State Legislature

Notes

State legislatures are in Part VI (Art. 168-212). Most States are unicameral (Vidhan Sabha only). Six States are bicameral: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh. The Legislature consists of the Governor and the House(s).

Creation or abolition of a Legislative Council (Art. 169)

The Assembly passes a resolution by a special majority (majority of total membership and two-thirds of members present and voting); then Parliament passes a law by simple majority. This is not a Constitutional amendment under Art. 368.

Legislative Assembly (Vidhan Sabha)

60 to 500 members, directly elected (Sikkim 32, Goa and Mizoram 40 are exceptions). Term: five years, may be dissolved earlier. Minimum age 25.
Presided over by the Speaker, elected by members.

Legislative Council (Vidhan Parishad)

Maximum strength: one-third of the Assembly; minimum 40. A permanent House; one-third retire every two years; term six years. Minimum age 30.
Composition: 1/3 elected by MLAs; 1/3 by local bodies; 1/12 by graduates; 1/12 by teachers; 1/6 nominated by the Governor (literature, science, art, cooperative movement, social service).
Presided over by the Chairman.

Powers

Council is weaker than the Assembly. For an ordinary Bill, the Council can delay by three months (first time) and one month (second time); the Assembly can override it. No joint sitting.
Money Bills: only in the Assembly; the Council can only recommend within 14 days.
The Council has no role in the election of the President or the Rajya Sabha, no vote on Demands for Grants, and the Council of Ministers is not responsible to it.
Sessions: the gap between two sessions must not exceed six months. Quorum: one-tenth or ten members, whichever is greater.
Privileges under Art. 194; Governor's power to dissolve the Assembly under Art. 174.

Key Points

Art. 168-212; six bicameral States.
Art. 169: a Council is created or abolished by Parliament on the Assembly's special majority resolution.
Assembly: 60-500 members; Council: up to one-third of the Assembly, minimum 40.
Council can delay an ordinary Bill by three months, then one month; no joint sitting.
Money Bills: Assembly only; Council has 14 days.

MCQs

Q1. A Legislative Council is created or abolished under: (a) Art. 168 (b) Art. 169 (c) Art. 170 (d) Art. 171 Ans: (b).

Q2. Which of the following States has a Legislative Council? (a) Gujarat (b) Bihar (c) Punjab (d) Rajasthan Ans: (b). Also Andhra Pradesh, Telangana, Karnataka, Maharashtra and Uttar Pradesh.

Q3. The Legislative Council can delay an ordinary Bill passed by the Assembly for the first time by: (a) 14 days (b) 1 month (c) 3 months (d) 6 months Ans: (c).