The same design, one level down
A state government is built on the same pattern as the Union government.
The Union has a President as head of state and a Prime Minister who runs the government. A state has a Governor as head of state and a Chief Minister who runs the government. The Union has Parliament; a state has a State Legislature.
The provisions sit in Part VI, Articles 152 to 237, and they deliberately mirror the Union chapters.
The President is elected. The Governor is appointed by the President — which in practice means chosen by the Union government. This single difference shapes almost everything contested about the office.
The Governor
Article 153 requires a Governor for each state. The same person may be appointed Governor of two or more states — which happens often for smaller states and union territories.
| Detail | |
|---|---|
| Appointed by | The President — in effect, the Union government |
| Minimum age | 35 years |
| Qualification | Citizen of India; must not be a member of any legislature or hold an office of profit |
| Term | Five years, but holds office during the pleasure of the President |
| Removal | May be removed or transferred by the President at any time; no impeachment procedure exists |
| Oath administered by | The Chief Justice of the High Court of that state |
The Governor's five-year term is not secure. Article 156 says the Governor holds office during the pleasure of the President, which means the Union government can remove a Governor at any time without stating a reason. There is no equivalent of presidential impeachment. This is the sharpest criticism made of the office.
A Governor can be transferred from one state to another, and can be reappointed. Neither is possible for the President.
Powers of the Governor
The Governor's powers mirror the President's at state level, and are likewise exercised on the advice of the state Council of Ministers under Article 163.
| Type | What it covers |
|---|---|
| Executive | Appoints the Chief Minister and other ministers, the Advocate General, and members of the State Public Service Commission |
| Legislative | Summons, prorogues and dissolves the state legislature; addresses it; nominates members to the Legislative Council where one exists; gives assent to bills; promulgates ordinances under Article 213 |
| Financial | Money Bills need the Governor's prior recommendation; the state Budget is laid before the legislature in the Governor's name |
| Judicial | Grants pardon, reprieve, respite, remission and commutation under Article 161 for offences against state law |
Article 161 is narrower than the President's power under Article 72. A Governor cannot pardon a death sentence and has no power over court-martial cases. Both belong to the President alone.
Discretionary powers
The Governor normally acts on ministerial advice. But Article 163 contains words the President's Article 74 does not: the Governor acts on advice except where he is required to act in his discretion.
That phrase gives the office real independent power in a handful of situations.
- Reserving a bill for the President's consideration under Article 200
- Recommending President's Rule in the state under Article 356
- Appointing a Chief Minister when no party has a clear majority
- Dismissing a ministry that has lost the confidence of the Assembly but refuses to resign
- Seeking information from the Chief Minister about administration
When a Governor reserves a bill for the President, the President may assent, withhold assent, or return it. If returned and passed again by the state legislature, the President is still not bound to assent — unlike the Governor, who must assent on a second passage.
Does the Governor have discretionary powers that the President does not?
Yes. Article 163 expressly preserves the Governor's discretion in specified matters, while Article 74 binds the President to ministerial advice with no such general exception.
The Chief Minister
The Chief Minister heads the state government, exactly as the Prime Minister heads the Union government.
| Detail | |
|---|---|
| Appointed by | The Governor, who by convention appoints the leader of the majority party in the Assembly |
| Minimum age | 25 if a member of the Legislative Assembly, 30 if a member of the Legislative Council |
| Membership | Need not be a member when appointed, but must become one within six months |
| Responsibility | The Council of Ministers is collectively responsible to the Legislative Assembly |
| Ministry size | Capped at 15% of Assembly strength, with a minimum of 12 — 91st Amendment |
The 91st Amendment (2003) set a floor as well as a ceiling in the states — no fewer than 12 ministers, no more than 15% of Assembly strength. The Union has only a ceiling.
The State Legislature
Not every state has two Houses. Most have only one.
| Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) | |
|---|---|---|
| Exists in | Every state | Only some states |
| Election | Directly elected by the people | Indirectly elected and partly nominated |
| Strength | 60 to 500 members | Not more than one-third of the Assembly's strength, and never fewer than 40 |
| Minimum age | 25 years | 30 years |
| Term | 5 years, can be dissolved | 6 years, permanent body, one-third retiring every two years |
| Money Bills | Originate here only | Can delay a Money Bill by only 14 days |
Article 169 allows Parliament to create or abolish a state's Legislative Council — but only if the State Legislative Assembly passes a resolution by a special majority first. The state initiates; Parliament acts. Several states have created and later abolished their Councils.
The Council's powers are weak. Where the Rajya Sabha has genuine authority over ordinary bills, a Legislative Council can only delay — it cannot block. An ordinary bill it rejects can be passed again by the Assembly after a gap, and it becomes law regardless.
There is no joint sitting to resolve a deadlock between the two Houses of a state legislature, unlike Parliament under Article 108. The Assembly simply prevails after the delay period.
How states differ from the Union
The comparisons that get asked directly.
| Union | State | |
|---|---|---|
| Head of state | President — elected | Governor — appointed by the President |
| Removal of head | Impeachment under Article 61 | No procedure — holds office during the President's pleasure |
| Pardoning power | Article 72 — includes death sentences and court martial | Article 161 — neither death sentences nor court martial |
| Discretion | Article 74 binds the President to advice | Article 163 preserves the Governor's discretion |
| Upper house | Rajya Sabha — in every case | Legislative Council — only in some states |
| Deadlock between Houses | Joint sitting under Article 108 | No joint sitting — the Assembly prevails |
| Ministry size | 15% ceiling | 15% ceiling with a floor of 12 |
Important articles
The articles that carry state government.
| Article | What it provides |
|---|---|
| Article 153 | A Governor for each state |
| Article 155 | Governor appointed by the President |
| Article 156 | Governor holds office during the pleasure of the President |
| Article 161 | Pardoning power of the Governor |
| Article 163 | Council of Ministers to aid and advise the Governor, except in his discretion |
| Article 164 | Chief Minister appointed by the Governor; ministry capped at 15% of Assembly strength |
| Article 165 | Advocate General for the state |
| Article 167 | Duties of the Chief Minister towards the Governor |
| Article 168 | Constitution of the state legislature |
| Article 169 | Creation or abolition of a Legislative Council |
| Article 200 | Assent to bills; the Governor may reserve a bill for the President |
| Article 213 | Ordinance power of the Governor |
| Article 356 | President's Rule on the Governor's report |
The President is elected and secure. The Governor is appointed and removable. Every other difference between the two offices — discretion, pardoning power, term security — follows from that one fact.
Sarojini Naidu was India's first woman Governor, appointed to the United Provinces in 1947. She was also the first Indian woman to serve as President of the Indian National Congress.
The Sarkaria Commission (1988) recommended that a Governor should be an eminent person from outside the state, not active in politics recently, and appointed after consulting the Chief Minister. The recommendation has never been made binding.
Delhi and Puducherry have their own Legislative Assemblies and Chief Ministers despite being union territories. Delhi's administrator is called the Lieutenant Governor, not a Governor.
Can the same person be Governor of more than one state?
Yes. Article 153 expressly allows one person to be appointed Governor of two or more states, which happens often with smaller states and union territories.
Everything on one look
The Governor's position, discretionary powers, and how the state legislature differs from Parliament.
- State government — Articles 152 to 237
- Governor's minimum age is 35 years
- The Governor's term is 5 years, held at the President's pleasure
- Legislative Assembly — 60 to 500 members
- Legislative Council — at most one-third of Assembly strength, never below 40
- A Council can delay a Money Bill by only 14 days
- State ministry — 15% ceiling with a floor of 12
- The Governor is appointed, not elected
- There is no impeachment procedure for a Governor
- Article 163 preserves discretion the President does not have
- A Governor cannot pardon a death sentence
- Only some states have a Legislative Council
- No joint sitting exists at state level
- Article 169 governs creating or abolishing a Council
- The Governor is appointed by the President, not elected — the President is elected
- A Governor holds office during the pleasure of the President and can be removed at any time
- No impeachment procedure exists for removing a Governor
- Article 161 does not allow a Governor to pardon a death sentence or a court-martial case
- Article 163 gives the Governor discretion that Article 74 denies the President
- Not every state has a Legislative Council — most have only an Assembly
- Article 169 requires the state Assembly to act first before Parliament creates or abolishes a Council
- There is no joint sitting to resolve deadlock in a state legislature
- A Legislative Council can only delay a bill, never block it
- The state ministry cap has a floor of 12 as well as a 15% ceiling
- Articles 152 to 237 of the Constitution deal with state government
- Article 153 requires a Governor for each state, and one person may serve two or more states
- The Governor is appointed by the President, unlike the President who is elected
- A Governor must have completed 35 years and be a citizen of India
- The Governor's term is five years, but the office is held during the pleasure of the President
- No impeachment procedure exists for removing a Governor
- The Chief Justice of the High Court administers the oath to the Governor
- Article 161 gives the Governor pardoning power for offences against state law
- A Governor cannot pardon a death sentence or a court-martial case — only the President can
- Article 163 allows the Governor to act in his discretion in specified matters
- Article 200 allows the Governor to reserve a bill for the President's consideration
- Article 213 gives the Governor power to promulgate ordinances when the legislature is not in session
- The Chief Minister is appointed by the Governor, who by convention picks the majority leader
- A state Council of Ministers is collectively responsible to the Legislative Assembly
- The 91st Amendment capped state ministries at 15% of Assembly strength, with a floor of twelve
- A Legislative Assembly has between 60 and 500 members
- A Legislative Council can have at most one-third of the Assembly's strength
- Only some states have a Legislative Council — every state has an Assembly
- Article 169 allows Parliament to create or abolish a Council after the Assembly resolves to do so
- A Legislative Council can delay a Money Bill by only fourteen days
- No joint sitting exists to resolve deadlock between the two Houses of a state legislature
- Sarojini Naidu was India's first woman Governor, appointed to the United Provinces in 1947
- The Sarkaria Commission (1988) recommended appointing Governors from outside the state
- Delhi and Puducherry have their own Assemblies and Chief Ministers despite being union territories
- Delhi's administrator is called the Lieutenant Governor, not a Governor
- One person can be Governor of two or more states under Article 153
- A Governor can be transferred or reappointed, neither of which is possible for the President