State Legislature
State Legislature
The State Legislature is the law-making body at the state level. Part VI, Chapter III (Articles 168-212) deals with the state legislature. It may be unicameral (only Vidhan Sabha / Legislative Assembly) or bicameral (Vidhan Sabha + Vidhan Parishad / Legislative Council). Currently, only 6 states have bicameral legislatures: Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and Andhra Pradesh.
Key Dates
State legislatures constituted under the new Constitution; both unicameral and bicameral structures established
States Reorganisation Act reorganized state boundaries on linguistic basis; state legislatures reconstituted accordingly
West Bengal and Punjab abolished their Legislative Councils — showing that abolition is a sovereign legislative decision
Anti-Defection Law (52nd Amendment, Tenth Schedule) applied to state legislatures — Speaker decides disqualification for MLAs
Tamil Nadu abolished its Legislative Council; never recreated
91st Amendment strengthened anti-defection for state legislatures; deleted 1/3 split exception; retained 2/3 merger only
Andhra Pradesh recreated its Legislative Council (earlier abolished in 1985) through Parliamentary legislation
Telangana formed as a separate state with its own legislature (Vidhan Sabha + Vidhan Parishad, inherited from undivided AP)
J&K Legislative Council abolished when J&K was reorganized into two UTs under J&K Reorganisation Act, 2019
104th Amendment deleted provision for Anglo-Indian nomination to state Legislative Assemblies (Art 333)
106th Amendment (Nari Shakti Vandan Adhiniyam) provided 1/3 reservation for women in state Legislative Assemblies — implementation pending delimitation
Purushothaman Nambudiri v. State of Kerala — SC held that once a bill is reserved for the President, it ceases to be before the state legislature
Constitutional Framework — Articles 168-212
Article 168 provides that for every state there shall be a Legislature consisting of the Governor and either one House (unicameral — Vidhan Sabha only) or two Houses (bicameral — Vidhan Sabha and Vidhan Parishad). The Governor is an integral part of the state legislature, just as the President is part of Parliament (Art 79). Article 169 provides the mechanism for creating or abolishing a Vidhan Parishad — the Vidhan Sabha must pass a resolution by special majority (2/3 of members present and voting AND majority of total membership), following which Parliament enacts a law by simple majority. This is NOT considered a constitutional amendment under Art 368 — it is ordinary legislation of Parliament passed on the state's initiative. Articles 170-171 deal with composition, Articles 172-173 with duration and qualification, Articles 174-177 with sessions, officers, and procedures, Articles 178-195 with Speaker, privileges, and other officers, Articles 196-212 with legislative procedure and financial matters. The state legislature has exclusive authority over matters in the State List (List II of the Seventh Schedule) and concurrent jurisdiction with Parliament over matters in the Concurrent List (List III). In case of conflict on concurrent matters, Parliamentary law prevails (Art 254). During national emergency, Parliament can legislate even on State List matters (Art 250). Under Art 249, if Rajya Sabha passes a resolution by special majority, Parliament can temporarily legislate on State List subjects.
Vidhan Sabha (Legislative Assembly) — Composition and Term (Article 170)
Article 170 provides that the Vidhan Sabha shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies. Exceptions to the minimum of 60: Sikkim (32), Goa (40), Mizoram (40), and some smaller states/UTs have fewer members. The delimitation of constituencies is done by the Delimitation Commission constituted under the Delimitation Act. Seats are reserved for SCs and STs in proportion to their population (Art 332). The Anglo-Indian nomination provision (Art 333 — one Anglo-Indian nominated by the Governor) was deleted by the 104th Amendment, 2020. Term: 5 years from the date of first meeting after general elections (Art 172); can be dissolved earlier by the Governor on the CM's advice. During a national emergency, the term can be extended by Parliament by one year at a time but not beyond 6 months after the emergency ceases (Art 172(1) proviso — mirrors LS provision). Qualification for membership (Art 173): citizen of India, minimum 25 years of age, registered voter in any constituency in the state, and any other qualifications prescribed by Parliament. Disqualifications include those under Art 191 (office of profit, unsound mind, undischarged insolvent, non-citizen) and under the Tenth Schedule (anti-defection). UP has the largest Vidhan Sabha (403 members), followed by West Bengal (294) and Maharashtra (288).
Vidhan Parishad (Legislative Council) — Composition (Article 171)
Article 171 prescribes the composition of the Vidhan Parishad. Maximum strength: 1/3 of the total membership of the Vidhan Sabha of that state, but minimum 40 members. The composition follows a specific formula: (a) 1/3 elected by elected members of the Vidhan Sabha (MLAs); (b) 1/3 elected by members of municipalities, district boards, and other local authorities in the state; (c) 1/12 elected by persons who have been registered graduates of at least 3 years' standing (graduates' constituency); (d) 1/12 elected by persons engaged in teaching in educational institutions not lower than secondary school for at least 3 years (teachers' constituency); (e) 1/6 nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service. Note the additional field of "cooperative movement" in the VP's nomination categories — this is absent in the President's RS nominations. Currently, 6 states have Vidhan Parishad: Bihar (75 members), Karnataka (75), Maharashtra (78), Telangana (40), Uttar Pradesh (100 — largest VP in India), and Andhra Pradesh (58). Members serve 6-year terms; 1/3 retire every 2 years (biennial elections). The VP is a permanent body — not subject to dissolution. The VP represents functional constituencies (teachers, graduates, local bodies) and provides for indirect representation, bringing professional expertise into the legislative process.
Creation and Abolition of Vidhan Parishad (Article 169)
Article 169 provides the procedure for creating or abolishing a Legislative Council. Step 1: the Vidhan Sabha of the concerned state must pass a resolution by a special majority — majority of the total membership AND 2/3 of members present and voting. Step 2: Parliament then passes a law by simple majority creating or abolishing the Council. This law is NOT treated as a constitutional amendment under Art 368 — it is ordinary parliamentary legislation. Parliament's law can contain all necessary incidental and consequential provisions (transitional arrangements, etc.). States that have abolished their Councils: Punjab (1969), West Bengal (1969), Andhra Pradesh (1985 — recreated in 2007), Tamil Nadu (1986), Madhya Pradesh, Assam, Odisha. Jammu & Kashmir's Legislative Council was abolished when J&K was reorganized into two UTs (2019). States where Council creation is pending or proposed: Rajasthan (VS passed resolution in 2012; pending in Parliament), Odisha (proposed at various times), and Assam (proposed). The process highlights an important constitutional principle: the creation/abolition of a state's second chamber is initiated by the state but requires Parliament's approval — showing a blend of state autonomy and central authority in the federal structure.
Presiding Officers — Speaker and Chairman
Vidhan Sabha: the Speaker is the presiding officer, elected from among members (Art 178). The Deputy Speaker substitutes when the Speaker is absent. Powers mirror those of the Lok Sabha Speaker: maintaining order, deciding points of order, certifying Money Bills, deciding anti-defection cases under the Tenth Schedule, and casting vote in case of a tie. The Speaker can be removed by a resolution passed by a majority of all then-members of the VS (effective majority) after 14 days' notice. The Speaker continues in office after dissolution until the new VS meets. By convention, the Speaker severs party ties and the Deputy Speaker comes from the opposition. Vidhan Parishad: the Chairman is the presiding officer, elected from among members. The Deputy Chairman substitutes. Their roles mirror the RS Chairman and Deputy Chairman. The Chairman can be removed by a resolution passed by a majority of all then-members of the VP (effective majority) after 14 days' notice. Key distinction: the Speaker has broader powers than the Chairman — the Speaker decides whether a bill is a Money Bill (decision is final), and the Speaker presides in case of a joint sitting (though joint sittings don't exist at the state level). In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's role in deciding anti-defection cases but made the decision subject to judicial review.
Legislative Process at the State Level
Ordinary Bills can be introduced in either House (in bicameral states). If the two Houses disagree, there is NO provision for a joint sitting at the state level (unlike Art 108 for Parliament). The mechanism for resolving deadlock: if the VP rejects or does not pass a bill sent by the VS, the VS can pass it again and send it to the VP; if the VP again rejects or fails to act within one month (for ordinary bills, 3 months for a bill pending at first transmission), the bill is deemed to have been passed by both Houses in the form in which it was last passed by the VS. This means the Vidhan Sabha always prevails — the VP can delay but cannot permanently block legislation. For bills originating in the VP: if the VS rejects it, the bill is dead (VS has absolute veto over VP-initiated bills). Money Bills (Art 198-199): can only be introduced in the Vidhan Sabha with the Governor's prior recommendation. The VP can suggest amendments within 14 days; the VS may or may not accept them. The Speaker certifies a Money Bill — this certification is final. The Governor's options on bills (Art 200): assent, withhold assent, return for reconsideration (not Money Bills), or reserve for the President's consideration (Art 200-201). If returned and re-passed by the state legislature, the Governor must give assent.
Sessions, Quorum, and Procedures
Article 174 provides that the Governor shall summon each House from time to time; the gap between the last sitting of one session and the first sitting of the next session cannot exceed 6 months. The Governor can prorogue the House and dissolve the Vidhan Sabha (the VP cannot be dissolved — it is permanent). Quorum (Art 189): 10 members or 1/10 of the total membership of the House, whichever is greater. This differs from Parliament where the quorum is simply 1/10. Voting is by simple majority of members present and voting unless the Constitution specifically requires otherwise. The Presiding Officer does not vote in the first instance but has a casting vote in case of a tie (Art 189(1)). State legislatures have their own Rules of Procedure — largely modelled on Parliament's rules but with state-specific variations. Question Hour, Zero Hour, and parliamentary devices (adjournment motion, calling attention motion, cut motions) operate at the state level as well, though the terminology and procedures may differ slightly across states. State legislatures also have committee systems — committee on public accounts, committee on estimates, committee on public undertakings, and subject committees — that function similarly to their parliamentary counterparts.
Financial Powers and Budget Process
The state budget (Annual Financial Statement) is laid before the state legislature under Article 202, mirroring the Union budget under Art 112. Expenditure is classified as: (a) Expenditure charged on the Consolidated Fund of the State (not voted) — includes Governor's emoluments, HC judges' salaries (charged on CFI, not state), AG's salary, debt charges, and other items mandated by the Constitution; (b) Votable expenditure — all other expenditure, voted through Demands for Grants. Demands for Grants are voted on only in the Vidhan Sabha (the VP can discuss but not vote on demands — mirroring the RS-LS relationship). Cut Motions can be moved during discussion on demands. After demands are voted, an Appropriation Bill is passed (Money Bill — VP can only suggest within 14 days). The Finance Bill implements budget proposals on taxation. Article 204: no money can be withdrawn from the Consolidated Fund of the State except under appropriation made by law. Article 265: no tax can be levied except by authority of law. Article 266: Consolidated Fund of each state. Article 267: Contingency Fund of each state — at the disposal of the Governor for urgent unforeseen expenditure. If the budget is not passed before the start of the financial year, the state legislature can pass a "Vote on Account" authorizing expenditure for a limited period.
Comparison: Parliament vs State Legislature
Both have similar structures and procedures, but key differences exist: (1) Composition — Parliament: LS max 552 + RS max 250; State: VS max 500 + VP max 1/3 of VS. (2) Presiding officer — LS: Speaker; RS: VP (ex-officio Chairman); VS: Speaker; VP: Chairman (elected from members — not ex-officio like RS). (3) Joint sitting — Art 108 allows joint sitting in Parliament (3 instances); NO joint sitting provision at state level. (4) Upper house power — RS can delay ordinary bills up to 6 months; VP can delay for 1-3 months before VS prevails. RS has special powers (Art 249, 312); VP has no such special powers. (5) Money Bills — similar in both; LS/VS have exclusive power; RS/VP can only suggest within 14 days. (6) Privileges — Art 105 for Parliament; Art 194 for state legislatures (identical structure). (7) Anti-defection — Tenth Schedule applies equally to both. (8) Legislative scope — Parliament: Union List + Concurrent (overriding); State: State List + Concurrent (subordinate). (9) RS nomination — 12 nominated by President (literature, science, art, social service); VP nomination — 1/6 nominated by Governor (same categories + cooperative movement). (10) Quorum — Parliament: 1/10 of total; State: 10 members or 1/10, whichever is greater.
Privileges of State Legislature Members (Article 194)
Article 194 grants state legislature members privileges identical in structure to those of MPs under Article 105. Article 194(1): freedom of speech in the state legislature. Article 194(2): no member liable in any court for anything said or any vote given in the legislature or its committees. Article 194(3): powers, privileges, and immunities as may be defined by the state legislature by law (originally referenced UK House of Commons; 44th Amendment removed this reference — identical to Art 105(3)). No state has codified its privileges, creating the same legal uncertainty as at the Centre. State legislatures have frequently used privilege powers more aggressively than Parliament: Tamil Nadu Assembly sentenced a journalist to imprisonment in 2003; Karnataka Assembly summoned journalists in 2017. The SC in the Keshav Singh Case (1964) held that state legislature privilege claims are subject to judicial review. Members enjoy freedom from arrest in civil cases during session and 40 days before and after. Article 212 bars courts from inquiring into validity of state legislature proceedings on grounds of procedural irregularity (parallels Art 122 for Parliament). The Committee on Privileges in each House examines breach of privilege complaints.
Anti-Defection Law in State Legislatures
The Tenth Schedule (Anti-Defection Law), introduced by the 52nd Amendment (1985) and amended by the 91st Amendment (2003), applies to state legislatures in the same manner as to Parliament. Grounds for disqualification: (1) voluntarily giving up membership of the political party on whose ticket the member was elected; (2) voting or abstaining contrary to the party whip without prior party permission (within 15 days). The 91st Amendment deleted the "split" exception (where 1/3 of a party's legislators could break away without disqualification). Now, only a "merger" (where 2/3 of a party's legislators merge with another party) is exempt. The Speaker of the Vidhan Sabha decides disqualification for MLAs; the Chairman of the Vidhan Parishad for MLCs. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's quasi-judicial role but made the decision subject to judicial review. Recent controversies highlight ongoing challenges: the Maharashtra Shiv Sena split (2022), the Rajasthan Congress crisis (2020), and the Karnataka MLA resignations (2019) have all tested the anti-defection framework at the state level. Critics argue that the Speaker's decision is often delayed for political reasons and advocate for transferring this power to the Election Commission or an independent tribunal.
Role of the Opposition and Legislative Oversight
The Leader of the Opposition (LoO) in the Vidhan Sabha plays a crucial role in state governance. The LoO is recognized under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (for Parliament) and similar state-level provisions. The LoO receives official status when the largest opposition party has at least 10% of total VS membership. The LoO participates in the selection of important constitutional and statutory bodies (Lokayukta, State Human Rights Commission, etc.) in some states. The state legislature exercises oversight through: Question Hour (starring questions, supplementaries), committee system (PAC, Estimates Committee, subject committees), debates on motions (adjournment, no-confidence, censure), and discussions on Governor's Address. The effectiveness of legislative oversight depends on the number of sittings — many state legislatures sit for fewer than 30 days per year, severely limiting scrutiny. The NCRWC recommended minimum sitting days for state legislatures (at least 100 days for larger states). Some states have experimented with televising legislative proceedings to enhance accountability. The decline in legislative functioning at the state level — frequent disruptions, low sitting days, limited committee work — has been a matter of concern for strengthening state-level democracy.
State Legislature vs Parliament — Key Differences
While the state legislature is modelled on Parliament, several critical differences exist: (1) Joint Sitting — Parliament has a joint sitting provision (Art 108) presided by the Speaker; state legislatures have NO joint sitting provision (VS always prevails). (2) Upper House dissolution — the Rajya Sabha cannot be dissolved; the Vidhan Parishad also cannot be dissolved but can be ABOLISHED by Parliament under Art 169. (3) Quorum — Parliament's quorum is 1/10 of total membership (Art 100); state legislature's quorum is 10 members OR 1/10, whichever is greater (Art 189). (4) Money Bill — in Parliament, the Speaker certifies Money Bills (Art 110); in state legislatures, the Speaker also certifies. RS can delay Money Bills for 14 days; VP can also delay for 14 days. (5) VP nomination categories include "cooperative movement" (Art 171(5)) which RS nominations (Art 80(3)) do not. (6) Legislative power — Parliament can legislate on State List subjects through RS resolution (Art 249) and during emergencies; no reciprocal power exists for states. (7) Constitutional amendments — only Parliament can amend the Constitution (Art 368); states can only ratify certain amendments. (8) Anti-defection — the same Tenth Schedule applies, but the Speaker of VS/Chairman of VP decides at state level. Understanding these differences is essential for comparative questions in UPSC.
Articles 168-212 — Complete Constitutional Framework
The state legislature framework spans Articles 168-212 (Part VI, Chapter III): Art 168 — Constitution of state legislature (Governor + VS, or Governor + VS + VP in bicameral states). Art 169 — Abolition/creation of Legislative Councils. Art 170 — Composition of Legislative Assemblies (max 500, min 60; elected by direct election on universal adult franchise). Art 171 — Composition of Legislative Councils (max 1/3 of VS, min 40). Art 172 — Duration (5 years for VS; VP permanent, 6-year terms). Art 173 — Qualifications (citizen, 25+ for VS, 30+ for VP, registered voter in the state). Art 174 — Sessions (Governor summons, 6-month gap maximum). Art 175 — Governor's address and messages. Art 176 — Special address at first session after elections. Art 177 — Ministers and AG right to speak in legislature. Art 178-179 — Speaker and Deputy Speaker of VS. Art 180-181 — Chairman and Deputy Chairman of VP. Art 182-186 — Disqualifications and vacating of seats. Art 187-189 — Quorum, voting, language, officers. Art 190 — Vacation and disqualification of seats. Art 191 — Disqualification for membership. Art 192 — Decision on disqualification (by Governor on ECI opinion). Art 193-194 — Penalties and privileges. Art 195 — Salaries and allowances. Art 196-198 — Legislative procedure. Art 199 — Definition of Money Bill. Art 200-201 — Governor's assent and reservation. Art 202-207 — Budget procedure. Art 208-212 — Procedure generally, including language and courts.
Debate on Second Chambers — Arguments For and Against Vidhan Parishads
The existence and utility of Vidhan Parishads has been debated since the Constituent Assembly. Arguments FOR: (a) Second chambers provide a "cooling chamber" — preventing hasty legislation by enabling review and revision. (b) They represent interests (graduates, teachers, local bodies) not directly represented in the VS. (c) They allow experienced persons who may not contest elections to contribute to legislation. (d) They serve as a check on the majority's potential for authoritarian tendencies. (e) The federal principle supports bicameralism at all levels. Arguments AGAINST: (a) Vidhan Parishads are "costly and unnecessary" — duplicating VS work without adding value (as stated by several CMs). (b) They delay legislation without any real power to stop it (VS always prevails). (c) Nominated/indirectly elected members lack democratic legitimacy. (d) They serve as a "parking space" for politically connected individuals who lose elections. (e) Their abolition saves public expenditure. Several states have considered creating or abolishing Councils: Andhra Pradesh abolished its Council in 1985 and recreated it in 2007. Rajasthan, Assam, and Odisha have passed resolutions for creation but Parliament has not yet acted. The debate reflects broader questions about legislative design in a democracy — whether efficiency (unicameralism) should trump deliberation (bicameralism).
Relevant Exams
Important for State PSC exams and UPSC. Frequently tested areas: which 6 states have Vidhan Parishad (BKMTUA), composition of VP (1/3, 1/3, 1/12, 1/12, 1/6 formula), Art 169 procedure for creating/abolishing Councils (special majority in VS + Parliament simple majority = NOT Art 368), absence of joint sitting provision at state level (VS prevails), Money Bill procedure, VP as permanent body, comparison with Parliament, and quorum difference (10 members or 1/10 whichever is greater). The 104th Amendment (Anglo-Indian deletion) and recent Council creation proposals are current affairs-relevant.