Governance (9hrs) · Essence of Indian Constitution

Governance under part-VI

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Governance under part-VI

1. What Part-VI Covers (State Government)

Part VI (Art 152–237) deals with State governance (while Part V is Union). It is modelled on Union structure (parallel). Key may confuse: Part VI excludes J&K? Actually Art 370 abrogated, now all States covered; Art 152 says State does not include J&K historically.

Structure: Governor → CM + Council of Ministers → State Legislature → HC → Subordinate courts.

2. Governor (Art 153–162)

  • Appointment: by President (Art 155), holds at President's pleasure (Art 156), 5-year term nominal, executive head of State but de jure (real power CM).
  • Powers: Executive (appoint CM, ministers, Advocate General, etc.), Legislative (summon/prorogue Legislature, assent to Bills, ordinance Art 213), Judicial (pardon under Art 161: governor can pardon but not death? Actually can suspend/remit), Discretion (reserve Bill for President Art 200).

3. Chief Minister and Council of Ministers (Art 163–164)

  • CM appointed by Governor (usually majority party leader), Council collectively responsible to Legislative Assembly (Art 164(2)).
  • Governor acts on aid and advice of Council (Art 163) except discretionary.

4. Advocate General (Art 165) and Coordination

State's legal advisor, similar to Attorney General for Union.

5. Relation to Centre

Governance under Part VI is subordinate to Constitution and to Union in emergencies (Art 356 President's rule suspends State executive). Governor is Centre's agent in State.

6. Exam Points

  • State Part VI Art 152–237 deals with State (vs Part V Union) — 3 marks, very frequent.
  • Governor appointment, powers, discretion (Art 155,161,200,213) — 5-7 marks, very frequent.
  • CM + Council collective responsibility (Art 164) — 5 marks, frequent.
  • Advocate General Art 165 — 3 marks.
  • Draw parallel Union (President→Governor, PM→CM) — 5 marks, frequent.
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