Houses of State Legislature in India
Houses of State Legislature in India
1. Introduction
India follows a Federal System with a division of powers between the Union and the States. Each State has its own Legislature, which may be unicameral (one house) or bicameral (two houses) depending on the state's choice.
2. Types of State Legislatures
2.1 Unicameral Legislature
The State Legislature consists of only one house called the Legislative Assembly (Vidhan Sabha).
Most states have unicameral legislatures.
2.2 Bicameral Legislature
The State Legislature consists of two houses:
Legislative Assembly (Vidhan Sabha) – Lower House
Legislative Council (Vidhan Parishad) – Upper House
Only a few states have bicameral legislatures, e.g., Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana.
3. Constitutional Provisions
| Aspect | Details |
|---|---|
| Articles | 168 to 212 (Part VI, Chapter III) |
| Article 168 | Provides for the composition of the State Legislature |
| Article 169 | Provides procedure for creating or abolishing the Legislative Council |
| Article 190 | Rules regarding disqualifications, vacation, and resignation of members |
| Article 200 | Assent to bills by the Governor |
4. Composition of the Houses
4.1 Legislative Assembly (Vidhan Sabha)
Directly elected by the people of the State on the basis of adult suffrage.
Number of members varies according to population but cannot be less than 60 and not more than 500.
Members are called MLAs (Members of Legislative Assembly).
Term: 5 years unless dissolved earlier.
4.2 Legislative Council (Vidhan Parishad)
Indirectly elected through various electorates:
Members of Legislative Assembly
Local authorities
Graduates and teachers
Nominated by Governor for distinguished service
Size: Cannot exceed 1/3rd of the size of Legislative Assembly but not less than 40 members.
Members are called MLCs (Members of Legislative Council).
Term: 6 years, with one-third members retiring every two years.
5. Functions and Powers
5.1 Legislative Assembly
Primary law-making body at the State level.
Controls the state executive through confidence motions.
Approves money bills.
Can initiate ordinary and money bills.
Has the power to pass a no-confidence motion against the state government.
5.2 Legislative Council
Acts as a house of review or second chamber.
Cannot reject money bills but may recommend amendments.
Has limited powers compared to Assembly.
Provides representation to special interests (teachers, graduates, etc.).
Can delay bills but not indefinitely (maximum 4 months on ordinary bills, 14 days on money bills).
6. Creation and Abolition of Legislative Council
Article 169 allows Parliament to create or abolish the Legislative Council in a state.
Procedure:
The Legislative Assembly of the State must pass a resolution by a special majority (majority of total membership and two-thirds of members present and voting).
Parliament then enacts a law to create or abolish the Council.
Examples:
Andhra Pradesh abolished its Council in 1985, re-established it in 2007.
Bihar re-established its Council in 2010 after abolition in 1970.
7. Relationship Between the Two Houses
The Legislative Assembly has more powers.
In case of a disagreement on a bill, the Assembly’s decision prevails.
Legislative Council can delay legislation but cannot permanently block it.
8. Case Laws
📌 K.C. Gautam v. Union of India (1962)
Held that Article 169 empowers Parliament to create or abolish Legislative Councils based on the State Assembly’s resolution.
Parliament’s power in this regard is legislative and not judicial, meaning courts cannot question the wisdom of such legislation.
📌 Sundararajan v. Union of India (1969)
Affirmed the legislative competence of Parliament to abolish Legislative Councils.
Held that the State Legislature’s resolution is only a recommendation and Parliament is the final authority.
📌 Kameshwar Singh v. Union of India (1967)
Discussed the federal structure and the autonomy of states in choosing legislative structure.
Reiterated the special procedure for creation/abolition of Councils under Article 169.
9. Significance of Bicameralism at State Level
Legislative Councils provide checks and balances on hasty legislation.
Represent special interests like graduates, teachers.
Provide continuity due to staggered terms.
10. Summary
| Feature | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
|---|---|---|
| Nature | Lower House | Upper House |
| Mode of Election | Directly elected by the people | Indirect election and nomination |
| Term | 5 years | 6 years (1/3rd retire every 2 years) |
| Powers over Money Bills | Can pass, reject, and amend | Can only recommend amendments |
| Power to Dismiss Govt. | Yes (No-confidence motion) | No |
| Creation/Abolition | Permanent (unless state reorganized) | Optional; Parliament can create/abolish |
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