How a state government is formed

India’s states are run on the same parliamentary model as the Union. Voters elect a legislative assembly; whoever commands a majority in it forms the government; and the state’s constitutional head, the governor, acts on that government’s advice in almost everything.

The invitation

After an assembly election, the governor appoints the chief minister (Article 164). When one party or a pre-poll alliance has a clear majority, the choice is simply its leader. When no one does — a hung assembly — the governor must judge who is most likely to command a majority, and usually asks that person to prove it.

The floor test

In the S. R. Bommai case of 1994, the Supreme Court held that the place to test a majority is the floor of the assembly, not the governor’s residence or a list of signatures. When a government’s support is in doubt, courts have repeatedly ordered a quick floor test.

The council of ministers

The governor appoints the other ministers on the chief minister’s advice. Since the 91st Amendment (2003), a state council of ministers cannot be larger than 15% of the assembly’s strength, with a minimum of 12. Ministers are collectively responsible to the assembly. Someone who is not a member of the legislature can be a minister for up to six months, but must win a seat within that time.

When things break down: President’s Rule

If the President, on the governor’s report or otherwise, is satisfied that a state’s government cannot be carried on under the Constitution, Article 356 allows President’s Rule: the Union takes over the state’s administration and the assembly is suspended or dissolved. The proclamation must be approved by both houses of Parliament within two months and normally lasts no more than a year. Since the Bommai judgment it can be challenged in court, and the courts have struck down proclamations they found unjustified.

More: India’s states and union territories · All guides