Constitutional Design of State Administration (Part-1)

Constitutional Design of State Administration Improtant Question

1. Which part of the Constitution is mentioned about the organization, constitution, tenure etc. of the Legislature? – Part 6

• Article 168 to 212 in the sixth part of the constitution talks about the organization, formation, tenure officers, procedures, privileges and powers of the State Legislature.

2. How many states in India have bicameral legislature? – seven

• Currently, there are only seven states – Karnataka, Uttar Pradesh, Bihar, Telangana, Andhra Pradesh and Jammu and Kashmir.

3. Election of Members in the Legislative Council

• 1/3 of the members of the Legislative Council are elected by an electoral college made up of locals, municipalities, district boards, etc.
• 1/3 of the Legislative Council shall be elected by the elected members of the Legislative Assembly.
• Universities residing in 1/12 member state will be elected from graduates who have graduated at least 3 years in advance.
• 1/12 members will be elected by those teachers who have been teaching in the state’s higher secondary schools or higher education institutions for at least 3 years.
• 1/6 members will be nominated by the Governor, who is associated with the state’s arts, literature, science, social service and cooperatives.

4. Qualification of Members for Legislative Council

• According to Article 173, the following qualifications have been prescribed for the members of the Legislative Council.
• He should be a citizen of India.
• Has completed the age of 30 years.
• Must also have any qualifications prescribed by the Parliament.
• Not declared insane or insolvent by any court.
• To be a member of the State Legislature, his name should be in the Electoral Roll of the state.

Constitutional Design of State Administration

5. How many years are the tenure of the members of the Legislative Council – 6 years

• The Legislative Council is a permanent house. Its members are elected for 6 years. After every 2 years 1/3 of the members take leave and new members are elected in their place.

6. The minimum and maximum number of members of the state assembly can be respectively – minimum 60, maximum 500.

7. The number of members in the states has been fixed up to 30 – Arunachal Pradesh, Sikkim and Goa – 30 members and Mizoram and Nagaland – 40 and 60 members

8. About Money Bill

• Money Bill can only be introduced in the Legislative Assembly.
• Whether a bill is a money bill or not is decided by the Speaker.
• The Governor cannot return the Money Bill for reconsideration.
• If the Bill is not passed by the Legislative Council for 14 days, the Bill is deemed to have been passed by both the Houses and sent for approval of the Governor.

9. Legislative administration of the state: President is – Governor of the state

• Article 153 to 167 in the sixth part of the constitution provides for the state executive.

10. Article 154 mentions that the governor can exercise his executive powers directly or through his subordinate officers. Who is included in the word ‘Adinastha’ here – all ministers and chief ministers

11. Article 153 of the Constitution of India relates to the Governor for each state. Which amendment act provides that the same person can be appointed as the governor of more than one state? – 7th Constitution Amendment Act 1956

12. Governor’s work

• Appoints members of the State Public Service Commission.
• Dissolve the assembly.
• Appointment of the Chief Minister of the state.

13. What is the power of executive in state governance – in the governor

14. Governor’s most important legislative power – nominating members in the state legislature

Functions of the chief executive

15. When can the Governor issue an ordinance

• When a House is not in session
• When both Houses are not in session

16. The power to issue the mandate of the Governor was used extraordinarily (specially) for the – Appropriation Bill in the year 1965 in Bihar.

17. In whose favor the Money Bill is presented in the State Legislative Assembly – Governor

18. Constitutional position with respect to the Governor is – The Governor acts on the advice of the Council of Ministers of the State, as per Article 163

19. Governor can appoint

• According to Article 164 to the Chief Minister
• Member of the State Public Service Commission
• Advocate General

20. Who prepares the Governor’s address – Chief Minister and Council of Ministers