Class 7 Social Science How The State Government Works Exam Notes

Covers following topics:

This CBSE Class 7 Social Science exam notes page explains how the state government works in India. It covers the state legislature (the Legislative Council and the Legislative Assembly), how a bill becomes a law, the control of the legislature over the Council of Ministers, the state executive, the powers of the Governor, and the role of the Chief Minister and the Council of Ministers.

Topics Covered

1. Introduction
2. State Legislature
3. Legislative Council
4. Legislative Assembly
5. How Does A Bill Become A Law
6. Control Over The Council Of Ministers
7. State Executive
8. Powers Of The Governor
9. Chief Minister And His Council Of Ministers
10. Working Of The Government

INTRODUCTION

1. India is one of the biggest democratic countries with diversity. India is called a union of states, with 28 states and 7 union territories.
2. There are two levels of government, and the power is divided between the centre and the state. In other words, this is called a federation.
3. India has a federal form of government, which means that there are two levels of government, both at the centre and in the states. The Constitution has distributed the powers and functions between the two governments.
4. All over the world, governments are made up of three organs: legislature, executive and judiciary. Let us learn more about their powers and functions.

STATE LEGISLATURE

1. Every state has a legislature.
2. Some states have a unicameral legislature, where there is only one house of legislature.
3. Other states have two houses of legislature, called the bicameral legislature, namely the Legislative Council (Vidhan Parishad) and the Legislative Assembly (Vidhan Sabha).

LEGISLATIVE COUNCIL

The Legislative Council is considered to be the upper house of the state legislature.
1. The Vidhan Parishad is a permanent house and can never be dissolved.
2. Each member serves for a term of 6 years.
3. One-third of its members retire after 2 years.
4. The Vidhan Parishad must have a minimum of 40 members or more than one-third of the members of the Vidhan Sabha.
5. These members are elected by the Vidhan Sabha members, members of the local bodies, secondary school teachers and graduates.
6. The Governor also nominates members to the Vidhan Parishad who are distinguished in the field of art, literature, science and social services.
7. The Chairman and Deputy Chairman are the presiding officers of the Vidhan Parishad. They carry out the functions of the house and maintain control over the proceedings of the house.

LEGISLATIVE ASSEMBLY

1. It has members in proportion to the state population.
2. The members of this house are called Members of the Legislative Assembly (MLAs).
3. The members are elected by the people.
4. All states in India have a Legislative Assembly.
5. MLAs are the elected representatives of the people.
6. The term is for 5 years, but the assembly may be dissolved before its term expires.
7. According to the Constitution, the number of members in the assembly cannot exceed 500 and cannot be less than 60.

Constituencies:
1. Every state is divided into different areas known as constituencies.
2. In Uttar Pradesh, there are 402 constituencies.
3. One representative from each constituency is elected by the people.
4. The person elected might belong to any party or can be an independent candidate.
5. A political party which gets half the majority is declared as the ruling party and the majority they have got is called the simple majority system.

Qualifications for MLAs:
The members of both houses need the same qualifications to become a member of the state legislature. These are as follows:
- He or she must be a citizen of India.
- A member of the Legislative Assembly must not be less than 25 years of age, and a member of the Legislative Council must not be less than 30 years of age.
- They must not hold any office of profit under the Government of India.
- He or she must be of sound mind and must be free from any legal proceedings.

The Speaker and the Deputy Speaker are elected from among the members, and they hold office as long as the house remains in power. The Speaker conducts the meetings of the assembly. The term is for 5 years, but the Governor can dissolve the assembly before it completes its term.

Powers and Functions of the Legislative Assembly

The Legislative Assembly has mainly two types of powers: legislative and financial powers.

The Legislative Power: The subjects of administration are divided into three lists: the Union List, the State List and the Concurrent List. The Legislative Assembly makes laws on the subjects mentioned in the State List and the Concurrent List.

The Financial Power: The assembly passes the state budget, money bills, permission for levying taxes, and the fixing of salaries of the members of the state legislature. Money bills are always introduced in the Legislative Assembly.

HOW DOES A BILL BECOME A LAW

There are two types of bills: money bills and non-money bills. A money bill is introduced in the Legislative Assembly. A non-money bill can be introduced either in the Legislative Assembly or in the Legislative Council.

There are three stages for a bill to be passed:
- First Stage: In this stage the bill is introduced and its title is read out to the members.
- Second Stage: The house refers the bill to selected committees, where a detailed discussion is held. This is called the second reading.
- Third Stage: In the third reading, the bill goes to the other house and the same procedure is followed.

After a stipulated time of 3 months, the bill is considered to be passed by both the houses. Finally, it goes to the Governor for his consent. In the case of money bills, the Legislative Council can make recommendations. It can delay the bill for 14 days only, but it should be passed by the Legislative Assembly after the 14 days.

CONTROL OVER THE COUNCIL OF MINISTERS

There are three categories of ministers: Cabinet Ministers, Ministers of State and Deputy Ministers.

The state Council of Ministers is controlled by the state Legislative Assembly. Members may ask questions to the ministers, and the ministers must answer the members. Otherwise, the members may pass a no-confidence motion against the Council of Ministers, which forces the entire ministry to resign.

STATE EXECUTIVE

The Governor is the head of the state. The responsibility lies with the Chief Minister and his Council of Ministers, who take care of the administration.

The Governor is appointed for one state, but at times he can be the Governor of more than one state. He must have the following qualifications:
- He must be a citizen of India.
- He must not be less than 35 years of age.
- He must not be a member of the Legislative Assembly or the Legislative Council.
- He must not hold any government office.

The Governor is appointed for a term of five years. The President can ask him to resign before the term period is over.

POWERS OF THE GOVERNOR

Executive Powers: The leader of the majority party is appointed as Chief Minister by the Governor. He also appoints the other ministers. He appoints other top officials such as the Advocate General and the members of the State Public Service Commission.

Discretionary Power: The Governor works on the advice of the Council of Ministers. In certain situations he is forced to take independent decisions, which is called the discretionary power. At times, when the state is under the President's rule, he can take a discretionary decision.

Legislative Power: The Governor inaugurates the first session of the assembly after the elections. Every bill passed by the Legislative Assembly should have his approval. He can pass an ordinance or a law in case the assembly is not in session.

Financial Power: No money bill or budget can be introduced in the house without the Governor's approval.

Judicial Power: The Governor can grant pardon or reduce the punishment of people convicted under the state laws.

The first woman Governor of independent India was Sarojini Naidu. She was appointed as Governor of Uttar Pradesh in 1947.

CHIEF MINISTER AND HIS COUNCIL OF MINISTERS

All powers regarding the administration of the state are vested in the Chief Minister and his ministry. He remains in power as long as he enjoys the support of the members.

Powers and Functions of the Chief Minister

The Chief Minister is the leader of the ruling political party, which has got a majority in the election. He is a vital link between the Governor and the Council of Ministers. Each minister is individually and collectively answerable to him. His main powers are:
- Determines the policies
- Supervises the administration of the state
- Allocates portfolios to all ministers
- Coordinates the work of the Council of Ministers

Powers and Functions of the Council of Ministers

The administration of a state takes place through various departments, and different ministers are responsible for the portfolios. The main function is to run the departments according to the policies laid down by the Council of Ministers. They bring bills in the assembly for discussion and approval.

WORKING OF THE GOVERNMENT

(i) The Legislative Assembly is not the place where opinions are expressed about the work of the government and action is demanded.
(ii) Newspapers, TV channels and other organisations regularly talk about government policies. In a democracy, there are various ways through which people express their views and also take action.
(iii) The people in power, like the Chief Minister and the ministers, have to take action. They do so through various departments like the Public Works Department, the Agriculture Department, the Health Department, the Education Department and so on. They also have to answer questions that are asked in the Legislative Assembly and convince the people asking the questions that proper steps are being taken.
(iv) At the same time, newspapers and the media widely discuss the issue, and the government has to respond, for example by holding press conferences.
(v) The government can also decide to make new laws for the state regarding sanitation and health facilities. For example, it may make it compulsory for municipal corporations to ensure that there are adequate toilets in every urban area. It may also ensure that a health worker is appointed in every village.
(vi) This act of making laws on certain issues is done in the Legislative Assembly of each state. The various government departments then implement these laws. Laws for the entire country are made in the Parliament.
(vii) In a democracy, it is the people who elect the representatives as Members of the Legislative Assembly (MLAs) in a state, and thus it is the people who have the main authority. The ruling party members form the government, and some members are appointed as ministers.
(viii) These ministers are in charge of various departments of the government, such as health, education and so on.
(ix) Whatever work is done by these departments has to be approved by the Members of the Legislative Assembly.