How State Government Works under Federalism?

Class10 Chapter 2 Federalism

Inside Legislative Assembly of Assam1©10x10learning.com

Federalism in India is modified by principle of Unity in Diversity, as Unity is to prevail above diversity.

1. The Constitution of India provides for division of Legislative and Executive powers between the Union and the States through:

a) The Union List : Parliament of India alone can make laws on subjects included in this List

b) The State List : States alone can make laws on subjects included in this List

c) Concurrent List: Both, the Parliament and State Assemblies can make laws on subjects in this List, but Union Law will prevail after being adopted by the State Assemblies.

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About States / UT / NCR 1. 29 States + 6 Union Territories (UTs) + 1 National Capital Region of Delhi. = 36

2. No elections are held in UT, as they are administered by the Centre, through an Administrator.

Exceptions are (1) Delhi (2) Pondicherry , that have Legislative Assemblies.

Delhi Assembly has 70 seats and Pondicherry Assembly has 30 seats.

3. States created on basis of geography, language, culture and ethnicity.

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Constituency ? 1. A State is divided into constituencies as per the number of MLA in the Legislative Assembly. Each Constituency elects One MLA

2. Total number of constituencies in 29 States = 4020

Delhi + 70Pondicherry + 30

Total = 4120

4. Representatives are MLA elected to represent the people of a constituency a State Assembly.

5. There are 4120 MLAs in all,in India, as there are 4120 Assembly constituencies.

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Each State Constituency elects one Member of Legislative Assembly (MLA)

• Those who stand for elections to the State Assembly, are members of a Political Party, or they are Private candidates.

• If a majority of the MLA elected, belong to one Party, the leader of that Party becomes the Chief Minister.

• The Chief Minister selects a few MLAs to be Ministers in his Cabinet.

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How many State Assemblies in India?

• The Constitution of India declares India to be a Federation of States. India has a total of 29 States, and each State has its own Legislative Assembly + NCR Delhi and UT Puducherry.

• These are located in the capital of each State

• The number of members in each State Assembly differs from State to State, because the population of each is different.

• Maximum limit for MLAs is 500, and Minimum is 40. Uttar Pradesh has 403, Goa has 40. Sikkim is an exception and has 32 members.

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A few Assembly buildings in StatesKerala Orissa Uttar Pradesh

Tripura

Andhra Pradesh

Tamil NaduKarnataka

Assam

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On 28th March, 2016 status of parties in power is as follows:

BJP 9, Congress 7, others 13

Parties having a majority in State Assemblies

• The Bhartiya Janata Party (BJP) – in 14 States +JK • The Indian National Congress (INC) – in 9 states• All India Trinamool Congress (TMC) in West Bengal• Janata Dal United JD (U) in Bihar • Biju Janata Dal (BJD) in Orissa• Communist Party of India (Marxist) (CPI) (M) in Tripura• Peoples Democratic Party (PDP) + (BJP) in Jammu and

Kashmir • All India Anna Dravida Munnetra Kazhagam (AIADMK) – in

Tamil Nadu• Telegu Desam Party (TDP) In Andhra Pradesh• Telangana Rashtra Samithi (TRS) In Telangana• The Aam Adami Party (AAP)in Delhi • Shiromani Akali Dal in Punjab

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Functioning of the MLA in a State Assembly

• An MLA has to be present in the Assemblyduring all sittings.

• She / He has to follow the Rules to askquestions, and raise important issues duringZero hour.

• She/ He has to participate in debates andprepare for it.

• If nominated to one of Standing Committees ora Select Committee, he has to attend theCommittee Meetings and give his views /suggestions on the matter under consideration.

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MLA continued• If the MLA, is also a Minister in the State Cabinet, he

heads the State Department allocated to him.

• For this function, he has to attend and participate inthe meetings of the Cabinet.

• He has to finally approve all papers of hisDepartment , that are to be placed before the StateCabinet.

• He has to defend his own decisions as a minister,during the debates on his Department in the StateAssembly.

• He has to speak to the Press on matters of hisdepartment.

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Functioning of a State Government Department

• A State Government Department is headed by the Minister –in-charge

• It has a Principal Secretary and other senior officers.

• They formulate draft legislative bills for introduction in the State Assembly, as and when required

• They formulate the budget and implement the Central and State Government schemes of the department.

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