πŸ“– State Executive β€” Structure
  • Part VI Β· Articles 153–167
  • Components: ✦ Governor β€” Constitutional/Nominal Head ✦ Chief Minister β€” Real Executive Head ✦ Council of Ministers β€” Aid & Advise Governor ✦ Advocate General β€” Highest Legal Officer
πŸ’‘ Quick Recall β€” +89 Rule Link

The State executive broadly mirrors the Union structure: President β†’ Governor, Prime Minister β†’ Chief Minister, Attorney General β†’ Advocate General, and Parliament β†’ State Legislature. The +89 mnemonic helps recall several corresponding Article numbers.

⚠ Exam Trap

A Governor holds office during the pleasure of the President; the five-year term is not guaranteed and removal may occur earlier. A Chief Minister formally holds office during the pleasure of the Governor.

πŸ“‹ Key Articles β€” State Executive
Article Subject
153 Governors of States
154 Executive Power of States
155 Appointment of Governor (by President)
157 Qualifications of Governor
160 Duties in contingency
161 Pardoning Power of Governor
162 Extent of Executive Power of State
163 Council of Ministers to aid & advise Governor
164(1) CM appointed by Governor
165 Advocate General of State
166 Conduct of the business of the State Government
213 Ordinance-making power of Governor
233 District judges: appointment, posting and promotion by Governor in consultation with the High Court
πŸ›οΈ Governor β€” Key Facts
  • Constitutional Head of the State
  • Governor: nominal head; Chief Minister: real executive. Article 166 concerns conduct of State Government business.
  • Chancellor’s role depends on the relevant university statute; it is not automatic under the Constitution
  • 1st Female Governor β†’ Sarojini Naidu 1st Woman Gov. Governor of Uttar Pradesh (then United Provinces), 1947
πŸ’‘ Quick Recall

The Seventh Constitutional Amendment of 1956 permits one person to serve as Governor of more than one State. In such cases, the President determines the allocation of salary and allowances.

βœ… Qualifications (Art. 157)
Min. Age
35 yrs
Must be citizen of India
Term
5 years
At pleasure of President
Salary
β‚Ή3.5 Lakh
Per month Β· from CF of State
Oath By
CJ of HC
Chief Justice of High Court
  • Must be a Citizen of India
  • Min. age 35 years
  • Must NOT be a Member of Parliament or State Legislature
  • Must NOT hold any office of profit
  • Appointment β†’ By the President Art 155
  • Resignation β†’ To the President
  • Salary from Consolidated Fund of the State
⚠ Exam Trap

The Governor's oath is ordinarily administered by the Chief Justice of the High Court, while the President's oath is administered by the Chief Justice of India.

🎯 Appointments by Governor
πŸ‘₯
Chairman, State Public Service Commission
State PSC
βš–οΈ
Advocate General
Art. 165
πŸ—³οΈ
Chairman, State Election Commission
State Elections
πŸ‘¨β€βš–οΈ
District judges β€” appointment, posting and promotion in consultation with the High Court
Art. 233
πŸŽ“
Vice-Chancellors of State Universities
As Chancellor
πŸ’°
State Finance Commission
Devolution of funds
⚑ Powers of Governor
πŸ“…
Summon & Prorogue State Legislature sessions
Also dissolve Legislative Assembly
πŸ›οΈ
Nominate 1/6th members in Legislative Council
In states with Vidhan Parishad
πŸ“œ
Promulgate Ordinances Art 213
When Assembly is out of session; in bicameral States, when both Houses are not simultaneously in session
🀲
Pardoning powers Art 161 β€” pardon, reprieve, respite, remission, suspension or commutation for offences within State executive power
Cannot pardon a death sentence; may suspend, remit or commute it. No court-martial jurisdiction.
🚨
Recommend President's Rule (Art. 356)
In case of constitutional failure in State
πŸ’°
Operate State Contingency Fund
Emergency expenditure without Legislative approval
⚠ Exam Trap

Under Article 161, a Governor may suspend, remit or commute a death sentence but cannot pardon it; the President may grant a pardon under Article 72.

πŸ‘‘ Chief Minister β€” Key Facts
  • Real Executive Head of the State
  • Head of the Council of Ministers
  • Leader of the Majority Party in Legislative Assembly
  • Chairman of State Planning Board
πŸ’‘ Quick Recall

The Chief Minister is the State-level counterpart of the Prime Minister. Under the parallel constitutional structure, the Prime Minister informs the President under Article 78, while the Chief Minister informs the Governor under Article 167.

βœ… Conditions of Office
Min. Age
25 yrs
Citizen of India
Appointment
Governor
Art. 164(1)
Term
No fixed term
Must retain Assembly confidence
Salary
By State
State Legislature decides
  • Must be Member of State Legislature If not, must get elected within 6 months
  • Appointed by Governor Art 164(1)
  • Resignation β†’ To the Governor
⚠ Exam Trap

The Governor administers the oath to the Chief Minister, not the Chief Justice of India or the High Court Chief Justice. A Chief Minister may be an MLA or MLC; a non-member must enter the State Legislature within six months.

⚑ Powers of Chief Minister
πŸͺ‘
Presides over meetings of Council of Ministers
πŸ“‚
Distributes portfolios among ministers
πŸ“…
Advises Governor to summon & dissolve Legislative Assembly
πŸ‘₯
Recommends appointments & removals of ministers to Governor
🚨
Crisis Manager-in-Chief during Emergency
🏒 Council of Ministers (State)
  • To aid and advise the Governor
  • Must be member of State Legislature If not, must get elected within 6 months
  • Appointed by Governor on advice of CM
  • Responsible to State Legislative Assembly
πŸ’‘ Quick Recall

State ministers are appointed by the Governor on the Chief Minister’s advice and are collectively responsible to the Legislative Assembly.

πŸ“Š Strength of Council of Ministers
Category Rule Amendment
Maximum Strength 15% of total Members of Legislative Assembly 91st Amendment
Minimum Strength Not less than 12 Ministers 91st Amendment
Delhi (Special) Not more than 10% of Delhi Assembly membership, including the Chief Minister 69th Amendment
⚠ Exam Trap

The 91st Amendment limits a State Council of Ministers to 15% of the Assembly's strength, subject to a minimum of 12 ministers. Delhi has a special ceiling of 10% of its Assembly strength under its constitutional arrangement.

βš–οΈ Advocate General (Art. 165)
  • Highest Legal Officer of the State
  • Must be qualified to be a Judge of High Court
  • Appointed by the Governor
  • Main Role β†’ Advise State Government on legal matters
  • Can participate in proceedings of State Legislature But CANNOT vote
  • Term β†’ At the pleasure of the Governor
⚠ Exam Trap

Under Article 165, an Advocate General must be qualified for appointment as a High Court judge. Under Article 76, the Attorney General must be qualified for appointment as a Supreme Court judge.

πŸ’‘ Quick Recall β€” +89 Rule

The Attorney General under Article 76 and the Advocate General under Article 165 may participate in the proceedings of Parliament and the State Legislature respectively, but neither has a vote merely by virtue of that office.

πŸ” Centre vs State β€” Full Comparison
Feature πŸ”΅ Centre 🟒 State
Constitutional Head President Governor
Real Executive Prime Minister Chief Minister
Chief Legal Officer Attorney General (Art. 76) Advocate General (Art. 165)
Qualification (Legal Officer) Judge of SC Judge of HC
Min. Age (Head) 35 yrs (President) 35 yrs (Governor)
Min. Age (Executive) 25 yrs (PM β€” LS) 25 yrs (CM β€” MLA)
Oath Administered by CJI CJ of High Court
Resignation to VP (President) / President (PM) President (Gov.) / Governor (CM)
Salary β‚Ή5 Lakh (President) β‚Ή3.5 Lakh (Governor)
Salary Source CF of India CF of State
Pardoning Power Art. 72 (incl. Death Penalty) Art. 161: may suspend, remit or commute a death sentence; cannot pardon it
Ordinance Power Art. 123 Art. 213
Max Ministers 15% of LS (91st Amend.) 15% of Assembly (91st Amend.)
Min. Ministers Not specified 12 (91st Amendment)
Legislature Art. 79 (Parliament) Art. 168 (State Legislature)
⚠ Exam Trap β€” Most Common Confusions

Key distinctions: the High Court Chief Justice ordinarily administers the Governor's oath; a Governor cannot pardon a death sentence; the Governor's emoluments are charged on the Consolidated Fund of the State; and an Advocate General must be qualified as a High Court judge.

πŸ’‘ Quick Recall

Current-affairs note in the source: Arif Mohammad Khan is listed as Governor of Bihar and Nitish Kumar as Chief Minister. Verify officeholders against the latest official information before an examination.

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