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State

State executive consists of Governor and Council of Ministers with Chief Minister as its head. Governor of a state is appointed by the President for a term of five years and holds office during his pleasure.
Dec 11, 2010 12:14 IST

    Executive
    GOVERNOR

    State executive consists of Governor and Council of Ministers with Chief Minister as its head. Governor of a state is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the State is vested in Governor. Council of Ministers with Chief Minister as head, aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. Governor shall, after consulting Council of Ministers, exercise his individual judgement as to the action to be taken. These are, however, temporary provisions if President, on receipt of a report from governor or otherwise is satisfied that it is no longer necessary for Governor to have special responsibility with respect to law and order, he may so direct by an order. All Governors while discharging such constitutional functions as appointment of Chief Minister of a state or sending a report to President about failure of constitutional machinery in a state or in respect of matters relating to assent to a Bill passed by legislature, exercise their own judgement.

    Nagaland, Governor has special responsibility under Article 371A of the Constitution with respect to law and order Arunachal Pradesh, Governor has special responsibility under Article 371H of the Constitution with respect to law and order and in discharge of his functions in relation thereto.

    COUNCIL OF MINISTERS

    The Chief Minister is appointed by the Governor who also appoints other ministers on the advice of the Chief Minister. The Council of ministers is collectively responsible to legislative assembly of the State. LEGISLATURE For every state, there is a legislature which consists of Governor and one House or, two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly. In remaining states, there is only one House known as legislative assembly. Parliament may, by law, provide for abolition of an existing legislative council or for creation of one where it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.

    Legislature of the  Union which is called Parliament , consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House of Parliament has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain cases.

    LEGISLATIVE COUNCIL

    Legislative Council (Vidhan Parishad) of a state comprises not more than onethird of total number of members in legislative assembly of the state and in no case less than 40 members (Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the Constitution of Jammu and Kashmir). About one-third of members of the council are elected by members of legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities, district boards and other local authorities in the state, one-twelfth by electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and a further one-twelfth by registered graduates of more than three years standing.

    Remaining members are nominated by Governor from among those who have distinguished themselves in literature, science, art, cooperative movement and social service. Legislative councils are not subject to dissolution but one-third of their members retire every second year.

    LEGISLATIVE ASSEMBLY

    Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than 60 members (Legislative Assembly of Sikkim has 32 members vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state. Term of an assembly is five years unless it is dissolved earlier.

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