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State Government- State Executive and  State Legislature

Note: Once you have completed reading ‘Union Government’ then going through topics under ‘State Government’ becomes easier. Due to similarities of the two topics, the time spent will also be less.

The next question would be what to focus in the State Government chapter?

Focus:

  • On the ‘differences’ between the different institutions like Governor, Chief Minister, State Legislature, High Court w.r.t the Centre Government (like President, Prime Minister, Parliament, Supreme Court). Example:
  • In the topic ‘ Governor focus on
  • The controversial nature in the ‘Appointment of Governor’
  • Constitutional position of Governor
  • The Governor’s Legislative functions, Judicial functions and Discretionary powers (as they slightly differ from the President’s functions)
  • Similarly, in the topic ‘State Legislature’ focus on:
  • Differences in State legislature compared to the Parliament with regard to composition, powers, functions.
  • States which have Bi-cameral legislatures (Example: BIMAKUJ only these six states have Bi-cameral legislatures)
  • Creation and abolition of the Upper House (or the legislative council)- Article 169
  • Position of legislative council w.r.t the Legislative Assembly and Rajya Sabha

Note: The Union and the State Government is a dynamic topic, which needs to be inter-linked with the current happenings/events. Hence, Newspaper reading is a must and should !

 

Administration of Union Territories (UT)

Focus:

  • Reasons behind the creation of UT
  • Powers of President and Governor w.r.t administration of UT
  • Administrative System of Union Territories like -who is the Executive Head, which UT’s have Legislative Assembly, under the jurisdiction of which High Court does it come.
  • Special provisions for Delhi

Note: Have a basic understanding of Special provisions w.r.t Jammu and Kashmir (Article 370) and its provisions; Compare it with Article 371-J; Difference between article 370 & 371.

 Example (2014 Prelims Questions Paper):

 

Which of the following are the discretionary powers given to the Governor of a State?

1.      Sending a report to the President of India for imposing the President’s rule

2.      Appointing the Ministers

3.      Reserving certain bills passed by the State Legislature for consideration of the President of India

4.      Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

A.      1 and 2 only

B.      1 and 3 Only

C.      2, 3 and 4 only.

D.     1, 2, 3 and 4

Solution (b)

 

 

 Example (2013 Prelims Questions Paper):

 

Which one of the following statements is correct?

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time

(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President

(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.

Solution (c)

 

 

Administration of Special Areas

Focus:

  • Significance and differences between 5th Schedule(Scheduled Areas) and 6th Schedule (Tribal Areas)
  • Powers of President and Governor w.r.t administration of Scheduled Areas and Tribal Areas

Federal System

Focus:

  • Comparison between Unitary and Federal features; advantages and disadvantages
  • Distribution of legislative, Executive and Financial Powers between the Union and the State Government
  • Legislative – The Union list, State List and the Concurrent list; Residuary powers
  • Principles underlying distribution of Tax revenues
  • Circumstances under which Parliament can legislate in the State field like when Rajya Sabha passes a resolution (A-249), during national emergency (A-352) etc.
  • Finance – Role of Finance Commission (Statutory grants) and Planning Commission (Discretionary grants)
  • Issues with the above two institutions – FC and PC
  • Borrowing powers of the Union and the States from Market and Abroad
  • Executive – in giving directions to the State Government
  • All-India Services, UPSC
  • Extra-Constitutional devices like Planning Commission, National Development Council, National integration Council etc.

 

Very Important:

Federal System too is a very dynamic topic, which needs to be inter-linked with the current happenings/events. There are lot tension areas between the Centre and the State which needs a balanced outlook.

For example: issues range from formation of New States, Niti Ayog replacing Planning Commission, GST, river water disputes, PC and FC, role of Governor. This should be supplemented with Committee recommendations like Sarkaria Committee, Punchhi Committee, Administrative Reforms Committee .

Example (2013 Prelims Questions Paper):

 

The Parliament can make any law for whole or any part of India for implementing international treaties

(a) with the consent of all the States

(b) with the consent of the majority of States

(c) with the consent of the States concerned

(d) without the consent of any State

Solution (d)

 

Inter-State Relations

Focus:

For coordination between States, the Constitution has provided for Inter-State Comity which consists of:

  • Full Faith and Credit clause
  • Inter-state River water dispute (A-262)
  • Inter-state council (A-263)- composition, functions
  • Zonal council- composition, functions
  • Freedom of Inter-State trade and Commerce
  • Freedom of Movement and residence throughout the country (Article 19(1)(d) and (e))

Emergency Provisions

Focus

  • Different kinds of Emergency- National (A-352), President’s rule(A-356) and Financial emergency (A- 360)
  • Changes brought about by 42nd and 44th Amendment Act w.r.t Emergency
  • Procedure and Time duration for approval, renewal and revocation of emergency and who is authorized to declare and revoke emergency
  • Example: The President can declare National Emergency, which has to be approved by both the Houses within 1 month by Special Majority; the emergency can continue for indefinite period with periodical approval every 6 months; Only LokSabha with a Simple majority can disapprove the national emergency.
  • Impact on distribution of legislative, Executive and Financial Powers when Emergency is in force
  • Effect on Fundamental Rights during emergency (Article 358 and Article 359)
  • Criticism/misuse of emergency powers by the Central Government

 

Note: Financial emergency not so important. Not even once has it been declared.

 

Judiciary

Focus:

  • Supreme Court– Appointment of judges, Procedure for removal of judges
  • Constitutional provisions to safeguard the Independence of Supreme Court
  • Jurisdictions and Powers of Supreme Court – Writ jurisdiction, Appellate jurisdiction, Original jurisdiction, Special leave petition, Advising jurisdiction
  • Power of judicial review
  • High Court– Differences between High Court and Supreme Court with regard to their powers, jurisdiction; Removal of a HC judge
  • Subordinate Courts – Understand the Organization of the Subordinate Courts

Note: Supreme Court and High Courts judgments, verdicts and directions are always in news. This topic too is dynamic – be it with the recently approved National Judicial Appointment Committee (NJAC) or appointment of Special Investigation Team (SIT) on ‘Black money’ or recent verdicts on Capital punishment

Example (2012 Prelims Questions Paper):

Which of the following are included in the original jurisdiction of the Supreme Court?

1. A dispute between the Government of India and one or more States

2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State

3. A dispute between the Government of India and a Union Territory

4. A dispute between two or more States

Select the correct answer using the codes given below :

(a) 1 and 2

(b) 2 and 3

(c) 1 and 4

(d) 3 and 4

Solution (c)

 

 

Constitution Bodies

Focus

  • Election Commission, UPSC, SPSC, Finance Commission, National Commission for SCs and ST’s, Special officer for Linguistic Minorities, Comptroller and Auditor General of India (CAG), Attorney General and Solicitor General, Advocate General of the State
  • Focus on Composition, Powers and functions, Removal of the Constitutional bodies

Example (2011 Prelims Questions Paper):

With reference to the Finance Commission of India, which of the following statements is correct?

(a) It encourages the inflow of foreign capital for infrastructure development

(b) It facilitates the proper distribution of finances among the Public Sector Undertakings

(c) It ensures transparency in financial administration

(d) None of the statements (a), (b) and (c) given above is correct in this context

Solution (d)

 

Example (2012 Prelims Questions Paper):

 

In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)? 

1)  CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.

2)  CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.

3)  Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.

4) While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law.

Which of the statements given above is/are correct?

(a) 1, 3 and 4 only

(b) 2 only

(c) 2 and 3 only

(d) 1, 2, 3 and 4

Solution (c)

 

 

With reference to the Delimitation Commission, consider the following statements :

1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.

2. When the orders of the Delimitation Commission are laid before the LokSabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Solution (c)

 

 

Example (2013 Prelims Questions Paper):

 

Consider the following statements; Attorney General of India can 

1. take part in the proceedings of the LokSabha

2. be a member of a committee of the LokSabha

3. speak in the LokSabha4. vote in the LokSabha

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 4

(c) 1, 2 and 3

(d) 1 and 3 only

Solution (c)

 

 

Non-Constitutional Bodies

Focus

  • Planning Commission, National Development Council, National Human Rights Commission, State Human Rights Commission, Central Information Commission, State Information Commission, Central Vigilance Commission ,Central Bureau of Investigation, Lokpal and Lokayuktas
  • Focus on Composition, Functions, Working of the Non-Constitutional bodies

Example (2013 Prelims Questions Paper):

Which of the following bodies does not/do not find mention in the Constitution?

1. National Development Council

2. Planning Commission

3. Zonal Councils

Select the correct answer using the codes given below.

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Solution (d)

 

Who among the following constitute the National Development Council? 

1. The Prime Minister

2. The Chairman, Finance Commission

3. Ministers of the Union Cabinet

4. Chief Ministers of the States

Select the correct answer using the codes given below:

(a) 1, 2 and 3 only

(b) 1, 3 and 4 only

(c) 2 and 4 only

(d) 1, 2, 3 and 4

Solution (b)

 

Tribunals

Focus:

  • Establishment of the Tribunal, appointment of the Chairman
  • Tribunals under Article 323A and Tribunals under Article 323B
  • Functions and Powers of Administrative Tribunals – Central Administrative Tribunal (CAT) and State Administrative Tribunal (SAT)

Special Provisions for SC’s, ST’s, Backward Classes, Minorities and Anglo-Indians

  • A basic idea – on the Constitutional provisions for SC’s, ST’s, Backward Classes, Minorities and Anglo-Indians

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