Every state is run on the same plan as the Union. The Governor is the head of the state, like the President. The Chief Minister runs the government, like the Prime Minister. The State Legislature makes the state's laws, like Parliament. All of this is in Part VI of the Constitution.
The Governor: who and how
Appointed, not elected, and holds office at the President's pleasure.
Article 153 says there shall be a Governor for each state. The 7th Amendment (1956) allowed one person to be Governor of two or more states. The Governor is the nominal head of the state. Real power lies with the Chief Minister and the Council of Ministers.
The President is elected, but the Governor is appointed by the President (Article 155). In practice the Union government chooses. The Constituent Assembly preferred this because an elected Governor could clash with the elected Chief Minister.
| Point | Rule |
|---|---|
| Appointment | By the President by warrant under his hand and seal (Article 155). |
| Term | 5 years, but holds office during the pleasure of the President (Article 156). |
| Qualifications | Citizen of India, at least 35 years old (Article 157). |
| Conditions | Not a member of any legislature; no office of profit. Pay fixed by Parliament (Article 158). |
| Oath | Given by the Chief Justice of the state High Court (Article 159). |
| Resignation | Written to the President. |
| Removal | No impeachment. The President can remove or transfer him at any time. |
The Governor's five-year term is not secure. The President, acting on Union advice, can remove him without giving a reason. The Supreme Court (B. P. Singhal case, 2010) said this power still cannot be used in an arbitrary way, for example just because a new party wins at the Centre.
The Governor's powers and discretion
Four kinds of power, plus a few decisions he takes on his own.
The Chief Minister, other ministers, the Advocate General, the State Election Commissioner and State PSC members.
Summons and prorogues the legislature, dissolves the Assembly, gives assent to bills, issues ordinances (Article 213).
No Money Bill or demand for grants without his recommendation. The state budget is laid in his name.
Can pardon, reprieve, respite, remit or commute sentences for offences against state law (Article 161).
Most of these powers are used on the advice of the Council of Ministers (Article 163).
- Bill passed by the legislatureIt goes to the Governor.
- Governor's four choicesAssent, withhold assent, return it for reconsideration (not a Money Bill), or reserve it for the President.
- If returned and passed againThe Governor must assent.
- If reserved (Article 201)The President may assent or withhold. He can ask the House to reconsider within 6 months, but even then he is not bound to assent.
The Council of Ministers aids and advises the Governor "except in so far as he is required … to exercise his functions … in his discretion". The President has no such clause. Common cases: reserving a bill for the President, reporting for President's Rule (Article 356), choosing a Chief Minister in a hung Assembly, and dismissing a ministry that has lost its majority. If a doubt arises whether a matter is discretionary, the Governor's decision is final (Article 163(2)).
Ordinances (Article 213): the Governor can issue one only when the legislature is not in session. It must be approved within 6 weeks of the House meeting again, or it lapses. Like the President's ordinance, it is issued on ministerial advice.
Court rulings and the 2025 assent debateTap to open
- S. R. Bommai (1994): a ministry's majority must be tested on the floor of the House, not by the Governor's opinion.
- B. P. Singhal (2010): the President may remove a Governor without reasons, but not arbitrarily.
- Tamil Nadu case (April 2025): a two-judge bench set time limits for Governors to act on bills.
- Presidential reference (November 2025): a five-judge bench said courts cannot fix deadlines and there is no "deemed assent". But long, unexplained delay can be reviewed by a court, which may ask the Governor to act.
The Sarkaria Commission (1988) said a Governor should be an eminent person from outside the state, not recently active in politics, chosen after consulting the Chief Minister. The Punchhi Commission (2010) suggested removing the words "during the pleasure of the President". Neither has been made law.
The Chief Minister and Council of Ministers
Articles 163, 164 and 167: the real executive of the state.
The Chief Minister is the real head of the state government. Article 164 says the Governor appoints the Chief Minister, and the other ministers on the CM's advice. By convention the Governor appoints the leader the majority party's MLAs elect. If no one has a clear majority, the Governor uses discretion and may ask the new CM to prove his majority on the floor.
| Point | Rule |
|---|---|
| Non-member minister | Must become an MLA or MLC within six months (Article 164(4)). |
| Answerable to | Collectively responsible to the Legislative Assembly (Article 164(2)). |
| Size | At most 15% of Assembly strength, but at least 12 (Article 164(1A), 91st Amendment). |
| Oath | Given by the Governor: oath of office and secrecy. |
| CM's duty | Tell the Governor all Cabinet decisions and give information he asks for (Article 167). |
| Tribal welfare minister | Must exist in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. |
Advocate General (Article 165): the state's top lawyer. Appointed by the Governor, must be qualified to be a High Court judge, and holds office at the Governor's pleasure. He can speak in the state legislature but cannot vote.
- India's first woman Governor
- Known as the Nightingale of India
- India's first woman Chief Minister
- Punjab's first woman Chief Minister
Also asked: when a CM dies, and the Governor's rankTap to open
The State Legislature
Every state has a Vidhan Sabha; only six have a Vidhan Parishad.
Under Article 168, a state legislature is the Governor plus one or two Houses. The Legislative Assembly (Vidhan Sabha) is the lower House, directly elected. A few states also have a Legislative Council (Vidhan Parishad). Articles 168 to 212 cover the state legislature.
- Council make-up: one-third elected by local bodies, one-third by MLAs, one-twelfth by graduates, one-twelfth by teachers, one-sixth nominated by the Governor.
- One-third of Council members retire every 2 years.
- On an ordinary bill the Council can only delay it: up to 3 months the first time and 1 month the second. There is no joint sitting in a state.
- The Speaker decides whether a bill is a Money Bill. Money Bills cannot start in the Council (Article 198).
- The gap between two sessions cannot be more than 6 months (Article 174).
- State Assembly passes a resolutionBy a majority of total membership and two-thirds of members present and voting.
- Parliament passes a lawBy a simple majority. It is not treated as a constitutional amendment under Article 368.
- Council created or abolishedExample: Tamil Nadu abolished its Council in 1986; Punjab in 1970.
Punjab's government and legislature
One House, 117 seats, and a Governor with an extra job.
Punjab has a unicameral legislature: only the Vidhan Sabha, with 117 seats, 34 of them reserved for Scheduled Castes. Punjab once had a Legislative Council, but it was abolished on 1 January 1970. The Governor of Punjab also works as the Administrator of Chandigarh, the Union Territory that is the capital of both Punjab and Haryana.
- 1952Two Houses
Punjab starts with a Vidhan Sabha and a Legislative Council.
- 1956PEPSU merges
The Assembly grows as PEPSU joins Punjab.
- 1966Reorganisation
Haryana is carved out; Punjab's Assembly shrinks.
- 1970Council abolished
From 1 January 1970 Punjab has one House only.
- 1977117 seats
The Vidhan Sabha reaches its present size of 117.
Everything on one look
Articles, numbers and the Union–state differences.
- Governor: 35 years, 5-year term
- State ministry: 15% cap, minimum 12
- Assembly: 60 to 500; Council: 40 to one-third
- Ages: MLA 25, MLC 30
- Council: one-third retire every 2 years
- Max gap between sessions: 6 months
- 153: a Governor for each state
- 155/156: appointment; pleasure of President
- 161: pardon; 163: advice and discretion
- 164: CM and ministers; 167: CM's duties
- 169: create or abolish a Council
- 200/201: assent and reservation; 213: ordinance
- The Governor is appointed by the President, not by the Union Cabinet or elected by MLAs.
- The Governor's oath is given by the High Court Chief Justice, not the CJI or the President.
- The Governor resigns to the President; his pay is fixed by Parliament.
- One Governor for two or more states came with the 7th Amendment (1956).
- MLA minimum age is 25; MLC is 30; Governor is 35.
- A Council can be at most one-third of the Assembly, not half.
- Article 169 needs the Assembly to act first; Parliament then uses a simple majority.
- Punjab's Council was abolished in 1970; Punjab is unicameral.
- There is no joint sitting in a state legislature.
- Part VI: the states
- State executive: Articles 153–167
- State legislature: Articles 168–212
- Governor appointed by: the President
- Governor's oath: High Court Chief Justice
- Same Governor for 2+ states: 7th Amendment
- Governor's discretion: Article 163
- Assent to state bills: Article 200
- Bills reserved for President: Article 201
- Governor's ordinance: Article 213
- CM's duties to Governor: Article 167
- Advocate General: Article 165
- First woman Governor: Sarojini Naidu
- First woman CM: Sucheta Kripalani
- Punjab Vidhan Sabha: 117 seats
- Punjab Council abolished: 1 January 1970
A state Assembly passes a bill that cuts the powers of the High Court. The Governor also wants to return a Money Bill for changes. What can he do in each case?
Show answer
A bill that weakens the High Court must be reserved for the President under Article 200; the President then decides under Article 201. A Money Bill cannot be returned for reconsideration; the Governor can only assent, withhold assent or reserve it.