Rajasthan Board RBSE Class 12 Political Science Notes Chapter 23 State Administration and Local Self Government: Present Perspective with Reference to 73rd and 74th Constitutional Amendment
State Administration:
- India is a sovereign, socialist, secular and democratic republic which has a federal structure with unitary features.
- There is a council of ministers in consultation with the constitutional head of the country whose chief is the Prime Minister of the country.
- There is a council of ministers in consultation with the governor in the states whose chief is the Chief Minister of the state.
- In India, the Parliamentary system of government has been adopted at the center, in the same way the Parliamentary system has been adopted in the states too.
- Similar to the center, such a system also prevails in state : a formal and a real executive. Just as the actual executive is the Prime Minister in the center, the actual executive in the state is the Chief Minister.
- In the state, Governor is a constitutional chief, who is the nominal executive of the state like the President in the center.
- In the name of die Governor, the entire work of the governance of the state is conducted.
- Article 153 of the Indian constitution gives the description of the post of governor.
- Article 154 states that the executive power of the state will be vested in the governor.
- Under Article 155, the President of India appoints the Governor of the state.
- The Governor appoints the leader of the majority party in the legislative assembly as Chief Minister.
- Just like the center, the administrative structure of the state is divided into departments.
- The head of the department is the Cabinet Minister, to Whom an administrative officer is appointedto provide consultation and technical advice. He is responsible for the implementation of government policies.
- The state administration has been divided into different districts.
- The main responsibility of the district administration is to maintain law and order, to collect revenue and to implement development works.
- The responsibility of establishing a public welfare state in India is on the District Administrative Head.
- The link between the local self-government and the district administration is called the District Head.
- He is up to the Chief Agent and coordinator of decentralized structure of India.
Features of State Administration:
The main features of state administration :
- Independent entity and lack of separate constitution.
- During emergency, under the rule of central administration.
- Dependent on the center and based on public interaction.
- Secretariat is the axis of state administration.
- Selection of prominent administrators in All India Services.
- Local administration functions under the rule of state administration.
- Governor is a representative of the President in the state.
Constitutional Head of the State:
- In our constitution, the Parliamentary System of administration has been adopted in the state as in the centre as a result, the Governor is the constitutional head of the state.
- He uses nominal powers. The cabinet ministers Use the real power under the leadership of the chief minister.
Position of Governor:
- The Governor has the right to receive information concerning all matters related to the rule of the states.
- The Governor appoints the Advocate General of the state. He appoints the Head and members of the State Public Service Commission.
- The Governor is consulted in the appointment of the High Court judges and in consultation with the High Court, the Governor appoints the District Judges.
- According to the Article 161, the Governor of the state has the right to reduce, suspend, change and forgive the penalty of the persons who commit crimes against the law.
- The Governor can nominate an Anglo- Indian as a member of the state legislative Assembly, if he understands that they do not have adequate representation in the legislative Assembly.
- The Governor can nominate one-sixth members in the legislative council, those who have made special contributions in the fields of education, literature, service, science, and art, etc.
- The governor has the right to convene a session of the state legislature and dissolve the Legislative Assembly.
- The Governor’s approval is necessary on any bill passed by the Legislative Assembly.
- The Governor can return a General Bill with his suggestions to the Legislature.
- It is the governor’s task to prepare the statement of each financial year and present it in the Legislative Assembly.
- No money bill can be submitted in the Legislative Assembly without prior approval of the Governor.
- No amount of state revenue can be spent without the approval of the Governor. The Governor hasthe right to spend from the consolidated fund of the state, but the expenditure incurred by him is necessary to be accepted by the Legislative Assembly.
Chief Minister and Council of Ministers:
- The Chief Minister is the real executive of the state.
- The Chief Minister is appointed by the governor but the formation, dissolution and departmental allocation of the Council of Ministers is vested with the Chief Minister.
- Every minister stays in office till the will of the Chief Minister. The Chief Minister may ask any minister to resign at any time, or get him sacked by the governor. The Chief Minister decides the date and place of meeting of the council of ministers.
- The Chief Minister presides over the meeting of the Council of Ministers.
- The Chief Minister is appointed by the Governor on the basis of majority of the party in the legislature.
- In the event of a hung assembly or a blurred majority, the governor can exercise his discretion in the selection of the Chief Minister.
- The Chief Minister may advise the Governor to dissolve the Assembly, even after having his majority in the legislative Assembly. ‘
- In India, there is a parliamentary system in the state like the centei, wording to which the cabinet is the real governance of the state. The head of the Council of Ministers is die Chief Minister.
- The Governor constitutes the council of ministers in consultation with the Chief Minister and dissolves it only in consultation with him.
- According to 91st constitutional amendment, the number of state council of minister was fixed at maximum 15% of the total members of the Legislative Assembly.
- The Chief Minister decides the size of his council of ministers in which there are three levels of ministers- Cabinet, State and Deputy Ministers. Sometimes, the Parliamentary secretaries are also appointed.
Local Self Government:
- There are two levels of local self government in the country : – The first is Rural Local Government, known by the name of Panchayati Raj and the second is Urban Local Government.
- Historian ‘Altekar’ has termed Indian villages as small republics.
- 1957, the Balwant Rai Mehta committee recommended the implementation of the three-tier Panchayati Raj System throughout the country.
- The three-tier system in 73rd constitutional Amendment Act provides for a three-level institutional framework for all states.
- Rajasthan is the First state to implement Mehta committee’s recommendation.
Committees Constituted for Reforms in Panchayati Raj System:
Committees constituted for reforms in Panchayati Raj System are :
- Balwant Rai Mehta committee (1957)
- Ashok Mehta committee (1977)
- G.V.K. Rao committee (1985)
- L.M. Singhvi committee (1986)
- P.K. Thungan committee (1988)
The Main Characteristics of 73rd Constitutional Amendment Act:
- At the village level, ward panch and Sarpanch, divisional members at the block level and the district council members at the district level have been made through direct election by the people. © 73rd Constitution Amendment Act provides reservation for one-third seats for women in all these institutions.
- This Act provides reservation for the Scheduled Castes and Scheduled Tribes in proportion to the population.
- This Act also authorizes the state legislatures to make reservation arrangements for the backwardclasses in these institutions.
- An Election Commission will be constituted for regular and fair conduct of election process inPanchayati Raj Institutions. .
- This Act organizes village Panchayats, provides them with such powers to be given by the state, which make them powerful in accordance with article 40 of the constitution.
74th Constitution Amendment Act:
- Under the 74th Constitution Amendment Act, three types of institutions will function in urban bodies :
- Nagar Panchayat,
- Municipal Council,
- Municipal Corporation.
- The term of the urban bodies has been kept for 5 years but they can be dissolved earlier by the motion of no confidence.
- In the 12th schedule of the constitution, 18 subjects have been included for the increase in the work and powers of the urban bodies.
- In Rajasthan, in addition to these urban bodies, the Cantonment Board, Town Area Committee, Notified Area Committees, etc. are also working.
Important Dates and Related Events:
RBSE Class 12 Political Science Notes Chapter 23 Important Terms
- Sovereign : This means that India is a completely independent state. It is not subject to any other foreign power in its internal and external affairs.
- Democratic : It means that the public elected representatives use political power in India and they are liable to the public. The constitution guarantees to all its citizens, social, economic and political justice.
- Republic : This means that in India, the head of state or Supreme person is an elected representative not a hereditary position. Election of the President of India is indirectly done by the public.
- Governor : The constitutional head of the state/ the governance of the state is governed by the name of the Governor.
- Chief Minister : The head of the state’s actual executive. The Governor appoints the leader of the majority party / parties as Chief Minister in the state Legislative Assembly.
- The Legislative Assembly : Lower house of state is Legislative Assembly. Members of Legislative Assembly are known as MLA.
- District: One unit of state administration. Rajasthan has 33 districts.
- 73rd constitutional Amendment : Related to rural local self-government. It was passed by Parliament in 1992, which came into effect on 24 April, 1993. This constitution amendment constitutes three-tier institutional structures for all states. As:
- Gram Panchayat
- Panchayat Samiti
- District Council.
- 74th Constitutional Amendment: Related to urban local self-government. In 1992, the 74th Constitution Amendment was passed by Parliament and a law was enacted which came into force on June, 1993. Under this law, these types of institutions are working, namely.
- Nagar Panchayat
- Nagar Parishad (Municipal Council)
- Municipal Corporation. ,
- Public Welfare State : A state that strives for maximum welfare of its citizens, is called Public Welfare State.
- The Cabinet: A group of Cabinet level ministers of the council of ministers of state / center is called cabinet. In fact, the powers delegated to the President by the constitution are actually used by the Cabinet.
- Defection : After being elected on anyone party ticket in the elections, joining a political party other than that political party is called defection.
- Regional Party : A group whose influence is in a particular region or state and which works for residents of that area, is called regional parties.
- Administrative Reform Commission : In 1966, the Federal Government established a high-powered commission for the purposes of testing the country’s administrative system, which was named as the Administrative Reforms Commission. Moraiji Desai was the first head of this commission. According to administrative reforms, a person should be appointed governor only once.
- Advocate General : He is the highest law officer of the state. He is appointed by the Governor. The Advocate General has the right to speak in the proceedings of the houses of the state legislature but he has no right to vote.
- State Public Service Commission : Commission constituted under Article 316 of the constitution. The governor appoints its chairman and members.
- State legislature : The law-making body in the state is called state legislature. It has 2 houses :
- The Legislative Assembly,
- Legislative Council.
- There is Bicameral Legislatures in states of India and the unicameral legislatures council in the remaining states.
- Party whip : Appointed by the Chief Minister. The Chief Minister keeps control through it in his party to maintain unity and discipline.
- State Finance Commission : Commission constituted after every 5 years to review the financial status of Panchayati Raj Institutions.
- Cantonment Board : For the administration of the area where the soldiers live in the form of a unit, the cantonment board is formed. They work under the administrative control of the central government’s defence ministry. Its functions are similar to that of a municipality.
- Sita Ramaiyya ji : The President of the first session of Congress after independence.
- Notified Area Committee : Such committees are formed for the administration of two types of areas :
- Developing town due to industrialization.
- The town which has not yet met the necessary conditions for the formation of municipality, but it should beconsidered as important by the state government.
- It is notified to incorporate it into the official gazette. So its powers are similar to the powers of the municipality.