State Government: Governor, Chief Minister and State Legislature

India is a federal country, and the State governments have the same parliamentary form as the Union. The State executive consists of the Governor, the Chief Minister and the Council of Ministers, and the State legislature makes laws on the subjects of the State List. For the UPSC, this topic is asked every year in the Prelims on Articles, powers and procedures, and in the Mains on the role of the Governor, the working of the Legislative Council and centre-state relations. This note explains the State government in simple language, with tables, comparisons with the Union and a ready Mains structure.

The Governor

Article 153 says that there shall be a Governor for each State, though the same person can be the Governor of two or more States (as made possible by the 7th Amendment, 1956). The Governor is the nominal head of the State executive and also acts as an agent of the Centre.

Appointment, Qualification and Term

Powers of the Governor

• Executive: Appoints the Chief Minister, and on the CM's advice, the other ministers; appoints the Advocate General and the members of the State Public Service Commission; the executive actions of the State are taken in his or her name.
• Legislative: Summons and prorogues the House, dissolves the Legislative Assembly, addresses the House at the start of the first session each year, and nominates one-sixth of the members of the Legislative Council.
• Ordinance-making (Article 213): Can issue an ordinance when the legislature is not in session; it must be approved within six weeks of the reassembly.
• Assent to bills (Article 200): Can give assent, withhold assent, return a bill (other than a money bill) for reconsideration, or reserve it for the consideration of the President.
• Financial: A money bill can be introduced only on the Governor's recommendation; the Contingency Fund of the State is at his or her disposal.
• Judicial (Article 161): Can grant pardon, reprieve, respite, remission, suspension or commutation of sentences in the matters of the State law, but cannot pardon a death sentence (he or she can suspend, remit or commute it), unlike the President.
• Discretionary (Article 163): The Governor acts on the advice of the Council of Ministers, except in the matters in which he or she has a discretion, such as inviting a party to form the government when there is no clear majority, reserving a bill for the President and recommending the President's Rule under Article 356.

Issues Around the Governor's Office

The office has often been in debate: appointments of persons with a political background, the removal of Governors at the pleasure of the Centre, and the use of discretion in hung assemblies. The Sarkaria Commission (1983) and the Punchhi Commission (2010) recommended that the Governor should be an eminent person from outside the State, should not have been active in politics recently, and should be appointed after consulting the Chief Minister. The Supreme Court in the S. R. Bommai case (1994) held that the imposition of President's Rule is subject to judicial review, and in the Rameshwar Prasad case (2006) and the Nabam Rebia case (2016), it limited the misuse of discretion.

The Chief Minister and the Council of Ministers

Article 163 provides for a Council of Ministers headed by the Chief Minister to aid and advise the Governor. Under Article 164, the Governor appoints the Chief Minister and, on his or her advice, the other ministers. Normally, the leader of the party or coalition having a majority in the Legislative Assembly becomes the Chief Minister. The ministers hold office during the pleasure of the Governor, but the Council is collectively responsible to the Legislative Assembly. The 91st Amendment (2003) limits the total number of ministers, including the CM, to 15 per cent of the strength of the Assembly, with a minimum of 12. A minister who is not a member of the legislature must become one within six months. The Chief Minister is the link between the Governor and the Council, and leads the government in policy, planning and administration.

The State Legislature

Under Article 168, every State has a legislature that consists of the Governor and one House (unicameral) or two Houses (bicameral). The Legislative Assembly (Vidhan Sabha) is the lower house, directly elected. The Legislative Council (Vidhan Parishad) exists in only a few States: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh. Under Article 169, Parliament can create or abolish a Council if the Assembly passes a resolution by a special majority.

The Council's members are elected as follows: one-third by the members of the Assembly, one-third by local bodies, one-twelfth by graduates, one-twelfth by teachers, and one-sixth nominated by the Governor from persons with special knowledge of literature, science, art, the cooperative movement and social service.

Legislative Procedure and the Role of the Council

A money bill can be introduced only in the Assembly with the Governor's recommendation; the Council can only suggest changes within 14 days. An ordinary bill can start in either House. If the Council rejects it or makes changes that the Assembly does not accept, the Assembly can pass it again, and the Council can delay it only for three months the first time and one month the second time, after which the bill is deemed passed. There is no joint sitting in the States. This shows that the Council is weaker than the Rajya Sabha. The debate over the Council is that it provides a second review and a place for experts, but critics say it is costly and a back door for defeated politicians.

Union vs State: Quick Comparison

Special Cases

Delhi has a special status under Article 239AA (69th Amendment, 1991), with a Legislative Assembly and a Council of Ministers, and the Lieutenant Governor is the head of the administration. Some States have special provisions under Articles 371 to 371J, for example Nagaland (371A), Assam (371B), Manipur (371C), Sikkim (371F), Mizoram (371G) and Arunachal Pradesh (371H), in view of their history and social conditions.

Mains Angle: Should the Role of the Governor Be Reformed?

Give both sides. The Governor is needed as a constitutional head, as a neutral person in a crisis and as a link between the Centre and the State. However, the misuse of the office, such as delay in assent to bills, selective use of discretion and the removal of Governors without a reason, creates conflict with the elected governments. The suggestions are the following: a fixed tenure and a fair removal process, appointment on the basis of a consultation with the State, a time limit for assent to the bills as suggested by judicial decisions, and a clear guidelines for inviting a party to form the government.

Practice Questions

• Q1. Under which Article can the Governor issue an ordinance? Answer: Article 213.
• Q2. Which Article provides for the pardon power of the Governor? Answer: Article 161.
• Q3. What is the minimum age to become a member of the Legislative Council? Answer: 30 years.
• Q4. Which Article provides for the creation of the Legislative Council? Answer: Article 169.

Revise it with our notes on the Union Executive and the Parliament of India.

Quick Revision

• Governor: Articles 153 to 159; appointed by the President; term 5 years during the pleasure of the President.
• Ordinance Article 213; pardon Article 161; reserve a bill for the President Article 200.
• CM appointed under Article 164; ministers limited to 15 per cent; collective responsibility to the Assembly.
• Assembly 60 to 500 members; Council up to one-third, minimum 40; six States have a Council.

Frequently Asked Questions (FAQ)

Who appoints the Governor of a State?

The President appoints the Governor under Article 155.

What is the term of the Governor?

The term is 5 years, but the Governor holds office during the pleasure of the President.

Who administers the oath to the Governor?

The Chief Justice of the High Court of the State administers the oath.

Under which Article can a Governor issue an ordinance?

Article 213 allows the Governor to issue an ordinance when the legislature is not in session.

Can the Governor pardon a death sentence?

No. The Governor can suspend, remit or commute a death sentence, but only the President can pardon it.

Who appoints the Chief Minister?

The Governor appoints the Chief Minister under Article 164.

What is the limit of ministers in a State?

The total number of ministers cannot exceed 15 per cent of the strength of the Assembly, with a minimum of 12.

Which States have a Legislative Council?

Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh have a Legislative Council.

Who can create or abolish a Legislative Council?

Parliament can do so under Article 169 if the Assembly passes a resolution by a special majority.

What is the minimum age for an MLA and an MLC?

The minimum age is 25 years for an MLA and 30 years for an MLC.

How long can the Council delay an ordinary bill?

The Council can delay it for three months the first time and one month the second time.

Which Article gives special status to Delhi?

Article 239AA, inserted by the 69th Amendment, gives special status to Delhi.