STATE LEGISLATURE

 Articles 168 to 212 in part VI of the Constitution deal with various

provisions of State Legislature.
 Can be
• UNICAMERAL [One House]
• BICAMERAL [Two House]
• Bicameral Status: 6 States :
 Bihar – 75
 Karnataka - 75
 Maharashtra – 78
 UP – 100
 Andhra Pradesh - 50
 Telangana – 40
• Legislative Council can be created or abolished by the Parliament on the
recommendation of Legislative Assembly.
Note
• Every member of either House of State Legislature, before taking his seat
in the House, has to make and subscribe an oath or affirmation before the
Governor or some person appointed by him for this purpose.
LEGISLATIVE COUNCIL [VIDHAN PARISHAD]
• Also known as Upper House. Like Rajya Sabha, it is also a permanent
house (sort of) and cannot be dissolved.
Strength
• The total strength cannot exceed 1/3rd of the strength of Legislative
Assembly, subject to a minimum of 40 members.
The strength varies as per the population of State.
Creation and Abolition
• As per Article 169, if the Legislative Assembly passes a resolution for
abolishing or creating of the Legislative Council by a majority of the total
membership of the assembly and by a majority of not less than two-third of
the members present and voting (Special Majority), the Parliament may
approve the resolution by a simple majority.
• The resolution passed by the Legislative Assembly for the creation or
abolition of its Council is not binding on the Parliament. The
Constitution under Article 368) and is passed like an Ordinary Bill (i.e., by
simple majority).
Tenure
• 6 years term with 1/3rd members retiring every two years. So, a member
continues as such for six years. The vacant seats are filed up by fresh
elections and nominations (by Governor) at the beginning of every third
year. The retiring members are also eligible for re-election and re-
nomination any number of times.
Qualification
* Same as that of Lok Sabha, except the age which is 30 yrs.
Election
* Indirect election is there:
 One third of the members are elected by local bodies in the State like
municipalities, panchayats, etc,
 One-third by the members of the Legislative Assembly of the State
from among the members who are not the members of the Assembly,
 One-twelfth by university graduates of atleast 3 yrs standing and
residing within the State,
 One-twelfth by teachers (not less than secondary school, i.e., X
standard) of atleast 3 yrs standing and
 One-sixth nominated by the Governor from among those persons
who distinguish themselves in literature, science, art, cooperative
movement and social service.
 Thus, 5/6 of the total number of members of a Legislative Council are
indirectly elected and 1/6 are nominated by the Governor. The
members are elected in accordance with the system of proportional
representation by means of a single transferable vote.
Chairman
• The Council elects a Chairman and a Deputy-Chairman from amongst its
members.
• As a Presiding Officer, the powers and functions of the Chairman in the
Council are similar to those of the Speaker in the Assembly. However, the
Speaker has one special power which is not enjoyed by the Chairman. The
Speaker decides whether a Bill is a Money Bill or not and his decision on
this question is final.
LEGISLATIVE ASSEMBLY (VIDHAN SABHAI)
• Also known as Lower House, just like the Lok Sabha.
• Consists of directly elected representatives.
• Has a term of 5 yrs but can be dissolved by the Governor earlier. Term
can be extended by one year at a time (for any length of time) during
national emergency.
• The Council of ministers is collectively responsible to the Assembly.
The Chief Minister is the leader of the house (if he is a member)
Strength
• Consists of not more than 500 members & not less than 60 members. The
strength varies according to the population of the State concerned (decided
by the election Commission of India). However, the legislative Assembly of
Sikkim, Coa, Mizoram and Puducherry have less than 60 members.
• The Governor can nominate one member from the Anglo-Indian
community, if the community is not adequately represented in the
Assembly.
Qualification
• Same as that of Lok Sabha or Legislative Council except that the minimum
age is 25 years.
Speaker/Deputy Speaker
• Every Legislative Assembly chooses its two members to be the Speaker
and Deputy Speaker.
• Their functioning, resignation, removal procedures are exactly the same
as the Speaker/Deputy Speakers of the Lok Sabha.
powers
• Can legislate on subjects contained in the State List as well as in the
Concurrent List.
• Exercises control over State expenses.
• Exercises control over State Council of Ministers (can even remove it by
passing the No-Confidence Motion).
• Participates in the election of the President.
• Has a share in the Amendment of Constitution as some provisions can
be amended after ratification by the legislatures of half of the States.
LEGISLATIVE PROCEDURE IN STATE LEGISLATURE
• With reference to Money Bill, the position is the same at Union and
State levels : the Bill can be introduced only in the Assembly; the
will of the Assembly prevails; and the Assembly is not bound to
accept any recommendation by the Council which may at the most
withhold the Bill for 14 days from the date of its receipt.
• In case of Ordinary Bill, the only power of the Council is to
interpose some delay in the passage of the bill for a period or
prevails and when the Bill comes to the Council a second time the
Council can delay it for not more than a month.
• Therefore, the ultimate power of passing an Ordinary Bill is vested
in the Assembly. At the most, the Council can detain or delay the bill
for a period of four months- three months in the first instance and
one month in the second instance.
• There is no provision of joint sitting for solving difference between
the two houses. In case of a bill originating in the council, the
assembly has the power of rejecting and putting an end to it
forthwith
• thus, the council has been given much lesser significance, position
and authority than that of the rajya sabha at the centre.
• When a state legislature doesn’t have a rule on a particular matter,
it follows the rule of lok sabha on that matters
ASSENT OF THE GOVERNOR
Every Bill, after it is passed all the Assembly or by both the Houses in case
of a bicameral legislature, is presented to the governor for his assent. There
are four a alternatives before the Governor :
1. he may give his assent to the Bill;
2. he may withhold his assent to the Bill;
3. he may return the Bill for reconsideration of the House or Houses; and
4. he may reserve the Bill for the consideration of the President.
If the Governor gives his assent to the Bill, the Bill becomes an Act and is
placed on the Statute Book. If the Governor withholds his assent to the Bill,
the Bill ends and does not become an Act. If the Governor returns the Bill
for reconsideration and if the Bill is passed by the House or both the Houses
again, with or without amendments, and presented to the Governor for his
assent, the Governor must give his assent to the Bill.
Assent of the President
• When a Bill is reserved by the Governor for the consideration of the
President, the President may either give his assent to the Bill or withhold
his assent to the Bill or return the Bill for reconsideration of the House or
Houses of the State Legislature. When a Bill is so returned, the House or
Houses have to reconsider it within a period of six months.
• The Bill is presented again to the Presidential Assent after it is passed by
the House or Houses with or without amendments.
It is not mentioned in the Constitution whether it is obligatory on the part
of the President to give his assent to such a Bill or not.