Category: Polity

State government structure in India

The state government follows the parliamentary system of government like the central government. Some states have a Bicameral legislature and some states have a Unicameral legislature. The state executive or the state government may consist of:

• Governor
• Chief Minister
• Council of Ministers.

These three executives form the basic structure of government in the states. Kindly check the Constitution of India (Articles 152-162).

Here’s a table summarizing the structure of State Government in India as per the Indian polity:

Component	Details
Governor	The constitutional head of the state; appointed by the President of India. Acts on the advice of the Council of Ministers headed by the Chief Minister.
Chief Minister (CM)	The real executive authority of the state. Elected leader of the majority party or coalition in the Legislative Assembly.
Council of Ministers	Comprises cabinet ministers, ministers of state, and deputy ministers. Aids and advises the Governor; collectively responsible to the Legislative Assembly.
State Legislature	Either unicameral (Legislative Assembly) or bicameral (Legislative Assembly and Legislative Council, in some states). Responsible for making laws for the state.
Legislative Assembly (Vidhan Sabha)	The lower house in a bicameral or sole house in a unicameral system. Members (MLAs) are directly elected by the people.
Legislative Council (Vidhan Parishad)	The upper house (exists in a few states). Members are partially elected by MLAs, local bodies, graduates, teachers, and nominated by the Governor.
Judiciary (High Court)	The apex judicial body at the state level. Oversees state legal matters and ensures the constitutionality of laws and actions.
State Public Service Commission (SPSC)	Independent body responsible for conducting examinations and advising the state government on matters of recruitment and service of civil servants.

This structure illustrates how the state government functions, combining executive, legislative, and judicial components to administer state affairs.

Unicameral Legislature

The states having a Unicameral Legislature will have only a Legislative Assembly. Example: Tamil Nadu, West Bengal, etc has a Unicameral Legislature.

Unicameral states in India

India has 28 states and out of which 24 states have Unicameral Structure. They are:

Here is a table summarizing unicameral states in India with respect to Indian polity:

State Name	Legislature Type	Details
Andhra Pradesh	Unicameral	Initially bicameral, Andhra Pradesh transitioned to a unicameral system in 1985. Restored bicameral in 2007.
Arunachal Pradesh	Unicameral	Single-house legislature, Legislative Assembly, comprising directly elected representatives.
Assam	Unicameral	Legislative Assembly is the sole house, responsible for state legislation.
Chhattisgarh	Unicameral	Operates with a single-house legislature (Vidhan Sabha).
Goa	Unicameral	Has a single-house legislature (Legislative Assembly).
Gujarat	Unicameral	State legislative processes are conducted solely in the Legislative Assembly.
Haryana	Unicameral	A single-house legislature exists in the form of Vidhan Sabha.
Himachal Pradesh	Unicameral	Legislative Assembly forms the only house of the legislature.
Jharkhand	Unicameral	Governance and law-making occur solely through the Legislative Assembly.
Kerala	Unicameral	Legislative Assembly is the only house of the state legislature.
Madhya Pradesh	Unicameral	Functions with a Legislative Assembly as the sole house.
Manipur	Unicameral	Operates with a single-house legislature (Vidhan Sabha).
Meghalaya	Unicameral	Legislative Assembly serves as the only legislative body in the state.
Mizoram	Unicameral	Governance and law-making occur through the Legislative Assembly.
Nagaland	Unicameral	Functions with a Legislative Assembly as its sole house.
Odisha	Unicameral	Has a single-house legislature (Legislative Assembly).
Punjab	Unicameral	Legislative Assembly is the sole house responsible for state legislation.
Rajasthan	Unicameral	Governance and law-making are conducted through a single-house legislature.
Sikkim	Unicameral	Operates with a Legislative Assembly as its sole house.
Tamil Nadu	Unicameral	Has a Legislative Assembly responsible for state legislative functions.
Tripura	Unicameral	Functions with a Legislative Assembly as its only house.
Uttarakhand	Unicameral	Operates with a Legislative Assembly as the sole house of the legislature.
West Bengal	Unicameral	Legislative Assembly is the only legislative body in the state.

Bicameral Legislature in India

Bicameral legislature in India meaning

This is just like centre, the state will have Legislative Council and Legislative Assembly.

In India, six states have a Bicameral Legislature. The bicameral legislature states are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

In the states having Bicameral legislatures, the governor nominates one-sixth of members of the legislative council. Those are a person who has special knowledge or experience in literature, science, art, cooperative movement, or social service.

The governor also nominates a person from the Anglo-Indian community to the legislative assembly.

Here’s a table summarizing the states with a bicameral legislature in India:

State/Union Territory	Legislative Bodies	Details
Andhra Pradesh	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	Re-established its bicameral system in 2007 after previously abolishing the Legislative Council in 1985.
Bihar	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	One of the original states with a bicameral legislature under the Indian Constitution.
Karnataka	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	Legislative Council acts as the upper house; members are partially elected and partially nominated.
Maharashtra	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	The upper house plays a key advisory and review role for state legislation.
Telangana	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	Retained its bicameral legislature after its separation from Andhra Pradesh in 2014.
Uttar Pradesh	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)	Largest state in India by population, having both legislative houses.
Jammu & Kashmir (Union Territory)*	Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)**	Had a bicameral system before Article 370 was revoked. The Council has since been abolished.

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Special Provision Jammu and Kashmir

The Part VI of the Indian Constitution deals with the state government and once it does not apply to Jammu and Kashmir. It enjoyed a special status and had its own constitution by Article 370, until the abolition of Article 370.

Role of Governor

The Governor of the state appoints the leader of the majority party which won in the assembly election as Chief Minister. Also appoints the council of ministers as per the advice of the Chief Minister.

The council of ministers stays in office during the pleasure of the Chief Minister. The governor act on the advice of the chief minister.

Appointment by Governor

• Advocate General of the State – Every state has an advocate general. He/She is an official corresponding to the Attorney-General of India. Also has similar functions for the state. He/She is a person who is qualified to be a judge of a High Court.
• Chairman, and members of State Public Service Commission and influences the promotion and postings,
• appointment of judges of the Sub-Court.

When the governor finds the state government is not in compliance with the Constitution of India, the Governor may recommend the President to proclaim a constitutional emergency as per Article 356.

To Read More above Governor, Read from the link below:

Governor of State in India Upsc

Chief Minister

He/She is the real executive of the state, head of the cabinet, and council of ministers. By Article 164(1), Governor appoints the Chief Minister of the state.

Powers and Functions

Chief Minister is a real executive head, has wide powers, and performs various functions. Important ones are:

Chief Minister has more powers in ministry making and can recommend the appointments of the minister. Also, designate them as ministers of state or deputy ministers and also as cabinet ministers. The Chief Minister also recommends their removal.

The Chief Minister has the power to preside over the meetings of the cabinet and makes policy decisions of the government. The Chief Minister is also the mediator between the governor and council of ministers in making all the cabinet-related decisions such as administrative and legislative proposals.

The CM scrutinizes all bills, resolutions, etc that are placed before the legislature.

And Most importantly, all the major appointments made by the governors are actually made on the advice of the Chief Minister.

The next important part of the state government is the State Council of Ministers.

Aspect	Details	Relevant Article(s)
Executive Powers	– Acts as the real executive authority in the state. – Advises the Governor in appointing other ministers. – Allocates and reshuffles portfolios among ministers.	Articles 163, 164
Legislative Powers	– Leader of the Legislative Assembly (or Council, if bicameral). – Proposes bills and policies in the legislature. – Recommends the dissolution of the Legislative Assembly to the Governor.	Articles 164, 174, 175
Administrative Powers	– Acts as a link between the Governor and the Council of Ministers. – Supervises the administration of the state. – Provides guidance to ministers.	Articles 163, 166
Financial Powers	– Advises the Governor on budget presentation. – Oversees state financial planning and policy. – Directs fund allocation for state departments.	Articles 202, 203
Judicial Powers	– Advises the Governor on appointments of key judicial officials (e.g., Advocate General). – Recommends pardons, reprieves, and remissions under state laws.	Articles 161, 165
Party Leadership	– Acts as the leader of the ruling party in the state. – Ensures party discipline and coherence in legislative policies.	Political Practice (Not in Articles)
Emergency Functions	– Plays a crucial role during the imposition of President’s Rule in the state. – Advises the Governor on handling emergencies.	Articles 356, 355
Other Functions	– Represents the state at national and international forums. – Addresses public grievances and ensures governance aligns with public welfare.	Political Practice (Not in Articles)

State Council of Ministers

There shall be a council of ministers headed by the Chief Minister 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(1)

The state council of Ministers is formed similar to the council of ministers at the Union. The Leader of the majority party or coalition of parties is appointed as the chief minister by the governor. And other ministers in the council of ministers are appointed by the governor based on the advice of the chief minister.

Term of Office of the Council of Ministers

They hold the office during the pleasure of the Governor. But in reality, the governor acts on the advice of the chief minister. The council of ministers is individually responsible to the Chief Minister and the council of ministers is collectively responsible to the legislative assembly of the state.

This means the council of ministers shall speak in one voice.

The State Cabinet

The council of ministers is cabinet ministers, ministers of state, and deputy ministers. Of them, cabinet ministers constitute the state cabinet. The cabinet ministers of the state cabinet are the prominent ministers of the council of ministers and are headed by the Chief Minister.

The cabinet takes decisions on behalf of the council of ministers. And all the ministers are bound by the decisions of the cabinet.

Conclusion

State Executive structure consists of the Governor and the Council of Ministers with the Chief Minister as its head.

Article 356 in Part XIII of the constitution provides for the proclamation of Emergency by the President in any state where there is a breakdown of constitutional machinery either based on the report of the Governor or even otherwise.

The Article emphasizes the supremacy of the constitution and national unity and integrity.

The state governments ruled by the opposition parties of the ruling party at the centre have complained against the frequent and improper use of this article by the ruling party or coalition at the centre.

More than a hundred times the Article has been used to impose emergency in states and in many instances there was a huge complaint that political and party considerations have led to the imposition of the President’s Rule.

Many regional parties have demanded the abolition of this Article.

However, since the Supreme Court’s judgment in S.R.Bommai vs Union of India case, the chances for misuse of Article 356 drastically reduced.

Somappa Rayappa Bommai (6 June 1924 to 10 October 2007) was the 11th Chief Minister of Karnataka.

He was also the HRD minister in the United Front Government from 1996 to 1998 and served with both the PM H.D.Deve Gowda and I.K.Gujral.

The Supreme Court delivered a landmark judgment in the S.R.Bommai Versus Union of India case in 1994 that has protected the rights of the states greatly.

S.R.Bommai was the Chief Minister of Karnataka and his government was dismissed in 1994 by the central government leading to the filling of the case in the Supreme Court.

The judgment protected the states from arbitrary dismissal at the hands of the hostile central government.

The main features of the judgment

Article 356 is an exceptional power to the Union Government and it should be used only occasionally to meet the exigencies of special occasions.

Emergency under this article can be imposed only on certain grounds signifying constitutional breakdown.

For Example, if no party or coalition can generate majority support after the Legislative Assembly elections resulting in a hung Assembly;

If constitutional directions from the central government are disregarded by the state government or state government actively assists in internal subversion.

An emergency cannot be imposed on certain grounds as they do not constitute a constitutional breakdown.

For example, a mere law and order problem cannot be construed as a constitutional breakdown.

And, an emergency cannot be imposed if the ruling party in the state lost heavily in the Parliamentary election.

The Governor’s report on the breakdown of the constitutional machinery in the state must be placed in Parliament.

The report should be a thorough one detailing the exceptional situation in the state.

The Legislative Assembly of a state cannot be dissolved before the proclamation of the president is approved by both the houses of the Parliament.

The court has the power to determine the validity of the imposition of emergency under Article 356 of the constitution.

If the court finds the grounds of imposition unconstitutional it can and will nullify the proclamation and restore the dismissed state government to life.

To put it succinctly the Supreme Court possesses the power of Judicial Review over the imposition of Article 356.

The Supreme court delivered the Judgement that the state governments ruled by opposition parties have been protected from arbitrary dismissal by the central government with a different ruling party.

Dr Ambedkar called Article 356 to the Constitution as it neglects the federal character of the Indian Political System and the Popular Sovereignty of an elected government.

🇮🇳 Discover Your Fundamental Rights in India! 🇮🇳

Think of Fundamental Rights as your personal shield 🛡️, guaranteed by the Constitution of India. They ensure everyone gets respect, dignity, and equality, protecting you from unfair actions by the state. These are the basic human rights for every citizen, no matter their race, religion, gender, or birthplace.

Where are they found?

In Part III of the Indian Constitution, specifically Articles 12 to 35. This part is so important, it’s often called the Magna Carta of India!

Why are they important?

• They protect your liberty and freedom.
• They prevent the government from becoming too powerful or dictatorial.
• They are crucial for your personal growth and the nation’s development.
• They act as a check on the government’s actions.

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✨ The 6 Pillars: Your Fundamental Rights Explained ✨

Here’s a breakdown of the six main categories of rights you possess:

1. Right to Equality (Articles 14-18) ⚖️

• What it means: Everyone is equal before the law! No special treatment for anyone. The law protects everyone equally.
• Key Guarantees:
  • ✅ Equality Before Law (Art. 14): No one is above the law.
  • 🚫 No Discrimination (Art. 15): The state cannot discriminate based on religion, race, caste, sex, or place of birth.
  • 🧑‍💼 Equal Opportunity (Art. 16): Everyone gets an equal chance in government employment matters.
  • ❌ Abolition of Untouchability (Art. 17): Practising untouchability is forbidden.
  • 🎖️ Abolition of Titles (Art. 18): No hereditary titles of nobility are allowed (like Raja, Maharaja).

2. Right to Freedom (Articles 19-22) 🕊️

• What it means: You have essential personal freedoms!
• Key Freedoms (Art. 19):
  • 🗣️ Freedom of speech and expression.
  • 🤝 Freedom to assemble peacefully (without weapons).
  • 👥 Freedom to form associations or unions.
  • 🚶 Freedom to move freely throughout India.
  • 🏠 Freedom to reside and settle anywhere in India.
  • 💼 Freedom to practice any profession, trade, or business.
• Other Protections:
  • 🛡️ Protection Regarding Conviction (Art. 20): Protection against unfair punishment.
  • ❤️ Protection of Life & Personal Liberty (Art. 21): Your right to live and be free. (This is interpreted very broadly by courts!)
  • 📚 Right to Education (Art. 21A): Free and compulsory education for children (age 6-14).
  • 🔒 Protection Against Arrest & Detention (Art. 22): Rights if you are arrested or detained.

3. Right Against Exploitation (Articles 23-24) 🛑

• What it means: Protection from being exploited or forced to work.
• Key Protections:
  • 🙅 Ban on Human Trafficking & Forced Labour (Art. 23): Includes practices like ‘begar’ (forced work without pay).
  • 🧒 Ban on Child Labour (Art. 24): Prohibits employing children under 14 in hazardous jobs (factories, mines, etc.).

4. Right to Freedom of Religion (Articles 25-28) 🙏🕉️☪️✝️☸️✡️

• What it means: You have the freedom to follow your faith.
• Key Aspects:
  • ✝️ Freedom of Conscience & Religion (Art. 25): Freedom to believe, practice, and share your religion.
  • ⛪ Manage Religious Affairs (Art. 26): Religious groups can manage their own affairs.
  • 💰 No Taxes for Promoting Religion (Art. 27): Freedom from paying taxes specifically to promote a particular religion.
  • 🎓 Religious Instruction Freedom (Art. 28): Rules about religious teaching in educational institutions.

5. Cultural and Educational Rights (Articles 29-30) 🎭📚

• What it means: Protecting diverse cultures and ensuring educational rights, especially for minorities.
• Key Rights:
  • 🌍 Protection of Interests of Minorities (Art. 29): Right to conserve distinct language, script, and culture. No denial of admission to state-aided institutions based on religion, race, caste, language.
  • 🏫 Minority Educational Institutions (Art. 30): Minorities have the right to establish and run their own educational institutions.

6. Right to Constitutional Remedies (Article 32) 🏛️💡

• What it means: This is your master key! If any of your Fundamental Rights are violated, you can directly approach the Supreme Court (or High Courts under Art. 226) to get them enforced.
• The Court’s Tools (Writs): The courts can issue special orders called writs:
  • Habeas Corpus: To produce a detained person before the court.
  • Mandamus: To order a public official to do their duty.
  • Prohibition: To stop a lower court from exceeding its jurisdiction.
  • Certiorari: To quash an order of a lower court.
  • Quo Warranto: To question the legality of a person holding a public office.
• Other Related Articles (33-35): These allow Parliament to modify rights for armed forces, impose restrictions during martial law, and make laws to enforce these rights.

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🤔 Fundamental Rights vs. Fundamental Duties

• Rights: Are guaranteed to you by the Constitution and are enforceable by courts. Think of them as what the country promises you.
• Duties: Are expected from you as a citizen (added by the 42nd Amendment, 1976). Think of them as your contribution to the country. They are not directly enforceable by courts in the same way rights are.

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❓ FAQ Spotlight: What is “Equal Protection of Laws”?

It means the law must operate equally for everyone under similar circumstances. If two people commit the same crime under similar conditions, they should face the same legal consequences, regardless of their background. It ensures fairness and prevents the government from treating people differently without a valid reason.

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Understanding your Fundamental Rights empowers you as a citizen. They are the bedrock of India’s democracy! 🌟

• https://nios.ac.in/media/documents/srsec317newE/317EL6.pdf

Child Rights

A child is a person who has completed the age of 18, Minor as per UNO. Child rights are mentioned in Articles 25 of the Universal Declaration of Human rights.

Child rights are accepted and adopted in the UN General Assembly on 20th November 1989. Child rights are rights to Life, family environment, education, social security, against sexual exploitation and against sale or trafficking, against exploitation like child labor.

Right to Life

The child has the right to life before its birth. The right to survival also has the right to be born, the right to basic needs such as food, shelter, and clothing, and dignified living.

Right to Family Environment

Every child has the right to live a normal childhood in a family environment. Children with no family, abandoned, or destitute also have the right to live. These children can be given for adoption.

Right to Benefit from Social Security

Children should get financial support from the state or country, when their parents or guardian is not in a state to provide them with a good standard of living, due to illness, disability, or old age.

Right to Education

The right to education is an act of parliament of India enacted in 2009 for free and compulsory education for children from 6 to 14 years.

This act is based on Article 21A of the constitution. This act provides every child with compulsory elementary education. The child need not pay fees for elementary education.

Right against sale or trafficking

Children are vulnerable to sale or trafficking for various activities such as Child labour, Sex slaves, prostitution, drug trafficking, etc.

This right provides children with fundamental human rights against sale or trafficking.

Right against sexual exploitation

The government should protect children from sexual exploitation and sexual abuse, physically or mentally.

POSCO Act- Protection of Children From Sexual Offences Act

POSCO Act, 2012, is one of the most important acts as far as Child interest is concerned.

Feature of POSCO Act,2012

• This act ensures anyone below the age of 18 to ensure health in the physical, emotional, intellectual, and social development of a child.
• The statement is recorded as it is like the child narrates when the abuse is committed by the family member or the acquaintances.

• “A child not to be called repeatedly to testify.”
• The death penalty for rapist of girls under the age of 12 and stringent penal provisions for rape is added in April 2018.

• The Criminal Law Amendment Ordinance, 2018 amended the Indian Penal code.
• The fine imposed is used for the treatment and rehabilitation of the child victim.