The state legislature

The Constitution provides for a Legislature for every State. The Legislature of every State consists of the Governor and one or two Houses. The Legislatures in the State are either bicameral (consisting to two houses) or unicameral (consisting of one House). The Legislature in Jammu & Kashmir, Bihar, Maharashtra, Karnataka and Uttar Pradesh, is bicameral. In the remaining States the Legislature is unicameral consisting of the Legislative Assembly.

Creation and abolition of legislative councils

Under Art. 169 Parliament may be law provide for the abolition of the Legislative Council in a State where it already exists or for the creation of such a Council in a State. Where such a Council does not exist, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting, the Parliament may approve the resolution by a simple majority. A resolution passed by the Legislative Assembly of a State for the Parliament. The Parliament may or may not approve such a resolution. The power for the creation or abolition of the Legislative Council lies with the Parliament.

Composition of the houses

Legislative council (vidhan parishad)

The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State. But the total number of members in the legislative Council of a State shall in no case be less than 40. The composition of the Legislative Council is as follows: -

Of the total number of members in the Legislative Council of a State:

(a)     One-third is to be elected by electorates consisting of members of Municipalities, District Boards and other local authorities in the State as Parliament by law may specify.

(b)     One-twelfth are to be elected by electorate consisting of graduates of three years attending residing in the State.

(c)     One-twelfth are to be elected by electorates consisting of persons who have been teaching for at least three years in educational institutions not lower in standards than secondary school.

(d)     The remainder, i.e. one-sixth are to be nominated by the Governor from persons having special knowledge or practical experience in Literature, Science, Art, Cooperative movement and social Service.

The Legislative Council is not subject to dissolution but after every two years, one-third of its members retire. Like the Rajya Sabha in the Centre it is a permanent body.

Legislative assembly (vidhansabha)

The Legislative Assembly in a State is the popular House. The minimum number of seats of the Legislative Assembly is fixed at 60 and the maximum number is fixed at 500. The members of Legislative Assembly are chosen directly by the people on the basis of adult franchise from territorial constituencies in the State.

In the Legislative Assembly of every State, seats are reserved for the Scheduled Tribes and Scheduled Castes on the basis of population. If the Governor of a State is of the opinion that the Anglo-Indian Community is not adequately represented in the Legislative Assembly he may nominate one member of that community to the Assembly, as he considers appropriate.

The normal tenure of the legislative Assembly of every state is of five-years but it may be dissolved earlier by the governor. The Constitution (42nd Amendment) Act, 1976 had extended the term of the Legislative Assemblies of States from “five years” to “six years”. The Constitution (44th Amendment) Act, 1978 restored the term of the State Legislative Assemblies to five years. During the proclamation of national emergency the life of the Assembly may be extended by an Act of Parliament for a period of one year at a time, but in no case beyond a period of six months after the proclamation has ceased to operate.

Qualification for membership

A Person to be qualified to be chosen as a member in the State Legislature:

(a)     Must be citizen of India;

(b)     Must not be less than 25 years of age in the case of  the Legislative Assembly and not less than 30 years in case of the Legislative Council.

(c)     Must posses such other qualifications as may be prescribed by Parliament by law.

Disqualification for membership

A person is disqualified for being chosen as a member of the Legislature of a State-

(a)     If he holds any office of profit under the Central or State Government, or

(b)     If he is of unsound mind, or

(c)     If he is an undischarged insolvent, or

(d)     If he is not a citizen of India or has voluntarily   acquired the citizenship of a foreign State or is under      any acknowledgement of allegiance or adherence of a foreign State, or

(e)     If he is so disqualified under any law of Parliament.

If any question arises as to whether a member of a House of the Legislature of a State has become a subject to any of the disqualifications mentioned above, the question shall be referred for the decision of the Governor and his decision is final. Before giving any decision on any such question, the Governor should obtain the opinion of the Election Commission and must act according to such opinion.

Sessions of the state legislature

According to Art. 174 the Governor shall from time to time summon the Legislature to meet at such time and places he thinks fit. But six months should not intervene between its last sitting in one session and the date appointed for its sitting in the next session. This means that the Legislature must meet at least twice a year.

Chairman and deputy chairman of legislative council

The Legislative Council of each State elects its Chairman and Deputy Chairman from among its members. Like the Vice-President in the Rajya Sabha, the Governor is not the ex-officio Chairman of the Legislative Council.

Like the Speaker and Deputy Speaker, the Chairman and Deputy Chairman may resign from their offices, vacate their offices when they cease to be members of the Council and may be removed from their offices. Provisions regarding their powers and functions are similar to those of the Rajya Sabha.

Speaker and deputy speaker

The Speaker is the Chief Presiding Officer of the Legislative Assembly of a State. He is selected by the members of the Assembly amongst themselves. The Assembly elects it’s Deputy Speaker also form its own members. The Deputy Speaker performs the duties of the Speaker when the Speaker is absent or while the office or the Speaker is vacant. But if the office of the Deputy Speaker is also vacant, the duties of the office of the Speaker are performed by such member of the Assembly as the Governor may appoint for the purpose.

Both Speaker and the Deputy Speaker vacate their offices when they cease to be members of the Assembly. They may also resign from their offices. They can be removed from their offices by a resolution of the Assembly passed by a majority of all the then members of the Assembly. For moving such a resolution fourteen days notice is required.

The Speaker doesn’t vacate his office on the dissolution of the Assembly. He continues in office until a new speaker is elected before the new House meets.

Power and functions of speaker

The position, duties and powers of the Speaker of a State Legislature are the same as those of the Speaker of the Lok Sabha.

Legislative procedure

The Legislative Procedure in a State having a unicameral legislature is simple. All Bills originate in the single chamber, i.e., the Legislative Assembly and when duly passed are presented to the Governor for his assent. But in case of a bicameral legislature, the procedure is slightly different from that of the Parliament.  If the Vidhan Sabha rejects a Bill, who originated in the Vidhan Parishad, then that is the end of the Bill. In case of Money-Bills, the procedure followed is exactly similar to that of the Parliament. But in case of a Financial or Ordinary Bill, when the Bill is passed by the Vidhan Sabha, it is transmitted to the vidhan Parishad. If the Upper House: - (a) rejects the Bill outright, or (b) the Bill is rejected by the Parishad, or (c) the Bill is passed by the Parishad with amendments to which the Vidhan Sabha does not agreed, then the Bill is deemed to have been passed by both the House in the form in which it was passed by the Assembly for the second time and is presented to the Governor for his assent. The Upper House does not enjoy equal powers with the Lower House and on its own cannot amend a Bill. It can only delay the passage of a Bill for a maximum period of four months. There is no provision for a joint sitting of the State Legislature to resolve a deadlock over the passage of Bill. It is the will of the Vidhan Sabha that prevails, ultimately. The two Houses assemble jointly only when the Governor addresses them together at the commencement of the first session of the year or immediately after a general election to the Vidhan Sabha.

Privileges and Immunities ofthe State Legislature and Its Member

These are similar to the Parliament and its members.

Committees ofthe Legislature

These are comparable to the Parliamentary Committees.

The Strength of Vidhan Sabha in States

The Legislative Assembly of Jammu & Kashmir has been provided 100 seats but 24 seats fall in Pak-Occupied Kashmir.

All the UnionTerritories do not have a Legislative Assembly. Out of seven UnionTerritories, only two, i.e., Delhi and Pondicherry have a Legislative Assembly.

Composition of legislative councils in states

Key terms

Bicameral Legislature: A legislature consisting of two houses; in a State called as Legislative Assembly and Legislative Council respectively.

Unicameral Legislature: A Legislature consisting of a single house only called as Legislative Assembly. A majority of states of the Indian Union have a unicameral legislature only.

Instrument of Accession: A document signed between the Government of India and the State of J&K by virtue of which the latter acceded to the Indian Union and became its integral part.

Sadr-e-Riyasat: The head of the State in J&K was formerly so called. Dr Karan Singh, Son of the Dogra ruler, Hari Singh became the first Sadr-e-Riyasat.