Constitutional Provisions Relating to State Legislatures

Part VI of the Constitution of India, spanning Articles 168 to 212, contains the administrative, structural, and procedural provisions governing State Legislatures. India uses a federal framework where states exercise legislative power through unicameral or bicameral setups. Six states in India maintain a bicameral legislature composed of the Legislative Assembly (Vidhan Sabha) and the Legislative Legislative Council (Vidhan Parishad), alongside the Governor. The remaining states operate under a unicameral system where the Legislative Assembly alone exercises legislative powers. The Constitution sets explicit limits on the composition, duration, legislative authority, and financial procedures of these legislative bodies.

Organization and Composition of State Legislatures

Creation and Abolition of Legislative Councils

Article 168 provides for the constitution of legislatures in states. Article 169 lays down the procedure for the creation or abolition of a Legislative Council in a state. Parliament can pass an ordinary law to abolish or create a Vidhan Parishad if the Legislative Assembly of that state passes a resolution to that effect. The resolution requires a special majority, defined as a majority of the total membership of the Assembly and a majority of not less than two-thirds of members present and voting. An Act passed by Parliament under Article 169 does not count as an amendment to the Constitution for the purposes of Article 368.

Composition of Legislative Assemblies

Article 170 regulates the composition of Legislative Assemblies. The maximum strength of an Assembly is fixed at 500 members, and the minimum strength is set at 60 members. Smaller states have statutory exceptions granted through parliamentary laws:

• Sikkim: 32 members
• Puducherry (Union Territory): 30 elected members
• Goa: 40 members
• Mizoram: 40 members

Members of the Legislative Assembly (MLAs) are elected through direct elections based on adult suffrage from territorial constituencies. Constituency boundaries are demarced through Delimitation Acts based on census figures.

Composition of Legislative Councils

Article 171 regulates the composition of Legislative Councils. The total strength of a Legislative Council cannot exceed one-third of the total strength of the Legislative Assembly of that state, but must not drop below a baseline minimum of 40 members. Members of the Legislative Council (MLCs) enter the house through a mixed process of indirect election and gubernatorial nomination:

• One-Third: Elected by electorates consisting of members of local bodies such as municipalities and district boards.
• One-Third: Elected by members of the Legislative Assembly from among persons who are not members of the Assembly.
• One-Twelfth: Elected by an electorate of registered graduates residing in the state for at least three years.
• One-Twelfth: Elected by an electorate of teachers engaged for at least three years in educational institutions within the state, not lower in standard than secondary schools.
• One-Sixth: Nominated by the Governor from persons possessing special knowledge or practical experience in literature, science, art, cooperative movement, and social service.

Composition Matrix of Bicameral State Legislatures

Tenure, Qualifications, and Disqualifications

Duration of Houses

Under Article 172, the Legislative Assembly has a normal tenure of five years from the date appointed for its first meeting. The Governor holds the power to dissolve the Assembly before the expiration of five years. During a National Emergency under Article 352, Parliament can extend the tenure of the Assembly by law for a period not exceeding one year at a time, extending up to a maximum limit of six months after the emergency proclamation ceases to operate. The Legislative Council is a permanent body not subject to dissolution. One-third of its members retire every two years, giving each member a six-year tenure.

Qualifications for Membership

Article 173 details the qualifications necessary to contest elections to state legislatures:

• Must be a citizen of India.
• Must be at least 25 years of age for the Legislative Assembly and at least 30 years of age for the Legislative Council.
• Must make and subscribe to an oath or affirmation before an authorized person designated by the Election Commission of India.
• Must possess other qualifications prescribed by Parliament under the Representation of the People Act, 1951.

Disqualifications and Decision Authority

Article 191 outlines the grounds for disqualification of members, including holding an office of profit under the Government of India or any State government, being declared of unsound mind by a court, being an undischarged insolvent, acquiring foreign citizenship, or facing disqualification under any law made by Parliament. Under Article 192, the Governor decides questions regarding the disqualification of members under Article 191. The Governor must obtain the opinion of the Election Commission of India and act according to that opinion. Disqualification under the Tenth Schedule (Anti-Defection Law) falls under the jurisdiction of the Speaker of the Assembly or the Chairman of the Council.

Officers, Legislative Procedures, and Governor’s Assent

Presiding Officers

Article 178 mandates that the Legislative Assembly choose two of its members as Speaker and Deputy Speaker. Article 182 states that the Legislative Council choose its Chairman and Deputy Chairman from among its members. These officers control house proceedings, enforce discipline, and decide point of order questions.

Passage of Ordinary and Money Bills

Ordinary bills can originate in either house in a bicameral legislature. If a conflict arises between both houses over an ordinary bill, the Legislative Assembly holds overriding authority. The Legislative Council can delay an ordinary bill for a maximum period of three months in the first instance and one month in the second instance. The Constitution provides no provision for a joint sitting of state legislatures to resolve legislative deadlocks. Article 198 and Article 199 govern Money Bills. 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 or without recommendations. The Assembly can accept or reject all or any recommendations made by the Council.

Assent to Bills and Reservation Provisions

Under Article 200, when a bill passes the state legislature, it goes to the Governor, who has four options:

• Give assent to the bill.
• Withhold assent to the bill.
• Return the bill (if it is not a Money Bill) for reconsideration by the house or houses.
• Reserve the bill for the consideration of the President.

If the house passes the returned bill again with or without amendments, the Governor must give assent. The Governor must reserve any bill that derogates from the constitutional powers of the High Court so as to endanger its constitutional position. Under Article 201, when the Governor reserves a bill for the President, the President can give assent, withhold assent, or direct the Governor to return the bill to the house. If returned, the house must reconsider it within six months. The President is not bound to give assent even if the bill passes the state legislature a second time.

Financial Procedures and Ordinance-Making Power

Annual Financial Statement

Article 202 mandates that the Governor cause to be laid before the state legislature the Annual Financial Statement (Budget) for each financial year. Demand for Grants can only be made on the recommendation of the Governor and voted on solely by the Legislative Assembly.

Ordinance-Making Power of Governor

Article 213 grants the Governor the power to promulgate ordinances during the recess of the state legislature. The Governor can issue an ordinance only when the Legislative Assembly (or both houses in a bicameral state) is not in session and immediate action is required. An ordinance carries the same force as an Act of the state legislature. It must be laid before the state legislature upon reassembly and ceases to operate six weeks from the date of reassembly, or earlier if disapproved by the legislature. The maximum lifespan of an ordinance without legislative approval is six months and six weeks.

Core Exam-Oriented Facts

• Part VI of the Constitution covers Articles 168 to 212 dealing with state legislatures.
• Six states have bicameral legislatures: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Karnataka, and Maharashtra.
• Legislative Councils are created or abolished by Parliament under Article 169 using an ordinary law, based on a special majority resolution passed by the state’s Legislative Assembly.
• Legislative Assembly minimum strength is 60 and maximum strength is 500 under Article 170.
• Constitutional baseline exceptions for minimum Assembly strength exist for Sikkim (32), Goa (40), and Mizoram (40).
• Legislative Council strength cannot exceed one-third of the total Assembly strength and cannot drop below 40 members under Article 171.
• Governor nominates one-sixth of the members of the Legislative Council based on their work in literature, science, art, cooperative movement, and social service.
• Minimum age requirement is 25 years for Assembly members and 30 years for Council members under Article 173.
• The maximum delay a Legislative Council can cause for an ordinary bill is four months (three months initially plus one month in the second instance).
• Money Bills can be delayed by the Legislative Council for a maximum of 14 days under Article 198.
• Unlike Parliament, state legislatures have no constitutional provision for a joint sitting to resolve legislative deadlocks.
• Article 200 governs the Governor’s power to grant assent, withhold assent, return, or reserve bills for the President.
• Reservation of a bill affecting the powers of the High Court is mandatory for the Governor under Article 200.
• Article 213 grants the Governor ordinance-making powers, with a maximum valid timeframe of six months and six weeks without legislative re-approval.