State Government

Overview

India is a quasi-federal or "holding together" federation — the Centre has more powers than the states, unlike the US (a "coming together" federation). Part VI of the Constitution (Articles 152–237) deals with the state government: the Governor, the Chief Minister and Council of Ministers, the State Legislature, and the state judiciary (High Courts and subordinate courts already covered).

There are currently 28 states and 8 Union Territories (UTs) in India. States have their own elected governments; UTs are administered by the Centre, though some (Delhi, Puducherry, Jammu and Kashmir since 2019) have Legislative Assemblies with limited powers.

The Governor (Articles 153–167)

Position

The Governor is the constitutional head of the state, appointed by the President (Article 155). Like the President at the Centre, the Governor acts on the aid and advice of the Council of Ministers, led by the Chief Minister. However, the Governor has certain discretionary powers that make the office more than purely ceremonial.

Appointment and Term

• Appointment: By the President by warrant under their hand and seal. Usually, Governors are retired politicians, civil servants, or jurists.
• Term: 5 years, but holds office during the pleasure of the President — can be removed earlier.
• Qualification: Must be a citizen of India, at least 35 years old. Must not hold any office of profit.
• Same person as Governor of multiple states: Permitted by Article 153 (e.g., the Governor of Maharashtra is also the Administrator of Goa).

Powers and Functions

• Executive Powers: Appoints the Chief Minister and other ministers, the Advocate General, and members of the State Public Service Commission. All executive action is taken in the Governor's name.
• Legislative Powers: Summons, prorogues, and dissolves the State Legislative Assembly. Addresses the Assembly at the beginning of each session. Can nominate one member from the Anglo-Indian community (if not adequately represented) to the Assembly. Can promulgate Ordinances (Article 213) when the Assembly is not in session.
• Financial Powers: The state Budget is presented with the Governor's recommendation. The Governor constitutes the State Finance Commission every 5 years (Article 243-I).
• Discretionary Powers:
  • Reservation of bills for Presidential assent (Article 200): The Governor can reserve any bill passed by the state legislature for the President's consideration. This is mandatory if the bill would derogate from the powers of the High Court or if it deals with compulsory acquisition of property.
  • Appointment of Chief Minister when no party has a majority: The Governor has discretion in selecting the Chief Minister and can require them to prove majority on the floor of the Assembly.
  • Dismissal of a Ministry that has lost majority but refuses to resign.
  • Recommendation for President's Rule (Article 356): If the Governor is satisfied that the state government cannot be carried on in accordance with the Constitution, they can send a report to the President recommending central intervention.

Controversy: Governor as Agent of the Centre

The Governor's office has been criticized as a tool of the Central government to interfere in state politics. Key issues:

• Partisan appointments: Governors are often political appointees of the ruling party at the Centre, leading to conflicts with opposition-led state governments.
• Delay in assenting to bills: Governors have sat on bills for months or years, effectively vetoing them without formal rejection.
• Dismissal of governments: The Governor's recommendation for President's Rule (Article 356) has been frequently misused to remove opposition governments. The Supreme Court in S.R. Bommai v. Union of India (1994) placed significant restrictions on this power.
• Floor test manipulation: Governors have been accused of timing floor tests to favour one side in a hung Assembly.

Landmark: S.R. Bommai v. Union of India (1994) — The Supreme Court held that the floor of the Assembly is the only place to test majority, not the Governor's residence or the Raj Bhavan. The Court also held that Article 356 is subject to judicial review and can be struck down if mala fide or based on irrelevant grounds. The proclamation must be approved by both Houses of Parliament within 2 months.

The Chief Minister and Council of Ministers

Chief Minister

The Chief Minister is the real executive head of the state. The Governor appoints the leader of the majority party in the Legislative Assembly as Chief Minister. Like the Prime Minister at the Centre, the Chief Minister:

• Recommends ministerial appointments to the Governor.
• Allocates portfolios and can reshuffle ministers.
• Presides over Cabinet meetings and coordinates policy.
• Is the link between the Council of Ministers and the Governor.
• Advises the Governor on the summoning and proroguing of the Assembly, and on dissolution.

Council of Ministers

• Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor.
• Article 164(2): The Council of Ministers is collectively responsible to the Legislative Assembly.
• Article 164(4): A minister who is not a member of the legislature for 6 consecutive months ceases to be a minister.

State Legislature

States have either a unicameral or bicameral legislature:

• Unicameral: Most states have only a Legislative Assembly (Vidhan Sabha).
• Bicameral: Only 6 states have a Legislative Council (Vidhan Parishad): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. (Jammu and Kashmir had one before 2019.)

Legislative Assembly (Vidhan Sabha)

• Strength: Not less than 60 and not more than 500 members. Determined by the population of the state.
• Election: By direct election from territorial constituencies.
• Term: 5 years (can be dissolved earlier or extended during Emergency by 1 year at a time).
• Reservation: Seats reserved for SCs and STs in proportion to their population.
• Speaker and Deputy Speaker: Elected by the members from among themselves. The Speaker presides, maintains order, and has a casting vote in case of a tie.

Legislative Council (Vidhan Parishad)

• Strength: Not more than one-third of the total membership of the Assembly, and not less than 40.
• Composition (Article 171):
  • 1/3 elected by electorates consisting of members of municipalities, district boards, and other local authorities.
  • 1/3 elected by electorates consisting of graduates of three years' standing residing in the state.
  • 1/12 elected by electorates consisting of persons engaged for at least 3 years in teaching in educational institutions.
  • 1/3 elected by members of the Legislative Assembly from among persons who are not members of the Assembly.
  • The remainder nominated by the Governor from among persons with special knowledge in literature, science, art, cooperative movement, and social service.
• Term: 6 years — 1/3 retire every 2 years. Not subject to dissolution.

A state can create or abolish a Legislative Council by a resolution of the Assembly passed by a special majority (majority of total membership and two-thirds of members present and voting), followed by Parliamentary legislation.

Centre-State Relations

Legislative Relations

• State List (List II, Seventh Schedule): 61 subjects on which only the state legislature can make laws: police, public order, prisons, local government, public health, agriculture, land, water (intra-state), fisheries, libraries, and state taxes (stamp duties, excise on alcoholic liquors, taxes on agricultural income, professional tax).
• Concurrent List (List III): Both Parliament and state legislatures can legislate. In case of conflict, Central law prevails (Article 254). However, if a state law on a Concurrent subject receives Presidential assent, it prevails over a subsequent Central law (but Parliament can override it).
• Residuary powers: In India, unlike most federations, the Centre has residuary powers (Article 248). Only Parliament can legislate on matters not in the State or Concurrent Lists.

Administrative Relations

• Article 256: The executive power of every state shall be so exercised as to ensure compliance with laws made by Parliament.
• Article 257: The executive power of every state shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union. The Union can give directions to a state as to the construction and maintenance of means of communication declared to be of national or military importance, and on measures for the protection of railways.
• Article 258: The President may, with the consent of a state government, entrust Union functions to state officers.
• Article 258A: (Added by the 7th Amendment, 1956) A state may, with the consent of the Union, entrust state functions to Union officers.
• Article 262: Parliament may by law adjudicate any dispute relating to waters of inter-state rivers or river valleys.

Financial Relations

• Taxes levied by the Centre but collected and appropriated by states: Stamp duties on bills of exchange, cheques, etc.; excise duties on medicinal and toilet preparations containing alcohol.
• Taxes levied and collected by the Centre but assigned to states: Taxes on inter-state trade or commerce (Article 269), central GST (after GST regime).
• Taxes levied and collected by the Centre and distributed between Centre and states: Income tax (excluding surcharge), corporation tax, central excise (pre-GST), service tax (pre-GST), customs duties. The Finance Commission (Article 280) recommends the distribution.
• State taxes: Stamp duties (other than those in the Union List), agricultural income tax, taxes on land and buildings, taxes on mineral rights, excise on alcoholic liquors, taxes on entertainment, taxes on professions, trades, callings, and employments.
• Grants-in-aid (Article 275): The Centre provides statutory and discretionary grants to states, especially for welfare of Scheduled Tribes and Scheduled Castes, and for development of backward areas.

GST Regime (2017): The 101st Constitutional Amendment (2016) introduced the Goods and Services Tax (GST), subsuming most central and state indirect taxes into a single tax. GST is levied and collected by both Centre (CGST) and states (SGST) on intra-state supplies, and by the Centre (IGST) on inter-state supplies. The GST Council (Article 279A) decides rates, exemptions, and thresholds — a significant shift toward cooperative federalism.

All-India Services (Article 312)

The Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS) are All-India Services common to both the Centre and the states. Officers are recruited by the Union Public Service Commission (UPSC) but serve in state cadres. The Centre can depute them for central assignments. This creates a unified administrative structure that binds the Centre and states together.

Sources