Chapter 3 The State Government

Punjab State Board PSEB 10th Class Social Science Book Solutions Civics Chapter 3 The State Government Textbook Exercise Questions and Answers.

PSEB Solutions for Class 10 Social Science Civics Chapter 3 The State Government

SST Guide for Class 10 PSEB The State Government Textbook Questions and Answers

I. Answer the following questions in brief:

Question 1.
How many Chambers a State Legislative Assembly has? Give their names.
Answer:
In many states of India, the State Legislatures have one House. Some State Legislatures have two Houses. Where the State Legislature has two Houses, these are Vidhan Sabha and Vidhan Parishad. Where there is only one House, the name of the House is Vidhan Sabha pr Legislative Assembly.

Question 2.
Answer the following questions concerning State Legislative Assembly (Vidhan Sabha).
(a) The qualifications to become its member.
Answer:
Essential qualifications for a person to become the member of the Legislative Assembly or the Vidhan Sabha. Following are the essential qualifications for a person to become the member of the Vidhan Sabha :

• He must be a citizen of India.
• He must have completed 25 years of age.
• He must not be either an insolvent or a bankrupt or of unsound fnind.
• He must not hold any office of profit under the Government of India or the State Government.

(b) The maximum and minimum number of its members as per the Constitution.
Answer:
Number of Members. The number of members of the Vidhan Sabha is fixed by the Parliament on the basis of the population of the state concerned. It can have a maximum membership of 500 and a minimum of 60 persons.

(c) Mention the stages, an ordinary bill has to pass through.
Answer:
Stages of an ordinary bill. An ordinary bill, before becoming an act, has to pass through the following stages; At the first stage, the bill is introduced in the House and its first reading is done. At the second stage, a general discussion on each clause of the bill takes place. At the third stage, the debate is confined to the acceptance or rejection of the bill.

(d) The minimum age required to become the member of the Legislative Assembly.
Answer:
Minimum age limit for the member of the Vidhan Sabha.
The minimum age limit for contesting election to the Vidhan Sabha is 25 years.

(e) How is the Speaker of the Legislative Assembly elected?
Answer:
Election of the Speaker. The Speaker presides over the meetings of the State Legislative Assembly (Vidhan Sabha) and maintains discipline and decorum in the House. He is elected by the House from amongst its own members.

Question 3.
Answer the following questions concerning Legislative Council of a state :
(а) How many members can be there of the Legislative Council?
Answer:
The maximum strength of the Vidhan Parishad. The Vidhan Parishad is the upper House of the State Legislature. The maximum strength of this House is fixed at one-third of the membership of the Vidhan Sabha and a minimum of 40 members.

(b) Mention the term of the members of Legislative Council.
Answer:
Term of the members of Legislative Council.
The Legislative Council is a permanent house. The term of members is six years but one-third of its members retire after every two years.

(c) Mention the term of the members of Legislative Assembly.
Answer:
The term of the members of Legislative Assembly is 5 years but the Assembly can be dismissed by the President by using Article 356 even before the completion of its term.

(d) Name four states where the Lagislative Council Exists.
Answer:
Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar and Uttar Pradesh have Legislative Councils. It means these states have bicameral legislature.

Question 4.
Enumerate the four powers of the State Legislature.
Answer:
Following are the main powers of the State Legislature :

• To exercise control over the Council of Ministers.
• To pass the budget, and to impose, reduce or repeal taxes.
• To make laws on the subjects included in the State List and the Concurrent List.
• To punish those who violate the discipline of the House.

Question 5.
Do your state has bicameral legislatuse?
Answer:
Punjab has a unicameral legislature called Vidhan Sabha. Punjab has no Second Chamber or Vidhan Parishad.

Question 6.
How is the Governor of a State appointed?
Answer:
The Governor is the constitutional head of a state. He is appointed by the President for a period of five years.

Question 7.
Who and how is a Chief Minister appointed?
Answer:
The Chief Minister of a State is appointed by the Governor. He appoints a person who is the leader of the majority party in the State Vidhan Sabha.

Question 8.
Examine the role of the Governor during President’s rule in a state.
Answer:
If the President is satisfied either on the recommendation of the Governor or otherwise that the government cannot be carried on in a State in accordance with the Constitution, he declares constitutional emergency in the state. The Governor can dismiss the Council of Ministers and dissolve the Vidhan Sabha. He becomes the real head of the State.

Question 9.
Mention the term of the office of the Governor.
Answer:
The term of the Governor is five years. But before the expiry of this term, he can be removed from his office by the President. The President can ask him to hold this office even after five years of his term.

Question 10.
Name the three lists under which powers between union and states are distributed.
Answer:
There are three lists under which powers are divided between union government and state governments :

• Union List. It contains 97 subjects on which only union government can make laws.
• State List. This list contains 66 subjects on which state government can make laws.
• Concurrent List. This list contains 47 subjects on which both union government and state governments can make laws. But in case of clash of laws, central law prevails.

Question 11.
What do you understand by Lok Adalats?
Answer:
Lok Adalats haye been set up in the country with a view to providing speedy and cheap justice to the poor. The first Lok Adalat held its session at Delhi on Oct. 6, 1985. It decided 150 cases in a single day.

Question 12.
When and who appoints Finance Commission?
Answer:
The president of India appoints the Finance Commission at the end of every fifth year or earlier, as the deemed necessary by him/her.

II. Answer the following questions in short :

Question 1.
Briefly describe the administrative powers of the Governor.
Or
Explain three powers of the Governor
Answer:
Following are the executive powers of the Governor of a state :

• All executive actions of the State are taken in his name.
• It is his responsibility to maintain law and order in the State. There is a provision for a Council of Ministers to assist hini in this work.
• He appoints the Chief Minister, and on his advice, other ministers of his Council of Ministers.
• He makes high appointments like those of the Advocate General, Chairman and Members of the State Public Service Commission, etc.
• He is also consulted by the President in matters relating to the appointment of the judges for the High Court of his State.

Question 2.
Examine the process of appointment of the Council of Ministers in a state.
Answer:
The Constitution of India establishes Parliamentary form of government at the State level and at the Centre. The Governor, therefore, is a nominal head of the State. There is a provision for a Council of Ministers to assist him. The Council of Ministers is the real executive of the State. The Governor appoints a person as the Chief Minister who is the leader of the majority party in the Legislative Assembly. He also appoints other ministers on the advice of the Chief Minister. The Governor can neither delete nor add any new name to the list, given to him by the Chief Minister.

Question 3.
Explain the discretionary powers of a Governor.
Answer:
The Governor has some powers which he can use on his own discretion. These are called his discretionary powers.

The Governor can exercise these powers in the following cases :

• When no party holds a clear majority in the State Vidhan Sabha, he shall exercise his discretion in the appointment of the Chief Minister.
• In the event of the failure of the constitutional machinery in the state, he may recommend the imposition of the President’s rule in his state.
• To safeguard the interests of the Scheduled Castes and Tribes in his state.
• To reserve any bill passed by the state legislature for the approval of the President.
• The Governor can dismiss the ministry if he is convinced that it has lost the majority support.

Question 4.
How a declaration of the breakdown of constitutional machinery affects the State Government?
Answer:

• The President can use all the powers or any of the executive powers of the state.
• The powers taken over by him shall be exercised by him either directly or through officers subordinate to him. These powers are generally exercised by the state Governor.
• He can suspend or dissolve the legislative assembly of the state.
• The Parliament can make laws on any subject on the State list for that State.
• The Parliament passes the annual budget of the state.
• The Council of Ministers of the state is dismissed.

Question 5.
Distinguish between the Cabinet and the Council of Ministers.
Answer:
There are the following differences between the Cabinet and the Council of Ministers :

• The Council of Ministers consists of about 60 ministers, whereas the Cabinet has only 15-20 members.
• The Cabinet is the inner part of the Council of Minister. That is why, it is commonly termed as wheel within a wheel.
• The Cabinet formulates all the policies of the state whereas the Council of Ministers does not take part in policy making.
• The meetings of the Cabinet are held once or twice a week but the meetings of the Council of Ministers are very rarely held.

Question 6.
Examine the four main functions of the Council of Ministers.
Answer:
Following are the four main functions of the Council of Ministers :

1. Formulation of Policies. The first important function of the Council of Ministers of a state is the formulation of the policies on the basis of which the administration of the state is to be conducted.
2. Administration. The Council of Ministers is the real executive of the state. Each minister is made incharge of a department and it is his responsibility to run the administration of the department smoothly.
3. Legislative functions. It is the Council of Ministers that decides the time of summoning and prorougation of the legislature. The Governor’s address is prepared by the council. Majority of the bills are introduced in the legislature by the Council of Ministers.
4. Financial functions. It is the Council of Ministers which prepares the budget and decides the financial policy of the state. It decides which new taxes are to be imposed. It also decides which taxes are to be increased or decreased.

Question 7.
How a money bill becomes an Act in a State Legislature?
Answer:
A money bill can be introduced by a minister only in the Vidhan Sabha. In a State, which has bicameral legislature, the money bill, after being passed by the Vidhan Sabha, is sent to the Vidhan Parishad. The Vidhan Parishad can keep pending the money bill for 14 days. After this, it sends the bill to Vidhan Sabha with or without its suggestions. The Vidhan Sabha has power to reject or accept these suggestions. Then the bill passed by the Vidhan Sabha is sent to the Governor for approval. The bill, after getting the assent of the Governor, becomes an act.

Question 8.
Explain the original jurisdiction or administrative powers of a High Court.
Answer:
Some cases can be brought before the High Court directly. This is called the original jurisdiction of the High Court. The High Court has original jurisdictions in the following cases :

1. Any case regarding the fundamental rights can be brought directly to the High Court. The High Court is empowered to issue five kinds of writs for the enforcement of fundamental rights.
2. The State High Courts like the Supreme Court can strike down any law passed by the State Legislature or the Parliament or any order of the executive if it violates any provision of the Constitution.

Question 9.
Describe the Appellate jurisdiction of a High Court.
Answer:

• The High Court can hear appeals against the decision of the lower courts in most of the revenue and criminal cases.
• The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years imprisonment by the Sessions Judge. The Sessions Judge of a district court can award death sentence in criminal cases. But such a sentence is subject to the confirmation of the High Court.

Question 10.
‘A High Court is a Court of Record’. How?
Answer:
According to Article 251, every State High Court is a Court of Record, and as such its decisions are recorded and the courts subordinate to it accept these decisions as judicial precedents.

Question 11.
Examine the organization and main functions of the Lok Adalats.
Answer:
Lok Adalats. The Lok Adalats have been set up in the country with a view to providing speedy and cheap justice to the poor. Justice P.N. Bhagwati is regarded as its founder. The first Lok Adalat held its session at Delhi in October 6, 1985 and settled many cases in a single day. Our courts have heavy work-load. Lakhs of cases are pending. The system provides the simplest way to file a petition for a poor citizen in the Lok Adalat through a simple letter written on a postcard. In 1987, these Lok Adalats got legal recognition.

Question 12.
Describe briefly the relations between the Union and States on one of the following :
(a) Legislative Relations
(b) Administrative Relations
(c) Financial Relations.
Answer:
(а) Legislative Relations. The union legislature can make laws on the subjects given in the Union list and Concurrent list while the State Legislature can make laws on the State list and the Concurrent list. Only the Parliament can make laws on subjects in the State List as well as the Concurrent List during the declaration of emergency in the State (Art. 356).

(b) Administrative Relations. The administrative powers of the State shall be so exercised that they do not come into conflict with executive powers of the Centre. The Union government can issue instructions to the States for that purpose if it thinks it necessary. The executive powers of the union government shall also extend to the giving of directions to a state regarding the construction and maintenance .of the means of communication declared to be of national and military importance.

(c) Financial Relations. The sources of income are divided between the Centre and the States. The important sources of income of the Central Government are such as

• Customs and export duties.
• Income tax.
• Estate duty.
• Interstate trade tax.

Sources of Income of the States are such as :

• Land revenue
• House tax
• Taxes on succession to agricultural land
• V.A. tax.

PSEB 10th Class Social Science Guide The State Government Important Questions and Answers

Answer the following questions in one line or one word :

Question 1.
Where is Punjab High Court located?
Answer:
Punjab High Court is located at Chandigarh.

Question 2.
How many States and Union Territories are there in the Indian Republic?
Answer:
There are twenty-eight States and eight Union Territories in India.

Question 3.
On what basis have the states been classified?
Answer:
In India, the states have been organised on a linguistic basis.

Question 4.
What is called a Union Territory?
Answer:
An administrative unit the administration of which is under the Union Government.

Question 5.
On which lists of subjects can the State Government make laws?
Answer:
The State Legislature can make laws on the subjects in the State list and Concurrent list.

Question 6.
In which House can a money bill be introduced?
Answer:
A money bill can be introduced only in the Vidhan Sabha.

Question 7.
Who is the real head of a State Government?
Answer:
The Chief Minister is the real head of a State Government.

Question 8.
Mention two qualifications for the office of the Governor.
Answer:
He must be a citizen of India and must have completed 35 years of age.

Question 9.
Write any one executive power of the Governor.
Answer:
The Governor is the executive head of the State.

Question 10.
Mention any one legislative function of the Governor.
Answer:
He summons, adjourns and prorogues the State Legislature.

Question 11.
Mention any one financial power of the Governor.
Answer:
The Budget of the State is presented to the Legislative Assembly in his name.

Question 12.
Write any one judicial power of the Governor.
Answer:
The Governor is consulted by the President in the appointment of the judges of the High Court.

Question 13.
How many minimum sessions of the State Legislature must be held in a year?
Answer:
The State Legislature must hold at least two sessions in a year.

Question 14.
Who is the chipf adviser of the Governor?
Answer:
The Chief Minister is the chief adviser of the Governor.

Question 15.
Write any one power of the Chief Minister.
Answer:
The Chief Minister prepares a list of the ministers and sends it to the Governor for approval.

Question 18.
What is the number of members of the Punjab Legislative Assembly?
Answer:
The Punjab Legislative Assembly consists of 117 members.

Question 17.
Who can appoint the Governor?
Answer:
The Governor is appointed by the President of India.

Question 18.
Who appoints the Chief Minister?
Answer:
The Chief Minister is appointed by the Governor.

Question 19.
What is the tenure of the Governor?
Answer:
The tenure of the Governor is five years.

Question 20.
What is tenure of Legislative Council?
Answer:
Legislative Council is a permanent body. Its one-third members retire by rotation after every two years and these members can be re-elected. The tenure of each member is six years.

Question 21.
What is the name of the Governor of the Punjab?
Answer:
V.P. Singh Bednore.

Fill in the blanks :

Question 1.
There are _________ States in India.
Answer:
28

Question 2.
There are _________ Union Territories in India.
Answer:
8

Question 3.
In Punjab there is _________ Legislature.
Answer:
unicameral

Question 4.
The _________ is the Chief advisor of the Governor.
Answer:
Chief Minister

Question 5.
The Governor is appointed by the _________
Answer:
President

Question 6.
The tenure of the Governor is _________
Answer:
five

Question 7.
The Chief Minister is appointed by the _________
Answer:
Governor

Question 8.
The Judges of the High Court are appointed by the _________
Answer:
President

Question 9.
The strength of the Punjab Legislative Assembly is _________
Answer:
117

Question 10.
The Judges of the High Court retire at the age of _________ years.
Answer:
sixty-two

Question 11.
The constitutional head of the state is _________
Answer:
Governor

Question 12.
The Legislative Council is a _________ House.
Answer:
Permanent

Question 13.
The tenure of the Legislative Assembly is _________ years.
Answer:
five.

Choose the correct answer :

Question 1.
The Governor of a state is :
(a) Head of Govt.
(b) Head of the State
(c) Head of the Union Territory
(d) None of these.
Answer:
(b) Head of the State

Question 2.
Two Houses of the State Legislature are :
(а) Lok Sabha and Rajya Sabha
(b) Legislative Council and Lok Sabha
(c) Legislative Assembly and Legislative Council
(d) Rajya Sabha and Legislative Assembly.
Answer:
(c) Legislative Assembly and Legislative Council

Question 3.
Who is the constitutional head of the state?
(a) Governor
(b) Chief Minister
(c) President
(d) Speaker of Legislative Assembly.
Answer:
(a) Governor

Question 4.
The term of office of the Governor is :
(a) 4 years
(b) 5 years
(c) 3 years
(d) 6 years.
Answer:
(b) 5 years

Question 5.
The tenure of the Legistative Assembly in normal time is :
(a) 4 years
(b) 6 years
(c) 3 years
(d) 5 years.
Answer:
(d) 5 years.

Short Answer Type Questions

Question 1.
Describe the composition of the State Legislative Assembly (Vidhan Sabha).
Answer:
The Vidhan Sabha consists of the members directly elected by the people of the State on the basis of adult franchise. According to the Constitution, its maximum membership shall not exceed 500 and shall not be below 60. A citizen having attained the age of 25 years is eligible to be elected to this house. The tenure of the Vidhan Sabha is five years. This house has a Speaker and a Deputy Speaker to conduct its meetings. The House elects them from among its members.

Question 2.
How is the Legislative Council (Vidhan Parishad) organised?
Answer:
The membership of the Vidhan Parishad cannot exceed one-third of the membership of the Vidhan Sabha with a minimum of 40 members. Its members are elected or nominated as under:

• 1/3rd members are elected by the Vidhan Sabha from amongst persons who are not its members.
• 1/3rd members are elected by the local bodies of the state.
• 1/12th of members are elected by persons of at least three years’ standing as teachers in educational institutions not lower in standard than that of a secondary school.
• 1/12th of members are elected by the university graduates of at least three years’ standing in the state.
• 1/6th members are nominated by the Governor from amongst persons possessing special knowledge and experience in the fields of arts, literature, science, etc.

Question 3.
Describe the position of the Governor as a representative of the Central Government.
Answer:
The Governor of an Indian State is the head of the State but he is the representative of the Centre also. The following facts prove it :

1. He acts as a link between Central Government and the State Government. He can reserve certain bills for the consideration of the President.
2. If the Governor feels that administration of the state cannot be carried on in accordance with the provisions of the Constitution, he can recommend to the President to declare emergency arising due to breakdown of constitutional machinery in the state. In that case, the President may impose President’s Rule in that state.
3. The State Vidhan Sabha and the Council of Ministers may be suspended or dissolved. During the emergency the Governor acts as a representative of the Central Government. He runs the administration with the help of an Advisory Council.

Question 4.
Mention the grounds on the basis of which the Governor can recommend President’s rule in the state.
Answer:
The Governor can recommend to the President for the imposition of President’s rule in his state if he is satisfied that :

1. the constitutional machinery has broken down in the state; and
2. the ruling party has lost the support of the majority of legislators.

Question 5.
Write a short note on the ‘Union Territories’.
Answer:
There are, at present, eight Union Territories apart from the 2S States. Since the area and population covered by them is small, so these are not given the status of a full-fledged state. The administration of the Union Territories is under the control of the President acting through a Lt. Governor or a Chief Commissioner. The Parliament may constitute, for every such territory, a Council of Advisors to the Chief Commissioner which may partly be elected and partly nominated.

Question 6.
List out three similarities in the organisation of Central and the State Governments.
Answer:
The following are three similarities with regard to the organisation of Central and State Governments :

1. The Constitution’ establishes the parliamentary form of government both at the Centre and in the units.
2. Both at the Centre and in the States there exists’ independent impartial judicial system with a single hierarchy of coy^s to administer justice on, both the Union and the State laws.
3. The legislature of the Centre is bicameral and so it is in many states such as Bihar, Tamilnadu, Maharashtra, Karnataka, Uttar Pradesh.

Question 7.
List out three dissimilarities in the organisation of the Centre and State Governments.
Answer:
The following are the three dissimilarities with regard to the organisation of Central and State Governments :

1. The head of the state at the centre is an elected President; but the Governor, the head of the state, is nominated.
2. The central legislature is bicameral but most of the states have unicameral legislatures.
3. There is no office like that of the Vice-President in the States.

Question 8.
Give four non-legislative functions of the State Legislature.
Answer:
The following are the non-legislative functions of the State Legislature :

1. The State Legislature exercises control over the finances of the State.
2. The Legislature’deliberates on the no-confidence motion against the Government.
3. The elected members of the State Legislature elect the members of Rajya Sabha.
4. Each of the Houses of the Legislature elects its own Chairman and Deputy Chairman.

Question 9.
Mention three major legislative functions of the Governor.
Answer:
The following are the legislative functions of the Governor :

1. He summons, adjourns and prorogues the State Legislature.
2. All bills passed by the legislature are sent to him for his approval.
3. He can issue ordinances during the recess of the State Legislature.

Question 10.
Mention three major executive functions of the Governor.
Answer:
The following are the executive functions of the Governor :

1. He appoints the Chief Minister and on his advice the other ministers.
2. He appoints the Advocate General of the State, the Chairman and the members of the Public Service Commission and other officials of the State.
3. The Chief Minister informs the Governor about all decisions of the Council of Ministers and supplies him information relating to the administration of the State.

Question 11.
Mention the four major functions of the State Governments.
Answer:
The State Governments perform the following functions :

1. The most important function of each State Government is to maintain law and order in its State.
2. It is also the function of the State Government to provide the citizens with basic amenities of life.
3. It provides educational facilities to its citizens.
4. The Government is also expected to look after the economic welfare of the citizens by undertaking development programmes.

Question 12.
Explain three powers of the Chief Minister.
Answer:
Following are the powers of the Chief Minister :

1. Appointment of the Minister*. The Chief Minister prepares a list of his Ministers and sends it to the Governor.
2. Distribution of Portfolios. The Chief Minister distributes the portfolios among the ministers.
3. Removal of Ministers. He can ask a minister to resign. If that minister refuses to resign, the Chief Minister can ask the Governor to remove him from the Cabinet.
4. Head of the Council of Ministers. The Chief Minister calls the meetings of the Council of Ministers and presides over the meetings.

Question 13.
Describe the position of the Chief Minister.
Answer:
Position of the Chief Minister, In fact, the Chief Minister is the most important and powerful authority in the State. There is no field of the State administration which is not under the control of the Chief Minister. A minister remains in office so long as he continues to enjoy the confidence of the Chief Minister. He is the pivot around which the whole administration of the state revolves.

Question 14.
Discuss the administrative powers of the High Court.
Answer:
Following are the administrative powers of the High Court:

• It exercises the power of superintendence and control over all the subordinate courts.
• It makes rules and regulations for the transaction of business of the subordinate courts.
• It frames rules for the promotion of the judges.

Question 15.
Write a note on the District Courts.
Answer:
For the convenience of judicial administration, a state is divided into districts. There are subordinate courts in every district which are under, the control of the District and Sessions Judge. The District and Sessions Judge is appointed by the State Governor in consultation with the High Court. A person to be eligible for appointment to the post of District and Sessions Judge should be an advocate of at least 7 years’ standing or should have served in the central or state government. The High Court exercises control over the district courts.

Question 16.
What are the unitary features of the Indian Constitution?
Answer:
The Indian Constitution has created a very strong Centre. There are three Lists : Central List, State List and Concurrent List, distributing the powers between the Centre and the States. The Central Government has a large number of powers. It has co-equal powers with the States to legislate on the Concurrent List and in the event of any difference between the Centre and the State, on any law, the central law prevails. The residuary powers are also with the Centre.

During the emergency the Centre gets powers to legislate even on State List. Yet another implication of the declaration of emergency in the country is that the federal structure turns into unitary one, thus making the Centre all powerful.

Question 17.
How have the powers of government been divided between the Union and the States?
Answer:
Powers of the government have clearly been divided between the onion and the states. There are three different lists of the Subjects:

1. The Union List. There are 97 subjects in the Union list. Only Union Government can make laws on these subjects. The main subjects, are Railways, Post and Telegraph, Coinage and Currency, Defence, and Foreign Affairs.
2. The State List. There are 66 subjects in this list. The state governments make laws on them. The main subjects are law and order, police, agriculture, irrigation, and public works.
3. The Concurrent List. There are 47 subjects on the concurrent list such as Family Planning, Marriage and Divorce, control over press, Education etc. In this list are those subjects on which both the Centre and the States can make laws. But if the two laws are contradictory, the law made by the Centre prevails.

Question 18.
Discuss the relationship between the Governor and the Council of Ministers.
Answer:
The Governor is the executive head of the State. He is the nominal head of the State. He is to act on the advice of the State Council of Ministers. The Governor cannot act according to his discretion while appointing the Chief Minister and other members of the Council of Ministers. Only the leader of the majority party in the State Legislative Assembly is appointed the Chief Minister by him. However, if no party gets clear majority, he is at liberty to appoint the Chief Minister. Other ministers are appointed by him on the advice of the Chief Minister. He distributes portfolios among the ministers on the advice of the Chief Minister. But under certain circumstances, he becomes the real head of the state. He acts as the agent of the centre in the state in times of Constitutional Emergency. He also enjoys certain discretionary powers.

Question 19.
What are the powers of the Governor?
Answer:
The Governor has many legislative, executive, financial and judicial powers.

• He organises the Council of Ministers on the advice of the Chief Minister,
• He appoints members of the State Public Service Commission,
• The bills passed by the State Legislature are sent to him for assent.
• Before the start of every financial year, he causes to be laid through the Finance Minister annual Budget before the Legislature,
• He advises the President about’ the appointment of the judges of the High Court,
• He can reserve certain bills for the consideration of the President. He can send report to the President with regard to the breakdown of constitutional machinery in the State.

Question 20.
Describe the powers of State Legislature.
Answer:
1. Legislative Powers. It can legislate on all subjects included in the state list and concurrent list as well. If its legislation on some subjects of the concurrent list is contrary to the parliamentary law then it becomes null and void to the extent it is contrary to that.

2. Financial Powers. It has complete control over the financial affairs of the state. The finance minister presents the state budget before the legislative assembly every year. To impose or reduce or abolish all taxes is within its executive powers.

3. Executive Powers. The. council of ministers headed by Chief Minister is the real executive and it is directly and collectively responsible to the legislative assembly.

4. Miscellaneous functions,

• Members of the legislative assembly participate in the election of the President and the Vice President of India.
• The legislative assembly elects its own Speaker and Deputy Speaker.
• It can create a contingency fund of the State which is controlled by the (Governor.
• It can suspend its own members if they disrupt the proceedings of the House.

Question 21.
Explain the original jurisdiction and powers regarding*the fundamental rights of the High Court.
Answer:
Some cases can directly be brought to a High Court. They are cases relating to fundamental rights, wills, divorce, marriages, contempt of court etc. Election disputes can also be heard by the High Court. The High Courts of Kolkata, Mumbai and Chennai can hear civil cases of a value exceeding Rs. 20,00Q or more.

In case regarding fundamental rights, the High Court can issue writs for the enforcement of fundamental rights.
The High Court can declare unconstitutional any law passed by the State Legislature or any executive order of a State Government which it finds violative of any of the provisions of the Constitution. Laws declared unconstitutional by a High Court cannot be enforced.

Question 22.
How is a money bill passed in a State Legislative Assembly?
Answer:
A money bill can be introduced in a State Legislative Assembly (Vidhan Sabha). After a bill is passed by it, the bill is sent to Legislative Council (Vidhan Parishad) which can delay it for 14 days only.