State Legislature Notes


Structure of State Legislature

Type States
Unicameral Most states (only Legislative Assembly)
Bicameral 6 States: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana (have both Legislative Assembly + Legislative Council)

The Indian Constitution under Article 168 allows creation or abolition of Legislative Councils by Parliament on recommendation of the state legislature.




Composition of the State Legislature


A. Legislative Assembly (Vidhan Sabha) – Lower House
  • Members: 60 to 500 (elected by direct elections via adult suffrage).
  • Nominated: 1 Anglo-Indian (if Governor feels community is underrepresented – abolished by 104th Amendment Act, 2020).
  • Tenure: 5 years (can be dissolved earlier by Governor).
  • Presiding Officer: Speaker + Deputy Speaker.


B. Legislative Council (Vidhan Parishad) – Upper House (where it exists)
  • Permanent body, 1/3rd of members retire every 2 years.
  • Total strength: Not more than 1/3rd of Assembly.
  • Composition:
    • 1/3rd – Elected by MLAs
    • 1/3rd – Elected by local bodies
    • 1/12th – Elected by teachers
    • 1/12th – Elected by graduates
    • 1/6th – Nominated by Governor (literature, art, science, etc.)



Functions of State Legislature


A. Legislative Powers
  • Can make laws on:
    • State List (exclusively)
    • Concurrent List (shared with Centre)
  • In bicameral states: Assembly is more powerful than the Council.

B. Financial Powers
  • Money Bill can be introduced only in Legislative Assembly.
  • Legislative Council can delay it for 14 days, but cannot amend/reject.

C. Executive Control
  • Legislature exercises control over executive through:
    • Questions, motions, debates
    • No-confidence motions (only in Assembly)
    • Budget approval



Bills in State Legislature

Type of Bill Introduced in Governor’s Role
Ordinary Bill Any House (in bicameral states) Assent, Withhold, Return
Money Bill Only in Legislative Assembly Can give or withhold assent (cannot return)
Financial Bill Assembly Same as ordinary bill
Constitutional Amendment (under Art. 368) Not in State No role



Special Powers of Legislative Assembly (over Council)

Area Assembly Power
Money Bills Council has only advisory role
Executive control No-confidence motions only in Assembly
Budget Final say
Council creation/abolition Assembly initiates resolution



Summary Table

Article Provision
Art. 168 Composition of State Legislature
Art. 169 Abolition/Creation of Legislative Council
Art. 170 Composition of Legislative Assembly
Art. 171 Composition of Legislative Council
Art. 174–176 Sessions, prorogation, dissolution
Art. 177 Rights of ministers and AG to participate



Important Points for Prelims

  • Legislative Council is a permanent body, but not indestructible (can be abolished).
  • No Joint Sitting in state legislature (unlike Parliament).
  • Money Bill’s final say lies with Assembly only.
  • Quorum: 10% of total membership.
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