STATE LEGISLATURE

(SLA, SLC)

Dr. Vipan Goyal

 State Legislature

• State Legislature means

– The State Legislative Assembly or Lower House
– The State Legislative Council or Upper House
And
– The Governor

• Majority of the states in India have only assembly and is called unicameral
system.
Articles 168 to 212 in Part VI of the Constitution deal with the organisation,
composition, duration, officers, procedures, privileges, powers and so on
of the state legislature.

Though these are similar to that of Parliament, there are some differences
as well
UNICAMERAL SYSTEM AND BICAMERAL SYSTEM:

• In any state if both the Assembly and the Legislative council are present it is
called bicameral system.
• As of now, only 6 states are bicameral. They are
– Andhra Pradesh
– Telangana
– Bihar
– Karnataka
– Maharashtra
– Uttar Pradesh

**Tamil Nadu L.C. – abolished in 1986

** Jammu and Kashmir- abolished in 2019
Legislative council = Vidhan Parishad =
Upper house = Second chamber = House of elders

Legislative assembly = Vidhan Sabha =

Lower house = First chamber = Popular House
HOW THE STATE LEGISLATIVE COUNCIL IS CREATED / ABOLISHED?
• ARTICLE 169: The Parliament is empowered to establish or abolish a state
legislative council.
• The state assembly if passes a resolution by a special majority.
• If the Parliament by a majority (simple) accepts the same then the legislative
council can be established.
 LEGISLATIVE ASSEMBLY
STRENGTH: (NUMBER OF MEMBERS)
• The minimum strength of assembly is 60.
• The maximum strength of assembly is 500.
• The strength of assembly varies from state to state depending on the
population.

 The strength of Uttar Pradesh assembly is 403. (Highest population)

 Second highest – West Bengal (294)
 The strength of Sikkim assembly is 32. (Lowest population).
 In case of Nagaland the minimum strength is fixed at 46.
 In case of Mizoram the minimum strength is fixed at 40.
 In case of Arunachal Pradesh(60), Goa(40),Pudduchery(30) and Sikkim(32) the
minimum strength is fixed at 30.
ELECTION:
• All the members in the assembly are directly elected by the people.
• The Governor nominates one member from the Anglo-Indian community.

RESERVATION:
• The seats are reserved for scheduled castes and scheduled tribes in the
assembly on the basis of population ratio.
TERM:
• The term of legislative assembly is 5 years.
• Even before the completion of the term of 5 years the assembly may be
dissolved by the Governor.
CAN THE TERM OF ASSEMBLY BE EXTENDED ?

• The term of assembly can be extended by 1 year during the period of

National emergency.

• This period can be extended by any number of times but not more than 1
year at a time.

• The extension cannot be continued beyond a period of 6 months after the

emergency has ceased to operate.
QUALIFICATIONS FOR LEGISLATIVE ASSEMBLY:
1. He must be a citizen of India.
2. He must not be less than 25 years of age.
3. He must possess other qualifications prescribed by the Parliament.

**Should be a registered voter in the concerned state

DISQUALIFICATIONS:
The disqualifications are same like that of a member of the Parliament.
• If he holds any office of profit under the Union or State government.
• If he is of unsound mind and stands so declared by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state or is under any acknowledgement of allegiance to a foreign
state.
• If he is so disqualified under any law made by the Parliament.
NOTE:

• The state legislature can declare that a particular office of profit will not
disqualify its holder from its membership.

• The disqualification of a member is decided by the Governor after obtaining

the opinion of the Election Commission.

• The question of disqualification on the grounds of defection is decided by the

speaker.
SALARY:

• The salary of the members of legislative assembly is decided by the state

legislature.

RESIGNATION:

• A member of legislative assembly submits the resignation to the speaker.

SPEAKER

QUALIFICATIONS:
He must be a member of the legislative assembly.

ELECTION:
• The speaker is elected from amongst the members of state legislative
assembly.
• The election of the speaker is conducted by the pro-tem speaker.
RESIGNATION:
Speaker submits the resignation letter to the Deputy Speaker.

NOTE:

Protem speaker is appointed by the Governor.

Generally the senior most member of the assembly is appointed as the pro-tem
speaker.
VACANCY IN THE OFFICE OF THE SPEAKER:
• If the speaker ceases to be a member of assembly he is deemed to be vacated
the seat.
• If he resigns then there is a vacancy in the office of the speaker.
• If the speaker is removed by a resolution passed by a majority of all the then
members of the assembly, then there is a vacancy in the office of the speaker.

REMOVAL PROCEDURE OF THE SPEAKER:

• The speaker can be removed from the office after giving 14 days advance notice.
• During this period the speaker cannot act as the speaker.
• Instead the deputy speaker acts as the Speaker.
• After 14 days if a resolution is passes by a majority of all the then members of the
assembly, the speaker is considered to be removed from the office.
FUNCTIONS OF THE SPEAKER:

• The most important function of the Speaker is to maintain decency and

decorum in the assembly.
• The Speaker adjourns the assembly or suspends the meeting in the absence
of quorum.

QUORUM:
– This is the minimum strength in the assembly.
– Quorum is equal to 1/10th of the total
– OR
– 10 members whichever is higher.
– In bigger states like UP or AP the minimum strength must be 1/10th of the
total and in states like Goa and Sikkim the minimum strength must be 10
members.
• The speaker decides whether a bill is money bill or not and the decision of
the speaker is final.
• The speaker appoints the chairmen of all the committees of the assembly.
• The speaker has the casting vote or deciding vote.
– The speaker does not vote in the first instance.
– If there is an equality of votes then only the speaker votes.
DEPUTY SPEAKER

QUALIFICATIONS:

• The deputy speaker must be a member of Assembly.

• The deputy speaker is elected from amongst the members.

• The election of the speaker is conducted after the election of the speaker.

• The deputy speaker election is conducted by the Speaker.

FUNCTIONS OF THE DEPUTY SPEAKER:

• He acts as the speaker in the absence of the speaker.

RESIGNATION:

• The deputy speaker submits the resignation to the speaker.

VACANCY IN THE OFFICE OF THE DEPUTY SPEAKER:

• If the deputy speaker ceases to be a member of assembly he deemed to be

vacated the seat.

• If the deputy speaker resigns then there is a vacancy in the office of the
deputy speaker.

• If the deputy speaker is removed by a resolution passed by a majority of all

the then members of the assembly, then there is a vacancy in the office of
the deputy speaker.
REMOVAL PROCEDURE OF THE DEPUTY SPEAKER:

• The deputy speaker can be removed from the office after giving 14 days
advance notice.

• During this period the deputy speaker cannot act as the speaker.

• After 14 days if a resolution is passes by a majority of all the then members of

the assembly, the deputy speaker is considered to be removed from the
office.
 LEGISLATIVE COUNCIL
STRENGTH: (NUMBER OF MEMBERS)

• The minimum strength is 40.

• The maximum strength is 1/3rd of the total strength of the assembly.**
• In between the maximum and minimum the strength is fixed by the
parliament.

• Maximum strength - UP (100)

ELECTION:
The members of legislative council are elected indirectly.

NOMINATION:
1/6th of the total strength are nominated by the Governor.

Fields – persons who have a special knowledge or practical experience of

literature, science, art, cooperative movement and social service.
 ELECTION PROCEDURE:
• The members are elected in accordance with system of proportional
representation by means of a single transferable vote.
• 1/3rd are elected by the members of local bodies like municipalities, district
boards etc.

• 1/3rd are elected by the MLA’s (Members of Legislative Assemblies).

• 1/12th are elected by graduates.

• 1/12th are elected by teachers.

• 1/6th are nominated by the governor.

TERM OF LEGISLATIVE COUNCIL:

• It is a permanent house and is not subjected to dissolution.

• 1/3rd members retire at the end of every second year.

• The term of a member of legislative council is 6 years.

• The retiring members are eligible for re-election.

QUALIFICATIONS FOR LEGISLATIVE COUNCIL:
• He must be a citizen of India.
• He must not be less than 30 years of age.
• He must possess other qualifications prescribed by the Parliament.

• A person to be elected to the legislative council must be an elector from an

assembly constituency in the concerned state.
• He must be a resident in the concerned state.
DISQUALIFICATIONS:
• If he holds any office of profit under the Union or State government.
• If he is of unsound mind and stands so declared by a court.
• If he is an un discharged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state or is under any acknowledgement of allegiance to a foreign
state.
• If he is so disqualified under any law made by the Parliament.
SALARY:
• The salary MLCs is decided by the state legislature.

RESIGNATION:
• An MLC submits the resignation to the Chairman of the legislative council.
CHAIRMAN OF LEGISLATIVE COUNCIL:
• The chairman of the legislative council must be a member of the legislative
council.
• The chairman is elected from amongst the members.

***Note:
This is unlike Rajya Sabha, where the Chairman is not a member of the Rajya
Sabha.

RESIGNATION:
The Chairman submits the resignation to the deputy chairman.
VACANCY IN THE OFFICE OF THE CHAIRMAN:
• If he ceases to be a member of legislative council.
• If the chairman resigns.
• If the chairman is removed by a resolution passed by a majority of all the
then members of the council.

REMOVAL:
• For removing the chairman 14 days advance notice is given.
• If the resolution is passed by the then members of the council the chairman is
considered to be removed.
FUNCTIONS OF THE CHAIRMAN:
The functions of the chairman of the legislative council are similar to that of the
speaker of assembly.

SALARY:
The salary and allowances of the chairman of the legislative council are decided
by the state legislature.
DEPUTY CHAIRMAN OF THE LEGISLATIVE COUNCIL:
• The deputy chairman must be a member of the legislative council.
• The deputy chairman is elected from amongst the members of the council.

RESIGNATION:
The deputy chairman submits the resignation to the chairman.

VACANCY:
• If he ceases to be a member of legislative council.
• If the deputy chairman resigns.
• If the deputy chairman is removed by a resolution passed by a majority of all
the then members of the council.
REMOVAL:
• Same procedure like that of Chairman.
• For removing the deputy chairman 14 days advance notice is given.
• If the resolution is passed by the then members of the council the deputy
chairman is considered to be removed.

FUNCTIONS OF THE DEPUTY CHAIRMAN:

• The deputy chairman acts as the chairman in the absence of the Chairman.
HOW THE BILLS ARE PASSED IN THE STATE LEGISLATURE?
The bills at the state level are divided into 2 categories.
– Ordinary bills
– Money bills

Note: In case of unicameral legislature all the bills are introduced in the
assembly, if it is passed the bill will be forwarded to the Governor for his assent.
ORDINARY BILL:
An ordinary bill can be introduced in either of the houses of the state legislature.
If a bill that is introduced in the assembly is not passed, then the bill is
considered to be rejected and the bill does not go to the legislative council.
When a bill is passed by the assembly and forwarded to the council then
1. The council may pass the bill as sent by the assembly
2. The council may reject the bill.
3. The council may pass the bill with amendments (changes) and return the
bill to the assembly for reconsideration.
4. The council may not take any action and keeps the bill pending.
• If the council passes the bill without amendments the bill is deemed to be
passed by both the houses and is sent to the Governor for his assent.
• If the council passes the bill with amendments and the assembly accepts the
same then also the bill is considered to be passes and forwarded to the
Governor for his assent.

• If the assembly rejects the amendments as suggested by the council

OR
the council rejects the bill all together
OR
If the council does not take any action for a period of three months

then the assembly may pass the bill again and forward the same to the council.
• If the council rejects the bill again
OR
• Passes the bill with amendments that are not acceptable to the assembly
OR
• If the council does not pass the bill within one month then the bill is deemed
to have been passed by both the houses in the form in which it was passed by
the assembly for the second time.
WHERE IS THE ULTIMATE AUTHORITY LIES?

• The ultimate power to pass a bill lies with the assembly.

• In case of dead lock there is no provision of the joint sitting like in Parliament.

• On the other hand the bill that is originated in the legislative council is passed
and sent to the assembly, if rejected by the assembly the bill is considered to
be rejected and the bill becomes dead.
ROLE OF GOVERNOR:

• The Governor may give assent to the bill and the bill becomes an act.
• The Governor may withhold the bill the assent to the bill. Then the bill does
not become an act.
• The Governor may return the bill for the reconsideration. In this case if the
bill is passed by the legislature and sent to the governor for assent the
governor must give the assent.
• The Governor may reserve the bill for the consideration of the President. The
President may either give the assent
OR
withhold the assent to the bill
OR
return the bill for reconsideration
• The state legislature must consider the bill within six months.

• The bill is presented again to the presidential assent after it is passed by the
legislature with or without amendments.

• Constitution is silent on the action of the President after reconsideration by

the state legislature.
MONEY BILLS:

• A money bill can be introduced only in the assembly only on the

recommendation of the governor.
• All money bills are Public or governmental bills.
• The money bills are introduced only by the ministers and not by other
members.
• A money bill cannot be introduced in the legislative council.
• After a money bill is passed by the assembly, the same is forwarded to the
legislative council.
• The legislative council cannot reject the money bills.
• The legislative council cannot amend the money bill.
• The legislative council can suggest recommendations.
• The legislative council must return the money bill to the assembly within 14
days.
• The assembly can accept or reject the suggestions given by the legislative
council.
• If the legislative council does not return the money bill within 14 days then
the bills is deemed to have been passed by both the houses.
• The money bill then submitted to the Governor for his assent.
ROLE OF GOVERNOR IN MONEY BILL:
• The governor may give assent to the money bill.
• The governor may withhold the assent to the money bill.
• The governor may reserve the money bill for the consideration of the
President.
• The governor cannot return the money bill for the reconsideration of the
state legislature.
• When the money bill is reserved for the consideration of the President the
President may give assent or withhold the bill.
• The President cannot return the money bill for reconsideration of the state
legislature.
Chief Minister
and
The State Coucil of
Ministers
 Chief Minister

• The Chief Minister is the de facto (real) head.

• The Chief Minister is the head of the Government.

Note: The Governor is the dejure (nominal) head.

The Governor is the head of the state.

APPOINTMENT:
• The Chief Minister is appointed by the Governor (Art 164)
• Other Ministers are also appointed by the Governor only on the advice
of the Chief Minister.
OATH OF OFFICE:
The oath of office to the Chief Minister is administered by the Governor.

TERM:
The Chief Minister holds the office during the pleasure of the Governor.

RESIGNATION:
The Chief Minister submits the resignation to the Governor.
ARTICLE 164:

a. The Chief Minister shall be appointed by the Governor and other ministers
shall be appointed by the Governor on the advice of the Chief Minister.

b. The Ministers shall hold the office during the pleasure of the Governor.

c. The Council of Ministers shall be collectively responsible to the state

legislative assembly.
 • To uphold the democratic principles the Governor appoints the leader of
the majority party in the state legislative assembly as the Chief Minister.

• In case no party has the majority then the Governor uses

the discretionary powers.**
1. The general principle is that the Governor invites the coalition group to
form the government.
2. In coalition government there are minimum 2 parties in the government.
3. If there is no possibility of the formation of the government by group of
parties then the Governor invites the single largest party to form the
government.
NOTE –
 Single largest party is a party is different from the majority party.
 A majority party gets the clear cut majority in the house.
 Single largest party is that party that won highest number of seats in
the house but did not get the majority.

4. If the single largest party refuses to form the government then he

invites the second largest party to form the government.
• If no party comes forward to form the government then the Governor
recommends for the proclamation of the President’s Rule.

• A person who is not a member of the state legislature can be appointed

as the Chief Minister.
• He should become a member of either of the houses of the state
legislature within six months, failing which he ceases to be the Chief
Minister.

• The Chief Minister may be the member of any of the two houses of
a state legislature.
REMOVAL:
• The Chief Minister is removed by the Governor.
• The Chief Minister cannot be removed as long as he enjoys the
majority of the House. (This was ruled by the Supreme Court in 1994 in
S R Bommai V. Union of India case).
• If the Chief Minister loses the majority of the assembly, he must resign
otherwise the Governor can remove the Chief Minister.

SALARY:
The salary and other allowances of the Chief Minister are determined by
the state legislature.
FUNCTIONS:

• The CM is the head of the Council of Ministers.

• The CM presides over the meeting of the Council of Ministers.
• The CM advises the Governor to appoint other Ministers.
• The CM decides the allocation of the portfolios among various the
ministers.
• The CM reshuffles the portfolios.
• The CM advices the minister to resign.
• The CM advices Governor to accept resignation letter of a minister.
• The CM advices the Governor to dismiss a minister in case he does not
tender resignation letter even after advice by the Chief Minister
• The Chief Minister is the channel of communication between the
Governor and the council of ministers.
• Article 167: It shall be the duty of the Chief Minister to communicate
to the Governor of the state all decisions of the council of ministers
relating to the administration of the affairs of the state and proposals for
legislation.

• To furnish such information to the Governor relating to:

 the administration of affairs of the state
 proposals for legislation
 any matter on which a decision has been taken by a minister but which
has not been considered by the Council.

• The Advocate General is appointed by the Governor on the advice of

the CM.
• The SPSC (State Public Service commission) Chairman and members
are appointed by the Governor on the advice of the CM.
• The SFC (State Finance Commission) Chairman and the members are
appointed by the Governor on the advice of the CM.
• The SEC (State Election Commissioner) is appointed by the Governor on the
advice of the CM.

• The CM advices the Governor to summon and prorogue the state legislature.
• The CM advises the Governor to dissolve the state legislative assembly.

• The CM is the ex-officio chairman of the State Planning Board.

• The CM is the Vice Chairman of the Zonal council by rotation. (chairman
=HM)
• The CM is a member of NDC (National Development Council).
• The CM is a member of ISC (Inter State Council).
• The CM is a member of NIC (National Integration Council).
•He is the chief spokesman of the state government.
•He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the state, he meets various sections of the people and receives
memoranda from them regarding their problems, and so on.
•He is the political head of the services.

Thus a CM plays a very significant and highly crucial role in the state administration.

However, the discretionary powers enjoyed by the governor reduces to some

extent the power, authority, influence, prestige and role of the Chief Minister in the
state administration.
 State Council of Ministers

• The council of ministers headed by the chief minister is the real executive
authority in the politico-administrative system of a state.

• Article 163: The Council of Ministers is headed by the Chief Minister to

aid and advice the Governor in the exercise of his functions.

• Article 164: The Council of Ministers is collectively responsible to the

state legislative assembly.
APPOINTMENT:

• The ministers are appointed by the Governor on the advice of the Chief Minister.

• The person to be appointed as the Minister must be a member of either of the

houses of the State Legislature.

• If a person who is not a member of either of the houses of the state legislature is
appointed as a minister he should become a member of either of the houses with in
a period of six months.

• Even a nominated member of either of the houses of the state legislature can be
appointed as a minister.
OATH:
Oath of office and secrecy is administered by the Governor.

SALARY:
The salary and other allowances are determined by the state legislature.
RESIGNATION:
• A Minister is individually responsible to the Governor.
• A Minister submits the resignation to the Governor.
• The Governor accepts the resignation only on the advice of the Chief
Minister.

REMOVAL:
A minister is removed by the Governor on the advice of the Chief Minister.
STRENGTH:
• The total number of Ministers including Chief Minister should not
exceed 15 percent of the strength of the state legislative assembly.
• Minimum no.  shall not be less than 12.
• The restriction was imposed through the 91st Amendment act of 2003.
• Accordingly Article 164 was amended [Article 164 (1A)].

Note: Through the same amendment , Article 75 was also amended to

restrict the strength of the Council of Ministers at the Central to 15% of the
Lok Sabha.
Like at the Centre, in the states too, the council of ministers consists of three
categories of ministers –

• Cabinet ministers
• Ministers of state
• Deputy ministers
CABINET - A smaller body called cabinet is the nucleus of the council of ministers.
It consists of only the cabinet ministers. It is the real centre of authority in the state
government.
GOVERNOR
 Governor

•The Governor is the Constitutional head of the state.

•Just like the President of India the Governor of a state is a dejure
(constitutional or nominal or titular or Figure) head.

APPOINTMENT:
The Governor of a state is appointed by the President. (NOT ELECTED)

OATH OF OFFICE:
The oath of office of the Governor is administered by the Chief Justice of the
concerned High Court.
•He is appointed by the president and he is a nominee of the Central government.
•The office of governor of a state is not an employment under the Central
government.

• It is an independent constitutional office and is not under the control of or

subordinate to the Central government.
QUALIFICATIONS:
•
He should be a citizen of India.
•
He should have completed the age of 35 years.

**CONVENTIONS :
•Not from the same state
•Apolitical
•CM of the state should be consulted
•Union CoM advises- president
CONDITIONS:
•
Should not be a member of either of the houses of the Parliament or a House of the
state legislature.
If any such person is appointed as the Governor, he is deemed to have vacated his
seat in that house on the date on which he enters upon his office of Governor.

•Should not hold any office of profit.

SALARY:
•The salary and other allowances are decided by the parliament.
TERM:
The Governor holds the office during the pleasure of the president.

REMOVAL:
•The Governor may be removed by the President at any time.
•The Governor has no fixed term of office.
RESIGNATION:
The Governor submits the resignation to the President of India.

TRANSFER:
The President may transfer a Governor from one state to the other.

REAPPOINTMENT:
The President may reappoint a person as the Governor of the same state or
transfer to the other state.
MISCELLANEOUS:

•As per the 7 th

Constitutional amendment act of 1956 same person can be
appointed as the Governor for two or more states.

•The official residence of the Governor is called the Raj Bhavan.

•The Governor holds the office during the pleasure of the President.
•The Governor has no security of tenure.
FUNCTIONS:

The functions of a Governor are similar to that of the President of India :-

1.Executive
2.Legislative
3.Judicial
4.Financial
But the Governor does not have diplomatic, military and Emergency powers
like that of the president of India.
EXECUTIVE POWERS OF THE GOVERNOR:
All executive decisions of state govt are taken in the name of Governor

The Governor of a state appoints

•The Chief Minister and other Ministers.
•Advocate General
•State election commissioner
•The Chairman and members of the state public service commission*
•Vice Chancellors of various universities in the state.
The Governor
•Recommends for President’s rule in the state. (Article 356)
•Himself acts as the Chancellor of Universities in the state.
LEGISLATIVE POWERS OF THE GOVERNOR:

•The Governor is a part of State Legislature.

•State Legislature means the Legislative Assembly, the Legislative Council and
the Governor if it is bicameral legislature.
Unicameral = Gov + L.A.
Bicameral = Gov. + L.A. + L.C.

•The Governor summons the State Legislature (Assembly and Legislative

Council).
•The Governor Prorogues the State Legislature.
Prorogue means ending of a session.
Summon means beginning of a session.
•The Governor dissolves the State Legislative Assembly.
•The Legislative Council is a permanent house it cannot be dissolved.
But it can be abolished.

•The Governor addresses the state legislature at the beginning of the first session
each year.
–Here the meaning of year is calendar year and not financial year. This is
generally the budget session that starts in the month of February.
•The Governor also addresses the state legislature at the beginning of the first
session after each general election
•The Governor can send messages to the houses of the state legislatures with
respect to a bill pending in the legislature or otherwise.

•In case there is a vacancy in the office of both Speaker and Deputy Speaker
the Governor can appoint any member of the State Legislative Assembly to
preside over its meeting.
•The Governor nominates one Anglo-Indian to the state legislative Assembly.

•The Governor nominates 1/6 th

of the members to the state legislative Council
from amongst the persons having special knowledge or practical experience in
–Science
–Arts
–Literature
–Social Service
–Cooperative Movement
•The Governor decides the question of disqualification of the members of the
State Legislature in consultation with the Election Commission.
(Election Commission of India , not the State Election Commission)

•A bill becomes a law with the assent of the Governor.

•When a bill is sent to the Governor, then the Governor can
–Give assent to the bill
OR
–Withhold the assent to the bill.
OR
–If the bill is not a money bill the Governor can return the bill for
reconsideration. If the bill is passed by the state legislature again with or
without amendments then the Governor has to give assent to the bill.
 OR
- Reserve the bill for the consideration of the president.
In one case such reservation is obligatory, that is, where the bill passed by the
state legislature endangers the position of the state high court.

NOTE
•When the governor reserves a bill for the consideration of the President, he
will not have any further role in the enactment of the bill.
• If the bill is returned by the President for the reconsideration and is passed
again, the bill must be presented again for the presidential assent only.
•If the President gives his assent to the bill, it becomes an act. This means that
the assent of the Governor is no longer required.
• The Governor of a state can promulgate the ordinances when the state
legislature is not in the session. (Article 213).

• Ordinance: This is a temporary law.

• This must be approved by the State legislature within six weeks from the date of
reassembly of the state legislature.
• The Governor can also withdraw an ordinance anytime.
• His ordinance-making power is not a discretionary power.
• This means that he can promulgate or withdraw an ordinance only on the advice
of the council of ministers headed by the chief minister.
 •The Governor lays the report of
–State Public Service Commission (SPSC)
–State Finance Commission (SFC)
–Comptroller and Auditor General (CAG)
Note: There is no separate constitutional office of CAG at the state level.
FINANCIAL POWERS OF THE GOVERNOR:

•The Governor sees that the budget (Annual Financial Statement) is laid before
the State Legislature.
•The Money bills can be introduced in the State Legislature only on the prior
recommendation of the Governor.
•No demand for a grant can be made except on the recommendation of the
Governor.
•The Governor can make advances out of the Contingency Fund of a State to
meet any unforeseen expenditure.
•The Governor constitutes a State Finance Commission after every five years
to review the financial position of the Panchayats and the Municipalities.
JUDICIAL POWERS OF THE GOVERNOR:

•The Governor takes decisions with relation to the appointments, postings,

promotions of the District Court judges in consultation with the state High
Court.

•The Governor can grant Pardons, reprieves, respites and remissions of

punishments or suspend, remit and commute the sentence of any person
convicted of any offence against any law relating to a matter to which the
executive power of the state extends.
•The Governor cannot Pardon a death Sentence. (Only the President has the power
of Pardon a death Sentence).

•The Governor cannot grant pardon, reprieve, respite, suspension, remission or

commutation in respect to punishment or sentence by a court martial. (The
President of India enjoys this power).
IMPORTANT ARTICLES RELATED TO THE GOVERNOR:

Article 153: There shall be a Governor for each state.

Article 154: The executive power of the state shall be vested in the Governor and
shall be exercised by him either directly or through officers subordinate to him in
accordance with the constitution.
Article 155: The Governor is appointed by the President.
Article 156** The Governor holds office during the pleasure of the President.
Article 159: The Governor shall take an oath to faithfully execute the office and
to preserve, protect and defend the Constitution and the law.
Article 163: There shall be a Council of Ministers with the Chief Minister as the
head to aid and advice the Governor in the exercise of his functions, except in so
far as he is required to exercise his function in his discretion.

Article 164: The Council of Ministers are collectively responsible for to the
Legislative Assembly of the state

The Constitution has mentioned the discretionary powers to the Governor and not
to the President (hence they are derived)
MISCELLANEOUS:

•The Advocate General holds office during the pleasure of the Governor.
•The State Election Commissioner cannot be removed by the Governor.
He can be removed only in like manner and on the like grounds as a judge
of a High Court.

•The Chairman and the members of the state Public Service commission are
removed by the President and not by the governor.
THANK YOU