State Government: Governor, CM & the Bihar Legislature

The state government is a smaller mirror of the Union: the Governor stands where the President stands, and the Chief Minister stands where the Prime Minister stands. Bihar is special — it is one of the few states with two houses (Vidhan Sabha and Vidhan Parishad). BPSC loves this chapter because Bihar's own numbers — 243 and 75 — come straight from it.

The Governor: Constitutional Head of the State

Article 153 says there shall be a Governor for each state — and the same person can be Governor of two or more states. Under Article 154, the executive power of the state is vested in the Governor. But remember the biggest exam point: the Governor is appointed by the President (Article 155) — not elected — and holds office during the pleasure of the President (Article 156). Minimum age is 35 years (Article 157).

President vs Governor — same seat, different rules
FeaturePresident (Union)Governor (State)
How chosenElected (indirectly, by an electoral college)Appointed by the President (Art 155)
Holds officeFixed term; removable only by impeachmentDuring the pleasure of the President (Art 156)
Minimum age35 years35 years (Art 157)
Ordinance powerArticle 123Article 213
Discretionary powersNarrowerWider than the President's
⚠️ Exam trap
Classic trap: "The Governor is elected by the people/MLAs of the state." Wrong. The Governor is appointed by the President and is not elected at all. Also note: one person can be Governor of two or more states.
🎯 Why it matters
Why does the Governor have wider discretion than the President? Because the Constitution expects the Governor to also act as a link between the Centre and the state — a role the President does not need at the Union level.

Governor's Discretion, Bill Reservation & Removal

Under Article 200, when a bill passed by the state legislature reaches the Governor, they may: give assent, withhold assent, return it once for reconsideration (not for a Money Bill), or reserve it for the President's consideration. If reserved, Article 201 lets the President assent, withhold assent, or (for a non-Money Bill) direct the Governor to return it to the legislature for reconsideration.

  • A bill is typically reserved for the President when it is thought to be against the Constitution, against the larger interest of the country, of grave national importance, or deals with matters like acquisition of property that could conflict with Union policy.
  • The Governor also has notable discretionary situations: appointing a Chief Minister when no party has a clear majority (hung Assembly), dismissing a ministry that has lost confidence but won't resign, and — most significantly — recommending President's Rule under Article 356 based on their own report that the state's governance cannot be carried on per the Constitution.
⚠️ Exam trap
There is no fixed term, no impeachment and no formal removal process for a Governor — since they hold office "during the pleasure of the President" (Art. 156), they can be removed at any time, without any reason being given, and can also resign by writing to the President. This is very different from the elaborate impeachment process (Art. 61) for removing the President.

Chief Minister & Council of Ministers: The Real Executive

Just as the President is the nominal head and the PM the real head at the Union, in a state the Governor is the constitutional head while the Chief Minister is the real head of the government. Under Article 164, the Chief Minister is appointed by the Governor, and the other ministers are appointed by the Governor on the advice of the CM.

💡 Think of it like this
Think of it as the same drama on a smaller stage: President ↔ Governor, Prime Minister ↔ Chief Minister, Parliament ↔ Vidhan Mandal. Whatever you learned about the President–PM relationship, replay it at the state level.

The 91st Constitutional Amendment (2003) put a cap on jumbo ministries: the total number of ministers, including the Chief Minister, must not exceed 15% of the strength of the Legislative Assembly. For Bihar (243 MLAs), that keeps the ministry within about 36 ministers.

🧠 Memory trick
Memory hook: "91 caps at 15" — the 91st Amendment fixed the 15% ceiling on the Council of Ministers (CM included), at both Union and state level.

Under Article 164(2), the Council of Ministers of a state is collectively responsible to the Legislative Assembly (Vidhan Sabha) — not to the Legislative Council. This mirrors the Union rule that the Council of Ministers answers only to the Lok Sabha (Art. 75(3)), never to the Rajya Sabha. Just as the Union has an Attorney General, Article 165 gives each state an Advocate General — the state's highest law officer, appointed by the Governor, who advises the state government and represents it in court.

Bihar's Bicameral Vidhan Mandal

Most states have only one house, but Bihar has a bicameral legislature (Vidhan Mandal): the Vidhan Sabha (Legislative Assembly) with 243 members and the Vidhan Parishad (Legislative Council) with 75 members. Only a handful of states have Councils — Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana are among them.

Vidhan Sabha vs Vidhan Parishad (Bihar)
FeatureVidhan SabhaVidhan Parishad
Strength (Bihar)24375
How chosenDirectly elected by the peopleIndirectly elected + partly nominated by the Governor
Term5 years; can be dissolved earlierPermanent house — 1/3 retire every 2 years; member term 6 years
Minimum age25 years30 years
Money BillsCan be introduced only hereCan only delay for 14 days
🧠 Memory trick
The Vidhan Parishad is a carbon copy of the Rajya Sabha pattern: permanent house, 1/3 retiring every 2 years, 6-year member term, minimum age 30. Learn one, get both.
ℹ️ Note
Composition of the Council: roughly 1/3 elected by local bodies, 1/3 by MLAs, 1/12 by graduates, 1/12 by teachers, and 1/6 nominated by the Governor from persons distinguished in literature, science, art, cooperative movement and social service.

Article 169 & Why the Parishad is Weaker than the Rajya Sabha

A Legislative Council is created or abolished by Parliament under Article 169 — but only after the state Assembly passes a resolution by special majority. So the state proposes, Parliament disposes. A state cannot create or abolish its Council on its own.

  • Money Bills: introduced only in the Vidhan Sabha; the Parishad can delay them for at most 14 days.
  • Ordinary bills: the Assembly can ultimately override the Council — the Council can delay, not block.
  • No joint sitting exists at the state level to resolve deadlocks — unlike Parliament.
  • The Governor can promulgate ordinances under Article 213 — the state counterpart of Article 123.
⚠️ Exam trap
Two traps in one line:
(1) There is no joint sitting in a state legislature — if a question says the Governor calls a joint sitting, it is wrong.
(2) Council abolition is done by Parliament (Art 169), not by the state Assembly alone — the Assembly's special-majority resolution is only the first step.
🎯 Why it matters
Why is the Parishad weaker than the Rajya Sabha? The Rajya Sabha protects federalism (states' voice at the Centre), so it got real teeth. The Parishad is only a revising chamber within one state — so the directly elected Assembly was deliberately kept supreme.

Key takeaways

  • Governor: Art 153 (one per state; same person can serve 2+ states), Art 154 (executive power), Art 155 (appointed by President), Art 156 (pleasure of President), Art 157 (min age 35).
  • The Governor has wider discretionary powers than the President; ordinance power under Article 213 (state twin of Art 123).
  • Art 164: CM appointed by the Governor; other ministers on the CM's advice. CM is the real head; Governor is the constitutional head.
  • 91st Amendment (2003): ministers including the CM ≤ 15% of Assembly strength.
  • Bihar Vidhan Sabha: 243 members, directly elected, 5-year term, min age 25.
  • Bihar Vidhan Parishad: 75 members, permanent house, 1/3 retire every 2 years, member term 6 years, min age 30 — the Rajya Sabha pattern.
  • Council created/abolished by Parliament under Art 169 after the Assembly's special-majority resolution. Composition includes 1/6 nominated by the Governor.
  • Money Bill only in the Vidhan Sabha; Parishad delays at most 14 days. No joint sitting in states — the Assembly overrides the Council on ordinary bills.
  • Article 200: Governor may assent, withhold, return once (not Money Bills), or reserve for the President (Art. 201). Discretion also covers hung-Assembly CM appointment and recommending President's Rule (Art. 356). No fixed term/impeachment for a Governor — removable anytime, without reason, by the President.
  • Article 164(2): Council of Ministers responsible to the Vidhan Sabha only, never the Vidhan Parishad. Article 165: Advocate General = state's highest law officer, appointed by the Governor (state counterpart of the Attorney General).

Practice questions (11)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. The Governor of a state is:

    1. Elected directly by the people of the state
    2. Elected by the MLAs of the state
    3. Appointed by the President
    4. Appointed by the Chief Minister
    Show answer

    Answer: C — Appointed by the President

    Under Article 155, the Governor is appointed by the President — there is no election. The Governor holds office during the pleasure of the President (Article 156).

  2. The minimum age to be appointed as Governor of a state is:

    1. 25 years
    2. 30 years
    3. 35 years
    4. 40 years
    Show answer

    Answer: C — 35 years

    Article 157 prescribes a minimum age of 35 years for the office of Governor — the same as for the President.

  3. The strength of the Bihar Vidhan Sabha (Legislative Assembly) is:

    1. 224
    2. 243
    3. 250
    4. 294
    Show answer

    Answer: B — 243

    The Bihar Vidhan Sabha has 243 directly elected members with a 5-year term; the Vidhan Parishad has 75 members.

  4. A Legislative Council in a state is created or abolished by:

    1. The state Assembly alone, by special majority
    2. The Governor, on the CM's advice
    3. Parliament under Article 169, after the Assembly's special-majority resolution
    4. The President by ordinance
    Show answer

    Answer: C — Parliament under Article 169, after the Assembly's special-majority resolution

    Under Article 169, only Parliament can create or abolish a Legislative Council — but the state Assembly must first pass a resolution by special majority. The state cannot do it alone.

  5. Consider the following statements about the Bihar Vidhan Parishad:
    1. It is a permanent house and one-third of its members retire every two years.
    2. The term of a member is 6 years, and the minimum age is 30 years.
    Which is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C — Both 1 and 2

    Both are correct. The Vidhan Parishad follows the Rajya Sabha pattern: a permanent house, 1/3 retiring every 2 years, 6-year member term, minimum age 30.

  6. A Money Bill in the Bihar legislature can be introduced only in the Vidhan Sabha. For how long, at most, can the Vidhan Parishad delay it?

    1. 14 days
    2. 1 month
    3. 3 months
    4. 6 months
    Show answer

    Answer: A — 14 days

    A state Money Bill is introduced only in the Vidhan Sabha, and the Vidhan Parishad can delay it for at most 14 days — just like the Rajya Sabha at the Union level.

  7. Under the 91st Amendment (2003), the total number of ministers in a state, including the Chief Minister, must not exceed:

    1. 10% of the Assembly's strength
    2. 15% of the Assembly's strength
    3. 20% of the Assembly's strength
    4. 25% of the Assembly's strength
    Show answer

    Answer: B — 15% of the Assembly's strength

    The 91st Amendment (2003) caps the Council of Ministers, including the CM, at 15% of the Legislative Assembly's strength.

  8. Consider the following statements:
    1. In case of a deadlock over an ordinary bill, a joint sitting of the Vidhan Sabha and Vidhan Parishad is held.
    2. The Governor can promulgate ordinances under Article 213.
    Which is/are correct?

    1. Only 1
    2. Only 2
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: B — Only 2

    Statement 1 is wrong — there is no provision for a joint sitting at the state level; the Assembly can override the Council on ordinary bills. Statement 2 is correct — Article 213 gives the Governor ordinance power (the state counterpart of Article 123).

  9. When the Governor reserves a state bill for the President's consideration, this is done under which Article?

    1. Article 111
    2. Article 123
    3. Article 200
    4. Article 213
    Show answer

    Answer: C — Article 200

    Article 200 gives the Governor the option, among others, to reserve a state bill for the President's consideration. Article 201 then governs how the President deals with such a reserved bill.

  10. The Council of Ministers of a state is collectively responsible to:

    1. The Vidhan Parishad only
    2. The Vidhan Sabha only
    3. Both the Vidhan Sabha and Vidhan Parishad equally
    4. The Governor
    Show answer

    Answer: B — The Vidhan Sabha only

    Under Article 164(2), the Council of Ministers is collectively responsible only to the Legislative Assembly (Vidhan Sabha), mirroring the Union rule that it answers only to the Lok Sabha.

  11. The highest law officer of a state, appointed by the Governor, is the:

    1. Attorney General
    2. Advocate General (Article 165)
    3. Solicitor General
    4. Chief Justice of the High Court
    Show answer

    Answer: B — Advocate General (Article 165)

    Article 165 provides for an Advocate General for each state, appointed by the Governor, as the state's highest law officer — the state counterpart of the Union's Attorney General.