Part VI: The States
Part VI of the Constitution deals with the structure and functioning of state governments in India. It covers the executive, legislative, and judicial aspects of state administration, establishing the framework for state-level governance.
Key Articles Covered
General (Articles 152-160)
- Article 152: Definition of "State"
- Article 153: Governors of States
- Article 154: Executive power of State
- Article 155: Appointment of Governor
- Article 156: Term of office of Governor
- Article 157: Qualifications for appointment as Governor
- Article 158: Conditions of Governor's office
- Article 159: Oath or affirmation by Governor
- Article 160: Discharge of Governor's functions
Key Points:
- Establishes the office of Governor as the constitutional head of state
- Defines the appointment process and qualifications
- Sets terms and conditions of office
- Provides for discharge of functions in exceptional circumstances
State Legislature (Articles 168-212)
- Article 168: Constitution of Legislatures in States
- Article 169: Abolition or creation of Legislative Councils
- Article 170: Composition of Legislative Assemblies
- Article 171: Composition of Legislative Councils
- Article 172: Duration of State Legislatures
- Article 173: Qualification for membership
- Article 174: Sessions of State Legislature
- Article 175: Right of Governor to address
Key Points:
- Establishes bicameral legislature in some states
- Defines composition and duration of houses
- Sets qualifications for membership
- Regulates sessions and procedures
High Courts (Articles 214-237)
- Article 214: High Courts for States
- Article 215: High Courts to be courts of record
- Article 216: Constitution of High Courts
- Article 217: Appointment and conditions of office
- Article 218: Application of certain provisions
- Article 219: Oath or affirmation by judges
- Article 220: Restriction on practice
- Article 221: Salaries of judges
Key Points:
- Establishes High Courts as highest judicial authority in states
- Defines appointment process and qualifications
- Sets conditions of service and restrictions
- Ensures independence of judiciary
Key Features of State Governments
Governor
Appointed by the President, serves as the constitutional head of the state. Has executive, legislative, and judicial powers including ordinance-making and emergency powers.
State Legislature
Consists of Legislative Assembly (Vidhan Sabha) and in some states, Legislative Council (Vidhan Parishad). Makes laws on subjects in State List and Concurrent List.
High Court
Highest judicial authority in the state, with original and appellate jurisdiction. Protects fundamental rights and ensures rule of law.
State Executive
Headed by Chief Minister and Council of Ministers, responsible for day-to-day administration. Implements laws and policies.
Historical Context
Part VI was adopted on 26th November 1949, establishing the framework for state governments in independent India. The structure was designed to provide autonomy to states while maintaining the unity of the nation.
The state government structure was influenced by the Government of India Act, 1935, but with significant modifications to ensure democratic governance and federal balance. The office of Governor was designed to be a link between the Centre and the States.
Legal Significance
Part VI provides the constitutional foundation for state governance in India. It establishes the separation of powers between executive, legislative, and judicial branches at the state level.
The Supreme Court has held that the Governor acts as a constitutional head and must act on the advice of the Council of Ministers, except in specific circumstances where discretionary powers are explicitly granted.