State governments of India
State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Power is divided between the Union government and state governments. While the Union government handles defence, external affairs etc., the state government deals with internal security (through state police) and other state issues. Income for the Union government is from customs duty, excise tax, income tax etc., while state government income comes from sales tax (VAT), stamp duty etc.; now these have been subsumed under the various components of the Goods and Services Tax.
A state legislature that has two houses - the State Legislative assembly and State Legislative Council (Vidhan Parishad) - is a bicameral legislature. The Vidhan Sabha is the lower house and corresponds to the Lok Sabha while the Vidhan Parishad is the upper house and corresponds to the Rajya Sabha of the Parliament of India.
The Sarkaria Commission was set up to review the balance of power between states' and the Union governments. The Union government can dissolve a state government in favour of President's rule if necessary, subject to certain conditions, as ruled by the Supreme Court of India in ((S. R. Bommai v. Union of India)).it is for 5years only
For every state, there is a legislature, which consists of Governor and one House or, two Houses as the case may be. Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh, have bicameral legislature, with the remaining states having a unicameral one. Parliament may, by law, provide for the abolition of an existing Legislative Council or for the creation of one where it does not exist, if the proposal is supported by a resolution of the Legislative Assembly of the state concerned.
The Legislative Council of a state comprises not more than one-third of the total number of members in the legislative assembly of the state and in no case fewer than 40 members. About one-third of members of the Council are elected by members of the legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities, district boards and other local authorities in the state, one-twelfth by an electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and a further one-twelfth by registered graduates of more than three years' standing. Remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, cooperative movement and social service. Legislative Councils are not subject to dissolution but one-third of their members retire every second year.
The Legislative Assembly of a state consists of not more than 500 and not fewer than 60 members (Legislative Assembly of Sikkim has 32 members, while Puducherry has 33, Goa and Mizoram have 40 seats each vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state. Demarcation of territorial constituencies is to be done in such a manner that the ratio between population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the state. The term of an assembly is five years unless it is dissolved earlier.
Powers and FunctionsEdit
State legislature has exclusive powers over subjects enumerated in the State List (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III. Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government. The Legislative Assembly alone has the power to originate money bills. The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from the Legislative Assembly, which can accept or reject these recommendations.
The Governor of a state may reserve any Bill for the consideration of the President. Bills relating to subjects like the compulsory acquisition of property, measures affecting powers and position of High Courts and the imposition of taxes on storage, distribution and sale of water or electricity in Inter-state River or river valley development projects should necessarily be so reserved. No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.
State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments and no-confidence motions and resolutions to keep a watch over day-to-day work of the executive. They also have their own committees on estimates and public accounts to ensure that grants sanctioned by the legislature are properly utilised.
There are, overall, 4,121 legislative assembly seats in states and Union territories of India. Andhra Pradesh abolished its Legislative Council in 1984, but set up a new Legislative Council following elections in 2007.
Membership and terms of officeEdit
|State/Union Territory||Legislature type||Size||Current term|
|Andhra Pradesh||Bicameral||175||58||233||Jun 2019||Jun 2024|
|Arunachal Pradesh||Unicameral||60||N/A||60||Jun 2019||Jun 2024|
|Assam||Unicameral||126||N/A||126||May 2016||May 2021|
|Bihar||Bicameral||243||75||318||Nov 2015||Nov 2020|
|Chhattisgarh||Unicameral||90||N/A||90||Jan 2019||Jan 2024|
|Delhi||Unicameral||70||N/A||70||Feb 2020||Feb 2025|
|Goa||Unicameral||40||N/A||40||Mar 2017||Mar 2022|
|Gujarat||Unicameral||182||N/A||182||Dec 2017||Dec 2022|
|Haryana||Unicameral||90||N/A||90||Nov 2019||Nov 2024|
|Himachal Pradesh||Unicameral||68||N/A||68||Dec 2017||Dec 2022|
|Jammu and Kashmir||Unicameral||85||N/A||85||Dec 2014||Dec 2020*|
|Jharkhand||Unicameral||81||N/A||81||Dec 2019||Dec 2024|
|Karnataka||Bicameral||224||75||299||Jul 2019||Jul 2024|
|Kerala||Unicameral||140||N/A||140||May 2016||May 2021|
|Madhya Pradesh||Unicameral||230||N/A||230||Jan 2019||Dec 2024|
|Maharashtra||Bicameral||288||78||366||Nov 2019||Nov 2024|
|Manipur||Unicameral||60||N/A||60||Mar 2017||Mar 2022|
|Meghalaya||Unicameral||60||N/A||60||Mar 2018||Mar 2023|
|Mizoram||Unicameral||40||N/A||40||Dec 2018||Dec 2023|
|Nagaland||Unicameral||60||N/A||60||Mar 2018||Mar 2023|
|Odisha||Unicameral||147||N/A||147||Jun 2019||Jun 2024|
|Puducherry||Unicameral||33||N/A||33||May 2016||May 2021|
|Punjab||Unicameral||117||N/A||117||Mar 2017||Mar 2022|
|Rajasthan||Unicameral||200||N/A||200||Jan 2019||Dec 2024|
|Sikkim||Unicameral||32||N/A||32||Jun 2019||Jun 2024|
|Tamil Nadu||Unicameral||234||N/A||234||May 2016||May 2021|
|Telangana||Bicameral||119||40||159||Dec 2018||Dec 2023|
|Tripura||Unicameral||60||N/A||60||Mar 2018||Mar 2023|
|Uttar Pradesh||Bicameral||403||100||503||Mar 2017||Mar 2022|
|Uttarakhand||Unicameral||70||N/A||70||Mar 2017||Mar 2022|
|West Bengal||Unicameral||294||N/A||294||May 2016||May 2021|
Current ruling parties in India
As of December 2019, the Bharatiya Janata Party-led National Democratic Alliance is in power in 18 states/Union territories; the Indian National Congress-led United Progressive Alliance is in power in 6 states/Union territories; 6 states/Union territories are governed by unaligned third parties. The newly formed Union territory of Jammu and Kashmir hasn't had elections to form a government and President's rule has been imposed there.
State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head. The Governor of a state is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the state is vested in Governor.
Council Of Ministers
The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the Legislative Assembly of the state.
The Council of Ministers with the Chief Minister as its head aids and advises the Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them at his discretion. In respect of Nagaland, its Governor has special responsibility under Article 371 A of the Constitution with respect to law and order and even though it is necessary for him to consult Council of Ministers in matters relating to law and order, he can exercise his individual judgement as to the action to be taken.
Similarly, in respect of Arunachal Pradesh, its Governor has special responsibility under Article 371H of the Constitution with respect to law and order and in discharge of his functions in relation thereto. The Governor exercises his individual judgement as to the action to be taken after consulting the Council of Ministers. These are, however, temporary provisions. If the President of India, on receipt of a report from Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibilities with respect to law and order, he may so direct by an order.
Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram as specified in para 20 of that Schedule, discretionary powers are given to the Governor in matters relating to sharing of royalties between the district councils and the state government. The Sixth Schedule vests additional discretionary powers in the Governors of Mizoram and Tripura in almost all their functions (except approving regulations for levy of taxes and money lending by non-tribal district councils) since December 1998. In Sikkim, the Governor has been given special responsibility for peace and social and economic advancement of different sections of population.
All Governors are obligated to discharge their constitutional functions such as the appointment of the Chief Minister of a state, sending a report to the President on the failure of the Constitutional machinery in a state or in respect of matters relating to assent to passing a bill in the state assembly.
- "Glass ceilings in State Cabinets".
- "Election Commission of India". eci.nic.in.
- "Ministry of Social Justice and Empowerment - Government of India" (PDF). socialjustice.nic.in.
- "Legislature". www.aplegislature.org.
- "Telangana State Portal/ Members of Legislative Council". www.telangana.gov.in.
- "The Polity : The States -Profile - Know India: National Portal of India". knowindia.gov.in.