The Chief Minister is the constitutional duty to inform the governor of the decisions of the Council of Ministers (Article 167). If the governor has to get any information about any administrative department then he can get it only through Chief Minister. Hence, the Chief Minister acts as a link between the two.6. Leader of the State Legislature: Chief Minister is not only a ministerial council but also a leader of the state legislature. Due to the Chief Minister getting support of the majority in the Legislative Assembly, the Legislature can not create any law against his will. The Chief Minister declares important decisions in the Legislative Assembly. Chief minister
  The Chief Counsel of the Governor: The Chief Minister gives advice to the governor in each case concerning governance. According to the constitution, the governor does not consult the Chief Minister when he acts as the representative of the central government. In other situations, the governor works only according to the advice of the Chief Minister.8. Appointments: All important appointments in the state are done according to the advice of the Chief Minister. So the Chief Minister is the real ruler of the state.Relationship between governors and ministersNormally the relations between the governor and his ministers are of the same kind as the President and his ministers. There is only one important difference in that the Constitution does not give the President the power to do any work at his discretion, while the governor has the right to do some deed according to his discretion. According to article 163 (1) these rights are as follows:In matters where it is expected by the governor under or under this Constitution that he does any of his acts or any of them at his discretion, except for the battalion, there will be a Council of Ministers to assist the governor in using the functions.Due to this discretionary jurisdiction of the governor, no amendment of that section was made in Article 163 (1) of the 42nd Constitution Amendment Act, as in Article 74 (1). The act that has been empowered by the governor to act on his discretion will not expect him to act according to the advice of the ministers or seek advice from them. If the question arises whether a subject is a subject or not, in accordance with the constitution, the governor has to act according to his discretion, the decision of the governor will be final and no validity made by the governor will be questioned on the basis that he Whether or not you should have acted at your discretion. The Advocate-General for the StateAccording to Article 165 of the Constitution, the Governor of each State shall appoint a person arbitrarily to be appointed a Judge of the State to be appointed as a Judge of the High Court. It will be the duty of the Advocate General that he advise on such matters related to the law of the government of the state and follow such other duties of the legal form which the Governor may from time to time direct or assign and dispose of those acts which his constitution or Provided by or under any other law for the time being in force. Significantly, the Advocate General shall hold the post till the Governor's Award and will receive such remuneration which the Governor will consider.The State Advocate General shall have the right to speak in both the Houses of the State Legislative Assembly or in the state of the Legislative Council, and participate in their proceedings otherwise, but they will not have the right to vote (Article 177).§ Advocate General is the highest law officer in the state.§ He can take part in the proceedings of the State Legislature Houses and give a speech, but he can not vote for himself.Legislative assemblyAs the Parliament is at the Central level, the State level will be the Legislative Assembly.(Article 168)Part-6 describes the legislature from Article 168 to 212.Both the Legislative Assembly and the Legislative Council come in the legislature.Constitution of the Legislative Council: - (Article 169)(1) In the Legislative Council, 1/3 of the total members of local bodies such as: -Municipalities are determined by the district board.(2) 1/3 members elected by the members of the Assembly.
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 (3) 1/12 by the electorate created by three-year graduates.Such as: - NACY, SFI(4) 1/12 of the electorate created by members of secondary school teachersSuch as: - Teachers Association(5) 1/6 member nominated by the Governor.
 
The tenure of the Vidhan Sabha is exactly as follows: - Lok Sabha and Rajya Sabha are from. At the time of emergency [The term of the assembly can be extended indefinitely for 1-1 years.Constitution of the Legislative Assembly: - (Article 170)
 
There are 22 states out of 28 states of India. Assembly formed by public FVoting is done by adult franchise. The maximum number of members is 500 and the minimumNumber 60 are fixed.
 
By 2026, there will be no change in the number of these members, but their membership number will be changed to FDepends. Arunachal Pradesh, Sikkim, Goa are number 30 in the Assembly. While MizoramIn Nagaland this number of members is 40 and 46 respectively.
 
Members' qualifications: -(1) The Legislative Assembly should be 25 years of age and 30 years for the Legislative CouncilMust have age.(2) Should be a citizen of India.(3) The person elected to the Legislative Council will be elected a member of the Legislative Assembly.Have the ability to be nominated by the governorQualifications.(4) A member of Scheduled Caste and Scheduled Tribe, if reserved for the reserved seatAre fighting.
 
Assembly Speaker: -
 
The members are made or elected either from the members.
 
He remains in the post till the Assembly term.
 
You can leave the post before: -
 
Give resignation.
 
Unsubscribe.The proposal to remove it has been passed. Such proposal 14 days agoRequired to be brought.
 
The right to vote for casting.
 
Deputy Speaker of the Assembly:
 
Electors are elected from the members and their tenure remains for the Vidhan Sabha tenure.
 
It is removed in the same way as the President.
 
Functions of Legislature / Assembly: -(1) General Bill: -Can be presented in any House (Legislative Assembly / Legislative Council), Bill in each HouseThere are three readings to pass, then it is sent for the approval of the governor. Such a governorBill: -> Can allow.> Can refuse.> Can return to reconsider.(2) Money Bill: -It will always be offered in the assembly. There is no power in the Legislative Council in relation to this. HeCan stop it for only 14 days. The Governor may allow the money bill or with the PresidentCan send for consideration.Note: - The general bill can be returned to the state assembly once again for the consideration. Money BillHe can not return to reconsideration.1. How many houses are there in the state Legislature?Answer ► Two-
            
1. Assembly
            
2. Legislative council2. What is the minimum age limit for getting elected in the assembly?Answer ► 25 years3. How long is the term of assembly in general?Answer ► Five years4. In what special situation the governor has the right to the AssemblyCan prematurely disintegrate?Answer ► Yep5. At least how many members and how many members are there in each state's assembly?Answer ► Minimum of 60More than 500 members.6. What are the states in the list of exception states where the number of members in the assembly is less than 60?Reply ►
Goa (40),
           
Mizoram (40),
           
Sikkim (32).(It enjoys special status under article 371)7. Who conducts assembly meetings?Answer ► Assembly Speaker8. Who chooses the Speaker of the Assembly?Answer ► Members of the day9. In such a time, the Speaker can preside over the meetings of the House when the proposal to remove him from the post is under consideration?Answer ► no10. What is the role of Assembly Speaker when the votes are divided in the House?Reply ►The Speaker has the right to vote decisively in such time. In general, he can not vote in the House.11. Who decides whether a bill should be considered as a money bill?Answer ► Assembly Speaker12. Who is the leader of the assembly?Answer ► Chief Minister of the state13. Who passes state budget?Answer ► Assembly14. The order of prorogation of the assembly is given by whom?Answer ► Governor.15. How many houses are there in the State Legislature?Answer ► Two-
             
1. Assembly
             
2. Legislative council16. Who is the Upper House of the State Legislature?Answer ► Legislative council17. When can Parliament establish or abolish the Legislative Council in any state?Answer ► If the majority of the Legislative Assembly of a State and the two-thirds of present members pass the resolution.18. How many states are present in the Vidhan Parishads?Answer ► Six -[Bihar, Maharashtra, Uttar Pradesh, Karnataka, Andhra Pradesh and Jammu & Kashmir]19. What is the total number of members of Legislative Council?Answer ► No more than one-third of the total number of members of the state assembly.20. What should be the lowest number of members of the Legislative Council at any stage?Answer ► 40 ---[Exception - Jammu-Kashmir (36)]21. What is the minimum age limit for becoming a member of the Legislative Council?Answer ► 30 years22. What is the tenure of each member of the Legislative Council?Answer ► 6 years23. How are elected members of the Legislative Council?Answer ► By a single transferable vote method of proportional representation24. Number of Assembly and Legislative Council Members in StatesState assembly seat seat vernacular seatsArunachal Pradesh 60 ➨ 00Assam ➨ 126 ➨00Andhra Pradesh ➨ 294 ➨ 90Orissa ➨147 ➨00Uttar Pradesh ➨ 403 ➨ 99Uttarakhand ➨ 70 ➨ 00Karnataka 224 ➨ 75Kerala ➨ 140 ➨00Gujarat ➨ 182 ➨00Goa ➨ 40 ➨00Chhattisgarh ➨ 90 ➨ 00Jammu and Kashmir * ➨ 76 ➨ 36Jharkhand ➨ 81 ➨00Tamilnadu ➨ 234 ➨00Nagaland ➨ 60 ➨ 00Punjab ➨ 117 ➨ 00Pt. Bengal ➨ 294 ➨00Bihar ➨ 243 ➨ 75Manipur ➨ 60 ➨ 00Madhya Pradesh 230 ➨ 00Maharashtra ➨ 288 ➨ 78Mizoram ➨ 40 ➨ 00Meghalaya ➨ 60 ➨ 00Rajasthan ➨ 200 ➨00Sikkim ➨ 32 ➨ 00Haryana ➨ 90 ➨00Himachal Pradesh ➨ 68 ➨00Tripura ➨ 60 ➨ 00** Union Territory **Delhi ➨ 70
 Puducherry ➨ 3
                      
High Courts of States
                              
(Article-214-231)
                                            
The state's judiciary consists of a High Court and its subordinate courts. Article 214-237 deals with the state judiciary. There will be a High Court in each state in which there will be some judges with the Chief Justice under whose chairmanship the recurrent cases will be reconsidered from time to time. In addition to the Chief Justice, there will be additional and executive judges for a maximum of two years. Judges will also be transferred from a High Court to another High Court. The judges will remain till their term till 65 years of age. They can not be allowed to advocate in any other court. All High Courts within the jurisdiction have permission to operate the proceedings of civil and criminal lawsuits.Each High Court has the following jurisdiction: -

 
I. Court as Records (Article 215).(Record Court means the records which have significance in the form of evidence and can not be questioned if presented in court. The court can punish the court for its contempt.II. Pre-Constitutional jurisdiction (Article 225)This article preserves pre-Constitutional jurisdiction.III. Article / Right jurisdiction (Article 226).The High Court can issue not only articles but also for other purposes to implement basic human rights or fundamental rights.IV. Surveillance jurisdiction (Article 227, 228 and 235).Article 227 High Courts of all states have the right to supervise all the courts and tribunals within the state limits. Article 228 reserves the right to the High Court that it is necessary to deal with the pending cases in the subordinate courts, where the interpretation of the constitution or the question of the law as a question of law, it is necessary to intervene. The High Court itself can present a solution to the matter or if the question of the law is fixed, the case may be handed over to the subordinate court. Article 235 states that the High Court will take control of the officers of these courts except for all subordinate courts and district judges.V. The Chief Civil Court of the Fundamental RightsThe work of most High Courts is to hear appeals from lower courts and action under article 226 of the writ petitions is to be taken.Supreme courtThis is the highest court of the country established by Chapter IV of Part V of the Constitution. Its federal court, the custodian of the Constitution and the most important role as an appellate court. Article 124-147 deals with the federal judiciary of the Supreme Court. The Supreme Court is the highest court of the country, which interprets the constitution and laws of the country in its final form. The decisions of the Supreme Court within the Indian territories or are binding on all courts (Article 141). It has a bench of many judges to hear the petitions and its decisions can not be changed i.e., no other court can challenge its decisions.Article 124-128 Appointment of Chief Justice, Justice and other judges, related to his qualification, tenure, removal from office, pay and allowances, executive justice, temporary judges and retired judges, if required in any case .The jurisdiction of the Supreme Court granted by the Constitution relates to:
                   
I. Article rights (Article 32)
                   
II. Record court (Article 129)
                   
III. Fundamental Rights Area (Article 131)
                   
IV. Appellate jurisdiction

    
In Constitutional Matters (Article 132)
    
In civil matters (Article 133)
    
In Criminal Matters (Article Article134)

                 
V. Appeal By Special Leave (Article 136)
                
VI. Jurisdiction of federal court (Article 135)
                
VII. Rethinking rights sector (Article 137)
                
VIII. Counseling jurisdiction (Article 143)Subordinate Courts
 
(Article-233-237)Lower courts (district and sessions court)There are lower courts in every district. Justice is administered at the lowest level here. These courts are subject to the High Court of that district state. First of all cases of civil or criminal cases are presented at this level. It is the fundamental, territorial and economic jurisdiction in civil cases which is the stage before sending the matter to the district court. In case of a foreclosure, it is necessary to see territorial jurisdiction at the lower level. Article 233-237 of the Indian Constitution deals with subordinate courts. Judges of the District and Sessions Court are appointed by the State Judicial Service. Article 237 gives the authority to the Governor that it can implement the provisions related to the subordinate court of Chapter IV, through public notification, according to which these provisions will be applicable to the Magistrate of any category or category of the state as they are appointed by the judicial service. Apply to any person. "In the criminal case, the plaintiff or the defendant can prosecute such a court in any case
In whose jurisdiction the right to prosecute is found. By jurisdiction, the court means that a court can execute a lawsuit in which he hasThe fundamental jurisdiction i.e. the case needs to be originally introduced to it for the first time.Territorial jurisdiction ie the area in which the dispute has occurred or both sides live in that area andEconomic jurisdiction, i.e. if the money is contained in which the court has got the power to take suo motu proceedings under the limits of the said amount.The matter should first be presented in the lower court. If the victim's side appeals in the case then the upper jurisdiction should appeal to the courts and after that the final court of the country can be appealed in the Supreme Court whose decision is final and valid.

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