State Government

Each state runs its own government, built on the same parliamentary pattern as the Union. Part VI (Articles 152–237) sets it up: a Governor as the head of state, a Chief Minister with a Council of Ministers holding the real power, and a State Legislature that makes the laws. Jammu and Kashmir once had special arrangements. The general scheme below applies to the states.

The Governor is the constitutional head of a state, the state's counterpart of the President.

• Appointment (Art 155): appointed by the President (in practice, the central government), not elected. The same person may serve as Governor of more than one state.

• Eligibility (Art 157): a citizen of India, 35 or above. Term: five years, but holds office during the pleasure of the President (and so can be removed any time).

• Removal: there is no fixed procedure. The Governor holds office "during the pleasure of the President" (Article 156(1)). The central government can recall a Governor at any time without giving a reason. The fixed five-year term (Article 156(3)) runs only "subject to" that pleasure.

• Executive powers (Art 154): all executive action of the state is taken in the Governor's name. Key appointments and consultations:

  • Chief Minister (Article 164): appointed by the Governor.
  • Advocate-General (Article 165): appointed by the Governor.
  • State Public Service Commission members: appointed by the Governor.
  • High Court judges: the Governor is consulted by the President on their appointment for the state.

• Legislative powers: the Governor is a part of the State Legislature (Article 168). His powers include:

  • Summons, prorogation and dissolution (Article 174): he summons, prorogues and dissolves the Assembly.
  • Special address (Article 176): he delivers a special address to the first session after each general election and to the first session of every year. The House then debates it.
  • Nominating Council members (Article 171(5)): he nominates one-sixth of the Legislative Council members.
  • Anglo-Indian nomination (Article 333): where reservation applied, he could nominate an Anglo-Indian to the Assembly. This nomination ended after the 104th Amendment, 2019.

• Bills (Art 200): when a bill is presented, the Governor may assent, withhold assent, return it (if not a Money Bill) for reconsideration, or reserve it for the President. He must reserve any bill that would curtail the powers of the High Court. He also makes Ordinances when the legislature is not in session (Article 213).

• Judicial pardoning power (Art 161): to grant pardons, reprieves, respites and remissions for offences against state laws. This power is narrower than the President's (Article 72). It does not cover court-martial sentences. A state Governor cannot pardon a death sentence. That power rests only with the President.

• Discretionary powers make the Governor stronger than the President, who has none. They include:

  • Choosing a Chief Minister: when no party has a clear majority.
  • Recommending President's Rule (Article 356): by reporting that the state's government cannot run constitutionally.
  • Reserving bills for the President (Article 200): at the Governor's discretion.
  • Special-responsibility roles: in certain states (e.g. Article 371A for Nagaland, 371F for Sikkim).

  The Governor's own decision on whether a matter falls within his discretion is final (Article 163(2)).

• The Chief Minister is appointed by the Governor (Article 164(1)), normally the leader of the majority party. The other ministers are appointed by the Governor on the CM's advice. A non-legislator can be made a minister but must become a member of the State Legislature within six consecutive months, or cease to hold office. A non-member minister cannot vote in the House during that period.
• The Council of Ministers is collectively responsible to the Legislative Assembly (Article 164(2)). Each minister individually holds office "during the pleasure of the Governor". A no-confidence vote in the Assembly brings down the whole Council. In S. R. Bommai v. Union of India (1994), the Supreme Court held that whether a ministry has lost its majority must be tested on the floor of the House. The Governor's private assessment cannot decide it.
• The Advocate-General (Article 165) is the state's chief law officer, the counterpart of the Attorney-General. He is appointed by the Governor and must be qualified to be a High Court judge. He holds office during the Governor's pleasure. He has the right to speak and take part in the proceedings of either House of the State Legislature, but has no right to vote (Article 177).

• The State Legislature is dealt with in Articles 168–212. A state may have one House or two (Article 168). Most are unicameral with only the Legislative Assembly (Vidhan Sabha). A few also have a Legislative Council (Vidhan Parishad). A Council can be created or abolished by an Act of Parliament, but only after the state Assembly passes a resolution by special majority: a majority of the total membership and at least two-thirds of those present and voting. This is set out in Article 169. The Seventh Amendment Act, 1956 provided for a Council in Madhya Pradesh, but the provision was never brought into force, so Madhya Pradesh still has no Council. States such as Maharashtra, Bihar, Karnataka, Uttar Pradesh, Andhra Pradesh and Telangana do have one.
• The Governor opens proceedings with a special address at the start of the first session each year and after each general election (Article 176). The House then sets aside time to debate it.

Each House of the State Legislature frames its own rules of procedure under Article 208(1). The rules are not handed down by the Union. But the House is never left without rules:

• Until a House frames its own rules (Article 208(2)): the rules of procedure in force for the corresponding province immediately before the Constitution commenced continue to apply, with modifications made by the Speaker or Chairman.

• Where a state legislature has no rule on a matter: it follows the Lok Sabha rule on that matter. This is the accepted position for the exam. So both of these statements are correct together: the Governor makes a customary address at the start of the first session of the year, and a state legislature without a rule on a particular matter follows the Lok Sabha rule.

• Legislative Assembly (Article 170): chosen by direct election on adult suffrage from territorial constituencies. It normally has not more than 500 and not fewer than 60 members (the ceiling is 500, not 450, a common wrong option). Smaller states have lower floors: Sikkim, Goa and Arunachal Pradesh have 30. The term is five years (Article 172) and the Governor can dissolve it earlier. The term can be extended only during a national Emergency, for one year at a time, up to six months after it ends. The Speaker vacates office on ceasing to be a member, but after a dissolution the Speaker does not vacate office immediately: he or she continues until immediately before the first meeting of the new Assembly (Article 179).

• Legislative Council (Article 171): a permanent body that is never dissolved. One-third of members retire every two years. Its size is not more than one-third of the Assembly's and not less than 40. The cap is one-third, not one-half. About five-sixths of its members are elected indirectly by single transferable vote. The remaining one-sixth are nominated:

  • 1/3 elected by members of local bodies (municipalities, district boards).
  • 1/12 elected by graduates of three years' standing in the state.
  • 1/12 elected by teachers of three years' standing (institutions not below secondary level).
  • 1/3 elected by the MLAs, from persons who are not Assembly members.
  • the remaining 1/6 nominated by the Governor from those with special knowledge of literature, science, art, the co-operative movement or social service.

  The Council elects its own Chairman from among its members. The Governor does not nominate the Chairman.

• Membership qualifications (Article 173): citizen of India, and at least 25 for the Assembly (the same as for the Lok Sabha) / 30 for the Council.

• The Council is a weaker, "dilatory" House. On an ordinary bill it can only delay: up to three months on the first journey and one month on the second. After that, the Assembly's will prevails (Article 197). There is no joint sitting to resolve deadlocks, as there is in Parliament. On a Money Bill, the Council may only suggest amendments and can hold it for at most 14 days (Article 198). The Assembly may ignore those suggestions.