TABLE OF CONTENTS
- Introduction
- Constitutional Basis
- Types of State Legislatures
- State Legislative Assembly (Vidhan Sabha)
- Composition
- Election
- Term
- Qualifications & Disqualifications
- Presiding Officers
- Powers & Functions
- State Legislative Council (Vidhan Parishad)
- Composition
- Election
- Qualifications
- Powers & Functions
- Comparison: Legislative Assembly vs Legislative Council
- Legislative Procedure in States
- Privileges of State Legislatures
- Summoning, Adjournment, and Sessions
- Law-Making Powers: State List vs Concurrent List
- Tussle with Governor
- Committees of State Legislature
- Abolition or Creation of Legislative Councils
- Summary
1. Introduction
The State Legislature in India mirrors the national Parliament but at the state level.
It is responsible for making laws on subjects under the State List and Concurrent List of the Constitution.
Some states have bicameral legislatures, while most have unicameral legislatures.
2. Constitutional Basis
State Legislatures derive powers from:
- Articles 168–212 of the Constitution
- Seventh Schedule (State List + Concurrent List)
- Legislative procedure similar to Parliament (Articles 196–201)
3. Types of State Legislatures
A. Unicameral Legislature (1 House – Vidhan Sabha)
Most Indian states follow this system.
B. Bicameral Legislature (2 Houses – Vidhan Sabha + Vidhan Parishad)
As per Article 168, these states currently have bicameral legislatures:
- Karnataka
- Maharashtra
- Uttar Pradesh
- Bihar
- Telangana
- Andhra Pradesh (status fluctuating; abolition proposal pending)
4. STATE LEGISLATIVE ASSEMBLY (VIDHAN SABHA)
A. Composition (Article 170)
- Minimum strength: 60 members
- Maximum strength: 500 members
- Exceptionally small states may have fewer than 60 members:
- Goa (40)
- Mizoram (40)
- Sikkim (32)
Nominated Member
- Governor may nominate 1 Anglo-Indian if community is not adequately represented (Article 333).
- Abolished by 104th Constitutional Amendment, 2019.
B. Election
- Direct elections on basis of universal adult suffrage (18 years).
- Delimitation of constituencies by Delimitation Commission.
C. Term (Article 172)
- 5 years unless dissolved earlier.
- Can be extended during Emergency:
- By 1 year at a time, not exceeding 6 months after Emergency ends.
D. Qualifications (Article 173)
- Citizen of India
- At least 25 years of age
- Other qualifications prescribed by Parliament
- Must not hold office of profit
- Not declared insolvent
- Not of unsound mind
E. Disqualifications
Based on:
- Articles 191 & 192
- Tenth Schedule (Anti-defection law)
- Office of profit
- Conviction under major crimes
- Decision on disqualification: Governor acts on EC’s advice
F. Presiding Officers
Speaker
- Elected by Assembly
- Maintains order and discipline
- Decides on disqualification under Tenth Schedule
- Final interpreter of rules
Deputy Speaker
- Acts in absence of Speaker
G. Powers & Functions of Legislative Assembly
1. Legislative Powers
- Makes laws on State List (e.g., police, agriculture, health)
- Also on Concurrent List (shared with Parliament)
- Can pass Money Bills
2. Financial Powers
- Only Assembly can introduce Money Bills
- Controls state budget
- No tax can be imposed without law passed by Assembly
3. Executive Control
- Chief Minister & Council of Ministers collectively responsible to Assembly
- Can bring:
- No-confidence motion
- Adjournment motion
- Cut motion
4. Electoral Functions
- Participates in election of President (proportional voting).
- Nominates members to Rajya Sabha.
5. STATE LEGISLATIVE COUNCIL (VIDHAN PARISHAD)
Exists in only 6 states.
A. Composition (Article 171)
- Not more than 1/3 of strength of Assembly
- Not less than 40 members
Members are elected as follows:
- 1/3 – Elected by MLAs
- 1/3 – Elected by local bodies
- 1/12 – Elected by teachers
- 1/12 – Elected by graduates
- 1/6 – Nominated by Governor (arts, literature, science, social service)
B. Qualifications
- Citizen of India
- Minimum age: 30 years
- Not holding an office of profit
- Sound mind
- Not insolvent
C. Powers & Functions
Legislative Powers
- Can initiate ordinary bills
- Can delay bills of Assembly up to 4 months (maximum)
Money Bills
- Cannot be introduced in Council
- Can only recommend amendments within 14 days
- Assembly may accept or reject recommendations
Control Over Executive
- Very limited
- Cannot remove government
- Can discuss policies, but no binding power
6. Comparison: Assembly vs Council
| Feature | Assembly (Vidhan Sabha) | Council (Vidhan Parishad) |
|---|---|---|
| Type | Lower House | Upper House |
| Members | 60–500 | 40+ |
| Term | 5 years | 6 years (1/3rd retire every 2 yrs) |
| Money Bills | Full power | Only advisory |
| Executive control | Strong | Minimal |
| Dissolution | Yes | No |
7. Legislative Procedure in States
Similar to Parliament (Articles 196–201).
Types of Bills
- Ordinary Bill
- Money Bill
- Financial Bill
- Constitution Amendment Bill (State subject)
Money Bill Procedure
- Introduced only in Assembly
- Council must return within 14 days
- Assembly may accept or reject changes
- Speaker’s certification is final
8. Privileges of State Legislatures (Article 194)
- Freedom of speech within House
- Immunity from court proceedings for views expressed
- Exclusive right to publish proceedings
- Protection for committees
9. Sessions of State Legislature
- Summoned by Governor
- Maximum gap between two sessions: 6 months
- Includes:
- Budget session
- Monsoon session
- Winter session
Governor can adjourn, prorogue, and dissolve Assembly.
10. Law-Making Powers: Seventh Schedule
State List (66 subjects)
Examples:
- Police
- Public order
- Agriculture
- Land
- Health
- Local government
- Irrigation
Concurrent List (Union + State)
Examples:
- Education
- Forest
- Marriage & adoption
- Criminal law
11. Tussle with Governor
Recent controversies include:
- Delay in bill assent
- Withholding bills indefinitely
- Refusal to summon sessions
- Disqualification decisions
Constitutional articles involved:
- Article 163 – Governor to act on aid & advice
- Article 200 – Assent to Bills
Supreme Court has reaffirmed: Governor is not an independent authority.
12. Committees of State Legislature
- Public Accounts Committee
- Estimates Committee
- Committee on Privileges
- Committee on Subordinate Legislation
- Business Advisory Committee
- Ethics Committee
These mirror parliamentary committees.
13. Creation or Abolition of Legislative Council (Article 169)
- Parliament can create or abolish Council
- But only after State Assembly passes a resolution
- By simple majority of total membership AND
- Majority of members present and voting
Examples:
- Andhra Pradesh abolished Council (1985), revived (2007)
- Assam and Rajasthan proposals pending
14. Summary
State Legislatures represent the democratic will at the state level.
Most states have unicameral legislatures (only Assembly).
A few states have bicameral legislatures (Assembly + Council).
Vidhan Sabha is the real power center, controlling government through confidence motions and financial powers.
Vidhan Parishad plays a deliberative and revisory role, offering checks and balances.
State Legislatures are essential pillars in India’s federal structure, ensuring localized law-making and decentralization of power.