Master10
Indian Polity & Constitution Module

State Executive & State Legislature

The constitutional structure of Indian states mirrors the Union parliamentary model, established under Part VI of the Constitution. The Governor acts as the constitutional executive head of the state, appointed by the President under Article 155, and holds dual status as the constitutional nominal head and the Centre's representative. Real executive power rests with the Chief Minister and the State Council of Ministers, collectively responsible to the Legislative Assembly (Vidhan Sabha). While most states maintain unicameral legislatures, six states operate bicameral legislatures with a Legislative Council (Vidhan Parishad). Centre-State relations are defined across Union, State, and Concurrent legislative lists under the Seventh Schedule, with residuary powers resting with Parliament.

Key Concepts & Examination Highlights

  • The Governor holds office during the pleasure of the President under Article 156 of the Indian Constitution.
  • Six Indian states currently maintain bicameral legislatures: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • Article 356 empowers the President to impose President's Rule in a state upon receiving a report from the Governor regarding constitutional breakdown.
  • The Sarkaria Commission (1983) and Punchhi Commission (2007) made foundational recommendations regarding Centre-State balance and Governor appointments.
  • Under Article 169, Parliament can create or abolish a State Legislative Council (Vidhan Parishad) if the state's Legislative Assembly passes a resolution with a special majority.
  • The maximum strength of a State Legislative Assembly is fixed at 500 members and minimum at 60 members under Article 170, with exceptions for smaller states like Goa and Sikkim.
  • Article 213 empowers the Governor to promulgate ordinances when the state legislative assembly is not in session.
  • The Governor reserves certain state bills for presidential consideration under Article 200, which the President may assent to or withhold under Article 201.
  • In S.R. Bommai v. Union of India (1994), the Supreme Court ruled that presidential proclamations under Article 356 are subject to judicial review to prevent misuse.
  • The Seventh Constitutional Amendment Act of 1956 authorized the appointment of the same person as Governor for two or more states.
  • Under Article 163, the Chief Minister and Council of Ministers aid and advise the Governor, except in matters where the Governor is constitutionally required to exercise discretion.
  • The 7th Constitutional Amendment Act, 1956, made provision for the appointment of the same person as Governor for two or more states.
  • The Governor must be a citizen of India and have completed 35 years of age, as stipulated under Article 157 of the Constitution.
  • Under Article 161, the Governor has the power to grant pardons, reprieves, respites, or remissions of punishment, but cannot pardon a death sentence or military court-martial.
  • In S.R. Bommai v. Union of India (1994), the Supreme Court ruled that the Governor's recommendation to impose President's Rule under Article 356 is subject to judicial review and floor tests.
  • In Shamsher Singh v. State of Punjab (1974), the Supreme Court held that the Governor acts on the aid and advice of the Council of Ministers except in matters where discretionary power is explicitly conferred.
  • In Nabam Rebia v. Deputy Speaker (2016), the Supreme Court held that the Governor's discretionary powers under Article 163 are limited and subject to constitutional boundaries.
  • Members of the Legislative Council (MLCs) are elected through a mixed electoral college: one-third by local bodies, one-third by MLAs, one-twelfth by graduates, one-twelfth by teachers, and one-sixth nominated by the Governor.
  • Money Bills cannot be introduced in the Legislative Council, and the Council has only 14 days to return a Money Bill with suggestions to the Assembly.
  • Unlike Parliament, there is no constitutional provision for a joint sitting of both Houses of the State Legislature to resolve a legislative deadlock.
  • The Speaker of the Legislative Assembly decides questions of disqualification under the Tenth Schedule, subject to judicial review as ruled in Kihoto Hollohan (1992).
  • The Consolidated Fund of the State is established under Article 266(1), and the Contingency Fund of the State is maintained under Article 267(2) at the disposal of the Governor.
  • Special provisions for specific states are contained in Articles 371 to 371-J (Part XXI), addressing regional aspirations in states such as Nagaland, Assam, Manipur, Andhra Pradesh, and Karnataka.
  • Under Article 201, when a state bill is reserved by the Governor for the President's consideration, the President may assent, withhold assent, or direct the Governor to return it to the House.
  • The tenure of a State Legislative Assembly is 5 years from the date of its first meeting, but it may be dissolved earlier by the Governor on the advice of the Chief Minister.
  • Article 153 mandates that there shall be a Governor for each State, though the 7th Amendment Act, 1956, permitted the appointment of the same person as Governor for two or more States.
  • The Governor is appointed by the President by warrant under his hand and seal under Article 155 and holds office during the pleasure of the President under Article 156.
  • To be eligible for appointment as Governor under Article 157, a person must be a citizen of India and have completed the age of 35 years.
  • The Sarkaria Commission (1988) recommended that the Governor should be an eminent person from outside the state, detached from local politics, and appointed in consultation with the Chief Minister.
  • Article 161 empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment for offences against laws relating to matters within the executive power of the State.
  • Unlike the President under Article 72, the Governor cannot pardon a death sentence, although the Governor can commute, suspend, or remit it.
  • Article 163 provides for a Council of Ministers with the Chief Minister at the head to aid and advise the Governor, except in matters where the Governor is required to exercise constitutional discretion.
  • Article 164(1A), inserted by the 91st Amendment, provides that the total number of Ministers in a State Council of Ministers shall not exceed 15 percent, nor be less than 12 members, of the Legislative Assembly strength.
  • Article 165 provides for the Advocate General for the State, appointed by the Governor, who must be qualified to be appointed a Judge of a High Court.
  • Article 168 provides for the constitution of Legislatures in States, which may be unicameral or bicameral.
  • Six Indian states currently possess a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • Article 169 empowers Parliament to abolish or create a Legislative Council (Vidhan Parishad) in a State by a simple majority if the State Legislative Assembly passes a special majority resolution.
  • The maximum strength of a Legislative Council cannot exceed one-third of the total strength of the Legislative Assembly, but cannot be less than 40 members under Article 171.
  • Members of a Legislative Council have a tenure of six years, with one-third of members retiring every second year.
  • Under Article 170, the maximum strength of a State Legislative Assembly is fixed at 500 and the minimum at 60, though smaller states like Goa, Sikkim, and Mizoram have exceptions.
  • Article 200 governs presidential and gubernatorial assent to State Bills, empowering the Governor to grant assent, withhold assent, return the bill, or reserve it for presidential consideration.
  • Under Article 201, when a State Bill is reserved for the consideration of the President, the President may assent, withhold assent, or direct the Governor to return it with a message.
  • Article 213 empowers the Governor to promulgate Ordinances during the recess of the State Legislature, which must be approved within six weeks of its reassembly.
  • In S.R. Bommai v. Union of India (1994), the Supreme Court laid down strict guidelines against the arbitrary use of Article 356 (President's Rule) and declared secularism a basic feature.
  • In Rameshwar Prasad v. Union of India (2006), the Supreme Court held that the Governor's recommendation to dissolve a Legislative Assembly based on subjective claims without floor testing is unconstitutional.
  • In Nabam Rebia v. Deputy Speaker (2016), the Supreme Court ruled that the Governor's discretionary powers under Article 163 are limited and do not extend to summoning the assembly without cabinet advice.
  • The Punchhi Commission on Centre-State Relations (2010) recommended a fixed five-year tenure for Governors and a procedure for their removal via state legislative impeachment.
  • The salaries and allowances of Governors are charged upon the Consolidated Fund of the State and cannot be diminished during their term of office.
  • Article 239AA provides special constitutional status and a Legislative Assembly for the National Capital Territory of Delhi, inserted by the 69th Constitutional Amendment Act, 1991.
  • The Lieutenant Governor of Delhi is empowered with distinct administrative oversight over public order, police, and land under Article 239AA(3)(a).
Curriculum & Reference Sources: Constitution of India (Articles 152–237), Sarkaria Commission Report, M. Laxmikanth's 'Indian Polity'.

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.EASY

Who is the administrative head of a state in India?

Q2.MEDIUM

President's Rule in a State is imposed under which Article of the Constitution?

Q3.HARD

The Sarkaria Commission (1983) and Punchhi Commission (2007) were constituted to examine which domain?

Q4.EASY

The Governor of a State in India is appointed by whom under Article 155 of the Constitution?

Q5.EASY

What is the minimum age prescribed by the Constitution to be eligible for appointment as the Governor of an Indian State?

Q6.EASY

Which is the minimum age prescribed to become a member of the State Legislative Assembly (Vidhan Sabha)?

Q7.EASY

Under Article 356 of the Constitution, "President's Rule" can be imposed in a State in the event of what failure?

Q8.EASY

Which Article of the Constitution empowers High Courts in India to issue writs for the enforcement of Fundamental Rights and other legal rights?