CDS Polity · Government Structure — Parliament, Judiciary and Constitutional Bodies
Governor and State Legislature
What the Governor can and cannot do, the Governor's ordinance power, and how a State legislature is made up, with the six States that have a Legislative Council.
Why this matters
Fifteen CDS questions from 2018 to 2026, 11 MODERATE and 4 HARD. Seven came in the two 2018 papers alone. The ordinance power was asked three times (twice in 2018, once in 2026), and the Legislative Council three times, so the Council's make-up and the list of States that have one are worth learning exactly.
Concept 1 of 3: The Governor's powers
The Governor is to a State what the President is to India: the formal head, acting on the advice of the Chief Minister's Council of Ministers. But defence and foreign affairs belong to the Union, so a Governor has none of the President's military or diplomatic powers.
Definition
The Governor's powers:
- Executive: appoints the Chief Minister and the ministers; appoints the Advocate General (Article 165), who holds office during the Governor's pleasure; appoints the chairman and members of the State Public Service Commission (Article 316).
- Legislative: summons, prorogues and dissolves the Assembly (Article 174); gives the special address (Article 176) at the start of the first session after each general election and the first session of each year; promulgates ordinances (Article 213).
- Judicial: grants pardons, reprieves and remissions for offences against State law (Article 161).
- No diplomatic or military powers: those belong to the President.
- Article 167: the Chief Minister must tell the Governor all decisions of the Council of Ministers and give any information the Governor asks for.
- A State PSC member is removed by the President (Article 317), after a Supreme Court inquiry in a case of misbehaviour, not by the Governor.
- Fifth Schedule: a Tribes Advisory Council must exist in every State with Scheduled Areas; in a State with Scheduled Tribes but no Scheduled Areas, one is set up if the President so directs.
| Power | Who holds it in a State |
|---|---|
| Appointing the Advocate General | The GovernorQ CDS 2019 (II): the Advocate General is appointed by the Governor, not by the President on the Governor's recommendation. |
| Appointing State PSC members | The Governor |
| Removing State PSC members | The PresidentQ CDS 2026 (I): the false statement was that the President removes them on the Governor's report. |
| Pardoning an offence against State law | The Governor |
| Diplomatic and military powers | Nobody in the State: these are the President's |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2018 · CDS (II) 2018 — General Knowledge · Q102Moderate
Example 1 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Governor and State Legislature
Which of the following is not related to the powers of the Governor?
The Chief Minister reports to the Governor
Under Article 167 the Chief Minister communicates the Council's decisions to the Governor. There is no duty to send the President a monthly report.
The Governor appoints, the President removes
The Governor appoints State PSC members, but only the President can remove them. The Governor can at most suspend a member while an inquiry is pending.
Concept 2 of 3: The Governor's ordinance power
Sometimes a law is needed urgently when the State legislature is not meeting. An ordinance fills that gap: it works like a law for a short time. Because it bypasses the legislature, it is tightly limited: it is made on the ministers' advice, must go before the legislature, and dies soon if the legislature does not adopt it.
Definition
Article 213 (the President's matching power is Article 123):
- The Governor may promulgate an ordinance only when the Legislature is not in session and immediate action is needed.
- It is made on the aid and advice of the Council of Ministers; it is not a discretionary power.
- It must be laid before the Legislative Assembly (and the Council too, where there is one).
- It ceases to operate six weeks after the Legislature reassembles, or earlier if the Legislature disapproves it.
- The Article says it may be withdrawn at any time by the Governor.
| Point | Rule under Article 213 |
|---|---|
| When it can be issued | Only when the Legislature is not in session |
| On whose advice | The Council of Ministers; not discretionaryQ CDS 2018 (II): the false statement was that the aid and advice of ministers is not required. |
| Life after the Legislature meets | Six weeks from reassembly |
| Laid before | The Assembly, and the Council too where one exists |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2026 · CDS (II) 2026 — General Knowledge · Q15Moderate
Example 2 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Governor and State Legislature
Which of the following statements with respect to the Ordinance promulgated under Article 213 of the Constitution of India is/are correct ?
1. It shall be laid before the Legislative Assembly of the State, or where there is a Legislative Council in the State, before both the Houses
2. It shall cease to operate at the expiration of two months from the reassembly of the Legislature
3. It may be withdrawn at any time by the Governor
Select the answer using the code given below :
Six weeks, not two months
An ordinance lapses six weeks after the Legislature reassembles. A statement giving two months, or six months, is false.
Concept 3 of 3: The State legislature and Legislative Councils
Every State has an elected Legislative Assembly. Only a few also have a second, smaller House, the Legislative Council, whose members come from many different groups: local bodies, graduates, teachers, the Assembly itself and the Governor's nominees. Parliament can create or abolish a Council if the State's Assembly asks.
Definition
The rules:
- Article 168: the Legislature of a State is the Governor together with one or two Houses. The Chief Minister is not part of the Legislature as such.
- Six States have a Legislative Council: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh. Jammu and Kashmir's Council was abolished in 2019, when the State became a Union Territory.
- Article 169: Parliament creates or abolishes a Council by law, after the Assembly passes a resolution by a special majority.
- Article 171: a Council has at most one-third of the Assembly's members, and at least 40. About one-third are elected by local bodies, one-third by the MLAs, one-twelfth by graduates, one-twelfth by teachers, and one-sixth are nominated by the Governor.
| State | Assembly seats | Legislative Council? |
|---|---|---|
| Uttar Pradesh | 403, the most | Yes |
| West Bengal | 294 | NoQ CDS 2018 (I): of West Bengal, Bihar, Madhya Pradesh and Tamil Nadu, West Bengal has the most Assembly seats. |
| Maharashtra | 288 | Yes |
| Bihar | 243 | Yes |
| Tamil Nadu | 234 | No |
| Madhya Pradesh | 230 | No |
| Karnataka | 224 | Yes |
| Andhra Pradesh | 175 | Yes |
| Telangana | 119 | YesQ CDS 2022 (II): Andhra Pradesh, Telangana, Bihar and Uttar Pradesh all have bicameral legislatures. |
| Arunachal Pradesh | 60 | No |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
CDS · 2019 · CDS (I) 2019 — General Knowledge · Q34Moderate
Example 3 · Government Structure — Parliament, Judiciary and Constitutional Bodies · Governor and State Legislature
Which one of the following is not a correct statement regarding the provision of Legislative Council in the State Legislature?
One-third from local bodies
In a Legislative Council, one-third is elected by local bodies. The one-twelfth shares belong to the graduates and the teachers.
The Chief Minister is not part of the Legislature
Article 168 names the Governor and the Houses. The Chief Minister heads the executive and sits in the House as a member, but is not named as part of the Legislature.
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (3)
The Governor's powers5 rows
| Power | Who holds it in a State |
|---|---|
| Appointing the Advocate General | The GovernorQ CDS 2019 (II): the Advocate General is appointed by the Governor, not by the President on the Governor's recommendation. |
| Appointing State PSC members | The Governor |
| Removing State PSC members | The PresidentQ CDS 2026 (I): the false statement was that the President removes them on the Governor's report. |
| Pardoning an offence against State law | The Governor |
| Diplomatic and military powers | Nobody in the State: these are the President's |
The Governor's ordinance power4 rows
| Point | Rule under Article 213 |
|---|---|
| When it can be issued | Only when the Legislature is not in session |
| On whose advice | The Council of Ministers; not discretionaryQ CDS 2018 (II): the false statement was that the aid and advice of ministers is not required. |
| Life after the Legislature meets | Six weeks from reassembly |
| Laid before | The Assembly, and the Council too where one exists |
The State legislature and Legislative Councils10 rows
| State | Assembly seats | Legislative Council? |
|---|---|---|
| Uttar Pradesh | 403, the most | Yes |
| West Bengal | 294 | NoQ CDS 2018 (I): of West Bengal, Bihar, Madhya Pradesh and Tamil Nadu, West Bengal has the most Assembly seats. |
| Maharashtra | 288 | Yes |
| Bihar | 243 | Yes |
| Tamil Nadu | 234 | No |
| Madhya Pradesh | 230 | No |
| Karnataka | 224 | Yes |
| Andhra Pradesh | 175 | Yes |
| Telangana | 119 | YesQ CDS 2022 (II): Andhra Pradesh, Telangana, Bihar and Uttar Pradesh all have bicameral legislatures. |
| Arunachal Pradesh | 60 | No |
Watch out for (5)
- The Chief Minister reports to the Governor→ The Governor's powers
- The Governor appoints, the President removes→ The Governor's powers
- Six weeks, not two months→ The Governor's ordinance power
- One-third from local bodies→ The State legislature and Legislative Councils
- The Chief Minister is not part of the Legislature→ The State legislature and Legislative Councils
Test yourself on Government Structure — Parliament, Judiciary and Constitutional Bodies
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