How the State Government Works

UPSC GS2 — State Executive:

Chief Minister:

• Leader of the party/coalition with majority in Vidhan Sabha
• Appointed by Governor (Governor must appoint the person who can command a majority)
• Real executive; heads the Council of Ministers (Cabinet)
• Article 164: CM and ministers collectively responsible to Vidhan Sabha

Council of Ministers:

• Collective responsibility: If government loses a no-confidence motion in Vidhan Sabha, the entire Council of Ministers must resign
• Cabinet system: Most important decisions made by Cabinet (senior ministers); CM chairs Cabinet
• Individual responsibility: A minister who loses the confidence of CM must resign

Who can be a minister:

• Must be a member of the state legislature (Vidhan Sabha or Parishad); OR must become a member within 6 months of appointment

Size of Council of Ministers (91st Amendment, 2003):

• Maximum size: 15% of total strength of Vidhan Sabha (or minimum of 12 ministers for small states)
• Purpose: Prevent "bloated" cabinets that became a patronage problem

State Legislature (Vidhan Sabha):

• MLA (Member of Legislative Assembly) = directly elected representative from a constituency
• Minimum age: 25 years
• Term: 5 years (unless dissolved earlier)
• Powers: Passes state budget, state laws (on State List + Concurrent List), no-confidence motion
• Money Bill: Can be introduced only in Vidhan Sabha; Vidhan Parishad can delay maximum 14 days but cannot reject

[Additional] Governor's Powers — Key Supreme Court Judgments (GS2 — Polity / State Executive):

The foundational principle — Samsher Singh v. State of Punjab (1974):

• 7-judge Constitution Bench — decided August 23, 1974; AIR 1974 SC 2192
• Core holding: The Governor is a constitutional head who must act on the aid and advice of the Council of Ministers in all executive matters; discretionary powers are the exception, not the rule
• Express discretionary exceptions in the Constitution are narrow — only specified provisions in 6th Schedule and certain NE state provisions
• Established: Governors cannot exercise personal judgment in routine executive matters

Nabam Rebia v. Deputy Speaker (2016) — Arunachal Pradesh:

• Citation: (2016) 8 SCC 1; decided July 13, 2016; 5-judge Constitution Bench
• Facts: Governor Jyoti Prasad Rajkhowa preponed the Assembly session by one month WITHOUT consulting the Chief Minister or Council of Ministers — creating conditions for anti-incumbency motion
• Holdings:
  • Governor cannot summon, prorogue, or advance a legislative session without Council of Ministers' advice — Article 174 must be read with Article 163
  • Governor's unilateral order preponing session was unconstitutional — quashed
  • A Speaker cannot disqualify MLAs while a motion for the Speaker's own removal is pending
  • Gubernatorial actions under Article 174 are subject to judicial review
  • SC effectively nullified the President's Rule imposed during the crisis and restored the elected government

Article 200 — Governor's three options on bills:

Key limitation: Governor cannot return a Money Bill — only option is assent or reserve for President.

Punjab Governor cases (2023):

Kerala Governor (2023–2024):

• Governor Arif Mohammed Khan kept 8 Bills pending for 2+ years without any reason
• Kerala filed writ petition in SC on November 1, 2023
• SC criticized the Governor (November 2023): "No reason has been given to keep bills pending"
• Governor's subsequent act of referring bills directly to President (bypassing Legislature reconsideration step) was further challenged

Tamil Nadu Governor — current law (2025):

Current legal position (post-November 2025): Governor cannot create a "pocket veto" by indefinitely sitting on bills, but courts cannot mandate a fixed timeline for the Governor or President to decide — the tension between these two principles remains unresolved.

UPSC synthesis: Governor's powers = GS2 Polity. Key exam facts: Samsher Singh = 1974 = 7-judge bench = Governor acts on CoM advice in all matters except express Constitutional exceptions; Nabam Rebia = (2016) 8 SCC 1 = 5-judge bench = Governor cannot unilaterally summon/prorogue assembly = quashed President's Rule in Arunachal; Article 200 = three options: assent / return (Governor SHALL give assent if Legislature re-passes) / reserve for President; Punjab Governor judgment = 2023 INSC 1017 (November 10, 2023) = Governor cannot question session validity to withhold assent; Tamil Nadu = April 8, 2025 = no indefinite delay; Presidential Reference = November 20, 2025 = no fixed timelines = decisions not fully justiciable. Prelims trap: If Legislature re-passes a returned bill, Governor SHALL assent (NOT may; NOT can withhold again); Nabam Rebia is an Arunachal Pradesh case (NOT Punjab — Punjab is the 2023 Governor case); Samsher Singh = 7 judges (NOT 5 or 9); the Tamil Nadu 2025 judgment was partially overruled by Presidential Reference (November 2025) — so the April 2025 ruling is NOT the final word; Governor cannot return a Money Bill — the "withhold + return" option is only for ordinary bills.

[Additional] Inter-State Relations — Articles 262–263, River Disputes, Zonal Councils (GS2 — Polity / Federalism):

Article 262 — Inter-State River Water Disputes:

Nine river water dispute Tribunals (ISRWD Act 1956):

Cauvery Water Dispute — complete timeline:

Cauvery 2018 SC allocation (modified from CWDT 2007):

SC verdict validity: 15 years from 2018.

Article 263 — Inter-State Council:

Zonal Councils — five advisory bodies:

UPSC synthesis: Inter-State relations = GS2 Federalism. Key exam facts: Article 262 = inter-state river disputes = Parliament can bar SC jurisdiction; 9 Tribunals under ISRWD Act 1956; Cauvery Tribunal = constituted June 2, 1990 = final award February 5, 2007 = SC verdict February 16, 2018 = Tamil Nadu 404.25 TMC + Karnataka 284.75 TMC; Article 263 = Inter-State Council = constituted May 28, 1990 = Sarkaria Commission recommendation = Chairman = PM = reconstituted November 2024; Zonal Councils = 5 = established under States Reorganisation Act 1956 (NOT Article 263 — common confusion) = Chairman = Union Home Minister; NE Council = separate = 1971 Act. Prelims trap: Zonal Councils are under States Reorganisation Act 1956 (NOT Article 263 — Article 263 created the ISC; Zonal Councils are statutory, not constitutional); ISC Chairman = Prime Minister (NOT President and NOT Home Minister; Zonal Councils chairman = Home Minister); Cauvery SC 2018 = Tamil Nadu got reduced allocation (from 419 → 404.25 TMC) = Karnataka got increased (270 → 284.75 TMC); Article 262 allows Parliament to bar SC jurisdiction over river disputes (this is exceptional — Parliament has actually barred SC jurisdiction under the ISRWD Act); 9 Tribunals (NOT 6 or 7 — 9 total as of 2018 when Mahanadi was the latest).