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Working of the Government in India

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  • Last Updated : 25 Jul, 2022
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India has a federal constitution. A federal constitution has a national or central government and also state or provincial governments. The framers of our constitution along with the federal system simultaneously succeeded in establishing state governments with a strong central government.  They have divided the powers of state and central governments by making lists regarding what comes under state control and what comes under central control. They are namely union list, the state list, and a concurrent list. 

Elements of state government 

Like the central government state government also has different parts.
1. Executive
2. Legislature
3. Judiciary  

Executive

The executive consists of the Governor, Chief Minister, and the Council of Ministers. They are responsible for the execution of central and state policies, decisions, and schemes. They are responsible for solving the issues and problems of the people and work for their development. 

Governor

The governor is a representative of the central government. He is like a link between the state and the center and is the representative of the president. The president appoints the governor. Governor has a similar role as the president in the center. He is the nominal head of the state. To avoid favoritism in the local politics the Governor appointed is usually not from his native state. Persons from the different states are appointed as the governor. Sometimes common governor in two or more state also exists.  

Chief Minister and the Council of Ministers:
The party that wins a majority of votes in the legislative assembly elections forms a government in the state. Usually, the leader of the party is nominated as the chief minister and he is appointed by the governor. Different major segments like education, water resources, women, food and agriculture, irrigation, etc., are formed as ministries and an MLA is appointed as minister of that concerned ministry. These ministers take responsibility for the proper functioning and development of that sector. Bureaucrats are appointed under them to assist the functions and administration.

Legislative

Like the central government, our constitution opted for a bicameral legislature. At present only 6 states namely, Bihar, Maharashtra, Karnataka, Uttar Pradesh, Telangana, and Andhra Pradesh has a bicameral legislature. In a bicameral legislature, there are two houses which are the Vidhan Sabha and Vidhan Parishad. The members of the Vidhan Sabha or legislative assembly are elected by general election by universal adult franchise. The elected members are called Members of the legislative assembly or MLAs. For The Vidhan Parishad members, 33% are chosen by members of local bodies, and 1/12 are chosen by graduates of three years standing and living inside the state. 1/12 are chosen by teachers of three years remaining in the state, not lower in norm than secondary school. 33% are chosen by the MLAs of the state from among people who are not members of the assembly. The rest are selected by the governor from among people who have extraordinary or functional experience in various fields.

Elections
For the representation of people, the state is divided into different constitutions based on the population. Each constituency elects a representative who is an MLA.

Judiciary

The state has a judiciary with the apex court as the High court. It further has district and local courts. Each state has a chief justice who heads the high court. He and other judges are appointed by the president with the advice of the chief justice of India and the governor of the state. The high court deals with the original jurisdiction which are cases it hears in the first instance, appellate jurisdiction which are cases from the subordinate courts, and writ jurisdiction for the enforcement of fundamental rights. The Supreme Court is the highest judicial authority in the country and high courts are subordinate to it. 

Working

The Role of opposition

As learned earlier the MLA elected can be of the ruling party or the opposition party, an opposition party is a party that secures the majority of the seats next to the winning party. The opposition party plays a major role in pointing out the defects in the policies and problems of the people. It acts as a check for the ruling party without opposition there would be no to monitor and criticize the wrong decisions of the government. 

Assembly sessions

The assembly meets at least two times a year with gap no more than 6 months. During these sessions, the ruling party puts for the major decisions such as budget, policies and schemes to be introduced, solutions for the existing problems. These are discussed among all the members of the assembly. The speaker presides the session. The opposition raises the problems and the negatives of the existing policies or argues about the new s decisions that are introduced in the assembly. 
This process helps in bringing to the notice of the government the real problems of the people and solutions are put forth. For any bill to pass the members vote for or against it and a normal or special majority is required for a bill to pass depending upon the type of the bill.

Role of press

The role of monitoring the actions of the existing government is not only done by the members of the opposition party. The press also plays a major role in pressurizing the government to solve the problems of the people and to bring their problems and issues into light. Press and media are also used as tools by the government to reach out to the people to explain the policies they want to bring and how they can solve the problems which are brought to light. In the similar manner public and social activists uses the help of press to get their problems into the eye of the government Press is like a two edged knife to the government. The good and bad decisions are put forth without disparity to the people. This can equally gain the people’s trust and appreciation of the people or can get a negative opinion among them. So the government is always carefully in making their decisions and tries its best to get a bad opinion among the people.

Sample Questions

Question 1: What is a federal system and how is the federal system in India?

Answer:

Federal system is that form of government which has national government and small individual governments as local, provincial or state governments. the state governments can make their own laws based on the situation of the state with some limitations where it does not violate the constitution. The USA is the best example of a federal government.

India has a federal system of government but with a strong center. that means there is government which forms in the center and separate state governments. The powers are divided by the lists mentioned in the constitutions which are the state list. with federal system India still managed to maintain a strong center. state has limitations regarding many and requires approval of the center unlike USA. The laws are common for all the states.

Question 2: How does powers of governor differ from the powers of president?

Answer:

  • President is the head of the Indian state, whereas governor is the representative of president to the state.
  • Only the president can give pardon in case of a death sentence whereas the both the president and governor can commute it.
  • President nominates 12 members to the Rajya Sabha whereas governor nominates 1/12th of the members to the Vidhan Parishad when the state has a bicameral legislature.
  • President can nominate two Anglo Indians in Lok Sabah but governor can nominate only one Anglo Indian to the assembly
  • President is the head of the all the armed forces and has the power to declare war or peace. governor has no such power.

Question 3: How are MLCs elected?

Answer:

MLC or member of legislative council are elected party by elections are partly are selected by representatives and partly are nominated by the governor.

1/3rd of the members are chosen by the members of local bodies, i.e. the panchayats and municipalities, 1/12 are chosen by graduates of three years . 1/12 are chosen by teachers  who teach not lower than secondary school and worked as teacher for at least 3 years . 33% are chosen by the MLAs of the state from among people who are not members of the assembly. the remaining members are nominated by the governor among the people who have specialized experience in various fields like sports, literature etc.,

Question 4: Explain the scenario of a government which has no opposition?

Answer:

In a government without opposition there will be no one oppose or criticize the mistakes or draw backs of the ruling government. there will no one to bring out the problems of the people in the assembly sessions. there will be no concept of discussion or pointing out the demerits or required changes to be done in the proposed policy as every member will be favorable to the ruling party. there will be major chance for the members to misuse their power and involve themselves into scams and bribes. 

Question 5: Explain the process of passing of a bill in a state assembly?

Answer:

  • A bill can be introduced in any house of the state except for the money bills. There will be at least three readings before the bill goes for the assent of the governor. 
  • When the bill is introduced by a minister in a house many discussion and debates takes place on each and every part of the bill. This is to make sure that the bill which when approved becomes an act has no glitches. This happens in each house if a state has bicameral legislature. 
  • When there is disagreement regarding the bill between both the houses that means if one house agrees to the passing of bill but the other doesn’t, the decision of the lower house is considered. that means that there is no concept of dead lock in the state legislature. dead lock is a situation where one house doesn’t accept a bill. in such cases in the parliament joint session are conducted to resolve it. by in state there is no process to resolve a deadlock.
  • If a bill is introduced in the legislative council and if the lower house or legislative assembly disagrees to it the bill will be terminated.
  • If the bill passes in both the houses with required majority ,it is sent to the governor.  The governor may give his assent or send it back for reconsideration or forward it to the President. The President may give his assent or send it back for reconsideration. If the bill is passes again with or without amendments there is no obligation on the President to approve it. If the governor reserves a bill for the consideration of president he has no further role regarding that bill.

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