Phase 3: States, Local Bodies & Authorities

State Executive & Legislature

The discretionary powers of the Governor and the creation of Legislative Councils.

The State Executive (Articles 153 to 167)

The state executive consists of the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the state. There is no office of Vice-Governor (unlike the Vice-President at the Centre).

The Governor

The Governor is the chief executive head of the state. Like the President, he is a nominal executive head. He also acts as an agent of the central government, giving the office a dual role. He is appointed by the President by warrant under his hand and seal.

Governor's Discretion vs. President's Discretion

Unlike the President, whose discretion is largely situational and implicit, the Constitution explicitly mentions that the Governor can act in his discretion in certain matters.

For instance: Reservation of a bill for the consideration of the President (Art 200), recommending the imposition of President's Rule in the state (Art 356), and exercising functions as the administrator of an adjoining Union Territory.

The State Legislature (Articles 168 to 212)

The Constitution provides for a bicameral legislature in certain states and a unicameral legislature in others. Currently, only a few states (like Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka) have a bicameral legislature consisting of a Legislative Council (Vidhan Parishad) and a Legislative Assembly (Vidhan Sabha).

Abolition or Creation of Legislative Councils (Article 169)

Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) if the legislative assembly of the concerned state passes a resolution to that effect by a special majority (majority of the total membership of the assembly and a majority of not less than two-thirds of the members present and voting). This Act of Parliament is not deemed as an amendment of the Constitution under Article 368.

Legislative Procedure in States

Unlike the Centre, there is no provision for a joint sitting of both houses to resolve a deadlock in a state legislature. The Legislative Assembly has the ultimate overriding power over the Legislative Council. The Council can only delay an ordinary bill for a maximum period of 4 months (3 months in the first instance and 1 month in the second instance).