• Constitutional Setup

Constitutional Setup

Under the Constitution of India, Uttar Pradesh has a Governor and a bicameral Legislature. The Lower House is called Vidhan Sabha having 404 members, out of which 403 are elected and 1 nominated and the Upper House, Vidhan Parishad having 100 members. The State also has a High Court at Prayagraj with its bench at Lucknow. The executive power of the State is vested in the Governor as it is exercised by him either directly or through officer’s subordinate to him according to the constitutional provisions.

Council of Ministers

All the executive business of the State are carried on in the name of the Governor. The Chief Minister has to inform the Governor about all the decisions taken by the Council of Ministers in regard to administration as also require the Council of Ministers to reconsider any matter on which a unilateral decision has been taken by a minister. The Governor has been made a component part of the Legislature under Article 168 of the Constitution and has been assigned certain functions.

Powers of the Governor

Before taking over charge of office, the Governor is administered an oath by the Chief Justice of the High Court affirming to protect and defend the Constitution and to devote himself to the service and well-being of the people. Under the executive power of the State, the Governor is empowered to grant pardon, reprieve or remission, or to suspend or commute the punishment of any person convicted of any crime against Law.

Vidhan Sabha

The Uttar Pradesh Vidhan Sabha has a total of 403 members. Till 1967, it had a strength of 431 members including one nominated Anglo-Indian member. The Term of the Vidhan Sabha is five years unless dissolved earlier. The current Legislative Assembly is the 17th Legislative Assembly of Uttar Pradesh.

Vidhan Parishad

The State has a bi-cameral Legislature since 1937. The Upper House or the Vidhan Parishad is a permanent House. Members are elected or nominated for six years and one-sixth of them retire every second year. It has 108 members, 12 of whom are nominated by the Governor. Thirty-nine members are elected each by the Vidhan Sabha and Local bodies and nine each by the teachers and graduates. After the reorganization of Uttar Pradesh state in November 2000 and the creation of Uttarakhand state, this strength has now reduced to 100.

The Secretariat

Most departments of the Secretariat have heads of departments and heads of offices under their administrative control, who function as the executive authorities of the Government. All the government orders are issued in the name of the Governor but are signed by the Secretary or officers under him down to the rank of Under Secretary. The work of Government is conducted in Hindi, in Devanagari script. The Additional Chief Secretaries, Principal Secretaries, Secretaries, Special Secretaries, Joint Secretaries, Deputy Secretaries and Under-Secretaries are appointed either from the Central or State Administrative Services. Some Deputy Secretaries and Under Secretaries are also appointed from the permanent Secretariat Services. The work of the Secretariat can be divided broadly into the following categories: - (i) Personnel Administration (ii) Financial Administration (iii) Judicial and Legislative Affairs (iv) Law and Order (v) Levy and Collection of Taxes (vi) Economic Development and Conservation of Sources of State's Wealth (vii) Social Services (viii) Public Utility Services (ix) General Administration.

District and Divisional Administration

After the Secretariat and Heads of Departments, the Divisional Commissioner occupies an important place. He/she is fully responsible for law and order, revenue, administration and other matters pertaining to his/her division. he/she has to exercise supervision over the district officers, local bodies and planning and development works. Each division consists of certain districts. Each district is under the administrative charge of a district officer who is also called the District Magistrate or Deputy Commissioner. The District Officer is fully responsible for the law and order in his district and has extensive administrative, police and revenue powers. Besides maintaining revenue records, he/she has also to look after works relating to planning and development and land reforms. The district is further divided into tehsils, blocks and villages for administrative convenience and for collection of revenue and development works.

The Judiciary

The Allahabad High Court, also known as High Court of Judicature at Allahabad is the high court based in Prayagraj (Allahabad) that has jurisdiction over the Indian state of Uttar Pradesh. It was established on 17 March 1866, making it one of the oldest high courts to be established in India. The seat of the court is at Prayagraj. Allahabad High Court maintains a permanent circuit bench at Lucknow, the administrative capital of the state. The High Court is a Court of records which means that its work and proceedings serve as perpetual evidence. Its records are of such high authority that their content cannot be challenged in any lower court. As a court of record, it has also the power to punish persons guilty of its contempt.

Subordinate Judicial Service

The Subordinate Judiciary has been divided into two parts 'The U.P. Civil Judicial Services' and 'The U.P. Higher Judicial Service'. The former consists of Munsifs and Civil Judges including Small Cause Judges and the latter of Civil and Sessions Judges (now Additional District Sessions Judges). The District Judge is the controller of the Subordinate Judicial Service at the district level. The State is divided into 46 judicial districts, each under the control of a District Judge. In certain cases, Munsifs and Assistant Collectors and Assistant Session Judge also. The jurisdiction of the District Judge extends to more than one revenue district in some cases. On the civil side, the Munsif's Court is the lowest court. The next higher court is that of the Civil Judge. The highest court at the district level is that of the District Judge. In criminal cases, the Munsif has the powers of a Judicial Magistrate. From October 2, 1967, the Judicial Magistrates, who were hitherto under the Government, have been placed under the High Court.

Uttar Pradesh Public Service Tribunal

The number of service cases of Government servants in courts was constantly rising. Such cases involved time and money of State Government officers and employees and of State corporations and companies. Keeping this in view, the Uttar Pradesh Public Service Tribunal was set up in 1976 with the objective of rendering speedy justice to the employees.