The State Executive is a fundamental concept and institution within the framework of Indian Polity, detailed in Part VI of the Constitution of India, specifically from Article 153 to 167. It was established with the Constitution's commencement on January 26, 1950, to create a responsible executive machinery at the state level, mirroring the parliamentary system of the Union Executive.
The State Executive comprises the Governor, the Chief Minister (CM), the Council of Ministers (COM), and the Advocate General of the State. The Governor is the nominal or constitutional head, with the executive power formally vested in them by Article 154. However, the CM and the COM are the de facto executive authority.
The mechanism is governed by key provisions: Article 163 mandates the COM, headed by the CM, to aid and advise the Governor, except in matters where the Constitution requires the Governor to act in their discretion. Article 164 states that the CM is appointed by the Governor, and the other Ministers are appointed on the CM's advice. The COM is held to the principle of collective responsibility to the State Legislative Assembly, as per Article 164(2).
A significant change was introduced by the 91st Constitutional Amendment Act, 2003, which capped the total number of ministers, including the CM, at 15 per cent of the total strength of the Legislative Assembly, while setting a minimum of 12 ministers. The relationship between the Governor and the elected government is often tested, with the Supreme Court ruling in S.R. Bommai v. Union of India (1994) that the CM's majority must be proven on the floor of the Assembly. More recently, a Supreme Court ruling (2025-11-21) clarified that while a Governor cannot indefinitely withhold assent to a Bill under Article 200, courts cannot impose fixed timelines for the Governor's action.