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Indian Polity - State Legislature

Indian Polity — State Legislature

State Legislature
Figure 1: State Legislature provisions in the Indian Constitution — frequently tested in UPSC examinations.

1. Introduction

  • The Constitution establishes a federal structure dividing powers between Central and State Governments.
  • State Legislatures are governed by Part VI (Articles 168-212).
  • Unicameral Legislature: Comprises a single legislative chamber (Legislative Assembly).
  • Bicameral Legislature: Features two law-making bodies (Legislative Assembly and Legislative Council).
  • State legislature consists of: Governor + Legislative Assembly (Vidhan Sabha) + Legislative Council (Vidhan Parishad) (in case of bicameral).
  • No Uniformity: Indian state legislatures vary in structure.
  • Bicameral States (6): Andhra Pradesh, Telangana, Maharashtra, Karnataka, Uttar Pradesh, Bihar.
KNOWLEDGE NUGGET

  • Part: Part VI
  • Articles: 168 to 212
  • Subject: State Legislature
  • Bicameral States: AP, Telangana, Maharashtra, Karnataka, UP, Bihar
ARTICLE 169 — CREATION/ABOLITION OF LEGISLATIVE COUNCIL

  • Parliament can abolish a Legislative Council or create it if the legislative assembly of the concerned state passes a resolution by a Special Majority to that effect.
  • This Act of Parliament is not deemed as an amendment of the Constitution for the purposes of Art. 368.
  • Passed like an ordinary piece of legislation — by Simple Majority.

2. Legislative Assembly & Legislative Council

COMPARATIVE TABLE — SLA & SLC

Parameters Legislative Assembly (SLA) Legislative Council (SLC)
Strength Max: 500; Min: 60
Arunachal: 60, Sikkim: 32
Goa, Mizoram: 40, Nagaland: 60		 Max: 1/3rd of total strength of Assembly [UPSC 2015]
Min: 40
Indirectly elected; actual strength fixed by Parliament
Manner of Election Directly elected on basis of universal adult franchise 5/6th indirectly elected (PR by single transferable vote)
• 1/3rd by local bodies
• 1/3rd by SLA members
• 1/12th by graduates
• 1/12th by teachers
Nominated Members Art. 334: One Anglo-Indian could be nominated by Governor.
104th CAA (2019): Abolished reservation for Anglo-Indians		 1/6th nominated by Governor — knowledge in Cooperative Movement, Literature, Arts, Social Service, or Science
Duration 5 years from first meeting; Governor can dissolve; extended during National Emergency (max 6 months after emergency ends) Continuing chamber (permanent); 1/3rd retire every 2nd year; 6-year term; eligible for re-election and re-nomination
Presiding Officers Speaker (elected by Assembly); Deputy Speaker; Panel of Chairpersons (nominated by Speaker) Chairperson (elected by Council) [UPSC 2015]; Deputy Chairperson; Panel of Vice-Chairpersons (nominated by Chairman)
Powers & Duties Maintains order, interprets provisions, adjourns, casting vote, secret sittings, Money Bill decision, disqualification under 10th Schedule Same as SLA, with additional duties related to Council's functioning
Oath or Affirmation Must make oath before Governor or appointed person; without it, cannot vote or participate. Penalty of Rs 500 for each day sitting/voting without oath or being disqualified.
QUALIFICATION FOR MEMBERSHIP

Constitutional:
  • Citizenship: Citizen of India
  • Oath: Affirm allegiance to Constitution
  • Age: 30 years for Council; 25 years for Assembly
Representation of People's Act, 1951:
  • Legislative Council: Must be an elector in the state and a resident; eligible for Governor's nomination
  • Legislative Assembly: Must be an elector in the state
  • Reserved Seats: Must belong to SC/ST to contest reserved seats; can contest unreserved seats as well
DISQUALIFICATION

Constitutional:
  • Office of Profit: Cannot hold any profit-making office under Union/State (exceptions apply)
  • Unsound Mind: Declared by court
  • Insolvency: Undischarged insolvent
  • Citizenship: Must not hold foreign citizenship
Representation of People's Act, 1951:
  • Election Offences: Guilty of corrupt practices
  • Criminal Conviction: Convicted for crimes resulting in 2+ years imprisonment (preventive detention exempt)
  • Election Expenses: Must submit accounts on time
  • Government Contracts: Interest in government contracts or corporations with 25% government share
  • Service Dismissal: Dismissed for corruption or disloyalty
  • Social Crimes: Punished for offences like untouchability, dowry, or sati
Note: Governor's decision on disqualifications is final, with input from Election Commission.
ANTI-DEFECTION LAW — 10TH SCHEDULE

  • Disqualification due to defection determined by Chairman (Council) or Speaker (Assembly), not the Governor.
  • Decisions are subject to judicial review as per 1992 (Kihoto Hollohan v/s Zachillhu).

3. Vacation of Seats, Salaries & Exclusive Provisions

VACATION OF SEATS

  • Double membership: Cannot be a member of both houses
  • Disqualification: As per Constitution or RPA 1951 or Tenth Schedule
  • Resignation: To Chairman of Council or Speaker of Assembly
  • Absence: For 60 days without permission
  • Other cases: Election voided by court, expelled, elected as President/VP, or appointed as Governor
SALARIES AND ALLOWANCES

  • Fixed by the state legislature
  • Charged on the Consolidated Fund of the State
  • Not subject to annual vote
PROVISIONS EXCLUSIVE TO STATE LEGISLATIVE ASSEMBLIES

  • Territorial Constituencies: Each state divided into territorial constituencies; uniform ratio between population and seats
  • Readjustment after Each Census: Readjustment of total seats and division into constituencies; Parliament determines authority and manner
  • Reservation of Seats for SCs & STs: Readjustment after each census; Parliament determines authority and manner

4. Sessions of State Legislature

  • Summoning: Governor summons sessions. Maximum gap between two sessions is 6 months.
  • Adjournment: Suspends work for specific time (hours, days, weeks). Adjournment sine die ends a sitting indefinitely. Power lies with the Presiding officer.
  • Prorogation: Follows adjournment sine die; Governor issues notification. Governor can also prorogue the House in session.
  • Dissolution: Ends the life of the assembly.
  • Quorum: Minimum 10 members or 1/10th of total members (whichever is greater). Without quorum, meeting is adjourned or suspended.
LAPSING OF BILLS ON DISSOLUTION

  • Bill Lapses: If pending in assembly or passed by assembly but pending in Council.
  • Bill Doesn't Lapse: If pending in Council but not passed by assembly, or passed by both houses awaiting Governor or President's assent.
VOTING IN HOUSE

  • Simple majority: For most matters
  • Special majority: For creation/abolition of Legislative Council
  • Absolute majority: To remove the Speaker or Chairman
  • Casting vote: Speaker/Chairman votes only in case of a tie
LANGUAGE IN LEGISLATURE

  • Official language of the state, Hindi or English is used.
  • Members may address the house in their mother tongue with permission.
  • State Legislatures can decide to continue or discontinue English after 15 years (up to 40 years in some states).
RIGHTS OF MINISTERS & ADVOCATE GENERAL

  • They can speak in either house or committees but cannot vote.
  • Can vote only in the house in which they are elected member.

5. Legislative Procedure in State Legislature

5.1 Ordinary Bill

  • Introduction: Can originate in either house, introduced by a minister or private member. Passes through three readings. Sent to the second house after passing the originating house. In unicameral legislatures, sent directly to the Governor for assent.
  • In the Second House: Four options:
    • Pass without amendments
    • Pass with amendments, return to Assembly
    • Reject the bill
    • Keep pending for 3 months
  • If the Council disagrees, the Assembly can pass it again. Ultimate power lies with the Assembly, and the Council can delay for 4 months maximum. No joint sitting for disagreements.
  • Governor's Assent: Four alternatives:
    • Give assent (bill becomes law)
    • Withhold assent (bill ends)
    • Return for reconsideration
    • Reserve for President's consideration
  • President's Assent: Three alternatives:
    • Assent
    • Withhold assent
    • Return for reconsideration; if passed again, President is not obliged to assent

5.2 Money Bill

  • Introduction: Only in the Legislative Assembly, on Governor's recommendation, introduced by a minister.
  • In the Second House: The Council can only recommend changes and must return the bill in 14 days. If the Council fails, or if the Assembly rejects the recommendations, the bill is deemed passed.
  • Governor's Assent: Assent; Withhold or Reserve for President's assent (Cannot return for reconsideration).
  • President's Assent: Same as for ordinary bills.

5.3 Bills Reserved for President's Consideration

  • Must Be Reserved: Bills affecting High Court powers (Article 200), water/electricity taxes (Article 288), or during a financial emergency (Article 360).
  • May Be Reserved: Bills conflicting with Articles 14 and 19, those on Concurrent List (Article 254), or restricting trade and commerce (Article 304).
  • Discretionary: Governor may reserve any bill under Article 200.

6. Position of Legislative Council

EQUAL STATUS WITH ASSEMBLY

  • Introduction and passage of ordinary bills
  • Assembly's will prevails in case of disagreement
  • Approval of ordinances issued by the Governor (Art. 213)
  • Selection of ministers, including the Chief Minister
  • Consideration of reports from bodies like State Finance Commission and CAG
  • Enlargement of State Public Service Commission's jurisdiction
UNEQUAL STATUS WITH ASSEMBLY

  • Money bills: Can only be introduced in the Legislative Assembly
  • Council cannot amend or reject money bills
  • Only the Speaker decides whether a bill is a money bill or not
  • Final power for passing ordinary bills lies with the Assembly
  • Council can discuss the budget but cannot vote on demands
  • Does not participate in the election of the President or Rajya Sabha members
  • Limited role in Constitutional amendment bills
  • No confidence motion can only be initiated in the Assembly
  • Council's existence depends on the Assembly's will

7. Privileges of State Legislature

  • Privileges include special rights, immunities, and exemptions enjoyed by the houses, their committees, and members.
  • Extended to those entitled to participate, like the Advocate General and ministers, but not the Governor.
COLLECTIVE PRIVILEGES

  • Right to publish or prohibit the publication of reports, debates, and proceedings
  • Ability to hold secret sittings
  • Can regulate its own procedure and punish breaches of privilege
  • Right to receive immediate information on arrest, detention, or release of members
  • Initiate inquiries, summon witnesses, and access relevant papers
  • Courts cannot inquire into legislative proceedings
  • No person can be arrested within the legislature's precincts without the presiding officer's permission
INDIVIDUAL PRIVILEGES

  • Immunity from arrest during sessions (except in criminal or preventive detention cases)
  • Freedom of speech in the legislature; members cannot be held accountable in court for their statements
  • Exemption from jury service and court appearances during sessions

8. Summary: State Legislature at a Glance

Aspect Legislative Assembly Legislative Council
Strength Max 500; Min 60 Max 1/3rd of Assembly; Min 40
Election Direct Indirect (PR — STV)
Duration 5 years (dissolvable) Permanent (1/3rd retire every 2 years)
Presiding Officer Speaker Chairperson
Money Bill Can introduce Cannot introduce
Minimum Age 25 years 30 years
Creation/Abolition Constitutional Art. 169 — by Parliament on Assembly's resolution (Special Majority)
Key Takeaways for UPSC

  • Part VI: Articles 168-212 — State Legislature
  • Bicameral States (6): AP, Telangana, Maharashtra, Karnataka, UP, Bihar
  • Article 169: Creation/Abolition of Legislative Council — Special Majority in Assembly → Simple Majority in Parliament
  • Money Bill: Only in Assembly; Council can only recommend changes within 14 days
  • Ordinary Bill: Can originate in either house; Assembly's will prevails; Council can delay for 4 months
  • Governor's Assent: Can give, withhold, return, or reserve for President
  • Anti-Defection: 10th Schedule — Speaker/Chairman decides
  • 104th CAA (2019): Abolished Anglo-Indian nomination in Assembly
High-Yield Interactive UPSC Quiz (State Legislature)

Q1. State Legislature is governed by which Part of the Constitution?

Correct Answer: B. State Legislature is governed by Part VI (Articles 168-212) of the Constitution.

Q2. How many states in India have a bicameral legislature?

Correct Answer: C. Six states have a bicameral legislature: Andhra Pradesh, Telangana, Maharashtra, Karnataka, Uttar Pradesh, and Bihar.

Q3. The maximum strength of a Legislative Council is what fraction of the total strength of the Legislative Assembly?

Correct Answer: C. The maximum strength of the Legislative Council is 1/3rd of the total strength of the Legislative Assembly. [UPSC 2015]

Q4. Under Article 169, the creation or abolition of a Legislative Council requires:

Correct Answer: B. The Assembly must pass a resolution by Special Majority; Parliament then passes the Act by Simple Majority (not deemed as Constitutional Amendment under Art. 368).

Q5. The minimum age to become a member of the Legislative Assembly is:

Correct Answer: B. The minimum age for the Legislative Assembly is 25 years; for the Legislative Council, it is 30 years.

Q6. Which Constitutional Amendment Act abolished the nomination of Anglo-Indians to the Legislative Assembly?

Correct Answer: C. The 104th Constitutional Amendment Act (2019) abolished the reservation for Anglo-Indians under Article 334.

Q7. Who decides on disqualification under the Anti-Defection Law (10th Schedule) in the Legislative Assembly?

Correct Answer: C. The Speaker (in Assembly) or Chairman (in Council) decides on disqualification under the 10th Schedule, not the Governor.

Q8. The Legislative Council must return a Money Bill to the Assembly within how many days?

Correct Answer: B. The Legislative Council must return a Money Bill to the Assembly within 14 days. If it fails, the bill is deemed passed.

Q9. The maximum delay that the Legislative Council can cause to an Ordinary Bill is:

Correct Answer: C. The Legislative Council can delay an Ordinary Bill for a maximum of 4 months (3 months initial + 1 month after Assembly passes it again).

Q10. The Quorum for a sitting of the State Legislature is:

Correct Answer: C. The quorum is 10 members or 1/10th of total members, whichever is greater.
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