Rahul’s

a blue print o f success

POLITY HANDOUT 07

THE STATE

Dated. 22.08.2025

THE STATE GOVERNMENT

SUPPLEMENT TO CLASS LECTURES

(STATE EXECUTIVE)

INTRODUCTION: CONSTITUTIONAL FRAMEWORK OF STATE GOVERNANCE

The Indian Constitution, in establishing a federal system of governance,

demarcates powers and functions between the Union and the States. While the
Union Government administers matters of national importance, the States have their
own administrative apparatus to govern local and regional affairs. The structure of
State Governments is provided in Part VI (Articles 153 to 167) of the Constitution,
which is uniformly applicable to all States, including the erstwhile State of Jammu
and Kashmir (abrogation of Article 370).

The Constitution provides a parliamentary form of government at the State level,

mirroring the model adopted at the Centre. This implies that the Governor is the
constitutional head of the State, much like the President at the Union level, and is
expected to act on the aid and advice of the Council of Ministers, headed by the
Chief Minister. However, there are specific provisions where the Governor is
empowered to act in his or her discretion, without being bound by ministerial advice
[Article 163(1)].

COMPOSITION OF THE STATE EXECUTIVE

The State Executive, as defined under Articles 153 to 167, comprises the following
constitutional functionaries:

1. Governor – The nominal executive head of the State.

2. Chief Minister – The real executive head of the State Government.

3. Council of Ministers – Headed by the Chief Minister, aids and advises the
Governor.

4. Advocate General – The highest law officer of the State.

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There is no equivalent of the Vice-President at the State level. The Governor is
the sole constitutional head, assisted by the above-mentioned authorities in the
functioning of the State Government.

THE GOVERNOR

Constitutional Status and Role

The Governor serves as the constitutional head of a State, representing both the
State and the Union. He/she exercises executive powers in the name of the
Governor [Article 154(1)], although these are generally carried out based on the
advice of the Council of Ministers.

The Governor's role is dual in nature:

• He/she functions as the constitutional head of the State Government.

• He/she acts as the representative of the President of India (i.e., the Union
Government).

Thus, the Governor is both a symbol of State sovereignty and a link between the
Union and the State.

Appointment of Governor

Unlike the President of India, who is indirectly elected, the Governor is appointed
by the President [Article 155]. This appointment is not based on an electoral
process, but through Presidential nomination under the seal and hand of the
President.

The appointment mechanism reflects the unitary bias of the Indian federal
structure, aimed at ensuring national unity and coordination between Centre and
States.

In Hargovind Pant v. Raghukul Tilak (1979), the Supreme Court held that the
office of the Governor is an independent constitutional post, and not a post
under the Central Government. Hence, the Governor cannot be regarded as a
Government of India employee and is not subordinate to the Union.

Qualifications for Appointment [Article 157]

A person shall be eligible for appointment as Governor if he/she:

1. Is a citizen of India.

2. Has completed the age of 35 years.

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There is no requirement regarding education, residence, or political experience.
However, certain conventions and recommendations have developed over time to
refine the process (discussed under the Sarkaria Commission).

Conditions of Office [Article 158]

1. The Governor shall not be a member of Parliament or the State

Legislature. If appointed, he/she is deemed to have vacated such
membership upon assuming office.

2. He/she shall not hold any other office of profit simultaneously.

3. The Governor is entitled to:

o Official residence (Raj Bhavan), without paying rent.

o Emoluments and allowances, as decided by Parliament.

o Immunity from legal proceedings for official acts.

4. His/her salary and allowances cannot be reduced during the term of office.

5. If one person is appointed Governor for more than one State, the expenses
are proportionately shared among the States, as determined by the
President.

As per the Finance Act, 2018, the Governor’s monthly salary was revised to ₹3.5
lakh, effective from 1 January 2016.

Oath or Affirmation [Article 159]

Before entering office, the Governor must take an oath administered by the Chief
Justice of the High Court of the concerned State (or the senior-most judge
available in his/her absence). The Governor pledges to:

• Faithfully execute the office.

• Preserve, protect, and defend the Constitution and the law.

• Serve the people of the State.

Tenure and Removal [Article 156]

Term of Office

The Governor holds office for a term of five years, but serves at the pleasure of
the President, meaning he/she may be removed earlier without assigning any

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reason. The term is not guaranteed and may be extended until a successor assumes
office.

Resignation and Reappointment

• A Governor may resign by submitting a letter to the President.

• There is no bar on reappointment; a person may be appointed as Governor

multiple times or in different States.

• A sitting Governor can be transferred to another State.

In Surya Narain v. Union of India (1981), the Supreme Court ruled that the
President's pleasure is not subject to judicial review, and the Governor has no
security of tenure.

Why Appointment Instead of Election?

The Draft Constitution initially proposed direct election of the Governor. However,
the Constituent Assembly decided in favour of appointment by the President for
the following reasons:

1. Direct election would contradict the parliamentary system adopted at the

State level.

2. It may lead to power struggles between the Governor and the Chief Minister.

3. It would involve huge expenditure and administrative burden for a

ceremonial post.

4. It might politicise the office and compromise neutrality.

5. It could foster regionalism and separatist tendencies, affecting national

unity.

Thus, India followed the Canadian model of appointment, rejecting the American
model of elected Governors.

Criticism of Nomination

Despite the rationale, critics argue that:

• A nominated Governor may lack knowledge of local issues.

• There is scope for partisan behaviour, especially if the Centre and State are
ruled by different parties.

• It may result in Centre-State friction and reduce democratic legitimacy.

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Sarkaria Commission Recommendations (1983–88)

To address these concerns, the Sarkaria Commission recommended that:

1. The Governor should be:

o Eminent in public life.

o From outside the State.

o Politically neutral, not active in recent politics.

2. The ruling party at the Centre should avoid appointing its politicians as
Governors in opposition-ruled States.

3. Consultation with the Chief Minister must be made a constitutional

requirement by amending Article 155.

4. The Vice-President and Lok Sabha Speaker should be informally consulted

in the process.

Powers And Functions of The Governor

The Governor, as the nominal executive head of a State, performs functions

similar to those of the President of India at the Union level. However, there are
several distinctions. The Governor’s powers can be classified into the following
broad categories:

1. Executive Powers

2. Legislative Powers

3. Financial Powers

4. Judicial Powers

5. Discretionary Powers

6. Emergency Powers (limited compared to the President)

The Governor does not possess powers relating to foreign affairs, defence, or
national emergency, as those lie within the exclusive domain of the Union
Government.

1. Executive Powers

The executive powers of the Governor are derived primarily from Article 154,
which states that the executive power of the State shall be vested in the
Governor, to be exercised either directly or through officers subordinate to him/her.

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Key Executive Functions:

1. Administration in the Governor's Name:

o All executive actions of the State are formally expressed to be taken in

the name of the Governor.

o He/she may make rules for the more convenient transaction of

business and for the allocation of such business among Ministers
[Article 166].

2. Appointment of Chief Minister:

o The Governor appoints the leader of the majority party (or coalition) in
the State Legislative Assembly as the Chief Minister [Article 164(1)].

o In case of a hung assembly, the Governor may exercise discretion in

selecting the Chief Minister.

3. Appointment of Council of Ministers:

o The Governor appoints other Ministers on the advice of the Chief

Minister.

o The Ministers hold office during the pleasure of the Governor,

although this is interpreted as pleasure of the Assembly, as per
parliamentary conventions.

4. Appointment of Advocate General:

o The Governor appoints the Advocate General for the State, who
advises on legal matters and holds office at the pleasure of the
Governor [Article 165].

5. Tribal Welfare Minister:

o Under Article 164(1), the Governor is required to appoint a Minister in

charge of Tribal Welfare in the States of Chhattisgarh, Jharkhand,
Madhya Pradesh, and Odisha.

o Bihar was removed from this requirement by the 94th Constitutional

Amendment Act, 2006.

6. Appointments to Key Offices:

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 o State Election Commissioner: Appointed by the Governor; can only
be removed in the manner prescribed for removal of a High Court
judge [Article 243K].

o Chairperson and Members of State Public Service Commission

(SPSC): Appointed by the Governor; removed only by the President
[Article 316–317].

o District Judges: Appointed by the Governor in consultation with the

High Court [Article 233].

o Other Judicial Officers: Appointed in consultation with the State

Public Service Commission and the High Court [Article 234].

7. Request for Information:

o The Governor can call for information from the Chief Minister on any
matter relating to the administration of State affairs [Article 167(b)].

8. Reconsideration of Council's Decisions:

o The Governor may require the Chief Minister to place before the
Council of Ministers any matter previously decided by an individual
Minister [Article 167(c)].

9. Chancellor of Universities:

o The Governor functions as Chancellor of State universities in many

States, empowered to appoint Vice-Chancellors, and preside over
convocations and meetings.

10. President’s Rule (Article 356):

• The Governor plays a crucial role in recommending President’s Rule in the

State if he/she believes the constitutional machinery has broken down.

2. LEGISLATIVE POWERS

The Governor is an integral part of the State Legislature [Article 168], akin to the
President’s role in Parliament. These powers relate to the Legislative Assembly,
and where applicable, the Legislative Council.

Key Legislative Functions:

1. Summoning and Dissolution:

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 o He/she can summon, prorogue, or dissolve the State Legislative
Assembly [Article 174].

o Dissolution is generally done on the advice of the Chief Minister, but in

exceptional cases, the Governor may act at his/her discretion.

2. Governor's Address:

o The Governor addresses the first session after each general election
and at the commencement of the first session of every year
[Article 176].

3. Sending Messages:

o The Governor may send messages to either House regarding pending

bills or any legislative matter [Article 175(2)].

4. Nomination Powers:

o Legislative Council: May nominate 1/6th of the members with

expertise in literature, science, art, cooperative movement, or social
service [Article 171(5)].

o Anglo-Indian Representation (Repealed): Earlier, one member of the

Anglo-Indian community could be nominated to the Assembly, but this
was abolished by the 104th Amendment Act, 2019.

5. Appointment of Presiding Officers in Absence:

o In the absence of both the Speaker and Deputy Speaker (or

Chairman and Deputy Chairman in the Council), the Governor may
appoint a member to preside over the House [Article 180(1) and
182(1)].

6. Assent to Bills [Article 200]:

o When a bill is passed by the State Legislature, the Governor can:

§ Give assent to the bill.

§ Withhold assent.

§ Return the bill (if not a Money Bill) for reconsideration.

§ Reserve the bill for the President’s consideration (mandatory

if it endangers High Court status or discretionary in other cases).

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Soli Sorabjee identified bills that may be reserved for the President when they:

• Are ultra vires the Constitution.

• Violate Directive Principles of State Policy.

• Are of grave national interest.

• Involve property acquisition under Article 31A.

• Deal with matters of constitutional sensitivity.

7. Ordinance-Making Power [Article 213]:

o During recess of the Legislature, the Governor can promulgate

ordinances, which must be ratified within six weeks of reassembly.

o The ordinance-making power is subject to judicial review.

In D.C. Wadhwa v. State of Bihar (1986), the Supreme Court declared that re-
promulgation of ordinances without legislative intent is unconstitutional and an
abuse of power.

8. Laying Reports Before Legislature:

o Governor lays before the House(s):

§ Report of the State Public Service Commission.

§ Report of the Comptroller and Auditor General on State

accounts.

§ Report of the State Finance Commission.

3. FINANCIAL POWERS

The Governor performs key functions in financial legislation and budgetary

processes, as the Constitution envisages legislative control over finance with
executive accountability.

Key Financial Powers:

1. Annual Financial Statement (Budget):

o The Governor ensures that the Budget (AFS) is laid before the State
Legislature [Article 202].

2. Money Bills:

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 o Can be introduced only on the Governor’s recommendation [Article
207(1)].

3. Demand for Grants:

o No demand for grant can be made except on Governor’s

recommendation.

4. Contingency Fund:

o The Governor may authorise advances from the Contingency Fund to

meet unforeseen expenditures [Article 267].

5. Constitution of State Finance Commission:

o Every five years, the Governor constitutes the State Finance

Commission to evaluate the financial status of Panchayats and
Municipalities [Article 243-I].

4. JUDICIAL POWERS

Pardoning Power [Article 161]:

• The Governor has the power to:

o Pardon

o Reprieve

o Respite

o Remit

o Commute a sentence

• Applicable only to offences under State laws and within the State’s
executive jurisdiction.

Judicial Appointments:

• The Governor:

o Appoints District Judges in consultation with the High Court [Article

233].

o Appoints other members of the State Judicial Services (excluding

district judges) in consultation with the High Court and SPSC [Article
234].

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High Court Judges:

• While the Governor does not appoint High Court judges, he/she is
consulted by the President during such appointments [Article 217(1)].

5. DISCRETIONARY POWERS

Though the Governor generally acts on ministerial advice, he/she may act
independently in certain cases, either under explicit constitutional authority or
political exigency.

A. Constitutional (Express) Discretion:

1. Reserving Bills for President [Article 200].

2. Recommending President’s Rule [Article 356].

3. Discharging functions as UT Administrator (if holding additional charge).

4. Determining royalty payments in tribal regions (e.g., Assam, Meghalaya).

B. Situational (Implied) Discretion:

1. Appointing a Chief Minister when no party has a clear majority.

2. Dismissing Council of Ministers when it loses majority and refuses to

resign.

3. Dissolving the Assembly under political instability.

C. Special Responsibilities (as directed by the President):

• Maharashtra: Development boards for Vidarbha and Marathwada.

• Gujarat: Development boards for Saurashtra and Kutch.

• Nagaland & Arunachal Pradesh: Law and order responsibilities.

• Sikkim: Socio-economic development.

• Assam, Manipur: Administration of tribal/hill areas.

• Karnataka: Hyderabad-Karnataka development board.

In these cases, though consultation with the State Government is required,

Governor’s decision is final and must be carried out independently.

6. EMERGENCY ROLE (Limited)

The Governor plays a vital role in Article 356 (President’s Rule):

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 • If the Governor believes that the State Government is not functioning in
accordance with constitutional provisions, he/she may submit a report to
the President recommending the imposition of President’s Rule.

• During President’s Rule, the Governor acts as the agent of the President,
exercising broader administrative powers.

Conclusion

The powers and functions of the Governor span across all spheres of State
governance—executive, legislative, financial, judicial, and constitutional. Though
largely a titular head, the Governor assumes significant authority during political
uncertainty, breakdown of constitutional machinery, and emergencies.

The role demands political neutrality, constitutional propriety, and a strong

commitment to cooperative federalism. The exercise of discretionary powers and
the manner of functioning have led to frequent debates, necessitating reforms and
stricter adherence to constitutional morality.

Issues in the Governor’s Role

The Sarkaria Commission highlighted recurring concerns:

1. Appointment of Chief Minister in a hung Assembly – Discretion must be

used judiciously.

2. Majority Testing – Methods vary; some Governors insist on floor tests,

others rely on letters of support.

3. Dismissal of CM – No consistent standard; should follow loss of majority.

4. Dissolution of Assembly – Disparity in action when CM loses support;

Governor’s discretion controversial.

5. President’s Rule Recommendations – Often made hastily without

exhausting alternatives.

6. Reservation of Bills – Lack of transparency.

7. Legislative Council Nominations – Questions over misuse of discretion.

8. Role as Chancellor – Disputes over autonomy from the State Cabinet

Conclusion: The Governor’s Position in Federalism

The Governor’s office is a constitutional necessity, symbolising unity between

Centre and States. However, its functioning requires political neutrality,

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constitutional propriety, and judicial oversight to maintain its credibility in India’s
federal structure. The balance between discretion and accountability is critical for
the institution’s democratic integrity.

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 Comparison of Powers: President vs Governor

1. Veto Powers: Ordinary Bills

Aspect President Governor

Applicability Applies to ordinary bills Applies to ordinary bills passed

passed by both Houses of by the State Legislature
Parliament. (unicameral or bicameral).

Assent Options 1. Grant assent – Bill 1. Grant assent – Bill becomes an

becomes an Act. Act.
2. Withhold assent – Bill 2. Withhold assent – Bill fails.
fails. 3. Return for reconsideration – If
3. Return the bill for passed again, assent is
reconsideration – If passed mandatory.
again, assent is mandatory. 4. Reserve the bill for President’s
consideration.

Suspensive Yes. President can return the Yes. Governor can return once; if
Veto bill once; if passed again, he passed again, he must assent.
must assent.

Role if Bill 1. May give assent. Once reserved for the President,
Reserved for 2. May withhold assent. the Governor has no further role.
President 3. May return the bill to the The bill returns directly to the
State Legislature – if passed President for assent or refusal.
again, President is not
bound to assent.

2. Veto Powers: Money Bills

Aspect President Governor

Applicability Applies to money bills Applies to money bills passed by

passed by the the State Legislature.
Parliament.

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Assent Options 1. Grant assent – Bill 1. Grant assent – Bill becomes an
becomes an Act. Act.
2. Withhold assent – Bill 2. Withhold assent – Bill fails.
fails. 3. Reserve for President’s
Cannot return for consideration.
reconsideration.

Return for Not permissible. Not permissible.

Reconsideration

Reservation for Not applicable. If reserved, Governor plays no

President further role; the bill is acted upon
by the President.

3. Ordinance-Making Powers

Aspect President Governor

When Can Only when both Houses or Only when the Legislative
Ordinance Be either House of Parliament Assembly (unicameral) or both
Issued? is not in session. Houses (bicameral) of the State
Legislature are not in session, or
either House in case of bicameral
setup.

Precondition Must be satisfied that Same: Must be satisfied that

circumstances exist circumstances warrant urgent
requiring immediate action.
action.

Legislative Ordinance-making power Power co-extensive with that of the

Competence co-extensive with the State Legislature.
Parliament’s legislative
powers.

Effect of Ordinance has the same Ordinance carries same force as an

force and effect as an Act

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Ordinance of Parliament. Act of the State Legislature.

Limitations Cannot legislate on matters Ordinance must comply with State

beyond Parliament’s List and Concurrent List, and
competence. must not encroach upon Union
subjects.

Requirement of Issued only on advice of Issued only on advice of Council of

Advice Council of Ministers Ministers headed by the Chief
headed by the Prime Minister.
Minister.

Laying Before Must be laid before both Must be laid before the State
Legislature Houses of Parliament once Legislature (or both Houses if
they reassemble. bicameral) once it reassembles.

Expiry Ceases to operate after 6 Expires after 6 weeks from

weeks from reassembly of reassembly of the State Legislature.
Parliament. May lapse Can lapse earlier if Legislative
earlier if both Houses Assembly disapproves and
disapprove. Legislative Council agrees (in
bicameral states).

Withdrawal Can be withdrawn any time Can be withdrawn at any time by

by the President. the Governor.

Instruction No instruction required Requires Presidential instruction

Required from any authority. in three situations:
(a) If similar Bill needed President’s
prior approval for introduction.
(b) If Governor would have
reserved such a Bill for
Presidential consideration.
(c) If such a Bill would be invalid
without President’s assent.

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4. Pardoning Powers

Aspect President Governor

Legal Basis Article 72 of the Constitution. Article 161 of the Constitution.

Scope Applies to: Applies to:

1. Offences against Central 1. Offences under State laws only.
laws. Cannot act in cases under court-
2. Offences under military martial.
court (court-martial).
3. Cases involving death
sentences.

Types of Can grant: Can grant:

Clemency 1. Pardon 1. Reprieve

2. Reprieve 2. Respite

3. Respite 3. Remission

4. Remission 4. Suspension

5. Suspension 5. Commutation

6. Commutation Cannot grant pardon in death

sentence cases.

Death Sole authority to grant Cannot pardon death sentence, but

Sentence pardon in death sentence can commute, remit, or suspend.
cases.

Military Has power over court-martial Has no power in military justice

Cases sentences. cases.

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 CHIEF MINISTER

In the framework of the parliamentary system of government as envisaged in the

Constitution of India, the Governor functions as the nominal or constitutional
head (de jure executive) of the State, while the Chief Minister is the real
executive authority (de facto executive). Accordingly, the Governor is the
ceremonial head of the State, whereas the Chief Minister is the head of the State
Government. The Chief Minister's role at the State level corresponds to that of the
Prime Minister at the Union level.

APPOINTMENT OF THE CHIEF MINISTER

The procedure for appointing the Chief Minister is not elaborately detailed in the
Constitution. Article 164(1) merely provides that the Chief Minister shall be
appointed by the Governor. However, this does not vest the Governor with
unfettered discretion.

Constitutional Convention:

• In line with the conventions of the parliamentary system, the Governor is

expected to appoint the leader of the majority party in the State Legislative
Assembly as the Chief Minister.

• In situations where no party commands a clear majority, the Governor may

use his/her discretionary power to appoint a Chief Minister—typically, the
leader of the largest party or pre-poll coalition, who is then asked to prove
majority on the floor of the Assembly.

Contingencies:

• Death of an incumbent CM: If the Chief Minister passes away suddenly and
there is no clear successor, the Governor may appoint a temporary
successor. However, the ruling party usually elects a new leader, and the
Governor is bound to appoint that person.

• Non-member Appointment: A person who is not a member of the State

Legislature can be appointed as Chief Minister, but must secure a seat in
either House of the State Legislature within six months, failing which they
cease to hold office.

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Eligibility:

• A Chief Minister can be a member of either House of the State Legislature—

Assembly or Council. However, in practice, most CMs belong to the
Legislative Assembly.

Sarkaria Commission Recommendations:

The Sarkaria Commission (1983–88) offered guidelines for the Governor while
appointing the Chief Minister in the absence of a clear majority:

1. Preference order for appointing the CM:

o Pre-election alliance commanding majority.

o Largest single party with outside support.

o Post-election coalition with all partners joining the government.

o Post-election alliance with partial support (outside support included).

2. The Governor should ensure that the person appointed as CM is likely to

command a majority.

3. In case of doubt, the Governor should direct the CM to prove majority within
30 days.

4. Floor Test Principle: If the majority is questioned, it should be resolved on

the floor of the House, not decided by the Governor alone.

OATH, TERM, AND REMUNERATION

Oath of Office and Secrecy:

Before assuming office, the Governor administers to the Chief Minister the oaths of
office and secrecy, where the CM undertakes:

• To bear true faith and allegiance to the Constitution of India.

• To uphold the sovereignty and integrity of India.

• To discharge duties faithfully and conscientiously.

• To treat all persons in accordance with law without fear or favour.

In the oath of secrecy, the CM pledges not to reveal any confidential information
unless required in the discharge of official duties.

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Tenure:

• The Chief Minister does not have a fixed term and holds office during the
pleasure of the Governor.

• However, the Governor cannot dismiss the CM as long as the latter enjoys
majority support in the Legislative Assembly.

• If the CM loses confidence of the House, he/she must resign or can be

dismissed by the Governor.
[S.R. Bommai v. Union of India (1994) – Supreme Court upheld the
necessity of a floor test to prove majority].

Salary and Allowances:

• Determined by the State Legislature.

• Apart from legislative allowances, the CM is entitled to:

o Sumptuary allowance

o Free accommodation

o Travel and medical benefits

o Other perquisites as prescribed by the State

POWERS AND FUNCTIONS OF THE CHIEF MINISTER

The Chief Minister exercises powers in several domains:

1. In Relation to the Council of Ministers:

• Recommends appointment of Ministers to the Governor.

• Allocates and reshuffles ministerial portfolios.

• Can demand resignation or recommend dismissal of a Minister.

• Presides over meetings of the Council and directs its functioning.

• Coordinates the activities of all Ministries.

• The CM’s resignation automatically dissolves the Council of Ministers.

2. In Relation to the Governor:

• Acts as the chief link between the Governor and Council of Ministers [Article
167].

• Obliged to:

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 o Communicate all decisions of the Council to the Governor.

o Furnish any information as required by the Governor.

o Submit for reconsideration matters as required by the Governor.

• Advises on appointments to key posts such as Advocate General,

Chairpersons of State PSC, State Election Commissioner, etc.

3. In Relation to the State Legislature:

• Advises Governor on summoning and proroguing sessions.

• Can recommend dissolution of the Legislative Assembly.

• Announces Government policy on the floor of the House.

4. Other Functions:

• Chairperson of State Planning Board.

• Vice-Chairperson (by rotation) of the Zonal Council.

• Member of Inter-State Council and NITI Aayog Governing Council.

• Political head of services and Government spokesperson.

• Crisis manager during emergencies.

• Interface between people and government, receives delegations and

memoranda.

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 STATE COUNCIL OF MINISTERS

Introduction

In accordance with the provisions of the Indian Constitution, the Governor functions
as the constitutional head of the State executive. However, this role is largely
ceremonial in nature, as he is mandated—except in matters requiring discretion—to
act upon the advice and aid of the Council of Ministers, as laid down in Article 163.
The constitutional framework concerning the Governor’s Council of Ministers closely
mirrors that of the Union Council of Ministers with respect to the President. However,
there are certain exceptions, particularly in relation to the discretionary powers
conferred upon the Governor, which distinguish the state-level arrangement.

Given that the Indian Constitution establishes a parliamentary system of

governance at the state level, modelled on the Westminster form adopted at the
Union, the real executive authority is vested in the Council of Ministers headed by
the Chief Minister. While the Constitution does not exhaustively outline the principles
of parliamentary governance, the fundamental aspects of such governance are
broadly encapsulated in Articles 163 and 164. These Articles outline the
composition, responsibilities, tenure, qualifications, and other matters related to
ministers in the states.

Constitutional Provisions

Article 163 – Council of Ministers to Aid and Advise the Governor

1. A Council of Ministers, with the Chief Minister as its head, shall be in place to
assist and advise the Governor in the execution of his or her functions, except
those functions which the Governor is empowered to perform at his or her
discretion.

2. If any ambiguity arises as to whether a matter falls within the discretionary

ambit of the Governor, the Governor’s determination in that respect shall be
final. Furthermore, the legitimacy of actions taken by the Governor cannot be
contested on the ground that he should or should not have acted in his
discretion.

3. The advice rendered by ministers to the Governor is not subject to judicial

scrutiny.

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Article 164 – Other Provisions Regarding Ministers

1. The Governor appoints the Chief Minister, and other ministers are appointed
by the Governor on the advice of the Chief Minister.

o In the states of Chhattisgarh, Jharkhand, Madhya Pradesh, and

Odisha, there must be a Minister specifically in charge of tribal welfare.
This Minister may also be assigned the responsibility for the welfare of
Scheduled Castes, Backward Classes, or any other domain. The State
of Bihar was removed from this obligation by the 94th Constitutional
Amendment Act, 2006.

2. The total strength of the Council of Ministers, including the Chief Minister,
must not exceed 15% of the total number of members in the Legislative
Assembly. However, the total number of ministers cannot be less than 12 in
any state. This provision was introduced via the 91st Amendment Act, 2003.

3. Any member of the state legislature who is disqualified on the grounds of

defection under the Tenth Schedule is also ineligible to be appointed as a
Minister. This clause was also incorporated by the 91st Amendment Act,
2003.

4. Ministers shall hold office during the pleasure of the Governor.

5. The Council of Ministers is collectively responsible to the Legislative

Assembly of the state.

6. Ministers are required to take the oath of office and secrecy, administered
by the Governor.

7. A person who is appointed as a minister but is not a member of the state

legislature must secure a seat in either House within six consecutive
months, failing which he or she shall cease to hold ministerial office.

8. The salaries and allowances of the Ministers are determined by the State
Legislature.

Article 166 – Conduct of Business of the Government of a State

1. All executive actions undertaken in the name of the State Government must
be expressed to be made in the name of the Governor.

2. Instruments and orders issued in the name of the Governor must be

authenticated in a manner prescribed by rules framed by the Governor. Once

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 authenticated, such orders cannot be challenged on the ground that they were
not genuinely issued by the Governor.

3. The Governor is empowered to formulate rules to streamline the conduct of

business of the State Government and to allocate various portfolios among
the ministers, except in areas where the Governor is required to act
independently in his/her discretion.

Article 167 – Duties of the Chief Minister

The Chief Minister is under a constitutional obligation to:

1. Keep the Governor informed of all decisions taken by the Council of Ministers
concerning the administration of the state and legislative proposals.

2. Furnish any information that the Governor may require regarding the state’s
administration or legislative affairs.

3. If directed by the Governor, present for discussion before the Council of

Ministers any matter that may have been decided by an individual minister but
not yet deliberated by the Council.

Article 177 – Rights of Ministers in Legislative Houses

Every Minister is entitled to speak and participate in the proceedings of both the
Legislative Assembly and, where applicable, the Legislative Council, as well as
the Committees thereof. However, they do not possess voting rights unless they
are members of the House in question.

Appointment of Council of Ministers

At the apex of the Council of Ministers in a State is the Chief Minister, who holds a
position analogous to the Prime Minister at the Union level. The Governor appoints
the Chief Minister based on his/her discretion and belief that the individual is capable
of commanding a majority in the Legislative Assembly—even if the Assembly has not
yet been formally constituted. This act of discretion is not automatically indicative of
mala fides.

All other Ministers are appointed by the Governor, but only on the recommendation
of the Chief Minister, as per Article 164(1). Notably, there is no constitutional bar
preventing the Chief Minister from advising the Governor to appoint a person as
Minister who is facing serious criminal charges, including those involving corruption,
as held in Manoj Narula v. Union of India (2014).

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The entire Council of Ministers is collectively accountable to the Legislative
Assembly, while Ministers are individually answerable to the Governor for their
conduct in office. As established in Secretary, Jaipur Development Authority v.
Daulat Mal Jain (1997), each Minister is publicly accountable for his or her actions.

Any person—even one who is not a legislator—can be appointed as a Minister,

provided he or she commands the confidence of the Legislative Assembly. However,
if the person fails to secure membership in either House within six months, their
term as Minister automatically lapses. Such a non-legislator Minister has no right to
vote in the Legislature during this interim period, nor can they claim the privileges of
a Member of the Legislative Assembly (SR Chaudhuri v. State of Punjab, 2001).

The remuneration and privileges of Ministers are determined through laws enacted
by the State Legislature, in accordance with Article 164.

In Bimolangshu Roy v. State of Assam (2017), the Supreme Court held that the
Assam Legislature lacked the authority to enact a law creating the post of
Parliamentary Secretaries with the status of Ministers of State, as it violated Article
164(1A) and fell outside the scope of Article 194(3) and Entry 39 of the State List.

NATURE OF ADVICE BY MINISTERS

Article 163 clearly stipulates that the Governor is to act on the aid and advice of the
Council of Ministers, with the Chief Minister as its head, in all matters except
those where the Constitution mandates discretionary authority. If any dispute arises
about whether a matter falls within the Governor’s discretionary scope, the
Governor's decision is conclusive, and no judicial body is authorised to question
the validity of actions undertaken in the exercise of such discretion.

Moreover, the content of the advice tendered by Ministers to the Governor is

exempt from judicial scrutiny, thereby preserving the confidential and privileged
nature of communication between the executive and the constitutional head of the
State.

In the landmark decision of Shamsher Singh v. State of Punjab (1974), the

Supreme Court held that except where the Constitution expressly provides for
discretionary functions, the Governor is constitutionally bound to act in accordance
with the advice of the Council of Ministers. The "satisfaction of the Governor"
mentioned in various constitutional provisions is interpreted not as personal
satisfaction, but as the collective satisfaction of the Council of Ministers.

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APPOINTMENT OF MINISTERS

The Governor appoints the Chief Minister and, based on the Chief Minister’s
advice, appoints other Ministers. This indicates that the Governor cannot
independently choose ministers and must adhere to the advice tendered by the Chief
Minister.

However, in Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha, the

Constitution mandates the presence of a Minister for Tribal Welfare, who may also
hold additional portfolios such as those concerning Scheduled Castes and Backward
Classes. Initially, this provision applied to Bihar, but post the 94th Constitutional
Amendment Act, 2006, it was removed due to the absence of Scheduled Areas and
a low tribal population in Bihar. This amendment also extended the provision to the
newly formed States of Chhattisgarh and Jharkhand.

Although Ministers are usually drawn from the state legislature, the Constitution
permits the appointment of a non-legislator as Minister, provided they become a
member of either House within six months, failing which they must vacate office.

A Minister, regardless of the House he/she belongs to, may participate in debates
and deliberations in either House of the Legislature, but may vote only in the
House to which he/she belongs.

OATH AND SALARY OF MINISTERS

Prior to assuming office, every Minister must take the Oath of Office and Secrecy,
administered by the Governor. The Oath of Office includes solemn declarations:

1. To bear true faith and allegiance to the Constitution of India;

2. To uphold the sovereignty and integrity of India;

3. To faithfully discharge duties to the best of ability and conscience;

4. To do justice to all people without fear or favour, affection or ill will.

The Oath of Secrecy binds the Minister to refrain from disclosing any confidential
information learned in the course of official duties, except where necessary for public
interest and in compliance with constitutional duties.

The State Legislature determines the salaries and allowances of Ministers.

Ministers are entitled to salaries, allowances, sumptuary allowances (based on
rank), free residence, travel facilities, medical care, and other perks.

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RESPONSIBILITY OF MINISTERS

Collective Responsibility

The doctrine of collective responsibility is the foundational tenet of parliamentary

democracy. As per Article 164(2), the entire Council of Ministers is collectively
accountable to the Legislative Assembly.

This implies that all Ministers stand together in policy decisions and share joint
responsibility for all actions of the government. They must resign collectively if the
Legislative Assembly passes a vote of no-confidence, regardless of whether
individual ministers were involved in any alleged lapse. The resignation of the Chief
Minister results in the automatic resignation of the entire Council.

Alternatively, the Council may recommend dissolution of the Legislative

Assembly and call for fresh elections. The Governor, however, is not obligated to
accept this recommendation if the Council has lost the majority's support.

Ministers must defend Cabinet decisions, even if they initially held a different view.
A Minister unwilling to abide by a Cabinet decision must resign, as several have
done historically due to internal disagreements.

Individual Responsibility

While the Council is collectively responsible, individual Ministers also hold

responsibility for their specific portfolios. Under Article 164, Ministers hold office at
the pleasure of the Governor. However, this power is exercised only on the advice
of the Chief Minister. If the Chief Minister finds a Minister ineffective or
controversial, he/she can recommend dismissal.

No Legal Responsibility

Unlike the British constitutional model, the Indian Constitution does not envisage
legal responsibility for Ministers in the states. Executive orders do not require
ministerial countersignature to be valid, nor are Ministers personally liable in
courts for policy decisions made collectively. Additionally, courts are barred from
inquiring into the advice rendered to the Governor.

COMPOSITION OF THE COUNCIL OF MINISTERS

The Constitution leaves the size and structure of the Council of Ministers to the
discretion of the Chief Minister, constrained only by the limit under Article 164(1A)
(i.e., not exceeding 15% of the Assembly strength).

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The State Council of Ministers generally comprises:

1. Cabinet Ministers – Senior members who head key departments (Finance,

Education, Home, etc.) and form the core decision-making body.

2. Ministers of State – May be assigned independent charge of specific

departments or assist Cabinet Ministers. They do not attend Cabinet
meetings unless specially invited.

3. Deputy Ministers – Assist senior ministers in departmental functions. They

do not hold independent charge and are not Cabinet members.

Some states also have Deputy Chief Ministers, largely appointed for political
balancing or regional representation.

CABINET AND ITS FUNCTIONS

The Cabinet is a smaller, more powerful subset of the Council of Ministers. It

comprises only Cabinet Ministers and is the supreme policy and decision-making
authority in the State Government.

Key Functions of the Cabinet:

1. Acts as the apex decision-making body in the state’s political and

administrative system.

2. Formulates key policies and legislative proposals.

3. Serves as the supreme executive organ of the state.

4. Coordinates among departments and ensures administrative coherence.

5. Advises the Governor on constitutional and legislative matters.

6. Responds to emergency situations and crises.

7. Manages financial planning and guides the presentation of the State

Budget.

8. Exercises control over high-level appointments such as State Election

Commissioners, Advocate Generals, and others.

CABINET COMMITTEES

Cabinet Committees are sub-groups of Cabinet Ministers, created to streamline

Cabinet functioning.

There are two types:

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 1. Standing Committees – Permanent in nature (e.g., Finance Committee,
Security Affairs).

2. Ad hoc Committees – Constituted for temporary and specific purposes.

These committees assist in issue-based deliberation, allow specialised handling

of portfolios, and expedite decision-making. The Chief Minister decides their
number, composition, and scope.

RELATIONSHIP BETWEEN THE GOVERNOR AND HIS MINISTERS

In principle, the relationship between the Governor of a State and his Council of
Ministers mirrors that between the President and the Union Council of Ministers.
However, a key constitutional distinction lies in the fact that while the President
must act only on ministerial advice, the Governor is empowered to act in his
discretion in certain specified situations. Thus, the principle of collective Cabinet
responsibility has a slightly modified application at the state level due to this
discretionary power.

According to Article 163(1) of the Constitution:

"There shall be a Council of Ministers with the Chief Minister at the head to aid and
advise the Governor in the exercise of his functions, except in so far as he is
required by or under this Constitution to exercise his functions in his
discretion."

It is because of this inherent discretionary domain that no amendment was made to

Article 163(1) by the 42nd Constitutional Amendment Act, unlike the Union
counterpart Article 74(1), which was explicitly amended to bind the President to act
on advice.

Further, Article 163(2) asserts that if any question arises as to whether a matter is
one requiring the Governor to act in his discretion, the decision of the Governor
shall be final, and the validity of his actions cannot be questioned in any court of
law. Additionally, Article 163(3) precludes any judicial inquiry into the nature of
advice tendered by Ministers to the Governor.

DISCRETIONARY FUNCTIONS OF THE GOVERNOR

The Constitution clearly identifies certain functions which the Governor is mandated
to exercise at his discretion. These are:

(a) Sixth Schedule – Para 9(2):

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Under the Sixth Schedule, Para 9(2) provides that the Governor of Assam shall, in
his discretion, determine the amount payable by the State to the District Councils
as royalties from mineral licenses. Notably, Para 18 of the same Schedule (relating
to the erstwhile Naga Hills-Tuensang area) has been repealed after Nagaland
became a separate state.

(b) Article 239(2):

Inserted by the 7th Amendment Act (1956), this provision empowers the President
to appoint the Governor of a State as the Administrator of an adjoining Union
Territory, where he shall act independently of the advice of his Council of
Ministers.

OTHER DISCRETIONARY FUNCTIONS

In practice, there are several non-enumerated situations where the Governor may
act at his discretion, based on constitutional conventions, judicial interpretations,
and the unique nature of his dual role — as a constitutional head of the State and as
the representative of the Union.

(i) Report under Article 356:

The Governor can independently send a report to the President under Article
356, stating that the governance of the State cannot be carried on in accordance
with constitutional provisions. Such action may be taken:

• Against a ruling Ministry if it attempts to subvert constitutional governance;

• In a vacuum situation, when a Ministry has resigned and no alternative

government can be formed.

This discretionary power forms the basis for President’s Rule, and the Governor
plays a critical role as a conduit of Union-State coordination.

(ii) During President's Rule:

Once President’s Rule is proclaimed under Article 356, the Governor acts as an
agent of the Union, performing executive functions on behalf of the President.

Judicial Review of Article 356 Proclamations: In S.R. Bommai v. Union of India

(1994), the Supreme Court held that a Proclamation under Article 356 is
justiciable. The Court can:

• Examine whether any relevant material existed;

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 • Strike down the Proclamation if it is mala fide or based on extraneous
considerations.

Later, in Rameshwar Prasad v. Union of India (2006), the Court reiterated that the
President’s powers under Article 356 are conditional and not absolute.

(iii) Reservation of Bills – Article 200:

Under Article 200, a Governor may reserve a Bill passed by the State Legislature for
the President's consideration. If, in the Governor’s opinion, the Bill may:

• Violate provisions of the Constitution, or

• Endanger the position and powers of the High Court,

he is justified in exercising discretion in reserving it.

In Re: Kerala Education Bill (1958) and Hoechst Pharmaceuticals v. State of

Bihar (1983), it was held that this reservation power is discretionary.

However, in Sanjeevi v. State of Madras (1970), the Court held that discretionary
power cannot be implied unless expressly stated. This position was refined in
Shamsher Singh (1974), which clarified that discretion must be constitutionally
traceable, not inferred.

SPECIAL RESPONSIBILITIES OF THE GOVERNOR

Several Articles under Part XXI of the Constitution confer “special

responsibilities” upon Governors in specific states. Though such responsibilities
require consultation with the Council of Ministers, the final decision lies with the
Governor, acting in his individual judgment, and is not justiciable.

Some of the key provisions include:

(i) Article 371(2):

The Governors of Maharashtra and Gujarat have special responsibility to ensure

balanced regional development, such as in Vidarbha and Saurashtra regions.

(ii) Article 371A(1)(b):

The Governor of Nagaland is vested with responsibility for maintaining law and
order, particularly during periods of internal disturbances caused by hostile
elements.

(iii) Article 371C(1):

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The Governor of Manipur is responsible for ensuring the proper functioning of the
Hill Areas Committee, established for protecting the rights of hill tribes.

(iv) Article 371F(g):

The Governor of Sikkim is entrusted with maintaining peace and equitable

advancement of various communities in the State.

(v) Article 371H(a):

In Arunachal Pradesh, the Governor has responsibility for law and order, and may
act using individual judgment, unless the President revokes this special
responsibility.

(vi) Article 371J:

The Governor of Karnataka has a special responsibility for the Hyderabad-

Karnataka Region to ensure:

• Establishment of a Development Board;

• Equitable distribution of public expenditure;

• Adequate representation in education and employment.

In Nabam Rebia v. Deputy Speaker (2016), the Supreme Court clarified that the
Governor's discretion is limited and must be clearly authorised by constitutional
text. Discretion cannot be expanded by implication.

PRESIDENT’S CONTROL OVER THE GOVERNOR

When the Governor acts under provisions requiring discretion or special

responsibility, he does so as a representative of the President, and is therefore
under the latter’s direct control.

In all other matters, the President has no direct authority over day-to-day state
governance, though he can influence through:

• Power of appointment and removal of the Governor;

• Receiving reports under Article 356.

However, the President cannot override a democratically elected State Government

that enjoys majority in the Assembly, unless constitutional breakdown is proved.

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CAN A GOVERNOR DISMISS A CHIEF MINISTER?

This issue has generated considerable constitutional debate. The core question is
whether a Governor can dismiss a Chief Minister and Council of Ministers on the
presumption that they have lost legislative majority.

Historical precedents offer conflicting instances:

1. West Bengal (1967):

Governor Dharma Vira dismissed Chief Minister Ajoy Mukherjee when he refused
to summon the Assembly after defections.

2. Uttar Pradesh (1970):

Governor Gopala Reddy dismissed CM Charan Singh without waiting for the
Assembly to meet.

3. Uttar Pradesh (1998):

Governor Romesh Bhandari dismissed CM Kalyan Singh, appointing Jagdambika

Pal in his place. The matter went to the High Court, which reinstated Singh. The
Supreme Court ordered a composite floor test, where Singh proved his majority.
The Court upheld the High Court’s interim order (Jagdambika Pal v. Union of India,
1999).

These events demonstrate the abuse of gubernatorial discretion and the

judiciary’s role in restoring constitutional balance.

Drawing from British conventions, the Indian Constitution adopts the principle of
collective responsibility to the Legislature. As per Article 164(1), Ministers hold
office at the pleasure of the Governor, but Article 164(2) establishes that the
Council is responsible to the Assembly, not to the Governor personally.

Thus, the Governor can dismiss a CM only when:

• The CM loses majority, and

• Fails to resign or seek a trust vote.

This view was strongly upheld by a nine-Judge Bench in S.R. Bommai v. Union of
India (1994), where the Court held:

“When a question arises about the majority, the only constitutionally valid forum to
decide the issue is the floor of the House. Subjective assessments by the Governor
are constitutionally impermissible.”

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