BPSC · Polity

Bihar Executive and Bihar Legislature

125 min read · Updated 5 Oct 2026

1. BPSC demand: distinguish office, power and responsibility

BPSC commonly turns short constitutional expressions into statement questions: Is the Governor part of the Legislature? To which House is the ministry responsible? Can the Council reject a Money Bill? Who decides whether a Bill is a Money Bill? How are Bihar's 75 Council seats distributed? The safest method is to identify who formally acts, on whose advice, before which House responsibility lies, and what constitutional limit applies.

Use one working chain: electorate → 243-member Assembly → majority support → Chief Minister and ministry → executive policy → Bill/budget before Legislature → scrutiny by Houses and committees → assent and implementation.

3. Governor: constitutional map

ArticleRuleExam clue
153There shall be a Governor for each State; one person may be Governor of two or more States.One person, multiple States is constitutionally possible.
154Executive power of the State is vested in the Governor and exercised directly or through subordinate officers according to the Constitution.Formal vesting is not personal presidential-style government.
155Governor is appointed by the President by warrant under hand and seal.Not directly or indirectly elected.
156Holds office during the President's pleasure; stated term is five years and continues until successor enters office.Five years is not an absolute security of tenure.
157Must be an Indian citizen and at least 35 years old.No requirement to be a Bihar resident.
159Oath is administered by the Chief Justice of the High Court exercising jurisdiction, or in absence, the senior-most available judge.Not administered by the Chief Minister.
161Pardoning power for offences against laws relating to matters within State executive power.Scope follows State executive field.

4. Nominal head and real executive

GovernorChief Minister and Council of Ministers
Constitutional head; executive action is formally expressed in the Governor's name.Political executive that formulates policy and ordinarily supplies aid and advice.
Appoints the Chief Minister and, on the Chief Minister's advice, other ministers.Must retain the confidence of the Legislative Assembly.
Summons, prorogues and may dissolve the Assembly under the Constitution.Cabinet normally decides the legislative programme and advises summoning or dissolution, subject to constitutional situations.
May require information from the Chief Minister under Article 167.Chief Minister communicates cabinet decisions and information and may have a ministerial decision placed before the Council.

5. Chief Minister and Council of Ministers

RulePrecise position
AppointmentGovernor appoints the Chief Minister; other ministers are appointed by the Governor on the Chief Minister's advice.
Collective responsibilityUnder Article 164(2), the Council of Ministers is collectively responsible to the Legislative Assembly, not to the Legislative Council.
SizeThe total number of ministers, including the Chief Minister, cannot exceed 15% of Assembly strength and cannot be below 12.
Bihar ceiling15% of 243 is 36.45; because membership cannot be fractional and cannot exceed the ceiling, the maximum is 36 ministers including the Chief Minister.
Non-memberA minister who is not a member of either State House for six consecutive months ceases to be a minister.
Bicameral consequenceThe Chief Minister or a minister may belong to either Bihar House, but the ministry survives only while it commands Assembly confidence.
Deputy Chief MinisterThe Constitution creates no separate office or special constitutional powers for a Deputy Chief Minister; legally the person is a minister.

7. Conduct of Bihar government business

ArticleOperational rule
166(1)All executive action of the State Government is expressed to be taken in the Governor's name.
166(2)Orders and instruments are authenticated in the manner specified by rules; properly authenticated validity cannot be questioned merely on the ground that it was not personally made by the Governor.
166(3)Governor makes rules for convenient transaction and allocation of State business, except where discretion is constitutionally required.
167Chief Minister must communicate ministerial decisions, provide information sought by Governor and, if required, place an individual minister's undecided matter before the Council.

8. Bihar Legislative Assembly: verified profile

FeaturePosition
Total constituencies243 single-member Assembly constituencies.
Reserved seats38 for Scheduled Castes and 2 for Scheduled Tribes under the current delimitation framework.
ElectionDirect election on universal adult suffrage using the first-past-the-post system.
Normal durationFive years from the date appointed for its first meeting, unless sooner dissolved; emergency extension is subject to Article 172.
Presiding officersSpeaker and Deputy Speaker, chosen by the Assembly under Article 178.
Political roleControls confidence, grants and Money Bills; ministry is collectively responsible to it.

9. Bihar Legislative Council: exact 75-member distribution

RouteSeatsWho elects or nominates?
Assembly members' constituencies27Members of the Bihar Legislative Assembly elect persons who are not themselves Assembly members.
Local-authority constituencies24Members of specified local authorities in the concerned constituencies.
Graduates' constituencies6Registered electors satisfying the statutory graduate-constituency conditions.
Teachers' constituencies6Registered electors satisfying the statutory teaching conditions.
Governor's nominations12Persons with special knowledge or practical experience in literature, science, art, co-operative movement or social service.
Total7563 elected + 12 nominated

10. Assembly and Council compared

PointVidhan SabhaVidhan Parishad
Democratic basisDirect territorial election.Indirect/functional constituencies plus nomination.
Minimum age for membership25 years.30 years.
DurationNormally five years; may be dissolved.Continuing House; not dissolved, about one-third retire every second year.
Presiding officerSpeaker.Chairman.
Government responsibilityMinistry is collectively responsible here.May scrutinise but cannot remove ministry through no-confidence.
Money BillOriginates only here; final authority over recommendations.May recommend within 14 days.
Ordinary BillCan ultimately override Council's delay through the Article 197 route.Can revise and delay, not exercise an absolute veto.
Joint sittingThe Constitution provides no joint sitting mechanism for resolving a deadlock in a State Legislature.

11. Membership, oath, voting and quorum

ArticleRule
173Citizenship and prescribed oath/affirmation are required; statutory minimum ages are 25 for Assembly and 30 for Council.
188A member makes oath or affirmation before taking the seat, before the Governor or a person appointed by the Governor.
189(1)Questions are normally decided by majority of members present and voting; presiding officer has a casting vote in equality, not an ordinary first vote.
189(3)Until State law otherwise provides, quorum is ten members or one-tenth of total membership, whichever is greater.
190–193Cover vacation of seats, disqualification decisions and penalty for sitting/voting without oath or when ineligible.

12. Presiding officers and House independence

HouseOfficesKey point
AssemblySpeaker and Deputy Speaker: Articles 178–181.Speaker regulates proceedings, interprets House rules and gives the final constitutional certificate on a State Money Bill under Article 199(3).
CouncilChairman and Deputy Chairman: Articles 182–185.They perform parallel presiding functions for the Council, but do not decide the Assembly's Money Bill certificate.
SecretariatsArticle 187 provides separate secretarial staff for State Legislature Houses, subject to constitutional/state-law arrangements.Legislative secretariat is institutionally distinct from executive departments.

13. Sessions, address and participation

ProvisionWhat it does
Article 174Governor summons and prorogues the Houses and may dissolve the Assembly; no more than six months may intervene between the last sitting of one session and first sitting of the next.
Article 175Governor may address either House or both assembled together and may send messages.
Article 176Special address at the first session after each general election to the Assembly and at the first session each year.
Article 177Ministers and Advocate-General may speak and otherwise participate in either House and its relevant committees, but this Article does not by itself give a right to vote.

15. Money Bill and Financial Bill: Bihar procedure

PointMoney BillOther Financial Bill
Constitutional basisArticles 198–199.Article 207 and the ordinary legislative provisions.
IntroductionOnly in Legislative Assembly and on Governor's recommendation.Rules differ by category; a Bill involving Article 207(1) matters cannot originate in Council and requires recommendation.
Council roleMay recommend amendments and must return within 14 days; Assembly may accept or reject any recommendation.For a non-Money Financial Bill, Council's role follows the applicable ordinary-Bill framework, subject to Article 207.
CertificationSpeaker's decision whether a Bill is a Money Bill is final under Article 199(3); certificate is endorsed when sent to Council or Governor.No Money Bill certificate.

16. Budget and financial control

StageConstitutional function
Annual Financial Statement — Article 202Estimated receipts and expenditure of the State are laid before the House or Houses.
Charged expenditureNot submitted to vote, though it may be discussed.
Demands for grants — Article 203Submitted to the Legislative Assembly; it may assent, refuse or reduce. A demand requires Governor's recommendation.
Appropriation Bill — Article 204Authorises withdrawal from the Consolidated Fund of the State for grants and charged expenditure.
Supplementary/additional/excess grants — Article 205Cover needs beyond or outside the original authorised provision.
Vote on account/credit/exceptional grant — Article 206Provides special financial authorisation in stated circumstances.

17. Governor's Ordinance power

Article 213 ruleMeaning
When availableWhen the State Legislature is not in session in the constitutional sense required by Article 213 and immediate action is considered necessary.
EffectOrdinance has the same force and effect as a State Act, subject to the Constitution.
Legislative controlIt must be laid before the Legislature and ordinarily ceases six weeks after reassembly; where Houses reassemble on different dates, time runs from the later date.
WithdrawalGovernor may withdraw it.
LimitsIt cannot be used to make provisions beyond State legislative competence; in constitutionally specified cases instructions from the President are needed.

18. How the Bihar Legislature controls the executive

DevicePurpose
QuestionsObtain information, expose delay or inconsistency and secure ministerial accountability.
Calling attention / short-duration discussionRaise urgent or important public matters under House rules.
Adjournment motionSeeks interruption of normal business for a definite urgent matter, subject to strict admissibility.
No-confidence motionTests whether the ministry retains Assembly support; it has no equivalent government-removing effect in the Council.
Budget debate and cut motionsScrutinise policy and expenditure before grants.
Government assurancesTrack commitments made by ministers on the floor.
Committee reportsEnable detailed, less time-constrained scrutiny of accounts, estimates, undertakings, privileges and administration.

19. Three financial committees

CommitteeMain lensMemory clue
Public Accounts CommitteeExamines public accounts and audit findings, including CAG reports referred to it.Was money spent lawfully and as authorised?
Estimates CommitteeExamines estimates, economy, efficiency and possible administrative improvement.How can proposed spending work better?
Committee on Public UndertakingsExamines State public undertakings within its remit and relevant audit material.How are public enterprises performing and governed?

20. Law-making support within Bihar government

InstitutionRole
Administrative departmentIdentifies policy need and prepares the substantive proposal.
Law DepartmentAdvises on Bills, drafting and vetting of Bills, Ordinances, rules, regulations, notifications and other legal instruments.
Parliamentary Affairs DepartmentCoordinates the government's legislative programme and business in both Houses.
CabinetProvides collective political approval for government legislative policy under business rules.
LegislatureDebates, amends where constitutionally permitted, passes or rejects the proposal.
Governor/PresidentPerforms the applicable constitutional assent or reservation role under Articles 200–201.

25. BPSC-style practice: exactly 20 MCQs