Constitutional Framework
Part VI of the Constitution (Articles 152–237) deals with the State Government. The structure mirrors the Union Executive — the Governor is the constitutional head, while the Chief Minister and Council of Ministers exercise real executive power.
Note: Part VI does not apply to Jammu & Kashmir (prior to the abrogation of Article 370 in 2019) or to Union Territories.
The Governor (Articles 153–162)
Key Constitutional Provisions
| Article | Subject |
|---|---|
| 153 | Governors of States — there shall be a Governor for each State (one person can be Governor of two or more States — 7th Amendment, 1956) |
| 154 | Executive power of the State vested in the Governor |
| 155 | Appointment — by the President by warrant under his hand and seal |
| 156 | Term — holds office for 5 years during the pleasure of the President |
| 157 | Qualifications — citizen of India, completed 35 years of age |
| 158 | Conditions — shall not be a member of Parliament or State Legislature; shall not hold any office of profit |
| 159 | Oath or affirmation |
| 160 | Discharge of Governor's functions in certain contingencies |
| 161 | Pardoning power of the Governor |
| 162 | Extent of executive power of the State |
Appointment and Tenure
| Feature | Detail |
|---|---|
| Appointed by | President (on the advice of the Central Government) |
| Not elected | Unlike the President, the Governor is not elected — this is a key point of controversy |
| Tenure | 5 years, but serves at the pleasure of the President — can be removed at any time without reason or notice |
| No security of tenure | The Supreme Court in B.P. Singhal v. Union of India (2010) held that the President's pleasure is not justiciable, but the power cannot be exercised arbitrarily or without reason |
| Reappointment | No bar on reappointment; can be transferred from one state to another |
Qualifications (Article 157)
- Must be a citizen of India
- Must have completed 35 years of age
- Must not be a member of either House of Parliament or State Legislature
- Must not hold any office of profit
Powers of the Governor
1. Executive Powers
- All executive action of the State Government is taken in the name of the Governor (Article 166)
- Appoints the Chief Minister and other Ministers (Article 164)
- Appoints the Advocate General (Article 165), Chairman and members of the State Public Service Commission (Article 316), State Election Commissioner (Article 243K), and Vice-Chancellors of state universities (under respective university acts)
- Can seek any information from the CM relating to administration (Article 167)
2. Legislative Powers
- Summons, prorogues State Legislature; can dissolve the Vidhan Sabha (Article 174)
- Addresses the State Legislature at the commencement of the first session each year (Article 176)
- Can nominate 1/6th of the members of the Vidhan Parishad (Legislative Council) — persons with knowledge in literature, science, art, cooperative movement, and social service (Article 171)
- Gives assent to Bills, withholds assent, or reserves Bills for the President's consideration (Article 200)
- Can promulgate ordinances when the State Legislature is not in session (Article 213)
3. Pardoning Power (Article 161)
| Power | Available to Governor? |
|---|---|
| Pardon | Yes — for offences against State laws |
| Commutation | Yes |
| Remission | Yes |
| Respite | Yes |
| Reprieve | Yes |
| Death sentence | Cannot pardon a death sentence (only the President can under Article 72) |
| Court Martial | No power in Court Martial cases |
Discretionary Powers of the Governor
The Constitution says the Governor exercises functions "in his discretion" in certain cases (Article 163(2)). Key discretionary situations include:
| Situation | Discretion |
|---|---|
| Reserving a Bill for the President (Article 200) | Governor can reserve any Bill at his discretion |
| Recommending President's Rule (Article 356) | Sends a report to the President if constitutional machinery has failed in the state |
| Appointing the CM in a hung assembly | When no party has a clear majority, the Governor exercises judgment in inviting a leader to form government |
| Dismissing the CM if the CM loses majority | Governor can ask the CM to prove majority on the floor |
| Sixth Schedule areas (Assam, Meghalaya, Tripura, Mizoram) | Specific discretionary powers regarding tribal areas |
| Special responsibility for certain states | E.g., Maharashtra and Gujarat (Article 371), Nagaland (Article 371A) |
Governor Controversies
| Issue | Detail |
|---|---|
| Delay in giving assent to Bills | Governors in Tamil Nadu, Kerala, Punjab, and other states have delayed assent to Bills indefinitely — the Supreme Court has criticised this practice |
| Misuse of Article 356 | Governors have been accused of recommending President's Rule for political reasons — the S.R. Bommai case (1994) imposed safeguards |
| Floor test controversies | Governors have been accused of inviting minority party leaders to form government — e.g., Karnataka (2018), Maharashtra (2019) |
| Post-poll government formation | Discretion in calling the leader of the largest party vs largest coalition has been controversial |
Commission Recommendations on the Governor
| Commission | Year | Key Recommendations |
|---|---|---|
| Administrative Reforms Commission (1st) | 1966 | Governor should be an eminent person from outside the state |
| Sarkaria Commission | 1983 (submitted 1988) | Vice-President and Speaker should be consulted in selection; Governor should be from outside the state and not involved in active politics; fixed 5-year term recommended |
| National Commission to Review the Working of the Constitution (NCRWC) | 2000–02 | Governor's appointment should be entrusted to a committee |
| Punchhi Commission | 2007 (submitted 2010) | Governor should have a fixed tenure; removal should follow an impartial process; CM should be consulted; Lokpal-like mechanism for accountability |
Chief Minister & State Council of Ministers (Articles 163–167)
Article 163: Council of Ministers to Aid and Advise the Governor
- There shall be a Council of Ministers with the CM as head to aid and advise the Governor
- Except where the Governor exercises discretion, he acts on Ministerial advice
Article 164: Appointment and Responsibilities
| Provision | Detail |
|---|---|
| CM appointment | Appointed by the Governor — normally the leader of the majority party in the Vidhan Sabha |
| Other Ministers | Appointed by the Governor on the advice of the CM |
| Collective responsibility | Council of Ministers is collectively responsible to the Vidhan Sabha — Article 164(2) |
| Size limit | Total Ministers (including CM) shall not exceed 15% of total Vidhan Sabha strength — 91st Amendment, 2003 (minimum of 12 Ministers) |
| Oath | Ministers take oath of office and secrecy before the Governor |
| Non-member minister | Must secure a seat in either House within 6 months |
Article 167: Duties of the CM vis-a-vis the Governor
The Chief Minister must:
- Communicate all decisions of the Council of Ministers relating to state administration to the Governor
- Furnish information relating to administration and proposals for legislation as the Governor may call for
- If the Governor requires, submit for Council's consideration any matter decided by a Minister but not yet considered by the Council
State Legislature (Articles 168–212)
Structure
| Feature | Unicameral States | Bicameral States |
|---|---|---|
| Houses | Only Vidhan Sabha (Legislative Assembly) | Vidhan Sabha + Vidhan Parishad (Legislative Council) |
| Number of states with Vidhan Parishad (as of 2026) | — | 6 states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh |
Vidhan Sabha (Legislative Assembly)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 170 |
| Maximum members | 500; minimum 60 (exception: Sikkim — 32 members under Article 371F; Goa — 40; Mizoram — 40; smaller states/UTs have fewer) |
| Election | Direct election from territorial constituencies by universal adult franchise |
| Minimum age | 25 years |
| Term | 5 years (can be dissolved earlier; can be extended during National Emergency) |
| Presiding officer | Speaker (and Deputy Speaker) |
| Quorum | 10 members or 1/10th of total membership, whichever is greater |
| Nominated members | Governor can nominate 1 member from the Anglo-Indian community if not adequately represented (abolished for Lok Sabha by 104th Amendment, 2019, but the provision for state assemblies was also ended) |
Vidhan Parishad (Legislative Council)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 169, 171 |
| Creation/Abolition | Parliament can create or abolish by law — if the State Legislature passes a resolution by special majority (majority of total membership + 2/3rd of members present and voting) |
| Maximum members | 1/3rd of total Vidhan Sabha strength |
| Minimum members | 40 |
| Election method | Indirect election — complex composition |
| Term | 6 years — permanent body (not subject to dissolution); 1/3rd members retire every 2 years |
| Presiding officer | Chairman (and Deputy Chairman) |
| Minimum age | 30 years |
Composition of Vidhan Parishad (Article 171)
| Category | Proportion |
|---|---|
| Elected by MLAs (Vidhan Sabha members) | 1/3rd |
| Elected by local body members (municipalities, district boards, etc.) | 1/3rd |
| Elected by graduates (of 3 years' standing) | 1/12th |
| Elected by teachers (of 3 years' standing in secondary schools and above) | 1/12th |
| Nominated by Governor (persons with distinction in literature, science, art, cooperative movement, social service) | 1/6th |
Legislative Procedure at the State Level
Ordinary Bills
- Can be introduced in either House (in bicameral states)
- Must be passed by both Houses
- If Vidhan Parishad rejects or amends — the Vidhan Sabha can pass the Bill again; after a combined period of 4 months (3 months if the Parishad does not act + 1 month after re-passing by Sabha), the Bill is deemed passed
- No joint sitting provision at the state level (unlike Parliament under Article 108)
- Governor gives assent, withholds assent, or reserves for President's consideration
Money Bills
- Can be introduced only in the Vidhan Sabha (Article 207)
- Vidhan Parishad can only delay a Money Bill for 14 days — it cannot reject or amend
- Governor's prior recommendation is required (Article 207)
Key Difference from Parliament
| Feature | Parliament | State Legislature |
|---|---|---|
| Deadlock resolution | Joint Sitting (Article 108) | Vidhan Sabha prevails after 4-month waiting period — no joint sitting |
| Money Bill delay | Rajya Sabha: 14 days | Vidhan Parishad: 14 days |
| Upper House term | 6 years (1/3rd retire every 2 years) | 6 years (1/3rd retire every 2 years) |
Advocate General (Article 165)
| Feature | Detail |
|---|---|
| Appointment | Appointed by the Governor of the State |
| Qualification | Must be qualified to be appointed as a Judge of a High Court — i.e., citizen of India + advocate of a High Court for 10 years |
| Duties | Advise the State Government on legal matters referred by the Governor; perform duties of a legal character assigned by the Governor |
| Rights | Right of audience in all courts in the State; right to speak and participate in proceedings of both Houses of the State Legislature and their committees — but no right to vote |
| Tenure | No fixed tenure; holds office during the pleasure of the Governor |
| Counterpart | State-level equivalent of the Attorney General of India (Article 76) |
Important for UPSC
Prelims Focus
- Articles: 153-162 (Governor), 163-167 (CM & CoM), 165 (Advocate General), 168-212 (State Legislature)
- Governor's discretionary powers — reserving Bills, recommending President's Rule, appointing CM in hung assembly
- Vidhan Parishad — composition (1/3rd MLAs, 1/3rd local bodies, 1/12th graduates, 1/12th teachers, 1/6th nominated), creation/abolition procedure, states that have it
- Pardoning power: Governor vs President — no Court Martial, no death sentence pardon for Governor
- No joint sitting at state level
- 91st Amendment — 15% cap applies to state-level CoM also (minimum 12)
Mains Dimensions
- Governor as Centre's agent: Is the Governor a federal check or a tool of Central Government interference?
- Sarkaria and Punchhi Commission recommendations: Why have they not been fully implemented?
- Bills pending with Governor: Constitutional silence on time limits — need for reform
- Bicameralism at state level: Utility of Vidhan Parishad — does it aid deliberation or delay legislation?
- S.R. Bommai case (1994): Judicial safeguards against misuse of Article 356
Interview Angles
- Should Governors be elected instead of appointed?
- Should there be a Collegium system for appointing Governors?
- Is the Vidhan Parishad relevant in modern India?
- How can Centre-State relations be improved regarding the Governor's office?
Previous Year Questions (PYQs)
UPSC Prelims
Q1. (2014) Which of the following are the discretionary powers given to the Governor of a State?
- Sending a report to the President of India for imposing President's Rule
- Appointing the Ministers
- Reserving certain bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
Answer: Statements 1 and 3 are correct. Appointing Ministers is done on the advice of the CM (not discretion). Making rules for business is done on the CM's advice.
Q2. (2019) In India, the Governor of a State can act in his/her discretion in which of the following matters?
- Determining whether a Bill is a Money Bill or not
- Reserving a Bill for the consideration of the President
Answer: Statement 2 is correct. At the state level, the Speaker of the Vidhan Sabha decides Money Bills, not the Governor. However, the Governor has discretion to reserve any Bill for the President.
Q3. (2018) Consider the following statements regarding the Legislative Council:
- It is created by an Act of Parliament.
- It can be abolished by a resolution of the State Legislature.
Answer: Statement 1 is correct (Parliament passes the Act after the State Legislature adopts a resolution by special majority). Statement 2 is incorrect — abolition also requires an Act of Parliament (after the State resolution).
UPSC Mains
Q. (GS-II, 2018) "The office of the Governor has been a subject of controversy since the inception of the Constitution." Critically examine the role of the Governor in state politics with reference to recent controversies.
Q. (GS-II, 2021) Discuss the recommendations of the Sarkaria Commission and the Punchhi Commission regarding the Governor's role. How relevant are they in the current political context?
Q. (GS-II, 2015) "The Governor is not a mere constitutional figurehead." Examine the discretionary powers of the Governor and their impact on Centre-State relations.
Current Affairs Connect
Sources: Constitution of India — legislative.gov.in | Know India — india.gov.in | PRS Legislative Research — prsindia.org | S.R. Bommai v. Union of India, 1994 — Supreme Court of India