The State Legislature is the law-making body at the state level in India. It consists of one or two Houses depending on the state. While all states have a Legislative Assembly (Vidhan Sabha), some states also have a Legislative Council (Vidhan Parishad), making them bicameral.
1. Composition of the State Legislature
🔹 The State Legislature can be unicameral (one House) or bicameral (two Houses).
🔹 Unicameral Legislature – Only Legislative Assembly (Vidhan Sabha).
🔹 Bicameral Legislature – Legislative Assembly (Vidhan Sabha) + Legislative Council (Vidhan Parishad).
States with Bicameral Legislatures
✅ As of 2024, only 6 states in India have a Legislative Council:
- Andhra Pradesh
- Bihar
- Karnataka
- Maharashtra
- Telangana
- Uttar Pradesh
📌 Example:
- West Bengal and Punjab have only a Legislative Assembly (Unicameral).
- Uttar Pradesh has both Vidhan Sabha and Vidhan Parishad (Bicameral).
2. Legislative Assembly (Vidhan Sabha)
🔹 Lower House of the State Legislature.
🔹 Directly elected by the people through elections every 5 years.
🔹 Members are called MLAs (Members of Legislative Assembly).
Composition
✅ Minimum strength – 60 MLAs (Some states have fewer).
✅ Maximum strength – 500 MLAs (Uttar Pradesh -403 has the largest Assembly).
✅ Elected on the basis of Adult Franchise (18+ years can vote).
✅ Governor can nominate one Anglo-Indian member (Removed by 104th Amendment, 2019).
Powers of the Legislative Assembly
✅ Makes laws on State List and Concurrent List subjects.
✅ Controls the Executive (Chief Minister and Ministers).
✅ Approves the state budget.
✅ Passes Ordinary Bills and Money Bills.
✅ Can pass a No-Confidence Motion against the State Government.
📌 Example:
- In Maharashtra (2019), the Assembly witnessed a No-Confidence Motion that changed the government.
3. Legislative Council (Vidhan Parishad)
🔹 Upper House of the State Legislature.
🔹 Exists only in some states (Bicameral Legislatures).
🔹 Acts as a revising chamber, like the Rajya Sabha at the national level.
🔹 Members are called MLCs (Members of Legislative Council).
Composition
✅ Strength cannot exceed 1/3rd of the Legislative Assembly.
✅ Minimum strength – 40 MLCs.
✅ Members are indirectly elected (not by the public directly).
Election of MLCs (Vidhan Parishad Members)
| Category | Elected By | Proportion |
|---|---|---|
| MLAs (Vidhan Sabha) | Legislative Assembly Members | 1/3rd |
| Graduates | University Graduates | 1/12th |
| Teachers | Teachers of Secondary & Higher Education | 1/12th |
| Local Bodies | Municipalities, Panchayats | 1/3rd |
| Governor | Nominates Experts | 1/6th |
📌 Example:
- Uttar Pradesh Legislative Council has 100 members.
Powers of the Legislative Council
✅ Can review and delay bills, but cannot block Money Bills.
✅ Less powerful than the Legislative Assembly.
✅ Cannot dismiss the government.
📌 Example:
- In Karnataka, the Legislative Council delayed an important education reform bill.
4. Powers of the State Legislature
1️⃣ Legislative Powers
✅ Can make laws on subjects in the State List (Police, Health, Agriculture, etc.).
✅ Can make laws on Concurrent List subjects (Education, Criminal Law, etc.), but Parliament’s law prevails in case of conflict.
✅ Legislative Assembly has more power than the Legislative Council.
📌 Example:
- Education laws in Tamil Nadu were amended by the State Legislature.
2️⃣ Executive Powers
✅ Legislative Assembly controls the Chief Minister and Ministers.
✅ Can remove the government by passing a No-Confidence Motion.
✅ Governor must act on the advice of the Council of Ministers (Article 163).
📌 Example:
- In 2021, Puducherry’s government collapsed after a No-Confidence Motion in the Assembly.
3️⃣ Financial Powers
✅ Only the Legislative Assembly can introduce Money Bills (Article 198).
✅ Approves the State Budget.
✅ Legislative Council can discuss Money Bills but cannot reject them.
📌 Example:
- In Telangana, the state budget was passed in the Assembly despite the Council’s objections.
4️⃣ Judicial Powers
✅ Can impeach the Governor (not directly, but by passing a resolution).
✅ Can punish members for breach of privilege.
📌 Example:
- The Tamil Nadu Assembly took action against an MLA for violating House rules.
5. How a Bill Becomes a Law in the State Legislature
🔹 Step 1: Bill is introduced in either House (except Money Bills, which are introduced in the Assembly).
🔹 Step 2: Detailed discussion and debate take place.
🔹 Step 3: If passed, it is sent to the other House for approval.
🔹 Step 4: If both Houses pass it, it goes to the Governor for approval.
🔹 Step 5: The Governor can approve, reject, return, or send the Bill for the President’s consideration (Article 200).
📌 Example:
- In 2022, the Tamil Nadu Assembly passed a bill that was later sent to the Governor for assent.
6. Key Articles Related to the State Legislature
| Article | Provision |
|---|---|
| Article 168 | Composition of State Legislature (Vidhan Sabha and Vidhan Parishad) |
| Article 169 | Creation or abolition of Legislative Councils |
| Article 170 | Composition and size of Legislative Assembly |
| Article 171 | Composition of Legislative Council |
| Article 174 | Governor’s power to summon, prorogue, or dissolve the House |
| Article 200 | Governor’s assent to Bills |
| Article 202 | State Budget (Annual Financial Statement) |
7. MCQs on State Legislature
1. Which article provides for the abolition or creation of Legislative Councils?
a) Article 168
b) Article 169
c) Article 171
d) Article 174
✅ Answer: b) Article 169
2. How many states in India have a Legislative Council?
a) 5
b) 6
c) 7
d) 8
✅ Answer: b) 6
3. Which House of the State Legislature has more power?
a) Legislative Assembly
b) Legislative Council
c) Both are equal
d) Governor’s Office
✅ Answer: a) Legislative Assembly
4. Who decides whether a bill is a Money Bill in the State Legislature?
a) Chief Minister
b) Governor
c) Speaker of the Legislative Assembly
d) Supreme Court
✅ Answer: c) Speaker of the Legislative Assembly
8. Conclusion
The State Legislature plays a vital role in governance, law-making, and financial decisions. The Legislative Assembly holds more power, while the Legislative Council acts as a revising chamber. Understanding its composition, powers, and legislative process is essential for competitive exams. ✅📚
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