BharatNotes Constitutional Framework
Part VI of the Constitution (Articles 152–237) deals with the State Government. The structure mirrors the Union Executive — the Governor is the constitutional head, while the Chief Minister and Council of Ministers exercise real executive power.
Note: Part VI does not apply to Jammu & Kashmir (prior to the abrogation of Article 370 in 2019) or to Union Territories.
The Governor (Articles 153–162)
Key Constitutional Provisions
| Article | Subject |
|---|---|
| 153 | Governors of States — there shall be a Governor for each State (one person can be Governor of two or more States — 7th Amendment, 1956) |
| 154 | Executive power of the State vested in the Governor |
| 155 | Appointment — by the President by warrant under his hand and seal |
| 156 | Term — holds office for 5 years during the pleasure of the President |
| 157 | Qualifications — citizen of India, completed 35 years of age |
| 158 | Conditions — shall not be a member of Parliament or State Legislature; shall not hold any office of profit |
| 159 | Oath or affirmation |
| 160 | Discharge of Governor's functions in certain contingencies |
| 161 | Pardoning power of the Governor |
| 162 | Extent of executive power of the State |
Appointment and Tenure
| Feature | Detail |
|---|---|
| Appointed by | President (on the advice of the Central Government) |
| Not elected | Unlike the President, the Governor is not elected — this is a key point of controversy |
| Tenure | 5 years, but serves at the pleasure of the President — can be removed at any time without reason or notice |
| No security of tenure | The Supreme Court in B.P. Singhal v. Union of India (2010) held that the President's pleasure is not justiciable, but the power cannot be exercised arbitrarily or without reason |
| Reappointment | No bar on reappointment; can be transferred from one state to another |
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 State Legislature
- Must not hold any office of profit
Powers of the Governor
1. Executive Powers
- All executive action of the State Government is taken in the name of the Governor (Article 166)
- Appoints the Chief Minister and other Ministers (Article 164)
- Appoints the Advocate General (Article 165), Chairman and members of the State Public Service Commission (Article 316), State Election Commissioner (Article 243K), and Vice-Chancellors of state universities (under respective university acts)
- Can seek any information from the CM relating to administration (Article 167)
2. Legislative Powers
- Summons, prorogues State Legislature; can dissolve the Vidhan Sabha (Article 174)
- Addresses the State Legislature at the commencement of the first session each year (Article 176)
- Can nominate 1/6th of the members of the Vidhan Parishad (Legislative Council) — persons with knowledge in literature, science, art, cooperative movement, and social service (Article 171)
- Gives assent to Bills, withholds assent, or reserves Bills for the President's consideration (Article 200)
- Can promulgate ordinances when the State Legislature is not in session (Article 213)
3. Pardoning Power (Article 161)
| Power | Available to Governor? |
|---|---|
| Pardon | Yes — for offences against State laws |
| Commutation | Yes |
| Remission | Yes |
| Respite | Yes |
| Reprieve | Yes |
| Death sentence | Cannot pardon a death sentence (only the President can under Article 72) |
| Court Martial | No power in Court Martial cases |
Discretionary Powers of the Governor
The Constitution says the Governor exercises functions "in his discretion" in certain cases (Article 163(2)). Key discretionary situations include:
| Situation | Discretion |
|---|---|
| Reserving a Bill for the President (Article 200) | Governor can reserve any Bill at his discretion |
| Recommending President's Rule (Article 356) | Sends a report to the President if constitutional machinery has failed in the state |
| Appointing the CM in a hung assembly | When no party has a clear majority, the Governor exercises judgment in inviting a leader to form government |
| Dismissing the CM if the CM loses majority | Governor can ask the CM to prove majority on the floor |
| Sixth Schedule areas (Assam, Meghalaya, Tripura, Mizoram) | Specific discretionary powers regarding tribal areas |
| Special responsibility for certain states | E.g., Maharashtra and Gujarat (Article 371), Nagaland (Article 371A) |
Key distinction: The President has a fixed 5-year term and can only be removed by impeachment (a quasi-judicial process requiring special majority in both Houses). The Governor also has a 5-year term but serves at the pleasure of the President — meaning the Centre can remove a Governor at any time without reason, without notice, and without Parliament's approval. This difference makes the Governor's office inherently vulnerable to political manipulation.
Exam Tip: The S.R. Bommai case (1994) is the single most important judgment on Centre-State relations. It held that the President's satisfaction under Article 356 is judicially reviewable, the state assembly should be dissolved only after Parliament approves the proclamation, and the floor of the House is the only test of majority — not the Governor's subjective assessment. Cite this case in every Mains answer on Article 356 or Governor controversies.
Governor Controversies
| Issue | Detail |
|---|---|
| Delay in giving assent to Bills | Governors in Tamil Nadu, Kerala, Punjab, and other states have delayed assent to Bills indefinitely — the Supreme Court has criticised this practice |
| Misuse of Article 356 | Governors have been accused of recommending President's Rule for political reasons — the S.R. Bommai case (1994) imposed safeguards |
| Floor test controversies | Governors have been accused of inviting minority party leaders to form government — e.g., Karnataka (2018), Maharashtra (2019) |
| Post-poll government formation | Discretion in calling the leader of the largest party vs largest coalition has been controversial |
Governor's Assent on Bills — Articles 200 and 201
Article 200 governs the Governor's options when a Bill is presented for assent. There are four options:
- Give assent — the Bill becomes law
- Withhold assent — the Bill does not become law (but per recent SC rulings, Governor must remit to the Legislature for reconsideration, not indefinitely stall)
- Return for reconsideration — only for non-Money Bills (Bill returns to Legislature; if re-passed, Governor must give assent)
- Reserve for President's consideration — Bill goes to President under Article 201
Article 200 — Bills that MUST be reserved for the President:
- Bills derogating from the powers of the High Court (proviso to Article 200)
- Bills imposing taxes on water/electricity of inter-state rivers
- Bills affecting compulsory acquisition of property under Article 31A (pre-1st Amendment)
- Bills affecting Hindi as official language (Article 348)
Article 201 — President's options on reserved Bills:
- Give assent
- Withhold assent
- Direct the Governor to return the Bill to the State Legislature for reconsideration
Unlike Parliament's Bills under Article 111, when the State Legislature re-passes a reserved Bill, the President is NOT bound to give assent — the President can still withhold assent. This makes Article 201 a more powerful tool than Article 111.
Governor's Ordinance Power — Article 213
Parallel to the President's power under Article 123:
| Feature | Detail |
|---|---|
| When | When State Legislature (Vidhan Sabha, or where bicameral, both Houses) is NOT in session |
| Condition | Governor must be satisfied that circumstances require immediate action |
| Scope | Same as State Legislature — subjects in State List + Concurrent List |
| Limitation | Cannot promulgate ordinances on subjects requiring Presidential assent (Article 213(1) proviso) |
| Duration | Must be laid before State Legislature when it reassembles; ceases to operate 6 weeks after reassembly unless approved |
| Judicial review | Same principles as Article 123 — D.C. Wadhwa v. Bihar (1987) and Krishna Kumar Singh v. State of Bihar (2017, 7-judge) apply equally to Article 213 |
Landmark SC Cases on Governor's Powers
| Case | Year | Holding |
|---|---|---|
| S.R. Bommai v. UOI | 1994 | 9-judge bench. Floor of the House is the only test of majority. Article 356 is judicially reviewable. Secularism is a basic feature |
| Rameshwar Prasad v. UOI (Bihar Assembly Dissolution) | 2006 | 5-judge bench, 3:2. Governor's report on Bihar in 2005 was held mala fide; SC ruled Governor cannot recommend dissolution based on "subjective satisfaction" alone |
| B.P. Singhal v. UOI | 2010 | 5-judge bench. President's "pleasure" doctrine for Governor removal is justiciable — cannot be arbitrary or for extraneous political reasons; must be in public interest |
| Nabam Rebia v. Deputy Speaker (Arunachal Pradesh) | 2016 | 5-judge bench. Governor must act on aid and advice of CoM (Art 163), with limited exceptions. Governor cannot interfere with internal proceedings of the Legislature |
| Shivraj Singh Chouhan v. Speaker, MP Assembly | 2020 | Floor test must be conducted promptly when Governor instructs; even Speaker's anti-defection proceedings cannot delay |
| State of Punjab v. Principal Secretary to Governor | 10 Nov 2023 | 3-judge bench. Governor cannot withhold assent indefinitely under Art 200; must remit Bill to Legislature for reconsideration |
| State of Tamil Nadu v. Governor of TN | 8 April 2025 | 2-judge bench (Pardiwala + Mahadevan). Prescribed 1-month/3-month timelines for Governor; declared 10 TN bills "deemed assented" under Art 142. (2025 INSC 481) |
| Presidential Reference Advisory Opinion (In re: Assent, Withholding or Reservation of Bills) | 20 November 2025 | 5-judge Constitution Bench (CJI Gavai bench). (2025 INSC 1333). Held: (i) all three Art 200 options are Governor's discretion — not bound by CoM advice; (ii) decisions under Arts 200/201 NOT justiciable pre-enactment; (iii) "deemed assent" impermissible; (iv) no judicially imposed timelines; (v) only "prolonged unexplained indefinite inaction" attracts limited judicial scrutiny (mandamus only) |
Commission Recommendations on the Governor
| Commission | Year | Key Recommendations |
|---|---|---|
| Administrative Reforms Commission (1st) | 1966 | Governor should be an eminent person from outside the state |
| Sarkaria Commission | 1983 (submitted 1988) | Vice-President and Speaker should be consulted in selection; Governor should be from outside the state and not involved in active politics; fixed 5-year term recommended |
| National Commission to Review the Working of the Constitution (NCRWC) | 2000–02 | Governor's appointment should be entrusted to a committee |
| Punchhi Commission | 2007 (submitted 2010) | Governor should have a fixed tenure; removal should follow an impartial process; CM should be consulted; Lokpal-like mechanism for accountability |
Chief Minister & State Council of Ministers (Articles 163–167)
Article 163: Council of Ministers to Aid and Advise the Governor
- There shall be a Council of Ministers with the CM as head to aid and advise the Governor
- Except where the Governor exercises discretion, he acts on Ministerial advice
Article 164: Appointment and Responsibilities
| Provision | Detail |
|---|---|
| CM appointment | Appointed by the Governor — normally the leader of the majority party in the Vidhan Sabha |
| Other Ministers | Appointed by the Governor on the advice of the CM |
| Collective responsibility | Council of Ministers is collectively responsible to the Vidhan Sabha — Article 164(2) |
| Size limit | Total Ministers (including CM) shall not exceed 15% of total Vidhan Sabha strength — 91st Amendment, 2003 (minimum of 12 Ministers) |
| Oath | Ministers take oath of office and secrecy before the Governor |
| Non-member minister | Must secure a seat in either House within 6 months |
Article 167: Duties of the CM vis-a-vis the Governor
The Chief Minister must:
- Communicate all decisions of the Council of Ministers relating to state administration to the Governor
- Furnish information relating to administration and proposals for legislation as the Governor may call for
- If the Governor requires, submit for Council's consideration any matter decided by a Minister but not yet considered by the Council
State Legislature (Articles 168–212)
Structure
| Feature | Unicameral States | Bicameral States |
|---|---|---|
| Houses | Only Vidhan Sabha (Legislative Assembly) | Vidhan Sabha + Vidhan Parishad (Legislative Council) |
| Number of states with Vidhan Parishad (as of 2026) | — | 6 states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh |
Vidhan Sabha (Legislative Assembly)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 170 |
| Maximum members | 500; minimum 60 (exception: Sikkim — 32 members under Article 371F; Goa — 40; Mizoram — 40; smaller states/UTs have fewer) |
| Election | Direct election from territorial constituencies by universal adult franchise |
| Minimum age | 25 years |
| Term | 5 years (can be dissolved earlier; can be extended during National Emergency) |
| Presiding officer | Speaker (and Deputy Speaker) |
| Quorum | 10 members or 1/10th of total membership, whichever is greater |
| Nominated members | Governor can nominate 1 member from the Anglo-Indian community if not adequately represented (abolished for Lok Sabha by 104th Amendment, 2019, but the provision for state assemblies was also ended) |
Vidhan Parishad (Legislative Council)
| Feature | Detail |
|---|---|
| Constitutional basis | Article 169, 171 |
| Creation/Abolition | Parliament can create or abolish by law — if the State Legislature passes a resolution by special majority (majority of total membership + 2/3rd of members present and voting) |
| Maximum members | 1/3rd of total Vidhan Sabha strength |
| Minimum members | 40 |
| Election method | Indirect election — complex composition |
| Term | 6 years — permanent body (not subject to dissolution); 1/3rd members retire every 2 years |
| Presiding officer | Chairman (and Deputy Chairman) |
| Minimum age | 30 years |
Composition of Vidhan Parishad (Article 171)
| Category | Proportion |
|---|---|
| Elected by MLAs (Vidhan Sabha members) | 1/3rd |
| Elected by local body members (municipalities, district boards, etc.) | 1/3rd |
| Elected by graduates (of 3 years' standing) | 1/12th |
| Elected by teachers (of 3 years' standing in secondary schools and above) | 1/12th |
| Nominated by Governor (persons with distinction in literature, science, art, cooperative movement, social service) | 1/6th |
Legislative Procedure at the State Level
Ordinary Bills
- Can be introduced in either House (in bicameral states)
- Must be passed by both Houses
- If Vidhan Parishad rejects or amends — the Vidhan Sabha can pass the Bill again; after a combined period of 4 months (3 months if the Parishad does not act + 1 month after re-passing by Sabha), the Bill is deemed passed
- No joint sitting provision at the state level (unlike Parliament under Article 108)
- Governor gives assent, withholds assent, or reserves for President's consideration
Money Bills
- Can be introduced only in the Vidhan Sabha (Article 207)
- Vidhan Parishad can only delay a Money Bill for 14 days — it cannot reject or amend
- Governor's prior recommendation is required (Article 207)
Key Difference from Parliament
| Feature | Parliament | State Legislature |
|---|---|---|
| Deadlock resolution | Joint Sitting (Article 108) | Vidhan Sabha prevails after 4-month waiting period — no joint sitting |
| Money Bill delay | Rajya Sabha: 14 days | Vidhan Parishad: 14 days |
| Upper House term | 6 years (1/3rd retire every 2 years) | 6 years (1/3rd retire every 2 years) |
Advocate General (Article 165)
| Feature | Detail |
|---|---|
| Appointment | Appointed by the Governor of the State |
| Qualification | Must be qualified to be appointed as a Judge of a High Court — i.e., citizen of India + advocate of a High Court for 10 years |
| Duties | Advise the State Government on legal matters referred by the Governor; perform duties of a legal character assigned by the Governor |
| Rights | Right of audience in all courts in the State; right to speak and participate in proceedings of both Houses of the State Legislature and their committees — but no right to vote |
| Tenure | No fixed tenure; holds office during the pleasure of the Governor |
| Counterpart | State-level equivalent of the Attorney General of India (Article 76) |
High-Yield Confusion Pairs (Rule C)
| Pair A | Pair B | Distinction |
|---|---|---|
| Article 200 (Governor assent) | Article 111 (President assent) | Governor has 4 options: assent/withhold/return non-money bill for reconsideration/reserve for President. President has 3 options: assent/withhold/return non-money bill. Critically, on reserved Bills under Art 201, the President is NOT bound to assent even if re-passed by State Legislature — unlike Art 111 |
| Article 213 (Governor ordinance) | Article 123 (President ordinance) | Governor needs Presidential instructions for 3 categories of subjects (those normally requiring Presidential assent). President's ordinance power has no such requirement |
| Article 356 (President's Rule) | Article 365 (failure to comply with Centre directions) | Art 365 is one trigger for invoking Art 356, not a separate proclamation. S.R. Bommai 1994 governs both |
| Vidhan Parishad | Rajya Sabha | Both are upper houses. VP can be created/abolished by Parliament (Art 169) on State Legislature's special-majority resolution. RS is permanent and structurally entrenched in the Constitution |
| Governor (State) | Lt Governor (UT) | Governor: Art 153 (states). Lt Governor: Art 239 (UTs without Legislature); Art 239A (UTs with Legislature like Puducherry, J&K); Art 239AA (Delhi only — special status) |
| Article 169 special majority (VP creation) | Article 368 special majority (constitutional amendment) | Art 169: majority of total membership + 2/3rd of those present and voting (passed by State Legislature). Art 368: 2/3rd of those present and voting + majority of total membership (passed by Parliament) |
| 91st Amdt — Union 15% (Art 75(1A)) | State 15% with floor 12 (Art 164(1A)) | Same 15% cap, but State has a minimum floor of 12 ministers (applies only where 15% of small state's Vidhan Sabha would otherwise fall below 12 — e.g., Goa, Sikkim, Mizoram) |
| Money Bill State (Art 199 + Art 207) | Money Bill Centre (Art 110 + Art 109) | Definition + procedure articles are different at state and central levels. Speaker certifies under Art 199(3) for states |
| B.P. Singhal 2010 | Bommai 1994 | B.P. Singhal: removal of Governor (Art 156) — President's pleasure is justiciable. Bommai: imposition of Art 356 — President's satisfaction is justiciable; floor of House is only test of majority |
Important for UPSC
Cross-paper relevance
- GS2 (primary) — Governor architecture, Articles 153-167, 168-212, 200/201/213
- GS2 — Federalism — Centre-State relations; Article 356 (PR); Sarkaria + Punchhi recommendations
- GS2 — Union Executive — President's pardoning + ordinance vs Governor's (Arts 72/161, 123/213)
- GS3 — Internal Security — Manipur ethnic violence and constitutional response; J&K UT-to-statehood pathway
- GS4 (Ethics) — Governor as Centre's agent vs constitutional functionary; impartiality of high office
- Essay — "Federal balance and the Governor's office"; "Cooperative federalism in 21st century India"
Past UPSC Questions on State Government (Verified from BharatNotes' Datasets)
Prelims:
- 2009 — Which Amendment introduced the 15% cap on Council of Ministers? (Answer: 91st Amendment, 2003 — applies to both Centre Art 75(1A) and State Art 164(1A) with floor of 12)
- 2013 — No constitutional procedure prescribed for removal of Governor (Art 156 — pleasure of President; later B.P. Singhal 2010 limited arbitrary removal)
- 2014 — Governor's discretionary powers — sending PR report + reserving Bills (NOT appointing Ministers, NOT making rules)
- 2018 — No criminal proceedings against Governor (Art 361); Governor's emoluments cannot be diminished (Art 158(4))
- 2018 — Effect of Art 356 — Parliament exercises legislative power of the State (Art 357)
- 2019 — Sarkaria Commission recommendation — "Governors should be eminent persons from outside the State"
- 2016 — Chief Secretary appointment + tenure questions
- 2018 — Speaker's vacation of office (Art 179(a), Art 180(1))
- 2025 — Governor immunities (Art 361) + Art 194(2) (state legislator immunity)
Mains GS2:
- 2018 (15M) — Delhi LG vs elected govt; Art 239AA (adjacent — for contrast with state Governor)
- 2021 (15M) — "Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations."
- 2013 (10M) — "The Central Government frequently complains about the poor performance of the State Governments. Suggest measures to improve Centre-State coordination." — GS2 2013 Q14
- 2022 (15M) — "Discuss the essential conditions for exercise of the legislative powers by the Governor and the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature." (Art 213, D.C. Wadhwa 1987, Krishna Kumar Singh 2017)
- 2023 (10M) — "Role of Presiding Officers of state legislatures in maintaining order and impartiality"
- 2023 (15M) — "Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s." (Bommai 1994 effect)
Prelims Focus
- Articles: 153-162 (Governor), 163-167 (CM & CoM), 165 (Advocate General), 168-212 (State Legislature)
- Governor's discretionary powers — reserving Bills, recommending President's Rule, appointing CM in hung assembly
- Vidhan Parishad — composition (1/3rd MLAs, 1/3rd local bodies, 1/12th graduates, 1/12th teachers, 1/6th nominated), creation/abolition procedure, states that have it
- Pardoning power: Governor vs President — no Court Martial, no death sentence pardon for Governor
- No joint sitting at state level
- 91st Amendment — 15% cap applies to state-level CoM also (minimum 12)
Mains Dimensions
- Governor as Centre's agent: Is the Governor a federal check or a tool of Central Government interference?
- Sarkaria and Punchhi Commission recommendations: Why have they not been fully implemented?
- Bills pending with Governor: Constitutional silence on time limits — need for reform
- Bicameralism at state level: Utility of Vidhan Parishad — does it aid deliberation or delay legislation?
- S.R. Bommai case (1994): Judicial safeguards against misuse of Article 356
Interview Angles
- Should Governors be elected instead of appointed?
- Should there be a Collegium system for appointing Governors?
- Is the Vidhan Parishad relevant in modern India?
- How can Centre-State relations be improved regarding the Governor's office?
Recent Developments (2024–2026)
J&K Restored as Union Territory with Legislature — Elections Held (September 2024)
Following the Supreme Court's 11 December 2023 ruling upholding the abrogation of Article 370 and directing elections by 30 September 2024, Jammu and Kashmir held Legislative Assembly elections in September–October 2024. The National Conference (NC) won 42 of 90 seats; with Congress (7), independents (4) and other allies, the NC-led alliance reached 49 — past the 45-seat majority mark. Omar Abdullah was sworn in as Chief Minister of J&K on 16 October 2024 at SKICC, Srinagar. Congress opted out of the government despite the pre-poll alliance, although it supports the NC from outside. This marks the restoration of elected governance in J&K as a Union Territory with a Legislature (under Article 239A) — distinct from a State (which would have a Governor under Article 153 and a full Article 163 cabinet).
J&K's status remains constitutionally distinct from full statehood — the Lieutenant Governor retains certain powers not typical of a State Governor, and the demand for full statehood restoration remains active.
UPSC angle: Prelims — J&K elections September-October 2024; NC won 42/90; Omar Abdullah sworn in 16 October 2024; Congress in alliance but not in government; Union Territory with Legislature (NOT a State); Article 239A. Mains — compare the constitutional position of a Governor in a State (Art 153) vs a Lieutenant Governor in a UT with Legislature (Art 239); what is the pathway to restoring J&K's statehood, and why has the Centre's commitment to do so faced delay?
President's Rule in Manipur — Article 356 Invoked (February 2025)
President's Rule under Article 356 was imposed in Manipur on 13 February 2025 following the resignation of Chief Minister N. Biren Singh on 9 February 2025 amid ongoing ethnic violence between Meitei and Kuki-Zo-Hmar communities (since May 2023). This was the 11th instance of President's Rule in Manipur — the HIGHEST for any State in India (Uttar Pradesh ranks second with 10 instances). The Lok Sabha approved the extension of President's Rule for a further six months from 13 August 2025.
President's Rule lifted — 4 February 2026: President Droupadi Murmu revoked President's Rule with immediate effect on 4 February 2026, after nearly a year of central administration under former Union Home Secretary Ajay Kumar Bhalla. Yumnam Khemchand Singh (62, Meitei BJP MLA, former Manipur Assembly Speaker 2017–22) was sworn in as the new Chief Minister of Manipur on 4 February 2026 at Lok Bhavan, with the oath administered by Governor Ajay Kumar Bhalla. Two Deputy CMs were appointed — Nemcha Kipgen (BJP, Kangpokpi MLA; Kuki-Zo community) and Losii Dikho (NPF; Naga community) — a deliberate ethnic-balance arrangement to address the underlying tensions.
The imposition raises classic questions about Article 356 — the S.R. Bommai (1994) safeguards (Governor's report must be bona fide, State Assembly must not be dissolved until Parliament approves), the role of the Governor in recommending Article 356, and whether ethnic violence constitutes "failure of constitutional machinery."
UPSC angle: Prelims — President's Rule imposed in Manipur 13 February 2025 (11th instance, highest for any State); revoked 4 February 2026 (under one year); Yumnam Khemchand Singh sworn in as new CM on 4 Feb 2026. Mains — evaluate the constitutional safeguards against misuse of Article 356 in light of the Manipur situation; assess whether ethnic conflict justifies Governor's Rule; how does the Meitei CM + Kuki-Zo Deputy CM + Naga Deputy CM arrangement address the federal-ethnic balance?
State Assembly Elections 2024–2025 — Key Outcomes
Five major state elections occurred in late 2024 through late 2025, with significant implications for Centre-State relations and federal dynamics:
| State | Election Date | Result | CM Sworn In |
|---|---|---|---|
| Haryana | October 2024 | BJP won 48/90 seats — majority; third consecutive term (first party in Haryana history to achieve this) | Nayab Singh Saini (BJP) |
| Jharkhand | November 2024 | JMM-led INDIA bloc won 56/81 seats (JMM alone: 34; Congress 16; RJD 4; Left 2); JMM retained power | Hemant Soren (JMM; sworn in 28 November 2024, 4th term as CM) |
| Maharashtra | November 2024 | Mahayuti (BJP + Shiv Sena Shinde + NCP Ajit) won 235/288 seats; BJP alone: 132; MVA routed | Devendra Fadnavis (BJP) |
| Delhi | February 2025 | BJP won 48/70 seats — returned to power after 27 years (AAP reduced to 22); AAP's Kejriwal lost his own Kali temple constituency | Rekha Gupta (BJP; MLA Shalimar Bagh; sworn in 20 February 2025) |
| Bihar | 6 & 11 November 2025 | NDA won 202/243 seats (landslide); RJD-led MGB won only 35 seats | Nitish Kumar (JD-U; sworn in 20 November 2025 — his record 10th term as Bihar CM) |
Federal significance: Bihar elected an NDA government in November 2025 (NDA won 202/243 seats; Nitish Kumar sworn in as CM for a record 10th time on 20 November 2025). J&K statehood restoration remains constitutionally promised but not yet legislated. The trend of state-level BJP/NDA consolidation (Haryana, Maharashtra, Delhi, Bihar) coexists with regional resistance in southern and tribal belt states (Jharkhand), illustrating India's competitive federalism dynamics.
UPSC angle: Prelims — Haryana BJP 48/90 (Oct 2024); Maharashtra Mahayuti 235/288 (Nov 2024); Jharkhand JMM+ 56/81 (Nov 2024); Delhi BJP 48/70 (Feb 2025, CM Rekha Gupta sworn 20 Feb 2025); Bihar NDA 202/243 (Nov 2025 polls; Nitish Kumar sworn 10th term on 20 Nov 2025). Mains — analyse how election outcomes in major states affect Centre-State fiscal and legislative relations; does state-level electoral consolidation reduce creative tension in cooperative federalism?
Governor Controversies — Multiple States Challenge Assent Withholding (2024)
Multiple non-BJP states — Tamil Nadu, Kerala, Punjab, Telangana, and West Bengal — approached the Supreme Court in 2023–2025 challenging their Governors' refusal to give assent to bills passed by State Assemblies. The trajectory:
State of Punjab v. Principal Secretary to Governor (10 November 2023) — 3-judge bench (CJI Chandrachud + Pardiwala + Misra) held that the constitutional scheme does NOT permit pocket veto or absolute veto by the Governor under Article 200; if Governor withholds assent, he MUST remit Bill to the Legislature for reconsideration.
State of Tamil Nadu v. Governor of Tamil Nadu (8 April 2025) — 2-judge bench (Justices J.B. Pardiwala + R. Mahadevan) used Article 142 to deem 10 TN bills as law — a historic first. Prescribed timelines: 1 month for actions on CoM advice, 3 months for actions contrary to CoM advice.
Presidential Reference Advisory Opinion (20 November 2025, 2025 INSC 1333) — A 5-judge Constitution Bench (CJI Gavai + Justices Surya Kant, Vikram Nath, P.S. Narasimha, A.S. Chandurkar) significantly modified the April 2025 ruling. Held: (i) all three options under Article 200 are discretionary — the Governor is NOT bound by the aid and advice of the Council of Ministers when acting on bills; (ii) decisions under Articles 200/201 are NOT justiciable at the pre-enactment stage; (iii) "deemed assent" via Article 142 is impermissible (violates separation of powers); (iv) courts cannot impose specific timelines; (v) only "prolonged, unexplained, indefinite inaction" attracts limited judicial scrutiny (mandamus to act — not deemed assent). This was the 16th Presidential Reference and the first on a Governor's bill-assent role (citation: 2025 INSC 1333).
The current legal position (post-November 2025): Governors are not bound by CoM advice when acting under Article 200; no court can impose specific deadlines; no bill can be deemed as law by judicial order; only extreme unexplained inaction attracts a mandamus to act. This significantly expands gubernatorial discretion compared to the pre-2025 understanding.
UPSC angle: Prelims — Punjab Governor (10 Nov 2023, 3-judge); Tamil Nadu Governor case (8 April 2025, 2-judge — declared "deemed assent" for 10 bills; prescribed 1-month/3-month timelines); Presidential Reference Advisory Opinion (20 November 2025, 2025 INSC 1333, 5-judge bench — all three Art 200 options are Governor's discretion; NOT bound by CoM advice; no deemed assent; no judicial timelines; only "prolonged unexplained indefinite inaction" attracts limited scrutiny). Mains — trace the evolution of Articles 200/201 from Punjab 2023 through TN 2025 to the November 2025 Advisory; has the November 2025 Advisory swung the pendulum too far in favour of gubernatorial discretion? What safeguards remain against deliberate withholding of assent as a political tool?
State Governments and New Criminal Laws — Implementation Challenges (2024–2025)
With BNS, BNSS, and BSA operative from 1 July 2024, state governments (which run the State Police under the State List) faced significant implementation challenges: retraining police forces on 358 new BNS provisions, establishing new forensic science labs mandated by the BNSS (every state must establish FSLs — Section 185), and adapting the state judicial infrastructure to new procedural timelines.
UPSC angle: Prelims — BNSS Section 185 requires forensic science labs; operative 1 July 2024. Mains — examine the federal dimensions of implementing the new criminal laws; what responsibilities fall on State Governments under Articles 154–166?
Vocabulary
Bicameral
- Pronunciation: /baɪˈkæm.ər.əl/
- Definition: Describing a legislature that consists of two separate chambers or houses; at the state level in India, a bicameral legislature comprises the Vidhan Sabha (Legislative Assembly) and the Vidhan Parishad (Legislative Council).
- Root: Latin bi- (two) + camera (chamber, vaulted room) + -al; first recorded in English 1830s.
- Origin: From Latin bi- ("two") + camera ("chamber, vaulted room") + the suffix -al; first recorded in English in the 1830s to describe two-chamber legislative bodies.
- Part of Speech: adjective
- Word Family: bicameralism (n), bicameral (adj), bicamerally (adv), unicameral (adj), multicameral (adj)
- Usage: India's bicameral Parliament, comprising the directly elected Lok Sabha and the indirectly constituted Rajya Sabha, institutionalises a deliberative check on hasty legislation while ensuring that the federal voice of the States is not drowned out by transient popular majorities.
- Synonyms: two-chambered, two-house, dual-chamber, bipartite, two-tiered
- Antonyms: unicameral, single-chamber, one-house
- Mnemonic: "Bi" (two) + "camera" (chamber) - picture two cameras filming two separate houses of Parliament; a bicameral legislature has two chambers.
Discretionary
- Pronunciation: /dɪˈskrɛʃ.ən.ər.i/
- Definition: Relating to powers exercised on the basis of personal judgment rather than on binding ministerial advice; under Article 163(2), the Governor may act in his discretion in certain constitutionally specified situations.
- Root: Latin discrētiō = separation, discernment; dis- = apart + cernere = to sift; -ary = relating to
- Origin: From Latin discrētiō ("separation, discernment"), from the past participle of discernere ("to separate, distinguish"), from dis- ("apart") + cernere ("to sift"); entered English via Middle English dyscrecyounne in the 14th century.
- Part of Speech: adjective (also occasionally adverb in technical/legal usage)
- Word Family: discretion (n), discretionary (adj), indiscretion (n), indiscrete (adj), discern (v)
- Usage: Because welfare schemes vest officials with wide discretionary powers over beneficiary selection, the absence of transparent criteria invites both arbitrariness and rent-seeking, underscoring the need for codified guidelines that confine administrative discretion within the bounds of natural justice.
- Synonyms: optional, elective, non-mandatory, judgemental, voluntary, unrestricted
- Antonyms: mandatory, obligatory, compulsory, binding
- Mnemonic: Hear "discretion" inside it: a discretionary power is one left to your discretion (your judgement) — the cashier keeps a "discretion-ary" of funds to spend as she sees fit.
Key Terms
Governor's Role
- Pronunciation: /ˈɡʌv.ən.əz rəʊl/
- Definition: The constitutional position established under Article 153 whereby the Governor serves as the appointed (not elected) head of state for each State, exercising executive powers (Article 154), legislative powers (summoning/proroguing the legislature, assenting to Bills, promulgating ordinances under Article 213), discretionary powers (Article 163(2) — reserving Bills for President under Article 200, recommending President's Rule under Article 356, appointing CM in hung assemblies), and pardoning power (Article 161 — for offences against state laws, but cannot pardon death sentences or court martial cases). The Governor normally acts on the advice of the Chief Minister and Council of Ministers, except where the Constitution expressly requires exercise of discretion.
- Context: The office was adapted from the British colonial Governors to the republican framework at independence. Unlike the President (who has a fixed 5-year term removable only by impeachment), the Governor holds office "during the pleasure of the President" (Article 156) — meaning the Centre can remove a Governor at any time without reason or notice. In B.P. Singhal v. Union of India (2010), the Supreme Court held that while the President's pleasure is not justiciable per se, the power cannot be exercised arbitrarily or for extraneous political reasons — there must be compelling reasons grounded in public interest. The Governor's office has been repeatedly controversial: delays in giving assent to Bills (Tamil Nadu, Kerala, Punjab), partisan recommendations for President's Rule, and disputed invitations to form government in hung assemblies (Karnataka 2018, Maharashtra 2019). The Sarkaria Commission (1983, 247 recommendations) recommended that active politicians should not be appointed Governors, the state CM should be consulted, and the Governor should be from outside the state. The Punchhi Commission (2007, 273 recommendations) went further — proposing a formal committee for appointments (PM + Home Minister + Speaker + CM), an impeachment mechanism for Governors, and that Governors should not serve as university chancellors.
- UPSC Relevance: GS2 Polity — Prelims: Articles 153-162, appointment by President (not elected), qualifications (35+ years, citizen of India — Article 157), discretionary powers (Article 163(2)), pardoning power (Article 161 — no court martial, no death sentence pardon), B.P. Singhal case (2010, removal cannot be arbitrary), difference from President's pardoning power (Article 72); Mains: is the Governor a Centre's agent or a federal check (the perennial debate), Bills pending with Governor — the 2025 SC controversy (April 2025 TN ruling imposed timelines and deemed assent; November 2025 Presidential Reference Advisory — 2025 INSC 1333 — held all three Art 200 options are discretionary, Governor NOT bound by CoM advice, no timelines, no deemed assent — significantly expanding gubernatorial autonomy; current position: prolonged unexplained inaction attracts only mandamus), Sarkaria vs Punchhi recommendations on Governor's office, should Governors be elected rather than appointed.
Current Affairs Connect
Sources: Constitution of India — legislative.gov.in | Know India — india.gov.in | PRS Legislative Research — prsindia.org | S.R. Bommai v. Union of India, 1994 — Supreme Court of India
