Governors & State Legislatures

Article 155 states that the Governor of a state shall be appointed by the President by warrant under his hand and seal.

According to Article 157, a person must be a citizen of India and have completed the age of 35 years to be eligible for appointment as Governor.

The Governor is a nominee of the Central government, appointed by the President on the advice of the Prime Minister and the Union Council of Ministers.

Article 200 deals with the assent to bills and allows the Governor to reserve a bill for the consideration of the President.

The Governor has the power to summon, prorogue, and dissolve the Legislative Assembly of the state.

Maharashtra has a bicameral legislature (Legislative Assembly and Legislative Council). West Bengal, Punjab, and Kerala have unicameral legislatures.

Article 161 empowers the Governor to grant pardons, reprieves, respites, or remissions of punishment for any offense against a law related to a matter to which the executive power of the state extends.

While the Legislative Assembly can pass a resolution for the creation or abolition of the Legislative Council, the final strength and composition are determined by the Parliament.

The 104th Constitutional Amendment Act discontinued the reservation of seats for Anglo-Indians in the Lok Sabha and State Legislative Assemblies.

Article 213 empowers the Governor to promulgate ordinances when the state legislature is not in session.

The Chairman is elected by the members of the Legislative Council from among themselves, not an ex-officio post held by an outsider.

The Governor is the executive head of the state and is also, by virtue of Article 168, a constituent part of the state legislature.

Article 176 mandates that the Governor shall address the Legislative Assembly at the commencement of the first session after each general election and the first session of each year.

A money bill can only be introduced in the Legislative Assembly on the recommendation of the Governor.

The Constitution requires that the gap between two sessions of the State Legislature must not exceed six months.

Under the Tenth Schedule, the power to disqualify a member on the grounds of defection rests with the Speaker or the Chairman of the respective house.

According to Article 156, the Governor holds office during the pleasure of the President.

Article 163 states there shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions.

The Legislative Council is a permanent house and is not subject to dissolution; one-third of its members retire every two years.

The Governor appoints the Advocate General for the State under Article 165.

Article 213 grants the Governor the power to issue ordinances when the state legislature is not in session, provided the circumstances require immediate action.

According to Article 171, the total number of members in a Legislative Council cannot exceed one-third of the total number of members in the Legislative Assembly, with a minimum of 40 members.

The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as Governor for two or more states.

Under Article 201, if a bill is reserved, the President may assent to it, withhold assent, or return it to the House with a message for reconsideration.

Members are nominated from literature, science, art, cooperative movement, and social service. However, 'Cooperative Movement' is specifically mentioned under Article 171(5) as a qualification category.

Article 163 states that the Governor can act in his discretion in certain specific cases where the Constitution does not require him to act on the aid and advice of the Council of Ministers.

The Constitution does not contain provisions for the contingency of a vacancy in the office of the Governor. The President makes such provision as he thinks fit; historically, the Chief Justice of the state High Court is appointed to discharge the functions.

An ordinary bill can be introduced in either House of the state legislature in a bicameral system.

Article 155 explicitly states that the appointment of the Governor of a state shall be made by the President by warrant under his hand and seal.

Unlike the Parliament, the Indian Constitution does not provide for a joint sitting of the two houses of a state legislature to resolve a deadlock.

Article 175 empowers the Governor to send messages to the House or Houses of the State Legislature with respect to a bill pending or otherwise.

Under Article 202, the Governor is responsible for ensuring that the Annual Financial Statement is laid before the House or Houses of the State Legislature.

A member of the Legislative Council holds office for a term of 6 years, with one-third of the members retiring every two years.

Article 356 provides for the imposition of President’s Rule, which is triggered by a report from the Governor or otherwise.

The Governor has the power to dissolve the Legislative Assembly, usually on the advice of the Chief Minister or in the event of a hung assembly.

Article 158(3) mentions that the emoluments, allowances, and privileges of the Governor shall not be diminished during his term of office.

The Governor cannot veto a bill permanently if the legislature passes it again (unless it is a money bill), nor can he return a money bill for reconsideration.

Article 159 mandates that the oath or affirmation to the Governor is administered by the Chief Justice of the High Court exercising jurisdiction in relation to the state.

The Indian Constitution does not contain a provision naming the Governor as the Chancellor of state universities; this power is granted via various state legislative acts.

Article 189(3) provides that the quorum for a meeting of either House of the State Legislature shall be ten members or one-tenth of the total number of members, whichever is greater, until the legislature makes a law otherwise.

According to Article 171, the total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that state.

The Governor's pardoning power under Article 161 is limited to offenses against any law relating to a matter to which the executive power of the state extends.

The 7th Constitutional Amendment Act (1956) facilitated the appointment of the same person as Governor for two or more states.

Article 154 states that the executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him.

According to Article 159, the Governor takes the oath in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the state.

Members nominated by the Governor include those with special knowledge in Literature, Science, Art, Co-operative Movement, and Social Service; however, 'Co-operative Movement' is specifically mentioned for the Council, but often 'Industry' is mistaken for it. Actually, all these are eligible; the distinction is usually that the President nominates these fields for the Rajya Sabha.

Under Article 200, if the Governor returns a bill and the legislature passes it again with or without amendments, the Governor must give his assent.

Article 163 provides that the Governor can act in his discretion in certain matters where the Constitution specifically requires him to do so.

Article 165 states that the Governor of each state shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the state.

The Legislative Council is a permanent house, and a member serves a term of 6 years, with one-third of members retiring every two years.