Every State in India has its own law-making body, called the State Legislature. In most States it has only one House, the Legislative Assembly (Vidhan Sabha). A few States also have a second House, the Legislative Council (Vidhan Parishad). The Constitution deals with State Legislatures in Part VI. Exams ask about the number of members, terms, the bicameral States and how bills are passed. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- State Legislatures are covered in Articles 168 to 212 of Part VI.
- A State Legislature has the Governor and one or two Houses.
- Six States have a Legislative Council: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
- A Legislative Council is created or abolished by Parliament, on a resolution of the State Assembly (Article 169).
- An Assembly can have at most 500 and at least 60 members (Article 170), with a few exceptions.
1. Unicameral and bicameral States
Article 168 says every State shall have a Legislature made of the Governor and:
- Two Houses in some States - the Legislative Assembly and the Legislative Council. These are bicameral States.
- One House in all other States - the Legislative Assembly. These are unicameral States.
Today, six States are bicameral: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana. Jammu and Kashmir had a council too, but it was abolished in 2019 when the State became a Union Territory.
2. Creating or abolishing a Legislative Council
Under Article 169, Parliament can create or abolish a Legislative Council in a State.
- First, the State Legislative Assembly must pass a resolution by a special majority - a majority of its total membership and two-thirds of members present and voting.
- Then Parliament passes a law by a simple majority.
- Such a law is not treated as an amendment of the Constitution under Article 368.
Because the decision lies with Parliament, some States that passed resolutions have waited for years for a council.
3. Legislative Assembly (Vidhan Sabha)
- Strength - at most 500 and at least 60 members (Article 170). Small States such as Sikkim, Goa and Mizoram have fewer, under special provisions.
- Election - members are directly elected by the people on the basis of adult franchise.
- Reservation - seats are reserved for SCs and STs (Article 332). The 106th Amendment of 2023 provides one-third of seats for women, to apply after the next census and delimitation.
- Term - five years, unless dissolved earlier (Article 172). It can be extended by up to one year at a time during a National Emergency.
- Minimum age - 25 years to become a member.
- Presiding officer - the Speaker, elected by the members (Article 178), with a Deputy Speaker.
4. Legislative Council (Vidhan Parishad)
- Strength - at most one-third of the Assembly's strength, and at least 40 members (Article 171).
- Term - it is a permanent House and is not dissolved. One-third of members retire every two years, and each member serves six years.
- Minimum age - 30 years to become a member.
- Presiding officer - the Chairman, elected by the members (Article 182), with a Deputy Chairman.
Members of the Council are chosen in five ways:
| Share | Chosen by |
|---|---|
| One-third | Members of local bodies such as municipalities and district boards |
| One-twelfth | Graduates of at least three years' standing living in the State |
| One-twelfth | Teachers of at least three years' standing in schools of secondary level or above |
| One-third | Members of the Legislative Assembly |
| Remaining (about one-sixth) | Nominated by the Governor from fields such as literature, science, art, cooperation and social service |
5. How bills are passed
In bicameral States, the Assembly is stronger than the Council.
- Ordinary bill - if the Council rejects it or delays it, the Assembly can pass it again. The Council can hold it for three months the first time and one month the second time. After that, the Assembly's view prevails.
- Money bill - it can be introduced only in the Assembly. The Council can only make recommendations and must return it within 14 days.
- There is no joint sitting of the two Houses in a State, unlike in Parliament.
So the Council can delay bills but cannot block them. This is why it is sometimes called a revising chamber.
6. Governor's role and ordinances
- The Governor summons and prorogues the Houses and can dissolve the Assembly (Article 174).
- A bill becomes law only after the Governor's assent. The Governor can also reserve some bills for the President (Article 200).
- When the legislature is not in session, the Governor can issue an ordinance under Article 213. It must be approved within six weeks of the legislature reassembling.
7. Previous year questions
- Which Articles of the Constitution deal with State Legislatures? – Articles 168 to 212
- How many States have a Legislative Council at present? – Six
- Name the six States with a Legislative Council. – UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana
- Under which Article can a Legislative Council be created or abolished? – Article 169
- Who creates or abolishes a Legislative Council? – Parliament, on a resolution of the State Assembly
- What is the maximum strength of a Legislative Assembly? – 500
- What is the minimum strength of a Legislative Council? – 40
- What is the maximum size of a Legislative Council compared to the Assembly? – One-third of the Assembly
- What is the minimum age to become a member of a Legislative Council? – 30 years
- What is the term of a member of a Legislative Council? – Six years
- What fraction of Council members is nominated by the Governor? – About one-sixth
- Who presides over a Legislative Council? – The Chairman
- Within how many days must the Council return a money bill? – 14 days
- Under which Article can the Governor issue an ordinance? – Article 213
- Is there a joint sitting of the two Houses in a State Legislature? – No
8. How to revise this topic
Start with the Articles: 168 composition, 169 councils, 170 Assembly, 171 Council, 172 term, 178 Speaker, 182 Chairman, 213 ordinances.
Next, fix the six bicameral States: UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
Then learn the numbers: Assembly 60-500 and age 25; Council at least 40, at most one-third of the Assembly, age 30, six-year term.
Finally, remember the bill rules: Council delays an ordinary bill by three months plus one month, a money bill by 14 days, and there is no joint sitting.
9. Frequently Asked Questions
Which States have a Legislative Council?
Six States have a Legislative Council: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
How is a Legislative Council created?
Under Article 169, the State Legislative Assembly passes a resolution by a special majority, and then Parliament passes a law by a simple majority. This is not a constitutional amendment under Article 368.
What is the strength of a Legislative Assembly?
Under Article 170, an Assembly has at most 500 and at least 60 members, though small States such as Sikkim, Goa and Mizoram have fewer under special provisions.
Can the Legislative Council block a bill?
No. The Council can only delay an ordinary bill by up to three months the first time and one month the second time, and a money bill by 14 days. The Assembly's view finally prevails.
What is the term of a Legislative Council?
The Legislative Council is a permanent House. One-third of its members retire every two years, and each member serves a six-year term.
For more Polity topics in simple language, see our Governor and State Government, Parliament - Lok Sabha and Rajya Sabha and Ordinance-making Power posts, or browse the Polity section. Preparing for a state PSC? Start with the UPPSC PCS guide or join the 100 Hour GS Course.