Composition of State Legislature in India
Composition of State Legislature in India
1. Introduction
The State Legislature in India is the law-making body at the state level. It is modeled on the Parliament of India and consists of elected representatives who enact laws on subjects in the State List and Concurrent List. The composition and structure of State Legislatures vary according to the size and needs of each state.
2. Types of State Legislatures
The Indian Constitution provides for two types of State Legislatures:
Bicameral Legislature (two houses):
Legislative Assembly (Vidhan Sabha) – Lower House
Legislative Council (Vidhan Parishad) – Upper House
Unicameral Legislature (one house):
Only the Legislative Assembly (Vidhan Sabha)
3. Constitutional Provisions
| Article | Provision |
|---|---|
| Article 168 | Establishes State Legislature |
| Article 169 | Provides for creation or abolition of Legislative Council in states |
| Article 170 | Composition of Legislative Assembly |
| Article 171 | Composition of Legislative Council |
4. Composition of the State Legislature
A. Legislative Assembly (Vidhan Sabha)
Nature: The Lower House of the State Legislature; directly elected by the people.
Constitutional Basis: Article 170.
Size: Minimum of 60 members; in smaller states, the minimum is 40.
Members: Elected by direct adult suffrage from territorial constituencies.
Term: Normally 5 years unless dissolved earlier.
Reservation: Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) as per population.
Qualifications: Indian citizen, age 25+, elector of the state.
Speaker: Presiding officer of the Assembly.
B. Legislative Council (Vidhan Parishad)
Nature: The Upper House; a permanent body not subject to dissolution but one-third members retire every two years.
Constitutional Basis: Article 171.
Existence: Only in states where the Legislative Council exists; states can create or abolish it by passing a resolution in the Assembly and Parliament’s approval (Article 169).
Size: Cannot exceed one-third the size of the Assembly and not less than 40 members.
Composition: Members are chosen by different electorates:
1/3 elected by members of Legislative Assembly,
1/3 by local authorities (municipalities, panchayats),
1/12 by teachers,
1/12 by graduates,
Remainder nominated by the Governor for persons with special knowledge or experience in literature, science, art, cooperative movement, social service.
Term: 6 years, with one-third retiring every two years.
Qualifications: Indian citizen, age 30+, elector of the state.
5. Special Features
Unlike the Rajya Sabha at the central level, the Legislative Council is optional for states.
Legislative Assembly is the more powerful house, especially in financial matters.
The Council has a delaying power but cannot veto money bills.
6. Functions of State Legislature
Making laws on state subjects.
Passing the budget.
Controlling the executive.
Ratifying constitutional amendments when states are involved.
Electing members to the Rajya Sabha.
7. Important Case Laws Related to State Legislature Composition
A. K.C. Gajapati Narayan Deo v. State of Orissa (1953)
Held that the creation of Legislative Council is a legislative process requiring the consent of Parliament and cannot be done unilaterally by the state legislature.
B. Ram Jawaya Kapur v. State of Punjab (1955)
The Supreme Court held that the size of the Legislative Assembly must be determined based on population and territorial extent.
Confirmed that the delimitation of constituencies must ensure adequate representation.
C. Bommai v. Union of India (1994)
Though primarily about federalism and President’s Rule, the judgment re-emphasized the importance of State Legislatures in a federal structure.
8. Comparison with Parliament
| Feature | State Legislature | Parliament of India |
|---|---|---|
| Lower House | Legislative Assembly (Vidhan Sabha) | Lok Sabha |
| Upper House | Legislative Council (optional) | Rajya Sabha |
| Member Age Qualification | Assembly: 25+, Council: 30+ | Lok Sabha: 25+, Rajya Sabha: 30+ |
| Election | Assembly by direct election, Council by various electoral colleges | Lok Sabha by direct election, Rajya Sabha by state legislatures |
| Term | Assembly – 5 years, Council – 6 years (one-third retire every 2 years) | Lok Sabha – 5 years, Rajya Sabha – 6 years |
9. Summary
The Legislative Assembly is the key component in every state, directly elected and powerful.
The Legislative Council is optional and serves as a revising chamber.
The composition reflects democratic representation and is governed by constitutional provisions ensuring federal balance.
States can recommend creation or abolition of Legislative Councils subject to parliamentary approval.
10. Conclusion
The composition of the State Legislature in India is a carefully designed structure balancing democratic representation, federalism, and legislative efficiency. The Constitution provides flexibility with bicameral or unicameral legislatures, reflecting the diversity of Indian states.
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