Administrative Set-Up in Bihar

The three organs or pillars of the state administration in Bihar is taken care by Bihar Legislature, Executive and Judiciary.

Bihar Legislature (Bihar GK in English)

The State of Bihar follows a bicameral system of government i.e. it has two houses, Bihar Legislative Council (Vidhan Parishad) and Bihar Legislative Assembly (Vidhan Sabha). The administration of both the houses is done on the basis of Article 152-237 of the Constitution of India. The primary role of legislature is to make bills, which becomes law only when they get the approval of either the Governor or the President of India.

The Constitution of India in Schedule 7 provides 61 items in the State List. The State Legislature is entitled to make laws in regard to these items. It also passes annual budget and financial bill. Article 168 to 212 of the Constitution of India lays down provisions for legislatures, their formation,members, election, business, dissolution and powers, etc.

Legislative Council

The Vidhan Parishad is also known as Legislative Council. Article 169 of the Constitution provides for establishment of Legislative Council. Election of the Legislative Council is indirect. The members are elected by means of single transferable vote through proportional representation.

Out of total members, five-sixth are elected and one-sixth members are nominated by the Governor.One-third of its members retire every second year. Legislative Council is a permanent house and not subject to dissolution.

It is the upper house of the bicameral legislature. The presiding officers of Vidhan Parishad are known as Chairman and Deputy Chairman. Bihar Legislative Council (Bihar Vidhan Parishad) was formed in 1911 when a new province of Bihar was created by separating it from Bengal on 25th August, 1911. The Council began its sitting from 20th January, 1913.

The first session began from 20th Jan, 1920 and had 43 members. It was converted into upper house in 1936 when Bihar received statehood and separated from Odisha under the Government of India Act 1919. A bicameral legislature was formed in Bihar from that time.

It consisted of 29 members as rest became the members of Legislative Assembly.

During the first general elections in 1952, its members increased to 72 and then to 96 by 1958. After the creation of Jharkhand state in 2000, its members are now 75.

Bihar council has 27 committees and 3 financial committees.

Composition of Bihar Legislative Council

Of the total number of members of a legislative council:

1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,

2. 1/12 are elected by graduates of three years standing and residing within the state,

3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,

4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and

5. the remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of members of a legislative council are indirectly elect-ed and 1/6 are nominated by the governor. The members are elected in accordance with the system of proportional representation by means of a single transferable vote..

Qualification of Members of Bihar Legislative Council

Article 173 mentions the qualifications, required to become a member of Legislative Council. The qualifications are

➤ should not less than 30 years of age

➤ should be a citizen of India.

➤ should not be a member of the Legislature of Union or of any other state.

➤ must not hold any other office of profit

➤ should not be a proclaimed criminal.

Legislative Assembly

The Vidhan Sabha is also known as Legislative Assembly. The Legislative Assembly is directly elected on the basis of adult suffrage elected i.e. general elections. There is a provision of nomination of one member of the Anglo-Indian community in the assembly by Governor according to Article 333 of the Constitution.

The duration of the Legislative Assembly is 5 years.However, it can be dissolved sooner than 5 years by the Governor. Legislative Assembly is not a permanent house and is also known as Lower House in those states that have bicameral legislature. All members of the Legislative Assembly carry out their work from State Secretariat.

The Bihar Legislative Assembly first came into existence in 1937 after Bihar attaining statehood in 1936 and its separation from Odisha. The strength of the Assembly at that time was 152. In the first general elections held in 1952 in Bihar its strength increased to 331 and was reduced to 318 in 1956.

In 1977, the members again increased to 324. After the formation of Jharkhand, there are total 243 members of the Bihar Legislative Assembly. 242 members are directly elected through state elections and one member is nominated by the Governor who should belong to Anglo – Indian community. 38 seats are reserved for Scheduled sastes and 2 seats for Scheduled Tribes.

The Chairman is also called the Speaker and Deputy Chairman is known as Deputy Speaker. At present the Bihar Legislative Assembly is located at the state capital, Patna. It has three sessions i.e. Budget,Monsoon andWinter session.

Functions and Powers of Bihar Legislative Assembly

The functions and the powers of Legislative Assembly :

➤ To make laws related to the working of the executives.

➤ To prepare interim budget for the state.

➤ Money bill can be introduced in Legislative Assembly only.

➤ Laws related to State List and Concurrent List are framed by Legislative Assembly.

Qualification of Members of Bihar Legislative Assembly

According to Article 173, qualification for membership of State Legislative Assembly are

➤ should be a citizen of India.

➤ should not be less than 25 years of age.

➤ should possess other qualifications prescribed in that behalf by or under any law made by Parliament.

Speaker of Legislative Assembly

According to Article 178 of the Constitution of India one Speaker and one Deputy Speaker is appointed for each Legislative Assembly by the elected members of the Assembly. The role of the Speaker is to chair the lower house of the state and in his / her absence,Deputy Speaker oversees the proceedings of the lower house. The Speaker can be removed from their position by passing a non-confidence motion. Ram Dayalu Singh was the first Speaker or Chairman of Bihar Legislative Assembly.His tenure was from 23rd July, 1937 to 11th November, 1944.

Protem Speaker A Protem Speaker is a presiding officer in the State Legislative Assembly who carries out the functions of the speaker till the time, a Speaker or Deputy Speaker are not elected.

Patna Secretariat

The Secretariat is the main office from where the government carries out administrative duties. It is responsible for the proper administration in the state. The Secretariat in Bihar is located in its capital Patna.

The Patna Secretariat was constituted in the year 1912 from where all administrative work of the state was carried. Initially, the Patna Secretariat had just eight departments which increased to 34 in 1955. The Patna Secretariat building was designed by Joseph Munnings and Martin Burn in 1913.

It is in Indo-Saracenic style, has Raj Bhawan and Patna High Court in itsWestern and Eastern sides. The new Secretariat is located at Bihar Vikas Bhavan, Patna. All important departments of Bihar State Government are run from the Secretariat such as home, finance, general administration, cabinet secretariat etc.

Bihar Executive (Bihar GK in English)

As per Article 153 to 167 of Indian Constitution, the Governor, ChiefMinister and Council ofMinisters together form the Executive. The Executive run the daily administration of the state and also executes the law. Like other states in India, the head of State of Bihar is the Governor, appointed by the President of India on the advice of the Central Government.His or her post is largely ceremonial. The Chief Minister is the head of government and is vested with most of the executive powers.

Governor

The Governor of Bihar is a nominal head and representative of the President of India in the State. Article 153 to 161 of the Constitution lays down appointment, tenure, election and powers of Governor of a state. The Governor is appointed by the President for a term of 5 years but remains in office at the pleasure of the President.He works as a liaison between Centre and the State. There is a provision under Article 158 of the Constitution that if a member of a Legislature is appointed as Governor, he ceases to be member immediately upon such appointment. The first Governor of Bihar after independence of India was Jairamdas Daulatram.

Qualifications

The Constitution lays down only two qualifications for the appointment of a person as a governor. These are:

1. He should be a citizen of India.

2. He should have completed the age of 35 years.

Additionally, two conventions have also developed in this regard over the years. First, he should be an outsider, that is, he should not belong to the state where he is appointed, so that he is free from the local politics. Second, while appointing the governor, the president is required to consult the chief minister of the state concerned. However, both the conventions have been violated in some of the cases.

The Constitution lays down the following conditions for the the governor’s office:

1. He should not be a member of either House of Parliament or a House of the state legislature. If any such person is appointed as governor, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the governor.

2. He should not hold any other office of profit.

3. He is entitled without payment of rent to the use of his official residence (the Raj Bhavan).

4. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament and cannot be diminished during his term of office.

The normal term of a Governor’s office is five years, however he may be terminated earlier by:

➤ dismissed by the President under Article 156(1)

➤ resignation under Article 156(2).

Term of Governor’s Office

A governor holds office for a term of five years from the date on which he enters upon his office. However, this term of five years is subject to the pleasure of the President. Further, he can resign at any time by addressing a resignation letter to the President.

The Supreme Court held that the pleasure of the President is not justifiable. The governor has no security of tenure and no fixed term of office. He may be removed by the President at any time.

The President may transfer a Governor appointed to one state to another state for the rest of the term. Further, a Governor whose term has expired may be reappointed in the same state or any other state.

A governor can hold office beyond his term of five years until his successor assumes charge to avoid interregnum.

Powers and Functions of Governor

A governor possesses executive, legislative, financial and judicial powers more or less analogous to the President of India. However, he has no diplomatic, military or emergency powers like the president.

The powers and functions of the governor can be studied under the following heads:

1. Executive powers.

2. Legislative powers.

3. Financial powers.

4. Judicial powers.

Executive Powers

The executive powers and functions of the Governor are:

1. All executive actions of the government of a state are formally taken in his name.

2. He can make rules for more convenient transaction of the business of a state government and for the allocation among the ministers of the said business.

3. He appoints the chief minister and other ministers. They also hold office during his pleasure.

4. He appoints the advocate general, the state election commissioner. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.

5. He appoints the chairman and members of the state public service commission. However, they can be removed only by the president and not by a governor.

6. He can recommend the imposition of constitutional emergency in a state to the president. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.

7. He acts as the chancellor of universities in the state. He also appoints the vice-chancellors of universities in the state.

Legislative Powers

A governor is an integral part of the state legislature. In that capacity, he has the following legislative powers and functions: (analougous & almost similar to President)

1. He can summon or prorogue the state legislature and dissolve the state legislative assembly.

2. He can address the state legislature at the commencement of the first session after each general election and the first session of each year.

3. He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant.

4. He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.

5. He can nominate one member to the state legislature assembly from the Anglo-Indian Community.

6. He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

7. When a bill is sent to the governor after it is passed by state legislature, he can:

(a) Give his assent to the bill, or

(b) Withhold his assent to the bill, or

(c) Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the bill, or

(d) Reserve the bill for the consideration of the president. In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court. In addition, the governor can also reserve the bill if it is of the following nature:

(i) Ultra-vires, that is, against the provisions of the Constitution.

(ii) Opposed to the Directive Principles of State Policy.

(iii) Against the larger interest of the country.

(iv) Of grave national importance.

(v) Dealing with compulsory acquisition of property under Article 31A of the Constitution.

8. He can promulgate ordinances when the state legislature is not in session. These ordinances must be approved by the state legislature within six weeks from its reassembly. He can also withdraw an ordinance anytime. This is the most important legislative power of the governor.

9. He lays the reports of the State Finance Commission, the State Public Service Commission and the Comptroller and Auditor-General relating to the accounts of the state, before the state legislature.

Financial Powers

The financial powers and functions of the governor are (analougous & almost similar to President)

1. He sees that the Annual Financial Statement (state budget) is laid before the state legislature.

2. Money bills can be introduced in the state legislature only with his prior recommendation.

3. No demand for a grant can be made except on his recommendation.

4. He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure.

5. He constitutes a finance commission after every five years to review the financial position of the panchayats and the municipalities.

Judicial Powers

The judicial powers and functions of the governor are:

1. He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

2. He is consulted by the president while appointing the judges of the concerned state high court.

3. He makes appointments, postings and promotions of the district judges in consultation with the state high court.

4. He also appoints persons to the judicial service of the state (other than district judges) in consultation with the state high court and the State Public Service Commission.

Governors of Bihar

Name	From	To
Before Independence
Sir James Sifton	1st April, 1936	11th March, 1937
Sir Maurice Garnier Hallett	11th March, 1937	5th August, 1939
Sir Thomas Alexander Stewart	5th August, 1939	9th January, 1943
Sir Thomas George Rutherford	9th January, 1943	March, 1943
Sir Francis Mudie (acting)	March, 1943	1944
Sir Thomas George Rutherford	1944	13th May, 1946
Sir Hugh Dow	13th May, 1946	15th August, 1947
After Independence
Jairamdas Daulatram	15th August, 1947	11th January, 1948
Madhav Shrihari Aney	12th January, 1948	14th June, 1952
RR Diwakar	15th June, 1952	5th July, 1957
Zakir Hussain	6th July, 1957	11th May, 1962
MAS Ayyangar	12th May, 1962	6th December, 1967
Nityanand Kanungo	7th December, 1967	20th January, 1971
Ujjwal Narayan Sinha (acting)	21st January, 1971	31st January, 1971
Dev Kant Baruah	1st February, 1971	4th February, 1973
Ramchandra Dhondiba Bhandare	4th February, 1973	15th June, 1976
Jagannath Kaushal	16th June, 1976	31st January, 1979
Justice KBN Singh (acting)	31st January, 1979	19th September, 1979
Akhlaqur Rahman Kidwai	20th September, 1979	15th March, 1985
P Venkatasubbaiah	15th March, 1985	25th February, 1988
Govind Narain Singh	26th February, 1988	23th January, 1989
Deepak Kumar Sen (acting)	24th January, 1989	28th January, 1989
RD Pradhan (acting)	29th January, 1989	2nd March, 1989
Jagannath Pahadia	3rd March, 1989	2nd February, 1990
GG Sohoni (acting)	2nd February, 1990	16th February, 1990
Mohammad Saleem	16th February, 1990	13th February, 1991
B Satyanarayan Reddy	14th February, 1991	19th March, 1991
Mohammad Shafi Qureshi	19th March, 1991	15th July, 1993
AR Kidwai	14th August, 1993	26th April, 1998
SS Bhandari	15th July, 1998	21st April, 1999
Brijmohan Lal (acting)	13th March, 1999	6th October, 1999
Surajbhaan	6th October, 1999	22nd November, 1999
VC Pande	23rd November, 1999	12th June, 2003
MR Jois	12th June, 2003	31st October, 2004
Ved Marwah	1st November, 2004	4th November, 2004
Buta Singh	5th November, 2004	29th January, 2006
Gopalkrishna Gandhi (acting)	30th January, 2006	21st June, 2006
RS Gavai	22nd June, 2006	10th July, 2008
Name	From	To
RL Bhatia	10th July, 2008	28th June, 2009
Devanand Konwar	29th June, 2009	21st March, 2013
DY Patil	22nd March, 2013	26th November, 2014
Keshari NathTripathi (acting)	27th November, 2014	15th August, 2015
Ram Nath Kovind	16th August, 2015	20th June, 2017
Keshari NathTripathi (acting)	20th June, 2017	29th September, 2017
Satya Pal Malik	30th September, 2017	23rd August, 2018
Lalji Tandon	23rd August, 2018	28th July, 2019
Fagu Chauhan	29th July, 2019	Incumbent

* As on 31st August, 2019

President’s Rule in Bihar

The President’s rule is imposed during the time of emergency, when the state Legislature dissolves before time or there is loss of majority in the State Legislative Assembly and when a coalition government breaks down. It is imposed by the Governor of the state after consulting it with the President. The President’s rule in Bihar was imposed for 8 times.

President’s Rule in Bihar

Date of Imposition	Date of Revocation	Duration
29th June, 1968	26th February, 1969	242 Days
4th July, 1969	16th February, 1970	227 Days
9th January, 1972	19th March, 1972	70 Days
30th April, 1977	24th June, 1977	55 Days
17th February, 1980	8th June, 1980	112 Days
28th March, 1995	5th April, 1995	8 Days
12th February, 1999	9th March, 1999	25 Days
7th March, 2005	24th November, 2005	262 Days

* As on 31st August, 2019

Chief Minister

Article 164 only says that the Chief Minister shall be appointed by the governor. In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister. But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister. In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.

The Chief Minister of Bihar is the chief executive of the Indian state of Bihar. The Governor appoints the ChiefMinister,whose Council ofMinisters is collectively responsible to the assembly. The Chief Minister’s term is for 5 years and is subject to no term limits.He is given oath by the Governor. The first Chief Minister of Bihar was Krishna Singh.

Powers and Functions of Chief Minister

The powers and functions of the Chief Minister can be studied under the following heads:

In Relation to Council of Ministers

The Chief Minister enjoys the following powers as head of the state council of ministers:

(a) The governor appoints only those persons as ministers who are recommended by the Chief Minister.

(b) He allocates and reshuffles the portfolios among ministers.

(c) He can ask a minister to resign or advise the governor to dismiss him in case of difference of opinion.

(d) He presides, guides, directs, controls and coordinates the activities of all the ministers.

(e) He can bring about the collapse of the council of ministers by resigning from office.

In Relation to State Legislature

The Chief Minister enjoys the following powers as the leader of the house:

(a) He advises the governor with regard to the summoning and proroguing of the sessions of the state legislature.

(b) He can recommend the dissolution of the legislative assembly to the governor at any time.

Other Powers and Functions

In addition, the Chief Minister also performs the following functions:

(a) He is the chairman of the State Planning Board.

(b) He acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time.

(c) He is a member of the Inter-State Council and the National Development Council, both headed by the prime minister.

Chief Ministers in Bihar

Name	Took office	Left office
Sri Krishna Singh	2nd April, 1946	31st January, 1961
Deep Narayan Singh	1st February, 1961	18th February, 1961
Binodanand Jha	18th February, 1961	2nd October, 1963
KB Sahay	2nd October, 1963	5th March, 1967
Mahamaya Prasad Sinha	5th March, 1967	28th January, 1968
Satish Prasad Singh	28th January, 1968	1st February, 1968
B P Mandal	1st February, 1968	2nd March, 1968
Bhola Paswan Shastri	22nd March, 1968	29th June, 1968
Vacant (President’s rule)	29th June, 1968	26th February, 1969
Harihar Singh	26th February, 1969	22nd June, 1969
Bhola Paswan Shastri	22nd June, 1969	4th July, 1969
Vacant (President’s Rule)	9th January, 1972	19th March, 1972
Daroga Prasad Rai	16th February, 1970	22nd December, 1970
Karpoori Thakur	22nd December, 1970	2nd June, 1971
Name	Took office	Left office
Bhola Paswan Shastri	2nd June, 1971	9th January, 1972
Vacant (President’s rule)	9th January, 1972	19th March, 1972
Kedar Pandey	19th March, 1972	2nd July, 1973
Abdul Gafoor	2nd July, 1973	11th April, 1975
Jagannath Mishra	11th April, 1975	30th April, 1977
Vacant (President’s rule)	30th April, 1977	24th June, 1977
Karpoori Thakur	24th June, 1977	21st April, 1979
Ram Sundar Das	21st April, 1979	17th February, 1980
Vacant (President’s rule)	17th February, 1980	8th June, 1980
Jagannath Mishra	8th June, 1980	14th August, 1983
Chandrashekhar Singh	14th August, 1983	12th March, 1985
Bindeshwari Dubey	12th March, 1985	13th February, 1988
Bhagwat Jha Azad	14th February, 1988	10th March, 1989
Satyendra Narayan Sinha	11th March, 1989	6th December, 1989
Jagannath Mishra	6th December, 1989	10th March, 1990
Lalu Prasad Yadav	10th March, 1990	31st March, 1995
Vacant (President’s rule)	31st March, 1995	4th April, 1995
Lalu Prasad Yadav	4th April, 1995	25th July, 1997
Rabri Devi	25th July, 1997	12th February, 1999
Vacant (President’s rule)	12th February, 1999	9th March, 1999
Rabri Devi	9th March, 1999	9th March, 2000
Nitish Kumar	3rd March, 2000	11th March, 2000
Rabri Devi	11th March, 2000	6th March, 2005
Vacant (President’s rule)	7th March, 2005	24th November, 2005
Nitish Kumar	24th November, 2005	20th May, 2014
Jitan Ram Manjhi	20th May, 2014	22nd February, 2015
Nitish Kumar	22nd February, 2015	19th November, 2015
Nitish Kumar	20th November, 2015	Incumbent

*As on 31st August, 2019

Bihar Cabinet

First Cabinet of Bihar was formed in 1946 consisting of two members, Dr Shri Krishna Singh as first Chief Minister of Bihar and Dr Anugrah Narayan Sinha as Bihar’s first Deputy Chief Minister cum Finance Minister (also incharge of Labour,Health, Agriculture and Irrigation).Other ministers were inducted later.

The Cabinet served as the first Bihar Government after independence in 1947.

Council of Ministers

Article 163 provides that there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions. Article 164 provides that Council of Ministers shall hold office during the pleasure of the Governor. Council of Ministers shall be collectively responsible to the Legislative Assembly of the state.

Before a Minister enters upon his office, the Governor shall administer to him the oaths of the office and of secrecy according to the forms set out for the purpose in the Third Schedule. A Minister who for a period of six consecutive months is not a member of the Legislature of the state, shall at the expiration of that period cease to be aMinister.The salary and allowances ofMinisters shall be determined by the State Legislature, specified in Second Schedule. 91st Constitutional Amendment 2003 of Article 164 provides that the total members of the Council ofMinisters should not be more than 15% of the members of State Legislature and not less than 12.

Important Commissions in Bihar

Bihar State Election Commission

The Bihar State Election Commission is a statuary body entrusted with the duty and responsibility of holding elections in Panchayat elections. The commission is formed as per Article 243 (T). The head of this commission is Chief Election Officer who is appointed by Governor of Bihar. The office of the Election Commission functions under the overall supervision of Election Commission of India. The commission prepares voter list and undertakes all activities related to conducting, controlling and direction of all elections at the grass root level. The office of the Election Commission of Bihar is situated in Patna.

Bihar Public Service Commission

The Bihar Public Service Commission (BPSC) is a body created by the Constitution of India (Article 318). It consists of a Chairman and other members who are appointed by the state Governor. BPSC came into existence on 1st April, 1949 under the Government of India Act 1935. Its headquarters was in Ranchi, but now it is shifted to Patna. The tenure of the Chairman and members of BPSC is six years or until the attainment of the age of 62 years, whichever is earlier. BPSC initially began its functioning for the state with its headquarters at Ranchi. The State Government decided to shift the headquarters of BPSC from Ranchi to Patna and it was finally shifted to Patna on 1st March, 1951. The first Chairman of BPSC was Rajandhari Sinha.

Bihar Human Rights Commission

The Protection of Human Rights Act 1993, provides for establishment of State Human Rights Commissions. The Human Rights Commission was established in Bihar on 3rd January, 2000 and was formally constituted on 26th June, 2008.

A Chairperson and two other members are appointed by the Governor. The first Chairperson of Bihar Human Rights Commission was Shri Justice SN Jha. The Commission may intervene any proceeding involving any allegation or violation of human rights pending before a court. It can also enquire on its own initiative or on a petition presented to it into complaint of violation of human rights or negligence in the prevention of such violations by a public servant. It also encourages the work of non-governmental organisations for the promotion of human rights.

The Bihar State Commission for Women

The Bihar State Commission forWomen has been constituted as an independent government department for the protection of women’s rights and their welfare under ‘The Bihar State Commission forWomen Act 1999’. The commission also launches various plans, programmes and projects for promoting the interests of women. The members of the commission are elected for a period of three years. The Chairperson and other members are women and are appointed by the Governor. The commission is headquartered in Patna.