State Legislature
Structure (Arts 168 to 212)
The State Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). Six States also have a Legislative Council (Vidhan Parishad): Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra, Uttar Pradesh. The State has a Council only if the Assembly passes a resolution by a special majority and Parliament passes a law (Art 169). Parliament can abolish it the same way.
Legislative Assembly and Council compared
| Assembly | Council | |
|---|---|---|
| Strength | 60 to 500 (Art 170). Goa, Sikkim, Mizoram have fewer than 60. | Not more than one-third of the Assembly, and not less than 40 (Art 171). |
| Election | Direct, adult franchise | Indirect: 1/3 by local bodies, 1/3 by MLAs, 1/12 graduates, 1/12 teachers, 1/6 nominated by the Governor |
| Term | 5 years | Permanent: one-third retire every 2 years. Term of a member is 6 years. |
| Minimum age | 25 | 30 |
| Presiding officer | Speaker | Chairman |
- The Assembly's term can be extended by one year at a time during a National Emergency.
- Jammu and Kashmir had a Legislative Council of 36 seats until it was abolished in 2019.
Legislative powers
- The Legislature can make laws on the State List and the Concurrent List (Seventh Schedule). A State law on a Concurrent subject is void if it conflicts with a Union law, except where the President has given assent (Art 254).
- Money Bills (Art 198) originate only in the Legislative Assembly and need the Governor's recommendation. The Council can only recommend changes within 14 days.
- For an ordinary Bill the Council is much weaker than Rajya Sabha: the Assembly can override the Council's amendments, and there is no joint sitting. The Council can only delay a Bill by three months (first time) or one month (second time).
Privileges
Freedom of speech in the House (Art 194) and immunity from court action for what is said. Similar to those of Parliament.
Disqualification and the Tenth Schedule
Members are disqualified for defection under the Tenth Schedule (52nd Amendment, 1985). The Speaker decides. In Kihoto Hollohan (1992) the decision was made subject to judicial review.
Sessions and officers
- Not more than six months between two sessions. Quorum: 10 members or one-tenth of the House, whichever is more.
- The Speaker of the Assembly is elected by its members. The first Speaker of the J&K Assembly after 2024 was Abdul Rahim Rather.
- The Advocate General (Art 165) is the State's chief legal adviser.
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.