Why this chapter matters for UPSC: State government functioning — the role of the Governor, Chief Minister, state legislature — and the federal division of powers are core GS2 Polity topics. The Governor's role (discretionary powers, Article 356 President's Rule) is heavily tested.

PART 1 — Quick Reference Tables

State Government Structure

Position Constitutional Basis Key Role
Governor Articles 153–162 Constitutional head of state; appointed by President; represents Union in state
Chief Minister (CM) Article 163–164 Real executive head; leader of majority party; heads Council of Ministers
Council of Ministers Article 163–164 Collectively responsible to Vidhan Sabha; advises Governor
Vidhan Sabha (Legislative Assembly) Article 170 Lower house; directly elected; passes laws, budget; maximum 500 seats, minimum 60
Vidhan Parishad (Legislative Council) Article 169–171 Upper house; only 6 states have it; not directly elected; less powerful

States with Vidhan Parishad (Upper House)

State
Uttar Pradesh
Bihar
Maharashtra
Karnataka
Andhra Pradesh
Telangana

Only these 6 states have a Vidhan Parishad (as of 2025). A state legislature can create/abolish the Vidhan Parishad by resolution (Article 169).

PART 2 — Detailed Notes

The Governor

Key Term

Governor — constitutional head of the state:

Appointment: By the President of India (on advice of the Central government — effectively the Union Cabinet).

Term: 5 years; can be transferred or removed earlier by the President.

Constitutional powers:

  • Appoints Chief Minister (and on CM's advice, other ministers)
  • Summons, prorogues, dissolves Vidhan Sabha
  • Grants assent to state bills (or withholds, or reserves for President's consideration)
  • Addresses joint sessions of state legislature
  • Reports to President about state affairs — key input for imposing President's Rule

Discretionary powers (controversial):

  • Inviting the leader of the largest party/alliance to form government when no majority is clear
  • Sending bills to the President for consideration instead of giving assent
  • Recommending President's Rule (Article 356) when constitutional machinery fails
  • Article 200: Governor can withhold assent to a bill — this power has been used controversially in recent times (courts have ruled Governors must act within time limits)

Controversies around Governor's role:

  • Governors are sometimes accused of acting as agents of the Centre, creating friction with state governments of opposition parties
  • SR Bommai case (1994): SC ruled that strength of government must be tested on the floor of the house, NOT by Governor's subjective assessment — curtailed misuse of Article 356
  • Article 356 (President's Rule): Can be imposed on Governor's report that state government cannot function. Has been misused historically (used 100+ times; greatly reduced after SR Bommai).

Chief Minister and Council of Ministers

UPSC Connect

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

Division of Powers — Centre vs State

Explainer

7th Schedule of the Constitution — Three Lists:

Union List (List I):

  • Only Parliament can make laws
  • 100 subjects (earlier 97): Defence, foreign affairs, currency, banking, communications, nuclear energy, railways, citizenship
  • Example: Nuclear power, armed forces, income tax, customs duties

State List (List II):

  • State legislatures can make laws
  • 61 subjects (earlier 66): Police, public order, agriculture, public health, local government, land, roads
  • Parliament CAN legislate on State List subjects in certain situations (Article 249, 250, 252, 253)

Concurrent List (List III):

  • Both Parliament and state legislatures can make laws
  • 52 subjects (earlier 47): Education, marriage, divorce, forests, population control, labour, electricity
  • In case of conflict: Central law prevails (Article 254)
  • Education moved to Concurrent List by 42nd Amendment (1976) — was originally State List

Residuary powers: Parliament (any subject NOT in any list) — Article 248

Recent centralization trends:

  • New farm laws (2020): Parliament legislated on agriculture (State List item) using Concurrent List entry on trade → controversy → farm laws repealed (2021) after protests
  • Article 356 misuse: Curtailed by SR Bommai (1994)
  • GST: States gave up their taxation powers; compensated for 5 years (ended 2022); ongoing disputes over GST compensation

Exam Strategy

Prelims traps:

  • Governor appointed by President (NOT elected — this is the key difference from the President at the Centre who is elected by an Electoral College)
  • Vidhan Parishad exists in ONLY 6 states (UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana)
  • Article 356 = President's Rule; SR Bommai case (1994) restricted its misuse — floor test required
  • 91st Amendment (2003): Council of Ministers max = 15% of Vidhan Sabha strength
  • Education = Concurrent List (NOT State List — moved by 42nd Amendment 1976)
  • Governor's term = 5 years but serves at pleasure of President (can be removed any time)
  • Money Bill in states: Introduced in Vidhan Sabha only; Vidhan Parishad can delay max 14 days (parallel to Rajya Sabha's 14 days on money bills)

Previous Year Questions

Prelims:

  1. The Governor of a state is appointed by the:
    (a) Chief Justice of India
    (b) President of India
    (c) Prime Minister of India
    (d) State Legislature through proportional representation

  2. Which constitutional amendment set a limit of 15% of the total strength of the legislative assembly as the maximum size of a state's Council of Ministers?
    (a) 44th Amendment
    (b) 73rd Amendment
    (c) 91st Amendment
    (d) 100th Amendment

  3. The subject of "Education" is placed in which Schedule/List of the Constitution?
    (a) Union List
    (b) Concurrent List
    (c) State List
    (d) Residuary list (not enumerated)