Chief Minister & State Executive

The Chief Minister is the head of the State Council of Ministers and the real executive of the State, just as the Prime Minister is at the Centre.

• The Governor first appoints the leader of the majority party in the Legislative Assembly as Chief Minister, and then appoints the other ministers on the CM's advice.
• Resignation of the Chief Minister is submitted to the Governor.
• Removal is by a no-confidence motion passed by the Legislative Assembly.
• Minimum age to become Chief Minister = 25 years (same as the qualification for a member of the Legislative Assembly).
• Maximum term = 5 years, but the CM stays in office only as long as he/she enjoys the confidence of the Assembly.

• Article 163 — Council of Ministers to aid and advise the Governor.
• Article 164 — Appointment of the Chief Minister and the Council of Ministers; also lays down their collective responsibility.
• Article 167 — Duties of the Chief Minister towards the Governor (to communicate decisions of the Council of Ministers and furnish information).

• Sucheta Kripalani was the first woman Chief Minister of any Indian state (Uttar Pradesh).
• Pawan Kumar Chamling was the longest-serving Chief Minister — CM of Sikkim for more than 24 years.

The Council of Ministers, headed by the Chief Minister, carries on the real administration of the State; the Governor acts on its aid and advice except in a few discretionary matters.

• Article 164 — the Council of Ministers is collectively responsible to the Legislative Assembly (Vidhan Sabha) of the State.
• The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister, except in certain discretionary matters provided by the Constitution.

• The total number of ministers, including the Chief Minister, must not exceed 15% of the total strength of the Legislative Assembly (with a minimum of 12 ministers).
• This ceiling was added by the 91st Constitutional Amendment Act, 2003.

• The Governor is the constitutional head of the State, while the Chief Minister is the real executive head — the Council of Ministers is the engine of the State government.

The State Legislature can be unicameral (only a Legislative Assembly) or bicameral (a Legislative Assembly + a Legislative Council). States that are bicameral have a Vidhan Parishad (Legislative Council).

### State Legislative Assembly (Vidhan Sabha) Article 170

The Legislative Assembly is the popularly elected lower House of the State Legislature and the real centre of power.

• Legislative Assembly = Lower House; tenure = 5 years; minimum age = 25 years.
• Strength: more than 60 and not more than 500 members — exceptions are Goa (40) and Sikkim (32).
• Lowest number of seats in an SLA — Sikkim (32).
• Highest number of seats in an SLA — Uttar Pradesh (403).
• UTs with a Legislative Assembly — Delhi (70), Puducherry (30), Jammu & Kashmir (114 seats: 90 J&K + 24 PoK).
• During an emergency, the term of the Assembly can be extended by 1 year at a time (and not beyond 6 months after the emergency ends).
• Parliament has enacted Delimitation Commission Acts in 1952, 1962, 1972 and 2002.
• The Tenth Schedule (anti-defection) was inserted by the 52nd Amendment Act, 1985.

### State Legislative Council (Vidhan Parishad) Article 171

The Legislative Council is the permanent upper House found only in bicameral States; it acts as a revising chamber.

• Article 171 — Composition of the Legislative Council.
• Article 169 — Creation and abolition of Legislative Councils.
• To create or abolish a Council, the State Legislative Assembly passes a resolution by a 2/3 majority, and Parliament then passes it by a simple majority.
• Legislative Council = Upper House and a permanent body — 1/3 of its members retire every 2 years.
• Minimum age = 30 years; tenure = 6 years.
• Strength: not less than 40 members, and not more than 1/3 of the strength of the Legislative Assembly.
• States having a Legislative Council — Maharashtra, Karnataka, Andhra Pradesh, Telangana, Uttar Pradesh, Bihar.
• Tamil Nadu abolished its Legislative Council in 1986.
• MLCs cannot vote in the elections for the President and the Vice-President.

• 1/3 of the members — elected by local authorities' representatives (Gram Panchayats, Municipalities, Block Parishads, etc.).
• 1/3 of the members — elected by the MLAs.
• 1/12 of the members — elected by teachers.
• 1/12 of the members — elected by graduates of the State.
• 1/6 of the members — nominated by the Governor from the fields of science, art, literature, social service or the cooperative movement.
• The Council is a revising chamber — it reviews and suggests changes to bills passed by the Assembly; it can delay a money bill but cannot reject it.

The Advocate General is the first (highest) law officer of the State Government, the State-level counterpart of the Attorney General of India.

• Appointed by the Governor.
• Eligibility — the same qualifications as a judge of a High Court.
• No fixed tenure — holds office during the pleasure of the Governor.
• Can take part in the proceedings of the Legislative Assembly but cannot vote.
• His duty is to give legal advice to the State Government and perform other legal duties assigned by the Governor.

The State Executive and Legislature are built on the same template as the Union, so the offices map almost one-to-one.

• Prime Minister ↔ Chief Minister — real executive heads.
• Parliament ↔ State Legislature — Lok Sabha ↔ Vidhan Sabha, Rajya Sabha ↔ Vidhan Parishad.
• Attorney General (Article 76) ↔ Advocate General (Article 165) — chief law officers.