Constitutional Values – II

Material compiled by

Dayananda N
[Link], NET, KSET
Assistant Professor of Commerce and Management
 Module – 01
State Legislature, State Executive & Centre-State Relationship
State Legislature:
Meaning:
The State Legislature is the law-making body of the State. The State legislatures of India
comprises the State Legislative Assembly (Vidhana Sabha) and the Legislative Council
(Vidhana Parishad).

COMPOSITION OF STATE LEGISLATURE:

The State Legislature consists of:
1. The Governor and
2. The Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad).
 The Legislative Council is known as the Upper house.
 The Legislative Assembly is known as the Lower house.

LEGISLATIVE ASSEMBLY (VIDHAN SABHA):

Meaning:
The Legislative Assembly is known as the lower house or people’s house. It represents the
people of the state.
Vidhan Sabha or Legislative Assembly, the directly elected lower house of a state legislature
in India, responsible for making laws for that state, with members (MLAs) serving five-
year terms
Every state shall have a Legislative Assembly.

QUALIFICATIONS TO BECOME THE MEMBER OF VIDHAN SABHA

1. He/she should be the citizen of India
2. He/she should be at least 25 years of age
3. His/ her name must be in voters’ list
4. He/ she should not hold an office of profit under the central, state or local government.

TERM OF VIDHAN SABHA:

 The tenure of Vidhan Sabha is 5 years.
 The Governor can dissolve it before the completion of its term on the advice of Chief
minister.
 It may also be dissolved by the president in case of constitutional emergency
proclaimed under Article 356 of the constitution.
Composition of Karnataka Legislative Assembly (Vidhana Sabha)
The Karnataka Legislative Assembly (Vidhana Sabha) consists of 224 directly elected
members from single-member constituencies and one nominated member to represent the
Anglo-Indian community, totaling 225 seats.
Karnataka assembly has 224 elected members and there is no nominated member.

Powers of Vidhana Sabha:

1. Legislative Powers:
Vidhana Sabha has the primary authority to make laws on subjects mentioned in the State
List and Concurrent List. Bills related to these subjects can be introduced and passed
by the Assembly. In bicameral legislatures like Karnataka, if there's disagreement with the
Vidhana Parishad (Legislative Council), the Vidhana Sabha's decision prevails after a waiting
period. Laws passed by the Assembly become acts after the Governor's assent. This
power ensures that state-specific laws reflect local needs and conditions, thereby
strengthening democratic law-making at the state level.

2. Financial Powers:
Vidhana Sabha holds exclusive power in financial matters. A Money Bill can be
introduced only in the Vidhana Sabha and not in the Vidhana Parishad. The Assembly
controls the state budget, including taxation, expenditure, and public funds. The
government cannot levy or collect any tax without its approval. The Annual Financial
Statement (state budget) is laid before the Vidhana Sabha, and funds are allocated after
its sanction. The Assembly also scrutinizes grants and expenditure through debates and
discussions. Thus, it plays a crucial role in ensuring transparency and accountability in state
financial administration.

3. Executive Control:
Vidhana Sabha exercises control over the state executive, including the Chief Minister
and Council of Ministers, who are collectively responsible to the Assembly. Members
can question government policies, demand answers, and move motions like the No-
Confidence Motion to challenge the executive. Ministers must answer queries during
sessions, explain policies, and respond to criticisms. This system of legislative oversight
ensures that the government remains accountable to the people. If the Assembly passes a no-
confidence motion, the entire Council of Ministers, including the Chief Minister, must
resign. This reinforces the democratic principle of responsible governance at the state level.

4. Electoral Power:
Vidhana Sabha also plays an indirect electoral role. Its members participate in the election of
the President of India through an electoral college. Additionally, Members of Legislative
Assembly (MLAs) from each state elect members to the Rajya Sabha (Upper House of
Parliament), in some states, members of the Vidhana Sabha also elect members of the
Vidhana Parishad, where applicable.
5. Constitutional Powers:
Vidhana Sabha also has powers under the Constitution of India. If the President's Rule is
imposed in a state under Article 356. It can only be extended beyond six months with the
approval of Parliament, where the state legislature's report plays a key role. The Assembly
can also pass resolutions for creating or abolishing the Legislative Council (Vidhana
Parishad) in the state, which is then acted upon by Parliament in matters of constitutional
amendments, while the Vidhana Sabha does not amend the Constitution, certain amendments
(like changing the representation of states) require ratification by half the state legislatures,
including Karnataka’s Vidhana Sabha.

Functions of Vidhana Sabha:

1. Legislative Functions
Vidhana Sabha enacts laws on subjects in the State List (List II) and Concurrent List (List
III) of the Constitution. It can pass bills on public order, police, health, agriculture, and
education. If approved by the Vidhana Parishad (where applicable) and the Governor, these
bills become state laws. In case of disagreement between the two houses, the Vidhana
Sabha's decision prevails in most cases after a second review.

2. Financial Functions
Vidhana Sabha controls state finances. Money bills can only originate here, and the
Vidhana Parishad can delay them for up to 14 days but cannot reject them. The assembly
approves the state budget, taxation proposals, and expenditures. It ensures transparency and
accountability in financial matters through debates and committees like the Public Accounts
Committee (PAC).

3. Executive Control
Vidhana Sabha exercises control over the State Council of Ministers. Members can
question ministers, move motions (like no-confidence motions), and debate government
policies. The Chief Minister and cabinet remain in power only as long as they retain the
assembly's majority support. This ensures responsible govemance and prevents misuse of
authority.

4. Electoral Functions
Vidhana Sabha members participate in electing the President of India (along with
Parliament and other state legislatures). They also elect members to the Rajya Sabha from
their state. In some states, they elect a portion of the Vidhana Parishad members,
contributing to the broader democratic process.

5. Constitutional Amendment Role:

While major constitutional amendments require Parliament's approval, some changes (like
altering state boundaries or creating new states) need the concerned Vidhana Sabha's
ratification. This ensures states have a say in federal structure modifications, protecting their
autonomy.

6. Representation of People:
MLAs represent public interests by raising local issues, proposing welfare schemes, and
ensuring government accountability. They act as a bridge between citizens and the
administration, addressing grievances through discussions, questions, and constituency
development programs.

VIDHANA PARISHAD:
Meaning:
Vidhana Parishad, also known as the Legislative Council, is the upper house in the
bicameral state legislature of some Indian states like Karnataka. It is a permanent body that
cannot be dissolved, though one-third of its members retire every two years. Members are
indirectly elected through various constituencies including local bodies, graduates, teachers,
and the legislative assembly, while some are nominated by the Governor. The Vidhana
Parishad acts as a revising chamber reviewing and suggesting amendments to bills passed
by the Vidhana Sabha.

QUALIFICATIONS TO BECOME THE MEMBERS OF VIDHAN PARISHAD:

1. He/ she should be a citizen of India.
2. He/ she should have attained the age of 30 years.
3. He/ she should be a registered voter of the state.
4. He/she should not hold any office of profit under the central, state or local government.

COMPOSITION OF VIDHAN PARISHAD:

Members should not exceed one- third of the total number of members of Vidhan Sabha
but this should not be less than 40.

TERM OF VIDHAN PARISHAD:

1. It is never dissolved.
2. The tenure of its members is 6 years.
3. One-third of its members retire after every 2 years.
4. The retiring members are eligible for re-election.

POWERS OF VIDHAN PARISHAD: Legislative Powers

1. Legislative Powers:
Vidhana Parishad has the power to discuss and review ordinary bills passed by the
Vidhana Sabha. It may suggest amendments or delay a bill, but it cannot permanently
block it. If the Assembly passes a bill and the Council rejects or delays it for more than four
months (two months in each of two successive sessions), the bill is deemed passed by both
houses. Thus, while it plays an important advisory and revisory role, the ultimate
legislative power rests with the Vidhana Sabha in case of disagreement.

2. Financial Powers:
The financial powers of the Vidhana Parishad are very limited. A Money Bill can only be
introduced in the Vidhana Sabha, and once passed, it is sent to the Council for its
recommendations. The Council cannot amend or reject a Money Bill, it must return the bill
within 14 days, whether with recommendations or without. The Vidhana Sabha may accept or
reject these recommendations. Therefore, the Parishad acts merely as an advisory body in
financial matters and has no decisive role in approving the budget or taxation proposals of
the state government.

3. Deliberative Powers
As a deliberative body, the Vidhana Parishad provides a forum for informed debate and
discussion on policies, social issues, and legislative proposals. Its members often include
experienced professionals, academicians, and public figures, which helps in enriching
debates with expertise and diverse perspectives. Although the Council's views are not
binding on the Assembly, its deliberations can influence the quality and depth of legislation.
This function makes the Council an important platform for constructive criticism and policy
review, contributing to more thoughtful and well-rounded decision-making in state
governance.

4. Electoral Powers
The members of the Vidhana Parishad participate in certain electoral processes at the state
level. While they do not participate in electing the President or Vice President of India,
they elect their own Chairman and Deputy Chairman Additionally, some members of the
Vidhana Parishad are elected by special electorates like graduates, teachers, and local
authorities, making them a part of a broader electoral framework. This composition ensures
representation from diverse social and professional groups, allowing the Council to reflect
interests beyond those directly represented in the Legislative Assembly.

5. Constitutional Powers
Vidhana Parishad performs certain functions as laid down in the Constitution of India. It can
pass resolutions, discuss matters of public importance, and take part in deliberations
that may assist the government in policy-making. However, it plays no role in
constitutional amendments, which are handled by Parliament and, in some cases, ratified by
state legislative assemblies. The Council can also initiate discussion on issues of
constitutional relevance within the state, and suggest reforms or actions.

6. Advisory Role
The Vidhana Parishad's most significant contribution lies in its advisory and revisory role. It
acts as a check on hasty legislation by the Assembly, especially in complex or technical
matters. Comprising individuals with experience in fields like law, education, and social
service, it provides expert insights and alternative viewpoints. Although it does not wield
significant power, its advice often helps in improving the quality of laws.

Functions Of Vidhana Parishad:

1. Legislative Functions
The Vidhana Parishad reviews and suggests amendments to bills passed by the Vidhana
Sabha (except Money Bills). It acts as a revising chamber, ensuring thorough scrutiny of
legislation. If it rejects or amends a bill, the Vidhana Sabha can override it by passing the bill
again. This system prevents hasty law-making while maintaining the lower house's
supremacy

2. Delaying Powers on Bills

Parishad can delay non-Money Bills for up to three months (first reading) and one
month (second reading). This allows for additional debate and public opinion
consideration. However, it cannot block bills indefinitely, ensuring the Vidhana Sabha's final
authority in law-making.

3. Financial Bill Limitations

Parishad has no control over Money Bills. It can only discuss them for 14 days and suggest
recommendations, which the Vidhana Sabha may accept or reject. This ensures financial
matters remain under the directly elected house's authority.

4. Executive Oversight
Members can question ministers, debate state policies, and hold the government
accountable through discussions and motions. However, unlike the Vidhana Sabha, it
cannot pass a no-confidence motion, ensuring stability while still allowing constructive
criticism

5. Electoral Functions
The Parishad participates in electing Rajya Sabha members (1/3rd from its own members).

6. Special Responsibilities
It can recommend legislation on state-specific issues, such as cultural preservation,
education reforms, or local governance improvements. Though not binding, these
recommendations influence policy-making.

7. Constitutional Amendment Role

For certain constitutional changes (eg, altering state boundaries or abolishing the
Parishad itself), its consent is required protecting states federal interests.

DIFFERENCES BETWEEN VIDHANA SABHA AND VIDHANA PARISHAD:

Basis of Comparison Vidhan Sabha (Legislative Vidhan Parishad (Legislative Council)
Assembly) (Lower House) (Upper House)

House Type Lower House (People’s House). Upper House (House of Elders).

Election Method Directly elected by the people. Indirectly elected and nominated.

Term 5 years (can be dissolved earlier). Permanent (1/3rd members retire every 2
years).

Minimum Age 25 years. 30 years.

Membership Max: 500, Min: 60. Max: 1/3 of Assembly, Min: 40.

Presiding Officer Speaker. Chairman.

Financial Powers High; Money bills initiated here. Limited; Can only delay for 14 days.

Existence Present in all states/UTs. Present in 6 states only (AP, Bihar,

Karnataka, Maharashtra, Telangana, UP).

Creation/Abolition Cannot be abolished. Created/Abolished by Parliament (Art.

169).

STATE EXECUTIVE
Meaning:
The state executive is the branch of state government responsible for implementing laws
and policies, mirroring the Union government's structure.
State executive consists of Governor and Council of Ministers with Chief Minister.

GOVERNOR:
Meaning:
Governor is the nominal head of a state in India and functions as the representative of the
President of India. Appointed by president, the Governor acts on the advice of the
Council of Ministers headed by the Chief Minister.
The Governor's key responsibilities include summoning and proroguing the State Legislature,
giving assent to bills, appointing the Chief Minister, and overseeing the state's constitutional
functioning. During emergencies or President's Rule, the Governor assumes special powers.
Though the role is largely ceremonial, the Governor ensures that the state government
operates within constitutional limits.

QUALIFICATIONS REQUIRED TO BECOME THE GOVERNOR:

1. Be a citizen of India
2. Should have completed 35 years of age
3. Should not be a member of the Union Parliament or the State Legislature
4. Should not hold any office of profit.

TERM OF THE GOVERNOR:

 The Governor is appointed for a term of five years. But before the expiry of his full
term, the president can dismiss him from office.
 His term of office may be extended and he may be transferred to another state.
 The state government cannot remove the governor from his post.

POWERS OF THE STATE GOVERNOR:

1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers
1. Executive power

2. Legislative Powers

3. Financial Powers
4. Judicial powers:

FUNCTIONS OF GOVERNOR:

1. Executive Functions
Governor is the constitutional head of the state and exercises executive powers on the advice
of the Council of Ministers headed by the Chief Minister. The Governor appoints the Chief
Minister, ministers, and other key officials. He/she also oversees the functioning of the
state administration, ensures that laws are implemented, and can exercise discretionary
powers when necessary The Governor is responsible for maintaining the smooth
functioning of the state government according to constitutional provisions
2. Legislative Functions
Governor plays a vital role in the legislative process. He/she summons and prorogues the
sessions of the State Legislature and can dissolve the Legislative Assembly. The Governor
gives assent to bills passed by the state legislature, or may withhold assent, return a bill for
reconsideration, or reserve it for the President's consideration. This function ensures the
bills passed align with constitutional principles and state interests

3. Judicial Functions
Governor has limited judicial powers, including the power to grant pardons, reprieves,
respites, or remission of punishment to convicted criminals under state laws. This power
helps in correcting judicial errors or granting clemency in special cases. The Governor also
acts as a guardian of the Constitution by ensuring that the state government follows
constitutional norms and can recommend President's Rule if governance fails.

4. Discretionary Powers
Though most actions of the Governor are based on ministerial advice, certain discretionary
powers allow independent decision-making.
For example, when no party gets a clear majority after elections, the Governor decides
whom to invite to form the government. The Governor may also withhold assent to a bill or
reserve it for the President's decision. In such situations, the Governor acts to maintain
political stability and constitutional governance

5. Emergency Powers
Governor plays a crucial role during state emergencies, such as President's Rule under
Article 356 of the Constitution. If the state government fails to function constitutionally, the
Governor reports the situation to the President, who may impose direct central rule. The
Governor administers the state on behalf of the President during such periods. This
function safeguards constitutional order and prevents breakdowns in state governance

6. Miscellaneous Functions
Governor also performs several other roles: appointing key officials like the Advocate
General, members of the State Public Service Commission, and university chancellors.
The Governor promotes the welfare of Scheduled Castes, Scheduled Tribes, and other
backward classes by recommending legislation or schemes. Additionally, the Governor
represents the state in various ceremonial occasions and maintains communication
between the state and the Union Government.

POSITION OF THE STATE GOVERNOR

 He acts as an agent of the central government is a state.
 He is responsible for maintaining the relationship between the central government
and state government.
 The governor will advice the council of ministers in the case of difficult situation.
 The president declares emergency in a state on the basis of the report of the
governor regarding the law and order situation in the state.
 The governor takes independent decisions while exercising discretionary powers.
 He cannot be ignored by the council of ministers. He may even influence the decisions
of the council of ministers in many ways as the head of state.

CHIEF MINISTER:
Meaning;
A Chief Minister (CM) is an elected, real executive head of a state government in India
appointed by governor of the state.
Chief Minister is called the head of the state government.
The Chief Minister is the head of state council of ministers.
He is assisted by his council of ministers, who are a part of state executive along with
Governor and Advocate-General of State.

Eligibility Criteria of CM:

1. To be a citizen of India is the fundamental criterion.
2. Should be at least 25 years of age or more.
3. Should be a member of the state legislature.

Appointment of Chief Minister;

The Constitution does not outline a specific procedure for the appointment of the Chief
Minister. According to Article 164, the Chief Minister is appointed by the Governor.
However, this does not grant the Governor the discretion to appoint anyone; following
parliamentary conventions, the Governor must appoint the leader of the majority party in the
state legislative assembly as Chief Minister.
 Clear Majority:
In situations where a single party has a clear majority in the assembly, the Governor
appoints that party’s leader as Chief Minister.

 Hung Assembly:
If no party holds a majority, the Governor may exercise personal discretion to appoint
the leader of the largest party or coalition, often requiring them to seek a vote of confidence
within a month.

 Succession on Death:
When a serving Chief Minister dies unexpectedly and there is no clear successor, the ruling
party typically elects a new leader, whom the Governor must then appoint as Chief Minister.

 Membership Requirement:
There is no constitutional requirement for a person to prove their majority in the assembly
before being appointed. The Governor can appoint a person who is not yet a member of the
state legislature but must ensure they are elected within six months; if not, they relinquish
their position.
 Legislative House Membership:
The Chief Minister may belong to either House of the state legislature, although they are
conventionally selected from the Lower House (Legislative Assembly). Instances of
appointments from the Upper House (Legislative Council) have also occurred.

TERM OF CHIEF MINISTER’S OFFICE:

➢ Term of Chief Minister is not fixed and he holds his office during the pleasure of the
governor. (usually 5 years).
Note:
➢ Governor cannot remove him any time.
➢ Governor cannot even dismiss him till the time he enjoys the support of the majority of the
house.
➢ When CM loses his majority support, he has to resign and Governor dismisses him then.

POWERS OF CM:
1. Head of the State Executive:
The Chief Minister is the real executive authority in the state. Although the Governor is the
constitutional head, all actual administration and governance are carried out under the
leadership of the Chief Minister. Policies, programs, and decisions of the state government
are guided by them.

2. Formation of the Council of Ministers:

The Chief Minister plays a decisive role in forming the Council of Ministers. They select
members from the legislature and recommend their names to the Governor for appointment.
Without the Chief Minister, the Council of Ministers cannot function effectively.

3. Allocation of Portfolios:
The Chief Minister assigns departments to ministers according to their ability,
experience, and political importance. Important departments such as finance, home, or
education are allotted based on trust and competence. This power ensures smooth functioning
of the government.

4. Removal of Ministers:
If a minister is inefficient, involved in controversy, or loses the confidence of the Chief
Minister, they can be asked to resign. If the minister refuses, the Chief Minister can advise
the Governor to remove them. This maintains discipline and collective responsibility in the
cabinet.

5. Chairperson of the Council of Ministers:

The Chief Minister presides over meetings of the Council of Ministers. They decide the
agenda of meetings, guide discussions, and coordinate among different departments. Without
the Chief Minister, cabinet meetings cannot take place.
6. Leader of the State Legislature:
The Chief Minister is the leader of the majority party in the Legislative Assembly. They guide
government policies inside the house, answer questions, defend government actions, and
ensure the passage of important bills and budgets.

7. Link Between Governor and Council of Ministers:

The Chief Minister acts as the main channel of communication between the Governor and the
Council of Ministers. All cabinet decisions, policy matters, and administrative information
are conveyed to the Governor through the Chief Minister.

8. Advisor to the Governor:

The Governor generally acts on the advice of the Chief Minister in most matters. The Chief
Minister advises the Governor on appointment of ministers, dissolution of the assembly, and
other important constitutional functions.

FUNCTIONS OF CM:
1. In Relation to the Council of Ministers
2. In Relation to the governor
3. In Relation to state legislature
4. Other functions

In Relation to the Council of Ministers:

As the head of the council of ministers, the Chief Minister has the following powers:
1. Appointment of Ministers: The Governor appoints ministers based on the
recommendation of the Chief Minister.
2. Portfolio Management: The Chief Minister allocates and reshuffles portfolios among the
ministers as needed.
3. Ministerial Dismissal: The Chief Minister can ask a minister to resign or advise
the Governor to dismiss them if there is a significant difference of opinion.
4. Presiding over Meetings: The Chief Minister presides over meetings of the council of
ministers and influences its decisions.
[Link] Role: The Chief Minister guides, directs, controls, and coordinates
the activities of all ministers.
6. Council of Ministers Collapse: The Chief Minister can cause the collapse of the council
of ministers by resigning, which will automatically dissolve the council. In contrast, the
resignation or death of other ministers only results in vacancies.

In Relation to the Governor:

The Chief Minister’s powers concerning the Governor include:
1. Communication Channel:
The Chief Minister serves as the primary communication link between the Governor and the
council of ministers, responsible for:
• Informing the Governor of all decisions made by the council.
• Providing information requested by the Governor about state administration and legislation.
• Submitting matters taken up by individual ministers for consideration by the council of
ministers.

2. Advisory Role:
The Chief Minister advises the Governor regarding the appointment of key officials,
including the Advocate General, the chairman and members of the State Public Service
Commission, and the State Election Commissioner.

In Relation to the State Legislature:

As the leader of the House, the Chief Minister possesses the following powers:
1. Session Management: Advises the Governor regarding the summoning and proroguing of
state legislature sessions.
2. Dissolution Recommendations: Can recommend the dissolution of the legislative
assembly to the Governor at any time.
3. Policy Announcements: The Chief Minister announces government policies on the floor
of the House.

Other Functions
In addition to the above roles, the Chief Minister also:
1. Chairs the State Planning Board: Provides leadership for state development planning.
2. Serves as Vice-Chairman: Acts as vice-chairman of the zonal council on a rotational basis
for one year.
3. Membership in Coordination Bodies: Participates in the Inter-State Council and the
Governing Council of NITI Aayog.
4. Government Spokesperson: Acts as the chief spokesperson for the state government.
5. Crisis Management: Takes on the role of crisis manager during emergencies at the
political level.
6. Community Engagement: Meets with various community sections, addressing their
issues and concerns.
7. Political Head of Services: Oversees the functioning of state services, holding a
significant role in administration.

STATE COUNCIL OF MINISTRY:

Meaning:
The State Council of Ministers is the real, executive authority in an Indian state, led by
the Chief Minister and appointed by the Governor.
It comprises various ministers responsible for formulating policies, administering
departments, and aiding the Governor, with collective responsibility to the state Legislative
Assembly.

The State Council of Ministers in India plays a vital role in the functioning of state
governments, similar to the Union Government. Led by the Chief Minister, this Council
serves as the primary executive authority, advising the Governor and managing
administration.

Categories of ministers:
1. Cabinet Ministers
Cabinet Ministers are the ones who head important departments of the State Government
such as Home, Defence, Finance, etc. These ministers are the members of the Cabinet, attend
its meetings, and play an important role in deciding the policies of the
government.

2. Ministers of State (MoS)

Ministers of State (MoS) are the ones who can either be
◦ Attached to the Cabinet Ministers; or
◦ Given an independent charge of Ministries/Departments.
However, they are not a member of the Cabinet and do not attend its meetings unless
specifically invited.

3. Deputy Ministers
Deputy Ministers are not given independent charge of the departments.
They are, rather, attached to the Cabinet Ministers and assist them in their duties.
They are not members of the Cabinet and do not attend the meetings of the Cabinet.

Appointment of Ministers
The constitutional provisions regarding the appointment of ministers of the State Council of
Ministers (CoM) in India are as follows:
The Chief Minister is appointed by the Governor of State.
Other ministers are appointed by the Governor of State on the advice of the Chief
Minister.

POWERS OF COM:
1. Policy Formulation & Execution: The council defines the state's policy direction and
ensures effective implementation across all government departments.
2. Legislative Powers: They shape the legislative agenda, introducing the majority of bills in
the State Legislature and managing their passage.
3. Financial Powers: The council prepares the state budget, manages expenditure, and
controls the state's finances.
4. Administrative Control: They maintain law and order, control state administration, and
make key appointments.
5. Advisory Role: They act as the principal advisory body to the Governor, advising on
matters such as the summoning
of the legislative assembly.
6. Crisis Management: They play a central role in handling disasters and political
emergencies.
7. Collective Responsibility: As per Article 164, the council is collectively accountable to
the Legislative Assembly. If a no-confidence motion passes, the entire council must resign.

Functions of COM:
1. Formulation of Policies: The Ministers formulate the policies of the government. The
Cabinet takes decisions on all major problems-public health, relief to the disabled and
unemployed, prevention of plant diseases, water storage, land tenures and production, supply
and distribution of goods. When it has formulated a policy, the appropriate department carries
it out.
2. Running of Administration: The State Council of Ministers runs the state administration.
The ministers are responsible for this work. They do so in accordance with the policies of the
government as approved and passed by the state legislature. Their duty is to see and ensure
that the administration of the state is run in accordance with these policies. Each minister has
one or more departments under his control and he is responsible for the administration of
these.
3. Co-ordination Function: The State Cabinet is also responsible for securing co-ordination
in the working of various governmental departments. It has the responsibility to resolve
conflicts and deadlocks between various departments. All the ministers are committed to
follow the decisions of the cabinet.
4. Administration and Maintenance of Public Order: The executive power is to be
exercised in such a way as to ensure compliance with State laws. The Constitution empowers
the Governor to make rules for the more convenient transaction of the business of the
Government. All such rules are made on the advice of the Council of Ministers.
5. Appointments: The Governor has the power to appoint the Advocate-General and the
Members of the State Public Service Universities and members of various Boards and
Commissions are all appointed by the Governor. The Governor cannot make these
appointments at his will. He must exercise these functions on the advice of his ministers
6. Role in Law-making: Law-making is the function of the state legislature but the ministers
plays a key role in this sphere. It is the ministry which really decides the legislative
agenda. Most of the bills, nearly 95%, are introduced and piloted by the ministers in the state
legislature. The bills moved by the ministers are mostly passed by the legislature because the
ministry enjoys the support of the majority.
7. Control over the State Exchequer: The State budget containing the estimates of income
and expenditure for the ensuing year is placed by the Finance Minister before the State
Legislature. The Legislature cannot take the initiative in the case of a Money Bill. Such a Bill
must be recommended by the Governor and can be introduced only by a Minister. The
initiative in financial matters lies with the Executive.
8. Execution of Central Laws and Decisions of the Union Government: The Union
Government is empowered to give directions to the State-governments in certain matters. The
States should exercise their executive power so as to ensure compliance with the laws made
by Parliament. They should not do anything which would hamper the executive power of the
Union.
CENTRE AND STATE RELATIONSHIP:

I. LEGISLATIVE RELATIONS

1. Longest Union List: The Union List with 100 subjects is the longest of the three lists. It
contains subjects of national and paramount importance.
2. Primacy to Union Laws over State Laws in respect of Concurrent Subjects: The Union
Parliament and each State Legislature can enact laws over the subjects of the Concurrent List.
However, in case of any conflict between a Union Law and a State Law over a particular
concurrent subject, the former gets primacy over the latter.
3. Residuary Powers with the Union Parliament: After enumerating the subjects in the
Union List and after giving primacy to the Union Laws over the State Laws in respect of
concurrent subjects, the Constitution, places the residuary subjects in the exclusive
jurisdiction of the Union.
4. Parliament's Power to Legislate on State List: Though under ordinary circumstances
Central Government does not possess power to legislate on subjects enumerated in the state
list, but under certain special conditions the union parliament can make laws even on these
subjects:
a) In the national interest
b) Under the proclamation of national emergency
c) By agreement states
d) To implement treaties
5. Centre's control over State Legislation: The Constitution empowers the centre to
exercise control over the state's legislature in following ways
a) The governor can reserve certain types of bills passed by the state legislature for the
consideration of the President. The President enjoys absolute veto over them.
(b) Bills on certain matters enumerated in the State List can be introduced in the state
legislature only with the previous sanction of the President as imposing restrictions on
freedom of trade and commerce
(c) The President can direct the states to reserve money bills and other financial bills
passed by the state legislature for his consideration during a financial emergency.

6. Superior status of the Union Laws: The Constitution provides that in case of a conflict
between a Union Law and a State Law, the former prevails over the latter. This provision
gives a distinct superiority to the laws made by the Union Parliament.

7. Parliament’s power to establish or abolish a State Legislative Council: The

Constitution provides that the States can have either unicameral or bicameral legislatures. In
case a State decides to have a bi-cameral legislature and for this purpose seeks to establish
the upper house (the State Legislative Council), its Legislative Assembly has to pass a
resolution and request the Union Parliament to enact a law for this purpose. In case a
State wants to abolish the upper house of its legislature, then again the lower house of the
State (Legislative Assembly) has to pass a resolution and request the Parliament to do the
needful. The Parliament alone can establish or abolish the upper house of a State Legislature.

[Link]'s power to determine/change the Boundaries of the States: Parliament's

power to change the boundaries of the States also has a bearing upon the legislative power of
a State Legislature, as the laws of a State Legislature have jurisdiction only over the territory
of the State.

9. Parliament's power to legislate for the Union Territories: For such Union Territories
as do not have their legislatures, the Parliament has the power to pass laws in respect of
all the subjects. All these points clearly bring out the superior position of the Centre in the
sphere of legislative relations between the Union and the States.

II. Administrative Relations:

A. During normal times:
1. Executive powers of state in compliance with union laws:
Every State shall be so exercised as to ensure compliance with the laws made by with
the laws made by Parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such directions to a state as
may appear to the Government of India to be necessary for that purpose.

2. Executive Powers of State not to interfere with Executive Power of Union:

 Article 257 of the Constitution provides that the executive power of every state shall be
so exercised as not to impede or prejudice the exercise of the executive power of the
Union.

3. Maintain means of communication of national or military importance:

The Union Government can give directions to the state with regard to construction and
maintenance of the means of communication declared to be of national or military
importance.

4. Protection of the railways:

Union can issue State Governments necessary directions regarding the measures to be
taken for the protection of the railways within the jurisdiction of the State. It may be
noted that the expenses incurred by the State Governments for the discharge of these
functions have to be reimbursed by the Union Government.

5. To ensure welfare of scheduled tribes in the States:

Union can direct the State Governments to ensure execution of schemes essential for the
welfare of the Scheduled Tribes in the States.

6. To secure instruction in the mother-tongue at the primary stage of education:

Union can dinect the State Governments to secure the provision of adequate facilities for
instruction in the mother tongue at the primary stage of education to children belonging to
linguistic minority groups.

7. To ensure development of the Hindi language: Union can direct the State
Governments to ensure the development of the Hindi language.

7. To ensure government of a State is carried on in accordance with the provision of

the Constitution: Union can direct the State Governments to ensure that the government
of a State is carried on in accordance with the provision of the Constitution.

9. Delegation of Union's function to State:

The President of India can entrust to the officers of the State certain functions of the
Union Government. However, before doing so the President has to take the consent of the
state Government.

10. Appointment of high dignitaries:

Union has major say in appointment and removal of Governor and appointment of Judges
of High Court and Members of State Public Service Commission.
 11. All India Services:
The presence of the All India Services - the Indian Administrative Services, Indian police
Services further accords a predominant position to the Union Government. The members
of these services are recruited and appointment by the Union Public Service Commission.
The members of these services are posted on key posts in the states, but remain loyal to
the Union Government.

12. Union to adjudicate Inter-State River Water Dispute:

The Parliament has been vested with power to adjudicate any dispute or complaint with
respect to the use, distribution or control of the waters of, or in any inter-state river or
river valley. In this regard, the Parliament also reserves the right to exclude such disputes
from the jurisdiction of the Supreme Court or other Courts.

B. During National emergencies:

1. Under President's Rule:

The State Governments cannot ignore the directions of the Union Government, otherwise
the President can take the action against the Government of the State stating that the
administration cannot be carried on the accordance with the provisions of the Constitution
and thus can impose President's rule on the State. In such an eventuality the President
shall assume to himself all or any of the functions of the state Government.

2. Under Proclamation of National Emergency:

During a Proclamation of National Emergency, the power of the Union to give directions
extends to the giving of directions as to the manner in with the executive power of the
State is to be exercised relating to any matter.

3. Under Proclamation of Financial Emergency:

During a Proclamation of Financial Emergency, Union can direct the State Governments
to observe certain canons of financial propriety and to reduce the salaries and allowances
of all or any class of person serving in connection with the affairs of the Union including
the Judges of the Supreme Court and High Courts. Union also requires all Money Bills or
Financial Bills to be reserved for the consideration of the President after they are passed
by the Legislature of the State.

II. Financial Relations

1. Distribution of the tax-revenue:

The distribution of financial resources between the Centre and the States is as under:
a) Taxes Exclusively Assigned to the Union: (1) Customs and export duties, (ii)
Income tax , (iii) Income from railways and postal departments, (iv) Excise duty on
tobacco,.
b) Taxes Exclusively Assigned to the States: (1) Succession and estate duty in respect
of agricultural land, Taxes on Vehicles used on roads, animals, and boats. Taxes on
consumption or sale of electricity ,Toll tax
c) Taxes Leviable by the Union but to be Collected and Appropriated by the States:
Taxes on luxuries and bettings, Taxes on bill of landing, letters of credit , Stamp
duties on bills of exchange, cheques and promissory notes (
d) Taxes Levied and Collected by the Union but Assigned to the States: Duty in
respect of succession to property other than agricultural land, Taxes on railway
freights and fares,
e) Taxes levied and collected by the Union but shared with the States: The basis of
distribution in this case is decided by the parliament by law. The taxes include
income other than agricultural income, excise duties other than that leviable on
medicinal and toilet preparations.

2. Grants-in-Aid:
Besides, sharing of taxes between the Center and the States, the Constitution provides for
grant in aid to the States from the Central resources. There are two types of grants
a. Statutory Grants: These grants are given by the Parliament out of the
Consolidated Fund of India to such States which are in need of assistance.
Different states may be grant different sums. Specific grants are also given to
promote the welfare of scheduled tribes in a state or to raise the level of
administration of the Scheduled areas therein (Art.275)
b. Discretionary Grant: Center provides certain grants to the states on the
recommendation of the Planning Commission which are at the discretion of the
Union Government These are given to help the state financially to fulfil plan targets
(Art.282)

3. Loans:
The Union Government may provide loan to any State or give guarantees with respect to
koara raised by any State

4. Previous sanction of the President:

No Bill or amendment can be introduced or moved in either House of Parliament without
the previous sanction of the President, if (a) It imposes or varies any tax in which the
States are interested, or (b) It varies the meaning of the expression "Agricultural Incomes"
as defined in the Indian Income Tax Act (c) It affects the principles on which money are
distributed to the States; or (d) It imposes a surcharge on the State laves for the purpose of
the Union

5. Effects of Emergency on Center-State Financial Relations:

a) During National Emergency: The President by order can direct that all
provisions regarding division of taxes between Union and States and grants-in-
aids remain suspended. However, such suspension shall not go beyond the
expiration of the financial year in which the Proclamation ceases to operate
b) During Financial Emergency: Union can give directions to the States (1) To
observe such canons of financial propriety as specified in the direction. (2) To reduce
the salaries and allowances of all people serving in connection with the affairs of the
State, including High Courts judges 3) To reserve for the consideration of the
President all money and financial Bills, after they are passed by the Legislature of the
State.

6. Finance Commission:
The Finance Commission recommends to the President as to (a) The distribution between
the Union and the States of the net proceeds of taxes to be divided between them and the
allocation between the States of respective shares of such proceeds;(b) The principles
which should govern the grants-in-aid of the revenue of the States out of the Consolidated
Fund of India;(c) The measures needed to augment the Consolidated Fund of a State to
supplement the resources of the Panchayats and Municipalities in the State:(d) Any other
matter referred to the Commission by the President in the interest of sound finance.

7. Comptroller and Auditor General of India (CAG):

In the financial field a mention may also be made to the office of the Comptroller and
Auditor General of India, who is appointed by the President of India. He can direct the
state governments to keep their accounts in a particular manner and these are duty
bound to obey his instructions. While doing so he need not consult any state
government.

[Link] Commission(NITI ayog):

In centre-state relations a very significant role is being played by Planning Commission.
It has even reduced the importance of Finance Commission. It is an extra constitutional
body. It has more resources to disburse than the Finance Commission. It decides plan
outlay of each state on which depend all developmental activities of the states.

COOPERATIVE FEDERALISM:
Meaning
Cooperative Federalism is a system of governance where the central and state
governments work together, sharing powers and responsibilities to achieve common
goals.
Or
Cooperative federalism in India is a collaborative structure where the Union and State
governments jointly resolve issues and implement policies to achieve national goals.

Need for cooperative federalism in India:

1. Promoting social justice:

While democracy represents the majority opinion, federalism accommodates and links it
to the voice of the minority, lending a flavor of social justice.
2. Ensuring accommodation:
Cooperative Federalism, along with cultural and ethnic pluralism, has given the country's
political system great flexibility and, therefore, the capacity to withstand stress through
accommodation.
3. Ensuring stability and growth:
In the turbulent circumstances prevailing at that time and in the wake of India's partition,
only a cooperative federal setup could ensure the needs of security, defense, urge for a
welfare state, and meeting the situation of economic crisis.
4. Contemporary issues:
Also, the current trends ( like Covid-19) emphasize cooperation and coordination rather
than the demarcation of powers between different levels of government.

Challenges of Co-operative Federalism:

1. Over-centralization:
The Centre enjoys more power than the states, and the most important subjects of the
country are listed in the Union List. This often results in conflicts of interest between the
Centre and states, as the Centre imposes rules and regulations that many states find
discriminatory.
For example: Article 356 related to the imposition of the President’s Rule in a state which
is frequently prone to misuse by the Centre.

2. Limitations of Inter-state Council:

While Article 263 allows the Inter-State Council to make recommendations, It does not
empower it to enforce or implement them.

3. Regionalism:
A strong feeling of regionalism makes it difficult for the Government to ensure
cooperation because regionalism gives rise to secessionist forces, which threaten the very
existence and identity of the country.

4. Uniform approach:
The Centre, while framing policies, fails to take into account the heterogeneity of India.
The one size fits all approach doesn’t work in a diverse country like India. This makes
cooperation between the centre and the state very.

5. Fiscal federalism:
One of the major challenges is the unequal distribution of financial resources between the
Centre and states. The lack of adequate financial resources can hamper the ability of
states to deliver essential services and implement development programs.
6. Administrative challenges:
This includes issues such as inadequate staffing and training, lack of communication and
coordination, and bureaucratic red tape

7. Central Government Interference in State's matters:

In India, political interference in the functioning of state governments is a common
phenomenon. This interference can hinder the cooperative relationship between the
central and state governments and undermine the principles of cooperative federalism.

8. Imbalance of power between Centre and State governments:

One of the biggest challenges in cooperative federalism is the imbalance of power
between the central government and the state governments. The central government has
more resources and authority, which sometimes leads to the state governments feeling
marginalized and unable to exercise their constitutional powers.

9. Regional disparities between states:

Regional disparity between states refers to a condition in which states are not similar
in terms of per capita income, consumption level, agricultural and industrial development,
food availability, employment, education, and infrastructure development. Regional
disparities in terms of economic development, infrastructure, and resources can create
challenges in cooperative federalism. Regional disparities in development result in issues
such as violent conflicts, unplanned and unplanned migration, and so on. The central
government may focus more on developed states, leaving the less developed states with
fewer resources and opportunities.

10. Fiscal autonomy of State governments:

State governments in India depends on the central government for funding, which often
limits their fiscal autonomy. The central government can use fiscal power to influence the
policy decisions of the state governments, which can be detrimental to the spirit of
cooperative federalism.

Measures to strengthen/promote Co-operative federalism in India:

I. Sarkaria and Punchhi Commission

The Sarkaria Commission(1987) and Punchhi Commission(2010) gave several
recommendations to cultivate cooperative federalism and suggested actionable steps.
Some of them include:
 The office of the Governor should be apolitical, and the terms of his removal should
be altered.
 Restricting the use of the President’s rule under Article 356 to prevent excessive
misuse by the Centre.
 Extending the mandate of the Inter-State Council beyond advice and
recommendations.
 Laying down guidelines to prevent misuse of the President’s veto of the legislation.
 Including states when the Centre enters into any international.

II. General recommendations

1. Strengthening Inter-Governmental mechanisms:

Utilizing the constitutional and statutory institutions set up adequately to resolve the
conflicts between the union and the state government and further the welfare of the
people.

2. Promoting fiscal federalism:

Promoting fiscal federalism can help in promoting greater fiscal autonomy for state
governments, which can in turn help in promoting greater coordination and cooperation
between the central government and state governments.

3. Strengthening institutional frameworks:

This can be achieved by enhancing the role of institutions such as the NITI Aayog, the
Inter-State Council, and the Finance Commission.

4. Regular Inter-Governmental meetings:

Regular meetings between the central government and the state governments can help in
sharing information, discussing issues of mutual concern, and arriving at a consensus on
policy matters.

5. Avoiding the ‘One size fits all’ approach:

This is crucial for promoting cooperative federalism because it recognizes the diversity of
the States in terms of their socio-economic, political, and cultural contexts.
6. Empowering local governments:
Empowering local governments can help promote cooperative federalism by giving
them greater decision-making powers and financial resources.