Introduction
Part VI of the Constitution of India deals with the structure, organization, and functioning of State Governments. Spanning Articles 152 to 237, it lays down provisions related to the Executive, Legislature, Judiciary, and certain special provisions for states.
This part mirrors, to a large extent, the framework of the Union Government (Part V), reflecting India’s federal structure with a unitary bias. Understanding Part VI is crucial for UPSC aspirants as it forms the backbone of Indian polity and governance at the state level.
Chapter I: General (Article 152)
Article 152 – Definition
This article defines the term “State” for the purposes of Part VI. It excludes certain Union Territories unless specified otherwise.
Chapter II: The Executive (Articles 153–167)
Article 153 – Governors of States
There shall be a Governor for each State. One person can be appointed as Governor for two or more states.
Article 154 – Executive Power of the State
The executive power of the state is vested in the Governor, who exercises it either directly or through subordinate officers.
Article 155 – Appointment of Governor
The Governor is appointed by the President of India.
Article 156 – Term of Office
The Governor holds office during the pleasure of the President, typically for a term of five years.
Article 157 – Qualifications
- Must be a citizen of India
- Must have completed 35 years of age
Article 158 – Conditions of Office
- Cannot be a member of Parliament or State Legislature
- Cannot hold any office of profit
Article 159 – Oath or Affirmation
The Governor takes an oath to preserve, protect, and defend the Constitution.
Article 160 – Contingency Provisions
Allows the President to make arrangements for discharge of Governor’s functions in special situations.
Article 161 – Power to Grant Pardons
The Governor has the power to grant pardons, reprieves, respites, or remissions for offenses under state law.
Article 162 – Extent of Executive Power
The executive power extends to matters on which the State Legislature can make laws.
Council of Ministers (Articles 163–164)
Article 163 – Council to Aid and Advise
The Governor acts on the aid and advice of the Council of Ministers, except in discretionary matters.
Article 164 – Other Provisions
- Chief Minister is appointed by the Governor
- Other ministers are appointed on the advice of the Chief Minister
- Council is collectively responsible to the Legislative Assembly
State Administration (Articles 165–167)
Article 165 – Advocate General
The state’s highest law officer, analogous to the Attorney General at the Union level.
Article 166 – Conduct of Business
All executive actions are taken in the name of the Governor.
Article 167 – Duties of Chief Minister
The Chief Minister must:
- Communicate decisions of the Council to the Governor
- Furnish information as required
Chapter III: The State Legislature (Articles 168–212)
Structure of Legislature
Article 168 – Constitution
States may have:
- Unicameral Legislature (Legislative Assembly)
- Bicameral Legislature (Legislative Assembly + Legislative Council)
Legislative Assembly (Articles 170–177)
Article 170 – Composition
Members are directly elected by the people.
Article 171 – Legislative Council
Indirectly elected body with representation from:
- Local bodies
- Graduates
- Teachers
- Nominated members
Article 172 – Duration
- Assembly: 5 years
- Council: Permanent body (1/3rd members retire every 2 years)
Articles 173–177
Deal with qualifications, sessions, quorum, and rights of ministers and Advocate General.
Officers and Procedures (Articles 178–189)
- Speaker and Deputy Speaker preside over Assembly
- Chairman and Deputy Chairman preside over Council
- Decision-making through majority voting
Legislative Procedures (Articles 196–207)
Article 196 – Introduction and Passing of Bills
Bills can originate in either House (except Money Bills).
Article 198 – Special Procedure for Money Bills
Money Bills can be introduced only in the Legislative Assembly.
Article 200 – Assent to Bills
Governor may:
- Give assent
- Withhold assent
- Reserve the bill for the President
Article 201 – Bills Reserved for President
The President may approve or reject such bills.
Financial Matters (Articles 202–207)
Article 202 – Annual Financial Statement
State budget is presented annually.
Articles 203–207
Deal with:
- Demands for grants
- Appropriation Bills
- Supplementary grants
Legislative Privileges and Immunities (Article 194)
Members enjoy freedom of speech and protection from legal proceedings for actions within the House.
Chapter IV: Legislative Powers of the Governor (Article 213)
Article 213 – Ordinance Making Power
Governor can promulgate ordinances when the Legislature is not in session, similar to the President’s ordinance power.
Chapter V: The High Courts (Articles 214–231)
Article 214 – High Courts for States
Each state shall have a High Court.
Article 215 – Court of Record
High Courts have the power to punish for contempt of court.
Article 216 – Constitution
Consists of a Chief Justice and other judges.
Article 217 – Appointment of Judges
Appointed by the President after consultation with:
- Chief Justice of India
- Governor of the State
Jurisdiction and Powers (Articles 226–227)
Article 226 – Writ Jurisdiction
High Courts can issue writs like:
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Quo Warranto
Article 227 – Superintendence
High Courts supervise all subordinate courts in the state.
Other Provisions (Articles 228–231)
- Transfer of cases involving constitutional questions
- Provision for common High Courts for multiple states
Chapter VI: Subordinate Courts (Articles 233–237)
Article 233 – Appointment of District Judges
Appointed by the Governor in consultation with the High Court.
Article 234 – Recruitment of Judicial Officers
Recruitment below district judges level is conducted as per state rules.
Article 235 – Control of High Courts
High Courts have control over subordinate judiciary.
Article 236 – Interpretation
Defines terms like “district judge”.
Article 237 – Application to Magistrates
Allows extension of provisions to magistrates.
Key Features of Part VI
1. Federal Structure with Unitary Bias
While states have autonomy, the Centre retains significant control (e.g., Governor appointment).
2. Parliamentary System at State Level
Executive is responsible to the legislature, ensuring accountability.
3. Independent Judiciary
High Courts ensure rule of law and constitutional supremacy.
4. Role of Governor
Acts as a constitutional head but with certain discretionary powers.
Important UPSC Focus Areas
- Governor’s discretionary powers (Articles 163, 200, 213)
- Differences between State and Union executive
- Legislative procedures and Money Bills
- High Court writ jurisdiction vs Supreme Court
- Subordinate judiciary structure
Part VI of the Constitution of India provides a comprehensive framework for governance at the state level, ensuring a balance between autonomy and central oversight. For UPSC aspirants, mastering these provisions is essential to understanding India’s federal polity, administrative machinery, and constitutional governance.
A clear conceptual grasp of Articles 152 to 237 not only aids in Prelims and Mains, but also enhances analytical ability for essay and interview stages.
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