State Government – NDA Polity Notes

How State Government Functions within India’s Federal System

India is a federal democracy. Power is shared between one Union Government and multiple State Governments, each governing their respective territories under the same Constitution. Every State has its own government operating on the same parliamentary principles as the Union: a nominal constitutional head, a real executive drawn from the legislature, and a State Legislature that makes laws for the State.

This chapter is Chapter P8’s constitutional mirror. Every Union institution has a State-level parallel, but the parallels are instructively imperfect. The Governor is not simply a smaller President. The Chief Minister is not simply a smaller Prime Minister. The differences between Union and State institutions are precisely where NDA concentrates its questions in this chapter.

Part 1: Constitutional Framework: Parliamentary Democracy at the State Level

The State Government operates under Part VI of the Constitution: Articles 152 to 237. These articles create the State executive, the State Legislature, and the High Courts. The constitutional principle is the same as at the Union level: parliamentary democracy places real executive power in elected representatives while maintaining a constitutional head.

Constitutional Parallel	Union Level	State Level
Constitutional Head (Nominal Executive)	President of India	Governor of the State
Real Executive Head	Prime Minister	Chief Minister
Council of Ministers	Union Council of Ministers (Art. 74)	State Council of Ministers (Art. 163)
Legislature: Lower House	Lok Sabha (House of the People)	Legislative Assembly (Vidhan Sabha)
Legislature: Upper House (optional)	Rajya Sabha (exists for all)	Legislative Council (exists in 6 States only)
Law Officer	Attorney General (Article 76)	Advocate General (Article 165)
Bills Procedure	Article 111 (President’s options)	Article 200 (Governor’s options)
Legislative Privileges	Article 105 (Members of Parliament)	Article 194 (State Legislature members)
Disqualification from legislature	Article 102	Article 191

★ IMPORTANT  The Union-State parallel structure is the conceptual backbone of this chapter. Every State provision has a Union mirror. Where NDA tests a State provision, it tests whether students know the exact article and can distinguish the State version from its Union counterpart. Chief Distinction: Governor is APPOINTED by President (not elected like President of India).

Exam Recall Article/Provision: Articles 152–237 (Part VI) Theme: State Government: Constitutional Framework Key Facts: Parliamentary democracy at State level | Nominal executive (Governor) + Real executive (CM + CoM) | Mirrors Union structure but with important differences | States make laws on State List + Concurrent List NDA Trap: Governor is APPOINTED by President: not elected. This single difference means Governor serves at President’s pleasure: unlike the President who has fixed 5-year term.

Part 2: The Governor

Why does every State have a Governor? Three constitutional reasons: (1) the Governor is the State’s nominal executive head, as every State law must receive gubernatorial assent; (2) the Governor is the Centre’s constitutional representative in the State: the link between the Union and State governments; and (3) the Governor has genuine discretionary powers in situations where the normal parliamentary machinery has broken down (hung assembly, government refusing to resign after losing confidence).

Appointment and Term: Articles 155 and 156

The Governor of a State is appointed by the President of India under Article 155. The Governor is not elected. There is no electoral college for the Governor’s appointment. This is the single most fundamental difference from the President of India.

The Governor holds office for a term of five years under Article 156 However, this five-year term is not fixed the way the President’s term is fixed. The Governor holds office during the pleasure of the President. The President can remove a Governor before the five years are up. The President can also transfer a Governor from one State to another.

IMPORANT ARTICLE CLARIFICATION  Article 155 = Governor’s APPOINTMENT. Article 156 = Governor’s TERM and TENURE. Article 165 = ADVOCATE GENERAL of the State (has NOTHING to do with the Governor). This distinction was directly tested by NDA 2010-II.

Sarkaria Commission: Recommendation on Governor’s Appointment

The Sarkaria Commission on Centre-State Relations (1983–87), chaired by Justice R.S. Sarkaria, recommended that the Governor of a State should be:

• A non-political person who has not taken an active part in politics in recent years.

• Appointed only after consultation with the Chief Minister of the State concerned.

Both elements of the Sarkaria Commission’s recommendation were confirmed as correct in NDA 2010-II. [NDA 2010-II]

IMPORTANT: If the Sarkaria Commission’s recommendation on CM consultation were given constitutional status, it would require amending Articles 155 and 156: the provisions governing the Governor’s appointment and tenure. NDA 2010-II tested a false statement that this would require amending *Article 165*. Article 165 has nothing to do with the Governor’s appointment: it provides for the Advocate General of the State. This is the most consequential article-confusion trap in this chapter. [NDA 2010-II]

Current constitutional position vs Sarkaria recommendation: Under the current Constitution (Article 155), the President appoints the Governor without any constitutional requirement to consult the Chief Minister. The CM consultation is a Sarkaria Commission recommendation: it is policy advice, not a constitutional requirement. Students must distinguish between what the Commission recommended and what the Constitution currently requires.

★ IMPORTANT  Article 165 = Advocate General. Articles 155 and 156 = Governor (appointment and term). Never confuse them. The Sarkaria Commission’s recommendation would require amending Articles 155/156, not Article 165.  [NDA 2010-II]

Aid and Advice: Article 163

Article 163 states that there shall be a Council of Ministers to aid and advise the Governor, and the Governor shall act in accordance with such advice, except in so far as he is required to exercise his functions in his discretion. This “except” clause gives the Governor more genuine discretion than the President possesses. The President’s 44th Amendment binding by CoM advice leaves very little discretion; the Governor’s Article 163 discretion is constitutionally wider.

The Governor’s Discretionary Powers

Type of Discretion	Situations
Constitutional Discretion (expressly provided)	Article 200: reserving Bills for President’s consideration (mandatory for Bills derogating HC powers); Article 356: recommending President’s Rule to the Centre; Appointment of Chief Ministers in certain multi-party situations; Seeking information from the CM on State affairs (Article 167)
Situational Discretion (arises from circumstances)	Appointing CM when no party has a clear Assembly majority after elections; Dismissing a government that has lost majority but refuses to call a floor test; Dissolving the State Legislature when the government has lost confidence and advises dissolution

★ IMPORTANT  The Governor’s discretion is the constitutional feature that distinguishes the gubernatorial role from the purely ceremonial position of the President. The Governor has genuine decision-making authority in situations of political uncertainty: unlike the President who is almost completely bound by CoM advice.

Governor as the Centre-State Constitutional Link

The Governor serves as the constitutional link between the Union and the State. The Governor receives State Cabinet decisions, submits reports to the Centre on State affairs, recommends the imposition of President’s Rule when constitutional governance fails, and acts as the State’s administrator during President’s Rule. This linkage function makes the Governor constitutionally different from the President: the Governor is simultaneously the State’s head and the Centre’s representative.

Exam Recall Article/Provision: Articles 153–162, 163, 165 Theme: Governor of the State Key Facts: Appointed by President (Article 155) | Term: 5 years at pleasure of President (Article 156): not fixed | Article 165 = Advocate General (NOT Governor) | Sarkaria Commission: non-political + CM consultation | Article 163: CoM aids and advises; Governor has discretion in specified matters | Centre-State link; recommends President’s Rule NDA Trap: NDA 2010-II: Sarkaria recommendation would require amending Articles 155/156, not Article 165. Statement II was FALSE because it said Article 165: Advocate General’s article has nothing to do with the Governor.

Part 3: Governor vs President: The Parallel Comparison

This comparison table is one of the chapter’s two anchor tables. Know every dimension, as NDA regularly tests Union-State parallels and the Governor-President relationship is the most important of these.

Dimension	President of India	Governor of State
Constitutional articles	Articles 52–62, 72–74	Articles 153–162, 163, 200
Appointed by	Elected by electoral college (elected MPs + elected MLAs): democratic process	Appointed by the President: no electoral process; no State-level consent required
Term	5 years: FIXED term; cannot be removed before term without impeachment	5 years: BUT serves at pleasure of President; can be removed anytime, transferred, given additional charge of another State
Removal	Impeachment under Article 61: either House of Parliament; 2/3rds of total membership	Removed by President at pleasure: no impeachment process for Governor
Aid and Advice	Article 74: Acts on Council of Ministers’ advice; 42nd Amendment: bound by advice; very limited discretion	Article 163: Acts on CoM advice EXCEPT in matters where Constitution requires discretion: wider genuine discretion than President
Powers over Bills	Article 111: assent, withhold, return (non-Money Bills), reserve for President	Article 200: assent, withhold, return (non-Money Bills only), reserve for President: same four options
Emergency/President’s Rule	PROCLAIMS President’s Rule (Article 356) on Governor’s report	RECOMMENDS President’s Rule to the Centre; administers State during President’s Rule
Dual role / Additional functions	Head of Union only	Can be given charge of additional States; acts as administrator of adjacent Union Territory
Sarkaria Commission	N/A for Presidential appointment	Recommended non-political character + CM consultation before appointment (not yet constitutionalised)

★ IMPORTANT  Most testable contrasts: (1) Governor is APPOINTED: President is ELECTED; (2) Governor serves at President’s PLEASURE: President has fixed 5-year term; (3) Governor has MORE genuine discretion than President; (4) Governor RECOMMENDS President’s Rule: President PROCLAIMS it.

Part 4: Chief Minister and Council of Ministers

Why is the Chief Minister the real executive? For the same reason the Prime Minister is the real Union executive: the CM commands the majority in the State Legislative Assembly and thus has the democratic mandate to govern. The Governor is the formal head; the CM is the governing force.

Appointment and Constitutional Position

The Chief Minister is appointed by the Governor under Article 164. By constitutional convention, the Governor appoints the leader of the party or coalition commanding a majority in the State Legislative Assembly. Other Ministers are appointed by the Governor on the CM’s advice: mirroring how the President appoints Union Ministers on the PM’s advice.

The Council of Ministers is collectively responsible to the Legislative Assembly (Article 164(2)), the State-level equivalent of Article 75(3) for the Union. If the Assembly passes a no-confidence motion, the entire Council must resign.

Article 167: CM’s Communication Obligation

Article 167 imposes a specific duty on the Chief Minister: the CM must communicate to the Governor all decisions of the Council of Ministers relating to the administration of State affairs and proposals for legislation, and must furnish such information relating to the administration of State affairs as the Governor may call for.

This Article 167 obligation is the State-level equivalent of Article 78 which imposes the same communication duty on the Prime Minister toward the President. Students who have studied P8 (Union Executive) will find Article 167 immediately recognisable: it is the same constitutional logic, applied at the State level.

Chief Minister vs Prime Minister: Comparison

Dimension	Prime Minister	Chief Minister
Appointed by	President of India (Article 75)	Governor of State (Article 164)
Commands majority in…	Lok Sabha (House of the People)	State Legislative Assembly (Vidhan Sabha)
Council of Ministers responsible to…	Lok Sabha (Article 75(3))	State Legislative Assembly (Article 164(2))
Communication obligation	Article 78: PM communicates Cabinet decisions to President	Article 167: CM communicates Cabinet decisions to Governor
Portfolio determination	PM determines Ministers’ portfolios and rank	CM determines Ministers’ portfolios and rank
Real executive?	Yes: real head of Union Government	Yes: real head of State Government

Article 167 (CM) mirrors Article 78 (PM). Article 164 (CM appointment) mirrors Article 75 (PM appointment). Article 164(2) (collective responsibility to Assembly) mirrors Article 75(3) (collective responsibility to Lok Sabha). The constitutional structure is identical: only the level differs.

Part 5: State Legislature

Every State has a Legislature constituted under Article 168. The State Legislature consists of the Governor and either one or two Houses of the Legislature. All States have a Legislative Assembly (Vidhan Sabha) , the directly elected lower house. Only six States currently have a Legislative Council (Vidhan Parishad) , also called an upper house.

Dimension	Legislative Assembly (Vidhan Sabha)	Legislative Council (Vidhan Parishad)
Exists in…	ALL States (mandatory)	6 States only (UP, Maharashtra, Karnataka, Bihar, Andhra Pradesh, Telangana)
How members are chosen	Directly elected by voters through adult franchise	1/3rd elected by MLAs; 1/3rd by local bodies; 1/12th by teachers; 1/12th by graduates; 1/6th nominated by Governor
Term	5 years (subject to dissolution by Governor on CM’s advice)	Permanent body: cannot be dissolved; each member serves 6 years; 1/3rd retire every 2 years
Speaker/Chairman	Speaker elected by Assembly members	Chairman elected by Council members
Role on Money Bills	Primary house: Money Bills introduced only here	No power over Money Bills in States with bicameral legislatures
Creation/Abolition	Cannot be abolished	Created/abolished by Parliament on State Assembly resolution (Article 169)

★ IMPORTANT Legislative Council mirrors Rajya Sabha: permanent body; cannot be dissolved; 6-year terms; 1/3rd retire every 2 years. But unlike Rajya Sabha (which always exists), the Legislative Council exists only in 6 States and can be created or abolished.

Part 6: Legislative Council: Why Only Six States Have One

Why do some States have a Legislative Council? The case for a Legislative Council mirrors the case for the Rajya Sabha: it acts as a deliberative check on the directly elected Assembly; it provides a forum for experts, teachers, and local body representatives who may not win direct elections; and it ensures continuity of the legislature even when the Assembly is dissolved. India leaves this choice to the States: but not to the States alone. The constitutional mechanism requires both the State Assembly and Parliament to act. Neither alone is sufficient.

Article 169: The Constitutional Procedure

Pathway Tested	Constitutional Verdict
Parliament after State Assembly passes resolution (Article 169)	CORRECT: this is the only constitutionally valid pathway
Parliament alone (without Assembly resolution)	WRONG: Assembly resolution is a constitutional prerequisite; Parliament cannot act unilaterally
Parliament on the Governor’s recommendation	WRONG: the Governor has no initiating role in this process; the Assembly must initiate
Governor on the Council of Ministers’ recommendation	WRONG: the Governor has NO power to create or abolish a Legislative Council under any circumstances

★ IMPORTANT  NDA 2010-II tested all four pathways simultaneously. Three are wrong in subtly different ways: Parliament alone (missing the Assembly resolution); Parliament on Governor’s recommendation (wrong initiating institution); Governor on CoM recommendation (Governor has no such power at all). Only “Parliament after Assembly resolution” is correct.  [NDA 2010-II]

Current Bicameral States:

Six States with Legislative Councils (Vidhan Parishad): as of 2025:

• Uttar Pradesh

• Maharashtra

• Karnataka

• Bihar

• Andhra Pradesh

• Telangana (inherited Council from Andhra Pradesh when bifurcated in 2014)

Exam Recall Article/Provision: Article 169 Theme: Legislative Council: Creation and Abolition Key Facts: State Assembly resolution (special majority) → Parliament enacts law (Article 169) | Neither Parliament alone nor Governor can create/abolish a Council | 6 bicameral States: UP, Maharashtra, Karnataka, Bihar, AP, Telangana | Council = permanent body (cannot be dissolved); 6-year terms; 1/3rd retire every 2 years NDA Trap: NDA 2010-II: Four options tested: correct = Parliament after Assembly resolution. Wrong options: Parliament alone; Parliament on Governor’s recommendation; Governor on CoM recommendation. Governor has NO power to create or abolish a Legislative Council.

Part 7: Speaker of the State Legislative Assembly

Why does the Speaker continue in office even after the Assembly is dissolved? Constitutional continuity. When an Assembly is dissolved and a new one has not yet been constituted, someone must be available to oversee any residual parliamentary business and to formally hand over to the new Assembly’s presiding officer. The Constitution solves this by keeping the Speaker in office during the inter-election gap.

Election and Tenure

The Speaker is elected by the members of the State Legislative Assembly from among themselves, the same process as for the Lok Sabha Speaker. The Speaker holds office for the duration of the Assembly’s five-year term.

Speaker’s Constitutional Continuity After Dissolution

When the State Legislative Assembly is dissolved, the Speaker does NOT immediately vacate office. The Speaker continues in office until immediately before the first sitting of the new Assembly constituted after the general election. [NDA 2012-I]

The Speaker vacates office only when they cease to be a member of the Assembly, which occurs when the new Assembly is constituted and the Speaker either does not contest the election, contests and loses, or is not re-elected as Speaker by the new Assembly. The continuity of the Speaker’s office across dissolution is a deliberate constitutional design for institutional stability.

★ IMPORTANT  Speaker does NOT immediately vacate office when Assembly is dissolved. Speaker continues until just before the first sitting of the new Assembly. NDA 2012-I tested the false proposition that the Speaker immediately vacates: that statement is incorrect.  [NDA 2012-I]

Parliamentary Privileges: Article 194

Members of State Legislative Assemblies and Councils enjoy freedom of speech and immunity from court proceedings. Article 194 provides that no member shall be liable to any proceeding in any court in respect of anything said or any vote given in the legislature or any committee thereof. [NDA 2012-I]

Article 194 is the State-level mirror of Article 105 (which provides the same protection to Members of Parliament). NDA 2012-I confirmed Article 194 as a correct statement. The immunity does apply to State Legislature members, not just to MPs.

Article 194 = State Legislature members’ freedom of speech and immunity from court proceedings. Article 105 = same protection for Members of Parliament. Both articles use the same formulation: no member liable to court proceedings for anything said or voted in the legislature.  [NDA 2012-I]

Part 8: Article 200: Governor’s Powers Over Bills

When a Bill is passed by the State Legislature and presented to the Governor, the Governor has four options There are four options, not two and not three. NDA 2013-I confirmed all four as correct. Students who learn only the assent/withhold binary miss the reservation and return dimensions of gubernatorial power.

Governor’s Option	Constitutional Consequence	Key Restriction
Give Assent	Bill becomes State law immediately upon Governor’s assent	No restriction: Governor may give assent to any Bill
Withhold Assent	Bill does not become law; Governor does not return it (pocket veto in practice)	Constitutionally contested for Money Bills; can be exercised for most other Bills
Reserve for President	President decides: may give assent, withhold assent, or direct Governor to return Bill to legislature for reconsideration	Mandatory for Bills that derogate from the powers of the High Court; discretionary for others
Return for Reconsideration	Governor returns Bill (with or without a message) to the legislature; legislature may reconsider with or without amendments; if passed again, Governor MUST give assent	ONLY available for non-Money Bills. Cannot be used for Money Bills. If legislature passes the Bill again, Governor cannot withhold assent.

★ IMPORTANT  NDA 2013-I confirmed all three tested options correct (withhold; reserve for President; return for reconsideration). Answer was (d): 1, 2, and 3 all correct. The most critical restriction: return-for-reconsideration is NOT available for Money Bills.  [NDA 2013-I]

Exam Recall Article/Provision: Article 200 Theme: Governor’s Bill Powers Key Facts: FOUR options: (1) Assent: Bill becomes law; (2) Withhold Assent; (3) Reserve for President; (4) Return for Reconsideration (NON-MONEY BILLS ONLY) | If legislature passes same Bill again after return, Governor MUST give assent NDA Trap: Article 200 gives Governor FOUR options: assent, withhold, reserve for President, return for reconsideration. The return-for-reconsideration option is ONLY for non-Money Bills.  [NDA 2013-I]

Part 9: Advocate General of the State

In P8, the Attorney General was tested across five NDA papers. In P9, the Advocate General has appeared as a confirmed exam trap. NDA 2010-II tested Article 165 as a distractor for the Governor’s appointment articles. This chapter must teach what Article 165 actually contains, both as positive knowledge and as misconception prevention.

Dimension	Attorney General of India	Advocate General of the State
Constitutional Article	Article 76	Article 165
Level	Union Government	State Government
Appointed by	President of India	Governor of the State
Qualification	Same as Supreme Court judge (citizen; HC judge 5 years OR HC advocate 10 years OR distinguished jurist)	Same as High Court judge (HC judge 5 years OR HC advocate 10 years)
Primary duty	Advise Government of India on legal matters; appear in courts on behalf of GOI	Advise State Government on legal matters; appear in courts on behalf of State Government
Right of audience	ALL courts in India (SC + all HCs + all other courts)	All courts in the State + Supreme Court
Parliamentary/Legislature right	Speaks and participates in either House; does NOT vote	May speak in State Legislature; does NOT vote
Relationship to Governor	No relationship: appointed by President	Appointed by Governor; legal advisor to State Government

IMPORTANT ARTICLE CLARIFICATION  Article 165 = ADVOCATE GENERAL (State-level law officer appointed by Governor). Article 165 has NOTHING to do with the Governor’s appointment or tenure. Governor’s appointment = Article 155; Governor’s term = Article 156. This is the most critical article-number distinction in the chapter.  [NDA 2010-II]

Part 10: Article 191: Disqualification from State Legislature

Under Article 191, a person is disqualified for being chosen as, and for being, a member of either the Legislative Assembly or Legislative Council of a State if the person holds any office of profit under:

Office of profit under the Government of India OR any State Government → Disqualified from State Legislature

Both categories trigger the disqualification. Holding an office of profit under the Government of India disqualifies a person from State Legislature membership just as much as holding one under a State Government. The scope is symmetric and is not limited to State-level offices. [NDA 2024-I]

Article 191 mirrors Article 102 (which disqualifies members from Parliament membership on the same grounds). Both articles use the identical formula: “Government of India OR any State Government.” Both levels of government trigger the disqualification, at both the Union and State levels.

Disqualification Ground	Article 102 (Parliament)	Article 191 (State Legislature)
Office of profit under…	Government of India OR any State Government	Government of India OR any State Government
Unsound mind	Yes (declared by competent court)	Yes
Undischarged insolvent	Yes	Yes
Not a citizen of India / acquired foreign citizenship	Yes	Yes
Anti-Defection (Tenth Schedule)	Yes: Speaker of Lok Sabha decides (or Chairman for RS)	Yes: Speaker of Assembly decides

★ IMPORTANT  NDA 2024-I: Both “Government of India” AND “any State Government” trigger disqualification under Article 191. Students who reason that only State Government offices should disqualify State legislators will answer incorrectly. The formula is symmetric at both levels of government, both Union and State levels.  [NDA 2024-I]

Part 11: President’s Rule (Article 356)

When the constitutional machinery of a State fails and the government cannot be run in accordance with the Constitution, the President may assume the functions of the State Government. This is called President’s Rule, State Emergency, or Constitutional Emergency. It is imposed under Article 356.

Dimension	President’s Rule: Key Facts
Constitutional basis	Article 356: failure of constitutional machinery in a State
Triggering authority	President acts on Governor’s report OR on President’s own satisfaction
Parliamentary approval	Proclamation must be approved by both Houses of Parliament within 2 months; thereafter renewed every 6 months (maximum 3 years with SC approval for continuance beyond 1 year)
Effects	State government dissolved; Governor administers State on behalf of President; Parliament assumes State Legislature’s legislative powers; State Council of Ministers dissolved
Sarkaria Commission recommendation	Use Article 356 as a last resort only; not for political reasons; Governor’s report must be objective
Bommai case (1994)	S.R. Bommai v. Union of India: Supreme Court held that Article 356 cannot be used for political reasons; the correct mechanism to test majority is a floor test in the Assembly; courts can judicially review the imposition of President’s Rule
Governor’s role during President’s Rule	Administers State on behalf of the President; implements President’s directives; is the effective head of the State administration

★ IMPORTANT  President’s Rule connects the Governor to Centre-State relations. The Governor is both the person who recommends it (before) and the person who administers during it. The Bommai case’s constraint: courts can review imposition: is the most important judicial development in this area.

Part 12: Constitutional Relationship Matrix

This six-column matrix integrates all State Government institutions into one revision reference.

Office	Appointed By	Advises	Responsible To	Constitutional Article	Union Parallel
Governor	President of India	Acts on CoM advice (with discretion) | Article 163	Constitution and President (pleasure of President)	Articles 153–162, 163, 200	President of India (Articles 52–62, 111)
Chief Minister	Governor (by convention: Assembly majority leader)	Advises Governor on all matters | Article 164	State Legislative Assembly (no-confidence motion)	Article 164, 167	Prime Minister (Articles 74, 75, 78)
Council of Ministers	Governor on CM’s advice | Article 164	Collectively advises Governor | Article 163	State Legislative Assembly (Article 164(2))	Articles 163–164	Union Council of Ministers (Articles 74–75)
Speaker	Elected by Assembly members	N/A: presides; does not advise	Assembly (can be removed by majority of all Assembly members)	Articles 178–179, 194	Lok Sabha Speaker (Articles 93–94, 105)
Advocate General	Governor | Article 165	Advises State Government on legal matters	Governor (holds office during pleasure of Governor)	Article 165	Attorney General (Article 76)
Legislative Assembly	Directly elected by voters	N/A: exercises legislative power	Voters (through elections); accountable to public	Articles 168, 170–174	Lok Sabha (Articles 81, 331)

★ IMPORTANT  The Advocate General is appointed by the GOVERNOR (not President). Article 165 = Advocate General. Article 76 = Attorney General (Union). This confirms again that Article 165 relates to the State’s law officer: not to the Governor.

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