<<–2/”>a >h4 style=”text-align: center;”>Central Government
The executive powers of the President are exercised by the Council of Ministers. The Constitution provides that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the excercise of his functions”. Here the word “shall” indicates that the President cannot function without the Council of Ministers. The President is the constitutional head of State, but the real Head of the government is the Prime Minister.
The Constitution of India provides for a parliamentary System of Government and, therefore, divides the executive into two parts: the nominal and real executive. The President of India is the nominal executive and the Council of Ministers is the real executive which works under the Leadership of Prime Minister. ARTICLE 74, 75, and 78 of the constitution provide for provisions relating to the council of Ministers and the Prime Minister.
The Prime Minister shall be appointed by the President and other Ministers shall be appointed by the President upon the advice of the Prime Minister. The Ministers hold office during the pleasure of the President. The council of Ministers shall be collectively responsible to the Lok Sabha. A minister who for any period of six consecutive months is not a member of the Parliament shall at the expiration of that period cease to be a Minister.
The Prime Minister being the head of the Council of Ministers, selects the Ministers to be sworn in by the President. The Ministers in fact are chosen by the Prime Minister and remain Ministers as long as they enjoy the confidence of the Prime Minister. The Prime Minister distributes portfolios among Ministers. The President can change the portfolios as and when he desires. The Prime Minister can drop a Minister or ask for his/her resignation. The Prime Minister presides over the meetings of the Cabinet and conducts its proceedings. As head of the Cabinet, he/she largely influences the decisions of the Cabinet. The Prime Minister co-ordinates the working of various ministers.
The Prime Minister, as the leader of the Lok Sabha, is also the leader of the Parliament. In the capacity as the leader of the majority party it is he who decides, in consultation with the Speaker, the complete agenda of the house. The summoning and proroguing of the house is decided upon by him. He can address each house of the Parliament but can vote only in the house to which he belongs. The Prime Minister has the most effective power to ask for Dissolution of the Lok Sabha.
The Prime Minister is the Ex-officio Chairman of the Planning Commission (Now Niti Ayog) as well as of the National Development Council. He/She represents the nation at the international conferences as the head of the government.
Constitution of India states that “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.”
State Government
Constitution of Indian under article 163 states that There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.Chief Minister is the head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level. The Council of Ministers has the following categories of ministers: Cabinet Ministers, Minister of State and Deputy Ministers.
The Chief Minister is the link between the Governor and the council of ministers. He is required to communicate to the Governor the workings of the various wings of the government. Similarly, the advice and suggestions of the Governor are communicated to the council of ministers by the Chief Minister. The Chief Minister has a pivotal role in the financial matters of a state, including the budget, basic infrastructural and developmental priorities of the state, financial planning and economic Growth of the state and others.
Functions and powers of Council of Ministers:-
(1) Formulation State Policies. The Council of Ministers has the responsibility of formulating and determining the policies of the state. All the policies are discussed and decided upon by it.
(2) Running Administration. The ministers are responsible for the running the administration of the State in accordance with the policies of the government and the laws passed by the legislature.
(3) Appointment – making powers. The Cabinet, in fact the Chief Minister, makes all appointments in the state. All the appointments of the high dignitaries of the state made by the Governor on the advice of the State Council of Ministers.
(4) Law Making. It is the ministry which really decides the legislative programme. Most of the bills are introduced by the ministers in the State Legislature. The Governor summons, prorogues and dissolve the State Legislature upon the advice of the Council of Ministers.
Functions of The Chief Minister:-
- Chief Minister is the real head of the State Government. Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor allocates portfolios to the ministers on the advice of the Chief Minister.
- Chief Minister presides over the Cabinet meetings. He/she coordinates the functioning of different ministries. He/she guides the functioning of the Cabinet.
- Chief Minister plays a key role in framing the laws and policies of the State Government. Bills are introduced by the ministers in the State legislature with his/her approval. He/she is the chief spokesman of the policies of his government both inside and outside the State Legislature.
- The Constitution provides that the Chief Minister shall communicate to the Governor all decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.
- The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
- If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.
- The Chief Minister is the sole link of Communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.
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The Constitution of India divides the powers of the government between the Union and the States. The Union has exclusive power over certain matters, such as defence, foreign affairs, currency, and railways. The States have exclusive power over certain matters, such as police, Education, and public Health. The Union and the States have concurrent power over certain matters, such as criminal law, marriage, and divorce. The Union has the residual power to make laws on any matter not enumerated in the Union list, the State list, or the Concurrent list.
The Union list contains 97 items, which are matters on which the Union has exclusive power to make laws. The State list contains 66 items, which are matters on which the States have exclusive power to make laws. The Concurrent list contains 47 items, which are matters on which the Union and the States have concurrent power to make laws.
The Union list includes matters such as defence, foreign affairs, currency, railways, posts and telegraphs, airways, shipping and navigation, inter-State Trade and Commerce, Taxation, insolvency and bankruptcy, copyright and patents, weights and measures, census, Union territories, and Elections.
The State list includes matters such as police, public order, prisons, Local Government, public health, education, agriculture, forests, Fisheries-2/”>Fisheries, Irrigation, water supply, public works, roads, bridges, ferries, canals, and other means of communication, electricity, gas, and water, industries, mines and Minerals, Development Of Industries, trade and commerce within the State, and social welfare.
The Concurrent list includes matters such as criminal law, marriage, divorce, adoption, SUCCESSION, transfer of property other than agricultural land, contracts, torts, evidence, limitation, Banking, insurance, electricity, Trade Unions, industrial disputes, social security, Labour Welfare, education, forests, protection of wild animals and birds, weights and measures, census, vital statistics, public health, hospitals, dispensaries, and preventive medicine, lunacy, Charities, endowments, and religious and charitable institutions, burials and cremations, and other matters which may be specified in the Concurrent list by Parliament by law.
The Union Government is responsible for the following:
- Defence of India
- Foreign affairs
- Currency
- Railways
- Posts and telegraphs
- Airways
- Shipping and navigation
- Inter-State Trade and Commerce
- Taxation
- Insolvency and bankruptcy
- Copyright and patents
- Weights and measures
- Census
- Union territories
- Concurrent list matters
The State government is responsible for the following:
- Police
- Public order
- Prisons
- Local government
- Public health
- Education
- Agriculture
- Forests
- Fisheries
- Irrigation
- Water supply
- Public works
- Roads
- Bridges
- Ferries
- Canals
- Other means of communication
- Electricity
- Gas
- Water
- Industries
- Mines and minerals
- Development of industries
- Trade and commerce within the State
- Social welfare
The Union and the State governments share responsibility for the following:
- Criminal law
- Marriage
- Divorce
- Adoption
- Succession
- Transfer of property other than agricultural land
- Contracts
- Torts
- Evidence
- Limitation
- Banking
- Insurance
- Electricity
- Trade unions
- Industrial disputes
- Social security
- Labour welfare
- Education
- Forests
- Protection of wild animals and birds
- Weights and measures
- Census
- Vital statistics
- Public health
- Hospitals
- Dispensaries
- Preventive medicine
- Lunacy
- Charities
- Endowments
- Religious and charitable institutions
- Burials and cremations
- Other matters which may be specified in the Concurrent list by Parliament by law.
The Union government has the power to make laws on any matter not enumerated in the Union list, the State list, or the Concurrent list. This is known as the residual power. The Union government can also make laws on matters that are enumerated in the State list or the Concurrent list if it is necessary to do so for the purpose of implementing a Union law.
The Union and the State governments are both responsible for the welfare of the people. The Union government provides for the defence of the country, conducts foreign affairs, and maintains law and order. The State government provides for the Maintenance of Law and Order within its territory, and for the welfare of its people.
The Union and the States are the two levels of government in India. The Union government is responsible for matters that are of national importance, such as defense, foreign affairs, and currency. The States are responsible for matters that are of local importance, such as education, health, and law and order.
Here are some frequently asked questions about the Functions and responsibilities of the Union and the States:
- What are the functions of the Union government?
The Union government is responsible for the following matters:
- Defense
- Foreign affairs
- Currency
- Railways
- Posts and telegraphs
- Income tax
- Customs duties
- Central excise duties
Inter-State trade and commerce
What are the functions of the State governments?
The State governments are responsible for the following matters:
- Education
- Health
- Law and order
- Local government
- Agriculture
- Irrigation
- Industries
Public works
What is the difference between the Union government and the State governments?
The Union government is responsible for matters that are of national importance, while the State governments are responsible for matters that are of local importance. The Union government has a larger budget than the State governments. The Union government has a larger army than the State governments. The Union government has a larger police force than the State governments.
- What is the relationship between the Union government and the State governments?
The Union government and the State governments are both responsible for the welfare of the people of India. The Union government and the State governments are both responsible for the development of India. The Union government and the State governments are both responsible for the security of India.
- What are the challenges faced by the Union government and the State governments?
The Union government and the State governments are both facing the challenge of POVERTY. The Union government and the State governments are both facing the challenge of Unemployment. The Union government and the State governments are both facing the challenge of Corruption. The Union government and the State governments are both facing the challenge of terrorism.
The President of India is elected by:
(a) The members of the Lok Sabha and the Rajya Sabha.
(b) The members of the Legislative Assemblies of the States and the Union Territories.
(c) The members of the Electoral College consisting of the elected members of both the Houses of Parliament and the Legislative Assemblies of the States and the Union Territories.
(d) The members of the Electoral College consisting of the elected members of both the Houses of Parliament and the Legislative Assemblies of the States.The Vice-President of India is elected by:
(a) The members of the Lok Sabha and the Rajya Sabha.
(b) The members of the Legislative Assemblies of the States and the Union Territories.
(c) The members of the Electoral College consisting of the elected members of both the Houses of Parliament and the Legislative Assemblies of the States and the Union Territories.
(d) The members of the Electoral College consisting of the elected members of both the Houses of Parliament and the Legislative Assemblies of the States.The Prime Minister of India is appointed by:
(a) The President of India.
(b) The Vice-President of India.
(c) The Speaker of the Lok Sabha.
(d) The Justice-of-india/”>Chief Justice of India.The Council of Ministers is collectively responsible to:
(a) The President of India.
(b) The Lok Sabha.
(c) The Rajya Sabha.
(d) The Supreme Court.The Supreme Court of India consists of:
(a) The Chief Justice of India and not more than 30 other judges.
(b) The Chief Justice of India and not more than 25 other judges.
(c) The Chief Justice of India and not more than 20 other judges.
(d) The Chief Justice of India and not more than 15 other judges.The High Court of a State consists of:
(a) The Chief Justice of the State and not more than 25 other judges.
(b) The Chief Justice of the State and not more than 20 other judges.
(c) The Chief Justice of the State and not more than 15 other judges.
(d) The Chief Justice of the State and not more than 10 other judges.The Comptroller and Auditor-General of India is appointed by:
(a) The President of India on the advice of the Prime Minister.
(b) The President of India on the advice of the Council of Ministers.
(c) The President of India on the advice of the Parliament.
(d) The President of India on the advice of the Supreme Court.The Attorney-General of India is appointed by:
(a) The President of India on the advice of the Prime Minister.
(b) The President of India on the advice of the Council of Ministers.
(c) The President of India on the advice of the Parliament.
(d) The President of India on the advice of the Supreme Court.The Finance Commission is appointed by:
(a) The President of India on the advice of the Prime Minister.
(b) The President of India on the advice of the Council of Ministers.
(c) The President of India on the advice of the Parliament.
(d) The President of India on the advice of the Supreme Court.The Election Commission of India consists of:
(a) The Chief Election Commissioner and not more than two other Election Commissioners.
(b) The Chief Election Commissioner and not more than three other Election Commissioners.
(c) The Chief Election Commissioner and not more than four other Election Commissioners.
(d) The Chief Election Commissioner and not more than five other Election Commissioners.