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.
SSC GOVERNOR CM and State Legislative Assembly PPT (LEC #14)
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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
Article
Subject
Article 153
There shall be a Governor for each State
Article 154
Executive power of the State vested in the Governor
Article 155
Governor appointed by the President of India
Article 156
Term of office of Governor – 5 years; holds office during pleasure of President
Article 157
Qualifications of Governor: citizen of India, completed 35 years of age
Article 158
Conditions of Governor’s office – cannot be member of Parliament or state legislature; must not hold office of profit
Article 159
Oath of Governor – administered by Chief Justice of the High Court of that state
Article 160
Discharge of functions of Governor in contingencies
Article 161
Power of Governor to grant pardons (except death sentence and court martial cases)
Article 162
Extent of executive power of State
Article 163
Council of Ministers to aid and advise Governor; Governor has discretion in certain matters
Article 164
CM appointed by Governor; other ministers appointed by Governor on CM’s advice; CoM collectively responsible to Legislative Assembly
Article 165
Advocate General of the State
Article 166
Conduct of business of State Government
Article 167
Duties of CM with respect to Governor (similar to PM’s duties to President under Article 78)
Article 168
Constitution of Legislatures in States: Governor + Legislative Assembly (and Legislative Council where it exists)
Article 170
Composition of Legislative Assembly (Vidhan Sabha)
Article 171
Composition of Legislative Council (Vidhan Parishad)
Article 172
Duration of State Legislatures
Article 174
Sessions of State Legislature; summoning, prorogation, dissolution by Governor
Article 175
Governor’s right to address and send messages to State Legislature
Article 176
Governor’s special address at commencement of first session
Article 178
Speaker and Deputy Speaker of Legislative Assembly
Article 182
Chairman and Deputy Chairman of Legislative Council
Article 200
Assent to Bills by Governor; Governor can reserve Bill for President’s consideration
Article 201
Bills reserved for President’s consideration by Governor
Article 202
Annual Financial Statement of State
Article 213
Ordinance-making power of Governor when legislature not in session
Article 214
High Courts for States
Article 356
President’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
Category
Power
Article / Details
Executive
Appoints CM; appoints other ministers on CM’s advice
Article 164
Executive
Appoints Advocate General of the State
Article 165
Executive
Appoints State Public Service Commission Chairman and members
Article 316
Executive
Can seek information from CM about state administration
Article 167
Legislative
Summons, prorogues, dissolves State Legislature
Article 174
Legislative
Addresses State Legislature; sends messages
Article 175
Legislative
Nominates 1/6 members of Legislative Council (if it exists)
Article 171(5)
Legislative
Assent to Bills; can withhold, return, or reserve for President
Article 200
Ordinance
Issue Ordinances when legislature not in session
Article 213
Pardoning
Grant pardon, commutation, remission, respite, reprieve (except death and court martial)
Article 161
Discretionary
Act without or against advice of CoM in certain situations
Article 163(2)
Financial
No Money Bill in state legislature without Governor’s recommendation
Article 207
5. Governor vs President – Key Differences
Feature
Governor (State)
President (Union)
Constitutional Article
Article 153-161
Article 52-62
Appointment
By President of India (Article 155)
Elected by Electoral College (Article 54)
Term
5 years – holds office during pleasure of President
5 years – can only be removed by impeachment
Removal
Can be removed by President at any time (no formal procedure)
Removed only by impeachment (Article 61) – very difficult
Qualifications
Citizen + 35 years (Article 157)
Citizen + 35 years + qualified for LS membership
Oath administered by
Chief Justice of that High Court (Article 159)
Chief Justice of India (Article 60)
Pardoning power
Article 161 – can pardon EXCEPT death sentences and court martial cases
Article 72 – can pardon in ALL cases including death sentence and court martial
Discretionary powers
Governor has wider discretionary powers than President
President acts only on Cabinet advice (44th Amendment 1978)
Veto on Bills
Can reserve Bill for President’s consideration (Article 200)
Can give assent, return, or withhold assent (Article 111)
Relationship with CoM
Article 163 – Governor has discretion in some matters
Article 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.
Situation
Governor’s Discretionary Power
No clear majority after election
Governor decides who to invite to form the government; tests majority on floor of House
Dismissal of CoM
If CM loses majority and refuses to resign, Governor can dismiss the ministry
Dissolution of Assembly
Governor can refuse CM’s advice to dissolve assembly if CM has lost majority
Reservation of Bills
Governor 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 available
During 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
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
Feature
Details
Constitutional Article
Article 356
Grounds
Governor’s report or President satisfied that government of state cannot be carried on in accordance with provisions of Constitution
Approval by Parliament
Both Houses must approve within 2 months by simple majority
Duration
Maximum 3 years (6 months at a time; each extension needs fresh parliamentary approval)
Beyond 1 year condition
After 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
Effect
State legislature dissolved or suspended; Governor administers state on behalf of President; Union government controls state
First imposition
PEPSU (Patiala and East Punjab States Union) – 1951
Maximum times imposed
Uttar 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
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)
12. Speaker of Vidhan Sabha and Chairman of Vidhan Parishad
Feature
Speaker of Vidhan Sabha
Chairman of Vidhan Parishad
Who
Elected by MLAs from among themselves
Elected by members of LC from among themselves
Article
Article 178
Article 182
Removal
Resolution by effective majority (majority of all current members); 14 days notice
Same procedure
Casting vote
Has casting vote in tie
Has casting vote in tie
Decides Money Bill
Speaker certifies whether a bill is Money Bill in state legislature
No power on Money Bills
Anti-Defection
Decides disqualification under 10th Schedule for Vidhan Sabha members
Decides for Vidhan Parishad members
13. Chief Minister – Powers and Functions
Appointment and Qualifications – Article 164
Article
Provision
Article 164
CM 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 166
Business of state government conducted in name of Governor; authenticated by rules made by Governor on CM’s advice
Article 167
CM must: communicate all Cabinet decisions to Governor; furnish information Governor calls for; submit matters to CoM if Governor requires
Article 163
CoM with CM at head to aid and advise Governor; Governor acts on advice except where discretion allowed
Article 174
Governor 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