State Government
Overview
State Government forms a critical pillar of India's federal structure, mirroring the Union setup at the state level. The Constitution dedicates Part VI (Articles 152-237) to states, establishing the Governor as constitutional head, the Chief Minister as real executive, a state legislature for lawmaking, and a judiciary headed by the High Court.
For UPSC Prelims, this topic frequently appears in questions about Governor's discretionary powers, comparative analysis of state vs. central structures, the legislative process at state level, and special provisions under Articles 370 and 371. Understanding the nuances—especially where state arrangements differ from the Centre—is essential. The 2019 abrogation of Article 370 and the ongoing debates about Governor-CM relations make this a current affairs-heavy zone.
Students must grasp both the constitutional text and practical controversies: Can a Governor dismiss a CM? What happens during President's Rule? How do special provisions for northeastern states differ from J&K's erstwhile status?
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Key Concepts
- **Governor is not elected but appointed** by the President (Article 155), serving at the President's pleasure with no fixed tenure security—unlike the President who can only be impeached.
- **Chief Minister is appointed by the Governor** (Article 164) but must command majority support in the Legislative Assembly; the CM is the real executive head while the Governor is nominal.
- **State Legislature can be unicameral or bicameral**—only 6 states have Legislative Councils (Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, Uttar Pradesh); Parliament can create or abolish Councils under Article 169.
- **High Court is not subordinate to the Supreme Court** administratively; it supervises all subordinate courts in the state and has original, appellate, and writ jurisdiction.
- **Article 370 (now inoperative)** gave J&K special autonomy with a separate constitution; abrogated on 5 August 2019 through a Presidential Order and parliamentary resolution.
- **Article 371 series (371 to 371-J)** provides special provisions for 11 states covering matters like tribal areas, local administration, and development boards—these remain operative.
- **Governor's discretionary powers** arise in specific situations: hung assembly, recommending President's Rule, reserving bills, tribal area administration.
- **Council of Ministers is collectively responsible to the Legislative Assembly** (Article 164), not to the Governor—parallel to Union arrangement.
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Key Facts / Must-Remember Points
| Aspect | Detail | |--------|--------| | Governor's Qualifications | Citizen of India, 35 years age, not member of either House of Parliament or State Legislature, no office of profit | | Governor's Term | 5 years (pleasure doctrine applies); can be transferred, removed without reasons | | Money Bills in State | Governor's prior recommendation required; Legislative Council can only delay for 14 days | | Ordinance Power (Article 213) | Governor can promulgate when legislature not in session; requires CM's advice (except discretionary matters) | | President's Rule (Article 356) | Governor's report triggers it; state legislature suspended or dissolved; maximum 3 years with parliamentary approval every 6 months | | Article 371-A | Nagaland—special protection for Naga customary law, religious practices; Parliament cannot legislate on these without State Assembly consent | | Article 371-G | Mizoram—similar protections for Mizo customary law and land | | Advocate General | Appointed by Governor; highest law officer of state; holds office during Governor's pleasure | | Legislative Council Composition | 1/3rd elected by MLAs, 1/3rd by local bodies, 1/12th by teachers, 1/12th by graduates, 1/6th nominated by Governor |
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Worked Examples
**Example 1: Hung Assembly Scenario**
*Situation:* Election results show Party A with 95 seats, Party B with 90 seats, Party C with 25 seats in a 210-member assembly. No party has majority (106 seats).
*Governor's Action:* 1. First invite largest party (Party A) to form government 2. Ask Party A's leader to prove majority on the floor within reasonable time (typically 7-15 days) 3. If Party A fails, invite Party B or post-poll alliance claiming majority 4. Cannot use personal preference—must follow Sarkaria Commission and Bommai judgment guidelines
*Key Principle:* Floor test is the ultimate determinant, not Governor's subjective assessment.
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**Example 2: Article 370 Abrogation Mechanism**
*Question:* How was Article 370 made inoperative when it required J&K Constituent Assembly's recommendation for abrogation?
*Answer:*
- J&K Constituent Assembly dissolved in 1957 after adopting state constitution
- President issued C.O. 272 (August 2019) under Article 370(1), amending Article 367 to substitute "Constituent Assembly" with "Legislative Assembly"
- Since J&K was under President's Rule, Parliament acted as State Legislature
- Parliament passed resolution recommending abrogation
- President issued C.O. 273 declaring Article 370 inoperative
- Upheld by Supreme Court in December 2023
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**Example 3: Ordinary Bill vs. Money Bill in Bicameral State**
*Ordinary Bill:* Can originate in either House → If passed by one, sent to other → If disagreed, goes to joint sitting? **No**—there is no joint sitting provision for state legislatures. If Council rejects or amends, Assembly can pass it again; Council can delay only for 4 months total (3 months + 1 month).
*Money Bill:* Can only originate in Assembly → Council has 14 days to return with recommendations → Assembly may accept or reject recommendations → Bill deemed passed.
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Common Mistakes
- **Assuming Governor must follow CM's advice always** → Governor has discretionary powers in specific situations (hung assembly, tribal areas, recommending President's Rule, Sixth Schedule administration). Don't overgeneralize.
- **Confusing Article 356 with Article 365** → 356 is failure of constitutional machinery; 365 is failure to comply with Union directions. Both can lead to President's Rule but grounds differ.
- **Believing joint sitting exists for state legislatures** → Unlike Parliament (Article 108), there is no joint sitting provision for resolving deadlock between Legislative Assembly and Council.
- **Thinking Article 370 is "deleted"** → Technically, Article 370 still exists in the Constitution but all its clauses except Clause 1 are inoperative. It now only declares that J&K is part of India.
- **Treating all Article 371 provisions as identical** → Each sub-article (371-A through 371-J) has state-specific provisions. Nagaland's protections differ significantly from Maharashtra's development board provisions.
- **Assuming High Courts are created by Constitution** → Constitution provides for High Courts, but new High Courts (like Telangana, 2019) are established by Parliament under Article 214 read with Article 3.
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Quick Reference
1. **Governor = President's appointee; CM = Legislature's choice**
2. **6 states have Legislative Councils**: UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana
3. **Article 356 maximum duration**: 3 years (6 months + extensions with parliamentary approval)
4. **Legislative Council delay power**: 4 months for ordinary bills, 14 days for money bills
5. **Article 370 abrogated**: 5 August 2019; upheld by SC in December 2023
6. **Governor's discretionary areas**: Hung assembly, President's Rule report, reserving bills, Sixth Schedule administration