State Executive LegislatureState Executive Legislature

The state executive comprises the Governor, the Chief Minister, the Council of Ministers, and the Advocate General of the State, operating on the parliamentary convention of nominal and real executive heads.

• Constitutional Position of Governor (Articles 153-159): Article 153 mandates a Governor for each state (the 7th Constitutional Amendment Act 1956 allows the same person to act as Governor for two or more states). Appointed by the President, the Governor holds office during the pleasure of the President and must be a citizen of India aged at least 35 years.
• Executive and Legislative Powers of Governor: All executive actions of the state are formally taken in the Governor's name (Article 166). Under Article 213, the Governor can promulgate ordinances when the state legislature is not in session, which must be approved by the legislature within 6 weeks of reassembly.
• Pardoning Power (Article 161): The Governor can grant pardons, reprieves, respites, and remissions of punishment relating to laws on subjects within the executive power of the state. Crucially, unlike the President, the Governor cannot pardon a death sentence (only the President possesses that power under Article 72) nor can they commute a court-martial sentence.
• Chief Minister and Council of Ministers (Articles 163-164): Article 163 provides for a Council of Ministers headed by the Chief Minister to aid and advise the Governor. The Chief Minister is appointed by the Governor; other ministers are appointed by the Governor on the advice of the CM. The total number of ministers, including the CM, cannot exceed 15% of the total strength of the State Legislative Assembly (91st Amendment Act 2003).
• Advocate General of the State (Article 165): The highest law officer in the state, appointed by the Governor. Must be qualified to be appointed as a judge of a High Court. Has the right to speak and take part in the proceedings of both houses of the legislature without the right to vote.

The state legislature consists of the Governor and one or two houses—Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad). Uttar Pradesh features a bicameral legislature.

• Composition of Legislative Assembly (Article 170): Vidhan Sabha is the popularly elected house (Lower House). Maximum strength is 500 and minimum is 60 (with exceptions like Sikkim, Mizoram, Goa). Uttar Pradesh has the largest assembly with 403 elected members.
• Composition of Legislative Council (Article 171): Vidhan Parishad is the Upper House (non-electable directly by public). Maximum strength cannot exceed 1/3rd of the total members of the Assembly, and minimum strength is 40 (UP has 100 members). Members are elected through complex functional electorates: local bodies, graduates, teachers, and MLAs, plus 1/6th nominated by the Governor.
• Creation or Abolition of Legislative Council (Article 169): Parliament can abolish or create a Legislative Council if the State Legislative Assembly passes a resolution to that effect by a special majority (absolute majority of total membership + 2/3rd members present and voting). This is not deemed a constitutional amendment under Article 368.
• Duration of Houses (Article 172): The Legislative Assembly is not a permanent body; its normal term is 5 years unless dissolved earlier by the Governor. The Legislative Council is a permanent body and not subject to dissolution; 1/3rd of its members retire every second year.
• Legislative Procedure & Money Bills (Articles 196-198): Ordinary bills can originate in either house. If a deadlock occurs in a bicameral state, there is NO provision for a joint sitting of the two houses; the Assembly's will ultimately prevails after a maximum delay of 4 months by the Council. Money Bills can only originate in the Legislative Assembly.