State Government, Centre-State Relations & Constitutional Bodies

The state executive

The Governor (Articles 153–162)

• The Governor is the constitutional head of a state, appointed by the President (on the advice of the Union Council of Ministers); one Governor may serve two or more states (7th Amendment 1956).
• Qualifications (Article 157): a citizen of India; 35 years; not a member of Parliament or a state legislature; no office of profit.
• Term (Article 156): 5 years, but holds office during the pleasure of the President (the Governor has no security of tenure). Oath: by the Chief Justice of the High Court.
• Powers:
  • Executive: appoints the Chief Minister (the leader of the majority party) and, on his advice, other ministers; the Advocate General, the members of the State Public Service Commission, and the State Election Commissioner; consults on the appointment of High Court judges; Chancellor of state universities (by convention).
  • Legislative: summons, prorogues the legislature, dissolves the Assembly; nominates members to the Legislative Council (1/6th, in fields of literature, science, art, cooperative movement, social service) and one Anglo-Indian member (ended 2020); assent to bills; reserve a bill for the President's consideration; promulgate ordinances when the legislature is not in session (Article 213) — valid for six weeks from the reassembly.
  • Financial: Money bills need his recommendation; the Annual Financial Statement is laid before the legislature; the Contingency Fund of the State is at his disposal.
  • Judicial (Article 161): pardon, reprieve, respite, remission, suspension and commutation of sentences under state laws — but he cannot pardon a death sentence or a court-martial sentence (the President can).
  • Discretionary powers: in choosing the Chief Minister when no party has a clear majority; recommending President's Rule; reserving a bill for the President; the Governors of Assam, Meghalaya, Tripura and Mizoram have special discretionary powers in tribal administration (Sixth Schedule).
• Sarkaria Commission (1983) and Punchhi Commission (2007) on Centre–State relations recommended that Governors be non-partisan, and that the Governor's removal should be by proper grounds.

Chief Minister and Council of Ministers (Articles 163–167)

• The Chief Minister (CM) is appointed by the Governor and heads the Council of Ministers; must be a member of the legislature (or become one within six months); the Council is collectively responsible to the Legislative Assembly (Article 164). The 91st Amendment (2003) limited the strength of the Council to 15 % of the strength of the Assembly (a minimum of 12 ministers, even in small states).
• Advocate General (Article 165) — the state's highest law officer.

The State Legislature (Articles 168–212)

• Unicameral in most states; bicameral in a few (Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra, Uttar Pradesh — six states; J&K's council was abolished in 2019). Article 169: Parliament may create or abolish a Legislative Council if the state Assembly passes a resolution by a special majority.
• Legislative Assembly (Vidhan Sabha): members are directly elected; strength between 60 and 500 (exceptions: Goa, Sikkim, Mizoram — fewer than 60, Arunachal 60); minimum age 25; term 5 years (extended by one year at a time in an emergency); headed by the Speaker and Deputy Speaker. Reservation of seats for SC and ST.
• Legislative Council (Vidhan Parishad): an indirectly elected, permanent House; strength not more than one-third of the Assembly's (and at least 40 members); minimum age 30; term 6 years (one-third retire every two years). Composition: 1/3 elected by the members of the Assembly, 1/3 by local bodies, 1/12 by teachers, 1/12 by graduates, 1/6 nominated by the Governor. The Council is a weaker House: it can delay a bill only for three months (the first time) and cannot reject a money bill; it can only recommend changes within 14 days. The Chairman and Deputy Chairman preside.
• Money bills originate only in the Assembly.
• The Union Territories: Article 239–241; Delhi (NCT, 69th Amendment 1991; Article 239AA — Assembly, Chief Minister, the Lieutenant Governor) and Puducherry and Jammu & Kashmir have Legislative Assemblies; the others (Andaman & Nicobar, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep, Ladakh) are administered by the President through an Administrator / Lieutenant Governor. There are 8 UTs.

Distribution of powers — the Seventh Schedule

42nd Amendment (1976) moved five subjects from the State to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, administration of justice.

Legislative relations (Articles 245–255)

• Parliament can legislate on a State List subject in five cases: (1) the Rajya Sabha passes a resolution by a two-thirds majority that it is necessary in the national interest (Article 249); (2) during a National Emergency (Article 250); (3) when two or more states request it (Article 252); (4) to implement international treaties (Article 253); (5) during President's Rule (Article 356).
• The Governor can reserve a bill for the President; the President's assent is needed on state bills on some subjects (for Concurrent List bills that conflict with the Union law).

Administrative relations (Articles 256–263)

• States must ensure compliance with Union laws; the Union can give directions to states; All-India Services (IAS, IPS, Indian Forest Service; Article 312) serve both the Centre and states. Inter-State Council (Article 263): set up in 1990 on the recommendation of the Sarkaria Commission; chaired by the Prime Minister; Zonal Councils (States Reorganisation Act 1956; five zones — Northern, Central, Eastern, Western, Southern; plus the North-Eastern Council, 1971).

Financial relations (Articles 268–293)

• Taxes levied by the Union and collected by states (stamp duties), levied and collected by the Union but assigned to the states (estate duty, taxes on inter-state trade), shared (income tax; Union excise duty) — the shared taxes are distributed by the Finance Commission, GST (since 2017) is shared between the Centre and states through the GST Council. Grants-in-aid (Article 275).
• Finance Commission (Article 280): appointed by the President every five years; consists of a Chairman and four members; recommends the sharing of net proceeds of taxes between the Union and the states and among the states, and the principles of grants. The 15th Finance Commission (chair N. K. Singh) covered 2021–22 to 2025–26; it recommended a 41 % share of the divisible pool for the states. The 16th Finance Commission (chair Arvind Panagariya, appointed 2023) has recommended for the period starting 2026–27 (check its report for the share).
• Consolidated Fund of India (Article 266), Contingency Fund (Article 267), Public Account. CAG (Article 148).

Inter-state relations

• Inter-state water disputes (Article 262) — the Inter-State Water Disputes Act 1956 (tribunals such as Krishna, Godavari, Cauvery, Ravi–Beas); Inter-state trade and commerce (Articles 301–307); Inter-state Council; full faith and credit (Article 261) to public acts of each state.