Just as the Union has a President, Prime Minister and Council of Ministers, every Indian state mirrors this structure at the state level. The Governor is the nominal head, the Chief Minister the real executive, and the State Council of Ministers the engine of governance. For CDS, this chapter is a reliable scorer — questions are factual, Article-based and rarely change.
Why this topic matters for CDS
The state executive is one of the most predictable scoring areas in CDS Polity. The Constitution devotes Articles 153 to 167 (Part VI) to the state executive, and the questions drawn from it are direct: who appoints the Governor, what is the Governor's term, which powers are discretionary, and how the Chief Minister is chosen.
Unlike economy or current affairs, these facts are fixed. Once you memorise the Article numbers and the chain of appointment, you can answer almost any variation. The Cavalier's classroom data shows that 1–2 marks from this chapter appear in nearly every CDS GS paper.
The state executive consists of the Governor, the Chief Minister, the Council of Ministers and the Advocate-General of the State. There is no Vice-Governor — do not confuse it with the Union setup.
The Governor: the constitutional head of a state
Under Article 153, there shall be a Governor for each state. The 7th Constitutional Amendment Act, 1956, allows the same person to be appointed Governor of two or more states. The Governor is the chief executive head of the state, but like the President at the Union level, this is largely a nominal or titular role — real power rests with the Council of Ministers headed by the Chief Minister.
The Governor holds a dual role: as the constitutional head of the state and, importantly, as an agent of the Centre. This dual character is why the Governor's office is frequently debated, and why CDS often tests the appointment and discretionary aspects.
Article 153 — Governor for each state.
Article 154 — executive power of the state vested in the Governor.
Article 155 — appointment of Governor.
Article 156 — term of office.
Appointment, qualifications and conditions of office
The Governor is not elected, either directly or indirectly. Under Article 155, the Governor is appointed by the President by warrant under his hand and seal. The Governor is thus a nominee of the Central government, which is the root of much friction in Centre–State relations.
Qualifications (Article 157)
- Must be a citizen of India.
- Must have completed 35 years of age.
Conditions of office (Article 158)
- Must not be a member of either House of Parliament or of a State Legislature; if so, the seat is vacated on entering office.
- Must not hold any other office of profit.
- Entitled to official residence (Raj Bhavan) without rent, plus emoluments and allowances fixed by Parliament.
Two healthy conventions (not constitutional requirements) are followed: the Governor should be an outsider (not belonging to the state) and the Chief Minister should be consulted before appointment. Questions sometimes ask whether these are constitutional — they are not, they are conventions.
Term, oath and removal of the Governor
Under Article 156, the Governor holds office during the pleasure of the President. The normal term is 5 years, but because of the 'pleasure' doctrine, there is no fixed security of tenure — the President (effectively the Union Council of Ministers) can remove the Governor at any time, and no grounds need be specified.
The Governor can also resign by writing to the President. A Governor whose term has expired continues in office until the successor takes charge. The oath of office is administered by the Chief Justice of the High Court of that state (or, in absence, the senior-most judge available).
The Governor is not impeached. Only the President of India is removed by impeachment. The Governor simply holds office during the President's pleasure — there is no formal removal procedure laid down in the Constitution.
Executive powers of the Governor
Under Article 154, all executive action of the state government is taken in the Governor's name. Key executive powers include:
- Appoints the Chief Minister, and other ministers on the CM's advice.
- Appoints the Advocate-General of the state and fixes their remuneration.
- Appoints the State Election Commissioner, the Chairman and members of the State Public Service Commission (though they can be removed only by the President).
- Acts as the Chancellor of state universities and appoints the Vice-Chancellors.
- Can recommend President's Rule (Article 356) in the state to the President.
When President's Rule is in force, the Governor administers the state on behalf of the President as the Centre's agent — this is the Governor's most politically significant function.
Legislative, financial and judicial powers
Legislative powers
- Summons, prorogues and can dissolve the State Legislative Assembly.
- Addresses the legislature and sends messages.
- Nominates one member from the Anglo-Indian community (historically) and, where a Legislative Council exists, nominates 1/6 of its members with special knowledge of literature, science, art, cooperative movement and social service.
- A bill passed by the legislature becomes law only after the Governor's assent. The Governor may assent, withhold assent, return a non-money bill for reconsideration, or reserve the bill for the President's consideration (Article 200).
- Issues Ordinances (Article 213) when the legislature is not in session.
Financial powers
- Money bills can be introduced in the legislature only with the Governor's prior recommendation.
- Causes the Annual Financial Statement (state budget) to be laid before the legislature.
- Controls the Contingency Fund of the State.
Judicial powers
- Grants pardons, reprieves, respites and remissions of punishment under Article 161 — but cannot pardon a death sentence and has no power over court-martial sentences.
- Is consulted by the President in the appointment of High Court judges.
Discretionary powers of the Governor
Unlike the President, the Governor enjoys constitutional discretion in certain situations — a favourite CDS area. Under Article 163, where the Governor is required to act in his discretion, his decision is final and cannot be questioned.
Constitutional discretion
- Reserving a bill for the President's consideration.
- Recommending President's Rule in the state.
- Functioning as administrator of an adjoining Union Territory (if given additional charge).
- Seeking information from the Chief Minister about state administration.
Situational (political) discretion
- Appointing the Chief Minister when no party has a clear majority (a hung assembly).
- Dismissing the Council of Ministers when it cannot prove confidence.
- Dissolving the Assembly if the Council has lost majority.
The President has no constitutional discretion; the Governor does. This single contrast is one of the most repeated comparison questions in CDS. Lock it in.
The Chief Minister: the real head of the state
Under Article 164, the Chief Minister is appointed by the Governor. Normally the leader of the majority party in the Legislative Assembly is invited. In a hung assembly, the Governor uses discretion but the appointee must prove a majority on the floor of the House within a stipulated time.
The Constitution lays down no qualifications specific to the office — a person who is not a member of the legislature can be appointed Chief Minister, but must get elected within six months, failing which they cease to hold office.
Functions of the Chief Minister
- Recommends the persons to be appointed as ministers; allocates and reshuffles portfolios.
- Acts as the chief link between the Governor and the Council of Ministers (Article 167).
- Advises the Governor on summoning and proroguing the legislature.
- Leads the government, the legislature and the ruling party.
Article 164 — appointment of CM and ministers; ministers hold office during the pleasure of the Governor; the Council of Ministers is collectively responsible to the Legislative Assembly.
State Council of Ministers and Article 167
Article 163 states there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor, except where the Governor acts in his discretion. So, in normal functioning, the Governor is bound by the advice of the Council.
The 91st Amendment Act, 2003 fixed the total number of ministers (including the CM) in a state at a maximum of 15% of the total strength of the Legislative Assembly, subject to a minimum of 12 ministers.
Article 167 — duties of the Chief Minister
- To communicate to the Governor all decisions of the Council relating to administration and legislative proposals.
- To furnish information the Governor calls for.
- To submit for the Council's consideration any matter decided by a minister but not considered by the Council, if the Governor so requires.
The principle of collective responsibility means the entire ministry stands or falls together — if the Assembly passes a no-confidence motion, the whole Council of Ministers, including the CM, must resign.
Worked example: tracing the appointment chain
In a state with a 200-member Legislative Assembly, a party wins 110 seats. Trace, using Article numbers, who appoints whom and the maximum size of the Council of Ministers.
This single chain — President to Governor to Chief Minister to Council — answers the majority of structural questions on the state executive.
Common mistakes and confusions to avoid
Thinking the Governor is elected. The Governor is appointed by the President (Article 155). Only the President of India is indirectly elected.
- Governor's term is 5 years but held during the President's pleasure — there is no guaranteed tenure.
- The Governor cannot pardon a death sentence (only the President can under Article 72); the Governor's pardon power is Article 161.
- The minimum age to be Governor is 35 years (same as President), not 25 or 30.
- A non-legislator can become Chief Minister but must get elected within 6 months.
- The Council of Ministers is collectively responsible to the Legislative Assembly, not the Council or the Governor.
Previous-year question and quick recap
Q. Which one of the following statements about the Governor of a State is correct?
(a) The Governor is elected by the State Legislative Assembly.
(b) The Governor holds office for a fixed term of five years and cannot be removed earlier.
(c) The Governor is appointed by the President and holds office during the pleasure of the President.
(d) The Governor must be at least 25 years of age.
Answer: (c). Under Article 155, the Governor is appointed by the President, and under Article 156, holds office during the President's pleasure. The term is normally 5 years but is not guaranteed; the minimum age is 35.
- Part VI, Articles 153–167 govern the state executive.
- Governor: appointed by President (Art 155), age 35+, term 5 years during President's pleasure (Art 156).
- Executive power vested in the Governor (Art 154); pardon power under Art 161 (no death-sentence pardon).
- Governor has constitutional discretion (unlike the President): reserving bills, recommending President's Rule.
- CM appointed under Art 164; Council collectively responsible to the Assembly; max ministers = 15% of Assembly (91st Amendment).
- Art 167 lists the CM's duties as the link between the Governor and the Council.
Frequently asked questions
How is the Governor of a state appointed?
Under Article 155, the Governor is appointed by the President of India by warrant under his hand and seal. The Governor is neither directly nor indirectly elected, and is effectively a nominee of the Central government.
What is the term of office of a Governor?
Under Article 156, the Governor's normal term is 5 years, but he holds office during the pleasure of the President. This means there is no guaranteed security of tenure and the Governor can be removed at any time without grounds being specified.
How does the Governor's discretion differ from the President's?
The Governor enjoys constitutional discretion under Article 163 in matters like reserving a bill for the President or recommending President's Rule. The President of India, by contrast, has no such constitutional discretion and acts on the aid and advice of the Union Council of Ministers.
Can a person who is not a member of the legislature become Chief Minister?
Yes. A non-legislator can be appointed Chief Minister under Article 164, but he must get elected to the State Legislature within six months, failing which he ceases to hold the office.
What is the maximum size of the State Council of Ministers?
Under the 91st Amendment Act, 2003, the total number of ministers including the Chief Minister cannot exceed 15% of the total strength of the State Legislative Assembly, subject to a minimum of 12 ministers.
Can the Governor pardon a death sentence?
No. Under Article 161 the Governor can grant pardons, reprieves, respites and remissions, but cannot pardon a death sentence and has no power over court-martial sentences. Only the President, under Article 72, can pardon a death sentence.
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