State Legislature

Article 168 - 212

Part VI of the Constitution is concerned with the State Legislature. It comprises state legislature and
executives. Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration,
officers, procedures, privileges, powers of the state legislature.
Bicameral and Unicameral States
In some of the States, the Legislature shall consist of two Houses - the Legislative Assembly and the Legislative
Council. While in the rest of the states, there shall be only one House - Legislative assembly.
The constitution provides for the abolition of the second chamber in a state where it exists as well as for the
creation of such a chamber in a state where there is none at present. The State Legislature which has only one
House is known as the Legislative Assembly (Vidhan Sabha) and in the State which has two houses, the Upper
House is known as the Legislative Council (Vidhan Parishad) and the lower House is known as the Legislative
Assembly (Vidhan Sabha). The States having two Houses are Bihar, Maharashtra, Karnataka, Andhra Pradesh,
Telangana and Uttar Pradesh.
Legislative Assembly - The Legislative Assembly is the popularly elected chamber and is the real Centre of
power in a State. The maximum strength of an assembly must not exceed 500 or its minimum strength fall below
60. But some of the States have been allowed to have smaller Legislative Assemblies, e.g. Sikkim, Arunachal
Pradesh, Goa, etc.
The territorial constituencies demarcation should be done as far as possible, such that the ratio between the
population of each constituency and the number of seats allotted to it is the same all over the State. Apart from
these general provisions, there are also special provisions with respect to the representation of SC and ST. In case
the Governor feels that the Anglo-Indian community is not adequately represented, he can nominate one member
of that community to the assembly.
Legislative Council - The Legislative Council of a State Comprises not more than one-third of the total number
of members in the Legislative Assembly of the State and in no case less than 40 members. The system of the
composition of the Council as provided for in the Constitution is not final. The final power is given to the
Parliament of the Union.
Duration of Legislative Assembly & Legislative Council
The duration of the Legislative Assembly is five years. The Governor has the power to dissolve the
Assembly even before the expiry of its term. The period of five years, may, while a proclamation of
emergency is in operation, be extended by the Parliament by law for a period not exceeding one year
at a time.
Legislative Council will be a partly nominated and partly elected body, the election being an indirect
one and in accordance with the principle of proportional representation by the single transferable vote.
Unlike the Legislative Assembly, the Legislative Council is not subject to dissolution. It is a permanent
body unless abolished by the Legislative Assembly and Parliament by the due procedure. But no
person can be a permanent member of the Council as one-third of the members of the Council retire on
the expiry of every second year. It amounts to a term of six years for each member.
The members being drawn from various sources. Broadly speaking 5/6 of the total number of
members of the Council shall be indirectly elected and 1/6 will be nominated.
(a) One-third of the total number of members of the Council would be elected by electorates consisting
of members of local bodies like the municipalities and the district boards.
(b) One-twelfth of the members are elected by electorates comprising of graduates of the standing of
three years dwelling in that particular state.
(c) One-twelfth of the members are elected by electorates consisting of teachers who have been in the
teaching profession for at least 3 years in educational institutes in that state, which are not lower than
secondary schools in the standard.
(d) One-third are elected by members of the Legislative Assembly from amongst people who are not
Assembly members.
(e) The rest would be nominated by the Governor from persons having knowledge or practical
experience in matters like science, literature, cooperative movement, art and social service.
Qualifications of Members of Legislative Assembly

A person shall be qualified to be selected to occupy a seat in the Legislature of a State if

(a) He is an Indian citizen.

(b) His age is 25 years or above for Legislative Assembly, and 30 or above for Legislative Council.

(c) He possess such other qualifications as may be prescribed by the Parliament.

Facts about Speaker & Deputy Speaker:

1. The duties and powers of the Speaker are almost similar to the Speaker of the Lok Sabha.

2. He may resign his office at any time.

3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of all the then

members of the Assembly after fourteen day’s notice of the intention to move such a resolution.

4. Speaker does not vacate his office on the dissolution of the Assembly.

5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the dissolution.

6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.
Facts about Chairman & Deputy Chairman:

1. The Council chooses from amongst its members a Chairman and a Deputy Chairman.

2. They may be removed by a resolution of the Council passed by a majority of all the members of the
Council, provided fourteen day’s notice to move such resolution of removal has been given.

3. The Chairman presides at all sittings of the Council and in his absence the Deputy Chairman.

4. While the office of the Chairman is vacant, the duties of his office are performed by the Deputy
Chairman. If the office of the Deputy Chairman is also vacant, such member of the Council as the
Governor may appoint shall perform all such duties connected with the office of the Chairman.
Powers & Functions of State Legislature
The functions of the state’s Legislative Council are only advisory in nature. If any Bill is passed by the
Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the
Assembly has the right to reconsider it. The assembly may pass it with or without the amendments
proposed by the Council, and again send it to the Council. When a bill approved by the Assembly is
sent to the Council for the first time, it may retain it for three months, but in the case when it is sent for
the second time and is kept in the Council for one month only. In the case of Money Bills, the State
Assembly’s powers are the same as those of the Lok Sabha.
(1) All the LC can do is delay the passing of a money bill by 14 days, a non-money bill by 3 months or
a non-money bill that is sent back to it with recommendations by 1 month.
(2) There is no provision in the Constitution for a joint sitting of the State Legislature. It is to be noted
that while the Vidhan Sabha can override the Vidhan Parishad, the vice versa is never possible.
(3) The LC members do not participate in the election of the President of the country. They do not
have any meaningful role in a constitutional amendment.
The Legislature of a State implies its Legislative Assembly which possesses the following major powers and
functions:

(1) It can create laws on any subject in the State List; it can also create laws on the Concurrent List provided the
law does not contradict or conflict any law already made by the Parliament.

(2) The Assembly asserts control over the Council of Ministers. Assembly members can question the ministers,
move motions and resolutions, and also pass a vote of censure in order to dismiss the state government.

(3) The Assembly controls the State’s finances. A money Bill can emerge from the Assembly and it is considered
passed by the Legislative Council after a lapse of fourteen days after reference made to it by the Sabha. It
could reject or pass the grants or reduce their amount indicating rejection or adoption of the budget and hence,
implying victory or defeat of the State Government.

(4) The Assembly has constituent powers. With reference to Article 368, certain Bills of Constitutional
amendment after being passed by the Parliament would be referred to the States for the process of ratification.
In these cases, the Vidhan Sabha has a role to play. It should give its judgement by passing a resolution by a
simple majority indicating approval or disapproval of the said Bill.
Some other powers of the State Assembly are as under:
(a) It elects its Speaker as well as Deputy Speaker. It can also remove them by a no-confidence vote.
(b) It participates in the election of India’s President.
(c) It also considers reports presented by agencies such as the Auditor-General, State Public Service Commission,
and others.
Limitations on the powers of State Legislature
(i) Certain types of Bills cannot be moved in the State Legislature without the previous sanction of the President
of India.
(ii) Certain Bills passed by the State Legislature cannot become operative until they receive the President’s assent
after having been reserved for his consideration by the Governor.
(iii) The Constitution empowers Parliament to frame laws on subjects included in the State List if the Council of
States declares that it is necessary and expedient in the national interest that Parliament should Legislate on
these subjects.
(iv) Parliament can exercise the power to make laws for the whole or any part of the territory of India with respect
to any of the matters enumerated in the State List, while a Proclamation of emergency is in operation.