Indian Polity — State Legislatures
1. Introduction
- Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
- There is no uniformity in the organisation of state legislatures — a mix of Unicameralism and Bicameralism.
- States having a unicameral system (22 states): State Legislature consists of the Governor and Legislative Assembly.
- States having a bicameral system (6 states): State Legislature consists of the Governor, Legislative Assembly, and Legislative Council.
- The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the Legislative Assembly (Vidhan Sabha) is the lower house (first chamber or popular house).
KNOWLEDGE NUGGET
- Articles: 168 to 212 (Part VI)
- Unicameral States: 22 states (Governor + Legislative Assembly)
- Bicameral States: 6 states (Governor + Legislative Assembly + Legislative Council)
- Legislative Council: Upper House (Vidhan Parishad)
- Legislative Assembly: Lower House (Vidhan Sabha)
2. States with Bicameral Legislature
Andhra Pradesh
Telangana
Karnataka
Bihar
Maharashtra
Uttar Pradesh
NOTE
Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.
Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.
3. Legislative Assembly (Vidhan Sabha)
- The Legislative Assembly consists of representatives directly elected by the people on the basis of universal adult franchise.
- The minimum and maximum strength of the State Legislative Assembly is 60 and 500 respectively.
- The normal term is 5 years from the date of the first session. However, the Governor can dissolve it anytime.
LEGISLATIVE ASSEMBLY — KEY FACTS
- Members: Directly elected by universal adult franchise
- Minimum Strength: 60
- Maximum Strength: 500
- Term: 5 years (can be dissolved earlier by Governor)
- Lower House: Popular House
4. Legislative Council (Vidhan Parishad)
- The strength of the Legislative Council is a minimum of 40 to a maximum of one-third that of the Legislative Assembly. This arrangement ensures the predominance of the directly elected House (Assembly) in the legislative affairs of the state.
- The Constitution has fixed the maximum and minimum limits, but the actual strength is fixed by Parliament.
Composition of Legislative Council
- 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.
- 1/12 are elected by graduates of three years standing and residing within the state.
- 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school.
- 1/3 are elected by the members of the Legislative Assembly of the state from amongst persons who are not members of the Assembly.
- The remainder are nominated by the Governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.
KEY POINTS
- 5/6 of the total number of members of a Legislative Council are indirectly elected.
- 1/6 are nominated by the Governor.
- The Legislative Council is a permanent body.
- One-third members retire every two years, and the vacancy is filled at the beginning of the third year.
- The term of each member is 6 years.
- A member can be re-elected or re-nominated any number of times.
LEGISLATIVE COUNCIL — KEY FACTS
- Minimum Strength: 40
- Maximum Strength: 1/3 of Assembly strength
- Nature: Permanent body (not subject to dissolution)
- Retirement: 1/3 every 2 years
- Term: 6 years
- Election: 5/6 indirectly elected, 1/6 nominated by Governor
5. Legislative Assembly vs Legislative Council
| Feature | Legislative Assembly | Legislative Council |
|---|---|---|
| House | Lower House (Vidhan Sabha) | Upper House (Vidhan Parishad) |
| Election | Directly elected | Indirectly elected (5/6) + Nominated (1/6) |
| Minimum Strength | 60 | 40 |
| Maximum Strength | 500 | 1/3 of Assembly strength |
| Term | 5 years (subject to dissolution) | 6 years (permanent body — 1/3 retire every 2 years) |
| Dissolution | Can be dissolved | Cannot be dissolved (permanent) |
6. Summary: State Legislatures at a Glance
| Aspect | Legislative Assembly | Legislative Council |
|---|---|---|
| Also Known As | Vidhan Sabha | Vidhan Parishad |
| House | Lower House (Popular House) | Upper House (House of Elders) |
| Election | Direct | Indirect + Nominated |
| Minimum Strength | 60 | 40 |
| Maximum Strength | 500 | 1/3 of Assembly strength |
| Term | 5 years | 6 years (permanent) |
| Retirement | Dissolution after 5 years | 1/3 retire every 2 years |
| Bicameral States | Andhra Pradesh, Telangana, Karnataka, Bihar, Maharashtra, Uttar Pradesh | |
Key Takeaways for UPSC
- Part VI: Articles 168-212 — State Legislature
- Unicameral: 22 states — Governor + Legislative Assembly
- Bicameral: 6 states — Governor + Legislative Assembly + Legislative Council
- Legislative Assembly: Directly elected — Min 60, Max 500 — 5-year term
- Legislative Council: Indirectly elected (5/6) + Nominated (1/6) — Min 40, Max 1/3 of Assembly — Permanent body — 6-year term — 1/3 retire every 2 years
- Bicameral States: Andhra Pradesh, Telangana, Karnataka, Bihar, Maharashtra, Uttar Pradesh
- J&K Legislative Council: Abolished by J&K Reorganisation Act, 2019
High-Yield Interactive UPSC Quiz (State Legislatures)
Q1. The State Legislature is covered under which Part of the Constitution?
Correct Answer: B. Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers, etc. of the state legislature.
Q2. The Legislative Council is also known as:
Correct Answer: B. The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders).
Q3. What is the minimum strength of a State Legislative Assembly?
Correct Answer: C. The minimum and maximum strength of the State Legislative Assembly is 60 and 500 respectively.
Q4. What is the maximum strength of a Legislative Council?
Correct Answer: B. The strength of the Legislative Council is a minimum of 40 to a maximum of one-third that of the Legislative Assembly.
Q5. What fraction of Legislative Council members are nominated by the Governor?
Correct Answer: C. 1/6 of the total number of members of a Legislative Council are nominated by the Governor, while 5/6 are indirectly elected.
Q6. What is the term of a member of the Legislative Council?
Correct Answer: C. The term of each member of the Legislative Council is 6 years, with one-third retiring every two years.
Q7. Which of the following is NOT a state with a bicameral legislature?
Correct Answer: C. Tamil Nadu has a unicameral legislature. The bicameral states are Andhra Pradesh, Telangana, Karnataka, Bihar, Maharashtra, and Uttar Pradesh.
Q8. The Jammu and Kashmir Legislative Council was abolished by:
Correct Answer: C. The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019.
Q9. The Legislative Assembly is:
Correct Answer: B. The Legislative Assembly is subject to dissolution. It has a normal term of 5 years, but the Governor can dissolve it anytime.
Q10. Which fraction of Legislative Council members are elected by local bodies?
Correct Answer: C. 1/3 of the members of a Legislative Council are elected by the members of local bodies in the state like municipalities, district boards, etc.