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
Article
Rule
Exam clue
153
There shall be a Governor for each State; one person may be Governor of two or more States.
One person, multiple States is constitutionally possible.
154
Executive 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.
155
Governor is appointed by the President by warrant under hand and seal.
Not directly or indirectly elected.
156
Holds 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.
157
Must be an Indian citizen and at least 35 years old.
No requirement to be a Bihar resident.
159
Oath 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.
161
Pardoning power for offences against laws relating to matters within State executive power.
Scope follows State executive field.
4. Nominal head and real executive
Governor
Chief 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
Rule
Precise position
Appointment
Governor appoints the Chief Minister; other ministers are appointed by the Governor on the Chief Minister's advice.
Collective responsibility
Under Article 164(2), the Council of Ministers is collectively responsible to the Legislative Assembly, not to the Legislative Council.
Size
The total number of ministers, including the Chief Minister, cannot exceed 15% of Assembly strength and cannot be below 12.
Bihar ceiling
15% 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-member
A minister who is not a member of either State House for six consecutive months ceases to be a minister.
Bicameral consequence
The Chief Minister or a minister may belong to either Bihar House, but the ministry survives only while it commands Assembly confidence.
Deputy Chief Minister
The 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
Article
Operational 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.
167
Chief 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
Feature
Position
Total constituencies
243 single-member Assembly constituencies.
Reserved seats
38 for Scheduled Castes and 2 for Scheduled Tribes under the current delimitation framework.
Election
Direct election on universal adult suffrage using the first-past-the-post system.
Normal duration
Five years from the date appointed for its first meeting, unless sooner dissolved; emergency extension is subject to Article 172.
Presiding officers
Speaker and Deputy Speaker, chosen by the Assembly under Article 178.
Political role
Controls confidence, grants and Money Bills; ministry is collectively responsible to it.
9. Bihar Legislative Council: exact 75-member distribution
Route
Seats
Who elects or nominates?
Assembly members' constituencies
27
Members of the Bihar Legislative Assembly elect persons who are not themselves Assembly members.
Local-authority constituencies
24
Members of specified local authorities in the concerned constituencies.
Graduates' constituencies
6
Registered electors satisfying the statutory graduate-constituency conditions.
Teachers' constituencies
6
Registered electors satisfying the statutory teaching conditions.
Governor's nominations
12
Persons with special knowledge or practical experience in literature, science, art, co-operative movement or social service.
Total
75
63 elected + 12 nominated
10. Assembly and Council compared
Point
Vidhan Sabha
Vidhan Parishad
Democratic basis
Direct territorial election.
Indirect/functional constituencies plus nomination.
Minimum age for membership
25 years.
30 years.
Duration
Normally five years; may be dissolved.
Continuing House; not dissolved, about one-third retire every second year.
Presiding officer
Speaker.
Chairman.
Government responsibility
Ministry is collectively responsible here.
May scrutinise but cannot remove ministry through no-confidence.
Money Bill
Originates only here; final authority over recommendations.
May recommend within 14 days.
Ordinary Bill
Can ultimately override Council's delay through the Article 197 route.
Can revise and delay, not exercise an absolute veto.
Joint sitting
The Constitution provides no joint sitting mechanism for resolving a deadlock in a State Legislature.
11. Membership, oath, voting and quorum
Article
Rule
173
Citizenship and prescribed oath/affirmation are required; statutory minimum ages are 25 for Assembly and 30 for Council.
188
A 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.
190–193
Cover vacation of seats, disqualification decisions and penalty for sitting/voting without oath or when ineligible.
12. Presiding officers and House independence
House
Offices
Key point
Assembly
Speaker 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).
Council
Chairman and Deputy Chairman: Articles 182–185.
They perform parallel presiding functions for the Council, but do not decide the Assembly's Money Bill certificate.
Secretariats
Article 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
Provision
What it does
Article 174
Governor 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 175
Governor may address either House or both assembled together and may send messages.
Article 176
Special address at the first session after each general election to the Assembly and at the first session each year.
Article 177
Ministers 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
Point
Money Bill
Other Financial Bill
Constitutional basis
Articles 198–199.
Article 207 and the ordinary legislative provisions.
Introduction
Only 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 role
May 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.
Certification
Speaker'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
Stage
Constitutional function
Annual Financial Statement — Article 202
Estimated receipts and expenditure of the State are laid before the House or Houses.
Charged expenditure
Not submitted to vote, though it may be discussed.
Demands for grants — Article 203
Submitted to the Legislative Assembly; it may assent, refuse or reduce. A demand requires Governor's recommendation.
Appropriation Bill — Article 204
Authorises withdrawal from the Consolidated Fund of the State for grants and charged expenditure.
Cover needs beyond or outside the original authorised provision.
Vote on account/credit/exceptional grant — Article 206
Provides special financial authorisation in stated circumstances.
17. Governor's Ordinance power
Article 213 rule
Meaning
When available
When the State Legislature is not in session in the constitutional sense required by Article 213 and immediate action is considered necessary.
Effect
Ordinance has the same force and effect as a State Act, subject to the Constitution.
Legislative control
It 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.
Withdrawal
Governor may withdraw it.
Limits
It 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
Device
Purpose
Questions
Obtain information, expose delay or inconsistency and secure ministerial accountability.
Calling attention / short-duration discussion
Raise urgent or important public matters under House rules.
Adjournment motion
Seeks interruption of normal business for a definite urgent matter, subject to strict admissibility.
No-confidence motion
Tests whether the ministry retains Assembly support; it has no equivalent government-removing effect in the Council.
Budget debate and cut motions
Scrutinise policy and expenditure before grants.
Government assurances
Track commitments made by ministers on the floor.
Committee reports
Enable detailed, less time-constrained scrutiny of accounts, estimates, undertakings, privileges and administration.
19. Three financial committees
Committee
Main lens
Memory clue
Public Accounts Committee
Examines public accounts and audit findings, including CAG reports referred to it.
Was money spent lawfully and as authorised?
Estimates Committee
Examines estimates, economy, efficiency and possible administrative improvement.
How can proposed spending work better?
Committee on Public Undertakings
Examines State public undertakings within its remit and relevant audit material.
How are public enterprises performing and governed?
20. Law-making support within Bihar government
Institution
Role
Administrative department
Identifies policy need and prepares the substantive proposal.
Law Department
Advises on Bills, drafting and vetting of Bills, Ordinances, rules, regulations, notifications and other legal instruments.
Parliamentary Affairs Department
Coordinates the government's legislative programme and business in both Houses.
Cabinet
Provides collective political approval for government legislative policy under business rules.
Legislature
Debates, amends where constitutionally permitted, passes or rejects the proposal.
Governor/President
Performs the applicable constitutional assent or reservation role under Articles 200–201.