Each State runs its own Legislature and has a Governor as its constitutional head, closely mirroring the Union’s own structure. But the mirror isn’t exact — from how a Legislative Council gets created, to when a Governor can act alone, the differences show up constantly in exams.
Must Know
State Assembly Strength and Structure
- FactArticle 170 fixes the size of every State Legislative Assembly between a minimum and a maximum.
- WhyThe exact number scales with the State’s population, so a bigger State gets a proportionately bigger Assembly.
- MechanismDrawing the actual assembly constituency boundaries is a separate job, handled by the Delimitation Commission.
Creating or Abolishing a Legislative Council
- StructureNot every State has an Upper House — a Legislative Council exists only where that State chose to create one.
- HowParliament creates or abolishes a State’s Legislative Council, but only after that State’s own Assembly first passes a resolution asking for it.
- ResultOnly a handful of States currently run a Council; most work with a single-chamber Assembly alone.
The Governor: Appointment and Tenure
- FactThe President appoints every State’s Governor, under Article 155.
- HowA Governor holds office “during the pleasure of the President,” with a normal term of five years.
- InsteadA Governor need not live in the State they’re appointed to — unlike an MLA, who does.
The Governor’s Ordinance-Making Power
- Article 213The Governor can issue an Ordinance whenever the State Legislature isn’t in session.
- MechanismAn Ordinance carries the same force as an Act of the Legislature, but only for a limited time.
- ResultIt must be laid before the Legislature once it reconvenes, and lapses six weeks after reassembly unless approved.
The Chief Minister’s Duty to Keep the Governor Informed
- DutyArticle 167 places a direct duty on the Chief Minister: keep the Governor informed.
- MechanismThis covers Cabinet decisions and proposed legislation, communicated as and when the Governor asks for it.
- WhyIt gives the Governor a running window into the State government’s business, even without an executive role in it.
Good to Know
Article 163: When the Governor Acts Alone
- Article 163States plainly that the Governor acts on the advice of the Council of Ministers.
- InsteadA narrow exception carves out situations where the Constitution itself requires the Governor to act alone — appointing a Chief Minister after a hung Assembly is the classic example.
- TakeawayDiscretion is the exception here, not the rule — most of a Governor’s day-to-day role still runs on ministerial advice.
Article 200: Reserving a Bill for the President
- Article 200Lets a Governor reserve a State Bill for the President’s consideration instead of signing it.
- InsteadThe President has no independent power to pull in a Bill the Governor hasn’t first reserved and forwarded — a frequent exam trap.
- ResultIn 2025, exactly how long a Governor can sit on a Bill before acting reached the Supreme Court itself — covered in Current Affairs below.
One Pardon Power the Governor Doesn’t Have
- FactThe President can pardon a sentence given by a Court Martial; the Governor cannot.
- InsteadThis is one of the clearest gaps between the Union and State versions of the pardoning power, and a favourite exam trap.
The Governor’s Legal Immunity
- Article 361Shields a sitting Governor from criminal proceedings for the length of their term.
- ResultArticle 158(3) adds a second protection — a Governor’s salary and allowances cannot be cut while they hold office.
- LinkSee Polity0357 — The Governor: Office, Powers and Immunities for the fuller picture.
The Sarkaria Commission’s Recommendations
- FactThe Sarkaria Commission studied Centre-State relations and made recommendations on how Governors are appointed, and how long they serve.
- WhyIts goal was cutting down political misuse of the office — Governors picked or removed for partisan reasons rather than genuine cause.
- LinkSee the Sarkaria Commission article for the fuller recommendations.
✅ Test Yourself
Test your knowledge on the State Legislature and the Governor below, then keep practising with a random Polity question.
Great to Know
A Dual Role, A Recurring Controversy
- Dual RoleA Governor wears two hats at once — a Union-appointed official, and the State’s own constitutional head.
- WhyThat dual identity is exactly why Governors keep landing in political controversy, especially in States run by a party opposed to the Centre.
- TakeawayWatch for this tension whenever a question links “federalism” and “the office of Governor” in the same breath.
How Closely the States Mirror the Union
- FactA State’s legislative structure closely mirrors Parliament at the Union level — an Assembly, sometimes a Council, a Governor standing in for the President.
- InsteadThe mirror isn’t exact — a State Legislative Council plays a far more limited role than the Rajya Sabha, and most States don’t even have one.
- WhyThe framers deliberately kept the Council optional — federalism doesn’t require every State to replicate the Union’s exact shape.
When Does a Speaker Actually Vacate Office?
- Article 179A State Assembly’s Speaker leaves office the moment they stop being a member of that House.
- InsteadDissolving the Assembly does NOT remove the Speaker immediately — they keep the chair until just before the newly elected Assembly first meets.
- LinkSee Polity0356 — Speaker of the Legislative Assembly for the full mechanics.
PYQ / Exam Angle
UPSC CSP 2019: The Governor’s Customary Address
- QuestionAsked whether the Governor’s customary opening-session address, and following Lok Sabha rules when a State has none of its own, are both correct. The answer: only the first is correct.
- WhyArticle 176 does require that customary address. But a State Legislature without its own rule on some matter follows rules made by its own Speaker or Chairman — not the Lok Sabha’s.
- LinkSource: UPSC CSP 2019, GS Paper I (see Q53).
UPSC CSP 2025: Discretion and Bill Reservation
- QuestionAsked whether the Constitution explicitly names discretionary Governor powers, and whether the President can independently reserve a State Bill. The answer: only the first is correct.
- WhyArticle 163(1) does carve out a discretion exception. But Article 200 requires the Governor to reserve and forward a Bill first — the President cannot reach in and pull it independently.
- LinkSource: UPSC CSP 2025, GS Paper I (see Q54).
CDS (I) 2019: The Legislative Council Composition Trap
- QuestionAsked which statement about a State’s Legislative Council is NOT correct, among strength capped at one-third of the Assembly, one-twelfth elected by local-body electorates, and one-twelfth elected by graduates. The answer: the local-body statement is wrong.
- WhyUnder Article 171, local bodies elect one-THIRD of a Council’s members, not one-twelfth — one-twelfth is the share reserved separately for graduates and, again separately, for teachers.
- LinkSource: UPSC CDS (I) 2019, General Knowledge (see Q34). Note: the paper’s own answer block is missing on this question live — verified independently against Article 171’s text rather than the site’s key.
Current Affairs
Supreme Court’s November 2025 Ruling on Governor Assent
- FactOn 20 November 2025, a five-judge Constitution Bench answered a Presidential Reference on exactly how long a Governor can sit on a State Bill.
- ResultThe Court refused to set a fixed timeline for Governors or the President under Articles 200 and 201, and rejected the idea of automatic “deemed assent” if they stayed silent.
- WhyThe Bench still held a Governor cannot sit on a Bill forever — assent, reservation, or return are the only real options. CJI B.R. Gavai warned that unchecked delay would leave an elected government “at the whims and fancies” of the Governor.
Beyond the answer
Browse all indian-polity-and-constitution topics →
📚 Keep reading
Polity0357 — The Governor: Office, Powers and ImmunitiesGovernors-General and Viceroys of India (1773-1947)Polity0027 — State Legislatures and Special Governance ArrangementsLord Ripon: Local Self-Government and the Ilbert BillPolity0225 — Article 200 of the Constitution❓ Practice this topic
NITI Aayog released the first-ever Investment Friendliness Index (IFI) on which date?What did the World Anti-Doping Agency (WADA) object to in the National Anti-Doping Act, 2022?In FY 2021-22, PMAGY was merged into a larger umbrella scheme. What is that scheme called?When did the Dam Safety Act, 2021 receive Presidential assent, becoming Act No. 41 of 2021?🎲 Take a Indian Polity And Constitution Quiz
Leave a Reply