State Government

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.

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.

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.

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.

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.

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.

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.

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.

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