1. Constitutional Position (Articles 153–162)
| Article | Provision |
|---|---|
| Article 153 | There shall be a Governor for each State |
| Article 154 | Executive power vested in Governor |
| Article 155 | Governor appointed by President |
| Article 156 | Governor holds office during pleasure of President |
| Article 157 | Qualifications |
| Article 158 | Conditions of office |
| Article 159 | Oath of office |
| Article 160 | Contingency functions |
| Article 161 | Pardoning powers |
| Article 162 | Extent of executive power |
Governor is the constitutional head of the State. Real executive power lies with Council of Ministers headed by Chief Minister.
Supreme Court: Hargovind Pant v. Dr. Raghukul Tilak (1979) — Governor is not an employee of Central Government.
2. Dual Role of Governor
| Role | Description |
|---|---|
| Constitutional Head | Nominal executive |
| Agent of Centre | Link between Centre and State |
3. Appointment and Qualifications
Appointment (Article 155)
| Authority | President of India |
| Mode | Warrant under President’s seal |
Qualifications (Article 157)
| Citizenship | Indian citizen |
| Age | Minimum 35 years |
Conditions (Article 158)
| Legislature Membership | Cannot be MP or MLA |
| Office of Profit | Cannot hold other office |
| Residence | Official residence provided |
| Protection | Salary cannot be reduced |
Oath (Article 159)
Administered by Chief Justice of High Court. Governor swears to preserve, protect and defend Constitution.
4. Term and Removal (Article 156)
| Term | 5 years |
| Pleasure | President can remove anytime |
| Resignation | To President |
| Transfer | Possible |
5. Executive Powers
| Appoints CM | Article 164 |
| Appoints Advocate General | Article 165 |
| Reports to President | Article 356 |
| Seeks information | Article 167 |
6. Legislative Powers
| Part of Legislature | Article 168 |
| Summons Assembly | Article 174 |
| Dissolves Assembly | Article 174 |
| Assent to Bills | Article 200 |
| Ordinance power | Article 213 |
7. Financial Powers
| Budget presentation | Article 202 |
| Money Bill recommendation | Article 207 |
| Contingency Fund | Article 267 |
8. Judicial Powers (Article 161)
| Pardon | Complete forgiveness |
| Commutation | Lighter punishment |
| Remission | Reduce sentence |
| Respite | Lesser sentence |
| Reprieve | Temporary stay |
Governor cannot pardon death sentence. Only President can.
9. Discretionary Powers
| Hung Assembly | Appoint CM |
| Dissolve Assembly | When no majority |
| Reserve Bills | Article 200 |
| Recommend President Rule | Article 356 |
10. Governor–CM Relationship
| Article 163 | CM advises Governor |
| Article 164 | CM appointed by Governor |
| Article 167 | CM provides information |
11. Governor Assent to Bills (Article 200)
| Assent | Bill becomes law |
| Withhold | Reject |
| Return | Reconsideration |
| Reserve | Send to President |
12. Supreme Court Judgments (2025)
Tamil Nadu Governor Case (April 2025): Governor cannot indefinitely delay assent.
Presidential Reference Case (Nov 2025): Governor has wide discretion.
13. Sarkaria Commission Recommendations
| Consult CM | Before appointment |
| Security of tenure | 5 years |
| Neutral Governor | Non-political person |
14. Punchhi Commission Recommendations
| Transparent selection | Committee system |
| Fixed tenure | Protection |
Summary Table
| Articles | 153–162 |
| Appointment | President |
| Term | 5 years |
| Powers | Executive, Legislative, Financial, Judicial |
| Discretion | Yes |
1. Constitutional Basis
The office of the Chief Minister is created under Articles 163 to 167 of the Constitution of India. The Chief Minister is the real executive authority in the State, while the Governor is the nominal executive head.
| Article | Provision |
|---|---|
| Article 163 | Council of Ministers to aid and advise Governor |
| Article 164 | Appointment, tenure, responsibility of Ministers |
| Article 166 | Conduct of business of State Government |
| Article 167 | Duties of Chief Minister towards Governor |
| Article 168 | State Legislature composition |
| Article 174 | Summoning, prorogation, dissolution |
| Article 177 | Rights of Ministers in Legislature |
Chief Minister is the real executive authority of the State.
2. Appointment of Chief Minister (Article 164)
Normal Situation
- Governor appoints leader of majority party
- Majority proven on floor of Assembly
Hung Assembly Situation
- Governor may appoint largest party leader
- Coalition leader may be invited
- Floor test mandatory
When CM is not MLA
- Must become MLA or MLC within 6 months
- Otherwise must resign
Article 164(4): Non-member CM must become member within 6 months.
3. Oath of Office and Secrecy
| Oath Type | Meaning |
|---|---|
| Oath of Office | Faithfully discharge duties |
| Oath of Secrecy | Maintain confidentiality |
4. Powers and Functions of Chief Minister
A. Executive Powers
- Forms Council of Ministers
- Allocates portfolios
- Reshuffles ministries
- Coordinates departments
- Supervises administration
B. Legislative Powers
- Leader of Assembly
- Advises Governor to summon Assembly
- Introduces policies
- Moves confidence motion
C. Financial Powers
- Supervises budget preparation
- Controls expenditure
- Guides economic policy
D. Administrative Powers
- Controls bureaucracy
- Transfers officers
- Implements policies
5. Role in Council of Ministers
| Power | Description |
|---|---|
| Appointment | Recommends Ministers |
| Portfolio Allocation | Assigns departments |
| Chairman | Heads Cabinet meetings |
| Removal | Can remove Ministers |
Council of Ministers cannot exist without Chief Minister.
6. Relationship between Governor and Chief Minister
| Governor | Chief Minister |
|---|---|
| Nominal executive | Real executive |
| Acts on advice | Provides advice |
| Appoints CM | Advises Governor |
Shamsher Singh vs State of Punjab (1974): Governor acts on CM advice.
7. Collective Responsibility (Article 164)
- Council responsible to Assembly
- No-confidence motion removes entire ministry
- Cabinet decisions binding on all ministers
8. Individual Responsibility
- Minister responsible for own department
- Governor can remove minister on CM advice
9. Size of Ministry (91st Amendment, 2003)
| Provision | Details |
|---|---|
| Maximum size | 15% of Assembly strength |
| Minimum size | 12 Ministers |
10. Role in Federal System
- Represents State in national forums
- Coordinates with Centre
- Participates in Inter-State Council
11. Removal of Chief Minister
| Method | Description |
|---|---|
| No-confidence motion | Must resign |
| Loss of majority | Must resign |
| Death | Governor appoints new CM |
12. CM vs PM Comparison
| Aspect | Chief Minister | Prime Minister |
|---|---|---|
| Level | State | Union |
| Head | Governor | President |
| Responsible to | Assembly | Lok Sabha |
13. Supreme Court Judgments
S.R. Bommai Case (1994): Majority must be proven on floor.
Nabam Rebia Case (2016): Governor powers limited.
14. Summary Table
| Aspect | Details |
|---|---|
| Articles | 163–167 |
| Appointment | Governor |
| Real executive | Yes |
| Responsible to | Assembly |
| Term | 5 years |
EXAM POINTS:
- Chief Minister is real executive head
- Article 164 governs appointment
- Collective responsibility to Assembly
- 91st Amendment limits ministry size
- Governor acts on CM advice
1. Introduction
The State Legislature is the law-making body at the state level. India follows a parliamentary system, and state legislatures are structured similar to Parliament, with either one House (unicameral) or two Houses (bicameral).
Provisions related to State Legislatures are contained in Part VI of the Constitution, Articles 168–212.
India has a mix of unicameral and bicameral state legislatures. Only 6 states and J&K have bicameral legislatures.
2. Composition of State Legislature (Article 168)
Article 168 provides that State Legislature consists of:
- Governor
- Legislative Assembly (Vidhan Sabha)
- Legislative Council (Vidhan Parishad) — in bicameral states
Bicameral States (2025)
| State | Assembly Strength | Council Strength |
|---|---|---|
| Uttar Pradesh | 403 | 100 |
| Bihar | 243 | 75 |
| Maharashtra | 288 | 78 |
| Karnataka | 224 | 75 |
| Andhra Pradesh | 175 | 58 |
| Telangana | 119 | 40 |
| Jammu & Kashmir | 114 | 36 |
3. Legislative Assembly (Vidhan Sabha) – Article 170
| Aspect | Details |
|---|---|
| Nature | Lower House |
| Election | Direct election |
| Maximum strength | 500 |
| Minimum strength | 60 |
| Age qualification | 25 years |
| Voting age | 18 years |
| Reservation | SC/ST seats reserved |
| Presiding officer | Speaker |
| Term | 5 years |
4. Legislative Council (Vidhan Parishad) – Article 171
| Aspect | Details |
|---|---|
| Nature | Upper House |
| Election | Indirect election |
| Maximum strength | 1/3rd of Assembly |
| Minimum strength | 40 |
| Age qualification | 30 years |
| Presiding officer | Chairman |
| Nature | Permanent house |
| Term | 6 years |
Composition of Legislative Council
| Category | Proportion | Electorate |
|---|---|---|
| Local Bodies | 1/3 | Municipalities, Panchayats |
| Assembly Members | 1/3 | MLAs |
| Teachers | 1/12 | Teachers |
| Graduates | 1/12 | Graduates |
| Nominated | 1/6 | Governor |
5. Creation and Abolition of Legislative Council (Article 169)
| Step | Details |
|---|---|
| Resolution | Assembly passes resolution |
| Majority | Special majority |
| Parliament law | Creates or abolishes Council |
6. Duration of Houses (Article 172)
| House | Duration |
|---|---|
| Legislative Assembly | 5 years |
| Legislative Council | Permanent |
7. Sessions of State Legislature (Article 174)
| Provision | Details |
|---|---|
| Summoning | Governor summons |
| Gap limit | Max 6 months gap |
| Prorogation | Governor prorogues |
| Dissolution | Governor dissolves Assembly |
8. Qualifications (Article 173)
| Requirement | Assembly | Council |
|---|---|---|
| Citizenship | Indian citizen | Indian citizen |
| Age | 25 | 30 |
9. Disqualification (Article 191)
- Office of profit
- Unsound mind
- Insolvent
- Not citizen
- Defection
10. Speaker and Chairman (Articles 178-187)
| House | Presiding officer |
|---|---|
| Assembly | Speaker |
| Council | Chairman |
11. Legislative Procedure
| Bill type | Where introduced |
|---|---|
| Ordinary Bill | Either house |
| Money Bill | Assembly only |
12. Governor’s Assent (Article 200)
| Option | Effect |
|---|---|
| Assent | Becomes law |
| Withhold | Rejected |
| Return | Reconsideration |
| Reserve | President decides |
13. Comparison: Parliament vs State Legislature
| Aspect | Parliament | State Legislature |
|---|---|---|
| Articles | 79–122 | 168–212 |
| Head | President | Governor |
| Lower House | Lok Sabha | Assembly |
| Upper House | Rajya Sabha | Council |
Summary Table
| Aspect | Assembly | Council |
|---|---|---|
| Article | 170 | 171 |
| Election | Direct | Indirect |
| Term | 5 years | Permanent |
States with Legislative Council:
- Uttar Pradesh
- Bihar
- Maharashtra
- Karnataka
- Andhra Pradesh
- Telangana
- Jammu & Kashmir