Andhra Pradesh - Government
The Governor is the Executive Head of the State within the meaning of Article 153 and 154 of the Constitution of India. Article 154 vests the executive powers of the State in the Governor who exercises it either directly or through officers subordinate to him in accordance with the Constitution. Under Article 163, the Governor as the Constitutional Head exercises all powers under the Constitution on the aid and advice of the Council of Ministers. It includes summoning and proroguing the Session of the State Legislature, Promulgation of Ordinances, giving assent to the Bills and appointing the Council of Ministers.
The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
According to the Indian Constitution, the elected head of the council of ministers in a state is the Chief Minister (CM). Although, the Governor is the official 'head of the state', yet it is the Chief Minister who is vested with the 'de facto' executive powers. Chief Minister is the real head of a state, unlike the Governor, who is the ceremonial head. Since India has adopted the Westminster Model of constitutional democracy, it is the CM who oversees the day-to-day functioning of the state government.
There is a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
The lower house is called the Andhra Pradesh Legislative Assembly. At present the Legislative Assembly of Andhra Pradesh consists of 175 Members. The Andhra Pradesh Legislative Assembly is a pioneer in implementing innovative initiatives using Information Technology. The concepts of Live telecasting, web casting of proceedings, and digitalization were initiated by the Andhra Pradesh Legislative Assembly. The Question Hour in the House of the Legislature has acquired great importance and significance. The proeceedings in the Question hour of the House are more attractive and lively. As such, the Visitor's galleries and Press galleries are packed to capacity. During the question hour more light is thrown on several aspects of administration when the members seek to obtain or elicit information on a matter of public interest, on the Floor of the House. It establishes the control and supervision of Legislature over Exceutive. Putting questions of Ministers to elicit information is an inherent right of a member resulting in the provision of Question hour. The first hour of a sitting is provided for this purpose.
As soon as may be after leave to introduce a Bill has been granted, the Bill with the Statement of Objects and Reasons is to be published in the Gazette. The Speaker may order publication of any Bill with the statement of Objects and Reasons in the Gazette. The House takes up consideration of a Bill as reported by the select Committee. Otherwise the House takes up consideration of the Bill as introduced. Afte discussion on the provisions of the Bill, the House adopts the motion for consideration of the Bill. When a Bill has been passed by the Legislature of the State, it is presented to the Governor. The Governor declares either that the assents to the Bill or that he withholds his assent therefrom or that he reserves the Bill for consideration of the President. The Bill becomes an Act when it receives assent of the Governor or President.
The Andhra Pradesh legislative council came into existence once again in April 2007, after a gap of 22 years. The council was abolished way back in 1985. The state legislative council was first constituted on July 7, 1958 under Article 168 of the Constitution. The council was abolished by the previous Telugu Desam government on May 31, 1985 since the then chief minister N T Rama Rao felt that it was redundant and caused a drain on the state exchequer. However, it is believed that the real reason was that NTR found it difficult to push through controversial legislations and policy decisions in the Upper House which was at that time dominated by the Congress.
The Upper House, known as the Andhra Pradesh Legislative Council, has lesser powers than the Assembly. Amendments to section 23(1) of the Andhra Pradesh Reorganisation Act, 2014, increased the number of seats in Andhra Pradesh Legislative Council from 50 to 58 according to the provisions of the Constitution. According to the Constitution, the strength of Legislative Council can be one third of the strength of Legislative Assembly. Initially its strength was 58 MLCs -- 20 each under local authorities, MLAs’ quota, five each from graduates and teachers constituencies and eight under Governor’s nomination quota. However the State Re-organisation Act distributed the 90 seats in the Council of combined State and allotted 50 seats to residuary A.P. and 40 to Telangana State under the above five categories. "There was an error in allocation of number of constituencies in the Andhra Pradesh Reorganisation Act. The number in the Act was 50, but actually it should have been 58.
The legislative council, which is akin to the Rajya Sabha, will have only have an advisory role and no veto power. It has to approve all the Bills that are passed by the assembly. The council can only return a particular bill to the assembly for reconsideration.
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