The State Executive is an important area of UPSC Prelims because questions often test:
The most important constitutional provisions are:
Articles 153–167
with additional provisions such as:
Articles 174, 177, 213, 256, 257, 258, 258A, 355, 356 and 365
Provides for:
Governor of a State
There shall be a Governor for each State.
The same person can also be appointed as Governor of two or more States.
Therefore:
One Governor → One State
is not an absolute rule.
The Governor is appointed by the:
President of India
The Governor is therefore:
Appointed, not elected.
A person must:
There is no requirement that the Governor must:
The Governor holds office during the:
Pleasure of the President
The normal term is:
Five years
but the Governor can continue beyond five years until a successor assumes office.
Therefore:
Five years ≠ Guaranteed tenure
The Governor resigns by addressing the resignation to the:
President
Therefore:
Appointment → President
Resignation → President
The Constitution does not provide a separate impeachment procedure for the Governor.
The Governor can be removed by the:
President
because the office is held during the President's pleasure.
The Governor takes the oath of office before the:
Chief Justice of the High Court
or, in their absence:
Senior-most available Judge of that Court.
The executive power of the State is vested in the:
Governor
However, the Governor normally exercises this power on the:
Aid and advice of the Council of Ministers
headed by the Chief Minister.
State executive power generally extends to matters on which the:
State Legislature has power to make laws.
However, constitutional limitations apply where Parliament and State Legislatures have overlapping legislative competence.
There shall be a:
Council of Ministers with the Chief Minister at the head
to aid and advise the Governor.
The Governor may exercise discretion only where:
Commonly discussed situations include:
The Governor's discretion is:
Constitutionally limited
It is not an unlimited personal power.
The Governor can grant:
in cases concerning offences against laws relating to matters within the State's executive power.
The Governor:
Cannot pardon a death sentence
but can:
Suspend, remit or commute a death sentence
| President | Governor |
|---|---|
| Article 72 | Article 161 |
| Can pardon death sentence | Cannot pardon death sentence |
| Wider military court power | No equivalent military court power |
| Wider Union executive domain | State executive domain |
The Governor is a component of the:
State Legislature
under the constitutional framework.
The Governor can:
The Governor can promulgate an Ordinance when:
State Legislature is not in session
and immediate action is considered necessary.
An Ordinance has the same force and effect as an Act of the Legislature, subject to constitutional limitations.
An Ordinance must be laid before the State Legislature.
It ceases to operate:
Six weeks after the reassembly of the Legislature
unless disapproved or otherwise ceases earlier.
The six-week period is counted from:
Reassembly of the Legislature
not from the date of promulgation.
The Governor:
A Money Bill in the State Legislature can be introduced only with the:
Governor's prior recommendation
The Governor appoints:
District Judges
in consultation with the High Court.
The Governor also has:
Article 161 pardoning power
The Governor does not appoint High Court Judges.
High Court Judges are appointed by the:
President of India
The Governor enjoys constitutional immunity from:
Being answerable to any court for the exercise and performance of official powers and duties
Criminal proceedings cannot be instituted or continued against the Governor during the term of office.
Civil proceedings for personal acts require:
Two months' prior notice
subject to constitutional conditions.
The Chief Minister is appointed by the:
Governor
In a normal majority situation, the leader of the majority party or coalition is generally appointed.
In a hung Assembly, the Governor has limited discretion in identifying the person most likely to command the confidence of the Assembly.
The Chief Minister is the:
Real political head of the State Government
The Chief Minister:
Article 167 lays down duties of the Chief Minister toward the Governor.
The Chief Minister must communicate:
The Chief Minister also provides information concerning State administration when required within the constitutional framework.
The Council of Ministers is collectively responsible to the:
Legislative Assembly
Not to:
The total number of Ministers, including the Chief Minister, cannot exceed:
15% of the total strength of the Legislative Assembly
and cannot be less than:
12 Ministers
The 15% ceiling applies to:
Entire Council of Ministers
not merely the Cabinet.
A person who is not a member of the State Legislature can remain a Minister for:
Six months
If the person does not become a member within six months:
They cease to be a Minister.
The:
Cabinet
is the smaller and more powerful inner body of the:
Council of Ministers
Therefore:
Cabinet ⊂ Council of Ministers
Every Cabinet Minister is a Minister, but every Minister is not necessarily a Cabinet Minister.
The Advocate General is the:
Highest Law Officer of the State
The Advocate General is appointed by the:
Governor
The Advocate General must be:
Qualified to be appointed as a High Court Judge
The relevant qualification includes:
The Constitution does not require the person to actually be a High Court Judge.
The Advocate General holds office during the:
Pleasure of the Governor
There is no fixed constitutional tenure.
The Advocate General can:
But:
No right to vote
The Advocate General is not automatically a member of the State Legislature.
| Advocate General | Attorney General |
|---|---|
| State | Union |
| Article 165 | Article 76 |
| Governor appoints | President appoints |
| High Court Judge qualification | Supreme Court Judge qualification |
| State Government adviser | Union Government adviser |
| Article 177 | Article 88 |
| State Legislature | Parliament |
| Governor | President |
|---|---|
| Appointed | Elected indirectly |
| President appoints Governor | Electoral College elects President |
| Article 155 | Article 54 |
Pleasure of President
Five-year term
The President is not removable merely because the Prime Minister or Council of Ministers withdraws political support.
Article 161.
Cannot pardon death sentence.
Article 72.
Can pardon death sentence.
This is a classic UPSC trap.
Article 123
Article 213
Both exercise Ordinance-making power when the respective Legislature is not in session.
Related to:
State Legislature
Related to:
Parliament
Both are constitutional components of their respective legislative systems.
A hung Assembly means:
No party or pre-poll alliance has a clear majority.
The Governor may need to determine whom to invite to form the government.
The objective is:
Who is most likely to command the confidence of the Assembly?
The ultimate test should generally be:
Floor Test
Where majority is disputed, the Governor should ordinarily facilitate a:
Floor Test
The Assembly floor is the constitutional forum for determining majority.
The Governor should not ordinarily determine majority solely through:
Typical order of preference in a hung Assembly is guided by constitutional conventions and judicial principles.
The central consideration is:
Ability to command majority
not merely:
Largest single party
Therefore, the largest party does not automatically have an absolute right to form the government.
The Governor cannot ordinarily dismiss a government that enjoys the confidence of the Legislative Assembly.
If majority is disputed:
Floor Test
is the preferred constitutional mechanism.
Article 356 deals with:
Failure of Constitutional Machinery in a State
President's Rule may be imposed when the President is satisfied that the State Government cannot be carried on in accordance with the Constitution.
The Governor may submit a report, but:
Governor's report ≠ Automatic President's Rule
Article 365 concerns:
Failure of a State to comply with Union directions
Such failure may be relevant to determining whether constitutional machinery has failed.
But:
Article 365 ≠ Automatic Article 356
Important Articles:
Article 162 → State executive power
Article 256 → Compliance with Union laws
Article 257 → Union control in certain matters
Article 258 → Union entrusts functions to State
Article 258A → State entrusts functions to Union
Union → State
President may entrust Union functions to a State with the State Government's consent.
State → Union
Governor may entrust State functions to the Union with the Government of India's consent.
Memory:
258 = Union gives
258A = State gives
Article 355 imposes a duty on the Union to:
It is an important provision in Centre-State relations.
President's Rule:
The Supreme Court's decision in:
S.R. Bommai v. Union of India
is a landmark judgment concerning:
A key principle is:
Majority should ordinarily be tested on the floor of the House.
Most executive functions are performed within the:
Aid and Advice framework
Certain situations may involve discretion, especially:
The Governor's discretion is:
Not unlimited
Statement:
"Governor is an agent of the Union Government."
Answer:
Incorrect
The Governor is a:
Constitutional authority
appointed by the President but bound by the Constitution.
Statement:
"Governor is directly elected by the people of the State."
Answer:
Incorrect
The Governor is:
Appointed by the President
Statement:
"Governor must be a resident of the State."
Answer:
Incorrect
The Constitution does not prescribe State residence as a qualification.
Statement:
"Governor must be a member of the State Legislature."
Answer:
Incorrect
The Governor is not required to be a legislator.
Statement:
"Governor has a guaranteed five-year tenure."
Answer:
Incorrect
The Governor holds office during the:
Pleasure of the President
Statement:
"Governor can pardon a death sentence."
Answer:
Incorrect
Governor can:
Suspend / Remit / Commute
a death sentence but cannot pardon it.
Statement:
"Council of Ministers is collectively responsible to Governor."
Answer:
Incorrect
It is collectively responsible to:
Legislative Assembly
Statement:
"15% ministerial ceiling applies only to Cabinet Ministers."
Answer:
Incorrect
It applies to:
Entire Council of Ministers
including Chief Minister.
Statement:
"Legislative Council can pass a no-confidence motion to remove the State Government."
Answer:
Incorrect
Collective responsibility is to the:
Legislative Assembly
Statement:
"Advocate General can vote in State Legislature."
Answer:
Incorrect
The Advocate General can:
Speak + Participate
but:
Cannot Vote
Statement:
"Advocate General is a High Court Judge."
Answer:
Incorrect
The Advocate General only needs to be:
Qualified to be appointed as a High Court Judge
Statement:
"Governor's Ordinance becomes permanent if Legislature does not reject it."
Answer:
Incorrect
It ceases to operate six weeks after reassembly of the Legislature unless it is otherwise terminated earlier.
Statement:
"Governor can promulgate an Ordinance whenever they consider it useful."
Answer:
Incorrect
The constitutional conditions under:
Article 213
must be satisfied.
Statement:
"Governor can dissolve the Council of Ministers."
Answer:
Incorrect
The Council of Ministers remains in office while it enjoys the confidence of the Legislative Assembly, subject to constitutional situations.
The Governor dissolves the:
Legislative Assembly
under the constitutional framework, not the Council of Ministers.
Statement:
"Governor appoints High Court Judges."
Answer:
Incorrect
High Court Judges are appointed by the:
President
Statement:
"Governor independently appoints District Judges."
Answer:
Incorrect
District Judges are appointed by the Governor in consultation with the:
High Court
Statement:
"President's Rule permanently abolishes the State Government."
Answer:
Incorrect
President's Rule is an exceptional and temporary constitutional mechanism.
Statement:
"Any failure to follow Union directions automatically results in President's Rule."
Answer:
Incorrect
Article 365 may provide a basis for considering constitutional machinery failure, but Article 356 requires the constitutional conditions to be satisfied.
Statement:
"State Executive is completely independent of Union Executive."
Answer:
Incorrect
Articles 256, 257 and related provisions establish important Union-State executive relationships.
Statement:
"Cabinet and Council of Ministers are constitutionally identical."
Answer:
Incorrect
Cabinet = Smaller inner body
Council of Ministers = Wider body
| Article | Key Point |
|---|---|
| 153 | Governor |
| 154 | State executive power |
| 155 | Governor appointment |
| 156 | Governor tenure |
| 157 | Governor qualifications |
| 158 | Conditions of office |
| 159 | Governor oath |
| 161 | Governor's pardoning power |
| 162 | State executive power extent |
| 163 | Aid and advice |
| 164 | State Ministers |
| 164(2) | Collective responsibility |
| 164(1A) | 15% ministerial ceiling |
| 164(4) | Six-month rule |
| 165 | Advocate General |
| 166 | State government business |
| 167 | Chief Minister's duties |
| 174 | State Legislature sessions |
| 177 | Rights of Ministers and Advocate General |
| 213 | Governor's Ordinance |
| 256 | Union laws and State compliance |
| 257 | Union control in certain matters |
| 258 | Union → State functions |
| 258A | State → Union functions |
| 263 | Inter-State Council |
| 355 | Union duty toward States |
| 356 | Constitutional machinery failure |
| 365 | Failure to comply with Union directions |
Remember these:
35 years → Governor's minimum age
5 years → Normal Governor term
15% → Maximum Council size
12 → Minimum Council size
6 months → Non-legislator Minister
6 weeks → Ordinance after Legislature reassembles
10 years → Advocate General's relevant judicial/advocacy experience
155 → Appointment
156 → Term
157 → Qualification
159 → Oath
161 → Pardon
163 → Aid and Advice
164 → Ministers
164(2) → Collective Responsibility
165 → Advocate General
177 → Legislative participation
213 → Governor
256 → Compliance
257 → Union Control
258 → Union → State
258A → State → Union
355 → Union Duty
356 → President's Rule
365 → Non-compliance
| Feature | Governor | President |
|---|---|---|
| Appointment/Election | Appointed by President | Indirectly elected |
| Article | 155 | 54 |
| Minimum age | 35 | 35 |
| Normal term | 5 years | 5 years |
| Tenure | President's pleasure | Fixed constitutional term |
| Resignation | President | Vice-President |
| Pardoning Article | 161 | 72 |
| Death sentence pardon | No | Yes |
| Ordinance | 213 | 123 |
| Legislature | State Legislature | Parliament |
| Constitutional head | State | Union |
STATE EXECUTIVE
Governor
↓
Article 153
↓
Constitutional Head
↓
Appointed by President
↓
Article 155
Chief Minister
↓
Article 164
↓
Political Head
↓
Heads Council
Council of Ministers
↓
Article 163
↓
Aid + Advice
↓
Article 164(2)
↓
Collectively Responsible to Assembly
Cabinet
↓
Inner Core of Council
Advocate General
↓
Article 165
↓
Highest Law Officer
↓
Article 177
↓
Speak + Participate − Vote
Governor's Pardon
↓
Article 161
Governor's Ordinance
↓
Article 213
State Executive Power
↓
Article 162
Centre-State Relations
↓
256 → Compliance
257 → Union Control
258 → Union → State
258A → State → Union
355 → Union Duty
356 → President's Rule
365 → Non-compliance
74. Ultimate Prelims Strategy
For State Executive questions, first identify the:
Article
Then identify:
Authority
Then identify:
Nature of Power
Then identify:
Limitation
For example:
Article 161
→ Governor
→ Pardoning power
→ State executive domain
→ Cannot pardon death sentence
This approach helps eliminate incorrect options quickly.
75. Final Takeaway
The highest-yield State Executive facts for UPSC Prelims are:
Governor → Appointed by President
Governor → 35 years minimum
Governor → President's pleasure
Governor → Article 161 pardon
Governor cannot pardon death sentence
Article 163 → Aid and Advice
Article 164(2) → Collective Responsibility to Assembly
15% → Council of Ministers
12 → Minimum Ministers
6 months → Non-member Minister
Article 165 → Advocate General
Article 177 → Speak and participate, no vote
Article 213 → Governor's Ordinance
Article 256 → Union laws and directions
Article 257 → Union control in specified matters
Article 258 → Union → State
Article 258A → State → Union
Article 355 → Union duty
Article 356 → President's Rule
Article 365 → Failure to comply with Union directions
S.R. Bommai → Floor test + Judicial review + Federalism
The core Prelims principle is:
Governor is the constitutional head, Chief Minister and Council form the real political executive, and all State executive power remains subject to the Constitution, legislative accountability and judicial review.