NIOS CLASS 10 SOCIAL SCIENCE CHAPTER-19 GOVERNANCE AT THE STATE LEVEL

 

GOVERNANCE AT THE STATE LEVEL

CHAPTER: 19

SOCIAL SCIENCE

TEXT BOOK QUESTIONS WITH THEIR ANSWERS

INTEXT QUESTIONS 19.1

Q. 1. There is one correct option out of four given in each of the following sentences. Tick (✔) the correct options:

(i) The Governor is: 

(a) elected. 

(b) appointed. 

(c) nominated. 

(d) selected. 

Ans. (b) appointed.

(ii) The candidate for the post of the Governor should have the age of: 

(a) 18 years. 

(b) 23 years. 

(c) 30 years.

(d) 35 years. 

Ans. (d) 35 years.

(iii) The tenure of the Governor is: 

(a) 2 years. 

(b) 5 years. 

(c) 6 years. 

(d) for life.

Ans: (d) for life.

Q. 2. Given below are some statements. Indicate which statement is right and which is wrong.

(i) The Governor can appoint any person the Chief Minister and a Member of the Council of Ministers. (Right/Wrong) 

Ans: Wrong.

(ii) The Governor can appoint the Chairperson of the State Public Service Commission on the advice of the Council of Ministers. (Right/Wrong)

Ans: Right.

(iii) The Governor is an inseparable part of the State Legislature. (Right/Wrong)

Ans: Right.

(iv) There is no need of getting the consent of the Governor; if a Bill is passed by the State Legislature.      (Right/ Wrong) 

Ans: Wrong.

(v) No Money Bill can be introduced in the Legislative Assembly without the recommendations of the Governor.      (Right/Wrong)

Ans: Right. 

Q. 3. In one of the States, the Lokayukta had established corruption charge against the Chief Minister and a few Ministers. Demands were made for the resignation of the Chief Minister. In that situation the Governor sent a report to the President suggesting the State government was not functioning according to the Constitution and recommended the position of President’s Rule on the State. Which power did the Governor use? Why do you think the Governor has been given such powers?

Ans: Write the answer based on your understanding. You may refer to section 19.1.2 (d)

INTEXT QUESTIONS 19.2

Q. 1. Identify which of the following statements is right and which is wrong:

(i) The Governor presides over the meetings of the Council of Ministers. (Right/Wrong)

Ans: Wrong.

(ii) The Chief Ministers is the sole link between the Governor and the Council of Ministers. (Right/Wrong)

Ans: Right.

(iii) The Chief Minister can be asked by Governor to place any matter for the consideration of the Council of Ministers. (Right/Wrong)

Ans: Wrong.

(iv) The Governor is the real head of the government in the State. (Right/Wrong)

Ans: Wrong.

(v) The Chief Minister can be asked by the Governor to place a matter which has been decided by a Minister for the consideration of the Council of Ministers. (Right/Wrong)

Ans: Right. 

Q . 2. Consider the following case:

“Quite a few serious corruption charges have been levelled against the Chief Minister of a State. The media has come out with strong evidences against this, Chief Minister. In view of this case, answer the following questions with justifications:

(i) Should the Governor send a report to the President recommending imposition of President’s Rule?

(ii) Should the Constitution be amended for giving right to the people to call back Right to call] corrupt elected representatives?

(iii) Should the government continue in the interest of democracy, because the government is democratically elected and has the mandate received during last elections to rule over the state?

Ans: Write the answer based on your understanding of the role of the Governor in the Indian democracy. You can find out more about similar cases from elders or your teachers,

INTEXT QUESTIONS 19.3 

Answer the following questions:

(i) Which are the three States which have a bicameral legislature.

Ans: Bihar, Jammu & Kashmir, Karnataka. 

(ii) What would happen if a Money Bill passed by the Assembly and sent to the Legislative Council is not returned within 14 days?

Ans: Bill will be deemed to have been passed by both Houses.

(iii) How much time is given to the Vidhan Parishad for passing an ordinary bill? 

Ans: One month.

(iv) What are the two main ways in which the Legislative Assembly keeps its control over the Council of Ministers?

Ans: By asking questions and supplementary questions, moving adjournment motion and calling attention notices, and by passing a no-confidence motion, in which case the Council of Ministers resigns.

(v) What are the two electoral functions of the State Legislative Assembly?

Ans: The elected members constitute the Electoral College that elects the President of India. The members of Vidhan Sabha elect members of Rajya Sabha from their respective states.

INTEXT QUESTIONS 19.4

Q. 1. Fill in the blanks:

(a) Guwahati High Court acts as a High Court of  states of North-East India.

Ans: Seven.

(b) The Chief Justice of a High Court is appointed by ___________ in __________ consultation with __________.

Ans: the President of India, the Chief Justice of the Supreme Court.

(c) The High Court has __________ Jurisdiction and Jurisdiction.

Ans: Original, Appellate.

(d) There are three kinds of subordinate courts: (i) __________ (ii) __________ (iii) __________.

Ans: Civil Court, Criminal Courts, Revenue Courts.

2. Gather information about the names of the Chief Justice and the Judges of the High Court of your State or any one State. Find out from the list how many Lady Judges are there? You may find very few or even none. Write down the reasons for this situation.

Ans: Do yourself.

TERMINAL EXERCISES

Q. 1. How is the Governor appointed? What are the powers and functions of the Governor?

Ans: Appointment of the Governor: The executive head of a state in India is called the Governor of the State. He is appointed by the President of India for a period of five years and holds office during the pleasure of the President. Generally the Chief Minister of the State is consulted while appointing Governor. He may be appointed again if the President so pleases. He can be removed before the expiry of his term if the President so desires.

Qualifications: A Governor of a State in India should be:

(a) a citizen of India. 

(b) he must be thirty five years of age.

(c) he must not hold any other office of profit under the Government of India or the State Government.

Powers and functions of the Governor:

1. Executive Powers: 1. The administration of the State is carried on in the name of the Governor.

2. He appoints the Chief Minister and on his advice the Governor appoints other ministers.

3. He appoints the Advocate-General, the Chairman and members of the Public Service Commission and other high officials of the state.

2. Legislative Powers: (a) He summons or prorogues the House of the State Legislature.

(b) He can dissolve the Legislative Assembly or Vidhan Sabha.

(c) He issues ordinances when the Legislature is not in session. Such ordinances have to be rectified by the State Assembly within six weeks from the date of the beginning of the next session.

(d) All bills passed by the State Legislature are presented to the Governor for his assent. A bill so passed by the Legislature can become law only after the assent of the Governor.

3. Financial Powers: (a) Money bills can be introduced in the Legislative Assembly with the prior permission of the Governor.

(b) The Annual Budget of the State is presented to the legislature in his name.

(c) The Finance Minister presents the Annual Budget in the Vidhan Sabha with the prior permission of the Governor.

4. Judicial Powers: (a) He appoints the District Judges.

(b) He is consulted by the President in the appointment of the Judges of the High Court.

(c) He can grant pardon, remit, suspend and change the form of punishment for violation of the state laws. In such matters the Governor has to act on the advice of the Chief Minister and the Council of Ministers.

Q. 2. How is the Council of Ministers constituted? Explain the powers and the position of the Chief Minister.

Ans: The Constitution provides that “there shall be a Council of Ministers, with the Chief Minister as its head to aid and advise the Governor in the exercise of his functions except when he is required by the constitution to act in his discretion.” (Article 163) The Governor appoints the leader of the majority party in Legislative Assembly as the Chief Minister. Other ministers are appointed by the Governor on the advice of the Chief Minister. 

As at the Centre, in states also there are three categories of Ministers: 

(i) Cabinet Ministers. 

(ii) Ministers of State. and 

(iii) Deputy Ministers. 

For appointment as a Minister, a person should member of the State Legislature. If at the time of his appointment as minister he/she is not a member of the legislature, he/she must become a member of the state legislature within six month. The Chief Minister occupies almost the same position in the State as the Prime Minister has at Centre. 

The position and the functions of the Chief Minister are as under:

1. Formation of Council of Ministers: After assuming office, the first function of Chief Minister is the formation of his Council of Ministers. All the members of Council of Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor cannot appoint any minister at his own discretion. The Chief Minister distributed portfolios among various Ministers.

2. Removal of Ministers: If any member of the Council of Ministers does not agree with the Chief Minister, the Chief Minister can ask him to resign. If he does not resign, the Chief Minister get him dismissed by the Governor.

3. Chairman of the Cabinet: The Chief Minister is the Chairman of the Cabinet. He presides over its meetings. The agenda of such meetings is also prepared by the Chief Minister.

4. Link between the Governor and the Cabinet: The Governor is not a member of the Cabinet. He does not attend its meetings. It is the Chief Minister who provides all the information regarding the administration to the Governor. He puts the proposals of the Governor before the Cabinet. 

The Chief Minister is the chief advisor of the Governor.

5. Leader of Legislative Assembly: The Chief Minister announces the decisions of the Cabinet in the Assembly. The speaker prepares the programme of the assembly in consultation with the Chief Minister. The Chief Minister can advise the Governor for the dissolution of assembly before the expiry of its normal term. The Chief Minister is the real ruler of the state. 

Q. 3. Examine the organization, powers and functions of the State Legislature.

Ans: The State Legislature: States have two types of legislatures – Unicameral and Bicameral. Five states – Bihar, U.P. Maharashtra, Karnataka, and Jammu and Kashmir have Bicameral Legislature while the legislatures in the remaining states is unicameral. In states which have unicameral legislature, there is only one house known as Legislative Assembly. In those states which have Bicameral legislatures, the other House is called Legislative Council. The Constitution provides that if the Legislative Assembly of the concerned state resolves by an absolute majority of its total membership and two- third majority of the members present and voting, then the Parliament will by a law, create or abolish the legislative in that state. 

The Power and Functions of State legislature are as follows:

(1) Legislative Powers: The State Legislature makes laws on those subjects which have been given in the state list and concurrent list. 

(2) Financial Powers: The annual budget of the state is passed by the legislature. The Government cannot impose any tax or spend any money without the approval of the legislature. Thus, the legislature exercises great control over the finances of the state.

(3) Control over Executive: The Council of Ministers is collectively responsible to the legislature. The members of the legislature can ask questions from the ministers which they must answer. The Legislative Assembly can remove the ministry by passing a vote of no-confidence against it.

(4) Electoral Functions: (i) Elected members of Legislative Assembly participate in the election of the President of India.

(ii) One-third members of the Legislative Council are elected by the members of Legislative Assembly of that state.

(5) Amendment of the constitution: For amending certain provisions of the constitution, the consent of at least fifty per cent state legislatures is necessary.

Q. 4. Explain the jurisdictions of the High Court.

Ans: Jurisdictions of the High Court: The jurisdiction or the powers and the Functions of a High Court are as Follow. 

(1) Original Jurisdiction: The Original 3 Jurisdiction of State High Courts is limited.

(a) Under Article 226, every High Court has been empowered to issue writs, orders, directions, including writs in the nature of Habeas corpus. Mandamus, Prohibition, Quo Warranto and Certiorari or any of them to any person or authority within its territory for the enforcement of the Fundamental Rights and for any other purpose.

(2) Appellate Jurisdiction: The Appellate Jurisdiction of the High Court extends to both civil and criminal cases.

(a) The High Court can hear appeals in the civil cases if the amount involved in the case is at least Rs. 5,000 or the dispute involves a property of that amount.

(b) The High Court can hear appeals in criminal cases in which the accused has been sentenced to four year imprisonment by the Session Judge.

(c) The Session Judge of a District can award death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.

(d) The High Court can hear appeals against the decision of the lower courts in most of revenue cases also.

(3) Court of Record: Like the Supreme Court of India, the State High Court are also the Court of Record. As a Court of Record the State High Courts has all the powers of such a court including the power to punish for contempt of itself. Then the records of such a court are admitted to be of evidentiary value and they cannot be questioned when produced before any court.

Q. 5. What kind of cases are considered in the subordinate courts?

Ans: The Subordinate Courts hear Civil cases, Criminal cases and Revenue cases.

(1) Civil Cases: These cases filed in Civil courts pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or dispute between landlords and tenants. All these cases are settled by civil courts.

(2) Criminal Cases: Such cases related to theft, robbery, rape, pick-pocketing, physical murder etc. These cases are filed in the criminal courts by the police on behalf of the state, against the accused. In such cases, if the court finds accused guilty he/she is awarded punishment.

(3) Revenue Courts: Board of Revenue exists at the state level, under it are the Courts of Commissioner, Collector, Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against all the lower revenue courts under it. All states do not have Court of Revenue. Andhra Pradesh, Gujarat, Maharashtra have Revenue Tribunals, Haryana, Punjab, H.P. and J & K have Financial Commissioners instead of the Board.

SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION

MULTIPLE CHOICE QUESTIONS

1. Who promulgates an ordinance in a state?

(a) Chief Secretary 

(b) Prime Minister 

(c) Chief Minister

(d) Governor

Ans: (d) Governor.

2. Who appoints the Chief Minister of a state? 

(a) President

(b) Chief Justice of High Court 

(c) Speaker of the Legislative Assembly

(d) Governor

Ans: (d) Governor.

3. On whose advice the Governor appoints minister in a state?

(a) Chief Secretary

(b) Governor

(c) Chief Minister 

(d) None of them

Ans: (c) Chief Minister.

4. Which among the following acts as a common High Court?

(a) Patna

(b) Allahabad 

(c) Delhi

(d) Guwahati

Ans: (c) Delhi.

5. The maximum number of members in a state Legislative Assembly may be:

(a) 500

(b) 300

(c) 400

(d) 60

Ans: (a) 500.

6. A Governor cannot a person punished by a:

(a) Session Court 

(b) Military Court

(c) District Court 

(d) High Court

Ans: (b) Military Court.

7. Which is the permanent house of a State Legislature?

(a) Legislative Assembly 

(b) Legislative Council

(c) Both

(d) None

Ans: (b) Legislative Council.

8. A money bill is certified by: 

(a) Speaker of Assembly 

(b) Chairman of the Council

(c) President

(d) None of them

Ans: (a) Speaker of Assembly.

9. The most important function of a legislative body is:

(a) Administration. 

(b) Law-making

(c) Both

(d) None of them

Ans: (b) Law-making.

10. Who may disqualify a member of Legislative Assembly on grounds of defection?

(a) Chairman

(b) Chef Minister

(c) Speaker

(d) Governor

Ans: (c) Speaker.

11. How many states in India have Bicameral Legislatures?

(a) One 

(b) Five

(c) Seven

(d) Nine 

Ans: (b) Five.

VERY SHORT ANSWER TYPE QUESTIONS

Q. 1. Write a short note on “Centralised Federation in India”.

Ans: Most modern federations have strong central Government. The Indian federation is characterise by a unitary bias. That is why it is termed as ‘quasi-federation’ or decentralized federation. 

The factors which have resulted in Indian federation having a centralized bias are:

(1) Parliament has a very wide scope of legislation.

(2) Parliament can alter the boundaries of states.

(3) States are dependent for grants upon the central government and the autonomy of the states is curtailed. 

(4) The Governor acts as an agent of the center.

Q. 2. How is the Chief Minister of a state appointed? (V. Imp.) 

Ans: The Chief Minister is appointed by the Governor. As a consequence of a well established convention, it is the leader of the majority party in the Legislative Assembly who is invariably appointed as the Chief Minister. If the majority party has no accredited leader, the Governor will exercise his judgment as to the best person who is likely to command the support of majority in the Legislature Assembly and appoint him the leader. When no party enjoys a majority in the Assembly, then the Governor can ask the consensus leader of two or more parties to form a coalition government. 

Q. 3. What are the functions of the Chief Minister in relation to the State Legislature? (M. Imp.)

Ans: 1. The Chief Minister is the leader of the Legislative Assembly. He is the main spokesman of the government.

2. The sessions of the Vidhan Sabha are summoned and prorogued by the Governor on the advice of the Chief Minister. 

3. The agenda of the State Legislative Assembly is determined by the Speaker in consultation with the Chief Minister.

4. All important policy announcements are made by the Chief Minister in the Assembly.

5. He can recommend to the Governor the dissolution of the Legislative Assembly even before the expiry of its term.

Q. 4. Briefly describe the composition of the High Court of a State. (V. Imp.)

Ans: The High Court of the State is the highest court of the state and all other courts of the State work under it.

According to Article 215 of the Indian Constitution a High Court consists of a Chief Justice and a number of other Judges. The President from time to time fixes the number of the Judges in each High Court and it varies from one High Court to another.

All the Judges are appointed by the President of India. They retire from their office at the age of 62.

Q. 5. Mention two types of cases in which the High Courts have Original Jurisdiction.

Ans: Original Jurisdiction  that certain types of cases can be brought to the High Court in the first instance without being heard in the subordinate courts. 

A High Court has Original Jurisdiction in the following cases:

(a) In regard to state revenue and its collection, marriage laws, and contempt of court etc.

(b) In regard to Fundamental Rights a High Court is empowered to issue writs for the enforcement of these rights.

Q. 6. What is meant by the statement that a High Court acts as a “Court of Record”? (V. Imp.)

Ans: A High Court acts as a court of record in the following two ways:

(a) The decisions and proceedings of the court have a ‘reference value’. The subordinate courts decide cases in the light of the judgment handed down by the High Courts of various states.

(b) Also, the High Court can punish a for its own contempt, i.e., if a person person misbehaves and disobeys the court, the court is empowered to punish the person for such behavior.

Q. 7. How are the powers divided between the Centre and State Government in India?

Ans: In India, there are three lists which divided the powers between the Centre and the States. 

The three lists are:

1. Union List-It contains 97 subjects. 

2. State List-It contains 66 subjects.

3. Concurrent List-It contains 47 subjects. 

Q. 8. Write the name of the two house of the Bi-cameral Legislatures in the states.

Ans: The two Houses of the Bi-cameral Legislatures are:

1. Legislative Assembly.

2. Legislative Council.

Q. 9. How is the Legislative Assembly formed? (V. Imp.)

Ans: The Legislative Assembly (Vidhan Sabha) is the Lower House. Its members are directly elected by the people of the state on the basis of adult franchise for the term of 5 years. The main functions of the Legislative Assembly is to legislate the laws for the state. The Legislative Assembly controls the Executive of the state, passes the annual budget of the state and takes part in the election of the President of India.

Q. 10. Explain two major executive powers of the Governor.

Ans: The executive powers of the Governor are as follow:

(i) The administration of a state is carried down in the name of the Governor.

(ii) He appoints the leader of the majority party in the Legislative Assembly, the Chief Minister. He also appoints the other members of the Council of Ministers on the advice of the Chief Minister.

(iii) Appointments on the important posts of the state i.e., Advocate General, the Chairman and the members of the State Public Service Commission etc. are made by Governor.

Q. 11. How is the Governor of a state appointed? What is his term of office? (V. Imp.)

Ans: The head of the state (Political units) of a Federation is called Governor in India.

Appointment: The Governor of a state is appointed by the President. He is appointed usually for five years. The person who is appointed as the Governor, usually does not belong to that state where he has been appointed.

Term of Office: The Governor is appointed for five years. He can submit the resignation from his post whensoever he likes. The President can remove him or transfer him even earlier also.

Q. 12. Write main qualifications for becoming a member of the Legislative Assembly. (V. Imp.)

Ans: To become a member of the Legislative Assembly, the person must possess the following qualifications:

1. He should be a citizen of India. 

2. He should not be less than 30 years of age. 

3. He should not be in the Government service.

4. He should not be lunatic or bankrupt. 

Q. 13. What are the qualifications for becoming a member of the Legislative Council? 

Ans: Following are the qualifications for becoming a member of the Legislative Council:

1. He should be a citizen of India.

2. He should be 30 years old. 

3. He should not hold any office of profit under the Central or State Government.

4. He should not be mad or insane and should not have been disqualified to become the member of the Council.

Q. 14. What are the qualifications for a person to become the Governor of a state?

Ans: To become the Governor of a state the following qualifications are essential: 

1. He should be the citizen of India. 

2. He should not be less than 35 years of age.

3. He should not be on the office of profit in the government.

4. He should not be the Member of Parliament or the Legislative Assembly and if he happens to be, he must resign his membership after the appointment as Governor.

Q. 15. What is the position of the Governor according to the Constitution of India? (M. Imp.)

Ans: According to the Constitution of India, the Governor enjoys the highest position in the state. He is the executive head of the state and the entire administration in the state is run in his name.

Q. 16. How is the Chief Minister of a State appointed? 

Ans: The Chief Minister of the state is appointed by the Governor. The Governor appoints the leader of the political party that wins majority in the Legislative Assembly, as the Chief Minister of a state. 

Q. 17. Mention the three main grounds on the basis of which Gover-nors generally recommend President’s rule in their states. (V. Imp.)

Ans: The grounds on which President’s rule can be recommended by the Governor are:

1. That the government of the state cannot be carried on in accordance with the provisions of the Constitution.

2. That the Council of Ministers has lost its majority in the Legislative Assembly.

3. That the State Government has lost control over the law and order situation in the state.

Q. 18. How can the Legislative Council be created or abolished? (V. Imp.)

Ans: Our Constitution provides for both the abolition as well as the creation of the Legislative Council of a state. If the Legislative Assembly of a state passes a resolution for creation or abolition of Legislative Council by a majority of the total membership of the Assembly and by a majority of not less than 2/3rd of the members of the Assembly present and voting, the Parliament may enact a law accordingly. It is within the discretionary scope of the Union Government to present or not to present the required bill to implement the Assembly’s resolution.

Q. 19. Who is the Presiding Officer of the State Legislative Assembly? Write any four functions which he performs. (V. Imp.)

Ans: The Speaker is the Presiding Officer of the State Legislative Assembly. His functions are:

1. He maintains order and corum in the house.

2. He allocates time for various items on the agenda.

3. He decides the admissibility of motions, resolutions, questions and points of order. 

4. He can ask a member to leave the house if he misbehaves or does not comply with the directions. 

Q. 20. What are the limitations on the legislative powers of a State Legislature?

Ans: The following restrictions have been imposed on the State Legislature with respect to its law-making powers:

1. Some bills cannot be moved in the legislature without prior approval of the President.

2. Bill on certain subjects (e.g., on powers of High Courts, etc.) are reserved by the Governor for the consideration of the President.

3. Parliament is empowered to make laws with regard to a matter mentioned in the State List if the Rajya Sabha declares by a resolution that the subject has gained national importance.

4. Parliament can make laws for a particular state when it is placed under President’s Rule.

Q. 21. What are the executive powers exercised by the Governor of a State?

Ans: The executive power of the State has been vested in the Governor. 

The following executive powers are exercised by him:

1. The Governor is the executive head of the state and all executive actions of the Government of the state are expressed in his name.

2. All major appointments in the state are made by the Governor. He appoints the Chief Minister of the state. He also appoints the Advocate-General of the state and the members and chairman of State Public Service Commission.

3. The Governor has a right to report to the President about the breakdown of constitutional machinery in the state.

Q. 22. What are the legislative powers exercised by the Governor of a state?

Ans: The Governor is an integral part of the State Legislature. 

Some of the legislative powers which he exercises are as follows:

1. He summons, adjourns and prorogues the sessions of the State Legislature.

2. He may dissolve the State Legislative Assembly even before the expiry of its five year term.

3. He can promulgate ordinances when the State Legislature is not in session.

4. He nominates one Anglo-Indian member to the Legislative Assembly if he feels that the community is not represented in the f House.

5. He nominates one-sixth of the members of the Legislative Council. 

6. All bills passed by the State Legislature are sent to him for his assent.

SHORT ANSWER TYPE QUESTIONS

Q. 1. What is the composition of the State Legislative Assembly?

Ans: The Legislative Assembly of each state consists of not more than 500 members and not less than 60 members chosen by direct election from territorial constituencies in a state. Though the Constitution has fixed the minimum strength of a State Legislative Assembly at 60, special provisions have been made with regard to the Legislative Assemblies of Arunachal Pradesh, Goa, Mizoram and Sikkim. The Legislative Assembly of Goa and Sikkim may consist of 30 members while that of Arunachal Pradesh and Mizoram may have 40 members. The Constitution also makes special provisions for the representation of Scheduled Castes and Scheduled Tribes and the Anglo- Indian community. Seats are reserved for SC/ ST members.

Q. 2. What is the composition of the State Legislative Council? How is it formed? (V. Imp.)

Ans: 1. The Legislative Council is the upper house of the State Legislature. It does not exist in all states. At present, it exists only in Bihar, Jammu and Kashmir, Uttar Pradesh, Karnataka and Maharashtra.

2. Membership of the Legislative Council is fixed at one third of the membership of the Legislative Assembly of the State, but it cannot be less than 40; except in Jammu and Kashmir where it is fixed at 36. 

3. The members of the Legislative Council are elected indirectly by the elected representatives. 

(i) One-third members are elected by members of Legislative Assembly.

(ii) One-third members are elected by local bodies.

(iii) One-twelfth members are elected by university graduates.

(iv) One-twelfth members are elected by the teachers working in Higher Secondary Schools with three years experience.

(v) One-sixth members are nominated by the Governor from persons who have gained distinction in science, art, literature or social services.

Q. 3. How is the Governor of a State appointed? What are the qualifications for the office of a Governor? 

Ans: The Governor of a State is appointed by the President by warrant under his hand and seal. The President usually acts in accordance with the advice of the Union Council of Ministers. The Chief Minister of the state may be consulted. A person should possess the following qualifications to the eligible for appointment as a Governor:

1. He must be a citizen of India.

2. He must have completed the age of 35 years. 

3. He should not be a member of either House of Parliament or of a House of State Legislature. If such a member is appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor. 

4. The Governor should not hold any other office of profits. 

Q. 4. Explain three important functions of the State Council of Ministers.

Ans: The three important functions of the State Council of Ministers are as follow:

1. Executive Powers: The Council of Ministers is the real executive authority in the state and is responsible for running the administration of the state. The adminis- tration of various departments is placed under the charge of a minister. 

2. Formation of Policies: The Council of Ministers formulate the major policies of the State Government to ensure multi-sided development of the state.

3. Legislative Powers: Legislation is the main concern of the State Legislature. The Council of Ministers plays a very important role. Nearly 95% of the bills are piloted by the ministers. The Governor issues ordinances on the advice of the Council of Ministers.

Q. 5. Explain the powers and functions of the Chief Minister in relation to the Council of Ministers. (V. Imp.) 

Ans: The power and functions of the Chief Minister in relation to the Council of Ministers are as follows:

1. The Chief Minister recommends to the Governor a list of names of persons to be appointed as ministers.

2. The Chief Minister allocates portfolios among the members of the Council of Ministers.

3. A minister stays in office as long as he enjoys the confidence of the Chief Minister. 

4. The Chief Minister appoints Parliamentary Secretaries in the state. 

Q. 6. Write short notes on the following:

(a) Chief Minister of a State.

(b) Discretionary powers of the Governor. 

(c) Council of Ministers.

(d) Union Territories. (M. Imp.)

Ans: (a) Chief Minister of a State:

Appointment of a Chief Minister: The Chief Minister of a state is appointed by the Governor, though he is not independent in doing so. He has to appoint the leader of the political party that wins a majority in the Legislative Assembly as the Chief Minister of a state. But if no political party is able to win a majority, the Governor can use his own discretion to appoint the Chief Minister. 

Functions of the Chief Minister:

1. The Chief Minister forms the Council of Ministers of his state. He gets a list of ministers to be appointed by the Governor. 

2. The Chief Minister distributed the portfolios to the ministers.

3. He presides over the meetings of the Cabinet.

4. The Chief Minister works as a link between the Governor and the Council of Ministers. 

5. The Chief Minister is the principal advisor of the Governor for the appointment of the high officials.

6. The Chief Minister is the leader of the State Legislative Assembly and the people of the state.

(b) Discretionary powers of the Governor: The powers exercised by the Governer on the basis of his own judgment and without consulting the Council of Ministers are called discretionary powers. Discretion means that on these questions the Governor can take his own decision, he is not bound to act according to the advice of the State Cabinet. 

Situations when a Governor can use his discretionary powers:

(i) When no party gets clear majority in the general elections, he can appoint a person whom he thinks has a majority. 

(ii) He can reserve a bill for the President’s consideration.

(iii) He can sent a report to the President suggesting imposition of President’s rule in the state.

(c) Council of Ministers: After the general election in a state are over, the leader of the majority party in the Legislative Assembly is appointed Chief Minister, by the Governor. The Chief Minister after his appointment prepares a list of his colleagues and hands it over to the Governor. The Governor appoints the ministers according to this list. The Governor cannot make any change in the list. The Chief Minister distributes portfolios among the ministers. The Chief Minister can make a change in the departments of his ministers. In the states there are following three types of ministers:

1. Cabinet Ministers.

2. State Ministers. 

3. Deputy Ministers.

(d) Union Territories: At present the Indian Federation includes 28 States and 7 Union Territories. 

The Union Territories are:

1. Delhi. 

2. Andaman and Nicobar Islands. 

3. Lakshadweep. 

4. Dadra and Nagar Haveli. 

5. Daman and Diu. 

6. Pondicherry. 

7. Chandigarh.

The administration in the Union Territories is run by the Union or the Central Government. The laws passed by the Central Government are implemented in these territories. Either a Lieutenant-Governor or a commissioner is the head of the Union Territory. He functions as representative of the President.