The constitutional framework of Bihar, like any other state in India, operates within the overarching ambit of the Indian Constitution. The state government functions as a semi-federal entity, balancing autonomy and integration with the Union of India. This framework governs the administrative, legislative, and judicial aspects of Bihar, ensuring alignment with the principles of democracy, justice, equality, and secularism enshrined in the Indian Constitution.
1. Historical Context
Bihar has a significant role in India's constitutional history:
Pre-Independence Period: Bihar, part of the Bengal Presidency, became a separate province in 1912. Its legislative evolution began under the Government of India Act, 1919.
Post-Independence Era: The Constitution of India, adopted on January 26, 1950, established Bihar as a constituent state, outlining its powers and responsibilities under a unified constitutional framework.
2. State Governance under the Indian Constitution
Bihar operates within the federal structure provided in the Constitution of India, adhering to the distribution of powers between the Union and the states.
2.1. Executive Structure
Governor: The constitutional head of Bihar, appointed by the President of India, exercises powers on the advice of the states Council of Ministers.
Chief Minister and Council of Ministers: The Chief Minister is the real executive authority. The Council of Ministers, collectively responsible to the state legislature, assists in governance.
State Bureaucracy: Implements policies and laws under the Chief Secretarys guidance.
2.2. Legislature
Bihar has a bicameral legislature, consisting of:
Legislative Assembly (Vidhan Sabha): Comprising directly elected representatives, the Assembly debates and passes laws. The Speaker presides over its sessions.
Legislative Council (Vidhan Parishad): A relatively smaller body with members indirectly elected or nominated. It serves as a revising chamber.
2.3. Judiciary
Bihar has a High Court, located in Patna, established in 1916. It operates under the Indian judiciarys unified structure, ensuring the states laws comply with the Constitution.
Subordinate courts handle civil and criminal matters at district and lower levels.
3. Division of Powers
The Constitution delineates powers between the Union and the state via three lists:
State List: Subjects like police, public health, and agriculture fall under Bihars exclusive legislative and administrative domain.
Union List: Subjects like defense and foreign affairs are under the Union Governments purview.
Concurrent List: Areas like education and forest management involve joint responsibilities.
4. Key Constitutional Provisions Affecting Bihar
4.1. Article 162: Executive Power
The executive power of Bihar extends to subjects in the State List and Concurrent List, barring matters explicitly reserved for the Union.
4.2. Article 213: Ordinance-Making Power
The Governor can promulgate ordinances when the Legislature is not in session, provided these align with constitutional mandates.
4.3. Article 371
Special provisions for states, but Bihar does not benefit from the specific provisions like those for states in the Northeast.
4.4. Fifth and Sixth Schedules
These schedules, dealing with tribal areas administration, have limited application in Bihar, focusing primarily on the rights of tribal communities.
4.5. Directive Principles of State Policy (Part IV)
Bihars government uses these principles to guide policies in health, education, and rural development.
5. Autonomy and Union Interference
While the Constitution grants Bihar autonomy in certain matters, mechanisms like:
Article 356: Imposition of Presidents Rule in case of constitutional breakdown in the state.
Article 200: Reservation of state bills by the Governor for Presidential assent. These provisions ensure that Bihar remains integrated within Indias federal structure.
6. Local Governance under the Constitution
6.1. Panchayati Raj System (73rd Amendment)
Bihar has a robust Panchayati Raj framework, ensuring decentralized governance. This includes:
Gram Panchayats
Panchayat Samitis
Zila Parishads
6.2. Urban Local Bodies (74th Amendment)
Municipal Corporations, Municipal Councils, and Nagar Panchayats handle urban governance.
7. Judicial Oversight and Constitutional Compliance
7.1. Judicial Review
The Patna High Court ensures the constitutional validity of state laws and policies.
Citizens can approach the High Court or the Supreme Court for enforcing fundamental rights under Articles 32 and 226.
7.2. Public Interest Litigation (PIL)
The High Court frequently addresses PILs to address governance issues and enforce accountability.
8. Role of the Governor
As the constitutional head, the Governor:
Appoints the Chief Minister and other ministers.
Oversees the states budget and legislative proceedings.
Ensures constitutional compliance in the state administration.
9. Special Challenges to the Constitutional Framework in Bihar
9.1. Socio-Economic Disparities
Addressing socio-economic challenges like poverty and illiteracy within the constitutional provisions is a critical task for the state.
9.2. Law and Order
Policing is a state subject, but Bihars law and order challenges often demand Union intervention.
9.3. Federal Tensions
Disputes over financial allocations and resource sharing sometimes highlight friction between Bihar and the Union Government.
10. Constitutional Amendments and Bihar
Several constitutional amendments have directly impacted Bihars governance:
73rd and 74th Amendments: Strengthened local governance.
42nd Amendment: Enhanced the role of Directive Principles, influencing state policy.