Government at State Level

  Membership of the State Legislative Assemblies

The State Executive consists of Governor and Council of Ministers with Chief Minister as its head.

Governor

The Governor is the executive head of the State and all executive authority of the State is vested in him. A Governor must be

1. citizen of India;

2. completed the age of 35 years;

3. not be a member of either House of Parliament or the state legislature;

4. possess the qualifications prescribed for membership of the state legislature; and

5. not hold any office of profit. He is appointed by the President for a term of 5 years

State Council of Ministers

The Constitution provides for a Council of Ministers with Chief Minister as its head. The Governor appoints the Chief Minister and other Ministers. They should be members of legislature of the state. If a non-member is appointed as Minister, he has to become the member of the state legislature within six months. The Council of Ministers is collectively responsible to the Legislative Assembly of the State.

• Legislature — Every State has a legislature. Some States have one house while others have two. There are two houses in Uttar Pradesh, Bihar, Karnataka, Maharashtra, Jammu and Kashmir. Rest of the States have only one house. Where there is one house, it is known as the Legislative Assembly (Vidhan Sabha) and where there are two houses, the upper house is called Legislative Council (Vidhan Parishad) and lower house is called Legislative Assembly (Vidhan Sabha).
   

• Legislative Council (Vidhan Parishad) — It can not have more than 1/3rd of the total members of the Legislative Assembly and in no case less than 40. It is constituted in : 1/3rd of its members are elected by the local bodies.; 1/3rd by the legislative assembly of the State; 1/3rd are elected by the Municipalities, District Board and other Local Bodies of the State; 1/12th by the university graduates of at least three years standing; 1/12 by the teachers who have been in service for at least three years and 1/6th to be nominated by the Governor from among persons distinguished in literature, science and social service. The legislative council can not be dissolved, its 1/3rd members retire every second year.
   

• Lagislative Assembly (Vidhan Sabha) — Total membership of a Legislative Assembly varies in each state according to its population. It consists of not more that 500 and not less than 60 members. The normal term of the Assembly is five years. The Assembly may be dissolved before five years.