Article title: Indian Polity - Shorty Review
Category: Indian State Services Examination > Maharashtra Public Service Commission (MPSC) > Competitive Examination > MPSC Notes > Political Science
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Indian Polity - Shorty Review
We resume our review of Indian Polity by summarizing the provisions for states, followed by a brief discussion on the Judiciary.
The States
The Legislature
Art. 168 stipulates that every Sate's Legislature shall consist of the Governor & the Legislative Assembly, unless the Legislative Assembly of a State passes a resolution for the creation of a second House, known as the Legislative Council (Art.170). Parliament would then be required to pass to this effect, creating an Upper House for that State.
The Governor
The legislative powers of the Governor of a State Extend further than summoning-dissolving-proroguing (Arts. 174,175) & promulgating Ordinances (Art. 213). The Governor has much more discretion when giving assent to Bills than what the President does he can, at his sole discretion, reserve any Bill passed by the State Legislature (except a money bill) for the consideration of the President (Art. 200).
The Legislative Assembly
The Legislative Assembly in a State mirrors the Lok Sabha in most ways – members are chosen by direct elections to territorial constituencies by the same electorate as the Lok Sabha for five year terms. The members elect the Speaker amongst themselves, who has wide powers and responsibilities and performs several functions, similar to the Speaker of the Lok Sabha. The most controversial amongst these is ruling on the disqualification of members for defection (Art. 191(2)) as per the provisions of the Tenth Schedule (the analogus provisions for the Lok Sabha are provided by Art. 102(2).
Similar to MPs (Art.105), MLAs enjoy several privileges (Art. 194), e.g. they are not liable to any proceedings in a Court of law for any vote the give or anything they say in the Assembly, thus ensuring independence of the Members, including in criticizing the government, without fear of being hauled into Court for defamation.
The Judiciary
The function of the Judiciary in a modern state is resolve disputes amongst parties by interpreting and applying the law that has been written by the legislature. Thus it is the responsibility of the Judiciary to maintain the rule of law in the country and to ensure that the government runs according to law.
Safeguarding the supremacy of the constitution is another function that a Judiciary performs in a country with a written constitution. The Indian judiciary is understandably called upon to perform this role quite often, with the various tugs and pull in Indian society that demands a reformist agenda from governments and consequently opens up the possibility of infringement of fundamental rights in the process. Another responsibility borne by the judiciary in a Federation, is to adjudicate upon controversies between the constituent states as well as between the center and states.
Finally the Indian Judiciary is instrumental in upholding the fundamental rights of individuals. This additional functionality is exercised by the higher judiciary, Viz. the High Courts and Supreme Court.
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