BharatNotes 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) |
Key distinction: The President has a fixed 5-year term and can only be removed by impeachment (a quasi-judicial process requiring special majority in both Houses). The Governor also has a 5-year term but serves at the pleasure of the President — meaning the Centre can remove a Governor at any time without reason, without notice, and without Parliament's approval. This difference makes the Governor's office inherently vulnerable to political manipulation.
Exam Tip: The S.R. Bommai case (1994) is the single most important judgment on Centre-State relations. It held that the President's satisfaction under Article 356 is judicially reviewable, the state assembly should be dissolved only after Parliament approves the proclamation, and the floor of the House is the only test of majority — not the Governor's subjective assessment. Cite this case in every Mains answer on Article 356 or Governor controversies.
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?
Recent Developments (2024–2026)
J&K Restored as Union Territory with Legislature — Elections Held (September 2024)
Following the Supreme Court's December 2023 ruling upholding the abrogation of Article 370 and directing elections by 30 September 2024, Jammu and Kashmir held Legislative Assembly elections in September–October 2024. The National Conference – Congress alliance won a majority and formed the government. This marks the restoration of elected governance in J&K as a Union Territory with a Legislature (under Article 239A) — distinct from a State (which would have a Governor under Article 153 and a full Article 163 cabinet).
J&K's status remains constitutionally distinct from full statehood — the Lieutenant Governor retains certain powers not typical of a State Governor, and the demand for full statehood restoration remains active.
UPSC angle: Prelims — J&K elections September 2024; National Conference–Congress alliance; Union Territory with Legislature (not a State); Article 239A. Mains — compare the constitutional position of a Governor in a State vs a Lieutenant Governor in a UT with Legislature; what is the pathway to restoring J&K's statehood?
President's Rule in Manipur — Article 356 Invoked (February 2025)
President's Rule under Article 356 was imposed in Manipur on 13 February 2025 following the resignation of Chief Minister N. Biren Singh amid ongoing ethnic violence between Meitei and Kuki-Zo-Hmar communities. The Lok Sabha approved the extension of President's Rule for a further six months from 13 August 2025. This is the 11th time President's Rule has been imposed in Manipur.
The imposition raises classic questions about Article 356 — the S.R. Bommai (1994) safeguards (Governor's report must be bona fide, State Assembly must not be dissolved until Parliament approves), the role of the Governor in recommending Article 356, and whether ethnic violence constitutes "failure of constitutional machinery."
UPSC angle: Prelims — President's Rule in Manipur February 2025; 11th time; S.R. Bommai (1994) safeguards. Mains — evaluate the constitutional safeguards against misuse of Article 356 in light of the Manipur situation; assess whether ethnic conflict justifies Governor's Rule.
Governor Controversies — Multiple States Challenge Assent Withholding (2024)
Multiple non-BJP states — Tamil Nadu, Kerala, Punjab, Telangana, and West Bengal — approached the Supreme Court in 2023–2024 challenging their Governors' refusal to give assent to bills passed by State Assemblies. The Supreme Court in April 2024 (Tamil Nadu case) used Article 142 to deem certain bills as law — a historic first. However, a Constitution Bench in November 2025 overruled this specific remedy, holding that "deemed assent" is unconstitutional and violates separation of powers.
The current legal position (post-November 2025): Governors cannot hold bills indefinitely but no court can impose deadlines on the President or Governor; the remedy for prolonged inaction lies in political accountability and Article 356 removal, not judicial mandates.
UPSC angle: Prelims — Tamil Nadu Governor case (April 2024); Presidential Reference (2025); no deemed assent. Mains — critically assess the Governor's bill assent powers under Article 200; what safeguards exist against deliberate withholding of assent as a political tool?
State Governments and New Criminal Laws — Implementation Challenges (2024–2025)
With BNS, BNSS, and BSA operative from 1 July 2024, state governments (which run the State Police under the State List) faced significant implementation challenges: retraining police forces on 358 new BNS provisions, establishing new forensic science labs mandated by the BNSS (every state must establish FSLs — Section 185), and adapting the state judicial infrastructure to new procedural timelines.
UPSC angle: Prelims — BNSS Section 185 requires forensic science labs; operative 1 July 2024. Mains — examine the federal dimensions of implementing the new criminal laws; what responsibilities fall on State Governments under Articles 154–166?
Vocabulary
Bicameral
- Pronunciation: /baɪˈkæm.ər.əl/
- Definition: Describing a legislature that consists of two separate chambers or houses; at the state level in India, a bicameral legislature comprises the Vidhan Sabha (Legislative Assembly) and the Vidhan Parishad (Legislative Council).
- Origin: From Latin bi- ("two") + camera ("chamber, vaulted room") + the suffix -al; first recorded in English in the 1830s to describe two-chamber legislative bodies.
Discretionary
- Pronunciation: /dɪˈskrɛʃ.ən.ər.i/
- Definition: Relating to powers exercised on the basis of personal judgment rather than on binding ministerial advice; under Article 163(2), the Governor may act in his discretion in certain constitutionally specified situations.
- Origin: From Latin discrētiō ("separation, discernment"), from the past participle of discernere ("to separate, distinguish"), from dis- ("apart") + cernere ("to sift"); entered English via Middle English dyscrecyounne in the 14th century.
Reservation
- Pronunciation: /ˌrɛz.əˈveɪ.ʃən/
- Definition: A system of affirmative action under the Indian Constitution that sets aside a specified proportion of seats in legislatures, public employment, and educational institutions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes to ensure their adequate representation.
- Origin: From Middle French réservation, from réserver ("to reserve"), ultimately from Latin reservāre ("to keep back, retain"), from re- ("back") + servāre ("to keep, guard").
Key Terms
Governor's Role
- Pronunciation: /ˈɡʌv.ən.əz rəʊl/
- Definition: The constitutional position established under Article 153 whereby the Governor serves as the appointed (not elected) head of state for each State, exercising executive powers (Article 154), legislative powers (summoning/proroguing the legislature, assenting to Bills, promulgating ordinances under Article 213), discretionary powers (Article 163(2) — reserving Bills for President under Article 200, recommending President's Rule under Article 356, appointing CM in hung assemblies), and pardoning power (Article 161 — for offences against state laws, but cannot pardon death sentences or court martial cases). The Governor normally acts on the advice of the Chief Minister and Council of Ministers, except where the Constitution expressly requires exercise of discretion.
- Context: The office was adapted from the British colonial Governors to the republican framework at independence. Unlike the President (who has a fixed 5-year term removable only by impeachment), the Governor holds office "during the pleasure of the President" (Article 156) — meaning the Centre can remove a Governor at any time without reason or notice. In B.P. Singhal v. Union of India (2010), the Supreme Court held that while the President's pleasure is not justiciable per se, the power cannot be exercised arbitrarily or for extraneous political reasons — there must be compelling reasons grounded in public interest. The Governor's office has been repeatedly controversial: delays in giving assent to Bills (Tamil Nadu, Kerala, Punjab), partisan recommendations for President's Rule, and disputed invitations to form government in hung assemblies (Karnataka 2018, Maharashtra 2019). The Sarkaria Commission (1983, 247 recommendations) recommended that active politicians should not be appointed Governors, the state CM should be consulted, and the Governor should be from outside the state. The Punchhi Commission (2007, 273 recommendations) went further — proposing a formal committee for appointments (PM + Home Minister + Speaker + CM), an impeachment mechanism for Governors, and that Governors should not serve as university chancellors.
- UPSC Relevance: GS2 Polity — Prelims: Articles 153-162, appointment by President (not elected), qualifications (35+ years, citizen of India — Article 157), discretionary powers (Article 163(2)), pardoning power (Article 161 — no court martial, no death sentence pardon), B.P. Singhal case (2010, removal cannot be arbitrary), difference from President's pardoning power (Article 72); Mains: is the Governor a Centre's agent or a federal check (the perennial debate), Bills pending with Governor — the 2025 SC controversy (April 2025 ruling imposed timelines, November 2025 Presidential Reference overruled it — current position: no judicially imposed timelines), Sarkaria vs Punchhi recommendations on Governor's office, should Governors be elected rather than appointed.
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
