Introduction
Part VI of the Constitution (Articles 152-237) deals with the government of the States, broadly mirroring
the structure of the Union — a Governor (like the President), a Chief Minister with a Council of Ministers
(like the PM/Cabinet), and a State Legislature (like Parliament) — though with important differences,
especially in the Governor's discretionary role.
Governor (Articles 153-162)
- Appointed by the President, holds office during the pleasure of the President — normal term is 5 years but can be removed/transferred anytime.
- Eligibility: Citizen of India, 35+ years; by convention, not appointed to their home state, and consulted with the CM before appointment.
- Can hold the office of Governor for two or more states simultaneously (post 7th Amendment, 1956).
Discretionary Powers of the Governor
| Situation | Discretion Exercised |
|---|
| Reserving a bill for President's consideration (Art. 200) | Governor's own discretion, though normally on ministerial advice |
| Appointment of CM when no party has a clear majority | Governor decides which leader is best placed to prove majority |
| Recommending President's Rule (Art. 356) | Governor's report on constitutional breakdown |
| Administration of Scheduled/Tribal Areas (5th/6th Schedule) | Special responsibility in certain states (e.g., Assam, Meghalaya) |
⚖️ Governor vs President — key difference: The President has no discretionary powers in normal functioning (bound by ministerial advice per Article 74), while the Governor does have limited situational discretion under Article 163 — a frequent point of confusion in UPSC questions.
Chief Minister and Council of Ministers (Articles 163-164)
- CM appointed by the Governor; other ministers appointed by the Governor on the CM's advice.
- Collectively responsible to the state Legislative Assembly.
- 91st Amendment, 2003: Total ministers (including CM) cannot exceed 15% of the total membership of the Legislative Assembly, with a minimum floor of 12 ministers.
Advocate General (Article 165)
The state's counterpart to the Attorney General — appointed by the Governor; must be qualified to be a High Court judge; advises the state government on legal matters.
State Legislature (Articles 168-212)
- Most states have a unicameral Legislature (only Vidhan Sabha); a few states have a bicameral Legislature (Vidhan Sabha + Vidhan Parishad) — e.g., Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana.
- Article 169 empowers Parliament to create or abolish a Legislative Council in a state, if the state's Assembly passes a resolution to that effect by a special majority.
Flowchart — Creating or Abolishing a Legislative Council (Art. 169)
State Legislative Assembly passes a resolution (special majority)
↓
Parliament enacts an ordinary law (simple majority) to create/abolish the Council
↓
Not treated as a constitutional amendment under Article 368
| House | Composition (Legislative Council example) |
|---|
| Vidhan Parishad (Council) | Not more than 1/3rd of the Assembly's strength, minimum 40; members elected by MLAs, local bodies, teachers, graduates, and some nominated by the Governor |
| Vidhan Sabha (Assembly) | Directly elected; max strength 500, min 60 (with some special exceptions like Sikkim, Goa, Mizoram) |
✅ UPSC Focus: Governor's discretionary powers vs President's near-total lack of discretion · Article 169 procedure for Legislative Councils · States currently having a Vidhan Parishad · 91st Amendment ceiling on state Council of Ministers.