State Government: Governor, Legislature, High Court
Key facts on how the Union's constitutional architecture is mirrored in the States under Part VI.
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Questions Covered in This Set
11 cards to master
How is a Governor chosen? (Article 155)
Appointed by the President — in practice chosen by the Union Council of Ministers — not elected by anyone.
What does 'during the pleasure of the President' (Art. 156) mean for a Governor?
She can be removed at any time, without reasons given, by the Centre — the root of most Centre–State friction.
What does Article 163 say about the Governor's discretion?
She acts on the aid and advice of the State Council of Ministers, EXCEPT where the Constitution requires her to act 'in his discretion' — an exception the President does not have.
Name three genuine discretionary situations for a Governor.
Choosing a CM in a hung Assembly; dismissing a ministry that has lost confidence; recommending President's Rule (Art. 356); reserving a Bill for the President (Art. 200).
What limit does Article 161 place on the Governor's pardon power?
She can pardon, reprieve or remit for offences against State law, but cannot pardon a death sentence — only the President can (Art. 72).
What did S. R. Bommai (1994) establish?
A government's majority must be tested on the floor of the House, not decided in the Governor's drawing room.
What did Nabam Rebia (2016) hold?
The Governor cannot summon or prorogue the Assembly at her own whim; she must act on ministerial advice.
Under Article 164, to whom is the State Council of Ministers responsible?
Collectively responsible to the Legislative Assembly (Vidhan Sabha).
What size cap did the 91st Amendment (2003) place on a State Council of Ministers?
No more than 15% of the Assembly's strength, with a minimum of 12; defectors disqualified from being ministers.
What is the Governor's ordinance power?
Article 213 — she may issue Ordinances when the State legislature is not in session.
What duty does Article 167 place on the Chief Minister?
To keep the Governor informed of decisions of the Council of Ministers and State administration.
