Que2.29. What are the powers and functions of the Chief Minister? Answer The powers and functions of Chief Minister can be classified under following heads A. In relation to the Council of Ministers The Chief Minister is the head of state council of ministers. He performs the following functions 1. He recommends to the governor on who to appoint as ministers. 2. He designates or reshuffles the portfolios of the ministers. 3. He can ask a minister to abdicate. 4. Meeting of the council of ministers is headed by him. 5. All conditioning of the ministers are guided and controlled by the Chief Minister. 6. still, the entire council of ministers collapses, If he resigns. B. In relation to the Governor In relation to the governor, the Chief Minister performs the following functions 1. All the conditioning, opinions that are taken up by the council of ministers are communicated to the governor by the chief minister. 2. To report to the governor, information about the executive affairs if and when asked by the governor. 3. still, the same has to be reported to the Governor by the Chief Minister when the same has not been considered by the council, If any minister has decided on any issue. 4. He gives his advice to the governor for the appointment of the following personsi. Advocate- General ii. Chairman of state public service commission iii. The state election commission, etc. C. In relation to the State Legislature Chief Minister is the leader of the house and holding this position, he performs the following functions 1. Before a governor prorogues and process the sessions of the state council, the Chief Minister’s advice is a must-have. 2. Legislative Assembly can be dissolved at any time on his recommendation to the governor. 3. All government programs are blazoned by him on the bottom of the house. D. Other than above mentioned functions, he also performs the following functions 1. He chairs the State Planning Board. 2. He’s avice-chairperson of the concerned zonal council by gyration, holding that office for a period of one time at a time. 3. He’s a member ofInter-State Council and National Development Council which are headed by the Prime Minister. Que2.30. Write a short note on State Legislature. Answer 1. Chapter III of Part VI of the Indian Constitution deals with the State Legislature. 2. Though a invariant pattern of Government is specified for the States, it isn’t so in the matter of the composition of the Legislature. 3. While the Legislature of every State shall correspond of the Governor and the State Legislature, in some of the States, the Legislature shall correspond of two Houses, videlicet, the Legislative Assembly and the Legislative Council, while in the rest, there shall be only one House, videlicet the legislative assembly. 4. The constitution provides for the invalidation of the alternate chamber in a state where it exists as well as for the creation of such a chamber in a state where there’s none at present. Legislative Assembly 1. The Legislative Assembly is the popularly tagged chamber and is the real Centre of power in a State. 2. The maximum strength of an assembly mustn’t exceed 500 or its minimal strength fall below 60. 3. But some of the countries have been allowed to have lower Legislative Assemblies,e.g. Sikkim, Arunachal Pradesh, Goa, etc. Legislative Council 1. The Legislative Council of a State Comprises not further than one- third of the total number of members in the Legislative Assembly of the State and in no case lower than 40 members. 2. The system of the composition of the Council as handed for in the Constitution isn’t final. 3. The final power is given to the Parliament of the Union. Que2.31. What are the powers and functions of State Legislature? Answer The functions of the state’s Legislative Council are only premonitory in nature. In practical terms, the Legislature of a State implies its Legislative Assembly which possesses the following major powers and functions 1. It can produce laws on any subject in the State List; it can also produce laws on the Concurrent List handed the law doesn’t contradict or discord any law formerly made by the Parliament. 2. The Assembly asserts control over the Council of Ministers. 3. The assembly controls the State’s finances. 4. The Assembly has constituent powers. 5. It elects its Speaker as well as Deputy Speaker. It can also remove them by a no- confidence vote. 6. It participates in the election of India’s President. 7. It also considers reports presented by agencies similar as the AuditorGeneral, State Public Service Commission, and others. Que2.32. What are the powers and functions of the High Court? Answer The functions of the High Court are describe belowA. Original governance 1. The High Courts of Calcutta, Bombay and Madras have original governance in felonious and civil cases arising within these metropolises. 2. An exclusive right enjoyed by these High Courts is that they’re entitled to hear civil cases which involve property worth overRs. 20000. 3. They’re empowered to issue writs in order to apply abecedarian rights. 4. All High Courts have original governance in cases that are related to will, divorce, disdain of court and admiralty. 5. Election desires can be heard by the High Courts.B. Appellate governance 1. In civil cases an appeal can be made to the High Court against a quarter court’s decision. 2. In felonious cases it extends to cases decided by Sessions and fresh Sessions Judges. 3. The governance of the High Court extends to all cases under the State or civil laws. 4. In indigenous cases if the High Court certifies that a case involves a substantial question of law. The powers of the High Court are describe below A. As a Court of Record 1. High Courts are also Courts of Record( like the Supreme Court). 2. The records of the judgments of the High Courts can be used by inferior courts for deciding cases. 3. All High Courts have the power to discipline all cases of disdain by any person or institution.B. Administrative Powers 1. It superintends and controls all the inferior courts. 2. It can ask for details of proceedings from inferior courts. 3. It issues rules regarding the working of the inferior courts. 4. It can transfer any case from one court to another and can also transfer the case to itself and decide the same. 5. It can enquire into the records or other connected documents of any inferior court. 6. It can appoint its administration staff and determine their hires and allowances, and conditions of service.C. Power of Judicial Review 1. High Courts have the power of judicial review. 2. They’ve the power to declare any law or constitution unconstitutional if it’s set up to be against the Indian Constitution.D. Power of instrument 1. A High Court alone can certify the cases fit for appeal before the Supreme Court. Que2.33. Write a short note on Subordinate Courts. Answer 1. In the judicial association of every state, the High Court is the apex body. 2. Below the High Court, there are other courts that constitute the inferior bar. 3. The vittles related to inferior courts are handed in the 6th part of the Indian Constitution. papers 233- 237 deal with the inferior courts. 4. These Subordinate Courts are of two types, videlicet, Civil and Felonious. 5. The controversies relating to property, race, power and other similar rights come under the governance of Civil Courts, which dispose of these cases in agreement with the Civil Procedure Code. 6. The Felonious cases related to murder, thievery, wildfire, cheating, assault and rape etc. These cases are disposed of by the Criminal Courts in agreement with the Criminal Procedure Code and Indian Penal Code. 7. Both the Civil and Felonious Courts are graded into three each. The gradation of these courts is related to the nature of the disagreement, the quantum of property in case of Civil Courts and the nature of crime in case of Criminal Courts.
