Polity · topic 6 of 11
Governor, Chief Minister & State Legislature
Part VI (Articles 152–237). Read it as a mirror of the Union — then learn the places where the mirror breaks: the Governor’s express discretion, the Legislative Council’s weakness, and the Governor’s narrower pardon.
The Governor
| Item | Rule |
|---|---|
| Appointment (Art. 155) | By the President by warrant — a Canadian feature; not elected |
| Qualification (Art. 157) | Citizen, 35 years |
| Term (Art. 156) | 5 years, but during the President’s pleasure; no grounds stated. B.P. Singhal (2010): removal cannot be arbitrary |
| Conditions (Art. 158) | Not a legislator; no office of profit; pay fixed by Parliament and not reduced during the term; one person can govern two or more States |
| Oath (Art. 159) | Administered by the Chief Justice of the High Court |
| Immunity (Art. 361) | Not answerable for official acts; no criminal proceedings or arrest during the term; civil suits for personal acts after 2 months’ notice |
Discretion — where the Governor differs from the President
- Art. 163(1) expressly mentions discretion; Art. 163(2): whether a matter is discretionary is the Governor’s call and cannot be questioned.
- Constitutional discretion: reserving a Bill for the President (Art. 200); recommending President’s rule (Art. 356); extra charge of a UT; Sixth Schedule royalty sharing (Assam, Meghalaya, Tripura, Mizoram); seeking information from the CM (Art. 167).
- Situational discretion: choosing a CM in a hung house; dismissing a ministry that has lost confidence; dissolving the Assembly.
- Nabam Rebia (2016): discretion is narrow — the Governor cannot call or advance a session on his own against the Cabinet’s advice. State of Tamil Nadu v Governor (2025): timelines for acting on Bills.
Governor vs President — quick contrasts
| Power | President | Governor |
|---|---|---|
| Pardon | Art. 72 — includes court-martial and death sentences | Art. 161 — no court-martial; can commute but not pardon a death sentence |
| Bills | Can return once (not money bills); pocket veto possible | Can reserve a Bill for the President — the President cannot pull it in himself |
| Ordinance | Art. 123 | Art. 213 — but needs the President’s instruction in certain cases |
| Emergency | Proclaims | No emergency power; only reports under Art. 356 |
| Nominations | 12 to the Rajya Sabha | 1/6 of the Legislative Council |
Chief Minister & Council of Ministers
- CM appointed by the Governor; ministers on the CM’s advice (Art. 164). Collectively responsible to the Legislative Assembly.
- Council size ≤ 15% of the Assembly, minimum 12 (91st Amendment).
- Tribal Welfare minister required in Chhattisgarh, Jharkhand, MP and Odisha (Art. 164(1); Bihar was dropped by the 94th Amendment, 2006).
- Advocate General (Art. 165): appointed by the Governor; qualified to be a HC judge; can speak in the House but not vote.
State legislature
| Legislative Assembly | Legislative Council | |
|---|---|---|
| Size | 60–500 (smaller exceptions: Sikkim 32, Goa 40, Mizoram 40) | ≤ 1/3 of the Assembly, ≥ 40 |
| Composition | Direct election | 1/3 by MLAs · 1/3 by local bodies · 1/12 graduates · 1/12 teachers · 1/6 nominated |
| Creation / abolition | — | Parliament, on the Assembly’s resolution by special majority (Art. 169) — not an amendment under Art. 368 |
| Power over bills | Final say | Can delay an ordinary bill up to 3 months + 1 month (4 months); Money Bill 14 days; no joint sitting |
| States with a Council (6) | — | Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka |
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| The President can reserve a State Bill on his own | Only the Governor reserves (Art. 200). |
| The Governor nominates the Council’s Chairman | The Council elects its own Chairman. |
| A Legislative Council can be larger than half the Assembly | Max 1/3. |
| The President appoints the Advocate General | The Governor does. |
| The Constitution never uses “discretion” | It does, for the Governor (Art. 163). |
| The Governor can pardon a death sentence | He can commute it; pardon is the President’s. |
For Mains
GS 2: role of the Governor (Sarkaria 1988, Punchhi 2010 recommendations), delay on Bills, use of Art. 356 (S.R. Bommai 1994), and whether Legislative Councils are worth keeping.
Real PYQs on this topic, solved
UPSC 2025 · Newest PYQ · Immunities
With reference to the Indian polity, consider the following statements:
- The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office; — ✓
- No criminal proceedings shall be instituted or continued against the Governor during his/her term of office; — ✓
- Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. — ✓
Answer (d): I, II and III
Remember: Art. 361 = President/Governor immunity (official acts + no criminal case during term) · Arts. 105/194 = speech immunity for MPs/MLAs.
UPSC 2025 · Newest PYQ · Governor’s discretion
Consider the following statements:
- The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. — ✓
- The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. — ✗
Answer (a): I only
Remember: Governor’s discretion = express (Art. 163) · President has no express discretion (Art. 74) · only the Governor reserves State Bills (Art. 200).
UPSC 2018 · Governor
Consider the following statements:
- No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office. — ✓
- The emoluments and allowances of the Governor of a State shall not be diminished during his term of office. — ✓
Answer (c): Both 1 and 2
Remember: Governor: term 5 years at the President’s pleasure (156) · pay not cut during term (158(4)) · no criminal case during term (361(2)).
UPSC 2015 · Legislative Council
Consider the following statements:
- The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State. — ✗
- The Governor of a State nominates the Chairman of Legislative Council of that particular State. — ✗
Answer (d): Neither 1 nor 2
Remember: Legislative Council: ≤ 1/3 of the Assembly, ≥ 40 · Chairman elected by the Council · created/abolished by Parliament (Art. 169).
UPSC 2009 · Advocate General
Consider the following statements:
- The Advocate General of a State in India is appointed by the President of India upon the recommendation of the Governor of the concerned State. — ✗
- As provided in Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level. — ✗
Answer (d): Neither 1 nor 2
Remember: AG (Art. 76) ← President · Advocate General (Art. 165) ← Governor · advisory jurisdiction = Supreme Court only (Art. 143).