Central and State Government

Overview

The topic of Central and State Government forms the backbone of Indian polity questions in MAHA TET Paper II Social Studies. It covers the structure, composition and functions of the three organs of government—Legislature, Executive and Judiciary—at both Union and State levels. Understanding how Parliament and State Legislatures make laws, how the President, Prime Minister, Governor and Chief Minister exercise executive powers, and how the Supreme Court and High Courts deliver justice is essential.

This topic carries consistent weightage in TET examinations. Questions typically test factual knowledge about constitutional provisions, membership numbers, tenures, appointment procedures and the relationship between different organs. Students must know the differences between Lok Sabha and Rajya Sabha, understand the federal structure with its division of powers, and grasp how the judiciary acts as guardian of the Constitution.

Key Concepts

• **Separation of Powers**: The Constitution distributes governmental power among Legislature (law-making), Executive (law-implementation) and Judiciary (law-interpretation) to prevent concentration of authority.

• **Parliamentary System**: India follows a parliamentary democracy where the Executive is drawn from and accountable to the Legislature; the Prime Minister and Council of Ministers must enjoy majority support in Lok Sabha.

• **Bicameral Legislature**: Parliament has two Houses—Lok Sabha (lower, directly elected) and Rajya Sabha (upper, indirectly elected); similarly, some states have bicameral legislatures with Vidhan Sabha and Vidhan Parishad.

• **Federal Structure with Unitary Bias**: Power is divided between Centre and States through Union List, State List and Concurrent List, but the Centre has overriding powers in emergencies.

• **Collective Responsibility**: The Council of Ministers at Centre and State levels is collectively responsible to the lower house—if the government loses majority, it must resign.

• **Judicial Independence**: Judges are appointed through a collegium system and can be removed only through impeachment, ensuring the judiciary remains free from executive pressure.

• **Constitutional Head vs Real Executive**: President and Governor are nominal heads; real executive power rests with Prime Minister and Chief Minister respectively.

Key Facts

| Institution | Key Details | |-------------|-------------| | **Lok Sabha** | Maximum 552 members (530 States + 20 UTs + 2 Anglo-Indians, though nomination discontinued from 2020); term 5 years; presided by Speaker | | **Rajya Sabha** | Maximum 250 members (238 elected + 12 nominated); permanent body, 1/3 retire every 2 years; each member serves 6 years; presided by Vice-President | | **President** | Elected by electoral college (MPs + MLAs); term 5 years; can be re-elected; must be 35+ years, Indian citizen | | **Vice-President** | Elected by MPs of both Houses; term 5 years; ex-officio Chairman of Rajya Sabha | | **Prime Minister** | Appointed by President; leader of majority party/coalition in Lok Sabha; heads Council of Ministers | | **Governor** | Appointed by President; nominal head of State; term 5 years (holds office at pleasure of President) | | **Chief Minister** | Appointed by Governor; leader of majority party in Vidhan Sabha; heads State Council of Ministers | | **Supreme Court** | Chief Justice + 33 judges (current sanctioned strength 34); original, appellate and advisory jurisdiction | | **High Court** | One for each State (or group of States); Chief Justice + other judges; writ jurisdiction under Article 226 |

**Maharashtra Legislature**: Bicameral—Vidhan Sabha (288 members) and Vidhan Parishad (78 members).

Worked Examples

**Example 1**: A bill has been passed by both Houses of Parliament. What is the next step before it becomes law?

*Solution*: After both Houses pass a bill, it is sent to the President for assent. The President may give assent, withhold assent, or return it for reconsideration (except Money Bills). Once the President gives assent, the bill becomes an Act.

**Example 2**: The ruling party in a State loses majority in the Vidhan Sabha after defections. What constitutional consequence follows?

*Solution*: The Chief Minister and Council of Ministers are collectively responsible to the Vidhan Sabha. If they lose majority, they must either prove confidence through a floor test or resign. The Governor may invite the next largest party or coalition to form government, or recommend President's Rule under Article 356 if no stable government is possible.

**Example 3**: A citizen's fundamental right is violated by a State government order. Which courts can the citizen approach?

*Solution*: The citizen can file a writ petition either in the High Court (Article 226) or directly in the Supreme Court (Article 32). Article 32 is itself a fundamental right guaranteeing access to the Supreme Court for enforcement of fundamental rights.

Common Mistakes

• **Confusing Lok Sabha and Rajya Sabha membership**: Students wrongly state Rajya Sabha has 252 members → Correct maximum is 250 (238 elected + 12 nominated by President for expertise in literature, science, art, social service).

• **Thinking President has real executive power**: Students assume President takes policy decisions → The President acts on aid and advice of the Council of Ministers (Article 74); real power lies with the Prime Minister.

• **Mixing up appointment procedures**: Students confuse who appoints whom → President appoints PM, Governors, SC/HC judges; Governor appoints CM; PM recommends Council of Ministers; Collegium recommends judges.

• **Believing Governor is elected**: Students assume Governor is elected like President → Governor is appointed by the President and serves at the President's pleasure.

• **Confusing Money Bill procedure**: Students think Rajya Sabha can reject a Money Bill → Rajya Sabha can only suggest amendments within 14 days; Lok Sabha may accept or reject suggestions; Rajya Sabha cannot block a Money Bill.

• **Forgetting Maharashtra's bicameral legislature**: Students assume all States have only Vidhan Sabha → Maharashtra, Bihar, Karnataka, Uttar Pradesh, Telangana and Andhra Pradesh have both Vidhan Sabha and Vidhan Parishad.

Quick Reference

• Lok Sabha: 5-year term, 552 max members, Speaker presides, Money Bills originate here only.

• Rajya Sabha: Permanent house, 6-year member term, 1/3 retire every 2 years, Vice-President is ex-officio Chairman.

• President is nominal head; PM holds real executive power at Centre.

• Governor is appointed (not elected); CM holds real executive power in State.

• Supreme Court: Guardian of Constitution, hears appeals from High Courts, original jurisdiction in Centre-State disputes.

• Maharashtra has bicameral legislature: Vidhan Sabha (288) + Vidhan Parishad (78).