SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14)

This article covers SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14) (राज्यपाल, मुख्यमंत्री और राज्य विधान सभा), part of the Complete Foundation Batch PPT Series at slideshareppt.net. State government topics are regularly tested in SSC CGL, CHSL, CPO, and MTS exams. Questions on the Governor’s appointment, discretion, pardoning power, President’s Rule (Article 356), Vidhan Sabha vs Vidhan Parishad, CM’s powers, and the 91st Amendment come up frequently across all SSC exam shifts.

PPT Details

FieldDetails
PPT TitleSSC Polity Governor CM and State Legislative Assembly PPT Slides (LEC #14)
SubjectPolity – Governor, CM and State Legislative Assembly (राज्यपाल, मुख्यमंत्री और राज्य विधान सभा)
SeriesComplete Foundation Batch for All SSC and Other Exams (PPT Series)
Total Slides83 PPT Slides
File Size18 MB
Serial Number#70
LectureLEC #14
FormatPowerPoint (.pptx) + PDF
Target ExamsSSC CGL, SSC CHSL, SSC MTS, SSC CPO, SSC GD, SSC Steno
Websiteslideshareppt.net

SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14)

Note: Above is PPT in GOOGLE SLIDES (HTML AND IFRAME COMBINATION) and if you wish to download the Complete SSC series (PPT slides), Simply visit this redirect page – REDIRECT PAGE.

1. State Government – Overview

  • India’s federal system has two levels of government: Union (Central) and State
  • Each state has its own executive (Governor, CM, CoM), legislature (Vidhan Sabha and in some states Vidhan Parishad), and judiciary (High Court)
  • Part VI of the Constitution (Articles 152-237) deals with State Governments
  • The structure mirrors the Union government: Governor = President; CM = PM; State Legislature = Parliament
  • However, states are subordinate to the Centre in several important ways – India is a federal system with unitary bias

2. Key Constitutional Articles – State Government

ArticleSubject
Article 153There shall be a Governor for each State
Article 154Executive power of the State vested in the Governor
Article 155Governor appointed by the President of India
Article 156Term of office of Governor – 5 years; holds office during pleasure of President
Article 157Qualifications of Governor: citizen of India, completed 35 years of age
Article 158Conditions of Governor’s office – cannot be member of Parliament or state legislature; must not hold office of profit
Article 159Oath of Governor – administered by Chief Justice of the High Court of that state
Article 160Discharge of functions of Governor in contingencies
Article 161Power of Governor to grant pardons (except death sentence and court martial cases)
Article 162Extent of executive power of State
Article 163Council of Ministers to aid and advise Governor; Governor has discretion in certain matters
Article 164CM appointed by Governor; other ministers appointed by Governor on CM’s advice; CoM collectively responsible to Legislative Assembly
Article 165Advocate General of the State
Article 166Conduct of business of State Government
Article 167Duties of CM with respect to Governor (similar to PM’s duties to President under Article 78)
Article 168Constitution of Legislatures in States: Governor + Legislative Assembly (and Legislative Council where it exists)
Article 170Composition of Legislative Assembly (Vidhan Sabha)
Article 171Composition of Legislative Council (Vidhan Parishad)
Article 172Duration of State Legislatures
Article 174Sessions of State Legislature; summoning, prorogation, dissolution by Governor
Article 175Governor’s right to address and send messages to State Legislature
Article 176Governor’s special address at commencement of first session
Article 178Speaker and Deputy Speaker of Legislative Assembly
Article 182Chairman and Deputy Chairman of Legislative Council
Article 200Assent to Bills by Governor; Governor can reserve Bill for President’s consideration
Article 201Bills reserved for President’s consideration by Governor
Article 202Annual Financial Statement of State
Article 213Ordinance-making power of Governor when legislature not in session
Article 214High Courts for States
Article 356President’s Rule in state – imposed when constitutional machinery fails

3. Governor of a State – Constitutional Head

Position and Appointment – Articles 153-155

  • Article 153 – There shall be a Governor for each State (one person can be Governor of two or more states)
  • Article 154 – Executive power of the State vested in the Governor; exercised directly or through officers subordinate to him
  • Article 155 – Governor appointed by the President of India; not elected
  • Governor is an appointee of the Centre – acts as agent of the Centre in the state
  • Governor is the nominal/constitutional head of the state; CM is the real executive

Qualifications – Article 157

  • Must be a citizen of India
  • Must have completed 35 years of age
  • Must not be a member of either House of Parliament or any state legislature
  • Must not hold any office of profit
  • No educational qualification required

Term and Removal – Article 156

  • Holds office for a term of 5 years from date of entering office
  • Holds office during the pleasure of the President – can be removed at any time without assigning reason
  • Governor can resign by writing to the President
  • No formal removal procedure; no impeachment for Governor
  • Governor continues in office until successor enters office

Oath – Article 159

  • Oath of office administered by the Chief Justice of the High Court of that state
  • If CJ of HC not available, the senior-most judge of that HC administers the oath
  • Governor swears to faithfully execute the office; preserve, protect, and defend the Constitution; devote to service and well-being of the people of the state

4. Powers and Functions of the Governor

CategoryPowerArticle / Details
ExecutiveAppoints CM; appoints other ministers on CM’s adviceArticle 164
ExecutiveAppoints Advocate General of the StateArticle 165
ExecutiveAppoints State Public Service Commission Chairman and membersArticle 316
ExecutiveCan seek information from CM about state administrationArticle 167
LegislativeSummons, prorogues, dissolves State LegislatureArticle 174
LegislativeAddresses State Legislature; sends messagesArticle 175
LegislativeNominates 1/6 members of Legislative Council (if it exists)Article 171(5)
LegislativeAssent to Bills; can withhold, return, or reserve for PresidentArticle 200
OrdinanceIssue Ordinances when legislature not in sessionArticle 213
PardoningGrant pardon, commutation, remission, respite, reprieve (except death and court martial)Article 161
DiscretionaryAct without or against advice of CoM in certain situationsArticle 163(2)
FinancialNo Money Bill in state legislature without Governor’s recommendationArticle 207

5. Governor vs President – Key Differences

FeatureGovernor (State)President (Union)
Constitutional ArticleArticle 153-161Article 52-62
AppointmentBy President of India (Article 155)Elected by Electoral College (Article 54)
Term5 years – holds office during pleasure of President5 years – can only be removed by impeachment
RemovalCan be removed by President at any time (no formal procedure)Removed only by impeachment (Article 61) – very difficult
QualificationsCitizen + 35 years (Article 157)Citizen + 35 years + qualified for LS membership
Oath administered byChief Justice of that High Court (Article 159)Chief Justice of India (Article 60)
Pardoning powerArticle 161 – can pardon EXCEPT death sentences and court martial casesArticle 72 – can pardon in ALL cases including death sentence and court martial
Discretionary powersGovernor has wider discretionary powers than PresidentPresident acts only on Cabinet advice (44th Amendment 1978)
Veto on BillsCan reserve Bill for President’s consideration (Article 200)Can give assent, return, or withhold assent (Article 111)
Relationship with CoMArticle 163 – Governor has discretion in some mattersArticle 74 – must act on Cabinet advice always

6. Discretionary Powers of the Governor – Article 163

The Governor has wider discretionary powers compared to the President. Article 163 states that the Governor shall act on the advice of the CoM except in functions where he is required by the Constitution to exercise discretion.

SituationGovernor’s Discretionary Power
No clear majority after electionGovernor decides who to invite to form the government; tests majority on floor of House
Dismissal of CoMIf CM loses majority and refuses to resign, Governor can dismiss the ministry
Dissolution of AssemblyGovernor can refuse CM’s advice to dissolve assembly if CM has lost majority
Reservation of BillsGovernor can reserve a Bill for President’s consideration at own discretion (Article 200)
Report to President (Art 356)Governor sends report to President about breakdown of constitutional machinery in state
When no advice availableDuring intervals between governments; when fresh government being formed

Governor’s Discretion vs President’s Position

  • President has virtually no discretion – must act on Cabinet advice (44th Amendment 1978)
  • Governor has explicit discretionary powers in Article 163 and other provisions
  • Governor’s discretionary actions are subject to judicial review
  • Sarkaria Commission (1988) recommended limiting Governor’s discretionary powers
  • Punchhi Commission (2010) recommended Governors should not act as agents of the Centre

7. Governor’s Pardoning Power – Article 161

  • Governor can grant pardons, reprieves, respites, remissions of punishment OR suspend, remit, commute sentences in cases where:
  • The offence is against any law relating to a matter to which executive power of the State extends
  • IMPORTANT DIFFERENCE from President: Governor CANNOT pardon death sentences (only President can under Article 72)
  • Governor CANNOT pardon sentences awarded by court martial (only President can)
  • In all other cases, Governor’s pardoning power is similar to President’s

8. Governor’s Ordinance-Making Power – Article 213

  • Governor can promulgate Ordinances when both Houses of state legislature (or the one House) are not in session
  • Governor must be satisfied that circumstances exist which render immediate action necessary
  • Ordinance has same force and effect as an Act of the state legislature
  • Ordinance must be laid before the state legislature when it reassembles
  • Ordinance ceases to operate at expiration of 6 weeks from reassembly of legislature
  • Can be withdrawn by Governor at any time
  • Cannot be issued on subjects requiring President’s assent for ordinary bills
  • Governor cannot issue Ordinance without President’s instructions in certain cases

9. Governor’s Powers on Bills – Article 200

  • When a Bill is passed by State Legislature and presented to Governor:
  • (a) Governor may give assent – Bill becomes law
  • (b) Governor may withhold assent – Bill fails (absolute veto for state bills)
  • (c) Governor may return the Bill (except Money Bills) for reconsideration – if Legislature passes again, Governor must give assent
  • (d) Governor may reserve the Bill for President’s consideration (Article 200) – this is an important discretionary power
  • Article 201 – Bill reserved for President: President may give assent, withhold assent, or direct Governor to return it for reconsideration
  • Governor MUST reserve Bills that derogate from powers of HC – these must go to President

10. President’s Rule in States – Article 356

FeatureDetails
Constitutional ArticleArticle 356
GroundsGovernor’s report or President satisfied that government of state cannot be carried on in accordance with provisions of Constitution
Approval by ParliamentBoth Houses must approve within 2 months by simple majority
DurationMaximum 3 years (6 months at a time; each extension needs fresh parliamentary approval)
Beyond 1 year conditionAfter 1 year, extension requires: (i) National Emergency must be in operation in whole India OR part of state; OR (ii) Election Commission certifies elections cannot be held in the state
EffectState legislature dissolved or suspended; Governor administers state on behalf of President; Union government controls state
First impositionPEPSU (Patiala and East Punjab States Union) – 1951
Maximum times imposedUttar Pradesh (10+ times) – most frequent
S.R. Bommai Case (1994)SC held: President’s Rule is subject to judicial review; assembly should not be dissolved before Parliament approves; floor test must be ordered before imposing President’s Rule

S.R. Bommai Case 1994 – Most Important Judgment on Art 356

  • SC held that imposition of President’s Rule is subject to judicial review
  • The state assembly should not be dissolved until Parliament approves the proclamation
  • Before imposing President’s Rule, the Governor must give the ruling party/CM an opportunity to prove majority on the floor of the House (floor test)
  • SC held that secularism is a basic feature and states violating secularism can have President’s Rule imposed
  • This judgment greatly curtailed the arbitrary use of Article 356

11. State Legislature – Vidhan Sabha and Vidhan Parishad

FeatureLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
Also calledLower House / Popular HouseUpper House / Permanent House
ArticleArticle 170Article 171
States that have both Houses6 states: Andhra Pradesh, Telangana, Bihar, Maharashtra, Karnataka, Uttar Pradesh
Maximum strength500 members (Article 170); minimum 60 members1/3 of total membership of Legislative Assembly; minimum 40 members
Elected byDirect election by votersIndirectly elected: 1/3 by MLAs; 1/3 by local bodies; 1/12 by teachers; 1/12 by graduates; 1/6 nominated by Governor
Term5 years (can be dissolved earlier by Governor)Permanent – never dissolved; 1/3 members retire every 2 years; each member serves 6 years
Minimum age25 years30 years
Presiding OfficerSpeaker (elected by MLAs)Chairman (elected by members of LC)
Money BillsOriginate only in Vidhan SabhaCannot introduce or reject Money Bills; can only recommend
DissolutionCan be dissolved by GovernorCannot be dissolved
No-confidence motionOnly in Vidhan Sabha – brings down state governmentNot applicable

States with Bicameral Legislature (Both Houses)

  • Only 6 states have both Vidhan Sabha and Vidhan Parishad:
  • 1. Andhra Pradesh | 2. Telangana | 3. Bihar | 4. Maharashtra | 5. Karnataka | 6. Uttar Pradesh
  • All other states have unicameral legislature (only Vidhan Sabha)
  • Vidhan Parishad can be created or abolished by Parliament if the Vidhan Sabha of that state passes a resolution by special majority (Article 169)
SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14)
SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14)

12. Speaker of Vidhan Sabha and Chairman of Vidhan Parishad

FeatureSpeaker of Vidhan SabhaChairman of Vidhan Parishad
WhoElected by MLAs from among themselvesElected by members of LC from among themselves
ArticleArticle 178Article 182
RemovalResolution by effective majority (majority of all current members); 14 days noticeSame procedure
Casting voteHas casting vote in tieHas casting vote in tie
Decides Money BillSpeaker certifies whether a bill is Money Bill in state legislatureNo power on Money Bills
Anti-DefectionDecides disqualification under 10th Schedule for Vidhan Sabha membersDecides for Vidhan Parishad members

13. Chief Minister – Powers and Functions

Appointment and Qualifications – Article 164

ArticleProvision
Article 164CM appointed by Governor; CM must be member of state legislature (if not, must become within 6 months); other ministers appointed by Governor on CM’s advice
Article 164(1A)Size of Council of Ministers capped at 15% of total strength of Legislative Assembly (minimum 12); added by 91st Amendment 2003
Article 166Business of state government conducted in name of Governor; authenticated by rules made by Governor on CM’s advice
Article 167CM must: communicate all Cabinet decisions to Governor; furnish information Governor calls for; submit matters to CoM if Governor requires
Article 163CoM with CM at head to aid and advise Governor; Governor acts on advice except where discretion allowed
Article 174Governor summons, prorogues, dissolves state legislature on CM’s advice

Powers and Functions of CM

  • CM recommends ministers to Governor for appointment; can ask a minister to resign
  • CM allocates and reshuffles portfolios among ministers
  • CM presides over Cabinet meetings; sets the agenda
  • CM is the leader of the majority party in Vidhan Sabha
  • CM can advise Governor to dissolve Vidhan Sabha
  • CM is the link between Governor and the Cabinet (Article 167)
  • CM advises Governor on key appointments: Advocate General, State PSC members, etc.
  • CM represents the state in Inter-State Council, Zonal Councils, and NITI Aayog meetings

State Council of Ministers – Key Provisions

  • Article 164 – CoM collectively responsible to the Vidhan Sabha
  • Article 164(1A) – Added by 91st Amendment 2003: CoM size cannot exceed 15% of total strength of Vidhan Sabha; minimum 12 ministers
  • Anti-Defection Law applies: ministers who defect from party can be disqualified
  • Ministers must be members of state legislature; if not, must become member within 6 months

14. Centre-State Relations and Governor’s Role

  • Governor acts as a constitutional link between the Centre and State
  • Governor sends regular reports to President/Centre about state’s administrative and political situation
  • Under Article 356, Governor’s report is the trigger for imposition of President’s Rule
  • Governor can be misused as a political agent of the ruling party at the Centre – a criticism often made
  • Sarkaria Commission (1988): Governor should be an eminent person from outside the state; should not be active politician; should be appointed after consultation with CM of that state
  • Punchhi Commission (2010): Governor’s appointment should involve PM, LS Speaker, Deputy Chairman of RS, and CM of the state
  • Article 355 – Centre’s duty to protect every state against external aggression and internal disturbance; ensure state governments are carried on in accordance with Constitution

also read: SSC Polity Judiciary of India PPT Slides (LEC #13)

15. Quick Revision Fact Table – Governor, CM, State Legislature

FactDetail
Governor appointed byPresident of India (Article 155); not elected
Governor’s term5 years; holds office during pleasure of President – can be removed anytime
Governor’s qualificationsCitizen of India + completed 35 years of age (Article 157)
Governor’s oath administered byChief Justice of that state’s High Court (Article 159)
Governor’s pardoning powerArticle 161 – can pardon EXCEPT death sentence and court martial cases
Can one person be Governor of multiple states?Yes – same Governor can be appointed for two or more states
Governor’s discretion inAppointment of CM when no clear majority; reservation of Bills; reporting to President under Art 356
Article 163CoM to aid Governor; Governor has discretion in certain functions
Article 356President’s Rule; S.R. Bommai Case 1994 – subject to judicial review
States with bicameral legislature6 states: AP, Telangana, Bihar, Maharashtra, Karnataka, UP
Vidhan Sabha maximum strength500 members; minimum 60 members
Vidhan Parishad maximum strength1/3 of Vidhan Sabha strength; minimum 40 members
Vidhan Sabha Speaker (first)G.V. Mavalankar (UP Vidhan Sabha, pre-independence)
CM’s articleArticle 164 – appointed by Governor; must be member of legislature
91st Amendment 2003State CoM capped at 15% of Vidhan Sabha strength; minimum 12 ministers
Article 167 – CM’s dutiesSame as PM’s duties to President under Article 78
Article 213Governor’s ordinance-making power (same as President’s Art 123 but for state)
Article 200Governor can give assent, return, withhold, or reserve Bill for President
Article 201Bill reserved by Governor for President – President can give assent or withhold
First woman GovernorSarojini Naidu (Uttar Pradesh, 1947-1949)

16. Key Takeaways for SSC Exams

  • Governor = constitutional head of state; appointed by President (Article 155); NOT elected
  • Governor’s term = 5 years; holds office during pleasure of President; can be removed anytime
  • Qualifications (Article 157): citizen + 35 years
  • Oath (Article 159): administered by Chief Justice of that state’s HC
  • Article 161 – Governor cannot pardon death sentences or court martial cases (only President can)
  • Article 163 – Governor has discretionary powers; wider than President’s
  • Article 200 – Governor can give assent, return, withhold, or reserve Bill for President
  • Article 213 – Governor’s ordinance power; valid for 6 weeks after legislature reassembles
  • Article 356 – President’s Rule; approved by Parliament within 2 months; maximum 3 years
  • S.R. Bommai Case 1994 – Art 356 subject to judicial review; floor test must precede dissolution
  • 6 states with bicameral legislature: AP, Telangana, Bihar, Maharashtra, Karnataka, UP
  • Vidhan Sabha: max 500, min 60; directly elected; 5-year term; Speaker presides
  • Vidhan Parishad: max 1/3 of VS; min 40; never dissolved; 6-year term; Chairman presides
  • CM: Article 164; appointed by Governor; collectively responsible to Vidhan Sabha
  • 91st Amendment 2003: State CoM capped at 15% of Vidhan Sabha strength; minimum 12
  • First woman Governor: Sarojini Naidu (UP, 1947-1949).

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