Article 168

Article 168 of the Constitution of India establishes the constitutional framework and structure of the State Legislatures. It determines whether a State will have a unicameral or bicameral legislature and defines the Governor’s role as an integral part of the State Legislature. This provision forms the foundation for the legislative functioning at the State level and reflects India’s federal and democratic character.

Constitutional Text

Article 168 reads:

(1) For every State, there shall be a Legislature which shall consist of the Governor, and—(a) in the States of Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, and Uttar Pradesh, two Houses;(b) in other States, one House.
(2) Where there are two Houses of a Legislature of a State, one shall be known as the Legislative Council (Vidhan Parishad) and the other as the Legislative Assembly (Vidhan Sabha).

Purpose and Objective

The primary purpose of Article 168 is to lay down the structure of the State Legislature and define its composition. It ensures that every State has a democratically elected legislative body to make laws and represent the will of the people, functioning within the framework of the Constitution.
The Article also ensures flexibility in India’s federal setup by allowing States to choose between unicameralism and bicameralism, based on their needs and political context.

Structure of State Legislatures

Under Article 168, Indian States can have:

1. Unicameral Legislature:

• Consists of a single legislative body — the Legislative Assembly (Vidhan Sabha).
• The majority of Indian States follow this model, as it is cost-effective and administratively simpler.
• Examples: Gujarat, Tamil Nadu, Kerala, Punjab, Haryana, Madhya Pradesh, and others.

2. Bicameral Legislature:

• Consists of two Houses —
  • The Legislative Assembly (Vidhan Sabha), which is the lower house.
  • The Legislative Council (Vidhan Parishad), which is the upper house.
• The bicameral system provides an additional layer of legislative scrutiny and deliberation.

States with Bicameral Legislatures

As per Article 168(1)(a), and current status (as of 2023), the following States have bicameral legislatures:

1. Andhra Pradesh
2. Telangana
3. Uttar Pradesh
4. Bihar
5. Maharashtra
6. Karnataka

Note:

• Jammu and Kashmir also had a bicameral legislature before its reorganisation in 2019.
• Other States have unicameral legislatures, consisting only of the Legislative Assembly.

The Governor as an Integral Part of the Legislature

Article 168 recognises the Governor as a component of the State Legislature. Although not an elected member, the Governor:

• Summons and prorogues sessions of the Legislature under Article 174.
• Addresses the Legislative Assembly or both Houses (if bicameral) at the commencement of the first session after elections and the first session of each year.
• Gives assent to Bills passed by the Legislature under Article 200.

This inclusion signifies that all legislative processes in the State are formally conducted in the name of the Governor, ensuring constitutional legitimacy.

Legislative Assembly (Vidhan Sabha)

• The Legislative Assembly is the lower and directly elected House of the State Legislature.
• It represents the people of the State and exercises greater legislative and financial powers compared to the Legislative Council.
• The composition, strength, tenure, and functions of the Legislative Assembly are specified in Articles 170 to 172.
• The normal tenure of the Assembly is five years, unless dissolved earlier by the Governor.

Legislative Council (Vidhan Parishad)

• The Legislative Council is the upper and partially elected House of the State Legislature.
• It acts as a deliberative and revising chamber, offering a check on the Legislative Assembly’s decisions.
• The composition, election, and functioning of the Council are governed by Articles 171 to 177.
• It is a permanent body, with one-third of its members retiring every two years.

Creation or Abolition of Legislative Councils

Article 169 empowers Parliament to create or abolish a Legislative Council in a State:

• The Legislative Assembly of the concerned State must pass a resolution by a special majority (majority of total membership and not less than two-thirds of members present and voting).
• Parliament then enacts a law to give effect to the resolution.

Examples:

• The Legislative Councils of Punjab, Tamil Nadu, and West Bengal were abolished through this procedure.
• The Legislative Council of Telangana was created after the bifurcation of Andhra Pradesh in 2014.

Key Judicial Interpretations and Case Laws

1. K. K. Verma v. Union of India (1954):
   • The Court discussed the constitutional status of the Governor as part of the Legislature and reaffirmed the Governor’s formal role in legislative procedures.
2. State of Bihar v. Bihar Legislative Assembly (2000):
   • The Supreme Court clarified that the composition and functioning of the Legislative Assembly must strictly follow constitutional provisions.
3. Indira Gandhi v. Raj Narain (1975):
   • The Court highlighted the importance of legislative independence and the Legislature’s central role in upholding democratic governance.

These cases collectively affirm that legislative powers must operate within constitutional limits while upholding democratic representation.

Related Constitutional Articles

• Article 169: Creation or abolition of Legislative Councils.
• Article 170: Composition of the Legislative Assembly.
• Article 171: Composition of the Legislative Council.
• Article 174: Sessions of the State Legislature and prorogation by the Governor.
• Article 200: Governor’s assent to Bills.
• Article 208: Rules of procedure for State Legislatures.

Together, these provisions define the structure, functioning, and powers of State Legislatures in India.

Legislative Process in States

1. Bill Introduction:
   • In unicameral legislatures, Bills are introduced in the Legislative Assembly.
   • In bicameral legislatures, Bills can be introduced in either House, except for Money Bills, which can only originate in the Assembly.
2. Governor’s Role:
   • Every Bill passed by the Legislature must receive the Governor’s assent to become law.
   • The Governor may:
     • Give assent;
     • Withhold assent;
     • Return the Bill for reconsideration (except Money Bills); or
     • Reserve it for the President’s consideration.
3. Legislative Oversight:
   • The Legislature also exercises control over the State Executive through question hours, motions, and budget debates.

Significance of Article 168

1. Democratic Representation:
   • Ensures that every State has a representative legislative body responsible for making laws and policies.
2. Federal Balance:
   • Reflects India’s federal structure by granting States autonomy to decide whether to have one or two Houses.
3. Checks and Balances:
   • The bicameral system provides an internal check within the State Legislature, enhancing deliberation and preventing hasty legislation.
4. Governor’s Constitutional Role:
   • Reinforces the Governor’s position as the constitutional link between the Union and the State, ensuring all legislative actions are constitutionally valid.
5. Flexibility:
   • Allows States to adapt their legislative structure based on administrative size, population, and political requirements.

Practical Implications

• Unicameral Advantage: Most States prefer unicameral legislatures due to simplicity, lower cost, and faster decision-making.
• Bicameral Advantage: Bicameralism promotes debate, revision, and expert oversight, particularly useful in larger or more complex States.
• Legislative Councils in Practice: In some States, Legislative Councils serve as platforms for experienced professionals, academics, and social leaders to contribute to policymaking.