Introduction & Overview
The Indian Constitution establishes a dual polity, with the Union at the Centre and States at the periphery. While the Union government operates under Part V of the Constitution, the structure and functioning of State Governments are primarily defined in Part VI (Articles 152 to 237). Mirroring the parliamentary system at the Centre, each State has its own executive (Governor, Chief Minister, Council of Ministers, and Advocate General) and a legislature (Legislative Assembly, and in some states, a Legislative Council). This parallel structure ensures democratic governance and administrative autonomy at the regional level within India's quasi-federal framework.
This section delves into the foundational aspects of State Government in India, exploring its constitutional definition, structural parallels with the Union, and its key constituent components.
15.1.1: Article 152: Definition of "State"
Article 152 Defined
This article, at the commencement of Part VI, initially stated that the "State" for the purposes of this Part (i.e., Part VI of the Constitution) does not include the State of Jammu and Kashmir.
Source: Indian Constitution - Article 152
Context Changed after J&K Reorganisation Act, 2019
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Prior to Aug 5, 2019
Special status of J&K under Article 370 meant many Part VI provisions did not directly apply or applied with modifications.
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J&K Reorganisation Act, 2019
Followed Presidential Order C.O. 272 and revocation of Article 370. All provisions of Constitution now applicable to J&K.
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Consequence & Reorganisation
Restriction in Article 152 no longer applicable. Part VI applies to all States. Former J&K became two UTs: J&K (with legislature) and Ladakh (without).
Part VI applies to all states unless specified otherwise. General rule is uniform application. Specific exceptions are mentioned in other parts (e.g., Part XXI).
15.1.2: Parallel Structure to Union Government
India operates a parliamentary system of government at both the Centre and in the States, ensuring a consistent framework of governance.
Union Government
- Head of State: President
- Real Executive: Prime Minister
- Council of Ministers: Union CoM
- Legislature: Bicameral Parliament (Lok Sabha + Rajya Sabha)
- Legal Advisor: Attorney General of India
- Accountability: Union CoM collectively responsible to Lok Sabha
State Government
- Head of State: Governor
- Real Executive: Chief Minister
- Council of Ministers: State CoM
- Legislature: Bicameral State Legislature (Legislative Assembly + Legislative Council in some states)
- Legal Advisor: Advocate General of State
- Accountability: State CoM collectively responsible to State Legislative Assembly
This mirroring ensures democratic accountability and efficient governance at both national and sub-national levels.
15.1.3: Components of State Government
The State Government is composed of distinct Executive and Legislative branches, each with defined roles and responsibilities.
State Executive (Chapter II of Part VI)
Governor (Articles 153-162)
The nominal/constitutional head of the State. Appointed by the President, acts as the representative of the Centre in the State.
Chief Minister (Articles 163-164)
The real executive head of the State. Appointed by the Governor, leader of the Council of Ministers.
Council of Ministers (Articles 163-164)
Headed by the Chief Minister, aids and advises the Governor. Collectively responsible to the State Legislative Assembly.
Advocate General for the State (Article 165)
The highest law officer in the State. Appointed by the Governor, advises the State government on legal matters.
State Legislature (Chapter III of Part VI)
Legislative Assembly (Vidhan Sabha) (Articles 170-171)
The directly elected popular house in each state. It exists in all states, representing the will of the people.
Legislative Council (Vidhan Parishad) (Articles 169, 171)
The upper house, existing in only six states currently: Andhra Pradesh, Karnataka, Telangana, Maharashtra, Uttar Pradesh, Bihar. Its creation or abolition depends on a resolution passed by the State Legislative Assembly (special majority) and subsequent parliamentary law (simple majority).
Key Point: Bicameralism at State Level
Unlike the Lok Sabha which is present at the Centre, the presence of a Legislative Council is optional for states and represents a debate point in Indian federalism regarding its utility and democratic mandate.
Conclusion & Significance
The structure of State Governments, as outlined in Part VI of the Constitution, is a crucial manifestation of India's federal system. By establishing autonomous executive and legislative bodies at the state level, it facilitates democratic governance responsive to regional needs and diverse populations. While the Governor acts as a link to the Union, ensuring constitutional adherence, the real power lies with the elected Chief Minister and Council of Ministers, who are accountable to the State Legislative Assembly.
This parallel structure is vital for the effective administration of a vast and diverse country, ensuring that legislative and executive functions are carried out efficiently at the sub-national level, contributing to India's overall federal balance and democratic vibrancy.
Prelims-Ready Notes
- State Government Structure: Defined primarily in Part VI (Articles 152-237) of the Constitution.
- Article 152: Defines "State" for Part VI. Initially excluded J&K. Post-J&K Reorganisation Act, 2019: Restriction in Art 152 regarding J&K no longer applicable. Part VI now applies to all States of India. Former J&K now UTs (J&K with legislature, Ladakh without).
- Parallel Structure to Union Government: India has a parliamentary system at both Centre and State levels.
- Head of State: President (Union) vs. Governor (State).
- Real Executive: PM (Union) vs. CM (State).
- Accountability: State CoM is collectively responsible to the State Legislative Assembly.
- Components of State Government:
- State Executive (Chapter II, Part VI): Governor (Art 153-162), Chief Minister (Art 163-164), Council of Ministers (Art 163-164), Advocate General (Art 165).
- State Legislature (Chapter III, Part VI): Legislative Assembly (Vidhan Sabha) (Art 170-171 - all States), Legislative Council (Vidhan Parishad) (Art 169, 171 - 6 States: AP, KN, TG, MH, UP, BR).
Mains-Ready Analytical Notes
Major Debates/Discussions
- Unitary vs. Federal Character: Governor's role as Centre's rep sparks debates on federal autonomy (Centre-State relations).
- Reorganization of J&K: Changes by J&K Reorganisation Act, 2019, impacting Part VI and state-to-UT conversion, spark constitutional/federal debates on Union's power.
- Bicameralism at State Level: Utility of Legislative Councils (scrutiny, representation) vs. arguments against (expensive, delays, backdoor for defeated politicians).
Historical/Long-term Trends
- Evolution of States: State government structure adapted to reorganization (linguistic, new states).
- Centralization of Power: Trend towards centralizing tendencies, sometimes impacting state autonomy.
- Decline of Legislative Councils: Many states abolished LCs over time, reflecting shift towards unicameralism.
Contemporary Relevance/Impact
- Responsive Governance: Parallel structure ensures responsiveness to regional needs.
- Democratic Decentralization: State government acts as intermediary layer to local self-governments.
- Policy Implementation: States are crucial for national policy and scheme implementation.
- Role in Cooperative Federalism: Key players in interacting with Centre on policy, resource sharing, and dispute resolution.
Real-world Examples (India)
- Jammu & Kashmir Reorganisation (2019): Directly affected Article 152 and application of Part VI; conversion of state to UTs (J&K with legislature, Ladakh without).
- Demand for Legislative Councils: States like West Bengal, Rajasthan, Assam express interest. Andhra Pradesh decided to abolish its LC in 2020 (pending Parl. law).
- Role of Governors: Recent instances of friction between Governors and elected state governments (e.g., Kerala, Tamil Nadu, Telangana, West Bengal) highlight the delicate balance and Governor's role as central nominee.
UPSC Previous Year Questions
UPSC Prelims 2016 (Similar Concept)
Consider the following statements:
- The President of India can summon a session of the Parliament at such place as he thinks fit.
- The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
- There is no minimum number of days that the Parliament is required to meet in a year.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Answer: (c)
Hint: This tests central legislative aspects. The state legislatures largely mirror these, including rules for summoning sessions.
UPSC Prelims 2014
Which of the following is/are the discretion(s) granted to the Governor of a State?
- Sending a report to the President of India for imposing the President's Rule.
- Appointing the Ministers.
- Reserving certain bills passed by the State Legislature for the consideration of the President of India.
- Making the rules to conduct the business of the State Government.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (b)
Hint: This directly tests the powers of the Governor, a key component of the State Executive. Appointment of ministers is on the advice of CM, not discretionary.
UPSC Mains 2020 (GS Paper 2)
"Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss."
Value Points:
- Federal features: Dual polity, written constitution, division of powers, independent judiciary, supremacy of constitution, bicameralism.
- Unitary leanings (relevant to State Govt): Appointment of Governor by Centre, Governor's discretionary powers (e.g., reserving bills, recommending President's Rule under Art 356), Centre's power to create/abolish states (J&K Reorganisation Act 2019), single constitution.
- Conclude that the state government structure itself reflects federalism, but the Governor's role and Centre's intervention powers highlight the unitary bias.
Original MCQs for Prelims
Original MCQ 1: State Legislature
Which of the following statements about the State Legislature in India is/are correct?
- The Legislative Assembly exists in all States of India.
- The Legislative Council exists in more than ten States of India.
- A State Legislative Council can be created or abolished by a simple majority resolution of the State Legislative Assembly.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a)
Explanation: Statement 1 is correct. Statement 2 is incorrect (only 6 states). Statement 3 is incorrect (requires special majority in Assembly and simple majority in Parliament).
Original MCQ 2: State Executive
With reference to the State Executive in India, consider the following statements:
- The Governor is appointed by the President and holds office during the pleasure of the President.
- The Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the advice of the Chief Minister.
- The Advocate General for the State holds office during the pleasure of the Governor and receives remuneration determined by the Governor.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (d)
Explanation: All statements are correct as per Articles 155, 156, 164(1), and 165(3) of the Indian Constitution.
Original Descriptive Questions for Mains
Original Mains Question 1
"The structure of State Government in India largely mirrors that of the Union, reinforcing a parliamentary system at the regional level. Analyze how this parallel structure works, highlighting the key components of the State Executive and their interrelationship within the state's constitutional framework." (15 marks, 250 words)
Key Points/Structure:
- Intro: India's dual polity, parallel parliamentary structure at state level (Part VI).
- Components of State Executive:
- Governor: Nominal head, appointed by President, Centre's representative (Art 153-156).
- Chief Minister: Real executive head, appointed by Governor (leader of majority party/coalition), leads CoM (Art 164).
- Council of Ministers: Headed by CM, aids & advises Governor (Art 163), appointed by Governor on CM's advice.
- Advocate General: Highest law officer for state, appointed by Governor (Art 165).
- Interrelationship:
- Governor & CoM: Governor bound by aid and advice of CoM (Art 163(1)), but with more explicit/situational discretion than President due to Centre's nominee role.
- CM & CoM: CM pivotal, selects ministers, allocates portfolios, presides, ensures collective responsibility.
- Collective Responsibility (Art 164(2)): CoM collectively responsible to State Legislative Assembly ("Swim or sink together").
- Individual Responsibility (Art 164(1)): Ministers hold office during Governor's pleasure (on CM's advice).
- Conclusion: This structure ensures democratic accountability, efficient governance, and responsiveness to regional needs, balancing nominal authority with real political power tied to legislative confidence.
Original Mains Question 2
"Discuss the implications of the Jammu and Kashmir Reorganisation Act, 2019, on the application of Part VI of the Indian Constitution. How has this reorganization altered the traditional understanding of 'State' in the context of India's federal structure?" (10 marks, 150 words)
Key Points/Structure:
- Intro: J&K Reorganisation Act, 2019, context (abrogation of Art 370).
- Impact on Article 152 & Part VI Application:
- Before 2019: Art 152 explicitly excluded J&K for Part VI; many Part VI provisions didn't apply or applied with modifications.
- After 2019: Revocation of Art 370, Presidential Order C.O. 272 made all Constitution provisions (including Part VI) uniformly applicable. Art 152 restriction became irrelevant.
- Alteration of 'Traditional Understanding of State' in Federal Structure:
- Conversion to UTs: A full-fledged state converted into Union Territories (J&K with legislature, Ladakh without) - significant centralization.
- Reduced Autonomy: Concept of distinct 'State' with inherent legislative/executive autonomy fundamentally altered for J&K, increasing central control.
- Precedent: Demonstrated Union Parliament's power to re-organize and alter 'state' status, influencing understanding of federal power dynamics.
- Conclusion: Profound implications, universalizing Part VI application while highlighting Union's asymmetric power to redefine federal units, impacting India's dynamic federal structure.