Articles 154 to 204 of the Indian Constitution – State Executive and State Legislature
Articles 154 to 204 of the Indian Constitution – State Executive and State Legislature
The Indian Constitution provides a federal structure with a clear division of powers between the Union and the States. Articles 154 to 204 fall under Part VI, which deals with the State Governments.
These articles define the powers of the Governor, the Council of Ministers, the State Legislature, and the procedures that ensure democratic functioning at the state level.
The State Executive (Articles 154 to 167)
Article 154 – Executive Power of the State
The Governor holds the executive power of the State, which is exercised directly or through officers subordinate to him.
Article 155 – Appointment of Governor
The Governor is appointed by the President of India.
Article 156 – Term of Office of Governor
Normally holds office for five years but can be removed earlier by the President or continue until a successor takes over.
Article 157 – Qualifications for Appointment as Governor
Must be a citizen of India and at least 35 years old.
Article 158 – Conditions of Governor’s Office
The Governor cannot hold any other office of profit and is entitled to an official residence and allowances.
Article 159 – Oath of Office
The Governor swears to preserve, protect, and defend the Constitution and the law.
Article 160 – Discharge of Functions in Contingencies
President may make arrangements for the Governor’s functions in special situations.
Article 161 – Power of Pardon
The Governor can grant pardons, reprieves, respites, or remissions in cases under state law.
Article 162 – Extent of Executive Power of State
Covers matters on which the State Legislature can make laws.
Article 163 – Council of Ministers to Aid and Advise Governor
The Governor acts on the aid and advice of the Council of Ministers, except in certain discretionary areas.
Article 164 – Appointment of Ministers
Appointed by the Governor on the advice of the Chief Minister; the Council is collectively responsible to the Legislative Assembly.
Article 165 – Advocate-General for the State
The Governor appoints the Advocate-General, the top legal officer of the State.
Article 166 – Conduct of Business of the Government of a State
Rules for conducting state government business are made by the Governor.
Article 167 – Duties of Chief Minister
The CM must keep the Governor informed about state affairs and decisions.
The State Legislature – General (Articles 168 to 177)
Article 168 – Constitution of State Legislatures
Some states have a unicameral legislature (Legislative Assembly only), while others have a bicameral legislature (Legislative Assembly and Legislative Council).
Article 169 – Abolition or Creation of Legislative Councils
Parliament can abolish or create a Legislative Council in a State if the Legislative Assembly passes a resolution.
Article 170 – Composition of Legislative Assemblies
Members are directly elected by the people, with representation based on population.
Article 171 – Composition of Legislative Councils
Members are partly elected by MLAs, local bodies, teachers, graduates, and partly nominated by the Governor.
Article 172 – Duration of State Legislatures
Legislative Assembly normally lasts five years, unless dissolved earlier.
Article 173 – Qualifications for Membership
Must be an Indian citizen, at least 25 years old for Assembly, and 30 years for Council.
Article 174 – Sessions of the State Legislature
Governor summons and prorogues sessions and can dissolve the Assembly.
Article 175 – Right of Governor to Address and Send Messages
Governor can address either House and send messages.
Article 176 – Special Address by the Governor
Governor addresses the first session after a general election and the first session each year.
Article 177 – Rights of Ministers and Advocate-General
They may participate in proceedings but cannot vote unless members.
Officers of the State Legislature (Articles 178 to 187)
Article 178 – Speaker and Deputy Speaker of Legislative Assembly
Elected from Assembly members.
Article 179 – Vacation and Resignation
Specifies when these offices fall vacant.
Article 180 – Powers of Deputy Speaker
Acts in place of Speaker when absent.
Article 181 – Speaker/Deputy Speaker Not to Preside During Removal Resolution
Cannot preside over proceedings for their own removal.
Article 182 – Chairman and Deputy Chairman of Legislative Council
Elected from Council members.
Article 183 – Vacation and Resignation
Conditions for vacating office.
Article 184 – Powers of Deputy Chairman
Acts in place of Chairman when absent.
Article 185 – Chairman/Deputy Chairman Not to Preside During Removal Resolution
Similar to Assembly provisions.
Article 186 – Salaries of Presiding Officers
Determined by the State Legislature.
Article 187 – Secretariat of State Legislature
Each House has its own secretarial staff.
Conduct of Business (Articles 188 to 194)
Article 188 – Oath by Members
Members must take an oath before assuming duties.
Article 189 – Voting in Houses
Decisions are by majority of members present and voting.
Article 190 – Vacation of Seats
Covers resignation, disqualification, and prolonged absence.
Article 191 – Disqualifications for Membership
Includes holding an office of profit, unsound mind, insolvency, or disqualification under law.
Article 192 – Decision on Disqualifications
Governor decides after consulting the Election Commission.
Article 193 – Penalty for Sitting and Voting Before Taking Oath or When Disqualified
Monetary penalty imposed by the Legislature.
Article 194 – Powers, Privileges, and Immunities of State Legislatures and Members
Includes freedom of speech in the Legislature and protection from legal proceedings for legislative actions.
Legislative Procedures (Articles 195 to 204)
Article 195 – Salaries and Allowances of Members
Determined by the State Legislature.
Article 196 – Provisions Regarding Bills
Details the introduction and passage of bills in the State Legislature.
Article 197 – Restriction on Powers of Legislative Council
In case of disagreement between Assembly and Council, the Assembly’s decision prevails.
Article 198 – Special Procedure for Money Bills
Money Bills can be introduced only in the Assembly.
Article 199 – Definition of Money Bills
Specifies what constitutes a Money Bill at the state level.
Article 200 – Assent to Bills
Governor can give assent, withhold assent, or return the bill for reconsideration.
Article 201 – Bills Reserved for Consideration of the President
Certain bills require Presidential approval.
Article 202 – Annual Financial Statement (State Budget)
The State Government presents an annual budget.
Article 203 – Procedure with Respect to Estimates
Explains the process for discussing and voting on budget estimates.
Article 204 – Appropriation Bills
Authorises expenditure from the Consolidated Fund of the State.
Conclusion
Articles 154 to 204 create the constitutional framework for state governance in India. They ensure that states have their own executive and legislative branches, functioning under the same democratic principles as the Union Government. These provisions safeguard federalism, ensure accountability, and preserve the people’s right to self-governance through elected representatives.
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