State Legislature (Vidhan Sabha and Vidhan Parishad)
›Articles 168–212 (Part VI) govern state legislatures
›6 bicameral states (2019): AP, Telangana, UP, Bihar, Maharashtra, Karnataka
›J&K Legislative Council abolished 2019
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The State Legislature is the legislative organ of the state government. Articles 168–212 in Part VI of the Constitution deal with organisation, composition, duration, officers, procedures, privileges, and powers of state legislatures.
**Structure:** Most states have unicameral legislatures; only 6 states (as of 2019) have bicameral. Bicameral states: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. J&K Legislative Council was abolished by J&K Reorganisation Act 2019. The Legislative Council in Andhra Pradesh was revived by the Andhra Pradesh Legislative Council Act, 2005. The Tamil Nadu Legislative Council Act, 2010 has not come into force.
In unicameral states: Governor + Legislative Assembly. In bicameral states: Governor + Legislative Council (Vidhan Parishad) + Legislative Assembly (Vidhan Sabha). The Legislative Council is the upper house (second chamber/house of elders); the Legislative Assembly is the lower house (first chamber/popular house).
Parliament can abolish or create Legislative Councils if the state Legislative Assembly passes a resolution by special majority (majority of total membership AND 2/3 of members present and voting). This is NOT deemed a constitutional amendment under Article 368, but is passed like an ordinary piece of legislation (by simple majority).
### Vidhan Sabha (Legislative Assembly):
**Composition:**
- Directly elected by people on universal adult franchise
- Maximum strength: 500; minimum: 60 (with exceptions — Arunachal Pradesh, Sikkim, Goa: 30; Mizoram: 40; Nagaland: 46)
- Governor can nominate 1 Anglo-Indian member if community is under-represented (extended to 2020 by 95th Amendment 2009)
- Reservations for SCs and STs based on population ratios (extended to 2020 by 95th Amendment 2009)
- Delimitation freezes: 42nd Amendment 1976 froze constituencies till 2000 at 1971 level; 84th Amendment 2001 extended freeze to 2026; 87th Amendment 2003 provided for delimitation on basis of 2001 census (not 1991 census)
**Duration:**
- Normal term: 5 years from first meeting after general elections
- Can be dissolved by Governor before 5 years
- Can be extended during National Emergency: Parliament extends by 1 year at a time; cannot extend beyond 6 months after emergency ceases
### Vidhan Parishad (Legislative Council):
**Composition:**
- Indirectly elected; maximum: 1/3 of total Assembly strength; minimum: 40 members
- 5/6 elected, 1/6 nominated by Governor (persons with special knowledge/experience in literature, science, art, cooperative movement, social service)
- Of the 5/6 elected:
- 1/3 elected by members of local bodies (municipalities, district boards, etc.)
- 1/12 elected by graduates of 3 years standing residing in state
- 1/12 elected by teachers of 3 years standing (not below secondary level)
- 1/3 elected by members of Legislative Assembly from among non-members of Assembly
- Elections by proportional representation with single transferable vote
- The bona fide or propriety of the governor's nomination in any case cannot be challenged in the courts
**Duration:**
- Permanent body — not subject to dissolution
- 1/3 of members retire every 2nd year; members serve 6-year terms
- Rotating membership like Rajya Sabha
All key facts
›Articles 168–212 (Part VI) govern state legislatures
›6 bicameral states (2019): AP, Telangana, UP, Bihar, Maharashtra, Karnataka
›J&K Legislative Council abolished 2019
›Tamil Nadu Legislative Council Act 2010 not yet in force
›Vidhan Sabha maximum: 500; minimum: 60 (lower in small states)
›Vidhan Parishad: 1/3 of Assembly strength (max); minimum 40 seats
›1/6 of Vidhan Parishad nominated by Governor (persons with special knowledge)
›Duration of Assembly: 5 years; extendable in National Emergency
›Vidhan Parishad: permanent body; members serve 6 years
›Anglo-Indian nomination: 1 seat (Governor); SC/ST reservations: by population ratio
›42nd Amendment 1976: constituency freeze till 2000; 84th Amendment 2001: extended to 2026
›87th Amendment 2003: delimitation on basis of 2001 census instead of 1991 census
›
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreambleuniversal adult franchise
Privileges of State Legislature
›Members must take an oath or affirmation before the governor or authorized person to become eligible for privileges and immunities of the state legislature
›In the oath, members swear to bear true faith and allegiance to the Constitution of India, uphold sovereignty and integrity of India, and faithfully discharge duties of office
›Unless a member takes the oath, they cannot vote, participate in proceedings, or become eligible to privileges and immunities
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The privileges of state legislature refer to the special rights, immunities, and exemptions granted to members and officers of state legislative bodies to enable them to perform their constitutional duties effectively. These privileges are constitutionally protected and ensure that members can participate freely in legislative proceedings without fear of legal action or external pressure.
Members of a state legislature gain eligibility to privileges and immunities only after taking the prescribed oath or affirmation before the governor or an authorized person. This oath requires members to bear true faith and allegiance to the Constitution of India, uphold the sovereignty and integrity of India, and faithfully discharge their official duties. Until a member completes this oath-taking process, they remain ineligible for the privileges and immunities of the state legislature, cannot vote, and cannot participate in House proceedings.
The framework governing state legislative privileges parallels that of the Parliament, though specific details may vary. These protections enable members to speak, vote, and act in the legislature without interference, forming a cornerstone of democratic functioning at the state level.
All key facts
›Members must take an oath or affirmation before the governor or authorized person to become eligible for privileges and immunities of the state legislature
›In the oath, members swear to bear true faith and allegiance to the Constitution of India, uphold sovereignty and integrity of India, and faithfully discharge duties of office
›Unless a member takes the oath, they cannot vote, participate in proceedings, or become eligible to privileges and immunities
›A person is liable to a penalty of ₹500 for each day they sit or vote as a member before taking the prescribed oath or affirmation
›Ministers and the advocate general of the state have the right to speak and take part in proceedings of either House or any committee without being entitled to vote
›A minister can participate in proceedings of a House of which they are not a member
›A minister who is not a member of either House can participate in proceedings of both Houses
Legislative Procedure in State Legislature
›An ordinary bill can originate in either house of a bicameral state legislature and can be introduced by either a minister or any other member.
›Ordinary bills pass through three stages in both the originating house and the second house: first reading, second reading, and third reading.
›When a bill originating in the legislative assembly is transmitted to the legislative council, the council has four alternatives: pass it without amendments, pass it with amendments, reject it altogether, or take no action.
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Legislative procedure in state legislatures refers to the formal processes and stages through which bills must pass before becoming law in a state. The procedure applies differently depending on whether the state has a unicameral (single-house) or bicameral (two-house) legislature. In unicameral legislatures, bills pass through three readings in the legislative assembly and are then sent to the governor for assent. In bicameral legislatures, bills must pass through all three readings in both the legislative assembly and the legislative council before being presented to the governor. The Constitution provides special procedures for ordinary bills and money bills, with distinct powers granted to each house. A key feature of state legislature procedure is that the legislative assembly holds ultimate authority in case of disagreement between the two houses—the council can delay or detain bills but cannot finally block them. This differs significantly from Parliament, where the two houses have more balanced powers in resolving disagreements.
All key facts
›An ordinary bill can originate in either house of a bicameral state legislature and can be introduced by either a minister or any other member.
›Ordinary bills pass through three stages in both the originating house and the second house: first reading, second reading, and third reading.
›When a bill originating in the legislative assembly is transmitted to the legislative council, the council has four alternatives: pass it without amendments, pass it with amendments, reject it altogether, or take no action.
›If the council rejects a bill or passes it with unacceptable amendments or does not take action for three months, the assembly may pass the bill again and transmit it to the council.
›If the council rejects the bill again, proposes unacceptable amendments, or does not pass the bill within one month of the second transmission, the bill is deemed passed by both houses in the form it was passed by the assembly for the second time.
›The legislative council can detain or delay an ordinary bill for a maximum of four months—three months on first consideration and one month on second consideration.
›A Money Bill cannot be introduced in the legislative council; it can only be introduced in the legislative assembly and only on the recommendation of the governor.
›Only a minister can introduce a Money Bill; private members cannot introduce them.
›The legislative council cannot reject or amend a Money Bill; it can only make recommendations and must return the bill within 14 days.
›If the legislative council does not return a Money Bill within 14 days, the bill is deemed passed by both houses in the form originally passed by the legislative assembly.
state legislature organizationlegislative councillegislative assemblylegislative procedure
Presiding Officers of State Legislature
›Each House of the state legislature has its own presiding officer. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The legislative assembly has a Speaker and a Deputy Speaker. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The legislative council has a Chairman and a Deputy Chairman. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
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Each House of the state legislature has its own presiding officer. For the legislative assembly, there is a Speaker and a Deputy Speaker, while for the legislative council, there is a Chairman and a Deputy Chairman. These officers are elected by the respective House from its members. A panel of chairmen is also appointed for the assembly, and a panel of vice-chairmen for the council.
The Speaker of the assembly maintains order, interprets constitutional provisions and rules, and decides if a bill is a Money Bill. The Chairman of the council has similar powers to the Speaker, except for declaring a bill as a Money Bill. Both the Speaker and Chairman can only exercise a casting vote in case of a tie. They can be removed by a resolution passed by a majority of all then-members of the respective House, after giving 14 days' advance notice. Salaries and allowances of these officers are fixed by the state legislature and charged on the Consolidated Fund of the State, meaning they are not subject to annual vote.
All key facts
›Each House of the state legislature has its own presiding officer. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The legislative assembly has a Speaker and a Deputy Speaker. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The legislative council has a Chairman and a Deputy Chairman. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›A panel of chairman for the assembly and a panel of vice-chairman for the council is also appointed. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker is elected by the assembly itself from amongst its members. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker usually remains in office during the life of the assembly. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›A Speaker vacates office if they cease to be a member of the assembly, resign to the deputy speaker, or are removed by a majority resolution of all then-members after 14 days' notice. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker maintains order and decorum in the assembly, and has final power in this regard. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker is the final interpreter of the Constitution, rules of procedure, and legislative precedents within the assembly. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker decides whether a bill is a Money Bill, and this decision is final. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker decides questions of a member's disqualification on the ground of defection under the Tenth Schedule. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Speaker appoints chairmen of all assembly committees and is the chairman of the Business Advisory Committee, Rules Committee, and General Purpose Committee. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Deputy Speaker is also elected by the assembly from its members after the Speaker's election. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Deputy Speaker performs Speaker's duties when the office is vacant or the Speaker is absent. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Chairman of the council is elected by the council from its members. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The Chairman's powers and functions in the council are similar to the Speaker's in the assembly, except the Chairman does not have the special power to decide if a bill is a Money Bill. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›The salaries and allowances of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman are fixed by the state legislature. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
›These salaries and allowances are charged on the Consolidated Fund of the State and are not subject to the annual vote of the state legislature. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch33-state-legislature.md
Chief Minister
›Articles 163, 164, 166, 167, 177 govern CM's position
›The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
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In the parliamentary system established by the Constitution, the Governor is the nominal executive (de jure) and the Chief Minister is the real executive (de facto). The CM is head of government; the Governor is head of state. The CM's position at state level is analogous to the Prime Minister at the Centre.
**Appointment:** Article 164 says the CM shall be appointed by the Governor — but by convention, the Governor appoints the leader of the majority party in the Legislative Assembly. If no party has a clear majority, the Governor exercises personal discretion — typically appointing leader of largest party/coalition and asking them to prove majority within one month. The Constitution does not specify a procedure for selection of the Chief Minister. The Governor can also appoint a person as CM first and then ask them to prove their majority within a reasonable period. If the Chief Minister in office dies suddenly and there is no obvious successor, the Governor may exercise individual judgement in the selection and appointment of the Chief Minister. However, on the death of a Chief Minister, the ruling party usually elects a new leader and the Governor has no choice but to appoint him as Chief Minister.
A non-member of the legislature can be appointed CM for 6 months, within which time they must be elected to the legislature — else they cease to be CM.
The CM can be from either House of the state legislature (though convention favors the Legislative Assembly). A member of the Legislative Council has been CM in several states historically.
**Term:** No fixed term — holds office during the Governor's pleasure. However, the Governor cannot dismiss a CM as long as they command majority in the Assembly (S.R. Bommai v. Union of India, 1994). The CM must resign or can be dismissed only if they lose the confidence of the Assembly.
### Powers:
**In relation to Council of Ministers:**
- Governor appoints only persons recommended by CM
- CM allocates and reshuffles portfolios
- CM can ask a minister to resign or advise Governor to dismiss
- CM presides over Cabinet meetings
- CM guides, directs, controls and coordinates the activities of all ministers.
- CM's resignation/death automatically dissolves entire Council (other ministers' resignation only creates a vacancy)
**In relation to the Governor:**
- CM is principal channel of communication between Governor and Council
- Duties under Article 167: communicate all Council decisions to Governor; furnish information as requested; if Governor requires, submit any minister's decision for Council's consideration
- Advises Governor on important appointments (Advocate General, SPSC Chairman, State Election Commissioner, etc.)
**In relation to State Legislature:**
- Advises Governor on summoning/proroguing sessions
- Can recommend dissolution of Legislative Assembly
- Announces government policies on floor of the House
**Other functions:**
- Chairman of State Planning Board
- Vice-chairman of concerned Zonal Council (by rotation, 1 year)
- Member of Inter-State Council and Governing Council of NITI Aayog
- Chief spokesman of state government
- Crisis manager-in-chief at the political level during emergencies.
- Leader of the state, meeting various sections of people and receiving memoranda.
- Political head of the services.
All key facts
›Articles 163, 164, 166, 167, 177 govern CM's position
›The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
›When no party has a clear majority, the Governor may exercise personal discretion and usually appoints the leader of the largest party or coalition, asking them to seek a vote of confidence within a month.
›The Governor may exercise individual judgement if the Chief Minister in office dies suddenly and there is no obvious successor.
›However, on the death of a Chief Minister, the ruling party usually elects a new leader and the Governor has no choice but to appoint him as Chief Minister.
›A Governor can appoint a person as Chief Minister first and then demand that they prove their majority in the legislative assembly within a reasonable period.
›Non-member can be CM for 6 months (must then win election)
›CM can be from Legislative Council (though not convention)
›S.R. Bommai v. Union of India (1994): CM cannot be dismissed without floor test
›The term of the Chief Minister is not fixed.
›CM's death/resignation dissolves entire Council; another minister's does not
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblecabinet committees
State Council of Ministers
›Articles 163, 164, 166, 167, 177 govern State Council of Ministers
›91st Amendment 2003: ministers cap at 15% of Assembly strength; minimum 12
›91st Amendment 2003: defected member cannot be appointed minister
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The State Council of Ministers headed by the Chief Minister is the real executive authority in a state's politico-administrative system. The constitutional framework is provided primarily by Articles 163 and 164, with supporting provisions in Articles 166, 167, and 177.
**Article 163:** Council with CM as head to aid and advise the Governor, except in matters of the Governor's discretion. If any question arises whether a matter falls within the Governor's discretion, the Governor's decision is final. Advice tendered by ministers to the Governor cannot be inquired into in any court.
**Article 164:** CM appointed by Governor; other ministers appointed on CM's advice. States requiring tribal welfare minister: Chhattisgarh, Jharkhand, Madhya Pradesh, and Odisha (Bihar removed by 94th Amendment 2006). Size cap added by 91st Amendment 2003: total ministers (including CM) cannot exceed 15% of total strength of Legislative Assembly, but minimum must be 12. A member disqualified for defection also cannot be appointed as minister (91st Amendment 2003). Ministers hold office during Governor's pleasure. Collective responsibility to Legislative Assembly. Governor administers oaths of office and secrecy.
**Composition:** Three categories — Cabinet Ministers, Ministers of State (independent or attached), Deputy Ministers. Cabinet is the nucleus (only Cabinet Ministers). Note: the term 'ministry' is used only at Centre — states use 'department'.
**Collective Responsibility:** All ministers own joint responsibility for all acts of omission and commission. They swim or sink together. No-confidence motion against Council → all ministers resign including those from Legislative Council. Alternatively, Council can advise Governor to dissolve Assembly.
**Individual Responsibility:** Governor can remove a minister at CM's advice (even when Council has confidence of Assembly).
**No Legal Responsibility:** Unlike in some countries, no provision for legal responsibility of state ministers. Courts cannot enquire into advice rendered to Governor.
**Nature of Advice:** 1971 SC ruling: Council of Ministers must always exist to advise Governor — even after Assembly dissolution or after resignation (existing ministry continues until successor). 1974 SC: Governor must act on aid and advice of Council of Ministers except in discretionary matters.
All key facts
›Articles 163, 164, 166, 167, 177 govern State Council of Ministers
›91st Amendment 2003: ministers cap at 15% of Assembly strength; minimum 12
›91st Amendment 2003: defected member cannot be appointed minister
›94th Amendment 2006: removed Bihar from tribal welfare minister obligation; added Chhattisgarh, Jharkhand
›Three categories: Cabinet Ministers, Ministers of State, Deputy Ministers
›State uses 'department', not 'ministry' (ministry term is for Centre only)
›Collective responsibility to Legislative Assembly (not to both Houses)
›No-confidence motion → all ministers including Legislative Council members must resign
›Advice to Governor cannot be inquired into by courts (Article 163)
›1971 SC: Council must exist even after Assembly dissolution
›1974 SC: Governor acts on ministerial advice except in discretionary matters
›A person not a member of the Parliament can be appointed as a minister, but must become a member of either House within six consecutive months to continue as minister
›A minister who is a member of one House of Parliament has the right to speak and take part in the proceedings of the other House, but can vote only in the House of which he is a member
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblecabinet committees
Membership of State Legislature
›**Citizenship requirement:** A person must be a citizen of India to be chosen as a member of the state legislature.
›**Age qualification (Council):** A person must be not less than 30 years of age to be a member of the legislative council.
›**Age qualification (Assembly):** A person must be not less than 25 years of age to be a member of the legislative assembly.
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Membership of state legislatures is governed by constitutional qualifications and disqualifications laid down in Articles 168–212 of Part VI of the Constitution, with additional provisions specified by Parliament in the Representation of the People Act, 1951. The Constitution establishes distinct eligibility criteria for the two Houses (Assembly and Council) where applicable, reflecting their different electoral bases and purposes. Members must satisfy basic requirements of citizenship, age, and oath-taking, while simultaneously being barred from specified categories of disqualification including office of profit, unsound mind, insolvency, and electoral misconduct. The framework also includes provisions for vacation of seat under circumstances such as double membership, resignation, prolonged absence, or disqualification on grounds of defection. These membership rules ensure that state legislatures comprise qualified representatives who uphold constitutional duties and maintain legislative integrity.
All key facts
›**Citizenship requirement:** A person must be a citizen of India to be chosen as a member of the state legislature.
›**Age qualification (Council):** A person must be not less than 30 years of age to be a member of the legislative council.
›**Age qualification (Assembly):** A person must be not less than 25 years of age to be a member of the legislative assembly.
›**Oath requirement:** Every member must make and subscribe an oath or affirmation before the governor or person appointed for this purpose, swearing to bear true faith and allegiance to the Constitution, uphold the sovereignty and integrity of India, and faithfully discharge the duty of office.
›**Elector requirement (Assembly):** A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
›**Elector requirement (Council):** A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state; to be qualified for the governor's nomination, he must be a resident in the concerned state.
›**Disqualification — office of profit:** A person is disqualified if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by state legislature).
›**Disqualification — mental unsoundness:** A person is disqualified if he is of unsound mind and stands so declared by a court.
›**Disqualification — insolvency:** A person is disqualified if he is an undischarged insolvent.
›**Disqualification — foreign allegiance:** A person is disqualified 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.
›**Disqualification — election offences:** A person must not have been found guilty of certain election offences or corrupt practices in the elections.
›**Disqualification — criminal conviction:** A person must not have been convicted for any offence resulting in imprisonment for two or more years (preventive detention is not a disqualification).
›**Disqualification — election expenses:** A person must not have failed to lodge an account of his election expenses within the time.
›**Disqualification — government contracts:** A person must not have any interest in government contracts, works or services.
›**Disqualification — corporate office:** A person must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
›**Disqualification — government service dismissal:** A person must not have been dismissed from government service for corruption or disloyalty to the state.
›**Disqualification — promoting enmity and bribery:** A person must not have been convicted for promoting enmity between different groups or for the offence of bribery.
›**Disqualification — social crimes:** A person must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.
›**Disqualification decision authority:** On the question whether a member has become subject to disqualifications, the governor's decision is final; however, he should obtain the opinion of the Election Commission and act accordingly.
›**Disqualification on ground of defection:** A person shall be disqualified for being a member if disqualified on grounds of defection under the Tenth Schedule; this question is decided by the Chairman (council) or Speaker (assembly), not by the governor, and is subject to judicial review as per 1992 Supreme Court ruling.
›**Penalty for sitting without oath:** A person is liable to a penalty of ₹500 for each day he sits or votes as a member when he has not taken the prescribed oath, knows he is not qualified or is disqualified, or is prohibited from sitting by law.
›**Vacation — double membership:** A person cannot be a member of both Houses of state legislature at one and the same time; if elected to both, one seat falls vacant as per state legislature law.
›**Vacation — disqualification:** If a member becomes subject to any disqualification, his seat becomes vacant.
›**Vacation — resignation:** A member may resign his seat by writing to the Chairman (council) or Speaker (assembly); the seat falls vacant when resignation is accepted.
›**Vacation — prolonged absence:** A House can declare the seat of a member vacant if he absents himself from all its meetings for a period of sixty days without its permission.
›**Vacation — other grounds:** A member must vacate his seat if his election is declared void by court, if he is expelled by the House, if he is elected to the office of President or Vice-President, or if he is appointed to the office of governor of a state.
›**Salaries and allowances:** Members of a state legislature are entitled to receive salaries and allowances as determined by the state legislature from time to time.
Relationship with the Governor
›Articles 163–167 (Part VI) establish the constitutional framework for Governor-Chief Minister relationship
›Governor is nominal executive (de jure); Chief Minister is real executive (de facto)
›Governor is head of state; Chief Minister is head of government
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The relationship between the Governor and the Chief Minister lies at the heart of state-level parliamentary governance in India. The Governor is the nominal (de jure) executive head of the state, while the Chief Minister is the real (de facto) executive head who leads the government. This dual structure mirrors the Centre's President-Prime Minister relationship. The Constitutional framework, particularly Articles 163, 164, and 167, defines their interdependent yet hierarchical relationship.
The Governor appoints the Chief Minister, typically the leader of the majority party in the state legislative assembly, but exercises discretion when no party has a clear majority. The Chief Minister, in turn, aids and advises the Governor in all executive and legislative matters except where the Governor acts in his constitutionally recognized discretion. The Council of Ministers is collectively responsible to the legislative assembly, not to the Governor, reinforcing parliamentary accountability.
The relationship operates under a balance: the Governor holds formal constitutional authority (appointment, dismissal "at pleasure," receipt of ministerial advice), while the Chief Minister exercises real executive power (forming ministry, controlling ministers, directing policy). However, per S.R. Bommai v. Union of India (1994), the Chief Minister cannot be dismissed by the Governor merely at pleasure—dismissal requires loss of majority in the legislature. This ruling elevated the Chief Minister's position while constraining arbitrary gubernatorial action.
The Chief Minister functions as the principal channel of communication between the Governor and the Council of Ministers. He must communicate all Cabinet decisions to the Governor, furnish information on state administration and proposed legislation when called upon, and submit disputed ministerial decisions for full Cabinet consideration if the Governor requires. This transparency mechanism ensures the Governor remains informed while respecting the separation between nominal and real executive authority.
The discretionary powers available to the Governor—appointment of CM in hung legislatures, dismissal of governments that lose majority, dissolution of the assembly—remain significant constraints on the Chief Minister's position. Yet within a functioning majority, the Chief Minister's authority is nearly absolute, making the relationship fundamentally contingent on legislative strength rather than gubernatorial will.
All key facts
›Articles 163–167 (Part VI) establish the constitutional framework for Governor-Chief Minister relationship
›Governor is nominal executive (de jure); Chief Minister is real executive (de facto)
›Governor is head of state; Chief Minister is head of government
›Chief Minister appointed by Governor, typically leader of majority party in state legislative assembly
›When no party has clear majority, Governor exercises personal discretion in appointing Chief Minister; usually appoints leader of largest party or coalition and asks for vote of confidence within a month
›Chief Minister must prove majority in legislative assembly; Constitution does not require proof before appointment—Governor may appoint first, then ask for confidence vote within reasonable period
›A non-legislator can be appointed as Chief Minister for six months, within which period they must be elected to the state legislature or cease to be Chief Minister
›Chief Minister may be member of either House of state legislature; usually from Lower House (Legislative Assembly), but occasionally from Upper House (Legislative Council)
›Chief Minister's term not fixed; holds office during pleasure of Governor, BUT cannot be dismissed as long as he enjoys majority support in legislative assembly
›If Chief Minister loses confidence of assembly, he must resign or Governor can dismiss him
›S.R. Bommai v. Union of India (1994): Chief Minister cannot be dismissed by Governor without opportunity to prove majority in legislative assembly
chief ministergovernorstate council of ministersstate legislaturepresident prime minister relationships r bommai case
Oath, Term and Salary
›The governor administers the oaths of office and secrecy to the Chief Minister before they enter office.
›In the oath of office, the Chief Minister swears to bear true faith and allegiance to the Constitution of India, uphold its sovereignty and integrity, faithfully discharge duties, and do right to all without fear, favour, affection, or ill-will.
›In the oath of secrecy, the Chief Minister swears not to communicate or reveal matters known to them as a state minister, except as required for duty.
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Before assuming office, the Chief Minister (CM) must take oaths of office and secrecy, administered by the governor. The oath of office involves pledging true faith and allegiance to the Indian Constitution, upholding India's sovereignty and integrity, faithfully discharging duties, and doing right to all without bias. The oath of secrecy entails not communicating or revealing confidential matters known through their role as a state minister, unless required for duty.
The Chief Minister's term is not fixed and they hold office during the pleasure of the governor. However, the governor cannot dismiss a Chief Minister arbitrarily as long as the CM retains the support of the majority in the legislative assembly. If the Chief Minister loses confidence of the assembly, they must resign, or the governor can dismiss them. The state legislature determines the Chief Minister's salary and allowances, which typically include a sumptuary allowance, free accommodation, travelling allowance, and medical facilities, in addition to those received as a member of the state legislature.
All key facts
›The governor administers the oaths of office and secrecy to the Chief Minister before they enter office.
›In the oath of office, the Chief Minister swears to bear true faith and allegiance to the Constitution of India, uphold its sovereignty and integrity, faithfully discharge duties, and do right to all without fear, favour, affection, or ill-will.
›In the oath of secrecy, the Chief Minister swears not to communicate or reveal matters known to them as a state minister, except as required for duty.
›The term of the Chief Minister is not fixed and they hold office during the pleasure of the governor.
›A Chief Minister cannot be dismissed by the governor as long as they enjoy majority support in the legislative assembly.
›If the Chief Minister loses the confidence of the assembly, they must resign or face dismissal by the governor.
›The state legislature determines the salary and allowances of the Chief Minister.
›In addition to normal legislative member benefits, the Chief Minister receives a sumptuary allowance, free accommodation, travelling allowance, and medical facilities.
Special Constitutional Provisions for Specific States (Articles 371–371J)
›Part XXI: "Temporary, Transitional and Special Provisions"
›Nagaland and Mizoram: Parliamentary laws on customary practices don't apply without state assembly's decision
+ 45 facts · tap to read
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Articles 371 to 371-J in Part XXI of the Constitution contain special provisions for 12 states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka. These provisions were added by subsequent constitutional amendments to: (a) meet aspirations of backward regions, (b) protect tribal cultural and economic interests, (c) deal with law and order situations, (d) protect interests of local people. The intention behind them is to meet the aspirations of the people of backward regions of the states or to protect the cultural and economic interests of the tribal people of the states or to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.
Note: Part XXI is titled 'Temporary, Transitional and Special Provisions'.
### State-by-State Special Provisions:
**Maharashtra and Gujarat (Article 371):**
- 7th CA 1956 + Bombay Reorganisation Act 1960
- President authorises Governors of both states to have special responsibility for:
- Separate development boards for Vidarbha, Marathwada, rest of Maharashtra; and Saurashtra, Kutch, rest of Gujarat
- Annual report on boards placed before state assembly
- Equitable allocation of development funds
- Adequate facilities for technical/vocational education and employment opportunities in state services
**Nagaland (Article 371-A):**
- Added by 13th CA 1962
- Parliamentary laws on the following do NOT apply to Nagaland unless state assembly decides: (i) religious/social practices of Nagas; (ii) Naga customary law; (iii) civil and criminal justice under Naga customary law; (iv) ownership/transfer of land and resources
- Governor has special responsibility for law and order (so long as internal disturbances by hostile Nagas continue) — acts in individual judgement after consulting Council of Ministers. This special responsibility of the Governor shall cease when the President so directs
- Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly
- Regional council for Tuensang district: 35 members
- Deputy Commissioner of the Tuensang district is the ex-officio Chairman of the regional council and the Vice-Chairman is elected by the members of the council from amongst themselves
- Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances; the procedure and conduct of business of the council; the appointment of officers and staff of the council and their service conditions; and any other matter relating to the constitution and proper functioning of the council
- For 10 years from formation: Tuensang district administered by Governor in his discretion; Nagaland legislature laws don't apply unless directed by Governor; separate Minister for Tuensang in state cabinet
- Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council
- Governor can make Regulations for the peace, progress and good government of the Tuensang district
**Assam (Article 371-B):**
- Added by 22nd CA 1969
- President may provide for a committee of the Assam Legislative Assembly consisting of members elected from the Tribal Areas (Sixth Schedule areas: North Cachar Hills District, Karbi Anglong District and Bodoland Territorial Areas District) and such other members as he may specify
**Manipur (Article 371-C):**
- Added by 27th CA 1971
- President may provide for a committee of Manipur Assembly from Hill Areas members
- President can also direct that the Governor shall have special responsibility to secure the proper functioning of that committee
- Governor submits annual report to President on Hill Areas administration
- The Central Government can give directions to the State Government as to the administration of the Hill Areas
- In this Article, the expression 'Hill Areas' means such areas as the President may, by order, declare to be Hill Areas
**Andhra Pradesh and Telangana (Articles 371-D and 371-E):**
- Added by 32nd CA 1973; Article 371-D extended to Telangana by AP Reorganisation Act 2014
- President can require equitable opportunities in employment and education for different parts of the state
- Can set up civil posts in local cadres; specify local areas for educational admissions
- Can provide for an Administrative Tribunal in the state for service disputes (outside purview of HC). The tribunal is to function outside the purview of the state High Court. No court (other than the Supreme Court) is to exercise any jurisdiction in respect of any matter subject to the jurisdiction of the tribunal. The President may abolish the tribunal when he is satisfied that its continued existence is not necessary
- Article 371-E: Parliament can establish a Central University in Andhra Pradesh
**Sikkim (Article 371-F):**
- Added by 36th CA 1975 (Sikkim's statehood)
- Legislative Assembly: not less than 30 members
- One Lok Sabha seat; Sikkim forms one parliamentary constituency
- For the purpose of protecting the rights and interests of the different sections of the Sikkim population, the Parliament is empowered to provide for the: (i) number of seats in the Sikkim Legislative Assembly which may be filled by candidates belonging to such sections; and (ii) delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for election to the Assembly
- Governor has special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of the different sections of the Sikkim population; acts in discretion subject to Presidential directions
- President can extend any Indian law to Sikkim
**Mizoram (Article 371-G):**
- Added by 53rd CA 1986
- Parliamentary laws on following don't apply unless Mizoram assembly decides: (i) religious/social practices of Mizos; (ii) Mizo customary law and procedure; (iii) civil/criminal justice under Mizo customary law; (iv) ownership/transfer of land
- Legislature: not less than 40 members
**Arunachal Pradesh (Article 371-H):**
- Added by 55th CA 1986
- Governor has special responsibility for law and order; acts in individual judgement after consulting Council of Ministers. This special responsibility of the Governor shall cease when the President so directs
- Legislature: not less than 30 members
**Goa (Article 371-I):**
- Added by 56th CA 1987
- Legislature: not less than 30 members
**Karnataka (Article 371-J):**
- Added by 98th CA 2012
- President authorises Governor to have special responsibility for:
- Separate development board for Hyderabad-Karnataka region (6 backward districts: Gulbarga, Bidar, Raichur, Koppal, Yadgir, Bellary)
- Annual report on board placed before state assembly
- Equitable allocation of funds
- Reservation in educational/vocational institutions for students from region
- Reservation in state government posts for persons from region
- The special provisions aim to establish an institutional mechanism for equitable allocation of funds to meet the development needs over the region, as well as to enhance human resources and promote employment from the region by providing for local cadres in service and reservation in educational and vocational training institutions
All key facts
›Part XXI: "Temporary, Transitional and Special Provisions"
›Nagaland and Mizoram: Parliamentary laws on customary practices don't apply without state assembly's decision
›Nagaland: 35-member regional council for Tuensang district
›Sikkim: minimum 30 MLAs; 1 Lok Sabha seat (unique — added by 36th CA 1975)
›Mizoram: minimum 40 MLAs
›Arunachal Pradesh and Goa: minimum 30 MLAs
›Karnataka: 98th CA 2012 — Hyderabad-Karnataka region (6 backward districts)
›Andhra Pradesh: Administrative Tribunal set up by Andhra Pradesh Administrative Tribunal Order 1975
›Article 371-E: Central University to be established in Andhra Pradesh
›Article 371-D was extended to Telangana by the Andhra Pradesh Reorganisation Act, 2014
›Prior to 2019, the legislature of the erstwhile state of Jammu and Kashmir was empowered to define permanent residents and confer special rights, based on Article 35-A, which was inserted by "The Constitution (Application to Jammu and Kashmir) Order, 1954."
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borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblearticle 368 amendment procedure
Parliament can readjust and rationalise territorial constituencies without altering total number of seats
›The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh, but a notification for its creation has not been made by the President.
›The actual strength of a Legislative Council is fixed by Parliament, within the constitutional maximum and minimum limits.
›A legislative assembly's normal term is five years from its first meeting after general elections.
›The Legislative Council is a continuing chamber, and one-third of its members retire every second year.
›Qualifications for State Legislature membership include being a citizen of India, taking an oath, being at least 30 years old for the Council or 25 for the Assembly, and possessing other qualifications prescribed by Parliament (e.g., elector for an assembly constituency in the state).
›Disqualifications for membership include holding an office of profit, unsound mind, undischarged insolvent, not being a citizen of India, or being disqualified under law made by Parliament (e.g., election offenses, conviction for 2+ years imprisonment, interest in government contracts).
›Disqualification on the ground of defection under the Tenth Schedule is decided by the Chairman (Council) or Speaker (Assembly), and this decision is subject to judicial review.
›Every member must take an oath before the Governor or authorized person, swearing true faith to the Constitution, upholding sovereignty and integrity, and faithfully discharging duty.
›A penalty of ₹500 per day is imposed for sitting or voting without taking the oath, or while disqualified or prohibited.
›Salaries and allowances of members are determined by the state legislature.
›Grounds for vacation of seats include double membership, disqualification, resignation, absence for 60 days without permission, election declared void, expulsion, or holding office of President, Vice-President, or Governor.
›The Speaker of the Assembly is elected from among its members and maintains order, interprets the Constitution and rules, and can allow secret sittings.
›The Speaker decides whether a bill is a Money Bill, and this decision is final.
›The Speaker is the chairman of the Business Advisory Committee, Rules Committee, and General Purpose Committee.
›The Deputy Speaker performs the Speaker's duties when the office is vacant or the Speaker is absent.
›The Chairman of the Council has powers similar to the Speaker in the Assembly, but cannot decide if a bill is a Money Bill.
›Salaries and allowances of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman are charged on the Consolidated Fund of the State and are not subject to annual vote.
›The Governor summons each House of the state legislature, and the maximum gap between two sessions cannot exceed six months.
›Adjournment, including adjournment sine die, is done by the presiding officer.
›Prorogation is done by the Governor, and it terminates a session of the House.
›Only the Legislative Assembly is subject to dissolution; the Legislative Council is a permanent body.
›Bills pending in the Assembly lapse upon dissolution, as do bills passed by the Assembly but pending in the Council, and bills pending in the Council but not passed by the Assembly if originating in the Assembly.
›Bills passed by both Houses but pending Governor's or President's assent, or returned by the President for reconsideration, do not lapse upon dissolution.
›The quorum for a state legislature meeting is ten members or one-tenth of the total membership, whichever is greater.
›Matters are decided by a majority of members present and voting, excluding the presiding officer, except for specific matters like removal of presiding officers which require a special majority.
›The presiding officer does not vote in the first instance but has a casting vote in case of a tie.
›Official languages of the state, Hindi, or English can be used for business; the presiding officer can permit mother-tongue use.
›Every minister and the Advocate General have the right to speak and participate in either House or its committees, without the right to vote.
›An ordinary bill can originate in either House of a bicameral legislature and goes through three readings.
›A bill is deemed passed only when both Houses agree to it.
›When an ordinary bill is transmitted to the Legislative Council, it can pass it, amend it, reject it, or keep it pending.
›If the Assembly passes a bill a second time after the Council's inaction or disagreement, and the Council takes no action or rejects it again, the bill is deemed passed after four months (three months in first instance, one month in second).
›The ultimate power of passing an ordinary bill is vested in the Assembly; the Council can only delay it.
›There is no provision for a joint sitting of the two Houses of the state legislature to resolve disagreements over a bill.
›A bill originating in the Council and rejected by the Assembly ends and becomes dead.
›The Governo
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The legislative assembly can either accept or reject all or any of the recommendations made by the legislative council on a Money Bill.
›When an ordinary bill is passed by both houses, it is presented to the governor for his assent. The governor has four alternatives: give assent, withhold assent, return the bill for reconsideration, or reserve it for presidential consideration.
›If the governor returns a bill for reconsideration and it is passed again by the house or houses with or without amendments, the governor must give his assent—the governor enjoys only a suspensive veto.
›When the governor reserves a bill for presidential consideration, the President may give assent, withhold assent, or return it for reconsideration within six months.
›The Constitution does not provide for a joint sitting of both houses of a state legislature to resolve disagreements over bills, unlike Parliament.
›When a bill originates in the legislative council and is rejected by the legislative assembly, the bill ends and becomes dead.
›For a Money Bill, the governor cannot return it for reconsideration; he can only give assent, withhold assent, or reserve it for presidential consideration.
›When a Money Bill is reserved for presidential consideration, the President can only give or withhold assent but cannot return it for reconsideration of the state legislature.
›CM guides, directs, controls and coordinates the activities of all the ministers.
›Article 167: CM's constitutional duty to communicate decisions to Governor
›CM advises the governor with regard to the appointment of important officials like advocate general, chairman and members of the state public service commission, state election commissioner, and so on.
›CM is Chairman of State Planning Board
›CM is Vice-Chairman of concerned Zonal Council by rotation (Home Minister chairs all Zonal Councils)
›CM is a member of the Inter-State Council and the Governing Council of NITI Aayog.
›CM is the chief spokesman of the state government.
›CM is the crisis manager-in-chief at the political level during emergencies.
›CM is the political head of the services.
›The salary and allowances of the Chief Minister are determined by the state legislature.
›The Chief Minister also receives a sumptuary allowance, free accommodation, travelling allowance, and medical facilities.
›Before entering office, the CM takes oaths of office and secrecy administered by the Governor.
›In the oath of office, the CM swears to bear true faith and allegiance to the Constitution, uphold India's sovereignty and integrity, faithfully discharge duties, and do right to all in accordance with the Constitution and law.
›In the oath of secrecy, the CM swears not to reveal matters brought under consideration or known to them as a state minister, unless required for duty discharge.
›CM presides over the meetings of the council of ministers and influences its decisions.
›CM can bring about the collapse of the council of ministers by resigning from office.
›CM can recommend the dissolution of the legislative assembly to the governor at any time.
›As a leader of the state, the CM meets various sections of the people and receives memoranda from them regarding their problems.
›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.
›Article 163 establishes that there shall be a council of ministers with the Chief Minister as the head to aid and advise the governor on the exercise of his functions, except in so far as he is required to exercise his functions or any of them in his discretion.
›Article 164(a) provides that 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.
›Article 164(b) states that ministers shall hold office during the pleasure of the governor.
›Article 164(c) establishes that the council of ministers shall be collectively responsible to the legislative assembly of the state.
›Article 166 deals with the conduct of business of the Government of a State.
›Article 177 deals with the rights of Ministers as respects the Houses.
›The salaries and allowances of ministers are determined by Parliament
›The Supreme Court upheld the validity of the oath taken by Devi Lal as Deputy Prime Minister in 1990, stating that such a designation is descriptive and does not confer special powers
›The salaries and allowances of ministers are typically those payable to a Member of Parliament, along with additional benefits like sumptuary allowance, free accommodation, travelling allowance, and medical facilities
›The Prime Minister can ask a minister to resign or advise the President to dismiss him in case of difference of opinion or dissatisfaction with performance
›Dr. B.R. Ambedkar stated that "Collective responsibility can be achieved only through the instrumentality of the Prime Minister," who has the authority to nominate and dismiss ministers
›Before a minister enters office, the President administers to him the oaths of office and secrecy
›In the oath of office, a minister swears to bear true faith and allegiance to the Constitution, uphold India's sovereignty and integrity, faithfully discharge duties, and do right to all in accordance with the Constitution and law
›In the oath of secrecy, a minister swears not to communicate or reveal any matter brought under consideration or known to him as a Union minister, except as required for duty
›The Salaries and Allowances of Ministers Act, 1952 defines a 'minister'
›The sumptuary allowance for the Prime Minister was raised from ₹1,500 to ₹3,000 per month in 2001
›Sumptuary allowance for a cabinet minister was raised from ₹1,000 to ₹2,000 per month in 2001
›Sumptuary allowance for a minister of state was raised from ₹500 to ₹1,000 per month in 2001
›Sumptuary allowance for a deputy minister was raised from ₹300 to ₹600 per month in 2001
›Cabinet ministers head important ministries and play a key role in policy decisions
›Ministers of State can have independent charge of ministries/departments or can be attached to cabinet ministers, working under their supervision
›Deputy ministers are attached to cabinet or ministers of state and assist them, but do not have independent charge
›Parliamentary secretaries are also part of the council of ministers, assisting senior ministers in parliamentary duties, but no appointments since 1967 (except during Rajiv Gandhi Government's first phase)
›Deputy Prime Ministers can be appointed for political reasons
›The Cabinet is a smaller body (15-20 ministers) consisting only of Cabinet ministers, unlike the Council of Ministers which is a wider body (60-70 ministers)
›Unlike the Council of Ministers, the Cabinet meets frequently as a body to deliberate and make decisions for government business
›The functions of the Council of Ministers are determined by the Cabinet
›The Cabinet exercises the powers of the Council of Ministers in practice
›The Cabinet supervises the implementation of its decisions by the Council of Ministers
›The Council of Ministers is a constitutional body (Articles 74 and 75), with its size and classification determined by the Prime Minister and conventions
›The term 'Cabinet' was inserted into Article 352 in 1978 by the 44th Constitutional Amendment Act, defining it as 'the council consisting of the prime minister and other ministers of cabinet rank appointed under Article 75'
›The Cabinet enforces the collective responsibility of the council of ministers to the Lower House of Parliament
›The 'Kitchen Cabinet' or 'Inner Cabinet' is an informal, extra-constitutional body consisting of the Prime Minister and two to four influential colleagues, along with potential outsiders like friends and family members
›The Kitchen Cabinet is an efficient decision-making body due to its small size, ability to meet more often, and helps maintain secrecy in important political issues
›Drawbacks of the Kitchen Cabinet include reducing the authority of the formal Cabinet and circumventing legal processes by involving outsiders
›The Council of Ministers, headed by the Prime Minister, is the real executive authority in India's politico-administrative system
›Articles 74 and 75 of the Constitution broadly deal with the parliamentary system of government, with Article 74 defining the status of the council of ministers and Article 75 covering appointment, tenure, responsibility, qualification, oath, salaries, and allowances
›Article 74(1) states there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice, though the President may require reconsideration of the advice
›Article 74(2) specifies that the advice tendered by Ministers to the President cannot be inquired into in any court
›Article 75 (2) states that the total number of ministers, includi
›Chief Minister takes oath of office and oath of secrecy administered by Governor before entering office
›In oath of office, Chief Minister swears to: bear true faith and allegiance to Constitution of India; uphold sovereignty and integrity of India; faithfully discharge duties of office; do right to all manner of people in accordance with Constitution and law, without fear or favour, affection or ill-will
›In oath of secrecy, Chief Minister swears not to directly or indirectly communicate or reveal to any person any matter brought under consideration as state minister except as required for due discharge of duties
›Chief Minister's salary and allowances determined by state legislature; includes sumptuary allowance, free accommodation, travelling allowance, medical facilities
›Chief Minister is principal channel of communication between Governor and Council of Ministers
›Chief Minister duty: communicate to Governor all decisions of Council of Ministers relating to state administration and proposals for legislation
›Chief Minister duty: furnish information relating to state administration and proposals for legislation as Governor may call for
›Chief Minister duty: if Governor requires, submit for Council consideration any matter decided by minister but not considered by Council
›Chief Minister advises Governor regarding appointment of important officials: advocate general, chairman and members of state public service commission, state election commissioner
›Chief Minister advises Governor regarding summoning and proroguing of sessions of state legislature
›Chief Minister can recommend dissolution of legislative assembly to Governor at any time
›Chief Minister power: Governor appoints only those persons as ministers recommended by Chief Minister
›Chief Minister power: allocates and reshuffles portfolios among ministers
›Chief Minister power: can ask minister to resign or advise Governor to dismiss minister in case of difference of opinion
›Chief Minister power: presides over meetings of Council of Ministers and influences its decisions
›Chief Minister power: guides, directs, controls and coordinates activities of all ministers
›Chief Minister power: resignation or death automatically dissolves Council of Ministers (unlike resignation of other ministers which merely creates vacancy)
›Chief Minister power: can bring about collapse of Council by resigning
›Chief Minister power: announces government policies on floor of House
›Chief Minister is chairman of State Planning Board
›Chief Minister acts as vice-chairman of concerned zonal council by rotation, holding office for one year at a time
›Chief Minister is member of Inter-State Council and Governing Council of NITI Aayog, both headed by Prime Minister
›Chief Minister is chief spokesman of state government
›Chief Minister is crisis manager-in-chief at political level during emergencies
›Chief Minister as leader of state meets various sections of people and receives memoranda regarding their problems
›Chief Minister is political head of services
›Discretionary powers enjoyed by Governor reduce to some extent the power, authority, influence, prestige and role of Chief Minister in state administration
›Article 163: Council of Ministers with Chief Minister as head to aid and advise Governor on exercise of functions, except where Governor required to exercise functions in discretion
›Article 164(a): Chief Minister appointed by Governor; other ministers appointed by Governor on advice of Chief Minister
›Article 164(b): Ministers hold office during pleasure of Governor
›Article 164(c): Council of Ministers collectively responsible to legislative assembly of state
›Article 167: Outlines duties of Chief Minister regarding furnishing information to Governor
›Constitution contains no specific procedure for selection and appointment of Chief Minister beyond Article 164 statement that "Chief Minister shall be appointed by Governor"
›Conventions of parliamentary system govern Chief Minister appointment: Governor must appoint leader of majority party unless no clear majority exists
›On death of Chief Minister, ruling party usually elects new leader and Governor has no choice but to appoint them
Article 35-A of the Constitution of India was superseded in 2019 by "The Constitution (Application to Jammu and Kashmir) Order, 2019," abolishing the special status of the erstwhile state of Jammu and Kashmir
›The Public Employment (Requirement as to Residence) Act, 1957, authorised residential qualification only for appointment to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur, and Tripura
›The Public Employment (Requirement as to Residence) Act, 1957, expired in 1974, meaning there is no longer such a provision for any state except Andhra Pradesh and Telangana
›Originally, the constitution did not make any special provisions for these states, and they were incorporated by various subsequent amendments made in the context of reorganisation of the states or conferment of statehood on the Union Territories
›For Nagaland, the Governor has to ensure that money provided by the Central Government for specific purposes is included in the demand for a grant related to that purpose
›For Nagaland, the regional council for Tuensang district makes rules for its composition, choosing members, qualifications, term, salaries, allowances, and conduct of business
›In Tuensang district, members in the Nagaland Legislative Assembly are not elected directly by the people but by the regional council
›The validity of anything done by the Governor of Nagaland in exercise of individual judgement for law and order cannot be questioned
›For Manipur, the President can direct the Central Government to give directions to the State Government regarding the administration of the Hill Areas
›For Sikkim, Parliament is empowered to provide for the number of seats in the Legislative Assembly and delimitation of constituencies for different sections
›For Arunachal Pradesh, the special responsibility of the Governor for law and order shall cease when the President so directs
›The Hyderabad-Karnataka region for Article 371-J includes the six backward districts of Gulbarga, Bidar, Raichur, Koppal, Yadgir, and Bellary
›Article 371-J was inserted by the 98th Constitutional Amendment Act of 2012 and aims to establish an institutional mechanism for equitable allocation of funds, enhance human resources, and promote employment
›The 7th Constitutional Amendment Act of 1956 and the Bombay Reorganisation Act of 1960 amended Article 371 for Maharashtra and Gujarat
›Andhra Pradesh was taken out of Article 371 by the 32nd Constitutional Amendment Act of 1973
›The 13th Constitutional Amendment Act of 1962 added Article 371-A for Nagaland
›The Deputy Commissioner of the Tuensang district is the ex-officio Chairman of the regional council, and the Vice-Chairman is elected by the members
›The 22nd Constitutional Amendment Act of 1969 added Article 371-B for Assam
›The "Hill Areas" of Manipur are such areas as the President may declare
›Articles 371-D and 371-E were added by the 32nd Constitutional Amendment Act of 1973
›The 53rd Constitutional Amendment Act of 1986 added Article 371-G for Mizoram
›The 55th Constitutional Amendment Act of 1986 added Article 371-H for Arunachal Pradesh
›The 56th Constitutional Amendment Act of 1987 added Article 371-I for Goa
›The 97th Constitutional Amendment Act of 2011 conferred constitutional status and protection to co-operative societies
›The 97th Amendment made the right to form co-operative societies a Fundamental Right under Article 19(1)(c)
›The 97th Amendment included a new Directive Principle of State Policy on the promotion of co-operative societies in Article 43-B
›The 97th Amendment added a new Part IX-B to the Constitution, titled "The Co-operative Societies" (Articles 243-ZH to 243-ZT)
›Maximum number of directors on the board of a co-operative society shall not exceed twenty-one
›State legislature shall provide for reservation of one seat for SC/ST and two seats for women on the board of every co-operative society with members from such categories
›The term of office for elected members of the board and its office bearers is five years from the date of election
›Co-opted members on the board, having experience in fields like banking or management, should not exceed two, in addition to the twenty-one directors
›Co-opted members do not have the right to vote in elections or be eligible as office bearers
›Functional directors are members of the board and are excluded for counting the total number of twenty-one directors
›Elections for a co-operative society's board must be conducted before the expiry of the incumbent board's term
›Superintendence, direction, and control of electoral rolls and elections for co-operative societies vest in a body provided by the state legislature
›A board shall not be superseded or suspended for more than six months, except in the case of co-operative banks (other than multi-state co-operative banks),