State executive & legislature

The Governor: Articles 153-162

The State executive under Part VI consists of the Governor, the Chief Minister and Council of Ministers, and the Advocate-General (Article 165). Article 153 mandates a Governor for each State; the Seventh Constitutional Amendment Act, 1956 permits one person to be Governor of two or more States. The Governor is appointed by the President under Article 155 by warrant under his hand and seal, holds office during the President's pleasure (Article 156) for a term of five years, and must be a citizen of India who has completed 35 years (Article 157). The office is not elected and not an agent of the Centre in the sense the Sarkaria Commission (1988) cautioned against politicisation; nonetheless the Governor is a nominee of the Union.

Executive power and discretion

Article 154 vests the executive power of the State in the Governor, exercised on the aid and advice of the Council of Ministers under Article 163(1). Unlike the President, the Governor possesses constitutional discretion: Article 163(1) itself carves out functions "required to exercise his discretion," and Article 163(2) makes his judgment on what is discretionary final. Discretionary domains include reservation of a Bill for the President (Article 200), recommending President's Rule (Article 356), appointing a Chief Minister in a hung Assembly, and dismissing a ministry that has lost confidence. Special responsibilities arise under Article 371 provisions for tribal and disturbed areas (e.g., Article 371A Nagaland, 371C Manipur).

Ordinance, pardon and assent powers

Under Article 213 the Governor may promulgate ordinances when the legislature is not in session, subject to instructions from the President in specified cases. Article 161 confers the pardoning power for offences against laws on State subjects; in Epuru Sudhakar v. State of A.P. (2006) the Supreme Court held this power is judicially reviewable. On assent, Article 200 gives the Governor four choices: assent, withhold assent, return a non-money Bill for reconsideration, or reserve the Bill for the President. The Supreme Court in State of Punjab v. Principal Secretary to the Governor (2023) and State of Tamil Nadu v. Governor (2025) held that a Governor cannot sit indefinitely on Bills; the 2025 judgment prescribed timelines and invoked Article 142 to deem Bills assented to where the Governor delayed unreasonably, holding inaction subject to judicial review.

Chief Minister and Council of Ministers

Article 164 provides the Chief Minister is appointed by the Governor and other ministers appointed on the CM's advice; ministers hold office during the Governor's pleasure. Article 164(1A), inserted by the 91st Amendment Act, 2003, caps the Council at 15% of Assembly strength, minimum 12. Article 164(2) makes the Council collectively responsible to the Legislative Assembly. A minister who is not a member of either House for six consecutive months ceases to be a minister (Article 164(4)). The CM communicates Cabinet decisions to the Governor under Article 167.

Composition: Articles 168-177

Article 168 provides that every State has a legislature comprising the Governor and one or two Houses. Bicameral States have a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad); the rest are unicameral. As of 2024 six States retain a Council: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh. Article 169 lets Parliament create or abolish a Council if the State Assembly passes a resolution by a special majority — used to abolish Tamil Nadu's Council (1986) and to create Telangana's (2014).

The Legislative Assembly

Under Article 170 the Assembly has between 60 and 500 members directly elected from territorial constituencies; the figures are frozen until the first census after 2026 by the 84th Amendment Act, 2001 (later 2026 horizon via the 87th Amendment, 2003 on 2001 census). The Assembly's normal term is five years (Article 172), extendable by one year during a Proclamation of Emergency. The Speaker and Deputy Speaker are governed by Articles 178-179; anti-defection disqualifications under the Tenth Schedule are decided by the Speaker, whose decisions are reviewable per Kihoto Hollohan v. Zachillhu (1992).

The Legislative Council

Article 171 fixes Council strength at not more than one-third of the Assembly and not fewer than 40. Composition is indirect: roughly 1/3 elected by local bodies, 1/3 by sitting MLAs, 1/12 by graduates, 1/12 by teachers, and the remainder (about 1/6) nominated by the Governor from persons distinguished in literature, science, art, cooperative movement and social service. The Council is a permanent body; one-third retire every two years (Article 172). It is a revising chamber with weak powers — on ordinary Bills it can delay only, and on Money Bills (Article 198) it can recommend changes for 14 days but cannot block.

Legislative procedure and privileges

Article 196 governs the introduction of Bills; Article 197 defines the Council's limited power over non-money Bills. The Governor's assent under Article 200 completes enactment. Article 199 defines a Money Bill at the State level, mirroring Article 110, with the Speaker's certificate final. Articles 202-207 cover the State budget (Annual Financial Statement), Consolidated Fund and appropriation. Members enjoy privileges under Article 194 — freedom of speech in the House and immunity from court proceedings for anything said or voted, parallel to Article 105 at the Union.

State and the courts

The Advocate-General (Article 165), appointed by the Governor, is the highest law officer of the State and has the right to speak in both Houses (Article 177) but cannot vote. Article 212 bars courts from inquiring into proceedings on grounds of irregularity of procedure, preserving legislative autonomy.

Why this matters for the exam

The State executive and legislature is among the highest-yield segments of GS Paper II (Mains) under "functions and responsibilities of the Union and the States" and of Prelims polity. The Governor's office is a perennial flashpoint and therefore an examiner's favourite, blending static articles with live current affairs.

Prelims targeting

Prelims rewards article-number precision. Commit these anchors: Article 153 (Governor for each State), 154 (executive power), 155 (appointment by President), 156 (pleasure doctrine, 5-year term), 161 (pardon), 163 (discretion), 164 (CM and 15% cap via 91st Amendment), 165 (Advocate-General), 169 (creation/abolition of Council), 170 (Assembly 60-500), 171 (Council composition fractions), 200 (assent), 213 (ordinance). A 2017 Prelims item tested the manner of constituting a Legislative Council; the 1/3-1/3-1/12-1/12-1/6 split is examinable verbatim. Distinguish Council election categories — graduates and teachers constituencies are unique to the Council.

Mains targeting and PYQ angle

Mains rewards balanced analysis grounded in commissions and cases. The 2018 GS-2 question — "Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi?" — signals the recurring discretion-versus-accountability theme. Marshal the Sarkaria Commission (1988), Punchhi Commission (2010), S.R. Bommai v. Union of India (1994) on Article 356 and floor tests, Nabam Rebia v. Deputy Speaker (2016) on the Governor's limited discretion in summoning the House, and the Tamil Nadu Governor case (2025) on assent timelines. The high-value argument: the Governor must act on ministerial advice save for the narrow discretionary exceptions, and discretion is not arbitrariness — it is reviewable.

For the 15-mark answer, structure as: constitutional scheme (Articles 163, 200, 356) → the problem (delays, partisan use) → judicial correctives → commission recommendations → a reasoned way forward. Retain the high-yield fact that the Governor holds office "during the President's pleasure" with no fixed security of tenure, which the Supreme Court in B.P. Singhal v. Union of India (2010) held cannot be exercised arbitrarily or for political reasons.