State Legislature In India

The State Legislature is the law-making body at the state level.

Every state in India has its own legislature.

The State Legislature makes laws on subjects given to the states under the Constitution.

If there is any inconsistency between a law made by the Union and a law made by a State, the Union law has an overriding effect, subject to constitutional rules.

Constitutional Position

The State Legislature is covered under Part VI of the Constitution.

The relevant provisions are mentioned from Articles 168 to 212.

Chapter III of Part VI deals with provisions related to the State Legislature.

Types Of State Legislature

A State Legislature may be:

• Unicameral
• Bicameral

Unicameral Legislature

A unicameral legislature has:

• Governor
• State Legislative Assembly, also called Vidhan Sabha

Most Indian states have unicameral legislatures.

Bicameral Legislature

A bicameral legislature has:

• Governor
• State Legislative Assembly, or Vidhan Sabha
• State Legislative Council, or Vidhan Parishad

States With Bicameral Legislature

The chapter mentions the following bicameral states:

• Bihar
• Maharashtra
• Karnataka
• Andhra Pradesh
• Telangana

Vidhan Sabha And Vidhan Parishad

House	Other Names
Vidhan Sabha	Legislative Assembly, Lower House, First Chamber, Popular House
Vidhan Parishad	Legislative Council, Second Chamber, House of Elders

Creation Or Abolition Of Legislative Council

Parliament can create or abolish a Legislative Council in a state.

But this can happen only if the Legislative Assembly of the concerned state passes a resolution for it.

The resolution must be passed by a special majority in the State Assembly.

After that, Parliament passes the law by simple majority.

This provision is linked with Article 169.

Composition Of Legislative Assembly

Members of the Legislative Assembly are directly elected by the people on the basis of universal adult franchise.

Strength Of Legislative Assembly

• Maximum strength should not exceed 500.
• Minimum strength is generally 60.

Exceptions

Some smaller states have different minimum strengths:

• Arunachal Pradesh – 30
• Sikkim – 30
• Goa – 30
• Mizoram – 40
• Nagaland – 46

Some members in Sikkim and Nagaland are also indirectly elected.

Nominated Anglo-Indian Member

Earlier, the Governor could nominate 1 Anglo-Indian member to the Legislative Assembly.

However, the 104th Constitutional Amendment Act, 2019 abolished the Anglo-Indian nominated seat.

The 95th Constitutional Amendment Act, 2009 had earlier extended this reservation till 2020.

Territorial Constituencies

For elections, each state is divided into Territorial Constituencies.

The constituencies are arranged in such a way that the ratio between the population of each constituency and the number of seats allotted remains broadly the same throughout the state.

Readjustment After Each Census

Readjustment is done for:

• Total number of seats in the Assembly of each state.
• Division of the state into territorial constituencies.

Delimitation Commission Acts

Delimitation Commission Acts were passed in:

• 1952
• 1962
• 1972
• 2002

Important Constitutional Amendments On Delimitation

• 42nd Constitutional Amendment Act, 1976 froze the number of Assembly seats and territorial constituencies till 2000 at the 1971 level.
• 84th Constitutional Amendment Act, 2001 extended the freeze for 25 years, till 2026, at the 1971 level.
• Territorial constituencies were readjusted on the basis of the 1991 Census.
• 87th Constitutional Amendment Act, 2003 provided that delimitation of constituencies would be done according to the 2001 Census.

Reservation Of Seats For SCs And STs

Seats are reserved for Scheduled Castes and Scheduled Tribes in Vidhan Sabha elections.

This ensures political representation for historically disadvantaged communities.

State Legislative Council

The State Legislative Council is the Upper House of the State Legislature.

It is also called Vidhan Parishad.

Strength Of Legislative Council

• Maximum strength cannot exceed one-third of the strength of the State Legislative Assembly.
• Minimum strength should not be less than 40.

Though the Constitution fixes the maximum and minimum limits, the actual strength of a Legislative Council is fixed by Parliament.

Election System

Members of the Legislative Council are elected by:

• Proportional Representation
• Single Transferable Vote
• Secret ballot

Composition Of Legislative Council

Members are chosen in the following manner:

• 1/3 elected by members of local bodies such as municipalities and district boards.
• 1/12 elected by graduates of 3 years’ standing who reside in the state.
• 1/12 elected by teachers of 3 years’ standing in the state, not lower than secondary school level.
• 1/3 elected by members of the State Legislative Assembly from among persons who are not Assembly members.
• 1/6 nominated by the Governor from fields such as literature, art, science, social service and co-operative movement.

Legislative Assembly Vs Legislative Council

Basis	Legislative Assembly	Legislative Council
Other Name	Vidhan Sabha	Vidhan Parishad
Position	Lower House	Upper House
Nature	Popular House	House of Elders
Election	Direct election	Indirect election and nomination
Maximum Strength	500	One-third of Assembly strength
Minimum Strength	60 generally	40
Term	5 years	Permanent House
Dissolution	Can be dissolved	Not dissolved
Minimum Age	25 years	30 years

Duration Of State Legislature

Duration Of Legislative Assembly

The Legislative Assembly has a normal term of 5 years.

It is subject to dissolution.

During a National Emergency, Parliament may extend the term of the Assembly by 1 year at a time.

After the emergency ends, elections must be conducted within 6 months.

Duration Of Legislative Council

The Legislative Council is a continuous House.

It is not dissolved.

• One-third of its members retire every second year.
• The term of a member is 6 years.

Qualifications For Membership

A person must fulfil constitutional and legal qualifications to become a member of the State Legislature.

General Qualifications

• He must be a citizen of India.
• He must take oath or affirmation before a person authorised by the Election Commission.
• He must bear true faith and allegiance to the Constitution of India.
• He must uphold the sovereignty and integrity of India.
• He must be at least 25 years old for Legislative Assembly.
• He must be at least 30 years old for Legislative Council.
• He must possess other qualifications prescribed by Parliament.

Representation Of The People Act, 1951

Under the Representation of the People Act, 1951:

• For Legislative Council, the person must be an elector for an Assembly constituency.
• For Governor’s nomination to the Council, he must be a resident of the state.
• For Legislative Assembly, he must be an elector of an Assembly constituency.
• For reserved seats, he must be a member of Scheduled Castes or Scheduled Tribes.
• SC/ST candidates can also contest from unreserved seats.

Disqualification Of Members

A person can be disqualified from membership if:

• He holds an office of profit.
• He is of unsound mind and declared so by a court.
• He is an undischarged insolvent.
• He is not a citizen of India.
• He has voluntarily acquired citizenship of a foreign state.
• He has allegiance to a foreign state.

Disqualification On Ground Of Defection

Defection is covered under the Tenth Schedule.

The Tenth Schedule was added by the 52nd Constitutional Amendment Act, 1985.

A member may be disqualified if:

• He voluntarily gives up membership of his political party.
• He votes or abstains from voting contrary to party direction.
• An independent member joins a political party.
• A nominated member joins a political party after 6 months.

The decision is taken by the Presiding Officer.

This decision is subject to judicial review.

Oath And Salary Of Members

Members of the State Legislature take oath before the Governor.

Their salary and allowances are decided by the State Legislature.

Vacation Of Seat

Seats become vacant due to:

• Double membership
• Disqualification
• Resignation
• Absence

Legislative Relations Of State And Union

The chapter mentions 4 aspects of legislative relations between the Centre and the States:

• Territorial extent of Central and State legislation.
• Distribution of legislative subjects.
• Parliamentary legislation in the State field.
• Centre’s control over State legislation.

Presiding Officers Of State Legislature

Speaker Of Legislative Assembly

The Speaker is the presiding officer of the Legislative Assembly.

The Speaker is elected by the Assembly from among its members under Article 178.

Tenure Of Speaker – Article 179

The Speaker remains in office during the life of the Assembly.

However, he vacates office if:

• He ceases to be a member of the Assembly.
• He resigns by writing to the Deputy Speaker.
• He is removed by a resolution passed by a majority of all the then members of the Assembly.

A resolution for removal can be moved only after giving 14 days’ advance notice.

When the Legislative Assembly is dissolved, the Speaker does not immediately resign.

He continues till the newly elected Assembly meets.

Powers And Duties Of Speaker

The Speaker has important powers in the Legislative Assembly.

• Maintains order and decorum in the Assembly.
• Regulates the proceedings of the House.
• Acts as the final interpreter of the Constitution within the House.
• Interprets Rules of Procedure and legislative precedents.
• Can adjourn the House or suspend the meeting in the absence of quorum.
• Decides whether a Bill is a Money Bill or not.
• Exercises casting vote in case of a tie.
• Allows secret sitting of the House at the request of the Leader of the House.
• Decides cases of disqualification under the Tenth Schedule.
• Appoints chairpersons of Assembly committees.
• Acts as Chairperson of Business Advisory Committee, Rules Committee and General Purpose Committee.

Quorum

Quorum means the minimum number of members required for a sitting.

For the State Legislature, quorum is one-tenth of the total strength of the House.

Deputy Speaker Of Assembly

The Deputy Speaker is elected by the Assembly from among its members under Article 178.

He is elected after the election of the Speaker.

Tenure And Removal Of Deputy Speaker

The Deputy Speaker remains in office during the life of the Assembly.

He vacates office if:

• He ceases to be a member of the Assembly.
• He resigns by writing to the Speaker.
• He is removed by a resolution passed by a majority of all the then members of the Assembly.

A 14 days’ advance notice is required for removal.

Powers Of Deputy Speaker

• He performs the duties of the Speaker when the Speaker’s office is vacant.
• He presides over the Assembly in the absence of the Speaker.
• When he presides, he has the same powers as the Speaker.
• He is directly responsible to the Assembly.
• He is not subordinate to the Speaker.

Panel Of Chairpersons

The Speaker nominates a panel of Chairpersons from among members of the Assembly.

They preside over the Assembly when the Speaker or Deputy Speaker is absent.

Chairman Of Legislative Council

The Chairman of the Legislative Council is elected by the Council from among its members.

Vacancy Of Chairman’s Office

The Chairman vacates office if:

• He ceases to be a member of the Council.
• He resigns by writing to the Deputy Chairman.
• He is removed by a resolution passed by a majority of all the then members of the Council.

A 14 days’ notice is required for removal.

Powers Of Chairman

The powers and functions of the Chairman are similar to those of the Speaker of the Assembly.

However, unlike the Speaker, the Chairman does not have the power to decide whether a Bill is a Money Bill.

Deputy Chairman

The Deputy Chairman is elected by the Council from among its members.

He performs the duties of the Chairman when the office is vacant or when the Chairman is absent.

State Legislature At A Glance

Topic	Detail
Constitutional Part	Part VI
Articles	Articles 168-212
Legislature types	Unicameral or Bicameral
Vidhan Sabha	Legislative Assembly
Vidhan Parishad	Legislative Council
Assembly maximum strength	500
Assembly minimum strength	60 generally
Assembly term	5 years
Council maximum strength	One-third of Assembly strength
Council minimum strength	40
Council member term	6 years
Council nature	Permanent House
Assembly minimum age	25 years
Council minimum age	30 years
Speaker Article	Article 178
Speaker tenure	Article 179
Quorum	One-tenth of total strength

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