Governor, Chief Minister, State Legislature and High Courts
Governor: Appointment and Qualifications
The Basics
The Governor is the constitutional head of a state's executive, much as the President is at the Centre. Unlike the President, the Governor is neither directly elected nor chosen through an electoral college. The Governor is simply appointed by the President, by a warrant under hand and seal.
The Governor holds executive, legislative, financial and judicial powers broadly similar to the President, but without the President's diplomatic, military or emergency powers. This note covers the executive and legislative powers; financial powers and the veto, ordinance and pardoning powers are explained in their own concepts.
The Governor's financial powers make sure that no money is spent or demanded by the state government without the legislature's and the Governor's involvement, keeping control over public funds in proper constitutional hands.
Constitutional Position and Discretion of Governor
The Basics
The Governor of a state is a nominal executive. The real executive power lies with the Council of Ministers headed by the Chief Minister. The Governor normally acts only on their aid and advice. In some situations, the Governor may act without, or even against, ministerial advice. This zone is called the Governor's discretion, and understanding its boundary is the heart of this concept.
Conduct of Business of State Government (Article 166) and Duties of Chief Minister (Article 167)
The Basics
Articles 166 and 167 together explain the everyday working of the state executive: how decisions are taken in the Governor's name, and what the Chief Minister must report back to the Governor.
The cabinet is a small, powerful inner body made up only of cabinet ministers, sitting inside the larger state council of ministers. While the council of ministers is a big body including ministers of state and deputy ministers, the cabinet alone meets, decides, and runs the government day to day. It is often called the nucleus of the council of ministers.
State Legislature: Bicameral/Unicameral Organization
The Basics
A state legislature can be unicameral or bicameral. Unicameral means it has only one house. Bicameral means it has two houses. At the Centre, Parliament is always bicameral. For states, this choice is left to each state.
The Legislative Assembly, or Vidhan Sabha, is the directly elected House of a state legislature. Its members are chosen on the basis of universal adult franchise. Its size is not fixed at one number for all states. Instead, the Constitution sets a range within which each state's strength must fall.
The Legislative Council is the upper House in states that have chosen a bicameral legislature. Unlike the Assembly, its members are not directly elected by the people.
Presiding Officers, Sessions and Quorum of State Legislature
The Basics
Each House of a state legislature has its own presiding officers, chosen to run its proceedings smoothly and impartially, just as the Speaker does in the Lok Sabha.
Bills Reserved for President's Consideration: Sarkaria Commission Categories
The Basics
Reserving a bill for the President's consideration means the Governor does not decide on the bill directly. Instead, the Governor sends it to the President under Article 200. The President then assents, withholds assent, or returns it for reconsideration. Non-money bills can be returned; money bills cannot.
High Court: Organization and Jurisdiction Overview
The Basics
The High Court is the highest judicial body of a state. It sits below the Supreme Court but above all subordinate courts in that state. India has a single integrated judicial system. One hierarchy of courts enforces both Central and state laws. This differs from federations that run separate Central and State court systems.
High Court: Composition, Appointment and Independence of Judges
The Basics
A High Court is made up of a Chief Justice and other judges. The Constitution does not fix the number of judges in a High Court. The President decides this strength from time to time, based on each court's workload.
Subordinate Courts: Structure and State Judiciary Framework
The Basics
The subordinate courts, also called lower courts, are the district and lower level courts that function under the control of a state's High Court. They are called subordinate because they are subordinate to the High Court in that state.