State Legislature Notes
Structure of State Legislature
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
Special Powers of Legislative Assembly (over Council)
Summary Table
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.