Introduction to State Legislature
The State Legislature forms the legislative branch of the State Government, responsible for law-making and oversight at the state level. Constituting the Governor and one or two Houses (Legislative Assembly and Legislative Council), its structure largely mirrors that of the Union Parliament.
While the Legislative Assembly, directly elected by the people, is the primary legislative body in all states, the Legislative Council (Vidhan Parishad), existing in only a few states, represents various special interests. The effective functioning of the State Legislature is crucial for democratic governance, policy formulation, and resource allocation responsive to the diverse needs of the state's population.
Organisation of State Legislature (Article 168)
Constitutional Mandate
Article 168 mandates that for every State there shall be a Legislature which shall consist of the Governor, and one or two Houses.
Bicameral vs. Unicameral
Some states have a bicameral legislature (two Houses: Legislative Assembly and Legislative Council), while others have a unicameral legislature (one House: Legislative Assembly).
Currently, six states have bicameral legislatures: Bihar, Karnataka, Maharashtra, Uttar Pradesh, Andhra Pradesh, and Telangana.
Governor's Integral Role
Similar to the President at the Union level, the Governor is an integral part of the State Legislature, though not a member of either House. No bill passed by the state legislature can become a law without the Governor's assent.
Creation or Abolition of Legislative Councils (Article 169)
Parliamentary Power via Special Resolution
Parliament can create or abolish a Legislative Council in a state if the State Legislative Assembly passes a resolution to that effect by a special majority (i.e., a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members of the Assembly present and voting).
An Act of Parliament passed in this regard (creating or abolishing a Council) is not deemed to be an amendment of the Constitution under Article 368 (i.e., it can be passed by a simple majority of Parliament). This makes the process relatively flexible.
Composition of Legislative Assembly (Vidhan Sabha) (Article 170)
Strength & Election
Maximum strength: 500 members.
Minimum strength: 60 members.
Exceptions: Goa (40), Mizoram (40), Sikkim (32), Puducherry (30) have smaller assemblies due to their small population/area.
Members are directly elected by people from territorial constituencies on the basis of universal adult franchise.
Territorial Constituencies & Delimitation
Each state is divided into territorial constituencies based on population, ensuring near uniformity in population per seat.
Delimitation is done after every census. However, readjustment of seats and constituencies based on population has been frozen till the first census after 2026 (by the 84th and 87th Amendments, mirroring Lok Sabha provisions).
Reservation & Nomination
Reservation of seats: For Scheduled Castes (SCs) and Scheduled Tribes (STs) based on population (Article 332).
Nomination of Anglo-Indian member (Article 333): The provision allowing the Governor to nominate one member from the Anglo-Indian community (if inadequately represented) ceased to have effect after the 104th Amendment Act, 2019.
Composition of Legislative Council (Vidhan Parishad) (Article 171)
Strength & Election System
Maximum strength: Cannot be more than 1/3rd of the total strength of the Legislative Assembly of that state.
Minimum strength: 40 members.
The system of election for elected members is proportional representation by means of single transferable vote.
Parliament prescribes further details regarding qualifications and manner of choosing members through the Representation of the People Act, 1951.
Manner of Election & Nomination (Complex Composition)
-
Local Bodies
1/3rd elected by members of local bodies (municipalities, district boards, etc.) in the state.
-
Graduates
1/12th elected by graduates of three years' standing residing in the state.
-
Teachers
1/12th elected by teachers of three years' standing in educational institutions not lower than secondary schools within the state.
-
Legislative Assembly Members
1/3rd elected by members of the Legislative Assembly of the state from amongst persons who are not members of the Assembly.
-
Governor's Nomination
Remaining (approx. 1/6th) nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, co-operative movement, and social service. (Note: Co-operative movement is unique to LC nominations, compared to RS).
Duration of State Legislature (Article 172)
Legislative Assembly (Vidhan Sabha)
- Normal term: 5 years from the date of its first meeting after general elections.
- Can be dissolved earlier by the Governor.
- Its term can be extended during a National Emergency by Parliament for one year at a time, for any length of time. However, it cannot be extended beyond six months after the emergency ceases to operate.
Legislative Council (Vidhan Parishad)
- Permanent body, not subject to dissolution. It is a continuing chamber, similar to Rajya Sabha.
- 1/3rd of its members retire every second year.
- The term of an individual member is 6 years. Members are re-eligible for election or nomination.
Membership of State Legislature
- Must be a Citizen of India.
- Must make and subscribe an oath or affirmation.
- Age: Not less than 30 years for Legislative Council; Not less than 25 years for Legislative Assembly.
- Must possess other qualifications prescribed by Parliament (e.g., in RPA 1951 – must be an elector for a parliamentary constituency in the state, and for LC from appropriate constituency or member of Assembly if elected by MLAs).
- If holds any office of profit under Union/State Govt (unless exempted by State Legislature by law).
- If of unsound mind and stands so declared by a competent court.
- If an undischarged insolvent.
- If not a citizen of India or has voluntarily acquired foreign citizenship or is under allegiance to a foreign state.
- If disqualified under any law made by Parliament (e.g., RPA 1951 – corrupt practices, conviction for certain offences).
- Disqualification on ground of Defection (Tenth Schedule): Similar to MPs.
- For disqualification under Article 191(1) (excluding defection), the Governor's decision is final. However, the Governor must obtain the opinion of the Election Commission and act in accordance with that opinion.
- For disqualification on ground of Defection (Tenth Schedule), the decision is by the Presiding Officer of the respective House (Speaker for Legislative Assembly, Chairman for Legislative Council), and this decision is subject to judicial review (Kihoto Hollohan case, 1993).
A member's seat may become vacant due to:
- Dual Membership: Cannot be a member of both Houses of State Legislature, or Parliament & State Legislature simultaneously.
- Disqualification.
- Resignation: By writing to Chairman LC / Speaker LA.
- Absence: From all meetings for 60 days without permission of the House.
- If election declared void by court.
- If expelled by the House.
- If appointed President or Governor.
- Oath or Affirmation by Members (Article 188): Before taking seat, every member must make and subscribe an oath or affirmation according to the form set out in the Third Schedule.
- Salaries and Allowances of Members (Article 195): Determined by the respective State Legislature by law.
Presiding Officers of State Legislature
Speaker & Deputy Speaker (Legislative Assembly)
- Election: Elected by the Assembly from amongst its members.
- Term, removal, powers, and functions: Largely similar to the Speaker/Deputy Speaker of Lok Sabha. (Speaker continues till first meeting of new Assembly, removable by effective majority, presides over sittings, maintains order, casting vote, disqualifies on defection, etc.).
- Speaker Pro Tem: Appointed by the Governor (usually the senior most member of the newly elected Assembly) to preside over the first sitting, administer oath to new members, and enable election of new Speaker.
Chairman & Deputy Chairman (Legislative Council)
- Election: Elected by the Council from amongst its members.
- Term, removal, powers, and functions: Largely similar to the Chairman/Deputy Chairman of Rajya Sabha. (Chairman presides, maintains order, casting vote, etc.).
Panel & Secretariat
Panel of Chairpersons/Vice-Chairpersons: Similar to Parliament, the Presiding Officers nominate panels to preside in their absence.
Secretariat of State Legislature (Article 187): Each House has a separate secretarial staff, headed by a Secretary-General, who is a permanent officer.
Sessions & Proceedings (Article 174)
Summoning
The Governor summons each House. Max gap between two sessions: 6 months.
Adjournment / Adjournment Sine Die
Done by the Presiding Officer (temporarily suspends/ends sitting without fixed date).
Prorogation
Terminates a session. Done by the Governor on the advice of the State CoM.
Dissolution
Ends the life of the State Legislative Assembly. Done by the Governor on the advice of the State CoM (or discretion in specific situations). Legislative Council, being permanent, is not subject to dissolution.
Quorum (Article 189(3))
Minimum members required: 1/10th of the total members of the House or 10 members, whichever is greater.
Language in State Legislature (Article 210)
Official Languages & Mother Tongue
Business in a State Legislature shall be transacted in the official language(s) of the state, or Hindi, or English.
However, the Presiding Officer can permit any member to speak in his/her mother tongue.
Rights of Ministers and Advocate General (Article 177)
Participation in Proceedings
Every Minister and the Advocate General for the State has the right to speak in, and otherwise take part in the proceedings of, the Legislative Assembly, and in the case of a State having a Legislative Council, both Houses, and to take part in any committee of the State Legislature of which he may be named a member.
However, they are entitled to vote only in the House of which they are a member (Ministers). The Advocate General, not being a member of the Legislature, cannot vote.
Quick Reference: Prelims-Ready Notes
- Organisation (Art 168): Governor + Assembly (all states) + Council (6 states: AP, K'taka, Telangana, Maha, UP, Bihar).
- Creation/Abolition of LC (Art 169): State Assembly Special Majority → Parliament Simple Majority (not Art 368 amendment).
- Legislative Assembly (Art 170): Max 500, Min 60 (exceptions: Goa, Mizoram, Sikkim, Puducherry). Directly elected. Delimitation frozen till 1st census after 2026. SCs/STs reservation. Anglo-Indian nomination ceased (104th Amd).
- Legislative Council (Art 171): Max 1/3rd of Assembly strength, Min 40. Complex Election/Nomination: 1/3rd Local bodies, 1/12th Graduates, 1/12th Teachers, 1/3rd MLAs, 1/6th Nominated by Governor (Lit, Sci, Art, Co-op Movement, Social Service). PR-STV for elected.
- Duration (Art 172): Assembly: Normal 5 years, Governor dissolves, extended 1 yr during Nat. Emergency. Council: Permanent, 1/3rd retire every 2 yrs, Member term: 6 years.
- Membership (Art 173, 190, 191, 192): Qual: Citizen, Oath, Age (LC 30, LA 25). Disqual: Office of Profit, Unsound mind, Insolvent, Non-citizen, Parl. law, Defection (10th Schedule). Decision on Disqual: Governor (on EC advice) for Art 191. Presiding Officer for defection (subject to JR). Vacating: Dual membership, disqualification, resignation, 60-day absence. Oath (Art 188), Salaries (Art 195 by State Leg.).
- Presiding Officers: Speaker & Dy Speaker (LA), Chairman & Dy Chairman (LC) – elected by respective House. Powers similar to Parliament counterparts. Speaker Pro Tem by Governor. Secretariat (Art 187).
- Sessions (Art 174): Summoning/Prorogation/Dissolution by Governor. Max 6-month gap. Quorum (Art 189(3)): 1/10th or 10, whichever is greater.
- Language (Art 210): Official language(s) of state, Hindi, or English. Mother tongue permitted.
- Ministers/Advocate General Rights (Art 177): Speak in either House/Committee, but NO vote for AG. Ministers vote only in their House.
Summary Table: State Legislature - Composition & Duration
| Feature | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Article(s) | 170 | 171 |
| Nature | Primary legislative body, directly elected. | Review/revising chamber, indirectly elected/nominated. |
| Composition (Max/Min Strength) | Max 500, Min 60 (exceptions exist) | Max 1/3rd of Assembly strength, Min 40 |
| Election/Nomination | Direct election by universal adult franchise. | Complex system: 1/3rd Local bodies, 1/12th Graduates, 1/12th Teachers, 1/3rd MLAs, 1/6th Governor Nominated (Lit, Sci, Art, Co-op Movement, Social Service). |
| Duration | Normal term 5 years. Can be dissolved by Governor. Extended during emergency. | Permanent body (not subject to dissolution). |
| Member Term | Corresponds to Assembly's term (approx. 5 years). | 6 years. 1/3rd members retire every 2 years. |
| Presiding Officer | Speaker & Deputy Speaker | Chairman & Deputy Chairman |
| States Having (Current) | All states (and UTs with legislatures) | 6 states: AP, K'taka, Maharashtra, UP, Bihar, Telangana |
Conclusion & Significance
The State Legislature is the bedrock of democratic governance at the sub-national level, serving as the primary forum for law-making, executive oversight, and addressing the diverse needs of the state's populace. While the Legislative Assembly, as the directly elected House, holds paramount importance, the presence of Legislative Councils in some states adds a layer of scrutiny and representation.
The powers, privileges, and procedural mechanisms of the State Legislature largely mirror those of the Union Parliament, ensuring a consistent democratic framework across the country. The effective functioning of these legislative bodies is vital for responsive policymaking, financial accountability, and the overall health of India's federal polity.