India has a federal form of government, which means that there are two levels of government one at the centre and another in the states and union territories. Each state has a legislature, a governer and the council of ministers headed by the Chief Minister.
The Governor is the Head of the State. All executive powers of the State government are vested in him. The position of the Governor in a State is similar to that of the President at the Centre. His power are actually exercised by the Council of Minister headed by the Chief Minister.
(a) Qualifications :
* Any citizen of India
* 35 years of age or above
(b) Appointment
* The Governor is appointed by the President of india on the advice of the Council of Minister.
* The President can appoint a person as the Governor of more than one state.
(c) Oath
* The oath of office is administrated to the Governor by the Chief justice of the concerned High Court.
(d) Term and Removal
* The term of the Governor is for five years. However, he holds office during the "pleasure" of the President and can be removed from office even before the expiry of his term.
* The Chief Justice of the concerned High Court or in his absence the seniormost judge of the high court discharges the duties of the office of a Governor if it falls vacant due to death or resignation of the
Governor.
(e) Powers and Functions :
* The Governer performs a number of functions. He has vast power to be exercised during normal times as well as in emergencies.
* These powers, however, are actually exercise by the Chief Minister and the Council of Ministers.
(i) Exective Powers :
* He appoints the Chief Minister. He also appoints other members of the Council of Ministers on the advice of the Chief Minister.
* He appoints the Advocate General, the Chairman and members of the State Public Service Commission.
* He is consulted by the President of India for the appointment of judges of the High Court.
(ii) Legislative Powers :
* The Governer has significant legislative power. He summons and prorogues the sessions of the State Legislature.
* He addresses the first session of the Legislature after every election and its first session every year. He can dissolve the State Assembly before the expiry of its full term.
* He can issue ordinances. A bill passed by the state Legislature can become a law only after the Governor assent to it.
(iii) Emergency Powers :
* The Governor exercise important power, during emergency which is also known as President's Rule.
* During emergency period the Governor practically runs the State government.
The Constitution provides for a Council of Ministers headed by the Chief Minister to aid and advice the Governor in the exercise of his powers.
* The Chief Minister is appointed by the Governor. The Governor has to appoint only the leader of the majority party in the assembly as the Chief Minister. If no single party gets the majority, the leader of a combination of parties constituting the majority or the leader of the largest party having the support of the majority is appointed as the Chief Minister.
* Members of the Coucil of Ministers are also appointed by the Governor on the adivice of the Chief Minister.
* In practice almost all the powers vested in the Governor are exercised by the Chief Minister and the Council of Ministers.
* Every state has a legislature. some of the state legislatures have two houses.
* The lower house is known as the Legislative Assembly(Vidhan Sabha) and the upper house as the Legislative Council (Vidhan Parishad).
* In 1990 only five States had bicameral Legislatures, namely, Bihar, Maharastra, Karnatka, Uttar Pradesh and Jammu and Kashmir.In most of the states the legislatures have only one house, the legisltaive Assembly.
* Its members are elected by the people. A citizen of India, who is 25years of age or above can be elected as its member.
* The term of the Legislative Assemblies is for 5 years. However it may be dissolved before its term expires.
* The members of the assembly elect one of its members as speaker and anothter as Deputy Speaker.
(b) The Legislative Council
* The Legislative Council in a state is constituted differently. it cannot be larger than the legislative Assembly of the state. The membership of the Legislative Council can not bne more then 1/3 of the legislative assembly.
(A) One - third of members are elected by the local government bodies like the Zila Parishad, the Muncipalities and the muncipal corporations.
(B) Another one - third are elected by members of the Legislative assembly of the state.
(C) One - twelfth are eleted by a constituency of graduates,and
(D) One - twelfth by teachers of secondry schools , colleges and universities.
(E) One - Sixth of the members are nominated by the Governor.
* A citizen of India, who is 30 years of age or above can be elected as its member.
* The Legislative Council is a permanent house. Every member is elected for six years. Its one third members retire every second year and are replaced by the newly elected members.
* The members of the legislative Council elect one of them as chairman and another as Deputy Chairman who presides over its meetings.
* The state legislatures make laws in respect of all the subjects contained in the State list and the Concurent list. However, its laws on the concurrent list are ineffective to the extent they clash with the Central law on the same subject.
* The State legislature controls the finances of the state.
* The State Legislature, specially the legislative assembly, exercise controls over the executive.
* The State Legislature ratifies those amendments of the Constitution which effects the federal structure of the country.
* The State Legislature participates inthe election of the President and in the election of the members of Rajya Sabha
* In State Legislatures also the legislative assembly's are more powerful than the Legislative council.
(i) Ordinary Bill :
* Ordinary bills can be introduced in any of the two houses.
* If an ordinary bill passed by the Assembly is rejected or passed with some changes by the Council or is not returned by it within three months, the Assembly can again pass that bill. If the Council again rejects it or make changes in it or des not return it within one month, the bill will be deemed to have been passed by the legislature.
(ii) Money Bill :
* The money bill can be introduce only inthe legislative assembly with the prior consent of the Governor.
* When the bill is passed by the Assembly it is sent to the Legislative Council for its recommendations.
* If the Council reutrns the bill with its recommendations for some change, the assembly may accept or reject them.
* If the Council does not make any recommendation within 14days , the bill is deemed to have been passed by both the houses.
* Once the bills are passed by the state legislature it goes to the Governor for his assent.
(iii) Bureaucracy :
* Bureaucracy performs very significant, role in the functioning of the government. It is also called the civil service.
* Some of its functions are : collection of revenues, maintenance of law and order, administrative and technical assistance to the political executive and day- to day administration.