State Governments: Governor, Chief Minister, Council of Ministers, and State Legislature
The state governments in India constitute the second tier of the federal structure, operating under a parliamentary system modelled on the Union pattern. Like the Union, each state has an executive head (the Governor), a real executive (the Chief Minister and Council of Ministers), and a legislative body (the state legislature, either unicameral or bicameral). The Constitution of India allocates substantial powers to states in the State List (61 subjects) and Concurrent List (52 subjects) of the Seventh Schedule, making states the primary providers of law and order, police, public health, agriculture, education, and local government services. The Governor under Articles 153 to 167 is the constitutional head of the state, appointed by the President for a five-year term, while the Chief Minister is the real executive authority commanding the confidence of the state legislature. This parallel structure to the Union government, with the Governor playing a role analogous to the President and the Chief Minister analogous to the Prime Minister, is fundamental to understanding Indian federalism at the state level.
For the RPSC RAS examination, a thorough understanding of the state executive is essential, particularly the appointment and powers of the Governor including the controversial discretionary powers in hung assemblies, the Chief Minister’s position and the doctrine of collective responsibility, the Governor’s ordinance-making power under Article 213, and the legislative process in state legislatures. Rajasthan being a unicameral state with a single legislative assembly provides a specific example of state legislative structure that the RAS candidate must understand in the context of the broader constitutional framework. The state executive is not a subordinate of the Union executive. Federalism at the state level means that within their jurisdiction, states are independent. However, the President’s power to proclaim Emergency in a state under Article 356 and the Governor as the President’s representative create a mechanism for Union oversight of state governments that has been the subject of significant constitutional controversy and judicial oversight, particularly after the S.R. Bommai case in 1994. The state governments collectively employ millions of people, manage the largest education and health infrastructure in the country, and are the primary delivery mechanism for social welfare programmes, making them essential to the daily lives of citizens.
🟢 Lite — Quick Review (1h–1d)
The state executive consists of the Governor, the Chief Minister, and the Council of Ministers. The Governor is the constitutional head of the state, appointed by the President for a five-year term. The Chief Minister is the real executive authority and the head of the government in the state. The Council of Ministers is collectively responsible to the state legislature.
The Governor is appointed by the President under Article 155. The qualifications are minimal: must be a citizen of India, at least 35 years of age, and must not hold any office of profit. The same person can be appointed Governor of different states for successive terms. In practice, most Governors are former politicians, bureaucrats, or judges. Convention demands that Governors not be active politicians at the time of appointment.
The Governor exercises the state’s executive power under Article 154, but in practice this means acting on the advice of the Council of Ministers headed by the Chief Minister. The Governor appoints the Chief Minister, who is most likely to command a majority in the Vidhan Sabha. The Governor also appoints the Advocate-General, the State Election Commissioner, and chairpersons of state commissions. The Governor summons, prorogues, and dissolves the state legislature. Every bill passed by the legislature must be presented to the Governor for assent under Article 200. The Governor can return a bill for reconsideration once, but if the legislature passes it again, the Governor must give assent.
The most distinctive power of the Governor is the ordinance-making power under Article 213. When the state legislature is not in session and the Governor is satisfied that circumstances exist requiring immediate action, the Governor may promulgate ordinances that have the force of law. The ordinance must be laid before the legislature within six weeks of reassembly. The Governor cannot issue ordinances on Money Bills or subjects in the Union List. The Governor also has pardoning power under Article 161, but cannot pardon death sentences. Only the President can pardon death sentences under Article 72.
The Chief Minister is appointed by the Governor under Article 164. The Chief Minister must be a member of the state legislature. The Chief Minister determines the overall political direction of the government, allocates ministries and portfolios, chairs Cabinet meetings, and is the main link between the Governor and the Council of Ministers. The Council of Ministers is collectively responsible to the Vidhan Sabha. This means the government must resign if it loses a vote of confidence. All ministers publicly support all Cabinet decisions or resign. Rajasthan has a unicameral legislature with a single Vidhan Sabha of 200 seats. The legislative process in Rajasthan mirrors the parliamentary process at the Union level.
The Governor’s discretionary powers arise in specific situations. In a hung assembly where no single party has a majority, the Governor exercises discretion in choosing the Chief Minister. The Governor may invite the single largest party to form the government and give it time to prove majority on the floor of the House. The Governor should dissolve the assembly only if no combination can form a stable government and it is in the state’s interest to go to elections. These discretionary powers were defined by the Supreme Court in the landmark S.R. Bommai case in 1994.
Exam tip: The Governor cannot pardon death sentences under Article 161. This power belongs exclusively to the President under Article 72. A common examination question asks about the difference between the Governor’s pardoning power and the President’s pardoning power. The Governor’s power is limited to state offences and does not extend to death sentences. Another common mistake is confusing the Governor’s discretionary powers with arbitrary powers. The Governor has genuine discretionary powers only in specific constitutional situations like a hung assembly. In normal times, all executive powers are exercised on the advice of the Council of Ministers.
🟡 Standard — Regular Study (2d–2mo)
Governor — Position, Appointment, and Powers
The Governor is appointed by the President under Article 155 for a five-year term. The same person can be appointed Governor of different states for successive terms. There is no requirement that the Governor be a resident of the state. The qualifications under Article 157 are: must be a citizen of India, at least 35 years of age, and must not hold any office of profit. The office of profit rule under Article 158 means a person cannot hold the office of Governor while simultaneously holding any other office including being a member of Parliament or state legislature or being a minister in any government. This was the subject of controversy in Madhavrao Scindia vs. Union of India in 1964 regarding the appointment of a former politician as Governor.
The Governor’s executive powers under Article 154 are exercised on the advice of the Council of Ministers. The Governor appoints the Chief Minister and other ministers on the CM’s advice. The Governor appoints the Advocate-General, the State Election Commissioner, and chairpersons of state commissions. The Governor summons, prorogues, and dissolves the state legislature.
The Governor’s legislative powers include addressing the state legislature at the commencement of each session under Article 175 and sending messages to the legislature. Every bill passed by the legislature must be presented to the Governor for assent under Article 200. The Governor has four options: give assent and the bill becomes an Act, withhold assent (rare and unusual), return the bill for reconsideration once (if not a Money Bill), or reserve certain bills for the President’s consideration. Bills affecting certain subjects like印花 and excise and state High Court jurisdiction must be reserved for Presidential assent.
Article 213 empowers the Governor to promulgate ordinances when the state legislature is not in session, if the Governor is satisfied that circumstances exist requiring immediate action. The ordinance has the same force and effect as an Act of the legislature but must be laid before the legislature upon reassembly. An ordinance expires if not passed as an Act within six weeks of reassembly. The Governor cannot issue an ordinance on a Money Bill, cannot issue an ordinance on subjects in the Union List, and cannot re-promulgate the same ordinance repeatedly without legislative approval. The Court in D.C. Kathiya vs. State of Gujarat in 2003 struck down an ordinance that sought to bypass legislative process for a bill that had been rejected by the legislature.
Article 161 gives the Governor the power to grant pardons, reprieves, respites, and remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to a matter within the state’s jurisdiction. The Governor cannot pardon death sentences. This is a frequently asked question in the RAS examination.
Chief Minister and Council of Ministers
Article 164 provides that the Chief Minister is appointed by the Governor. The Constitution does not specify who the Governor should appoint, but constitutional convention requires that the CM must be a member of the state legislature and most likely to command a majority in the Vidhan Sabha. If a single party has a majority, the leader of that party is appointed. If no single party has a majority (hung assembly), the Governor exercises discretion in choosing the CM.
The Council of Ministers is collectively responsible to the state legislature under Article 164. This means the government must resign if it loses a vote of confidence in the assembly, all ministers publicly support all Cabinet decisions or resign, and individual ministers are individually responsible for their ministries.
The Chief Minister’s powers include determining the overall political direction of the government, allocating ministries and portfolios, chairing Cabinet meetings and setting the agenda, being the main link between the Governor and the Council of Ministers under Article 167, and supervising the implementation of government policies.
The distinction between the Cabinet and the Council of Ministers mirrors the Union pattern. The Cabinet is the inner group of senior ministers typically heading major departments who take major policy decisions. The broader Council of Ministers includes all ministers including Ministers of State and Deputy Ministers. In Rajasthan, the Cabinet typically includes the CM, Deputy CM if any, and senior ministers heading key portfolios like Home, Finance, Agriculture, and Revenue.
Governor’s Discretionary Powers — The Bommai Case
The S.R. Bommai vs. Union of India case in 1994 was a landmark in defining the Governor’s discretionary powers. The Supreme Court held that the Governor’s power to dismiss a state government under Article 356 is subject to judicial review. The Governor cannot dismiss a government that has a majority in the assembly unless the government has lost the confidence of the House. The Governor cannot dissolve the assembly and call for elections on the advice of a caretaker government that has lost its majority without giving the opposition an opportunity to form the government. The Governor’s decision to impose President’s Rule must be based on objective grounds, not on the Union government’s political preferences.
In a hung assembly, the Governor’s discretion becomes critical. The Governor may invite the single largest party to form the government and give it time to prove majority on the floor of the House. If the largest party fails, the Governor may invite the alliance that shows the best chance of forming a government. The Governor should dissolve the assembly only if no combination can form a stable government and it is in the state’s interest to go to elections. In Madhya Pradesh in 1992 to 1993, Governor Mohammad Shafi Qamar exercised significant discretion in choosing CM after the assembly elections produced a hung house.
State Legislature — Vidhan Sabha and Vidhan Parishad
Rajasthan has a unicameral legislature with a single Vidhan Sabha of 200 seats. There is no Vidhan Parishad. Rajasthan is among the states that have only one House. Other unicameral states include Punjab, Haryana, Delhi (though Delhi has a legislative assembly with limited powers), and most other states. States with a bicameral legislature include Maharashtra, Karnataka, Bihar, and Uttar Pradesh which have both Vidhan Sabha and Vidhan Parishad.
The Vidhan Sabha under Article 170 is the popular chamber. Members are directly elected by adult suffrage from territorial constituencies. The strength varies by state population. The Delimitation Commission divides states into assembly constituencies. The Vidhan Sabha has a normal term of five years, though it can be dissolved earlier by the Governor under Article 174.
The Vidhan Parishad under Article 169 is a permanent House (not subject to dissolution) with one-third members retiring every two years. Its members are elected by members of the Vidhan Sabha (60 percent), elected members of local bodies (20 percent), graduates’ constituencies (20 percent), and teachers’ constituencies (20 percent). The Vidhan Parishad can be abolished by the state legislature if a resolution to that effect is passed by a two-thirds majority and approved by Parliament. The Council has limited powers. It can delay bills (other than Money Bills) for up to 4 months, but the Vidhan Sabha can override this delay.
Article 174 provides that the Governor convenes the state legislature sessions, prorogues them, and can dissolve the Vidhan Sabha. The Governor must call at least two sessions per year. The gap between two sessions cannot exceed six months.
President’s Rule under Article 356
The President’s Rule under Article 356 allows the President to assume to herself the functions of the state government if she is satisfied that the state cannot be governed in accordance with the Constitution. The most common trigger is when the state government loses the confidence of the Vidhan Sabha and the Governor reports this to the President.
The process is: the Governor reports to the President that a situation has arisen in which the state government cannot be carried on, the President proclaims President’s Rule on the Union Cabinet’s advice, the proclamation is laid before both Houses of Parliament and must be approved within two months, and if approved, the Governor administers the state with the help of the Union. The proclamation is initially for two months, extendable up to three years in stages.
The Bommai case fundamentally changed the practice of Article 356. The Court held that President’s Rule cannot be imposed merely because the governing party lost Lok Sabha elections at the national level, the Governor must give the state government an opportunity to prove its majority on the floor of the House before recommending President’s Rule, and the President cannot dismiss a state government for purely political reasons. Judicial review is available to examine the grounds for imposing President’s Rule.
The 44th Amendment in 1978 introduced safeguards including President’s Rule limited to 6 months initially, extension beyond 6 months requires a report from the Election Commission, and fresh elections must be held within 6 months if President’s Rule is extended.
Legislative Process in States
The legislative process in state legislatures mirrors the parliamentary process at the Union level. Ordinary Bills go through introduction, first reading, second reading with detailed debate and committee stage, third reading, and then Governor’s assent under Article 200.
Money Bills under Article 199 can only be introduced in the Vidhan Sabha on the recommendation of the Governor. The Vidhan Parishad where it exists can only make recommendations, which the Vidhan Sabha may accept or reject. The Vidhan Sabha’s decision prevails.
The Governor’s options when a bill is presented include giving assent so the bill becomes an Act, withholding assent (rare and unusual), returning the bill for reconsideration once if not a Money Bill, or reserving certain bills for the President’s consideration.
🔴 Extended — Deep Study (3mo+)
Comparative Analysis of Union and State Executives
The Union executive consists of the President, Prime Minister, and Cabinet. The state executive consists of the Governor, Chief Minister, and Council of Ministers. The parallel is direct. The President is the constitutional head of the Union, analogous to the Governor as constitutional head of the state. The Prime Minister is the real executive at the Union level, analogous to the Chief Minister at the state level.
Executive power is vested in the President under Article 53 and exercised on Cabinet advice. Executive power is vested in the Governor under Article 154 and exercised on CM’s advice. The President’s pardon power under Article 72 can pardon death sentences. The Governor’s pardon power under Article 161 cannot pardon death sentences. The President’s ordinance power under Article 123 can issue ordinances. The Governor’s ordinance power under Article 213 can issue ordinances.
The President’s Budget is presented to Parliament. The Governor’s Budget (state budget) is presented to the Vidhan Sabha. The President can impose National Emergency under Article 352. The President can impose President’s Rule in a state under Article 356 on the Governor’s report. The President appoints the Prime Minister as leader of the majority in Lok Sabha. The Governor appoints the Chief Minister as leader of the majority in the Vidhan Sabha.
Collective responsibility at the state level works identically to the Union: the entire Council of Ministers must resign if a vote of no-confidence is passed in the Vidhan Sabha. The Lok Sabha can be dissolved by the President on the Prime Minister’s advice. The Vidhan Sabha can be dissolved by the Governor on the Chief Minister’s advice.
Detailed Analysis of Ordinance-Making Power
Article 213 empowers the Governor to promulgate ordinances when the state legislature is not in session, if satisfied that circumstances exist requiring immediate action. The ordinance has the same force and effect as an Act but must be laid before the legislature within six weeks of reassembly.
Limitations on the ordinance power include that the Governor cannot issue an ordinance on a subject that the state legislature cannot legislate on (Union List subjects), cannot issue an ordinance on a Money Bill (money bills require legislative approval), cannot issue an ordinance without genuine emergency (courts have struck down ordinances issued without genuine emergency as colourable exercises of power in D.C. Kathiya vs. State of Gujarat in 2003), and cannot re-promulgate the same ordinance repeatedly without legislative approval (B.K. Mohapatra vs. State of Orissa in 1984).
The Court in SC Sharma vs. State of Bihar in 1977 examined whether the Governor’s satisfaction is subjective or objective and held it is subjective but can be examined if it was mala fide or based on no evidence. The Court in U.N.R. Krishna vs. State of Maharashtra in 1978 held that ordinance-making power is not a substitute for legislative process and can only be used for genuine emergencies.
Governor’s Role in State Formation
The Governor’s role in state formation is significant. Under Article 3, Parliament can by law increase or decrease the territory of a state, alter boundaries, and change the name of a state. The Governor’s consultation is not constitutionally required for creation of new states, but in practice the Governor’s views are sought through the state government.
When a new state is created, the Governor of the predecessor state may be consulted on the transition arrangements, law and order management, and administrative setup. When Uttarakhand was created in 2000, the Uttar Pradesh High Court was reorganised with a separate Uttarakhand High Court being established. The Governor of Uttar Pradesh played a transitional role.
The Governor’s role in state boundary changes is also mediated through the state government and the Union government. Inter-state border disputes like Karnataka vs. Maharashtra over Belgaum or Assam vs. Arunachal Pradesh are referred to the Supreme Court under Article 131, but the Governor of each state is involved in the initial stages of the dispute resolution.
Anti-Defection and Disqualification of MLAs
The Tenth Schedule added by the 52nd Amendment in 1985 sets out the anti-defection law. A member of a legislative party who abstains from voting or votes against the party whip, resigns from the party, or is expelled from the party may be disqualified from being a member of the legislature. The presiding officer (Speaker of the Vidhan Sabha or Chairman of the Vidhan Parishad) decides on disqualification. This decision can be appealed to the Governor in some states and ultimately to courts.
The 91st Amendment in 2003 made significant changes to the anti-defection law. It reduced the council of ministers to 15 percent of the assembly, introduced a stricter anti-defection regime, and changed the conditions for merger. If one-third of the members of a legislative party split from the original party and merge with another party, it is not treated as defection. This is the merger clause.
The Supreme Court’s constitution bench in Kihoto Hollohan vs. Zachillhu in 1992 upheld the anti-defection provisions but held that the Speaker’s decision is subject to judicial review. The Court held that the Tenth Schedule is valid but certain provisions needed interpretation regarding whether the anti-defection law could prevent a member from voting according to conscience in a floor test.
The 91st Amendment made it mandatory for the Chief Minister and other ministers to be members of the legislature within six months of assuming office, and introduced the rule that the total number of ministers in a state cannot exceed 15 percent of the total strength of the legislative assembly.
Practice Problems
A frequent examination question involves distinguishing between the Governor’s ordinance-making power and the legislative power of the state legislature. Students should note that the ordinance-making power is an emergency power to be used when the legislature cannot be convened. It cannot be used to bypass the legislature on substantive matters or to do what the legislature has refused to do.
Another common question involves the Governor’s discretionary powers in a hung assembly. Students should focus on the Bommai case guidelines: the Governor must give an opportunity to the largest party or coalition to form the government, the Governor must allow a floor test if the government claims it has a majority, and the Governor cannot dissolve the assembly and call for elections without giving the opposition an opportunity to form the government.
A question on the comparison between the President’s pardoning power and the Governor’s pardoning power should highlight that the Governor cannot pardon death sentences. Only the President can pardon death sentences under Article 72. The Governor’s power under Article 161 is limited to state offences and does not extend to the most severe punishment.
Previous year questions from RAS have asked about the appointment and powers of the Governor, the difference between the Governor’s ordinance-making power and the President’s ordinance-making power, the Chief Minister’s position and collective responsibility, the legislative process in state legislatures, the Bommai case and its impact on Article 356, the anti-defection law and the 91st Amendment, and the basic structure doctrine in the context of federalism.
⚠️ Exam Tips and Common Traps:
- The Governor cannot pardon death sentences. Article 161 allows pardon for state offences, but death sentences require Presidential pardon under Article 72.
- Article 356 President’s Rule was significantly limited by the Bommai case in 1994. The Governor must give the government an opportunity to prove its majority before recommending President’s Rule.
- Rajasthan is a unicameral state with only a Vidhan Sabha of 200 seats. The Vidhan Parishad exists only in some states.
- The Governor’s discretionary powers arise only in specific situations: hung assembly (choosing CM), dissolved assembly (advising on election timing), after no-confidence motions. In normal times, the Governor acts on the CM’s advice.
- Article 213 ordinances cannot be Money Bills. The Governor cannot issue ordinances on financial matters that require legislative approval.
- Collective responsibility at the state level works identically to the Union. The entire Council of Ministers must resign if a vote of no-confidence is passed in the Vidhan Sabha.
- The Governor’s address under Article 176 at the commencement of each session is analogous to the President’s address to Parliament.
- The Governor’s power to reserve bills for President’s consideration on certain subjects like印花 and excise and state High Court jurisdiction means the President can return bills for reconsideration but must eventually give assent or return them after reconsideration.