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State governments of India

Governments of the 28 Indian states and three union territories

  • 12 min read
  • 4 chapters

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Through Council of Ministers, Federation and Government of India

Each state has a legislative assembly. A state legislature that has one house – the State Legislative Assembly (Vidhan Sabha) – is a unicameral legislature. A state legislature that has two houses – the State Legislative Assembly and State Legislative Council (Vidhan Parishad) – is a bicameral legislature. The Vidhan Sabha is the lower house and corresponds to the Lok Sabha (House of the people) while the Vidhan Parishad is the upper house and corresponds to the Rajya Sabha (Council of States) of the Parliament of India.

While the Union government handles defence, external affairs etc., the state government deals with subjects in the State List, such as public order, police, prisons, public health, agriculture, local government, land, and fisheries, etc.

Income for the Union government is from customs duty, excise tax, income tax etc., while state government income comes from State GST (SGST), State excise duty (on liquor and related items), stamp duty and registration fees, land revenue, and vehicle tax, etc. After the implementation of GST, several state-level indirect taxes—such as sales tax (VAT on goods, except petroleum products and alcohol), entertainment tax (except those levied by local bodies), entry tax, and luxury tax—were subsumed into the Goods and Services Tax (GST) system.

The Sarkaria Commission was set up to review the balance of power between states' and the Union governments. The Union government can dissolve a state government in favour of President's rule if necessary, subject to certain conditions, as ruled by the Supreme Court of India in S. R. Bommai v. Union of India. It is for 5 years only.

Legislative

For every state, there is a legislature, which consists of a Governor and either one or two houses.

Legislative Council

6 out of 28 states have bicameral legislatures, namely Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, with the remaining states having a unicameral one. Parliament may, by law, provide for the abolition of an existing Legislative Council or for the creation of one where it does not exist, if the proposal is supported by a resolution of the Legislative Assembly of the state concerned.

The Legislative Council of a state comprises not more than one-third of the total number of members in the legislative assembly of the state and in no case fewer than 40 members. About one-third of members of the Council are elected by members of the legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities, district boards and other local authorities in the state, one-twelfth by an electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and a further one-twelfth by registered graduates of more than three years' standing. Remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, cooperative movement and social service. Legislative Councils are not subject to dissolution but one-third of their members retire every second year.

Legislative councils by ruling parties

The Bharatiya Janata Party-led National Democratic Alliance is in power in 4 legislative councils; the Indian National Congress-led Indian National Developmental Inclusive Alliance is in power in 2 legislative councils; and 30 other states/union territories do not have a legislative council.

Legislative Assembly

The Legislative Assembly of a state consists of not more than 500 and not fewer than 60 members (Legislative Assembly of Sikkim has 32 members, while Puducherry has 33, Goa and Mizoram have 40 seats each vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state. Demarcation of territorial constituencies is to be done in such a manner that the ratio between population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the state. The term of an assembly is five years unless it is dissolved earlier.

Legislative assemblies by ruling parties

The Bharatiya Janata Party-led National Democratic Alliance is in power in 22 legislative assemblies; the Indian National Developmental Inclusive Alliance is in power in 6 legislative assemblies while three legislative assemblies are ruled by three other parties.

Powers and Functions

State legislature has exclusive powers over subjects enumerated in the State List (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III. Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government. The Legislative Assembly alone has the power to originate money bills. The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from the Legislative Assembly, which can accept or reject these recommendations.

The Governor of a state may reserve any Bill for the consideration of the President. Bills relating to subjects like the compulsory acquisition of property, measures affecting powers and position of High Courts, and the imposition of taxes on storage, distribution, and sale of water or electricity in Inter-state River or river valley development projects should necessarily be so reserved. No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.

State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments, and no-confidence motions and resolutions to keep a watch over the day-to-day work of the executive. They also have their own committees on estimates and public accounts to ensure that grants sanctioned by the legislature are properly utilized.

There are, overall, 4,121 legislative assembly seats in states and Union territories of India. Andhra Pradesh abolished its Legislative Council in 1984, but set up a new Legislative Council following elections in 2007.

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