Governor, Chief Minister and State Legislature: Articles, Powers, Legislative Council and High Court for SSC Polity
Rahul Kumar
SSC Exam Expert & Content Editor
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The state government is built in the same way as the Union government. The questions in SSC cover the qualifications and powers of the Governor, the appointment of the Chief Minister, the composition of the state legislature and the High Courts. This guide on Governor, Chief Minister and state legislature for SSC gives all of these with articles in tables, with practice questions and FAQs.
Governor
| Aspect | Provision |
|---|---|
| Articles | 153 to 162 |
| Appointment (Art. 155) | By the President; not elected |
| Qualifications (Art. 157) | Citizen of India; at least 35 years of age; not a member of Parliament or a state legislature; not holding any office of profit |
| Term (Art. 156) | Five years, but holds office during the pleasure of the President |
| Oath | Administered by the Chief Justice of the High Court |
| Executive power (Art. 154) | The executive power of the state is vested in the Governor |
| Aid and advice (Art. 163) | The Governor acts on the advice of the Council of Ministers headed by the Chief Minister, except in matters where he has discretion |
| One Governor for two states | Allowed by the 7th Amendment (1956) |
| Power | Details |
|---|---|
| Appointing power | Appoints the Chief Minister (Art. 164) and other ministers on his advice; appoints the Advocate General (Art. 165) and members of the State Public Service Commission |
| Legislative power | Summons, prorogues the assembly and dissolves it (Art. 174); addresses the house; nominates 1 Anglo-Indian member (earlier; abolished in 2020); nominates 1/6 of the Legislative Council members; gives assent, withholds assent or reserves a bill for the President (Art. 200) |
| Ordinance (Art. 213) | Can issue ordinances when the legislature is not in session; the ordinance must be approved within six weeks of the reassembly of the legislature |
| Financial power | Money bills are introduced only with his prior recommendation; the Annual Financial Statement is placed before the legislature |
| Judicial power (Art. 161) | Can grant pardons, reprieves, respites and remissions for offences against the state laws; he cannot pardon a death sentence (only the President can) |
| Discretionary power | Reporting to the President for President’s Rule (Art. 356); reserving bills; inviting a party to form the government in a hung assembly |
Chief Minister and Council of Ministers
- The Governor appoints the Chief Minister (Art. 164), generally the leader of the majority party.
- The ministers are appointed by the Governor on the advice of the CM; they hold office during the pleasure of the Governor.
- The Council of Ministers is collectively responsible to the Legislative Assembly (Art. 164(2)).
- The 91st Amendment: the Council of Ministers cannot exceed 15% of the strength of the assembly, and there should be at least 12 ministers (including the CM).
- A person who is not a member of the legislature can be a minister for six months.
- The Chief Minister is the link between the Governor and the council (Art. 167).
- The first woman Chief Minister: Sucheta Kripalani (Uttar Pradesh, 1963).
State Legislature
| Feature | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Status | Lower house; directly elected | Upper house; indirectly elected; a permanent house (not dissolved) |
| Strength | Minimum 60 and maximum 500 (exceptions: Sikkim 32, Goa 40, Mizoram 40) | Maximum one third of the assembly; minimum 40 |
| Term | 5 years (can be dissolved earlier) | 6 years; one third retire every two years |
| Minimum age | 25 years | 30 years |
| Presiding officer | Speaker | Chairman |
| Constitutional articles | 168 to 177 | 168 to 177 (Art. 169 for creating or abolishing) |
- A state legislature is unicameral in most states; bicameral in six states: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh.
- Under Art. 169, Parliament can create or abolish a Legislative Council if the Legislative Assembly passes a resolution by a special majority.
- Composition of the Council: 1/3 elected by the MLAs, 1/3 by local bodies, 1/12 by graduates, 1/12 by teachers and 1/6 nominated by the Governor (persons with special knowledge in literature, science, art and social service).
- The Legislative Council has less power than the Rajya Sabha: it can only delay an ordinary bill by three months (first time) or one month (second time) and a money bill by 14 days.
- Money bills originate in the Legislative Assembly only.
- Disqualification of members on the ground of defection is under the Tenth Schedule; the Speaker decides.
High Courts
| Aspect | Provision |
|---|---|
| Articles | 214 to 231 |
| Number of High Courts | 25 |
| Judges | Appointed by the President in consultation with the Chief Justice of India, the Governor and the Chief Justice of the High Court |
| Retirement age | 62 years (Supreme Court judges: 65) |
| Removal | By Parliament by the same process as a Supreme Court judge, by a special majority and on grounds of proved misbehaviour or incapacity |
| Writ jurisdiction (Art. 226) | Wider than the Supreme Court; can issue writs for fundamental rights and also for other purposes |
| Oldest High Courts | Calcutta, Bombay and Madras (1862) |
| Largest bench | Allahabad High Court (Uttar Pradesh) |
| Superintendence (Art. 227) | Over all subordinate courts and tribunals in the state |
Tricks to Remember
- Governor: 35 years; Art. 155 (appointment), 156 (term), 161 (pardon), 213 (ordinance).
- Assembly: min 60, max 500; Council: max one-third, min 40.
- Six states have a Legislative Council: AP, Telangana, Bihar, Karnataka, Maharashtra, UP.
- HC judge retires at 62; SC judge at 65.
Quick Tips
- Memorise the qualifications and powers of the Governor.
- Remember the six states with a Legislative Council.
- Learn the articles 155, 156, 161, 164, 169 and 213.
- Remember the difference between the pardoning powers of the Governor and the President.
Quick Revision Points
- Governor is appointed by the President for five years.
- Art. 161: pardoning power; Art. 213: ordinance power.
- Chief Minister is appointed by the Governor.
- The Legislative Council is a permanent house; one third retire every two years.
- High Court judges retire at 62.
Practice Questions With Answers
- Who appoints the Governor?
Answer: The President - What is the minimum age of a Governor?
Answer: 35 years - Which article gives the Governor the power to issue ordinances?
Answer: Article 213 - Which article gives the Governor the power to pardon?
Answer: Article 161 - Who appoints the Chief Minister?
Answer: The Governor - What is the maximum size of the Legislative Council relative to the assembly?
Answer: One third - How many states have a Legislative Council?
Answer: Six - What is the retirement age of a High Court judge?
Answer: 62 years - Who administers the oath to the Governor?
Answer: The Chief Justice of the High Court - Which article deals with the creation or abolition of a Legislative Council?
Answer: Article 169
How to Practise This Chapter
Practise 10 questions every day and write the steps on paper. Then attempt timed sets from our practice papers and the previous year papers page. See all topics on the Indian Polity notes page, read the previous topic Prime Minister and Council of Ministers and the next topic Panchayati Raj and Urban Local Government.
Frequently Asked Questions
Who is the Governor of a state?
The constitutional head of the state, appointed by the President.
What is the term of the Governor?
Five years, at the pleasure of the President.
Can the Governor pardon a death sentence?
No. Only the President can.
What is Article 213?
The Governor’s power to issue ordinances.
Who appoints the Chief Minister?
The Governor.
What is the maximum number of ministers in a state?
15% of the assembly strength, with a minimum of 12.
What is the minimum age to be an MLA?
25 years.
What is the minimum age to be an MLC?
30 years.
Which states have a Legislative Council?
Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh.
How many High Courts are there in India?
25.
Is this topic asked in SSC?
Yes. State government is a regular topic in polity.
Who was the first woman Chief Minister of India?
Sucheta Kripalani of Uttar Pradesh.
Previous chapter
Prime Minister and Council of Ministers: Articles, Appointment, Powers, Collective Responsibility and Cabinet for SSC
Next chapter
Panchayati Raj and Urban Local Government: 73rd and 74th Amendments, Committees, Three-Tier System and Articles for SSC
Rahul Kumar
SSC Exam Expert & Content Editor
Rahul is a senior SSC exam strategist with 8+ years of experience helping aspirants crack CGL, CHSL and MTS exams. He writes in-depth notification breakdowns, exam pattern guides and preparation strategies.