Legislative Assembly (Vidhan Sabha)

Legislative Assembly (Vidhan Sabha)

The Vidhan Sabha (State Legislative Assembly) refers to the lower house of the State Legislature. Members of the assembly are elected directly by the people through the state election. Following Legislative Assembly elections in a state, the state's Governor invites the party with a majority of seats to form the government. 

A state Legislative Council can be established or abolish by the State Legislative Council through passing a resolution. To come into effect, such a resolution has to be supported by a majority of two-thirds or more members of the Legislative Assembly who are present and voting.

The Legislative Assembly consists of a maximum of 500 and a minimum of 60 members. An individual must be at least 25 years of age to get membership in the Legislative Assembly.  Only the State Legislative Assembly can introduce a motion of no confidence against the ruling government in the state. If such a motion is passed by a majority vote, then the Chief Minister and their Council of Ministers have to collectively resign. One term of the assembly spans 5 years unless it is dissolved sooner. 

Member of Legislative Council (MLC)

Member of Legislative Council (MLC)

Members of Vidhan Parishad (Legislative Council) are called Member of Legislative Council (MLCs). The bills proposed by the Members of Legislative Assembly (MLA’s) are discussed and deliberated by MLC’s. They play a role similar to that of Rajya Sabha members at the center.

MLCs can either be nominated members of the legislature or are elected by a restricted electorate of individuals such as teachers and lawyers. The MLCs are mostly either experts from various fields or influential people from diverse backgrounds. To be appointed as an MLC, one must be a citizen of India and at least 30 years of age. Additionally, to qualify, one has to mentally sound and enrolled on the voters' list of the state from which they are contesting an election. 

A person can not simultaneously be an MLC and be a Member of Parliament or a Member of the State Legislative Assembly. MLCs serve their term for a period of 6 years. After every two years, one-third of the members of Legislative Council retire, similar to the members of the Rajya Sabha.

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Vidhan Parishad

Vidhan Parishad

In Indian states which have a bicameral legislature, the Vidhan Parishad (State Legislative Council) serves as the upper house. The Indian Constitution provides limited powers to the Legislative Council. It can neither create nor dissolve a state government. The Legislative Council also plays no role in passing Finance Bills.

A state's Legislative Council comprises one-third or less than one-third of the members of the state Legislative Assembly. Additionally, it's size can also not be less than 40 members. The election of the Chairman of Legislative Council and the Deputy Chairman is done through the members of the council.

Legislature

Legislature

Each state in India has a legislature that comprises the Governor and either one house (unicameral) or, two houses (bicameral). In a majority of the states, there is only one house called the Legislative Assembly. Two houses known as Legislative Council and Legislative Assembly exist only in the states of Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh. The Parliament has the power to abolish an existing Legislative Council and it can also establish a Legislative Council in a state. This can only be done if their plan is supported by the Legislative Assembly of that state. 

In order to watch over the daily activities of the Executive, State Legislatures use parliamentary devices like questions, discussions, debates, adjournments, and no-confidence motions. They also have their committees which ensure that the grants sanctioned by the legislature are used properly.

30-50 Ministries

30-50 Ministries

30-50 Ministries

Indicative list of Ministries/Portfolios based on the state of Maharashtra.

  1. General Administration
  2. Law and Judiciary
  3. Information and Public Relations
  4. Information Technology
  5. Other departments not allocated to any Minister
  6. Finance
  7. Planning
  8. Revenue and Forest Department
  9. Water Resources and Command Area Development
  10. Industry
  11. Mining
  12. Marathi Language
  13. Food & Civil Supply
  14. Consumer Affairs
  15. Environment
  16. Tourism
  17. Protocol
  18. Water Supply and Sanitation
  19. Home
  20. Public Works (Excluding Public Undertakings)
  21. Food and Drug Administration
  22. Public Health and Family Welfare
  23. Rural Development
  24. Energy
  25. School Education
  26. Housing
  27. Urban Development
  28. Public Works (including Public Undertakings)
  29. Animal Husbandry
  30. Dairy Development
  31. Sports and Youth Welfare
  32. Other Backward Classes
  33. Socially and Educationally Backward Classes
  34. Vimukta Jati
  35. Nomadic Tribes and Special Backward Classes Welfare
  36. Khar Land Development
  37. Earthquake Rehabilitation
  38. Medical Education
  39. Cultural Affairs
  40. Higher education and Technical education
  41. Agriculture
  42. Ex. Servicemen Welfare
  43. Forest
  44. Disaster Management
  45. Relief and Rehabilitation
  46. Minorty Development and Aukaf
  47. Skill Development and Entrepreneurship
  48. Minorty Development and Aukaf
  49. Skill Development and Entrepreneurship
  50. Tribal development
  51. Employment Guarantee
  52. Horticulture
  53. Co-operation
  54. Marketing
  55. Transport
  56. Parliamentary affairs
  57. Textiles
  58. Fisheries
  59. Port Development
  60. Women and Child Development
  61. Soil and Water conservation
  62. Social Justice and Special Assistance
  63. State Excise
  64. Labour
  65. Revenue
  66. Rural Development
  67. Ports
  68. Khar land Development
  69. Special Assistance
  70. Public Health and Family Welfare
  71. Medical Education
  72. Food and Drug Administration
  73. Textile
  74. Cultural Affairs
  75. Home (Rural)
  76. Finance and Planning
  77. State Excise
  78. Skill Development And Entrepreneurship
  79. Marketing
  80. Water Resources and Command Area Development
  81. School Education
  82. Woman and Child Development
  83. Majority welfare and development
  84. Labour
  85. Public Works (excluding Public Undertakings)
  86. Soil and Water Conservation
  87. Forests
  88. Animal Husbandry
  89. Dairy Development and Fisheries
  90. General Administration
  91. Co-operation
  92. Agriculture
  93. Social Justice
  94. Food, Civil Supplies And Consumer Protection
  95. Minorities Development and Aukaf
  96. Marathi Language
  97. Home (Urban)
  98. Housing
  99. Transport
  100. Information Technology
  101. Parliamentary Affairs
  102. Ex. Servicemen Welfare
  103. Environment
  104. Water Supply and Sanitation
  105. Public Works (Public Undertakings)
  106. Employment Guarantee
  107. Earthquake Rehabilitation
  108. Parliamentary Affairs
  109. Urban Development
  110. Energy
  111. Tribal Development
  112. Higher and Technical Education
  113. Disaster Management
  114. Relief and Rehabilitation
  115. Law and Judiciary
  116. Industries and Mining
  117. Tourism
  118. Horticulture
  119. Sports and Youth Welfare
  120. Protocol
  121. Information and Public Relations

Chief Minister

Chief Minister

The actual power in a state lies with the Chief Minister of that state while the Governor serves only as the ceremonial head. The Chief Minister heads the Council of Ministers in a state and is responsible for the state ministries. The Council of Ministers with the Chief Minister as their leader offer assistance and advice to the Governor when necessary.

In Union Territories, the actual power lies with the Lieutenant Governor or administrator, but there are exceptions to this rule. In the National Capital Territory (NCT) of Delhi, Puducherry and Jammu and Kashmir they share their power with a Council of Ministers helmed by the Chief Minister. 

Governor

Governor

In a state government, the Governor is the constitutional head. At the state level, a Governor has similar powers and tasks as the President of India does at the Union level. Along with being the Constitutional head, they also serve as a link between the central and the state government. As an appointee of the President, the Governor is responsible for representing the centre in the state as well as being a channel of communication between the two.

In states, we have Governors, while in Union Territories including the National Capital Territory of Delhi we have Lieutenant Governors or Administrator.

The President of India appoints the Governor of a state for a term of 5 years. An individual must be an Indian citizen and be over the age of 35 years of age to qualify for this position.   

Union Government

The Union Government of India mainly comprises of the Executive, the Legislature, and the Judiciary.  Under the Union Government, all powers are vested by the Constitution of India in the Prime Minister, Parliament and the Supreme Court. The President of India is the Head of the state while the elected Prime Minister acts as the head of the executive, and is responsible for running the Union government.

The parliament is bicameral in nature, with the Lok Sabha being the lower house, and the Rajya Sabha the upper house.

The judiciary comprises of an apex Supreme Court, 24 High Courts, and several District Courts. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the civil procedure code, the penal code, and the criminal procedure code.

 

Central Bureau of Investigation (CBI)

Central Bureau of Investigation (CBI)

The Central Bureau of Investigation (CBI) is a premier investigating agency. Originally set up to investigate bribery and governmental corruption, in 1965 it received expanded jurisdiction to investigate breaches of central laws enforceable by the Government of India, multi-state organised crime, multi-agency or international cases. The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other cases. CBI is exempted from the provisions of the Right to Information Act. CBI is India's officially designated single point of contact for liaison with the Interpol.

CBI: Read More

The CBI's autonomy, ability to function free from the control of the Executive is the need of the hour. Currently, the CBI needs permission from the state to investigate the wrongdoings of the state, it is known to not take action against powerful politicians, and is often manipulated by politicians for taking out their personal vendettas.

Area of Concern Summary Problem Summary Solution
Political Interference CBI operations are often manipulated by politicians to take out personal vendetta. Additionally it does not help that CBI needs approval from state governments to look into wrongdoings in the state.
Political Interference CBI has often failed to take action against powerful politicians.
Lack of Autonomy, Transparency, Accountabiltiy Urgent reform is needed in order to ensure CBI's independence.
Lack of Clarity of Structure Seeking consent of state governments interferes with CBI operations. CBI's role and structure needs to be redesigned.
Capacity Gaps Another issue relating to functioning of the CBI, like all police force, is vacancy in the sanctioned strength
Autonomy CBI has been reduced to a puppet in the hands of the government. CBI's autonomy, ability to function free from the control of the executive is the need of the hour.

Excel Sheet: Read More

Law Commission of India

Law Commission of India

The Law Commission of India came into existence through an order of the Government of India. Its main role is to work towards legal reform. The government elects the members of the Law Commission who are all legal experts. It acts as an advisor to the Ministry of Law & Justice and is set-up for a fixed term.