State Legislature
State Legislature
Articles 168-212 (Part VI, Chapter III) govern the state legislature. A state may be unicameral (Vidhan Sabha only) or bicameral (Vidhan Sabha + Vidhan Parishad). Only 6 states currently have Vidhan Parishads: Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and Andhra Pradesh. The state legislature has no joint sitting provision (unlike Parliament under Art 108), so the Vidhan Sabha always prevails. Exams test the VP composition formula (1/3, 1/3, 1/12, 1/12, 1/6), the Art 169 creation/abolition procedure (special majority in VS + simple majority in Parliament, NOT Art 368), the quorum difference (10 or 1/10 whichever is greater), and the 6-state VP list.
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
Art 168 provides that every state legislature consists of the Governor and either one House (unicameral) or two Houses (bicameral). The Governor is an integral part of the state legislature, just as the President is part of Parliament (Art 79). Art 169 allows creation or abolition of a Vidhan Parishad: the Vidhan Sabha passes a resolution by special majority (2/3 of members present and voting AND majority of total membership), after which Parliament enacts a law by simple majority. This is NOT a constitutional amendment under Art 368. Articles 170-171 cover composition, 172-173 cover duration and qualifications, 174-177 cover sessions and officers, 178-195 cover the Speaker and privileges, and 196-212 cover legislative procedure and financial matters. The state legislature holds exclusive authority over State List subjects and concurrent jurisdiction over Concurrent List subjects. Parliamentary law prevails on concurrent matters (Art 254). During national emergency, Parliament can legislate on State List subjects (Art 250). Under Art 249, a Rajya Sabha special majority resolution enables temporary parliamentary legislation on State List subjects. The Art 169 procedure (NOT Art 368) is a perennial exam trap.
Vidhan Sabha (Legislative Assembly) — Composition and Term (Article 170)
Art 170 sets the Vidhan Sabha at not more than 500 and not less than 60 members, chosen by direct election from territorial constituencies. Exceptions to the 60-member minimum: Sikkim (32), Goa (40), Mizoram (40). The Delimitation Commission delimits constituencies. SC/ST seats are reserved proportionally (Art 332). The 104th Amendment (2020) deleted the Anglo-Indian nomination provision (Art 333). Term: 5 years from the date of first meeting after general elections (Art 172); the Governor can dissolve it earlier on the CM's advice. During national emergency, Parliament can extend the term by one year at a time, not beyond 6 months after emergency cessation. Qualifications (Art 173): citizen of India, minimum 25 years, registered voter in any state constituency, plus any Parliament-prescribed qualifications. Disqualifications: Art 191 (office of profit, unsound mind, undischarged insolvent, non-citizen) and the Tenth Schedule (anti-defection). UP has the largest VS (403), followed by West Bengal (294) and Maharashtra (288). The 500/60 limits, 25-year age, and UP's 403 strength appear regularly in objective questions.
Vidhan Parishad (Legislative Council) — Composition (Article 171)
Art 171 sets VP strength at maximum 1/3 of VS total membership, minimum 40 members. The composition formula: (a) 1/3 elected by MLAs; (b) 1/3 elected by members of municipalities, district boards, and local authorities; (c) 1/12 elected by graduates of 3+ years' standing; (d) 1/12 elected by teachers in educational institutions not lower than secondary school with 3+ years' experience; (e) 1/6 nominated by the Governor from persons with special knowledge or practical experience in literature, science, art, cooperative movement, and social service. Note: the VP nomination categories include "cooperative movement," which the RS nominations (Art 80(3)) do not. The 6 states with VPs: Bihar (75), Karnataka (75), Maharashtra (78), Telangana (40), UP (100, the largest), and AP (58). Members serve 6-year terms; 1/3 retire biennially. The VP is permanent and cannot be dissolved. It represents functional constituencies (teachers, graduates, local bodies) and brings professional expertise into legislation. The 1/3-1/3-1/12-1/12-1/6 formula and the "cooperative movement" distinction from RS are top-tested items.
Creation and Abolition of Vidhan Parishad (Article 169)
Art 169 procedure: Step 1, the VS passes a resolution by special majority (majority of total membership AND 2/3 of members present and voting). Step 2, Parliament passes a law by simple majority. This law is NOT treated as a constitutional amendment under Art 368. Parliament's law can include transitional arrangements. States that abolished their Councils: Punjab (1969), West Bengal (1969), AP (1985, recreated 2007), Tamil Nadu (1986), Madhya Pradesh, Assam, Odisha. J&K's Council was abolished upon UT reorganization (2019). Pending proposals: Rajasthan passed a VS resolution in 2012 but Parliament has not acted; Odisha and Assam have proposed creation at various times. The procedure illustrates a constitutional principle: the state initiates, but Parliament decides. This blends state autonomy with central authority. The "NOT Art 368" status, the two-step process, and the AP abolish-then-recreate sequence are frequently tested.
Presiding Officers — Speaker and Chairman
The Speaker presides over the Vidhan Sabha, elected from among members (Art 178). The Deputy Speaker substitutes when the Speaker is absent. The Speaker's powers mirror the LS Speaker: maintaining order, deciding points of order, certifying Money Bills, deciding anti-defection cases under the Tenth Schedule, and casting vote in ties. Removal requires a resolution passed by a majority of all then-members (effective majority) after 14 days' notice. The Speaker continues after dissolution until the new VS meets. By convention, the Speaker severs party ties and the Deputy Speaker comes from the opposition. The Chairman presides over the VP, elected from among members. The Deputy Chairman substitutes. Removal follows the same effective majority procedure after 14 days' notice. Key distinction: the Speaker certifies Money Bills (decision is final) and would preside over joint sittings (though joint sittings do not exist at the state level). In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's anti-defection role but subjected the decision to judicial review. The "effective majority" removal threshold and the Money Bill certification finality are common exam points.
Legislative Process at the State Level
Ordinary Bills can originate in either House in bicameral states. There is NO joint sitting provision at the state level. The deadlock mechanism: if the VP rejects or fails to pass a VS-sent bill, the VS passes it again; if the VP again rejects or fails to act within one month (3 months for first-time bills), the bill is deemed passed in the VS's version. The VS always prevails. VP-originated bills that the VS rejects are dead permanently. Money Bills (Art 198-199) can only originate in the VS with the Governor's prior recommendation. The VP can suggest amendments within 14 days; the VS may accept or reject them. The Speaker certifies Money Bills, and this certification is final. Governor's options on bills (Art 200): assent, withhold assent, return for reconsideration (not Money Bills), or reserve for the President (Art 200-201). If returned and re-passed, the Governor must give assent. The absence of joint sitting (VS always prevails), the VP's 14-day window on Money Bills, and the Governor's reservation power are key comparison points with Parliament.
Sessions, Quorum, and Procedures
Art 174 requires the Governor to summon each House; the gap between sessions cannot exceed 6 months. The Governor can prorogue the House and dissolve the VS (the VP cannot be dissolved). Quorum (Art 189): 10 members or 1/10 of total membership, whichever is greater. This differs from Parliament, where quorum is simply 1/10. Voting requires a simple majority of members present and voting unless the Constitution specifies otherwise. The Presiding Officer does not vote initially but has a casting vote in ties (Art 189(1)). State legislatures maintain their own Rules of Procedure, largely modelled on Parliament. Question Hour, Zero Hour, adjournment motions, calling attention motions, and cut motions operate similarly, with terminology varying across states. The committee system (PAC, Estimates Committee, Public Undertakings Committee, subject committees) functions parallel to Parliament's. The quorum difference (10 or 1/10, whichever is greater, vs Parliament's flat 1/10) is a frequently tested comparison.
Financial Powers and Budget Process
The state budget (Annual Financial Statement) is presented under Art 202, mirroring the Union budget under Art 112. Expenditure divides into: (a) charged expenditure on the Consolidated Fund of the State (not voted), including Governor's emoluments, AG's salary, and debt charges; and (b) votable expenditure through Demands for Grants. Only the VS votes on Demands; the VP can discuss but not vote. Cut Motions can be moved during demand discussions. After demands are voted, an Appropriation Bill is passed. Art 204 bars withdrawal from the Consolidated Fund except under appropriation law. Art 265 bars taxation except by authority of law. Art 266 establishes the Consolidated Fund of each state. Art 267 establishes the Contingency Fund at the Governor's disposal for urgent unforeseen expenditure. If the budget is not passed before the financial year starts, a Vote on Account authorizes expenditure for a limited period. The VP's "discuss but not vote" limitation on Demands mirrors the RS-LS relationship and appears in comparison questions.
Comparison: Parliament vs State Legislature
Key differences: (1) Composition: LS max 552, RS max 250; VS max 500, VP max 1/3 of VS. (2) Upper house presiding officer: RS Chairman is VP of India (ex-officio); VP Chairman is elected from members (not ex-officio). (3) Joint sitting: Art 108 allows it in Parliament (3 instances); no provision at state level. (4) Upper house delay power: RS delays ordinary bills up to 6 months; VP delays 1-3 months before VS prevails. RS has special powers (Art 249, 312); VP has none. (5) Money Bills: identical in both; LS/VS have exclusive power; RS/VP can suggest within 14 days. (6) Privileges: Art 105 (Parliament), Art 194 (state), identical structure. (7) Anti-defection: Tenth Schedule applies equally. (8) Legislative scope: Parliament has Union List + Concurrent (overriding); state has State List + Concurrent (subordinate). (9) Nominations: RS has 12 nominated by President (literature, science, art, social service); VP has 1/6 nominated by Governor (same categories + cooperative movement). (10) Quorum: Parliament 1/10; state 10 or 1/10, whichever is greater. The joint sitting absence, the quorum difference, and the VP nomination "cooperative movement" addition are the three most-tested distinctions.
Privileges of State Legislature Members (Article 194)
Art 194 grants state legislature members privileges identical in structure to MPs' privileges under Art 105. Art 194(1): freedom of speech in the legislature. Art 194(2): no member is liable in any court for anything said or any vote given. Art 194(3): powers, privileges, and immunities as defined by the legislature by law (the 44th Amendment removed the UK House of Commons reference, identical to Art 105(3)). No state has codified its privileges. State legislatures have used privilege powers aggressively: Tamil Nadu Assembly sentenced a journalist in 2003; Karnataka Assembly summoned journalists in 2017. The SC in the Keshav Singh Case (1964) held that privilege claims are subject to judicial review. Members enjoy freedom from civil arrest during session and 40 days before and after. Art 212 bars courts from inquiring into proceedings on procedural grounds (parallels Art 122). The uncodified status and the Keshav Singh judicial review principle are analytically relevant for Mains.
Anti-Defection Law in State Legislatures
The Tenth Schedule (52nd Amendment, 1985; amended by 91st Amendment, 2003) applies identically to state legislatures and Parliament. Disqualification grounds: voluntarily giving up party membership; voting or abstaining contrary to the party whip without prior permission (with a 15-day window). The 91st Amendment deleted the "split" exception (1/3 breakaway). Only "merger" (2/3 of party legislators joining another party) remains exempt. The VS Speaker decides MLA disqualification; the VP Chairman decides MLC disqualification. In Kihoto Hollohan v. Zachillhu (1992), the SC upheld the Speaker's quasi-judicial role but made decisions subject to judicial review. Recent controversies testing the framework: the Maharashtra Shiv Sena split (2022), the Rajasthan Congress crisis (2020), and the Karnataka MLA resignations (2019). Critics argue Speakers delay decisions for political reasons and advocate transferring this power to the Election Commission or an independent tribunal. The 2/3 merger threshold, the 1/3 split deletion, and the judicial review of Speaker decisions are standard items.
Role of the Opposition and Legislative Oversight
The Leader of the Opposition (LoO) in the VS gains official recognition when the largest opposition party holds at least 10% of total VS membership. The LoO participates in selecting constitutional and statutory bodies (Lokayukta, State Human Rights Commission) in some states. The legislature exercises oversight through Question Hour, the committee system (PAC, Estimates, subject committees), debates on motions (adjournment, no-confidence, censure), and discussions on the Governor's Address. Oversight effectiveness depends on sitting days. Many state legislatures sit fewer than 30 days per year, severely limiting scrutiny. The NCRWC recommended minimum 100 sitting days for larger states. Some states have televised proceedings to enhance accountability. Declining legislative functioning, frequent disruptions, and limited committee work have been concerns for state-level democracy. The 10% LoO recognition threshold and the sitting-days deficit are Mains governance topics.
State Legislature vs Parliament — Key Differences
Critical distinctions: (1) Joint Sitting: Parliament has one (Art 108, Speaker presides); state legislature has none (VS always prevails). (2) Upper House: RS cannot be dissolved; VP also cannot be dissolved but can be abolished by Parliament under Art 169. (3) Quorum: Parliament 1/10 (Art 100); state 10 or 1/10, whichever is greater (Art 189). (4) Money Bill: Speaker certifies in both; RS and VP each get a 14-day suggestion window. (5) VP nominations include "cooperative movement" (Art 171(5)); RS nominations (Art 80(3)) do not. (6) Legislative power: Parliament legislates on State List via Art 249 RS resolution and during emergencies; no reciprocal state power exists. (7) Constitutional amendments: only Parliament amends the Constitution (Art 368); states can only ratify certain amendments. (8) Anti-defection: the same Tenth Schedule applies, but the VS Speaker or VP Chairman decides at state level. These differences form the backbone of comparison questions across all exams.
Articles 168-212 — Complete Constitutional Framework
The framework spans Articles 168-212: Art 168 (constitution of state legislature); Art 169 (creation/abolition of VP); Art 170 (VS composition: max 500, min 60, direct election); Art 171 (VP composition: max 1/3 of VS, min 40); Art 172 (VS term 5 years; VP permanent, 6-year member terms); Art 173 (qualifications: citizen, 25+ for VS, 30+ for VP, registered voter); Art 174 (sessions, 6-month gap maximum); Art 175-176 (Governor's address); Art 177 (Ministers and AG right to speak); Art 178-179 (Speaker and Deputy Speaker); Art 180-181 (Chairman and Deputy Chairman of VP); Art 182-189 (disqualifications, quorum, voting); Art 190-191 (vacation and disqualification of seats); Art 192 (Governor decides disqualification on ECI opinion); Art 193-195 (penalties, privileges, salaries); Art 196-199 (legislative procedure, Money Bill definition); Art 200-201 (Governor's assent and reservation); Art 202-207 (budget procedure); Art 208-212 (procedure generally, including language and courts). The VP member age qualification (30 vs VS's 25) is a common trap.
Debate on Second Chambers — Arguments For and Against Vidhan Parishads
Arguments FOR: second chambers act as a "cooling chamber" against hasty legislation; they represent functional constituencies (graduates, teachers, local bodies) not directly in the VS; they allow experienced non-electoral candidates to contribute; they check majoritarian tendencies; and the federal principle supports bicameralism. Arguments AGAINST: VPs are "costly and unnecessary," duplicating VS work; they delay legislation without blocking power; nominated/indirectly elected members lack democratic legitimacy; they serve as "parking spaces" for defeated politicians; and abolition saves public expenditure. AP abolished its Council in 1985 and recreated it in 2007. Rajasthan, Assam, and Odisha have passed VS resolutions for creation, but Parliament has not acted. The debate reflects a broader question: whether efficiency (unicameralism) should trump deliberation (bicameralism). The "cooling chamber" rationale, the "parking space" criticism, and the AP abolish-recreate precedent are useful for Mains answers.
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.