Uttar Pradesh: Constitutional Polity and Local Government
2. Chief Minister and Council of Ministers
The Governor appoints the Chief Minister and, on his advice, the other ministers. The Council of Ministers is collectively responsible to the Legislative Assembly (Article 164(2)), not to the Council. A minister who is not a legislator for six consecutive months ceases to be a minister (Article 164(4)). The 91st Amendment (2003) caps the ministry, including the Chief Minister, at 15 per cent of the Assembly's strength, with a floor of twelve (Article 164(1A)). For a 403-member Assembly, 15 per cent is 60.45, so the ceiling is 60. A member disqualified for defection under the Tenth Schedule cannot be a minister (Article 164(1B)). The Chief Minister must also keep the Governor informed of the Council's decisions (Article 167).
3. The Vidhan Sabha and the Vidhan Parishad
| Feature | Vidhan Sabha | Vidhan Parishad |
|---|---|---|
| Strength | 403, fixed after the 2000 reorganisation (Article 170) | 100 since 2000 (108 before) |
| Composition | Directly elected; 84 seats reserved for SC and 2 for ST | 38 by MLAs, 36 by local bodies, 8 graduates, 8 teachers, 10 nominated by the Governor |
| Term | Five years unless dissolved (Article 172) | Permanent House; one-third retire every two years |
| Presiding officer | Speaker (Article 178) | Chairman (Article 182) |
An ordinary Bill may start in either House (Article 196). If the Council rejects it, delays it for three months or amends it, the Assembly may pass it again; if the Council does not pass it within one month, it is deemed passed by both Houses (Article 197). A Money Bill is introduced only in the Assembly on the Governor's recommendation; the Council may recommend changes within 14 days, which the Assembly may accept or reject (Article 198). The Speaker's certificate that a Bill is a Money Bill is final (Article 199). The Council can be created or abolished by Parliament on a resolution of the Assembly passed by a special majority (Article 169).
4. Centre-State links and the State's money
Under the Seventh Schedule, a State law on a Concurrent subject that conflicts with a Union law survives in Uttar Pradesh only if the President has assented to it (Article 254(2)). The State executes Union laws and must obey Union directions (Articles 256 and 257). Tax devolution is recommended by a Finance Commission every five years (Article 280), and coordination runs through the Inter-State Council (Article 263) and the Central Zonal Council, a statutory advisory body under the States Reorganisation Act, 1956, which groups Uttar Pradesh with Madhya Pradesh, Chhattisgarh and Uttarakhand. The Uttar Pradesh Reorganisation Act, 2000 created Uttarakhand on 9 November 2000 and reduced Uttar Pradesh's Lok Sabha seats from 85 to 80 and its Rajya Sabha seats from 34 to 31.
| Fund | Article | What it holds |
|---|---|---|
| Consolidated Fund | 266(1) | All revenues and loans; money leaves only under an appropriation law |
| Public Account | 266(2) | Other public money, such as deposits; paid out without an appropriation law |
| Contingency Fund | 267(2) | An imprest from which the Governor advances money for urgent, unforeseen spending |
The Governor causes the Annual Financial Statement to be laid before the Assembly (Article 202). Charged expenditure, such as the salaries of the Speaker and of High Court judges, is discussed but not voted; every other item is a demand for a grant on which only the Assembly votes (Article 203). The Comptroller and Auditor General audits the State's accounts (Article 149), and his report goes to the Governor, who lays it before the legislature (Article 151(2)).
5. The High Court and the Advocate General
The court sits as the High Court of Judicature at Allahabad. Letters Patent dated 17 March 1866 set it up at Agra for the North-Western Provinces; it moved to Allahabad in 1869, and a supplementary Letters Patent of 1919 gave it its present title. Separately, the Oudh Chief Court at Lucknow was constituted in 1925 under the Oudh Civil Courts Act. The United Provinces High Courts (Amalgamation) Order, 1948 merged the two and required judges to sit at Lucknow, so the Lucknow Bench is a permanent bench of the same court, not a separate High Court. Its jurisdiction over Uttarakhand ended with the 2000 reorganisation. Judges retire at 62 (Article 217).
- Writs (Article 226): wider than the Supreme Court's power, since a High Court can issue writs for any fundamental right and for any other purpose.
- Supervision (Articles 227 and 235): superintendence over all courts and tribunals in the State. District judges are appointed by the Governor in consultation with the High Court (Article 233).
The Advocate General is appointed by the Governor from persons qualified to be High Court judges, holds office during the Governor's pleasure and may speak, but not vote, in either House and its committees (Articles 165 and 177).
6. State bodies and official language
| Body | Basis | What to remember |
|---|---|---|
| Public Service Commission (UPPSC) | Articles 315-323 | Set up at Allahabad (now Prayagraj) on 1 April 1937 under the Government of India Act, 1935; members serve six years or until 62 |
| State Election Commission | Articles 243K and 243ZA | Runs Panchayat and municipal elections; the Assembly and Council polls belong to the Election Commission of India |
| State Human Rights Commission | Section 21, Protection of Human Rights Act, 1993 | Statutory, not constitutional |
Official language. Article 345 lets a State legislature adopt its official language. The Uttar Pradesh Official Language Act, 1951 made Hindi in Devanagari the official language. The 1989 amendment inserted a new Section 3 making Urdu a second official language for purposes the Government notifies. In U.P. Hindi Sahitya Sammelan v. State of U.P. (4 September 2014), a five-judge Bench upheld it, holding that the Article 345 power can be used from time to time.
Political parties. Parties are registered and recognised by the Election Commission of India under the Election Symbols (Reservation and Allotment) Order, 1968. In the 2022 Assembly election, held for all 403 seats, the BJP won 255 and the Samajwadi Party 111, according to the results the Election Commission declared on 10 March 2022.
7. Panchayati Raj and urban local government
The 73rd Amendment added Part IX (Articles 243 to 243O) and the Eleventh Schedule; the 74th Amendment added Part IXA (Articles 243P to 243ZG) and the Twelfth Schedule. Both took effect in 1993. Key rules: a Panchayat or municipality has a five-year term; seats and offices are reserved for SC and ST in proportion to population, and at least one-third for women (Article 243D). The chairperson of an intermediate or district Panchayat is chosen by and from the elected members (Article 243C(5)); at village level the State law decides. Finance is reviewed by a State Finance Commission every five years (Articles 243I and 243Y).
| Body | Law | Head and how chosen |
|---|---|---|
| Gram Panchayat | U.P. Panchayat Raj Act, 1947 | Pradhan, directly elected by village voters |
| Kshettra Panchayat (block) | U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 | Pramukh, elected by the elected members (Section 7) |
| Zila Panchayat (district) | Same 1961 Act | Adhyaksh, elected by the elected members (Section 19) |
| Nagar Nigam (city corporation) | Municipal Corporation law, 1959 | Mayor, directly elected; Municipal Commissioner is the executive head |
In the May 2023 civic polls voters directly chose mayors of 17 Nagar Nigams. Because Article 243C(5) fixes indirect election for the intermediate and district Panchayat heads, direct election of the Kshettra Pramukh or Zila Adhyaksh would first need a constitutional amendment.
8. Public policy and rights
The State's public-service quotas rest on Articles 15(4), 16(4) and 16(6) and on the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, whose Section 3 reserves 21 per cent of direct recruitment for SC, 2 per cent for ST and 27 per cent for OBC. The Act (UP Act 4 of 1994) is deemed in force from 11 December 1993; Section 3(1) in its present form was substituted by the amendments of 2001 and 2002 (Acts 21 of 2001 and 1 of 2002), and a further amendment came in 2013 (Act 1 of 2013). The economically weaker sections quota of 10 per cent comes from the 103rd Amendment (2019); the 50 per cent ceiling comes from Indra Sawhney (1992). A rights grievance can go to the High Court under Article 226 even where the right is a statutory one, or to the State Human Rights Commission against abuse by public servants.
Key takeaways
- The Governor is appointed by the President, is sworn in by the Allahabad High Court's Chief Justice and acts on ministerial advice; the Chancellorship of State universities is statutory.
- The ministry answers to the 403-member Assembly alone; the 91st Amendment caps it at 15 per cent of the Assembly, which is 60 for Uttar Pradesh.
- The 100-member Vidhan Parishad can delay an ordinary Bill by three and then one month, and only recommends on Money Bills.
- The High Court dates from Letters Patent of 17 March 1866; the Oudh Chief Court merged into it in 1948, producing the Lucknow Bench.
- Panchayat and municipal elections belong to the State Election Commission; the Kshettra Pramukh and Zila Adhyaksh are indirectly elected under Article 243C(5).
- State service quotas are 21, 2 and 27 per cent for SC, ST and OBC under the 1994 Act.
Practice questions (18)
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.
Under the Constitution, who administers the oath of office to the Governor of Uttar Pradesh?
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Answer: B — The Chief Justice of the Allahabad High Court
Article 159 gives the oath of the Governor to the Chief Justice of the High Court of the State, so in Uttar Pradesh it is the Chief Justice of the Allahabad High Court. The Chief Justice of India is the tempting answer because that office administers the President's oath, but the Governor's oath belongs to the State's own High Court.Under the Constitution, how many of the 100 members of the Uttar Pradesh Vidhan Parishad are nominated by the Governor?
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Answer: D — Ten
Ten members are nominated by the Governor, from persons with special knowledge in literature, science, art, the co-operative movement and social service. The eight seats for graduates and the eight for teachers are elected, not nominated, and the thirty-six are elected by local authorities, so each of those numbers is a tempting but wrong answer.Consider the following statements about a Money Bill passed by the Uttar Pradesh legislature.
P. It may be introduced in the Vidhan Parishad on the Governor's recommendation.
Q. The Council may suggest amendments within fourteen days of receiving it.
R. The Assembly may accept or reject the Council's suggested amendments.
S. The Speaker's certificate that a Bill is a Money Bill may be reviewed by the Council.
Which of the statements are correct?Show answer
Answer: A — Q and R only
Only Q and R are correct. A Money Bill is introduced only in the Assembly, not the Council (Article 198), so P is wrong. The Speaker's certificate is final (Article 199), so S is wrong. The fourteen-day window for Council suggestions and the Assembly's power to accept or reject them are correct.Under the 91st Amendment, with the Assembly at its full strength of 403 members, the Council of Ministers of Uttar Pradesh, including the Chief Minister, may not exceed how many members?
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Answer: C — Sixty
Fifteen per cent of 403 is 60.45, and the Constitution caps the ministry at a figure not exceeding fifteen per cent, so the maximum is 60. Sixty-one is the tempting answer because it rounds up, which the cap does not allow. Forty and fifty do not match the ceiling.Who was the first woman to become Chief Minister of Uttar Pradesh, serving from 1963 to 1967?
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Answer: A — Sucheta Kripalani
Sucheta Kripalani led the State from 1963 to 1967 and was the first woman to head a State government in India. Sarojini Naidu was a Governor of the United Provinces from 1947 to 1949, not a Chief Minister, so the candidate who confuses the two offices will pick her.Which of the following is NOT a power of the Governor of Uttar Pradesh under the Constitution?
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Answer: B — Dissolving the Vidhan Parishad, which is a permanent House
The Vidhan Parishad is a permanent House that is not subject to dissolution (Article 172(2)), so the Governor cannot dissolve it. The other three are real Governor powers: summoning the Assembly and proroguing it (Article 174), promulgating Ordinances when the House is not in session (Article 213) and causing the Annual Financial Statement to be laid (Article 202). The trap is that the Governor may dissolve the Assembly under Article 174, which tempts candidates to assume the same for the Council.A non-Money Bill passed by the Assembly is sent to the Vidhan Parishad, which rejects it. The Assembly passes the same Bill again in the same form. The Council does not pass the re-passed Bill within one month. What follows?
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Answer: D — It is deemed passed by both Houses in the form the Assembly passed it the second time
Under Article 197, once the Assembly passes the Bill again and the Council fails to pass it within one month, the Bill is deemed passed by both Houses in the form the Assembly passed it the second time. A joint sitting under Article 108 exists only for Parliament, not for a State legislature.Which description of the Lucknow Bench of the Allahabad High Court is correct?
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Answer: C — A permanent bench of the same High Court, arising from the 1948 Amalgamation Order
The Lucknow Bench is a permanent bench of the same High Court, and the 1948 Amalgamation Order merged the Oudh Chief Court into it. The Oudh Chief Court no longer exists under its old name, and the bench does not sit only for a month, which is why the separate-court and circuit-bench options fail.Arrange the following events of the Allahabad High Court's history in the order in which they occurred.
P. Letters Patent establishing the court at Agra.
Q. Supplementary Letters Patent changing its title to High Court of Judicature at Allahabad.
R. Constitution of the Oudh Chief Court at Lucknow.
S. The United Provinces High Courts (Amalgamation) Order.Show answer
Answer: B — P, Q, R, S
The order is P (Letters Patent, 17 March 1866), Q (supplementary Letters Patent, 1919), R (Oudh Chief Court, 1925) and S (Amalgamation Order, 1948). The 1919 renaming comes before the Oudh court, so R cannot precede Q.Under the Constitution, who may remove a member of the Uttar Pradesh Public Service Commission?
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Answer: A — The President, after a Supreme Court inquiry reports misbehaviour
Article 317 vests removal in the President, and only for misbehaviour after the Supreme Court inquires and reports. The Governor appoints members but cannot remove them, which is why the Governor option is wrong even though the Governor is the appointing authority.Consider the following statements about the Uttar Pradesh Public Service Commission.
P. Its members are appointed by the Governor.
Q. A member serves until the age of 65.
R. The President may remove a member without a Supreme Court inquiry if the member is declared insolvent.
S. A former member may be reappointed to the same Commission after the term ends.
Which of the statements are correct?Show answer
Answer: D — P and R only
Only P and R are correct. Q is wrong because a State Commission member serves until 62, not 65, and S is wrong because a member cannot be reappointed after the term. R reflects the Article 317 exception for insolvency, which needs no inquiry.Which amendment inserted a new Section 3 into the Uttar Pradesh Official Language Act, 1951, making Urdu a second official language for purposes notified by the State Government?
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Answer: C — The UP Official Language (Amendment) Act, 1989
The 1989 amendment took effect on 7 October 1989 and added Section 3 to the 1951 Act. The original Act made only Hindi the official language, so it cannot be the answer. The Supreme Court upheld the amendment on 4 September 2014.Under the Constitution, how is the chairperson of a Kshettra Panchayat (intermediate level) chosen?
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Answer: B — Elected by and from the elected members of the Kshettra Panchayat
Article 243C(5) requires the chairperson of an intermediate or district Panchayat to be elected by and from the elected members. In Uttar Pradesh, Section 7 of the 1961 Act applies this to the Pramukh. The village Pradhan, by contrast, is directly elected, which is why the direct-election option is tempting.Consider the following statements about local self-government in Uttar Pradesh.
P. Article 243D requires at least one-third of directly elected seats in each Panchayat to be reserved for women.
Q. The State Finance Commission is constituted by the Governor at the expiry of every fifth year.
R. The village Pradhan is elected under the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961.
S. In the 2023 municipal elections the mayors of the Nagar Nigams were chosen by the councillors.
Which of the statements are correct?Show answer
Answer: A — P and Q only
Only P and Q are correct. The one-third reservation for women and the five-yearly State Finance Commission are constitutional provisions (Articles 243D and 243I). R is wrong because the village Pradhan's election is governed by the 1947 Act, not the 1961 Act. S is wrong because in 2023 voters chose the mayors directly.Under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, what percentage of direct recruitment is reserved for Other Backward Classes?
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Answer: C — 27 per cent
The Act's Section 3 reserves 21 per cent for SC, 2 per cent for ST and 27 per cent for OBC. The 21 per cent is the SC share, and 50 per cent is the overall ceiling set for all reservations together by the Supreme Court in Indra Sawhney (1992).Under which Central statute is the State Human Rights Commission of Uttar Pradesh constituted?
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Answer: B — The Protection of Human Rights Act, 1993
The State Human Rights Commission is a statutory body under Section 21 of the Protection of Human Rights Act, 1993. Article 226 gives High Courts their writ power, not the commission. The Lokayukta Act is a State law, and the RTI Act governs information commissions.Consider the following statements about the Central Zonal Council, which includes Uttar Pradesh.
P. It was set up under the States Reorganisation Act, 1956.
Q. The Chief Minister of Uttar Pradesh chairs it in rotation.
R. Its basis is Article 263 of the Constitution.
S. Uttarakhand is one of its member States.
Which of the statements are correct?Show answer
Answer: D — P and S only
Only P and S are correct. The Zonal Councils were set up under the States Reorganisation Act, 1956, and Uttarakhand is a member State. Q is wrong because the Union Home Minister chairs them, and R is wrong because Article 263 concerns the Inter-State Council, a different body.After Uttarakhand was carved out of Uttar Pradesh with effect from 9 November 2000, how many Lok Sabha seats did Uttar Pradesh hold?
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Answer: C — 80
Undivided Uttar Pradesh had 85 Lok Sabha seats, and Uttarakhand took five of them, leaving 80. The Rajya Sabha seats fell from 34 to 31 by the same reorganisation. The figure 85 is the pre-2000 total, which is why it is tempting.