State Legislature
A comprehensive self-learning guide covering the structure, composition, creation and abolition of Legislative Councils, qualifications, presiding officers, sessions, quorum, powers and constitutional provisions of State Legislatures.
Concepts • Constitutional Articles • Comparisons • Knowledge Checks • Prelims MCQs • Mains Practice
What Is a State Legislature?
India follows a federal constitutional system. At the State level, the Legislature performs the law-making, deliberative and accountability functions assigned by the Constitution.
Under Article 168, the Legislature of a State consists of the Governor and one or two Houses, depending on whether the State follows a unicameral or bicameral arrangement.
Principal Functions
- Making laws within the State’s legislative competence.
- Discussing public policy and governance.
- Controlling and scrutinising public expenditure.
- Holding the Council of Ministers accountable.
- Representing public interests and grievances.
- Participating in constitutional and electoral processes where applicable.
Knowledge Check 1. Which Article defines the constitution of State Legislatures?
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Answer: B. Article 168 specifies the Governor and the relevant legislative House or Houses.Unicameral and Bicameral Legislatures
Unicameral Legislature
A unicameral State Legislature has only one House: the Legislative Assembly.
Bicameral Legislature
A bicameral State Legislature has two Houses: the Legislative Assembly and Legislative Council.
| Feature | Unicameral | Bicameral |
|---|---|---|
| Houses | Assembly only | Assembly and Council |
| Structure | Simpler | Additional reviewing chamber |
| Legislative scrutiny | One House | Two Houses |
| Cost | Generally lower | Generally higher |
| Final legislative authority | Assembly | Assembly retains decisive position |
Why Have a Legislative Council?
- Provides additional legislative scrutiny.
- Allows representation of specified electoral groups.
- Offers opportunities for experienced public figures to contribute.
- Can reconsider and suggest changes to legislation.
Criticisms of Bicameralism
- Additional financial and administrative costs.
- Possibility of legislative delays.
- Limited powers of the Council.
- Concerns about political appointments and indirect representation.
Knowledge Check 2. Which House exists in every State Legislature?
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Answer: B. Every State has a Legislative Assembly, but only certain States have a Legislative Council.Creation and Abolition of Legislative Councils
Article 169 empowers Parliament to create or abolish a State Legislative Council through legislation, provided the Legislative Assembly of that State first passes the required resolution.
Required Majority
The Assembly resolution must be supported by:
- A majority of the total membership of the Assembly; and
- Not less than two-thirds of the members present and voting.
Both conditions must be satisfied simultaneously.
What Happens Next?
Parliament may then pass the required law. The Assembly resolution itself does not create or abolish the Council.
A law made under Article 169 is not treated as a constitutional amendment under Article 368 for the purposes specified by Article 169(3).
Knowledge Check 3. Who has the power to create or abolish a Legislative Council?
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Answer: C. Article 169 provides for parliamentary legislation following the prescribed State Assembly resolution.Knowledge Check 4. Does an Article 169 law count as an Article 368 constitutional amendment?
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Answer: B. Article 169(3) expressly provides this exception.Legislative Assembly: Composition and Election
The Legislative Assembly is the directly elected popular House of the State Legislature.
Membership
Under Article 170, the general constitutional range is 60 to 500 members, subject to special constitutional provisions applicable to certain States.
Election
- Members are directly elected from territorial constituencies.
- Voting is based on universal adult franchise.
- The first-past-the-post electoral system is used.
- Constituencies are organised in accordance with applicable delimitation laws.
Reservation of Seats
Seats are reserved for Scheduled Castes and Scheduled Tribes in accordance with the Constitution.
Tenure
The normal term of the Legislative Assembly is five years from the date appointed for its first meeting, unless dissolved earlier.
Knowledge Check 5. Members of the Legislative Assembly are ordinarily elected through:
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Answer: A. The Assembly is the directly elected House.Legislative Council: Composition and Election
The Legislative Council is a permanent upper House. Its membership is constituted through a combination of indirect elections and nominations.
Size of the Council
The total number of Council members ordinarily cannot exceed one-third of the total membership of the Legislative Assembly, and cannot be fewer than 40, subject to constitutional exceptions.
Composition
| Category | Approximate Share | Electoral Basis |
|---|---|---|
| Local authorities | One-third | Elected by specified local authority members |
| Assembly members | One-third | Elected by MLAs from persons who are not Assembly members |
| Graduates | One-twelfth | Elected by eligible graduates |
| Teachers | One-twelfth | Elected by eligible teachers |
| Governor’s nominees | Remainder, approximately one-sixth | Nominated by Governor |
Governor’s Nominations
Nominees should possess special knowledge or practical experience in fields such as:
- Literature
- Science
- Art
- Cooperative movement
- Social service
Election Method
The elected categories use proportional representation by means of the single transferable vote, as prescribed by Article 171.
Knowledge Check 6. Which proportion of Council members is elected by graduates?
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Answer: C. Article 171 provides approximately one-twelfth from the graduates’ constituency.Knowledge Check 7. The normal maximum size of the Legislative Council is:
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Answer: B. Article 171 establishes the one-third ceiling, subject to constitutional provisions.Duration of the Two Houses
Retirement of Council Members
Approximately one-third of Council members retire every two years. The normal term of a member is six years.
Extension During National Emergency
While a Proclamation of Emergency is in operation, Parliament may extend the Assembly’s term by law for periods not exceeding one year at a time. The extension cannot continue beyond six months after the Emergency ceases.
Knowledge Check 8. Which statement about Legislative Councils is correct?
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Answer: B. The Council is permanent, but its members retire in rotation.Membership, Qualifications and Disqualifications
Basic Qualifications
- Must be a citizen of India.
- Must make the prescribed oath or affirmation.
- Must satisfy applicable statutory qualifications.
- Must be at least 25 years old for the Assembly.
- Must be at least 30 years old for the Council.
Grounds of Disqualification
Article 191 includes disqualification on grounds such as specified offices of profit, unsoundness of mind declared by a competent court, undischarged insolvency, citizenship-related grounds and disqualification under parliamentary law.
Disqualification under the Tenth Schedule, commonly called the anti-defection law, is a separate constitutional mechanism.
Decision on Disqualification
For questions arising under Article 191(1), Article 192 provides for a decision by the Governor after obtaining the Election Commission’s opinion.
Tenth Schedule disqualification questions are decided by the relevant Speaker or Chairman, subject to constitutional judicial review.
Oath and Penalties
Article 188 concerns oath or affirmation. Article 193 provides a penalty for sitting or voting before complying with the oath requirement, or while disqualified or otherwise prohibited.
Knowledge Check 9. The minimum age for membership of a Legislative Council is:
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Answer: C. Article 173 prescribes 30 years for Council membership.Knowledge Check 10. Who decides an Article 191(1) disqualification question under Article 192?
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Answer: A. Article 192 specifies this procedure.Presiding Officers of the State Legislature
Legislative Assembly
The Assembly chooses two members as:
- Speaker
- Deputy Speaker
The Speaker presides over proceedings, maintains order and performs constitutional and procedural functions, including determination of Money Bills.
Legislative Council
The Council chooses:
- Chairman
- Deputy Chairman
Removal of the Speaker
Under Article 179, the Speaker may be removed by a resolution passed by a majority of all the then members of the Assembly.
This is commonly described as an effective majority, calculated after excluding vacant seats.
Fourteen Days’ Notice
At least 14 days’ notice is required before moving a resolution for removal of the Speaker or Deputy Speaker.
Speaker After Dissolution
The Speaker does not vacate office merely because the Assembly is dissolved. The Speaker continues until immediately before the first meeting of the newly elected Assembly.
Knowledge Check 11. The Speaker is removed by:
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Answer: B. Article 179 uses a majority of all the then members.Knowledge Check 12. Minimum notice for a Speaker removal resolution is:
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Answer: C. At least fourteen days’ notice is required.Sessions, Quorum and Voting
Summoning and Prorogation
Under Article 174, the Governor summons the House or Houses of the State Legislature.
Not more than six months may intervene between the last sitting of one session and the date appointed for the first sitting of the next session.
Governor’s Address
Article 176 provides for the Governor’s special address at the commencement of the first session after each general election to the Assembly and at the commencement of the first session of each year.
Quorum
Under Article 189, the constitutional quorum is 10 members or one-tenth of the total membership of the House, whichever is greater, unless the Legislature of the State provides otherwise by law.
Voting
Unless otherwise provided by the Constitution, questions are determined by a majority of members present and voting.
The presiding officer ordinarily does not vote in the first instance but may exercise a casting vote in case of equality of votes.
Knowledge Check 13. The quorum for a House with 200 members is ordinarily:
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Answer: C. One-tenth of 200 is 20, which exceeds 10.Knowledge Check 14. The constitutional maximum interval between sessions is:
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Answer: B. Article 174 provides the six-month rule.Powers and Functions of the State Legislature
Legislative Powers
The State Legislature may legislate on subjects within its constitutional competence, particularly State List subjects and Concurrent List subjects, subject to constitutional limitations.
Financial Powers
The Assembly has a decisive role in financial matters. A Money Bill can be introduced only in the Assembly. The Council may make recommendations but cannot exercise an absolute veto.
Executive Accountability
The Council of Ministers is collectively responsible to the Legislative Assembly under Article 164(2).
The Assembly may scrutinise the executive through:
- Question Hour and other parliamentary devices.
- Debates and discussions.
- Committee scrutiny.
- Financial control.
- No-confidence motions.
Electoral Functions
Elected members of State Legislative Assemblies participate in the election of the President of India under the constitutional electoral college.
Constitutional Functions
State Legislatures may participate in ratification of certain constitutional amendments when required by Article 368.
Assembly and Council Comparison
| Feature | Assembly | Council |
|---|---|---|
| Election | Direct | Mostly indirect; some nominated |
| Duration | Normally five years | Permanent |
| Money Bill | Decisive role | Recommendations within 14 days |
| Ordinary Bill | Ultimate advantage | Limited delaying powers |
| Collective responsibility | Council of Ministers responsible to Assembly | No equivalent collective-responsibility power |
| No-confidence motion | Can determine survival of government | Cannot remove government through no-confidence vote |
Knowledge Check 15. The State Council of Ministers is collectively responsible to:
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Answer: B. Article 164(2) specifies the Legislative Assembly.Knowledge Check 16. A State Money Bill can be introduced in:
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Answer: C. Money Bills originate only in the Assembly.Legislative Privileges and Institutional Independence
Legislative privileges are rights and immunities that enable the House, its members and committees to perform legislative functions effectively.
Important Privileges
- Freedom of speech in the State Legislature, subject to constitutional provisions and House rules.
- Specified immunity concerning speeches and votes in the legislature.
- Publication-related protections under the Constitution.
- Other privileges determined according to the constitutional framework.
Purpose
Privileges protect institutional independence, legislative deliberation and the ability of members to discharge their constitutional responsibilities.
Knowledge Check 17. State legislative privileges are principally addressed in:
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Answer: A. Article 194 concerns the powers, privileges and immunities of State Legislatures and their members.Constitutional Case Studies
Apply the constitutional provisions to each situation. Answers are available below the options.
Case 1. An Assembly has 200 total members. Of 182 members present and voting, 125 support creation of a Council. Does the Article 169 resolution pass?
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Answer: A. The thresholds are 101 votes for majority of total membership and 122 for two-thirds of 182. Both are satisfied.Case 2. A State Assembly passes an Article 169 resolution. Is the Council created immediately?
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Answer: B. The Assembly resolution initiates the constitutional process.Case 3. A Council has 72 members. Approximately how many are elected by graduates?
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Answer: A. One-twelfth of 72 equals 6.Case 4. An Assembly has 200 sanctioned seats, of which 10 are vacant. What is the minimum effective-majority threshold for Speaker removal?
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Answer: B. There are 190 then members. A majority requires 96.Case 5. A House has 120 members. What is its ordinary constitutional quorum?
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Answer: B. One-tenth of 120 is 12.Case 6. A Legislative Council rejects an Assembly-originated ordinary Bill. Can the Council permanently veto it?
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Answer: B. Article 197 gives the Assembly the final advantage through the prescribed repassage mechanism.Case 7. A Money Bill is sent to the Council and remains there for 15 days without being returned.
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Answer: A. The Council has 14 days to return a Money Bill.Case 8. A Chief Minister loses a no-confidence motion in the Legislative Assembly.
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Answer: A. Collective responsibility is owed to the Assembly.Case 9. The Assembly is dissolved. Does the Speaker immediately cease holding office merely because of dissolution?
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Answer: B. The Speaker continues until immediately before the first meeting of the new Assembly.Case 10. A State Legislative Council has existed for six years. Must the whole Council now dissolve?
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Answer: B. Members retire in rotation; the Council does not dissolve.Final Test — 25 MCQs
All 25 questions are visible below. Choose an answer mentally or on paper, then open the explanation. No JavaScript is needed to display the questions.
1. The State Legislature under Article 168 consists of:
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Answer: B. Article 168 includes the Governor and the relevant House or Houses.2. Which of the following is directly elected?
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Answer: A. Assembly members are directly elected.3. Creation or abolition of a Legislative Council is governed by:
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Answer: B. Article 169 prescribes the process.4. The Article 169 resolution requires:
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Answer: C. Both majority conditions must be met.5. Who ultimately creates or abolishes a Council under Article 169?
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Answer: A. Parliament enacts the required law.6. The general constitutional maximum membership of a Legislative Assembly is:
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Answer: C. Article 170 provides a general maximum of 500.7. The normal minimum age for Legislative Assembly membership is:
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Answer: C. Article 173 requires 25 years.8. The normal minimum age for Legislative Council membership is:
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Answer: C. Article 173 requires 30 years.9. The Council’s normal maximum strength is:
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Answer: B. Article 171 provides the one-third ceiling.10. Approximately one-third of Council members are elected by:
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Answer: C. Article 171 assigns approximately one-third to the local-authorities category.11. Approximately what fraction of Council members is elected by teachers?
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Answer: C. Approximately one-twelfth are elected by the teachers’ electorate.12. Which House is permanent?
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Answer: B. The Council is not subject to dissolution.13. The normal term of an individual Council member is:
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Answer: D. Members ordinarily serve six-year terms.14. Approximately one-third of Council members retire every:
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Answer: B. Retirement takes place in rotation every two years.15. The normal term of a Legislative Assembly is:
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Answer: C. Article 172 provides the normal five-year term.16. The Speaker of the Assembly is chosen by:
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Answer: B. The Assembly chooses its Speaker.17. The Speaker removal resolution requires:
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Answer: B. Article 179 prescribes a majority of all the then members.18. The minimum notice for Speaker removal is:
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Answer: C. At least fourteen days’ notice is required.19. The quorum under Article 189 is ordinarily:
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Answer: B. This is the constitutional default, subject to State law.20. The maximum constitutional interval between sessions is:
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Answer: B. Article 174 contains the six-month rule.21. The State Council of Ministers is collectively responsible to:
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Answer: B. Article 164(2) establishes responsibility to the Assembly.22. A State Money Bill can originate in:
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Answer: C. Money Bills originate in the Assembly.23. The Council must return a State Money Bill within:
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Answer: B. Article 198 provides fourteen days.24. Which statement is correct regarding State legislative deadlocks?
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Answer: C. The Assembly can ultimately prevail through the prescribed procedure.25. Powers, privileges and immunities of State Legislatures are principally covered by:
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Answer: C. Article 194 deals with State legislative privileges.Mains Answer-Writing Practice
Question 1
Explain the constitutional procedure for the creation and abolition of Legislative Councils in India.
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Introduction: Article 169 provides a mechanism for creating or abolishing Legislative Councils.
Body: The State Assembly must pass a resolution supported by a majority of its total membership and at least two-thirds of members present and voting.
Parliament may then pass the required law. The Assembly resolution does not itself create or abolish the Council.
Conclusion: The mechanism balances State initiative with parliamentary legislative authority.
Question 2
Critically examine the relevance of Legislative Councils in contemporary Indian democracy.
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Introduction: Legislative Councils are permanent upper Houses in bicameral State Legislatures.
Arguments in favour:
- Additional scrutiny of Bills.
- Representation of specialised constituencies.
- Continuity of legislative experience.
- Opportunities for deliberation.
Criticisms:
- Additional public expenditure.
- Limited legislative powers.
- Possibility of political appointments.
- Potential legislative delay.
Conclusion: Their value depends on the quality of debate, committee work, representation and institutional accountability.
Question 3
Compare the powers of the Legislative Assembly and Legislative Council with reference to legislation, finance and executive accountability.
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Introduction: Both Houses contribute to legislation, but their powers are unequal.
Legislation: Ordinary Bills may originate in either House, but Article 197 gives the Assembly the final advantage.
Finance: Money Bills originate only in the Assembly. The Council has a recommendatory role subject to a fourteen-day limit.
Executive accountability: The Council of Ministers is collectively responsible to the Assembly under Article 164(2).
Conclusion: The directly elected Assembly occupies the decisive constitutional position.
Question 4
Discuss the constitutional importance of the Speaker of a State Legislative Assembly.
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Introduction: The Speaker is the presiding officer of the Legislative Assembly.
Body: The Speaker regulates proceedings, maintains order, interprets procedural rules and performs constitutional functions, including Money Bill determination and decisions under the Tenth Schedule.
Article 179 provides a removal procedure requiring a majority of all the then members and at least fourteen days’ notice.
Conclusion: The office requires impartiality, institutional independence and commitment to democratic deliberation.
