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THE GOVERNOR:
• Article 153 says that there shall be a Governor for each State. However same person can be appointed Governor for two or more States.
• Executive power of State is vested in the Governor (Art. 154).
• The Governor of a State is appointed by the President and holds office at the pleasure of the President.
• Normal tenure of a Governor is 5 years.
Qualifications to be a Governor are:
(i) He must be a citizen of India.
(ii) He must have completed age of 35 years.
(iii) He must not hold any office of profit.
• The salary and allowances of the Governor are drawn from the consolidated fund of the States. However, when the same person is appointed as the Governor of two or more States, the emoluments and allowances payable to him shall be allocated among the States in such proportion as determined by the President of India.
• If a member of Parliament or State legislature is appointed as Governor, his seat shall become vacant in the concerned houses.
• Governor has the power to appoint the Advocate General and the members of the State Public Service Commission, to nominate one member of Anglo-Indian community to State legislature.
• Governor can not remove the State Public Service Commission members although he can suspend them pending inquiry with the Supreme Court.
• One-sixth of the members of State Legislative Council are nominated by the Governor from amongst the persons having special knowledge or practical experience in literature, science, art, co-operative movement and social service.
• He appoints Election Commissioner for the State.
• He decides on the question of disqualification of the members of the State legislature in consultation with the Election Commission of India.
Governor’s Assent to Bills:
• There are four courses open to a Governor to whom a Bill passed by the State legislature is presented for assent. The Governor—
(i) may give his assent.
(ii) may withhold his assent.
(iii) may reserve the Bill for the consideration of the President or
(iv) may return the Bill (if not a Money Bill) for reconsideration with his message.
• Governor is having the obligation to reserve the bill for the consideration of the President where the bill passed by the State legislature endangers the position of the State High Court (Art. 200).
• Governor can also reserve the bill if it is
(i) against the provisions of the Constitution
(ii) against the larger interest of the country
(iii) of grave national importance
(iv) dealing with compulsory acquisition of property under Art. 31A of the Constitution.
• When the State legislature is not in session and Governor think that circumstances exist which render it necessary for him to take immediate action. He can issue ordinance under Art. 213.
• The Governor is entitled to be consulted by President in matter of appointment of the judges of High Court.
• The Governor acts as the Chancellor of Universities in the State. He also appoints the Vice-Chancellors of Universities in the State.
• He ensures the laying of the State Budget before the legislature (Art. 202).
• Introduction of Money Bill (Art. 207) in the State legislature requires his prior recommendation.
• In the areas State legislature can enact laws, Governor enjoys the power to grant pardons, reprieves, respites or remissions of punishment or to suspend or commute sentences in certain cases (Art. 161). However, Governor can not pardon death sentences.
• Article 163 provides discretionary powers to him and whether any matter is under his discretionary sphere, the decision of the Governor shall be final.
• The Governor has constitutional discretion in the following cases:
(i) Reservation of a bill for the consideration of the President.
(ii) Recommendation for the imposition of the President’s Rule in the State.
(iii) While exercising his functions as the administrator of an adjoining Union Territory (in case of additional charge).
(iv) Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an Autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
(v) Seeking information from the Chief Minister with regard to the administrative and legislative matters of the State.
• While exercising the special responsibilities as directed by President, the Governor is not bound by the advice of the council of minister of State.
STATE LEGISLATURE:
• The legislature of State consist of the Governor and one or two Houses.
• Only Telangana , Bihar, Maharashtra, Karnataka, Uttar Pradesh and Andhra Pradesh have bicameral Legislature i.e. Legislative Assembly and Legislative Council both.
Legislative Councils in States:
States
Andhra Pradesh
Telangana
Karnataka
Maharashtra
Uttar Pradesh
Bihar
• Art. 169 says Legislative Councils can be created or abolished through a simple act of Parliament on the recommendation of Legislative Assembly.
• Though, Legislative Assembly can have minimum strength of 60 and maximum of 500, Legislative Assemblies of Sikkim, Mizoram, Goa and Pondicherry have 32, 40, 40 and 40 members respectively.
• Legislative Council is the Upper House. The membership of the Legislative Council shall not be more than one-third of the membership of the Legislative Assembly and shall not be less than 40.
• Members of the Legislative Council of State can be elected by following methods:
(i) One-third shall be elected by members of municipalities, district boards, local authorities etc.
(ii) One-third shall be elected by the members of the Legislative Assembly.
(iii) One-twelfth shall be elected by University Graduates.
(iv) One-twelfth shall be elected by teachers.
(v) Remaining (i.e. one-sixth) shall be nominated by the Governor.
• Normal duration of Legislative Assembly is 5 years, whereas the Legislative Council do not dissolve but its one-third members shall retire on the expiry of every second year.
• Qualification for membership in State Legislative Assembly:
(i) Indian citizenship
(ii) Completing 25 years of Age
(iii) Possessing such qualification as Parliament by law may determine
(iv) Do not hold any office of profit under the government
• For Legislative Council membership the age must be of 30 years or more and rest qualifications are the same as are for members of Legislative Assembly.
LOCAL GOVERNMENT:
• The Legislature of a state may, by law, make provisions for a three-level system – villages level, intermediate level, and district level.
• Article 40 of the Constitution directs the State to organise Village Panchayats as units of self government. Most states began implementing this Directive Principle along the lines of the recommendations of the government’s Balwantrai Mehta Commission report. According to these recommendations, the popularly elected gram panchayat (Village Council) is the basic unit.
• 73rd Constitution Amendment Act, 1992 and 74th Constitution Amendment Act, 1992 inserted part IX (panchayats) and Part IX A (municipalities) in the Constitution respectively as well as XIth and XIIth schedule respectively. XIth Schedule contains 29 areas of work for the panchayats and XIIth Schedule has 18 areas of work for the municipalities.
• Community Development Programme was launched on October 2, 1952.
• Rajasthan was the first State to set up Panchayati Raj System in 1959 by Jawaharlal Nehru followed by Andhra Pradesh.
73rd & 74th Constitutional Amendments :
The 73rd Constitutional Amendment Act, 1992 and 74th Constitutional Amendment Act, 1992 gave constitutional status to Local Self-Government in India.
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73rd Amendment → Rural Local Bodies (Panchayats)
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74th Amendment → Urban Local Bodies (Municipalities)
73rd Amendment (Panchayati Raj System):
Significance:
-
Gave constitutional recognition to Panchayats
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Ensured democratic decentralization
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Made local governance more accountable
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Strengthened grassroot democracy
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Introduced regular elections every 5 years
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Empowered women and weaker sections through reservations
Structure (3-Tier System):
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Village Level → Gram Panchayat
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Intermediate Level → Panchayat Samiti (Block level)
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District Level → Zilla Parishad
Gram Sabha:
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Basic unit of democracy
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Consists of all registered voters in a village
Functions:
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Approves plans & budgets
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Social audit of schemes
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Ensures transparency
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Participates in decision-making
Elections:
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Conducted by State Election Commission
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Held every 5 years
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If dissolved → elections within 6 months
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Elections are direct at village level
Reservations:
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SC/ST → Proportional reservation
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Women → Minimum 1/3 seats reserved (many states increased to 50%)
Reservation applies to:
Powers & Responsibilities:
Based on 11th Schedule (29 subjects)
Finance:
-
State Finance Commission (every 5 years)
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Recommends distribution of funds
Panchayats can collect:
74th Amendment (Urban Local Government):
Significance:
-
Gave constitutional status to municipalities
-
Strengthened urban governance
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Promoted planned urban development
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Improved service delivery in cities
Types of Municipalities:
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Nagar Panchayat → Transitional areas
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Municipal Council → Small towns
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Municipal Corporation → Large cities
Elections:
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Conducted by State Election Commission
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Every 5 years
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Direct elections to members
Reservations:
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SC/ST → Proportional reservation
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Women → Minimum 1/3 seats
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Reservation also for Chairpersons
Powers & Responsibilities:
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Urban planning
-
Regulation of land use
-
Water supply
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Public health & sanitation
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Solid waste management
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Roads & infrastructure
Based on 12th Schedule (18 subjects)
Finance:
-
State Finance Commission
Revenue sources:
Key Differences:
| Feature | 73rd Amendment | 74th Amendment |
|---|
| Area | Rural | Urban |
| Bodies | Panchayats | Municipalities |
| Schedule | 11th (29 subjects) | 12th (18 subjects) |
| Focus | Village development | Urban development |
The 73rd and 74th Amendments are milestones in India’s democratic system, ensuring people’s participation at grassroots level. They promote inclusive governance, transparency, and local development, making democracy truly bottom-up.
ARTICLES (Total Coverage):
Governor:
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Art. 153 – Governor for each State
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Art. 154 – Executive power of State vested in Governor
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Art. 155 – Appointment of Governor
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Art. 156 – Term of office (Pleasure of President)
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Art. 157 – Qualifications
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Art. 158 – Conditions of office
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Art. 159 – Oath or affirmation
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Art. 160 – Contingency provisions
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Art. 161 – Pardoning power
Council of Ministers:
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Art. 163 – Council of Ministers to aid and advise Governor
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Art. 164 – Appointment of Chief Minister & Ministers
Advocate General:
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Art. 165 – Advocate General for the State
State Administration:
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Art. 166 – Conduct of business of State Government
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Art. 167 – Duties of Chief Minister
LOCAL GOVERNMENT – ARTICLES:
Panchayats (73rd Amendment):
Part IX (Articles 243 to 243-O):
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Art. 243 – Definitions
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Art. 243A – Gram Sabha
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Art. 243B – Constitution of Panchayats
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Art. 243C – Composition
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Art. 243D – Reservation
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Art. 243E – Duration (5 years)
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Art. 243F – Disqualifications
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Art. 243G – Powers & responsibilities
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Art. 243H – Finance (taxes, funds)
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Art. 243I – State Finance Commission
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Art. 243J – Audit of accounts
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Art. 243K – State Election Commission
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Art. 243L – Application to UTs
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Art. 243M – Exceptions
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Art. 243N – Continuance of existing laws
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Art. 243O – Bar on court interference in elections
Municipalities (74th Amendment):
Part IX-A (Articles 243P to 243ZG):
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Art. 243P – Definitions
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Art. 243Q – Constitution of Municipalities
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Art. 243R – Composition
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Art. 243S – Wards Committees
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Art. 243T – Reservation
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Art. 243U – Duration
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Art. 243V – Disqualifications
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Art. 243W – Powers & responsibilities
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Art. 243X – Finance
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Art. 243Y – State Finance Commission
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Art. 243Z – Audit of accounts
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Art. 243ZA – Elections
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Art. 243ZB – Application to UTs
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Art. 243ZC – Exceptions
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Art. 243ZD – District Planning Committee
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Art. 243ZE – Metropolitan Planning Committee
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Art. 243ZF – Continuance of laws
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Art. 243ZG – Bar on court interference
Disclaimer:
This content is prepared for educational and informational purposes only. The notes are simplified for better understanding and exam preparation (UPSC and State Exams). Readers are advised to refer to standard textbooks and official sources for detailed study
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