Introduction to Government
The Structure of a State Government is as follows
Legislature consists of Governor, the Legislative Council and Legislative Assembly.
The Governor assents to the bills passed by both houses. In certain cases, he may return a bill to the Legislature, giving his reason; however, if the two houses pass the bill with or without accepting his recommendations, he has to assent to it. He may refer certain bills to the President for consideration and assent. The Governor also has powers to promulgate ordinances, when the houses of the Legislature are not in session. The ordinances are, however, required to be laid before the houses and cease to operate after six weeks from the reassembly unless, before the expiry of that period, a resolution disapproving the ordinance is passed by the Legislative Assembly and agreed to by the Council.
The Governor summons and prorogues the two houses and dissolves the Vidhan Sabha. He addresses the two houses assembled together at the beginning of every year and at the first session after every general election. In his address, the Governor reviews the activities of his government during the past year, and apprises the two houses of the programs to be carried out in the ensuing year. He also refers to the bills proposed to be submitted for approval. The Governor's Address is prepared by the Council of Ministers and is in fact, a statement of the policies of the government.
The Legislative Council or Upper House is a perpetual house and not subject to dissolution. The term of office of a member is six years; but one third of its members retire every two years. The Council is a mix of representatives among the cross section of the state and also people with expertise in various specific fields of knowledge, literature and arts.
The Legislative Assembly or Lower House consists of members that are directly elected on the basis of adult franchise. The normal life of the Legislative Assembly is five years. It can, however, be dissolved earlier, and in an emergency, its term can also be extended by a maximum period of one year. (Vide Article 172 of the Constitution).
The two houses, though constituted on different principles, are nevertheless co-ordinate chambers. The Legislative Assembly as the directly elected house, enjoys exclusive powers in financial matters. Financial bills can originate only in the Legislative Assembly, which has a prevailing voice in the case of money bills.
Under the Cabinet system of government adopted by this country, the Executive (the Government) is fully responsible and accountable to the Legislature and can hold office only so long as it can command the support of the Lower House. Apart from approving the bills and sanctioning the budget, the Legislature exercises supervision over the work of the Executive by keeping a close watch on its functioning in two ways. One is through legislative devices, such as questions, calling-attention notices, resolutions, short duration discussions, adjournment motions, no-confidence motions, cut-motions on the demands for grants, amendments to the Governor's address, etc. The other is through the committees of the Legislature entrusted with the task of scrutinizing specific fields of governmental activities. These committees have powers to send for any persons, papers or records and can also examine witnesses and make reports and recommendations.
The Judiciary is one of the three arms of the
state. Its independence and effectiveness define the true state of a
democracy. However, the Judiciary is also the weakest of the three
organs without any executive machinery of its own or with a formal
popular base, as in the case of the Legislature. Every democratic
constitution, therefore, tries to have in-built safeguards to
maintain the independence of the Judiciary.
Law and Judiciary Department
Since Independence, there has been a tremendous growth in the
executive functions of the state, due to:
The progress of the state depends on the executive branch. All credit and blame regarding the overall condition of the state depends on the executive branch. India is a country rich in natural resources and has excellent hard working people. There is a danger in many states that the executive branch is merely an extension of the British model of exploitation. Some of the current ills of India (for example Corruption) have their source in this branch. Fortunately, the overall condition of this branch has been changing for the better in the last few years all over India.
Bihar Governor Shri Keshri Nath Tripathi
Bihar Chief Minister Shri Nitish Kumar
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