What is Legislative Council - Power and Functions - Class 7 Notes



Legislative council (vidhan parishad)

 

The strength of the legislative council should not be more than one-third the size of the legislative councils are representatives of the local self-governing bodies, teachers, and university graduates. One-third of its members are elected by the state assembly. Some members are nominated by the governor.

 

Qualifications for membership: - The qualifications remain the same as the legislative council except that the age limit here is 30 years.

 

Term: - It is a permanent body and cannot be dissolved. One-third of its members retire every two years and are replaced by newly elected members. Every member has a term of six years.

 

Officers: - The legislative councils elect a chairman and a deputy chairman from among them to preside over the working of the council.

 

Powers and functions of the legislative council

 

As discussed earlier the legislative council cannot introduce the money bill. Even for the ordinary bill, it is the will of the legislative assembly that prevails. It may delay or suggest amendments to the ordinary bill. But finally, it is the legislative assembly that approves a bill. The council can, however, put questions to the ministers and initiate a discussion on various issues.

 

State executive

 

The governor is the head of the state. The administration of the state is carried on his name. but the actual responsibility is of the chief minister and his council of ministers who run the state administration in the name of the governor. Generally, a governor is appointed for one state but sometimes he can be the head of more than one state.

 

Qualifications: - To be a governor, a person must fulfill the following conditions.
� He should be a citizen of India.
� He must not be less than 35 years of age.
� He must not be a member of either of the two houses of Parliament or of the state legislature.
� He must not hold any government office.

 

Appointment: - The governor is appointed by the president for a term of five years. However, the president may remove him from office before the completion of the term.

 

Functions and powers of the governor

 

The governor has many important powers which he exercises on the advice of the chief minister and the council of ministers. His important powers include:

 

a) Executive powers: - The governor appoints the leader of the majority party as the chief minister of the state. Other ministers in the ministry are appointed by the governor on the advice of the chief minister. He also appoints other top-level officials like the advocate general and members of the State Public Service Commission.

b) Discretionary powers:- Normally, the governor works on the advice of the chief minister, but there can be situations where he has to exercise independent judgment. Such a situation calls for the use of discretionary powers of the governor. For example, when the state is under the presidential rule, the governor can act on his discretion.

c) Legislative powers: - The governor inaugurates and addresses the first session of the assembly after the general elections and also at the beginning of the year. Every bill passed by the legislature should have his approval. If the assembly is not in the session, and law is urgently required, he can issue an ordinance that becomes equivalent to law.

d) Financial powers: - No money bill or the annual budget can be introduced in the house without permission from the governor.

e) Judicial powers: - The governor can grant pardon or reduce the punishment of people convicted under the state laws.

 

Read More: What is Legislative Assembly (Vidhan sabha) - Class 7 Notes

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