TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

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Telangana TSBIE TS Inter 2nd Year Political Science Study Material 4th Lesson State Government Textbook Questions and Answers.

TS Inter 2nd Year Political Science Study Material 4th Lesson State Government

Long Answer Questions

Question 1.
Write about the powers and functions of the State Governor.
Answer:
The Governor is the head of the State. The executive powers of a State are vested in the Governor. They are exercised by him either directly or through officers subordinate to him in accordance with the constitution. Like the President of India, the Governor is only a constitutional head and the real powers are exercised by the Council of Ministers headed by the Chief Minister. He is also called ‘Rajpal’.

Qualifications:
Article 157 of our constitution lays down the following qualifications for the appointment of a person as a Governor.

  1. He shall be a citizen of India.
  2. He should have completed the age of 35 years.
  3. He should not be a member of either House of Parliament or State Legislature.
  4. He should not hold any office of profit in Union or State or Local goverment

Appointment:
Article 155 lays down that Governor of a State shall be appointed by the president. The President appoints the Governor on the advice of the Prime Minister.

Salary and Allowances:
The salary and allowances of Governor are determined by an Act of Parliament. At present the Governor receives a monthly salary of Rs. 1,10,000/-. He resides in the official building “Rajbhavan”. Besides he is entitled to many other allowances and privileges. His pay and allowances shall not be reduced during his tenure. His pay and allowances are charged on the Consolidated Fund of the State.

Tenure :
The Governor continues in office for a period of five years. However, he holds office during the pleasure of the President. The President can remove or transfer him to any time. Further, even after the expiry of five years, the Governor may remain in office till the assumption of office by the new incumbent.

Powers and Functions of the Governor :
The Governor exercises important powers and functions. They are mentioned as follows:

  1. Executive Powers and Functions.
  2. Legislative Powers and Functions.
  3. Financial Powers and Functions.
  4. Judicial Powers and Functions.
  5. Miscellaneous Powers and Functions.
  6. Discretionary Powers and Functions.

1. Executive Powers :
The Governor is vested with the executive powers of the State Government as per Articlel 54 of our constitution. The Governor exercises these powers either directly or through officers subordinate to him.

  1. The Governor appoints the Chief Minister.
  2. He appoints the ministers on the advice of the Chief Minister. ‘
  3. He allocates portfolios among the ministers, reshuffles their portfolios.
  4. He removes the ministers on the advice of the Chief Minister.
  5. He also appoints the Vice-Chancellors of the universities in the state.
  6. He appoints the Chairman and Members of the :
    a. State Public Service Commission.
    b. Official Language Commission.
    c. Minorities Commission.
    d. Commission for Women and.
    e. State Government Undertakings.
  7. He regulates the postings and transfer of the All India Services Personnel working in the state.
  8. He formulates the rules and regulation for the smooth transaction of the business of the State Government.
  9. He promulgates ordinances during the recess of the State Legislature.
  10. He appoints the Chief Secretary and Advocate General of the State Government.
  11. The Governors of Bihar, Madhya Pradesh, Odissa, and Assam have a special responsibility of promoting the welfare of the tribal people.

2. Legislative Powers :
The Governor is an integral part of the State Legislature.

  1. The Governor convenes and prorogues the two Houses of the State Legislature. He dissolves the lower House of the State Legislature.
  2. He addresses the State Legislative Assembly in person or through messages.
  3. He nominates 1/6th of the members to the State Legislative Council.
  4. He nominates and Anglo-Indian member to the State Legislative Assembly if no one is elected to that House.
  5. He inaugurates the first session of the State Legislative Assembly every year or after the general elections are over.
  6. He accords permission to the bills sent by the State legislature or returns them suggesting alterations or modifications.
  7. He appoints the Pro-term Speaker of the State legislative Assembly,

3. Financial Powers :
The Governor accords permission to the members for moving money bills in the State legislature. He causes the annual budget of the state government to be placed before the state legislature. He maintains the contingency Fund of the State, He sees that the various financial reports are laid before the State legislative Assembly.

4. Judicial Powers:
The Governor has some judicial powers and functions. He can influence the appointments, postings and promotions of the district judges and other judicial officials. He can pant pardon, reprieve or remission of punishment or suspend, remit or cancel the sentence of a person convicted of any offence against law. He makes suggestions to the President in the matters concerning the appointment of High Court Judges. He appoints the judicial personnel of the subordinate courts in the state on the recommendations of the High Court.

5. Miscellaneous Powers :
The Governor receives the annual report of the State Public Service Commission and passes it on to the Council of Ministers for comments. Thereafter, he sends the report and comments to the Speaker of the Legislative Assembly for placing it before State Legislature.

6. Discretionary Powers :
The Governor exercises these powers without the aid and advice of the State Council of Ministers headed by the Chief Minister. The discretionary powers are listed as follows:

  1. Selection of the Chief Minister.
  2. Dismissal of the Ministry.
  3. Seeking information on the legislative and administrative matters from the Chief Minister.
  4. Dissolution of the Legislative Assembly.
  5. Asking the Chief Minister to place before him the matter on which a decision has been taken by a minister but which has not been considered by the State Council of Ministers.
  6. Advising the President to impose President’s Rule in the State.
  7. Refusing to give assent to a bill passed by the Legislative Assembly and sending it back for its reconsideration, and
  8. Seeking instructions from the President before promulgating Ordinances on some matters.

TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

Question 2.
Explain Powers and Functions of the Chief Minister.
Answer:
Articles 163 and 164 of our constitution deals with the office of the Chief Minister. Article 163 states that the Chief Minister, along with other Ministers, renders advice to the Governor in the exercise of his functions.

The Chief Minister plays a prominent role and occupies a key position in the State Government He acts as the head of the (a) State Council of Ministers, (b) Party in power, and (c) the leader of the Assembly, (d) the people. He will have a decisive influence on political arena of the state. He influences the public opinion in the State.

Qualifications :
Usually, the qualifications prescribed for the members of the State Legislative Assembly are applicable to the Chief Minister. The only difference is that a person who is not a member of the State Legislative Assembly may also become the Chief Minister. In such a case, he should be get elected to the State Legislative Assembly within a period of six months from the date of assuming the office.

Appointment :
The Chief Minister is appointed by the Governor (Article 164). Normally the Governor appoints the majority party leader in the State Legislative Assembly as the Chief Minister after the general elections.

Tenure :
There is no fixed tenure for the Chief Minister, The Chief Minister and other Ministers shall hold office and exercise powers during the pleasure of the Governor. The Chief Minister and the Ministers are collectively responsible to the State Legislative Assembly, It implies that the Chief Minister holds his office during the (i) pleasure of Governor and (ii) confidence of the majority members in the State Legislative Assembly. So, the Chief Minister takes all measures to gain the pleasure of the Governor and the confidence of the majority members of the State Legislative Assembly. Normally the Chief Minister holds office for a period of five years.

Salaries & Allowances:
State legislature decides the salaries and allowences of various officer such as office of the chief minister’s council of minister and members of legislative assembly. Telangana Chief Minister recieves a monthly salary Rs. 51,000, constituent allowences of Rs. 2,30,000/- and office expenditure 1,40,000/-, Total Rs. 4,21,000/- Powers and Functions.

The Chief Minister exercises vast powers and carries out varied functions. They are explained as follows.

1. Formation of the Ministry :
Formation of the Ministry is the choice and responsibility of the Chief Minister. He chooses some members of his party or constituent parties in the case of a coalition and recommends their names to the Governor to be appointed as Ministers. He renders advice to the Governor in the matters of allocation of portfolios to the Ministers. He also renders advice to the Governor in dropping a Minister from the ministry.

2. Presides over the Cabinet Meetings :
The Chief Minister is the chairman of the State Cabinet. He presides over it meetings. He decides the agenda, initiates discussions and influences the policies of the Cabinet.

3. Link between the Governor and the Council of Ministers :
The Chief Minister is the main link between the Governor and the Council of Ministers. It is his duty to communicate to the Governor all the decisions of the Council of Ministers, relating to the administration of the state and proposals for legislation. He is the chief advisor of the Governor.

4. Leader of the Legislative Assembly :
The Chief Minister is the leader not only of his party, but also of the Legislative Assembly. He acts as a leader of the majority party in the State Legislative Assembly. He informs the party members about the programmes implemented by the State Government. He seeks the co-operation and support of the legislators for the successful and effective Implementation of the government policies. He brings co-ordination between the members of Assembly and the Government. It is his duty to help the Ministers on the floor of the House in case they are cornered by the opposition. He is the chief defender of the policies of the State Government.

5. Chief Spokesman :
The Chief Minister is the chief spokesman of the State Government. He makes important announcement on behalf of the State Government, His statement in and outside the State Legislature carry much legitimacy and influence in the State.

6. Leader of the Party in Power:
The Chief Minister is the leader of the party in power at the state level, He participates in the party meetings, He informs the various policies and programmes of the State Government in the party meetings. He seeks the cooperation of the party members for effective implementation of the State Government programmes. He brings coordination between the party in power and the government.

7. Leader of the people :
The Chief Minister acts as the prominent leader of the people in the state, He maintains rapport with the people by visiting frequently different places in the state. He consoles the affected people during natural calamities. He draws the attention of the people towards the developmental programmes taken up by the government by making them involved in such activities.

8. Chief Advisor to the Governor :
The Chief Minister renders advice on the matters of placements and promotions in public services. He also renders advice to the Governor in accepting the resignation of some Ministers. The Chief Minister acts as the Chief advisor to the Governor in the matter of composition of the Ministry, allotment of portpolios to the Ministers, reshuffling the Ministry, disolution of the Assembly, Appointment of Chairman and Members of State Government Undertakings, issue of ordinances etc.

9. Power of getting the State Legislative Assembly dissolved :
The Chief Minister has the privilege to advise the Governor to dissolve the State Legislative Assembly in case he finds that the Government cannot be carried on in accordance with the provisions of the constitution or in case he is likely to lose the majority in the Assembly. Such advice is given by the ChiefMinister alone on the basis of political considerations.

1o. Role in Union – State Relations :
As the real head of the state administration, it is the main responsibility of the Chief Minister to maintain good relations with the Union government. He has to use his position for securing financial grants and help required for carrying out the development works In the state. In case, he belongs to a party other than the one which is in power at the Union Government, he has to act as a good negotiator.

TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

Question 3.
Point out powers of the State Council of Ministers.
Answer:
The constitution of the India provides for a parliamentary system of government at the state level. It lays down that the Governor of the state shall act as the constitutional and normal head of the state executive, The real executive powers shall be exercised by the State Council of Ministers with the Chief Minister as Its head. The State Council of Ministers is an important constituent of the state executive. lt consists of members belonging to one or more parties. It works as a team under the leadership of the Chief Minister,

Composition :
The State Council of Ministers includes (i) the Chief Minister, (ii)Ministers of cabinet rank, (iii)Ministers of state rank and some times deputy ministers.

Appointment :
All the ministers including the Chief Minister are appointed by the Governor. The Chief Minister enjoys the privilege to select a few legislators of his party and recommend their names to the Governor for appointment as ministers.

Powers and Functions :
The powers and functions of the State Council of Ministers are discussed as under,
1. Formation of State Government policies :
The State Council of Ministers has the responsibility of formulating and determining the policies of the state government it makes discussion and takes decisions on various matters of the State Government. In this regard, all matters are thoroughly discussed by the Cabinet Ministers by meeting frequently and in the name of the Council of Ministers.

2. Maintainence of administration :
The State Council of Ministers maintains the state administration, The ministers are held responsible for running the administration of the state in accordance with the policies of the government and the laws passed by the State Legislature. Each Minister has one or more departments under his control and is responsible for the administration of such departments.

3. Co-ordination function :
The State Council of Ministers is responsible for securing coordination in the functioning of the various governmental departments. Without coordination among the departments, the smooth sailing of the State Government cannot be ensured. All the ministers unanimously support decisions of the statecabinet.

4. Powers of Appointment :
The State Council of Ministers plays a key role in all important appointments to the various offices in the state. The appointment of the Advocate General, Vice Chancellors of the Universities in the state, Chairman and Members of the State Public Service Commission, etc., are all done by the Governor on the advice of the State Council of Ministers.

5. Role in Law-making :
The State Council of Ministers plays a key role in the legislative sphere. It is the Ministry which really decides the legislative programme. The cabinet plays a significant role in law making in the state. It carries out this role so long as it enjoys the support of majority members in the state Legislative Assembly. The Governor summons, prorogues and dissolves the State Legislative Assembly upon the advice of the Council of Ministers headed by the Chief Minister.

6. Financial Functions :
The State Council of Ministers yields control over the finances of the state. It determines the fiscal policy of the state. The Cabinet formulates and implements all development policies and plans. It manages the finances of the state in accordance with the policy and budget as passed by the State Legislature.

Question 4.
Explain the structure of the State Legislative Council.
Answer:
Composition of Legislative Council (Vidhana Parishad):
The Upper House of the State Legislature is known as Legislative Council. The Constitution lays down that a Legislative Council shall have not less than 40 members and not more than 1/3rd of the total membership of the State Assembly. The Legislative Council consists of both nominated arid elected members.

The election is conducted through indirect method by means of proportional representation with a single transferable vote.

Distribution of Seats:

  1. 1/3rd are elected by the members of the State Assembly.
  2. 1/3rd are elected by the members of local bodies.
  3. 1/12th are elected by teachers.
  4. 1/12th are elected by graduates.
  5. The remaining 1/6th members are nominated by the Governor from among persons who have distinguished themselves in the fields of Literature, Science, Arts, Social Services, etc.

Qualifications:
The members of the Council 1) must be citizens of India, 2) must have completed 30 years of age and 3) must possess such other qualifications as may be prescribed by the Legislature.

Term :
The members are elected for a period of 6 years. But 1 /3rd of them retire for every 2 years. The Council is a permanent body. It cannot be dissolved by the Governor.

Chairman and Deputy Chairman :
The Council has Chairman and a Deputy Chairman who are elected by the members of the Council from among themselves. The Chairman presides over the meetings of the Council.

Question 5.
Write a note on the State Legislative Assembly.
Answer:
Legislative Assembly is the popular, democratic, powerful and directly elected House of the State Legislature.

Composition :
There will be a Legislative Assembly for every state. The Legislative Assembly represents the people of the state. Its membership varies between 60 and 500. The members are directly elected by the voters of various constituencies in the state. The membership of the House is proportionate to the population of the state. Some of the seats are reserved for scheduled castes and scheduled tribes. The Governor has the power to nominate a member of the Anglo-Indian community in case he finds that the community has inadequate representation in the Legislative Assembly.

Qualifications :
A person who wishes to contest for the membership of the State Legislative Assembly must possess the following qualifications.

  1. He must be a citizen of India
  2. He must have completed the age of 25 years
  3. He must not hold any office of profit
  4. He must possess such other qualifications as prescribed by an Act of the Parliament.

Tenure:
The Normal tenure of Legislative Assembly is 5 years. It can be dissolved by the Governor at any time. It can be suspended or dissolved by the President under Article 356. The tenure of the Legislative Assembly may be extended for a period not exceeding six months by an Act of Parliament during the emergency. Later elections must be held without delay within six months duration.

Presiding Officers :
The Presiding Officer of Assembly is known as Speaker. He is elected by the members of the Assembly. The Assembly also elects a Deputy Speaker to conduct the business of the House in the absence of the Speaker.

Quorum :
According to Article 188, The quorum for conducting the State. Legislative Assembly meeting was fixed at 1/10th of the total membership.

TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

Question 6.
Describe the powers and functions of the High Court.
Answer:
The high court has the following powers and functions :

Original Jurisdiction :

  1. The High Court original jurisdictions incases related to the laws and orders of state administration, marriage, divorce, succesion and contempt of court:
  2. Under Article 226, the High Court is empowered to issue writes like Habeas Corpos, Mondamus prohibition, certiorari, Quo-warranto and injuction for the protection of fundamental right of citizen.
  3. Settle election disputes of parliamentary members and state legislative members.

Appellate Jurisdiction :
1) Civil Cases :
An appeal to the High Court can be made on a decision of a District Court or subordinate courts, provided that the dispute involves a value of more than Rs. 5000/- or a question of fact or law.

2) Criminal Cases :
Cases of punishment for four years or more and all cases involving capital punishment awarded by the session court are appealled in the High Court. A death sentence by session’s court shall be approved by the High Court.

Court of Record :
High court’s decisions and judgements are recorded and taken as judicial precedence.

Judicial Review :
The High Court has the power to review and declare any law or ordinance ultravires if, it is in contradition with the Constitution. ’

Administrative Function :
Under Article 227 every high court has power to supervise its subordinate courts.

  1. It can issue general rules regulating the practices and proceedings of subordinate courts.
  2. It can ask for the details of the proceedings of the subordinate courts.
  3. It can transfer any case from one court to another (Article 228) and can even transfer the case to itself and decide on the same.
  4. It has the power to investigate or enquire into the records or other connected documents of any court subordinate to it.
  5. The High Court has the power to appoint its administrative staff and determine the salaries allowances and other conditions of the personnel working in subordinate courts.

Very Short Answer Questions

Question 1.
State Executive.
Answer:
Article 153 to 167 of Indian Constitution deal with the matters relating to the State Executive-The State Executive consists of the Governor and the Council of Ministers headed by a Chief Minister. Besides, there are some administrative personnel who assist the ministers in the functioning of state government.

The Governor is the constitutional head of the State Government where as the council of ministers is the real executive. The Council of Ministers is collectively responsible to the State Legislature.

Question 2.
Any two legislative powers of the Governor.
Answer:
i) The Governor convenes and prorogues the two Houses of the State Legislature. He dissolves the Lower House of the State Legislature, ii) He addresses the State Legislative Assembly in person or through messages.

TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

Question 3.
Composition of State Council of Ministers.
Answer:
The State Council of Ministers include :

  1. The Chief Minister.
  2. Ministers of Cabinet rank.
  3. Ministers of State rank and some times deputy ministers. All the ministers including the Chief Minister are appointed by the Governor. The Chief Minister enjoys the privilege to select a few Legislators of his party and recommend their names to the Governor for appointment as ministers.

Question 4.
Discretionary powers of the Governor.
Answer:
The Governor exercises these powers without the aid and advice of the State Council of Ministers headed by the Chief Minister. The discretion any powers are listed as follows:

  1. Selection of the Chief Minister.
  2. Dismissal of the Ministry.
  3. Dissolution of the Legislative Assembly.
  4. Advising the President to impose President’s Rule in the State.
  5. Seeking instructions from the President before promulgating ordinances on some matters.

Question 5.
Appointment of the Chief Minister.
Answer:
The Chief Minister is appointed by the Governor. Normally, the Governor appoints the majority party leader in the Legislative Assembly as the Chief Minister, after every General election. When no single party is able to secure majority in the Legislative Assembly, the Governor explores all possibilities of installing a stable government. He invites such a leader, who is capable of earning the confidence and support of the majority Legislators of other parties in forming the Government.

Question 6.
Legislative Assembly.
Answer:
Legislative Assembly or Vidhana Sabha is the first house or popular chamber in state legislature. It consists of members directly elected by the registered voters of different constituencies in the state. All adult citizens cast their votes in the Assembly elections. The membership of the Legislative Assembly varies between 60 and 500. Some seats in the House are reserved for Scheduled castes and Scheduled tribes.

The Governor nominates an Anglo Indian member if no candidate of that community is elected to the House.

Question 7.
Legislative Council.
Answer:
Legislative Council or Vidhana Sabha is the upper house or second chamber of the State Legislature. At present 6 states – Andhra Pradesh, Bihar, Jammu-Kashmir, Karnataka, Maharastra and Uttar Pradesh have Legislative Councils. The total membership of the Legislative Council cannot be normally less than 40 and not more than 1/3rd of the total membership of the Legislative Assembly of that State.

TS Inter 2nd Year Political Science Study Material Chapter 4 State Government

Question 8.
Assembly Speaker.
Answer:
The Legislative Assembly will have an elected officer i.e., the Speaker for conducting its business. The position, powers and functions of the speaker In the conduct of the business of the House are respectively the same as those of the speaker of the Lok Sabha.

Question 9.
Composition of High Court.
Answer:
The High Court comprises of a chief Justice and such other judges as the President may prescribe and appoint from time to time. The constitution provides for the appointment of adhoc judge for a period not exceeding two years. Such judges are appointed to meet the urgency of work in a High Court.

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