Last reviewed · Written and checked by the Prelims Lab faculty · About 30 min to read
The Governor's office and discretion, the Chief Minister and ministers, Assemblies and Legislative Councils. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.
- The Governor: office
- Each State has a Governor, the formal head of the State, just as the President is for India. The Governor is appointed by the President (not elected) for 5 years, but can be removed by the President at any time.
- The Governor: powers
- Like the President, the Governor normally acts on the advice of the Council of Ministers. But the Governor has some discretion (own judgment), for example in reserving a bill for the President or reporting that the State government has failed (leading to President's Rule).
- Chief Minister and State Council of Ministers
- The Chief Minister is the real head of the State government. The Governor appoints as CM the leader who has majority support in the Legislative Assembly.
- State Legislature
- Some States have two Houses (bicameral), most have one.
How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.
1. The Governor: office
The bare text
Reading the text
- Appointed, not elected. Article 155 has one sentence: the President appoints the Governor by warrant. There is no electoral college, unlike the President’s own election under Article 54.
- “During the pleasure of the President” comes first in Article 156; the five-year term in clause (3) is “subject to” it. So the five years are a maximum, not a guarantee. There are no grounds and no procedure for removal in the text.
- Only two qualifications in Article 157: citizenship and 35 years. Not being a member of a legislature and not holding an office of profit are conditions of office in Article 158, not qualifications. A legislator can be appointed; the seat is vacated on taking office.
- Article 361 has two shields of different strength. Clause (1) protects the office: no court can question how the Governor used official powers. Clauses (2) and (3) protect the person: no criminal case can be started or continued, and no arrest ordered, during the term. Civil cases about personal acts are allowed after two months’ notice (clause 4). UPSC 2018 and 2025 tested exactly these lines.
The idea in brief
Each State has a Governor, the formal head of the State, just as the President is for India. The Governor is appointed by the President (not elected) for 5 years, but can be removed by the President at any time.
Exam notes
| Article 153 | A Governor for each State; the same person can be Governor of two or more States (7th Amendment, 1956) (PYQ 2013) |
| Appointment (Art 155) | By the President by warrant: neither elected directly nor indirectly (Canadian model). Citizen, 35 years; oath before the Chief Justice of the High Court |
| Term (Art 156) | Five years, but holds office during the pleasure of the President. No removal procedure or grounds in the Constitution (PYQ 2013). B.P. Singhal (2010): cannot be removed arbitrarily or for political reasons |
| Immunities (Art 361) | Not answerable to any court for official acts; no criminal proceedings during the term; no arrest; civil cases only after two months’ notice (PYQ 2018, 2025) |
| Emoluments | Fixed by Parliament; cannot be reduced during the term (PYQ 2018); if Governor of two States, shared as the President decides |
Remember itAppointed, not elected; pleasure, not tenure: the President appoints by warrant, the Governor serves at the President’s pleasure (no grounds, no procedure), but not for political reasons (B.P. Singhal, 2010). One person can hold two States.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| B.P. Singhal (2010) | Pleasure doctrine is not unfettered: no removal for political reasons or a change of government at the Centre; removal open to limited review |
| Commissions on appointment | Sarkaria: outsider, not active in politics recently, CM consulted. Punchhi: fixed five-year tenure, removal by Assembly resolution |
In depth: the story behind it and how UPSC asks it
The story behind it
The drafts of 1947 proposed an elected Governor. The Assembly dropped the idea: an elected Governor and an elected Chief Minister could become rival centres of power in a parliamentary system. Appointment by the President, on the Union Cabinet’s advice, was chosen instead, and with it the “pleasure” clause that later caused so much controversy.
For decades Governors were removed whenever the government at the Centre changed. In B.P. Singhal (2010) a Constitution Bench held that the pleasure is not unfettered: a Governor cannot be removed arbitrarily, or merely because their views differ from the Union government’s, and the removal can be judicially reviewed in such cases. The Sarkaria Commission (1988) and the Punchhi Commission (2010) both asked for a fixed tenure and consultation with the Chief Minister; neither suggestion has been written into the text.
In Rameshwar Prasad (2006), on the dissolution of the Bihar Assembly, the Court held that Article 361 gives the Governor personal immunity, but it does not stop the Court from examining whether the action itself was valid. In July 2024 the Supreme Court agreed to examine how far the criminal immunity in Article 361(2) extends.
How UPSC asks it
- UPSC 2025 With reference to the Indian polity, consider the following statements:
- The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
- No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
- Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
(d) 1, 2 and 3. Article 361(1), 361(2) and Article 194(2). - UPSC 2018 Consider the following statements:
- No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
- The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(c) Both 1 and 2. Articles 361(2) and 158(4). - UPSC 2013 Which one of the following statements is correct?
- In India, the same person cannot be appointed as Governor for two or more States at the same time.
- The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President.
- No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.
- In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Show answer
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post. The Governor serves at the President’s pleasure; no removal procedure exists. High Court judges and UT Chief Ministers are appointed by the President.
2. The Governor: powers
The bare text
Reading the text
- Article 163 is the President’s Article 74 with one big difference. Article 74 has no discretion clause. Article 163(1) expressly says the Governor may act “in his discretion” where the Constitution requires it, and 163(2) makes the Governor the judge of when that is. This is why UPSC 2025 could say the Constitution “explicitly mentions” the Governor’s discretion: it does.
- Where the text spells out discretion: Article 371A (Nagaland: law and order, the Governor’s “individual judgment”), Article 239(2) (a Governor running an adjoining Union Territory acts “independently of his Council of Ministers”) and the Sixth Schedule (sharing mining royalties with district councils). Other cases, such as choosing a Chief Minister after a hung verdict, reporting under Article 356 or reserving a Bill for the President, are discretion by circumstance, not spelt out as discretion in the text (UPSC 2014).
- Article 200 gives three choices (assent, withhold, reserve) and then a return option in the first proviso, for any Bill other than a Money Bill. If the House passes it again, the Governor “shall not withhold assent”. The only compulsory reservation is in the second proviso: a Bill that would weaken the High Court.
- “As soon as possible” is the only time word in Article 200. It is why the timelines dispute arose.
- Article 161 is narrower than Article 72. It covers offences against State laws only. It has no separate clause for courts-martial or for death sentences, both of which Article 72 mentions. So the President alone deals with courts-martial.
- Article 213(1)’s proviso makes the Governor take the President’s instructions before an Ordinance on a subject that, as a Bill, would have needed the President’s prior sanction or reservation.
The idea in brief
Like the President, the Governor normally acts on the advice of the Council of Ministers. But the Governor has some discretion (own judgment), for example in reserving a bill for the President or reporting that the State government has failed (leading to President’s Rule).
Exam notes
| Power | Key points |
|---|---|
| Executive | Appoints the Chief Minister and ministers, the Advocate General, State Election Commissioner, State PSC chairman and members (removed only by the President), vice-chancellors as chancellor |
| Legislative | Summons, prorogues, dissolves the Assembly; address at the first session after each election and at the first session of each year (Art 176) (PYQ 2019); nominates one-sixth of the Legislative Council |
| Bills (Art 200) | Assent, withhold, return (not a Money Bill), or reserve for the President. Reservation is compulsory if the bill endangers the High Court’s position. The President cannot pick a State bill on his own: it must be reserved by the Governor (PYQ 2025) |
| Ordinance (Art 213) | When the State legislature is not in session; needs presidential instruction in some cases |
| Pardon (Art 161) | For State-law offences; cannot pardon a death sentence (can commute, suspend, remit) and has no power over court-martial |
| Discretion (Art 163) | Constitutional: reserving bills for the President; recommending President’s Rule; acting as administrator of a neighbouring UT; Sixth Schedule royalty disputes; seeking information from the CM (PYQ 2014). Situational: choosing a CM in a hung Assembly, dismissing a ministry that lost confidence. The Constitution expressly mentions discretion (PYQ 2025) |
| Prelims trap: Appointing ministers and making rules of business are done on advice, not in discretion (PYQ 2014). High Court judges are appointed by the President, not the Governor (PYQ 2013). | |
| Perarivalan (2022) | Governor bound by State Cabinet’s advice on remission under Article 161 |
| Governor cannot pardon | Death sentences (can commute) or court martial sentences |
| Ordinance (Art 213) | Needs President’s instructions if the bill would need his sanction or assent |
| Chancellor of universities | Under State laws, not the Constitution; several States have amended these laws |
Remember itGovernor vs President on pardon: Governor can commute a death sentence but not pardon it, and has no say on court-martial. Bills: assent, withhold, return once, or reserve; reservation is compulsory if the High Court is threatened.
Beyond the basics · ranker’s edge
| Case or point | Depth |
|---|---|
| Art 163(2) | If a question arises whether a matter is within discretion, the Governor’s decision is final; validity cannot be questioned on that ground |
| Nabam Rebia (2016) | Governor cannot summon or advance a session on his own when the CM has majority; discretion is limited |
| State of Punjab v. Governor (Nov 2023) | “Withhold” under Art 200 must be followed by returning the bill; the Governor cannot sit on bills indefinitely |
| Tamil Nadu v. Governor (Apr 2025) | Held the withholding of 10 bills illegal, set timelines and used Art 142 to treat them as assented. The Presidential reference opinion (Nov 2025) later said courts cannot fix timelines or deem assent |
| Chancellor role | From State university Acts. Kerala, Tamil Nadu and West Bengal passed bills to replace the Governor as chancellor |
In depth: the story behind it and how UPSC asks it
The story behind it: the Bills that waited
From 2020 onwards several Governors sat on Bills for months or years, in Tamil Nadu, Kerala, Punjab and elsewhere. In State of Tamil Nadu v Governor of Tamil Nadu (April 2025), a two-judge bench set time limits and, using Article 142, declared ten pending Bills to have received assent. The President then referred the question under Article 143. In the 16th Presidential Reference (November 2025), a Constitution Bench answered that courts cannot fix timelines for the Governor or the President, and there is no “deemed assent”. But the Governor cannot sit on a Bill indefinitely: prolonged, unexplained inaction can be examined by the courts in a limited way.
Two earlier cases set the base. Shamsher Singh (1974): the Governor, like the President, acts on ministerial advice except where discretion is given. Nabam Rebia (2016), on Arunachal Pradesh: the Governor cannot summon or advance a session of the Assembly on their own; the discretion under Article 163 is limited to what the Constitution provides.
How UPSC asks it
- UPSC 2025 Consider the following statements:
- The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
- The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(a) 1 only. Article 163 refers to the Governor’s discretion. A State bill reaches the President only if the Governor reserves it. - UPSC 2019 With reference to the Legislative Assembly of a State in India, consider the following statements:
- The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
- When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(a) 1 only. The Governor addresses the first session each year (Art 176). There is no rule that State legislatures follow Lok Sabha rules. - UPSC 2014 Which of the following are the discretionary powers given to the Governor of a State?
- Sending a report to the President of India for imposing the President's rule
- Appointing the Ministers
- Reserving certain bills passed by the State Legislature for consideration of the President of India
- Making the rules to conduct the business of the State Government
- 1 and 2 only
- 1 and 3 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Show answer
(b) 1 and 3 only. Reports under Article 356 and reservation of bills are discretionary. Ministers and rules of business are on advice.
3. Chief Minister and State Council of Ministers
The bare text
Reading the text
- Nothing says the Chief Minister must have a majority. Article 164(1) only says the Governor appoints. The majority requirement comes from 164(2): the Council is “collectively responsible to the Legislative Assembly”, so a government that loses the Assembly’s confidence must go.
- “Pleasure of the Governor” in practice means the pleasure of the Assembly. A Governor cannot dismiss a Chief Minister who still has a majority.
- The tribal welfare proviso names four States: Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. Bihar was in the original list and was dropped by the 94th Amendment (2006) after Jharkhand was carved out of it.
- 15 per cent, but never fewer than 12. The floor in the proviso to 164(1A) is why small Assemblies like Goa, Sikkim and Mizoram (40 members each) may have 12 Ministers, which is more than 15%.
- Six consecutive months (164(4)): a non-member can be Chief Minister or Minister, but only for six months without winning a seat. In S.R. Chaudhuri (2001) the Court held that the same person cannot be reappointed after the six months without being elected in between.
- Advocate-General: qualified to be a High Court judge, appointed by the Governor and holds office at the Governor’s pleasure. In practice the AG resigns when the government changes. UPSC 2009 tested whether the President appoints the AG: no, the Governor does.
The idea in brief
The Chief Minister is the real head of the State government. The Governor appoints as CM the leader who has majority support in the Legislative Assembly.
Exam notes
| Appointment (Art 164) | CM appointed by the Governor; other ministers by the Governor on the CM’s advice. A non-member can be minister for six months, but must be qualified to be an MLA (e.g., 25 years), not merely a voter (PYQ 2020) |
| Size | Not more than 15% of the Assembly, and not less than 12 (91st Amendment) |
| Responsibility | Collectively responsible to the Legislative Assembly |
| Article 167 | CM’s duty to inform the Governor of all decisions and legislative proposals |
| Chief Secretary | Senior-most civil servant of the State; chosen by the State government (CM), not the Governor; no fixed tenure (PYQ 2016) |
| Advocate General (Art 165) | Appointed by the Governor (not the President); qualified to be a High Court judge; holds office at the Governor’s pleasure; can speak in the State legislature but not vote (PYQ 2009) |
Remember itSame rules as the Centre, State-sized: 15% cap with a floor of 12, six months for a non-member, collective responsibility to the Assembly. Advocate General = the Governor’s appointee, can speak but not vote.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| Six-month rule | S.R. Chaudhuri (2001) applies to State ministers too |
| Advocate General | Can speak in both Houses of the State legislature, cannot vote |
In depth: the story behind it and how UPSC asks it
The story behind it: the floor test
Who becomes Chief Minister after a hung Assembly used to be settled in Raj Bhavan. S.R. Bommai (1994) moved the question to the floor of the House: whether a government has a majority must be tested in the Assembly, not in the Governor’s opinion. The Court has since ordered quick floor tests, in Karnataka (2018) and Maharashtra (2019), to stop Governors from giving one side time to gather numbers. In Subhash Desai (2023), on Maharashtra, the Court held that the Governor had no objective material to call for a floor test in 2022.
The Chief Secretary, the senior-most civil servant of the State, is not a constitutional office at all. The State government chooses the Chief Secretary, and there is no fixed tenure (UPSC 2016).
How UPSC asks it
- UPSC 2016 Consider the following statements:
- The Chief Secretary in a State is appointed by the Governor of that State.
- The Chief Secretary in a State has a fixed tenure.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(d) Neither 1 nor 2. The State government (CM) selects the Chief Secretary, and there is no fixed tenure. - UPSC 2009 Consider the following statements:
- The Advocate General of a State in India is appointed by the President of India upon the recommendation of the Governor of the concerned State.
- As provided in the Civil Procedure Code, High Courts have original, appellate and advisory jurisdiction at the State level.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(d) Neither 1 nor 2. The Governor appoints the Advocate General. High Courts have no advisory jurisdiction.
4. State Legislature
The bare text
Reading the text
- The Governor is part of the State Legislature (Article 168), just as the President is part of Parliament.
- The list in Article 168 is not the list of States with Councils. Tamil Nadu and Madhya Pradesh appear in the text, but neither has a Council. Madhya Pradesh’s was provided for in 1956 and never set up; Tamil Nadu’s was revived by a 2010 Act of Parliament that was never brought into force. Six States actually have Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
- Creating or abolishing a Council is a two-step process: a special-majority resolution of the Assembly, then an ordinary Act of Parliament. Article 169(3) says that Act is not an amendment under Article 368, even though it changes the Constitution’s text.
- Article 170: 500 maximum, 60 minimum, but Goa, Sikkim, Mizoram and Puducherry have fewer than 60 under special provisions. UPSC 2008 asked about these numbers.
- The Council’s composition adds up to fractions: one-third local bodies, one-twelfth graduates, one-twelfth teachers, one-third elected by MLAs from outside the Assembly, and the rest, about one-sixth, nominated by the Governor. Its size is at most one-third of the Assembly and at least 40.
The idea in brief
Some States have two Houses (bicameral), most have one.
Exam notes
| Point | Legislative Assembly | Legislative Council |
|---|---|---|
| Size | Not more than 500, not less than 60 (exceptions: Sikkim 32, Goa and Mizoram 40) (PYQ 2008) | Not more than one-third of the Assembly, not less than 40 |
| How chosen | Direct election | 1/3 by MLAs, 1/3 by local bodies, 1/12 graduates, 1/12 teachers, 1/6 nominated by the Governor |
| Minimum age | 25 (PYQ 2008) | 30 |
| Term | Five years | Permanent; one-third retire every second year |
| Powers | Real power; ministry responsible to it | Can delay an ordinary bill (3 months, then 1 month) and a Money Bill (14 days); cannot block |
| In detail: Article 169: a Council is created or abolished by Parliament (simple majority) after the Assembly passes a resolution by special majority. Councils exist in six States: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka. When a State Assembly has no rule on a matter it does not automatically follow Lok Sabha rules (PYQ 2019). Members of State legislatures cannot be sued for anything said in the House (Art 194) (PYQ 2025). | ||
| Item | Point |
|---|---|
| Legislative Councils (6) | Andhra Pradesh, Telangana, UP, Bihar, Maharashtra, Karnataka; Tamil Nadu’s abolished 1986 |
| Council composition | 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 MLAs, 1/6 nominated; minimum 40 |
| Assembly size | 60–500 (exceptions: Sikkim 32, Goa and Mizoram 40); UP largest (403); quorum 10 or 1/10 |
| Council delays | Ordinary bill up to 4 months (3 + 1); Money Bill 14 days; no joint sitting in States |
Remember itSix Councils: “A Tall Uncle Bought Mangoes in Karnataka” (AP, Telangana, UP, Bihar, Maharashtra, Karnataka). Council fractions: 1/3 MLAs, 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/6 nominated.
Beyond the basics · ranker’s edge
| Point | Depth |
|---|---|
| Council changes | J&K’s Council abolished in 2019. Andhra Pradesh resolved to abolish its Council (2020) and withdrew (2021). Bills for Councils in Rajasthan and Assam are pending; Odisha (2018) and West Bengal (2021) passed resolutions |
| Speaker and defection | Subhash Desai (2023): the political party, not the legislature party, appoints the whip; Speaker must decide defection petitions in reasonable time |
| Smallest Assemblies | Sikkim 32; Puducherry (a UT) has 30 elected |
In depth: the story behind it and how UPSC asks it
The story behind it
The Assembly was divided on second chambers in the States. Supporters saw a place for experienced people outside party politics; critics saw a costly body that could only delay. The compromise was to let each State decide. As a result Councils have come and gone: Andhra Pradesh abolished its Council in 1985 and restored it in 2007, Tamil Nadu abolished its Council in 1986, and Jammu and Kashmir’s ended with the 2019 reorganisation. A State Council is much weaker than the Rajya Sabha: it can delay an ordinary Bill by at most four months in total (Article 197) and has no say in Constitutional amendments or in electing the President.
How UPSC asks it
- UPSC 2008 Consider the following statements: The Constitution of India provides that: 1. the Legislative Assembly of each State shall consist of not more than 450 members chosen by direct election from territorial constituencies in the State. 2. a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State if he/she is less than 25 years of age.
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
(b) 2 only. The upper limit is 500, not 450 (Art 170). The minimum age is 25 (Art 173).
5. Quick revision and traps
Exam notes
| Governor | Appointed by the President; no removal procedure; can serve two States |
| Discretion | Reserve bills; report for President’s Rule |
| 60–500 | Assembly size; Council up to one-third of Assembly, minimum 40 |
| Six Councils | AP, Telangana, UP, Bihar, Maharashtra, Karnataka |
Beyond the basics · ranker’s edge
| PYQ pattern | How to prepare |
|---|---|
| Governor’s discretion | Constitutional vs situational list; 2025 asked it directly |
| Assent to State bills | Articles 200 and 201 with the 2023–25 judgments |
| Council composition | The fractions 1/3, 1/3, 1/12, 1/12, 1/6 |