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- Governor: appointed by the President (Article 155), holds office during the President's pleasure (Article 156); minimum age 35.
- The 7th Amendment (1956) allows one person to be Governor of two or more states.
- Governor's oath is administered by the Chief Justice of the state High Court (Article 159).
- Governor can suspend, remit or commute a death sentence but cannot pardon it (Article 161).
- A bill endangering the High Court's position must be reserved for the President (Article 200).
- State ministers: at most 15% of Assembly strength, at least 12 (Article 164(1A)).
- Legislative Council: created or abolished by Act of Parliament after an Assembly resolution (Article 169); size at most one-third of the Assembly, at least 40.
- No joint sitting in states: the Assembly prevails over the Council on ordinary bills.
The Governor (Articles 153–162)
Each state has a Governor (Article 153), in whom the executive power of the state is vested (Article 154). Like the President, the Governor is a constitutional head who normally acts on ministerial advice. Unlike the President, the Governor is also the agent of the Centre in the state.
- Appointment: by the President by warrant under hand and seal (Article 155). This Canadian model replaced the idea of an elected Governor.
- Tenure: holds office during the pleasure of the President (Article 156), normally five years. There is no impeachment. In B. P. Singhal (2010) the Supreme Court held that removal cannot be arbitrary.
- Qualifications (Article 157): citizen of India and at least 35 years old.
- Same person for two or more states: allowed by the 7th Amendment, 1956.
- Oath (Article 159): administered by the Chief Justice of the High Court of the state, or in his absence the senior-most judge available.
Powers of the Governor
| Power | Details |
|---|---|
| Pardoning (Article 161) | Can pardon, reprieve, respite, remit, suspend or commute sentences for offences against state law. Cannot pardon a death sentence (only the President can), though can suspend, remit or commute it. No power over court-martial sentences. |
| Ordinance (Article 213) | When the Legislature is not in session; lapses six weeks after it reassembles. |
| Assent to bills (Article 200) | May give assent, withhold assent, return a non-money bill for reconsideration, or reserve the bill for the President. Reservation is compulsory if the bill would endanger the position of the High Court. |
| Discretion (Article 163) | Acts on the advice of ministers except where the Constitution requires him to act in his discretion — for example reserving bills and reporting to the President under Article 356. The President has no such constitutional discretion. |
| Appointments | Chief Minister and ministers, Advocate General (Article 165), State Election Commissioner, members of the State Public Service Commission |
Chief Minister and Council of Ministers (Article 164)
- The Governor appoints the Chief Minister, and other ministers on the CM's advice. The leader of the majority in the Assembly is appointed CM; if no one has a clear majority, the Governor uses discretion.
- The Council of Ministers is collectively responsible to the Legislative Assembly.
- The 91st Amendment, 2003 caps the Council of Ministers, including the CM, at 15% of the Assembly's total strength, with a floor of 12.
- A non-member can be a minister for six months only, unless elected in that time.
- The Advocate General (Article 165) must be qualified to be a High Court judge and holds office during the Governor's pleasure. It is the state counterpart of the Attorney General.
The State Legislature (Articles 168–212)
Article 168: the state Legislature consists of the Governor and one or two Houses. Most states are unicameral. Six states have a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka.
| Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) | |
|---|---|---|
| Strength | Not more than 500, not less than 60 (Article 170); a few small states are exempted | Not more than one-third of the Assembly, not less than 40 (Article 171) |
| How chosen | Direct election | Mostly indirect, plus nominated members |
| Minimum age | 25 years | 30 years |
| Term | Five years, unless dissolved earlier | Permanent; one-third retire every second year; members serve six years |
| Presiding officer | Speaker | Chairman (elected from its members) |
Composition of a Legislative Council
- One-third elected by members of local bodies (municipalities, district boards and others).
- One-twelfth elected by graduates of at least three years' standing living in the state.
- One-twelfth elected by teachers of at least three years' standing in schools not lower than secondary level.
- One-third elected by the Assembly from people who are not its members.
- The rest (about one-sixth) nominated by the Governor from literature, science, art, cooperative movement and social service.
Creating or abolishing a Council (Article 169)
Parliament can create or abolish a Legislative Council by an ordinary law if the state Assembly first passes a resolution by a special majority: a majority of its total membership and two-thirds of members present and voting. Such a law is not treated as an amendment of the Constitution under Article 368.
Bills in a bicameral state
- Money Bills start only in the Assembly. The Council can hold one for 14 days and only make recommendations.
- Ordinary bills: if the Council rejects or delays a bill passed by the Assembly, the Assembly can pass it again. The Council can then hold it for one more month, after which it is deemed passed. The Council can delay a bill at most three months the first time and one month the second time.
- There is no joint sitting in states, unlike Article 108 for Parliament. The Council is therefore far weaker than the Rajya Sabha.
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