Constitutional Provisions Relating to State Legislatures

State legislatures form the political and legislative backbone of India’s federal structure at the sub-national level. Enshrined primarily in Part VI of the Constitution of India, spanning Articles 168 to 212, these provisions outline the composition, duration, officers, procedures, and powers of state legislative bodies. While the Constitution mandates a uniform framework for state governance, it allows individual states flexibility regarding bicameralism, enabling them to choose between a unicameral or bicameral legislative setup based on administrative needs and demographic considerations.

Structural Composition and Bicameralism

Every state has a legislature consisting of the Governor and either one or two houses. States with one house have a Legislative Assembly (Vidhan Sabha), while states with two houses also feature a Legislative Council (Vidhan Parishad).

Unicameral vs. Bicameral Setup

• Current Bicameral States: Six states possess a bicameral legislature: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
• Abolition and Creation (Article 169): Parliament can create or abolish a Legislative Council in a state if the Legislative Assembly of that state passes a resolution by a special majority (majority of total membership plus two-thirds of members present and voting). Parliament then passes a simple law, which is not considered a constitutional amendment under Article 368.

Legislative Assembly (Vidhan Sabha) – Article 170

• Membership Strength: Maximum strength is capped at 500 members, and minimum strength is fixed at 60 members.
• Exceptions: Smaller states have lower constitutional minimums through special statutory provisions: Goa (40), Mizoram (40), Sikkim (30), and the Union Territory of Puducherry (30).
• Territorial Constituencies: Each state is divided into territorial constituencies such that the ratio between population and seat allocation remains uniform across the state. Demarcation relies on the published census data as determined by a Delimitation Commission.
• Duration: Normal term is 5 years from the date of its first meeting. It can be dissolved earlier by the Governor. During a Proclamation of National Emergency (Article 352), Parliament can extend its term by law for up to 1 year at a time, extending no further than 6 months after the Emergency ceases.

Legislative Council (Vidhan Parishad) – Article 171

• Membership Limits: Total strength must not exceed one-third of the total membership of the Legislative Assembly of that state, and cannot be fewer than 40 members (except Jammu and Kashmir prior to the Reorganisation Act).
• Permanent Body: The Council is not subject to dissolution. One-third of its members retire every two years, giving each member a 6-year term.

Electoral System and Qualification Requirements

The Constitution details the method of composition and eligibility criteria for representatives in both houses.

Composition Structure of Legislative Council

Qualifications for Membership (Article 173)

• Must be a citizen of India.
• Must take an oath or affirmation before an authorized person designated by the Election Commission.
• Minimum age: 25 years for the Legislative Assembly; 30 years for the Legislative Council.
• Must possess other qualifications prescribed by Parliament under the Representation of the People Act, 1951.

Disqualifications (Article 191)

• Holding an office of profit under the Government of India or any state government (excluding ministers).
• Being of unsound mind as declared by a competent court.
• Being an undischarged insolvent.
• Loss of Indian citizenship or voluntary acquisition of foreign citizenship.
• Disqualification under any law made by Parliament (e.g., criminal conviction under RPA 1951).
• Anti-Defection Law: Disqualification on grounds of defection under the Tenth Schedule, decided by the Speaker or Chairman of the respective house.

Presiding Officers and Legislative Conduct

Officers of the Assembly and Council

• Speaker and Deputy Speaker (Article 178): Elected by members of the Legislative Assembly from among themselves. The Speaker adjourns the house, maintains order, and decides whether a bill is a Money Bill.
• Chairman and Deputy Chairman (Article 182): Elected by members of the Legislative Council from among themselves.

Sessions and Quorum

• Sessions (Article 174): The Governor summons, prorogues, and dissolves the Assembly. The maximum gap between two consecutive sessions cannot exceed 6 months.
• Quorum (Article 189): Set at 10 members or one-tenth of the total membership of the house, whichever is higher, unless the legislature by law provides otherwise.

Legislative and Financial Procedures

The legislative power distribution mirrors the parliamentary system, with the Legislative Assembly retaining dominance over financial and general legislation.

Legislative Process for Ordinary Bills

• An Ordinary Bill can originate in either house in a bicameral state.
• If a bill passed by the Assembly is rejected, amended, or delayed by the Council for more than 3 months, the Assembly can pass it a second time.
• If the Council rejects or delays the second pass for more than 1 month, the bill is deemed passed by both houses in the form specified by the Assembly.
• No Joint Sitting: Unlike Parliament, there is no provision for a joint sitting to resolve deadlocks between the Assembly and Council. The Council holds only a delaying power (maximum 4 months total).

Financial Procedures and Money Bills (Article 198)

• A Money Bill can originate only in the Legislative Assembly on the recommendation of the Governor.
• The Legislative Council must return the Money Bill within 14 days with recommendations. The Assembly can accept or reject any or all recommendations.

Governor’s Assent (Article 200)

When a bill passes the state legislature, the Governor can:

1. Give assent to the bill.
2. Withhold assent.
3. Return the bill (if not a Money Bill) for reconsideration.
4. Reserve the bill for the consideration of the President.

President’s Role on Reserved Bills (Article 201)

• When reserved, the President can give assent, withhold assent, or direct the Governor to return the bill to the state legislature. The legislature must reconsider it within 6 months. The President is not bound to give assent even if passed again by the state legislature.

Key Facts and Data Points

• Constitutional Location: Part VI, Chapter III (Articles 168 to 212).
• Creation/Abolition of Council: Article 169 (Requires state special majority + simple majority in Parliament).
• Maximum Assembly Strength: 500 members (Article 170).
• Minimum Assembly Strength: 60 members (Exceptions: Sikkim – 30, Goa – 40, Mizoram – 40).
• Maximum Council Strength: One-third of Assembly strength (Article 171).
• Minimum Council Strength: 40 members.
• Minimum Age: 25 years (Assembly); 30 years (Council).
• Council Nomination Field: Literature, science, art, co-operative movement, social service (Adds co-operative movement, which is absent in Rajya Sabha nominations).
• Money Bill Transmission Window: Legislative Council gets a maximum of 14 days.
• Maximum Delaying Power of Council: 4 months total (3 months first instance + 1 month second instance).
• Disqualification Authority: Governor decides under Article 192 (on Election Commission opinion); Speaker/Chairman decides under Tenth Schedule (Anti-Defection Law).