Governor & State Legislature
Constitution Special · राज्यपाल और राज्य विधानमंडल
📋Quick Overview
India has a parliamentary system at the state level as well. The Governor (Art 153–162) is the constitutional head of a state — appointed by the President, not elected. The real executive power lies with the Chief Minister and Council of Ministers who must enjoy the confidence of the Vidhan Sabha. State Legislature (Art 168–212) can be unicameral (one house) or bicameral (two houses). Only 6 states have bicameral legislatures with a Vidhan Parishad (Legislative Council). The CM (Art 163–164) is appointed by the Governor and heads the state government.
6 States with Vidhan Parishad (Legislative Council): UP (largest — 100 seats), Maharashtra, Bihar, Karnataka, Telangana, Andhra Pradesh. All other states have only Vidhan Sabha (unicameral).
📖Governor — Key Facts
| Detail | Provision |
|---|---|
| Articles | Art 153–162 |
| Appointment | By President (Art 155) — not elected |
| Term | 5 years — holds office during pleasure of President (can be removed earlier) |
| Minimum age | 35 years |
| Must NOT be | Member of Parliament or state legislature; must not hold any other office of profit |
| Oath administered by | Chief Justice of the concerned High Court |
| Ordinance power | Art 213 — when state legislature not in session |
| Pardon power | Art 161 — can pardon, reprieve, remit for state laws (not for Army offences or death penalty for Union law) |
| Discretionary Powers | 1) Recommending President's Rule (Art 356), 2) Reserving bills for President's consideration (Art 200), 3) Appointing CM when no clear majority, 4) Dissolving Vidhan Sabha on CM's advice |
| Report for President's Rule | Governor submits report to President under Art 356 if Constitutional machinery fails in state |
📖State Legislature — Comparison
| Feature | Vidhan Sabha (Lower) | Vidhan Parishad (Upper) |
|---|---|---|
| Also called | Legislative Assembly | Legislative Council |
| Who can have | All states (mandatory) | Only 6 states (optional — can be created/abolished by Parliament on state resolution) |
| Maximum seats | 500 (minimum 60; except smaller states like Goa 40, Sikkim 32) | |
| Maximum seats | 1/3 of Vidhan Sabha strength (minimum 40) | |
| Term | 5 years (can be dissolved by Governor) | |
| Term | Permanent body; 1/3 retire every 2 years; each member 6-year term | |
| Minimum age | 25 years | |
| Minimum age | 30 years | |
| Presiding officer | Speaker (elected by members) | |
| Presiding officer | Chairman (elected by members) |
📝States with Vidhan Parishad & Largest Assemblies
- •6 States with Vidhan Parishad: UP (100 seats), Maharashtra, Bihar, Karnataka, Telangana, Andhra Pradesh
- •Largest Vidhan Sabha: UP (403 seats). Smallest: Sikkim (32 seats)
- •Largest Vidhan Parishad: UP (100 seats); followed by Maharashtra (78 seats)
- •Vidhan Parishad composition: 1/3 elected by MLAs, 1/3 by local bodies, 1/12 by teachers, 1/12 by graduates, 1/6 nominated by Governor
- •Quorum of Vidhan Sabha = 1/10 of total members