State Government
Free study material · concepts, shortcuts & solved questions
Governor | Chief Minister and Council of Ministers | State Legislature
4.1 Governor
Constitutional Basis: Part VI, Articles 153–162
- Article 153: There shall be a Governor for each state (one person can be appointed Governor of two or more states, per the 7th Amendment Act, 1956).
- Article 154: Executive power of the state vested in the Governor, exercised directly or through subordinate officers.
- Article 155: Governor appointed by the President (by warrant under his hand and seal) — not elected, unlike the President of India.
- Article 156: Holds office during the pleasure of the President; normal term is 5 years, but can be removed earlier or continue beyond 5 years until a successor takes over.
- Article 157–158: Qualifications — citizen of India, minimum 35 years of age; must not be a member of Parliament/state legislature or hold any office of profit.
Powers of the Governor
| Category | Key Powers |
|---|---|
| Executive | Appoints CM and other ministers (on CM's advice), Advocate General, State Election Commissioner (consulted), State Public Service Commission members |
| Legislative | Summons/prorogues state legislature, dissolves Legislative Assembly, addresses the legislature, gives assent to state bills |
| Discretionary | Reserving a bill for President's consideration (Article 200); recommending President's Rule (Article 356) — exercised without ministerial advice in specific situations |
| Ordinance-making | Article 213 — can promulgate ordinances when the state legislature is not in session (analogous to the President's Article 123 power) |
| Judicial | Article 161 — power to grant pardons, reprieves, respites, or remissions of punishment for offences against state laws (narrower than the President's Article 72 — does NOT extend to death sentences or court-martial cases) |
Common Traps
- Governor is appointed, not elected — a frequent point of confusion with the President (who is indirectly elected).
- Governor's pardoning power (Article 161) cannot commute a death sentence — only the President (Article 72) can do so, even for offences under state law.
- The Governor acts on the discretion in limited situations (e.g., reserving a bill for the President, recommending President's Rule, appointing CM when no party has a clear majority) — otherwise bound by the "aid and advice" of the state Council of Ministers, similar to the President's position at the Union level.
- Article 200: Governor can give assent, withhold assent, return the bill (except Money Bills) for reconsideration, or reserve it for the President's consideration — this last option has no Union-level equivalent for the President.
Additional Depth: Governor's Discretionary Situations and Sarkaria Commission
Situations where the Governor typically exercises discretion (beyond the express "discretion" language of Article 163):
- Appointing a Chief Minister when no party/coalition has a clear majority (subsequently subject to a floor test).
- Dismissing a Council of Ministers that has lost majority support but refuses to resign.
- Dissolving the Legislative Assembly if the Council of Ministers has lost its majority.
- Reserving certain bills for the President's consideration (Article 200).
- Recommending President's Rule under Article 356, based on their own assessment (subject to later judicial review per S.R. Bommai).
- In certain states with special provisions (e.g., Article 371A for Nagaland, Article 371F for Sikkim), the Governor has additional "special responsibility" discretionary powers.
Sarkaria Commission (1983–88): Examined Centre-State relations comprehensively, including the Governor's role; recommended that Governors be eminent persons from outside the state, not too closely tied to the ruling party at the Centre, and consulted with the state Chief Minister before appointment — recommendations that remain advisory conventions rather than binding constitutional requirements.
Punchhi Commission (2007–2010): Further examined Centre-State relations; recommended fixed tenure for Governors and a more structured, time-bound process for the Governor's assent to bills (to address the recurring issue of Governors indefinitely withholding assent to state bills) — a topic of ongoing constitutional debate and litigation.
4.2 Chief Minister and Council of Ministers
Constitutional Basis: Articles 163–164
- Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except where the Governor is required to act in his discretion.
- Article 164:
- CM appointed by the Governor; other ministers appointed by the Governor on the advice of the CM.
- Ministers hold office during the pleasure of the Governor.
- Council of Ministers is collectively responsible to the state Legislative Assembly.
- A minister who is not a member of the state legislature for 6 consecutive months ceases to be a minister.
- 91st Amendment Act, 2003: Total ministers in a state Council of Ministers (including CM) capped at 15% of the total strength of the state Legislative Assembly, with a minimum of 12 ministers for smaller states.
Common Traps
- The 91st Amendment's 15% cap and minimum-12 floor apply symmetrically to both the Union Council of Ministers (Lok Sabha basis) and State Councils of Ministers (state Assembly basis) — often tested as a matching pair.
- Just as with the Union, collective responsibility is to the (state) Legislative Assembly only, not the Legislative Council (in bicameral states) or the Governor.
4.3 State Legislature
Constitutional Basis: Part VI, Chapter III, Articles 168–212
- Article 168: Every state has a legislature consisting of the Governor and either one House (Legislative Assembly) or two Houses (Legislative Assembly + Legislative Council). As of the current framework, six states have a bicameral legislature with a Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. All other states are unicameral (Legislative Assembly only). No Union Territory has a Legislative Council.
- Article 169: Parliament may, by law, create or abolish a state's Legislative Council, if the concerned state's Legislative Assembly passes a resolution to that effect by a special majority.
Legislative Assembly (Vidhan Sabha)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 170 |
| Maximum strength | 500; Minimum strength |
| Term | 5 years from date of first sitting; can be dissolved earlier by the Governor |
| Qualification | Citizen of India, minimum 25 years of age |
| Presiding Officer | Speaker and Deputy Speaker (elected by the House) |
Legislative Council (Vidhan Parishad)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 171 |
| Strength | Not more than 1/3rd of the Legislative Assembly's strength, and not less than 40 members |
| Term | Permanent body, like the Rajya Sabha; 1/3rd retire every 2 years |
| Qualification | Citizen of India, minimum 30 years of age |
| Composition (approximate proportions) | 1/3rd elected by local bodies (municipalities, district boards, etc.); 1/12th elected by graduates; 1/12th elected by teachers; 1/3rd elected by members of the Legislative Assembly (from non-members); remainder nominated by the Governor (for special knowledge in literature, science, art, cooperative movement, social service) |
Legislative Procedure
- Ordinary bills can generally originate in either House (where bicameral); Money Bills can be introduced only in the Legislative Assembly, and the Legislative Council has no power to reject or amend — only a 14-day recommendatory window, similar to the Rajya Sabha's role for Union Money Bills.
- The Legislative Council is considered a relatively weaker second chamber compared to the Rajya Sabha — it can, at most, delay an ordinary bill by up to 4 months (in two stages: an initial delay of 3 months, followed by a delay of 1 month after the bill is passed again by the Assembly), and cannot block it indefinitely.
Common Traps
- Only 6 of India's 28 states have a bicameral legislature — commonly tested via "which of the following states has a Legislative Council" style questions. Since a state can add/abolish its Council over time (e.g., Jammu & Kashmir's Council was abolished following its 2019 reorganization into Union Territories), verify this list against a current source close to your exam date, though as of now it has been stable at these six states for several years.
- Legislative Council members' minimum age is 30, same as Rajya Sabha; Legislative Assembly minimum age is 25, same as Lok Sabha.
- Unlike Parliament (where the Rajya Sabha is a genuinely powerful revising chamber for ordinary legislation), the state Legislative Council's delaying power over ordinary bills is time-limited and cannot ultimately block a bill the Assembly is determined to pass.
Solved Example (UPSC Prelims-Format MCQ)
Q1. Consider the following statements regarding the Governor of a State:
- The Governor is elected by the members of the state Legislative Assembly.
- The Governor's pardoning power extends to death sentences.
- A person can be appointed as Governor of more than one state simultaneously.
Which of the statements given above is/are correct? (a) 3 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3
Answer: (a) 3 only — The Governor is appointed by the President, not elected (Statement 1 false); the Governor's pardoning power under Article 161 does NOT extend to death sentences (Statement 2 false — this remains an exclusively Presidential power under Article 72); one person can indeed be Governor of two or more states, since the 7th Amendment Act, 1956 (Statement 3 true).
Practice Set (Exam-Format MCQs)
Q1. What is the minimum age required to become a member of a state Legislative Council? (a) 25 years (b) 30 years (c) 35 years (d) 21 years Answer: (b)
Q2. Under which Article can a Governor reserve a state bill for the consideration of the President? (a) Article 111 (b) Article 200 (c) Article 213 (d) Article 356 Answer: (b)
Q3. The maximum strength of a state Legislative Council cannot exceed what fraction of the strength of the Legislative Assembly? (a) 1/4th (b) 1/3rd (c) 1/2 (d) 2/3rd Answer: (b)
Q4. Which Amendment Act capped the size of a state's Council of Ministers at 15% of the Legislative Assembly's total strength? (a) 42nd Amendment (b) 44th Amendment (c) 91st Amendment (d) 97th Amendment Answer: (c)
Q5. For creating or abolishing a state's Legislative Council, which of the following is required? (a) A Presidential proclamation alone (b) A resolution passed by the state Legislative Assembly by special majority, followed by a Parliamentary law (c) A resolution of the Rajya Sabha alone (d) A judgment of the Supreme Court Answer: (b)
Q6. Which Commission recommended that Governors be eminent persons from outside the state and not closely tied to the ruling party at the Centre? (a) Punchhi Commission (b) Sarkaria Commission (c) Ashok Mehta Committee (d) Balwant Rai Mehta Committee Answer: (b)
Q7. The maximum duration for which a Legislative Council can delay an ordinary bill (across both stages) is approximately: (a) 1 month (b) 4 months (c) 6 months (d) 1 year Answer: (b)
Q8. Consider the following statements:
- A Money Bill can be introduced in a state's Legislative Council.
- The Legislative Council has the power to reject a Money Bill passed by the Legislative Assembly.
- The Legislative Council's recommendations on a Money Bill must be considered within 14 days.
Which of the statements given above is/are correct? (a) 3 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (a) — Statements 1 and 2 are incorrect; Money Bills can be introduced only in the Legislative Assembly, and the Council cannot reject them, only recommend changes within 14 days.
Q9. Which Article empowers the Governor to promulgate ordinances when the state legislature is not in session? (a) Article 123 (b) Article 200 (c) Article 213 (d) Article 356 Answer: (c)
Q10. How many states currently have a bicameral legislature with a Legislative Council? (a) 4 (b) 5 (c) 6 (d) 8 Answer: (c)
Q11. The minimum strength prescribed for a state Legislative Council is: (a) 30 (b) 40 (c) 50 (d) 60 Answer: (b)
Q12. Who appoints the members of a state's Legislative Assembly's Speaker and Deputy Speaker? (a) The Governor (b) The President (c) They are elected by the members of the Assembly itself (d) The Chief Minister Answer: (c)
Q13. Consider the following statements about the Governor's pardoning power under Article 161:
- It extends to sentences of death.
- It extends to sentences imposed by court-martial.
- It can pardon, reprieve, respite, or remit punishment for offences against laws relating to matters within the state's executive power.
Which of the statements given above is/are correct? (a) 3 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: (a) — Statements 1 and 2 are incorrect; these fall exclusively within the President's Article 72 power.
Q14. A minister in a state government who is not a member of the state legislature at the time of appointment must be elected/nominated within how many months? (a) 3 months (b) 6 months (c) 9 months (d) 12 months Answer: (b)
Q15. Approximately what fraction of a state Legislative Council's members are elected by local bodies (municipalities, district boards, etc.)? (a) 1/12th (b) 1/6th (c) 1/3rd (d) 1/2 Answer: (c)
Q16. Which of the following amendments allowed one person to be appointed Governor of two or more states simultaneously? (a) 7th Amendment, 1956 (b) 42nd Amendment, 1976 (c) 44th Amendment, 1978 (d) 73rd Amendment, 1992 Answer: (a)
Q17. The Punchhi Commission's recommendations primarily concerned: (a) Panchayati Raj reforms (b) Centre-State relations, including Governor's tenure and role (c) Judicial appointments (d) Electoral reforms Answer: (b)
Q18. Consider the following statements:
- The Governor's term of office is fixed at exactly 5 years and cannot be curtailed.
- The Governor holds office during the pleasure of the President.
- A Governor's minimum age qualification is 35 years, same as the President's.
Which of the statements given above is/are correct? (a) 2 and 3 only (b) 1 and 2 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (a) — Statement 1 is incorrect; although the normal term is 5 years, a Governor holds office "during the pleasure of the President" and can be removed earlier, or can continue in office beyond 5 years until a successor is appointed.
Chapter 4 Quick Revision Sheet
- Governor: Appointed by President (not elected); 5-year nominal term but serves "during the pleasure of the President"; ordinance power under Article 213 (state-level parallel to Article 123); pardoning power under Article 161 is narrower than the President's Article 72 (no death sentence/court-martial power); can act in discretion (e.g., reserving bills, recommending President's Rule).
- CM & Council of Ministers: Articles 163–164; collectively responsible to the state Legislative Assembly only; capped at 15% of Assembly strength (91st Amendment, 2003), minimum 12 ministers.
- State Legislature: Unicameral (most states) or bicameral (a handful of states with a Legislative Council — status can change over time, verify current list); Legislative Assembly — min. age 25, 5-year term, dissolvable; Legislative Council — min. age 30, permanent body, weak revising power (max ~4-month delay on ordinary bills, no power over Money Bills beyond 14-day recommendation).