Polity · Chapter 08

🏴 State Government

Governor, CM, 7th Schedule and state legislature.

🏛️ Government at the State Level

India is a federal union — each state has its own government mirroring the Centre. The state government consists of Governor (constitutional head) + Chief Minister (real executive) + Council of Ministers + State Legislature.

Governor (Articles 153–162):
• Appointed by President (on PM's advice) — NOT elected
• Constitutional head of state — acts on CM's advice (Art 163)
• Term: 5 years — holds office during pleasure of President (can be removed earlier)
• Must be Indian citizen, 35+ years, not a member of any legislature
• Dual role: (1) Constitutional head of state, (2) Agent of Centre in state
• Key powers: appoints CM, addresses legislature, withholds assent to Bills, reserves Bills for President's consideration

Chief Minister: Real executive of state. Leader of majority party in State Legislative Assembly. Appointed by Governor. Must be member of state legislature within 6 months. Heads State Cabinet. Collectively responsible to State Assembly.

🏛️ State Legislature

Unicameral states (only Vidhan Sabha): Most states — one house.
Bicameral states (Vidhan Sabha + Vidhan Parishad): Only 6 states — Andhra Pradesh, Telangana, Maharashtra, Karnataka, Bihar, Uttar Pradesh + J&K (now UT).
Vidhan Sabha (Legislative Assembly): Lower house, directly elected, max 500 members (min 60). Term 5 years. Can be dissolved. Speaker presides.
Vidhan Parishad (Legislative Council): Upper house, max 1/3 of Assembly members (min 40). Permanent body. Indirectly elected + some members nominated by Governor.

🔑 Governor's discretionary powers

Governor has more discretionary powers than President:
• Appointment of CM — when no clear majority in hung assembly
• Dismissal of CM — when CM loses assembly confidence and refuses to resign
• Dissolution of assembly — on CM advice or against it (if alternative government possible)
• Reserving Bills — for President's consideration (Art 201) — no time limit!
• Sending reports — for Art 356 proclamation
• Chancellor of state universities — in most states
SC: Governors should act on CM advice normally; discretion only in exceptional circumstances.

🎬

Centre vs State Powers — 7th Schedule

Animation
7th SCHEDULE — DIVISION OF POWERS — CLICK EACH LIST UNION LIST 97 subjects Only PARLIAMENT can legislate • Defence • Foreign affairs • Railways • Banking and insurance • Atomic energy • Currency and coinage • Citizenship • Income tax (except agri) • Customs duty • Post and telegraphs • Inter-state trade Centre has exclusive power States cannot legislate on these STATE LIST 61 subjects Only STATE can legislate (normally) • Police • Public order • Land and land revenue • Agriculture • Irrigation • Local government • Public health • Betting and gambling • Prisons • Markets and fairs • Intra-state trade Parliament can legislate in special cases Art 249: National interest | Art 250: Emergency CONCURRENT LIST 52 subjects Both Centre AND State can legislate • Criminal law (IPC) • Criminal procedure (CrPC) • Civil procedure (CPC) • Education • Forests • Electricity • Marriage and divorce • Labour welfare • Newspapers, books • Economic planning • Drugs Conflict: CENTRE prevails (Art 254) State law void if contradicts Central law CLICK A LIST Residuary powers (subjects NOT in any list) vest with CENTRE (unlike USA where residuary is with states).

India is federal but Centre-leaning — Union List is bigger and residuary powers are with Centre.

📜

State Government Key Concepts

Interactive
AppointmentBy President — on advice of PM
Term5 years — holds office during President pleasure
QualificationsIndian citizen, 35+, not member of any legislature
Dual roleConstitutional head of state + Agent of Centre
Key powerReserves Bills for President consideration — no time limit
Practice (SSC): What are the special powers of Rajya Sabha that Lok Sabha does not have?
Special (Exclusive) Powers of Rajya Sabha:

1. Article 249 — Rajya Sabha can pass a resolution by 2/3 majority declaring it expedient in national interest for Parliament to legislate on a State List subject. Valid for 1 year (extendable). Lok Sabha cannot do this alone.

2. Article 312 — Rajya Sabha can pass a resolution by 2/3 majority to create new All India Services common to Centre and states. (IAS, IPS, IFS were created this way.) Lok Sabha cannot create new All India Services.

These two powers reflect Rajya Sabha's role as guardian of states' interests. By giving Rajya Sabha these special powers, the Constitution ensures that even the Central government needs the consent of states' representative body to encroach on state subjects.

Why Rajya Sabha is a "permanent body":
• Cannot be dissolved — continues even when Lok Sabha is dissolved
• 1/3 members retire every 2 years
• This means there is always a continuing legislature — important for national stability
• All pending bills in Lok Sabha lapse on dissolution, but Rajya Sabha bills continue
Practice (SSC): What is a Union Territory? How is it governed differently from a state?
Union Territory (UT) — an administrative division governed directly by the Central Government, unlike states which have their own governments.

Why UTs exist:
• Too small for full statehood (Lakshadweep, Andaman)
• Strategic importance (Chandigarh — shared capital of Punjab and Haryana)
• Special circumstances (Delhi, J&K — political/historical reasons)

India's UTs (as of 2024): 8 UTs
1. Delhi (NCT) — has legislature and CM but limited powers
2. Puducherry — has legislature and CM
3. Jammu and Kashmir — has legislature (created after Art 370 abrogation 2019)
4. Andaman and Nicobar Islands — no legislature
5. Chandigarh — no legislature
6. Dadra and Nagar Haveli and Daman and Diu — no legislature (merged 2020)
7. Lakshadweep — no legislature
8. Ladakh — no legislature (created 2019)

Governance:
• UTs with legislature: Lt. Governor (LG) + elected CM + Council of Ministers
• UTs without legislature: Lt. Governor / Administrator appointed by President governs directly
• Parliament legislates for UTs

Key conflict: Delhi CM vs LG — NTC Delhi Act 2021, Supreme Court judgments on who controls services in Delhi.
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