POLITY LECTURE

STATE
LEGISLATURE
DR SIDHARTH ARORA
SIDLIVE
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STATE LEGISLATURE
BICAMERALISM IS 'MANDATORY' AT THE LEVEL OF THE UNION- IT IS 'OPTIONAL' AT THE LEVEL OF
THE STATES
A 'CHOICE' WAS GIVEN TO THE STATES TO OPT FOR
UNICAMERAL /BICAMERAL LEGISLATURE
UNICAMERAL STATES WILL HAVE 1 HOUSE-VS
BICAMERAL STATES WILL HAVE 2 HOUSES- VS AND VP
NOT EVERYONE IS BICAMERAL

Andhra Pradesh, Maharashtra, Karnataka, Telangana,

Bihar, and Uttar Pradesh
PARLIAMENT MAY BY LAW PROVIDE FOR THE ABOLITION OF THE LEGISLATIVE COUNCIL OF A STATE
HAVING SUCH A COUNCIL OR FOR THE CREATION OF SUCH A COUNCIL IN A STATE HAVING
NO SUCH COUNCIL, IF THE LEGISLATIVE ASSEMBLY OF THE STATE PASSES A RESOLUTION TO THAT
EFFECT BY A MAJORITY OF THE TOTAL MEMBERSHIP OF THE ASSEMBLY AND BY A MAJORITY OF
NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF THE ASSEMBLY PRESENT AND VOTING.

No such law as aforesaid shall be deemed

to be an amendment of this Constitution
for the purposes of Article 368
COMPARISON
CONCEPTS
LOK SABHA
The Presiding officer of the
legislative assembly is known
as Speaker. He is elected by
members of assembly from
among themselves. The
assembly also elects Deputy
Speaker, who performs duties
of Speaker in his absence.
IS A CITIZEN OF
INDIA;
IS MORE THAN 25
YEARS OF AGE;
POPULAR HOUSE- POSSESSES SUCH
QUALIFICATION AS
DIRECTLY ELECTED MAY BE
PRESCRIBED BY OR
UNDER THE LAW
ENACTED BY THE
PARLIAMENT.
STATE LEGIS.ASSEMBLY
The Presiding officer of the
legislative assembly is known
as Speaker. He is elected by
members of assembly from
among themselves. The
assembly also elects Deputy
Speaker, who performs duties
of Speaker in his absence.
POPULAR HOUSE- IS A CITIZEN OF
INDIA;
DIRECTLY ELECTED IS MORE THAN 25
YEARS OF AGE;
POSSESSES SUCH
QUALIFICATION AS
MAY BE
PRESCRIBED BY OR
UNDER THE LAW
ENACTED BY THE
PARLIAMENT.
LOK SABHA STATE LEGIS.ASSEMBLY

5 YEAR TERM-CAN BE 5 YEAR TERM-CAN BE

EXTENDED-CAN BE EXTENDED-CAN BE
DISSOLVED IN C/O. GOVT. DISSOLVED IN C/O. GOVT.
FAILURE FAILURE

no money shall no money shall

POWER OF be withdrawn be withdrawn POWER OF
from the from the
THE PURSE THE PURSE
Consolidated Consolidated
Fund of India Fund of State
except under except under
appropriation appropriation
LOK SABHA STATE LEGIS.ASSEMBLY

UNION COUNCIL OF STATE COUNCIL OF

MINISTERS IS MINISTERS IS
COLLECTIVELY COLLECTIVELY
RESPONSIBLE TO THE RESPONSIBLE TO THE
LOK SABHA LOK SABHA

COLLECTIVE
COLLECTIVE RESPONSIBILITY
RESPONSIBILITY
MAX SANCTIONED STRENGTH OF LOK STRENGTH OF THE LEGISLATIVE ASSEMBLY
VARIES FROM 60 TO 500 IN DIFFERENT
SABHA IS 550(530+20) STATES ACCORDING TO POPULATION.
Rajya sabha STATE LEGIS.Council
PERMANENT HOUSE
PERMANENT HOUSE MEMBER HAS 6 YR TERM
MEMBER HAS 6 YR TERM HOUSE IS NOT SUBJECT TO
HOUSE IS NOT SUBJECT TO DISSOLUTION
DISSOLUTION
Indirect
MUST BE A CITIZEN OF election-
INDIA; MUST BE A CITIZEN OF
Indirect Prop.
MUST BE MORE THAN 30 INDIA;
election- YEARS OF AGE; MUST BE MORE THAN 30 Rep./Single
Prop. YEARS OF AGE; transferable
Rep./Single vote
transferable
vote
Rajya sabha
The Presiding Officer of
legislative council is known
as Chairman. He is elected
by members of legislative
council from among its
members. In addition, council
elects Deputy Chairman who
discharges the duties of
Chairman in his absence.
STATE LEGIS.Council
The Presiding Officer of
legislative council is known
as Chairman. He is elected
by members of legislative
council from among its
members. In addition, council
elects Deputy Chairman who
discharges the duties of
Chairman in his absence.
The Presiding Officer of Rajya Sabha is The Presiding Officer of legislative council is
known as Chairman. He is elected by
known as Chairman. He is the Vice members of legislative council from among
President (ex-officio) its members.
Rajya sabha STATE LEGIS.Council
THE MAXIMUM STRENGTH OF THE LEGISLATIVE
250=238+12 COUNCIL CAN BE ONE-THIRD OF THE TOTAL
MEMBERSHIP OF THE LEGISLATIVE ASSEMBLY BUT
IN NO CASE LESS THAN 40. THE LEGISLATIVE
PRESIDENT NOMINATES- SPECIALISED
COUNCIL ENJOYS A TENURE OF SIX YEARS WITH
KNOWLEDGE/PRACTICAL EXPERIENCE
ONE-THIRD OF ITS MEMBERS RETIRING EVERY TWO
YEARS.

GOVERNOR NOMINATES- SPECIALISED

DIFFERRENT
KNOWLEDGE/PRACTICAL EXPERIENCE

DIFFERRENT
GOVERNOR NOMINATES
DIFFERRENT
DIFFERRENT

ATED MEM
IN

BE
NOM L A S S

RS
COOPERATIVE MOVEMENT
Rajya sabha STATE LEGIS.Council
THE MAXIMUM STRENGTH OF THE LEGISLATIVE
250=238+12 COUNCIL CAN BE ONE-THIRD OF THE TOTAL
MEMBERSHIP OF THE LEGISLATIVE ASSEMBLY BUT
IN NO CASE LESS THAN 40. THE LEGISLATIVE
COUNCIL ENJOYS A TENURE OF SIX YEARS WITH
ONE-THIRD OF ITS MEMBERS RETIRING EVERY TWO

DIFFERRENT
YEARS.
LEGISLATIVE ASSEMBLY
STRENGTH OF LEGISLATIVE ASSEMBLY VARIES FROM 60 TO 500 IN DIFFERENT STATES ACCORDING

TO POPULATION.

TERM OF 5 YEARS BUT CAN BE DISSOLVED EARLIER BY GOVERNOR.

TERM CAN BE EXTENDED BY ONE YEAR AT A TIME BY PARLIAMENT DURING NATIONAL EMERGENCY.

TERM CAN BE REDUCED IF THE GOVERNMENT LOSES MAJORITY-FAILURE

SAME AS PARLIAMENT
LEGISLATIVE ASSEMBLY
A PERSON CAN BECOME MEMBER OF LEGISLATIVE
ASSEMBLY ONLY OF IF HE –
1. IS A CITIZEN OF INDIA;
2 IS MORE THAN 25 YEARS OF AGE;
3 POSSESSES SUCH QUALIFICATION AS MAY BE PRESCRIBED BY OR
UNDER THE LAW ENACTED BY THE PARLIAMENT.

SAME AS PARLIAMENT
 LEGISLATIVE ASSEMBLY SAME AS PARLIAMENT

A PERSON IS DISQUALIFIED FROM MEMBERSHIP OF LEGISLATIVE ASSEMBLY IF HE –

1. HOLDS ANY OFFICE OF PROFIT UNDER THE CENTRAL OR STATE GOVERNMENT;

2. IS OF UNSOUND MIND;
3 AN UNDISCHARGED INSOLVENT;
4 HAS VOLUNTARILY ACQUIRED THE CITIZENSHIP OF A FOREIGN COUNTRY;
5. IS DISQUALIFIED BY OR UNDER ANY LAW OF PARLIAMENT.
GOVERNOR’S DECISION IS CONSIDERED FINAL IN CASE OF DISQUALIFICATION OF ANY MEMBER OF LEGISLATIVE
ASSEMBLY. HOWEVER GOVERNOR IS EXPECTED TO OBTAIN THE OPINION OF ELECTION COMMISSION BEFORE TAKING
THIS DECISION.
 LEGISLATIVE ASSEMBLY SAME AS PARLIAMENT

The Presiding officer of the legislative assembly is known as Speaker. He is

elected by members of assembly from among themselves. The assembly also
elects Deputy Speaker, who performs duties of Speaker in his absence.
 DIFFERENT FROM PARLIAMENT

LEGISLATIVE COUNCIL
IT IS THE UPPER HOUSE OF STATE LEGISLATURE AND CONTAINS VARIOUS CATEGORIES OF MEMBERS. THE MEMBERS OF LEGISLATIVE
COUNCIL ELECTED BY –

● ONE THIRD OF ITS MEMBERS ARE ELECTED BY LEGISLATIVE ASSEMBLY,

● ONE THIRD OF MEMBERS ARE ELECTED BY LOCAL BODIES,
● ONE TWELFTH OF THE MEMBERS ARE ELECTED BY TEACHERS
● ONE TWELFTH OF THE MEMBERS ARE ELECTED BY UNIVERSITY GRADUATES ONE SIXTH OF
● THE MEMBERS NOMINATED BY GOVERNOR

THE MAXIMUM STRENGTH OF THE LEGISLATIVE COUNCIL CAN BE ONE-THIRD OF THE TOTAL
MEMBERSHIP OF THE LEGISLATIVE ASSEMBLY BUT IN NO CASE LESS THAN 40. THE LEGISLATIVE
COUNCIL ENJOYS A TENURE OF SIX YEARS WITH ONE-THIRD OF ITS MEMBERS RETIRING EVERY TWO
YEARS.
GOVERNOR NOMINATES
 ATED MEM
IN

BE
NOM L A S S

RS
COOPERATIVE MOVEMENT
 PERMANENT HOUSE
MEMBER HAS 6 YR TERM
HOUSE IS NOT SUBJECT TO DISSOLUTION

LEGISLATIVE COUNCIL SAME AS PARLIAMENT

 LEGISLATIVE COUNCIL
ELIGIBILITY CRITERIA FOR MEMBERSHIP OF LEGISLATIVE COUNCIL, THE PERSON –

1. MUST BE A CITIZEN OF INDIA;

2 MUST BE MORE THAN 30 YEARS OF AGE;
. MUST POSSES QUALIFICATIONS AS MAY BE PRESCRIBED BY PARLIAMENT FROM TIME TO TIME
3
The criteria for disqualification of members of legislative council stands same as that of members of
.
legislative assembly.

Presiding Officer of Legislative Council

The Presiding Officer of legislative council is known as Chairman. He is elected by members of

legislative council from among its members. In addition, council elects Deputy Chairman who
discharges the duties of Chairman in his absence.
RS VIDHAN PARISHAD
WHY WAS A CHOICE GIVEN TO
THE STATES TO OPT FOR
UNICAMERAL /BICAMERAL
LEGISLATURE?
LEGISLATIVE PROCESS

Bills are of two types-

1.Ordinary bills
2.Money bills.

Ordinary bills can be introduced in either of the Houses(if the State Legislature is
bicameral),
Money bill is first introduced in the Vidhan Sabha.
After the bill is passed by both Houses, it is sent to the Governor for his assent.
Thereafter, it becomes a LAW
ORDINARY BILL
ORDINARY BILL
An ordinary bill can originate in either House of the State Legislature, yet both Houses
have unequal powers.
 NORMAL:

If a bill is passed in the Vidhan Sabha/VP, it is transmitted to the Vidhan

Parishad/VS for consideration.
When it is passed by Vidhan Parishad without any amendment, the bill is sent to the
Governor for his assent.

. INTRO IN VS/VP-----> VP/VS-----------> GOVERNOR

 ORDINARY BILLS BILL WAS INTRODUCED BY VS
In case, the bill is
(a) rejected by the Parishad or
(b) more than three months elapsed
without the bill being passed by the Parishad, or
(c) bill is passed with amendment to
which the Vidhan Sabha does not agree, the Vidhan Sabha may pass the bill again in
the same or in the subsequent session.

After that the bill is again sent to the Vidhan Parishad. If the Vidhan Parishad

does not return the bill within a period of one month,the bill is deemed to have

been passed by both Houses of the State Legislature and is sent to Governor for

his assent.
VIDHAN PARISHAD
Thus the Vidhan Parishad can delay the bill for a maximum period of four months.

CAN DELAY - NOT STOP

MONTHS
ORDINARY BILLS BILL WAS INTRODUCED BY VP

On the other hand, if the bill is first passed by the Vidhan Parishad and rejected by
the Vidhan Sabha, the bill is rejected and cannot become a law.
ORDINARY BILL
DIFFERENT FROM PARLIAMENT
In case of the Parliament, if there is disagreement between the two Houses over an
ordinary bill, the President summons a joint sitting of both the Houses and if the
bill is passed there by the majority of votes, the bill is taken as passed by both
Houses of the Parliament.

But this provision of the joint sitting does not exist in the States.

NO JOINT SESSION
ROLE OF LEGISLATIVE COUNCIL

SAME AS RAJYA SABHA????????????

NOT THE SAME AS RS
MONEY BILL
 SAME AS PARLIAMENT
MONEY BILL
Like in the Lok Sabha, the money bill is introduced first in Vidhan Sabha.
It cannot be initiated in the Vidhan Parishad.
The Speaker of the Vidhan Sabha certifies whether a particular bill is a money bill.
After the bill is passed in the Vidhan Sabha, it is sent to the Vidhan Parishad.
The Vidhan Parishad gets 14 days time to consider the bill.
If the Parishad passes the bill, it is sent to the Governor for his assent.
 SAME AS PARLIAMENT
MONEY BILL
If the bill is not returned by the Vidhan Parishad within 14 days, it is deemed to
have been passed by the Vidhan Parishad.If it suggests certain changes in the bill
and sends to Vidhan Sabha, the Vidhan Sabha may accept or reject the changes
suggested by the Parishad.

The bill is then sent to the Governor for his assent who is bound to give his
assent.
 SAME AS PARLIAMENT

VS HAS THE 'POWER OF THE PURSE'

 SAME AS PARLIAMENT
MONEY BILL
If the bill is not returned by the Vidhan Parishad within 14 days, it is deemed to
have been passed by the Vidhan Parishad.If it suggests certain changes in the bill
and sends to Vidhan Sabha, the Vidhan Sabha may accept or reject the changes
suggested by the Parishad.

The bill is then sent to the Governor for his assent who is bound to give his
assent.
ASSENT BY THE
GOVERNOR
ASSENT etc.
All the bills passed by the state legislatures are sent to the Governor for assent.
Once a bill is sent to Governor for assent, he can:

give assent to the bill

● withhold the assent
● return the bill to legislature for reconsideration {if it is not a money bill}. If
● the bill is re-passed by legislature with or without amendment, the Governor
SHALL give assent to the bill.
Reserve the bill for consideration of the President
●
GOVERNOR
The Governor can send back the bill for reconsideration. When this bill is passed
again by the Legislature, the Governor has to give his assent. ONLY ONCE
 Article 200. Assent to Bills
When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a
Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be
presented to the Governor and the Governor shall declare either that he assents to the Bill or that he
withholds assent therefrom or that he reserves the Bill for the consideration of the President: Provided
that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return
the Bill if it is not a Money Bill together with a message requesting that the House or Houses will
reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message and, when a Bill is so returned,
the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House
or Houses with or without amendment and presented to the Governor for assent, the Governor shall not
withhold assent therefrom
RECONSIDERATION BY THE
PRESIDENT
 A.200-
Governor shall not assent to, but shall reserve
for the consideration of the President, any Bill
which in the opinion of the Governor would, if
it became law, so derogate from the powers of
the High Court as to endanger the position
which that Court is by this Constitution
designed to fill
 IF the bill violates the Constitution;
is against directive principles of state policy;
may involve some kind of conflict with union powers;
against the larger interest of the country and people;
endangers the position of the High Court in the state
 RECONSIDERATION BY
THE PRESIDENT.....
201. Bill reserved for consideration
When a Bill is reserved by a Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where
the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or,
as the case may be, the Houses of the Legislature of the State together with such a message as it
mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses
shall reconsider it accordingly within a period of six months from the date of receipt of such message
and, if it is again passed by the House or Houses with or without amendment, it shall be presented
again to the President for his consideration Procedure in Financial Matters
200
201
 ORDINANCE MAKING
POWER OF THE GOVERNOR
GOVERNOR-ORDINANCE POWER

The Governor can issue an Ordinance on the State subjects when the legislature
is not in session. The Ordinances have the force of law. The Ordinances issued
are laid before the State Legislature when it reassembles. It ceases to be in
operation after the expiry of six weeks unless rejected by the Legislature
earlier. The Legislature passes a regular bill, to become a law, to replace the
ordinance. This is done within six weeks after the reassembly of the Legislature.
LAPSING OF BILLS
GOVERNOR-EXECUTIVE
GOVERNOR
Governor's Role
Chief executive head of the state, serving as a nominal or
constitutional head, and acting as an agent of the central
government.

Appointed by the President through a warrant under his

hand and seal, acting as a nominee of the Central
government.
GOVERNOR

Eligibility Criteria:
Citizen of India.
Minimum age of 35 years.
Not a member of either House of Parliament or a state
legislature.
Should not hold any other office of profit.
GOVERNOR

Oath of Office: Before entering upon office, the governor

takes an oath to faithfully execute the role, preserve,
protect, and defend the Constitution
GOVERNOR

Oath of Office:
Before entering upon office, the governor takes an oath to
faithfully execute the role, preserve, protect, and defend the
Constitution
Term and Removal:
Holds office for a term of five years.
Term subject to the pleasure of the President.
Can resign by addressing a resignation letter to the President.
The pleasure of the President is not justifiable, and the governor
has no security of tenure or fixed term, being subject to removal
by the President at any time
 Article 154-The executive power of the State shall be vested in the
Governor and shall be exercised by him either directly or through officers
subordinate to him in accordance with the Constitution of India
154-The Governor of a State shall be appointed by the President by warrant under his hand and seal (
157. Qualifications for appointment as Governor No person shall be eligible for appointment as Governor
unless he is a citizen of India and has completed the age of thirty five years
Article 158-The Governor shall not be a member of the Legislature
or Parliament; shall not hold any office of profit,
 156. Term of office of Governor
(1) The Governor shall hold office during the pleasure of the President
(2) The Governor may, by writing under his hand addressed to the President, resign his
office
(3) Subject to the foregoing provisions of this article, a Governor shall hold for a term
of five years from the date on which he enters upon his office
(4) Provided that a Governor shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office
WHAT ARE THE GROUNDS OF REMOVAL OF THE GOVERNOR?
159. Oath or affirmation by Governor Every Governor and every person discharging the functions of the
Governor shall, before entering upon his office, make and subscribe in the presence of the chief
Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior
most Judge of that court available, an oath or affirmation in the following form, that is to say swear
in the name of God I, A B, do that I solemnly affirm will faithfully execute the office of Governor (or
discharge the functions of the Governor) of (name of the State) and will to the best of my ability
preserve, protect and defend the Constitution and the law and that I will devote myself to the service
and well being of the people of (name of the State)
‘JUDICIAL POWER’
161. Power of Governor to grant pardons, etc, and to suspend, remit
or commute sentences in certain cases The Governor of a State shall
have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any
person convicted of any offence against any law relating to a matter
to which the executive power of the State extends
OTHER POWERS /DUTIES
/RESPONSIBILITIES
 The Governor is consulted for the appointment of Judges of the High Court. ( Article 217)
Every person appointed to be a judge of the High Court shall ……..make and subscribe before the Governor
………… an oath or affirmation ……(Article 217)
The Governor appoints the Advocate General for the State. (Article 165).
All executive actions of the Governor of a State shall be expressed to be taken in the name of Governor.
(Article 166).
The Governor shall, from time to time, summon and prorogue the House and dissolve the Legislative Assembly.
(Article 174).
The Governor may address the Legislative Assembly….; The Governor may send messages to the House. (Article
175).
Special Address to the House by the Governor. (Article 176).
The Governor assents, withholds assent, or reserves for the consideration of the Bill passed by the Legislative
Assembly. (Article 200).
The Governor shall in respect of every financial year cause to be laid before the House…. a statement of the
estimated receipts and expenditure. (Article 202).
No demand for a grant shall be made except on the recommendation of the Governor. (Article 203(3)).
The Governor shall ……..cause to be laid before the House another statement showing estimated amount of
expenditure. (Article 205).
DEBATED OFFICE
CHIEF MINISTER
S.C.O.M.
 163. Council of Ministers to aid and advise Governor
(1) There shall be a council of Ministers with the chief Minister at the head to aid and
advise the Governor in the exercise of his functions, except in so far as he is by or under
this constitution required to exercise his functions or any of them in his discretion
(2) If any question arises whether any matter is or is not a matter as respects which the
Governor is by or under this Constitution required to act in his discretion, the decision of
the Governor in his discretion shall be final, and the validity of anything done by the
Governor shall not be called in question on the ground that he ought or ought not to have
acted in his discretion
(3) The question whether any, and if so what, advice was tendered by Ministers to the
Governor shall not be inquired into in any court
WHEN TO USE/NOT USE DISCRETION?
 164. Other provisions as to Ministers
(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be
appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office
during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and
Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of
the welfare of the Scheduled Castes and backward classes or any other work
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the
State
(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of
office and of secrecy according to the forms set out for the purpose in the Third Schedule
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of
the State shall at the expiration of that period cease to be a Minister
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may
from time to time by law determine and, until the Legislature of the State so determines, shall
be as specified in the Second Schedule
(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office
and of secrecy according to the forms set out for the purpose in the Third Schedule
OATH OF SECRECY AND ALLEGIANCE
"I, (name), do swear in the name of God/solemnly affirm that I will bear true faith and allegiance
to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of
India, that I will faithfully and conscientiously discharge my duties as a Minister and that I will do
right to all manner of people in accordance with the Constitution and the law, without fear or
favour, affection or ill-will."
"I, (name) do swear in the name of God/solemnly affirm that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be brought under my
consideration or shall become known to me as a Minister ….. except as may be required for the due
discharge of my duties as such Minister."
 Article 164 of the Constitution-the Chief Minister is appointed by the Governor without
any advice from anyone. He appoints the individual Ministers only on the advice of the
Chief Minister.
The governor cannot appoint an individual Minister according to his discretion.
Therefore, the Governor can dismiss a Minister only on the advice of the Chief Minister.
REAL EXECUTIVE
HEAD is the C.M.
APPOINTMENT
THE CHIEF MINISTER SHALL BE APPOINTED BY THE GOVERNOR
AND THE OTHER MINISTERS SHALL BE APPOINTED BY THE
GOVERNOR ON THE ADVICE OF THE CHIEF MINISTER,

THE MINISTERS SHALL HOLD OFFICE PLEASURE DURING THE

OF THE GOVERNOR:
NUMBERS LIMIT TO THE STRENGTH
THE TOTAL NUMBER OF MINISTERS, INCLUDING THE CHIEF MINISTER, IN THE
COUNCIL OF MINISTERS IN A STATE SHALL NOT EXCEED FIFTEEN PER CENT. OF
THE TOTAL NUMBER OF MEMBERS OF THE LEGISLATIVE ASSEMBLY OF THAT STATE:

PROVIDED THAT THE NUMBER OF MINISTERS, INCLUDING THE CHIEF

MINISTER IN A STATE SHALL NOT BE LESS THAN TWELVE

.
SCOM CANNOT BE MORE
THAN 15% OF VS
 Advises the names of the members to Governor for appointment as Ministers.
Allocation of charge to various ministers and can reshuffle their cabinet also.
Presides over the meetings of Cabinet and can change the decisions taken therein.
Advises the Governor about the removal of any Minister from his Cabinet.
Advises the Governor to dissolve the Cabinet. He can suggest the President to dissolve Vidhan Sabha and
to organize fresh elections.

STEP-BY-STEP
Article 164: The Chief
Minister will be appointed
by the Governor of State
and other Ministers will
also be appointed by him
based on advice of the
Chief Minister.
 MINISTERS
FIRST-AMONG-
EQUALS

VIDHAN SABHA
 Article 164 does specify
COLLECTIVE that the Council of Ministers shall
RESPONSIBILITY be collectively responsible to the
VIDHAN Sabha.
'SINK OR SWIM TOGETHER'
 NO CONFIDENCE MOTION
•COMs remain in office as long as it enjoys the majority support or confidence of VS
•Once, it loses the confidence of the house, it is bound to resign with
immediate effect
•Moved against ENTIRE COMs, not against any individual member

The Constitution of India does not mention either a Confidence or a No Confidence Motion.
'TO MAINTAIN POLITICAL HOMOGENEITY AND COHESION

SINK OR SWIM TOGETHER

 COLLECTIVE
RESPONSIBILITY
COLLECTIVE RESPONSIBILITY

COUNCIL OF MINISTERS SHALL BE

COLLECTIVELY RESPONSIBLE TO THE
LEGISLATIVE ASSEMBLY OF THE STATE.
.
tired of copy-pasting