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:

Basisof 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 membersretire 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 billsinitiated here. Limited; Can only delay for 14 days.

Existence Present in all states/UTs. Present in 6 statesonly (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 mechani[Link]

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.