Introduction

India is a Union of States. It means that there is one Union Government and several State
Governments, it also means that Union (Centre) is more powerful than States. At present there are
28 States in the Indian Union and each one of them has a Legislature. The State Legislature is a law-
making body at state level.

Objectives:

describe the composition of Vidhan Sabha and Vidhan Parishad;

recall qualifications of the Members of Legislature;

explain powers and functions of State Legislature;

examine relationship between both the Houses; and

highlight that Vidhan Sabha is more powerful than Vidhan Parishad.

Composition of State Legislature

In most of the States, the Legislature consists of the Governor and the Legislative Assembly (Vidhan
Sabha). This means that these State have unicameral Legislature. In a few States, there are two
Houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council
(Vidhan Parishad) besides the Governor. Where there are two Houses, the Legislature, is known as
bicameral.

Five States have the bicameral, legislature. The Legislative Assembly is known as lower House
or popular House. The Legislative Council is known as upper House. Just as Lok Sabha has been made
powerful at the Union level, the Legislative Assembly has been made a powerful body in the States.

Legislative Assembly (Vidhan Sabha)

There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of State. The
members of Vidhan Sabha are directly elected by people on the basis of universal adult franchise.
They are directly elected by all adult citizens registered as voters in the State. All men and women
who are 18 years of age and above are eligible to be included in the voters’ List. They vote to elect
members of State Assembly. Members are elected from territorial constituencies. Every State is
divided into as many (single member) constituencies as the number of members to be elected. As in
case of Lok Sabha, certain number of seats are reserved for Scheduled Castes, and in some States for
Scheduled Tribes also. This depends on population of these weaker sections in the State.

In order to become a Member of Vidhan Sabha a person must:

 be a citizen of India;
 have attained the age of 25 years;
 his/her name must be in voters’ list;
 must not hold any office of profit i.e.;
 should not be a government servant.

The number of Vidhan Sabha members cannot be more than 500 and not less than 60. However,
very small States have been allowed to have lesser number of members. Thus, Goa has only 40
members in its Assembly. Uttar Pradesh (is a big state even after creation of Uttaranchal from this
state in 2002) has 403 seats in the Assembly.

The Governor of the State has the power to nominate one member of Anglo-Indian community if this
community is not adequately represented in the House. As in case of the Lok Sabha, some seats are
reserved for the members of Scheduled Castes and Schedule Tribes. The tenure of Vidhan Sabha is
five years, but the Governor can dissolve it before the completion of its term on the advice of Chief
Minister. It may be dissolved by the President in case of constitutional emergency proclaimed under
Article 356 of the Constitution.

In case of proclamation of national emergency (under Article 352) the Parliament can extend the
term of the Legislative Assemblies for a period not exceeding one year at a time.

Presiding Officer(Speaker)

The members of Vidhan Sabha elect their presiding officer. The Presiding officer is known as
the Speaker. The Speaker presides over the mee tings of the House and conducts its proceedings. He
maintains order in the House, allows the members to ask questions and speak. He puts bills and
other measures to vote and announces the result of voting. The Speaker does not ordinarily vote at
the time of voting. However, he may exercise casting vote in case of a tie. The Deputy Speaker
presides over the meeting during the absence of the Speaker. He is also elected by the Assembly
from amongst its members.

Legislative Council (Vidhan Parishad)

Vidhan Parishad is the upper House of the State Legislature. It is not in existence in very State. Very
few States have bicameral Legislature that means having two Houses. At present five states viz. Utter
Pradesh, Bihar, Karnataka, Maharashtra and Jammu & Kashmir have Vidhan Parishad while,
remaining 23 States have one House, i.e. Vidhan Sabha. Legislative Councils are legacy of the British
period. The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative
Assembly of the State passes a resolution to this 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, and sends the resolution to the Parliament. Similarly, if a State has a Council and the
Assembly wants it to be abolished, it may adopt a resolution by similar majority and send it to
Parliament. In this situation Parliament resolves to abolish the concerned Legislative Council.
Accordingly, Councils of Punjab, Andhra Pradesh, Tamil Nadu and West Bengal were abolished.

According to the Constitution, the total number of members in the Vidhan Parishad of a State should
not exceed one-third of the total number of members of Vidhan Sabha but this number should not
be less than40. The Jammu & Kashmir is an exception where Vidhan Parishad has 36 members.

In order to be a member of the Legislative Council the person concerned should

 be a citizen of India:
 have attained the age of 30 years;
 be a registered voter in the State;
 not hold any office of profit.

The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance
with the principle of proportional representation by means of single transferable vote system. Different categories of
members represent different interests. The composition of the Legislative Councils as follows:
1.One-third members of the Council are elected by the members of the Vidhan Sabha.
2.One-third of the members of the Vidhan Parishad are elected by the electorates consisting of members of
Municipalities, District Boards and other local bodies in the State;
3.One-twelfth members are elected by the electorate consisting of graduates in the State with a standing of three
years;
4.One-twelfth members are elected by the electorate consisting of teachers of educational institutions within the State
not lower in standard than a secondary school who have teaching experience of atleast three years;
5.The remaining, i.e. about one-sixth members are nominated by the Governor from amongst
the persons having special knowledge in the sphere of literature, science, arts, co-operativemovement
and social service.
The Vidhan Parishad, like Rajya Sabha is a permanent House. It is never dissolved. The tenure of its
members is six years. One-third of its members retire after every two years. The retiring members
are eligible for re-election. In case of vacancy arising out of resignation or death by-election is held
for the remaining period of such members’ tenure.

Chairman of the Legislative Council (Presiding Officer)

The presiding officer of the Vidhan Parishad (Legislative Council) is known as the Chairman, who is
elected by its members. The business of Vidhan Parishad is conducted by the Chairman. He presides
over the meetings and maintains discipline and order in the House. In addition to his vote as a
member, he can exercise his casting vote in case of a tie. In his absence, Deputy Chairman presides
over the House. He is also elected by the members of the Parishad from amongst themselves.

Sessions of The State Legislature

The State Legislature meets at least twice a year and the inteval between two sessions cannot be
more than six months.
The Governor summons and prorogues the sessions of State Legislature. He addresses the Vidhan
Sabha or both Houses (if there is bi-cameral Legislature) at the commencement of the first
session after each general election and at the commencement of the first session of the year. This
address reflects the policy statement of the government which is to be discussed in the Legislature,
and the privileges and immunities of the members of the State Legislature are similar to that of
members of Parliament

Powers and Functions of The State Legislature

Law Making Function

The primary function of the State Legislature, like the Union Parliament, is law-making. The State
Legislature is empowered to make laws on State List and Concurrent List. The Parliament and the
Legislative Assemblies have the right to make the laws on the subjects mentioned in the Concurrent
List. But in case of contradiction between the Union and State law on the subject the law made by
the Parliament shall prevail.

Bills are of two types-Ordinary bills and Money bills. Ordinary bills can be introduced in either of the
Houses(if the State Legislature is bicameral), but Money bill is first introduced in the Vidhan Sabha.
After the bill is passed by both Houses, it is sent to the Governor for his assent.
The Governor can send back the bill for reconsideration. When this bill is passed again by the
Legislature, the Governor has to give his assent. the Governor can issue an Ordinance on the State
subjects when legislature is not in session. The Ordinances have the force of law. The Ordinances
issued are laid before the State Legislature when it reassembles. It ceases to be in operation after
the expiry of six weeks, unless rejected by the Legislature earlier.
The Legislature passes a regular bill, to become a law, to replace the ordinance. This is usually done
within six weeks after reassembly of Legislature.

Financial Powers

The State Legislature keeps control over the finances of the State. A money bill is introduced first
only in the Vidhan Sabha. The money bill includes authorisation of the expenditure to be incurred by
the government, imposition or abolition of taxes, borrowing, etc. The bill is introduced by a Minister
on there commendations of the Governor. The money bill cannot be introduced by a private
member. The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
After a money bill is passed by the Vidhan Sabha, it is sent to the Vidhan Parishad. It has to return
this bill within 14 days with, or without, its recommendations. The Vidhan Sabha may either accept
or reject its recommendations. The bill is deemed to have been passed by both Houses. After this
stage, the bill is sent to the Governor for his assent. The Governor cannot withhold his assent, as
money bills are introduced with his prior approval.

Control over the Executive

Like the Union Legislature, the State Legislature keeps control over the executive. The Council of
Ministers is responsible to Vidhan Sabha collectively and remains in the office so long as it enjoys the
confidence of the Vidhan Sabha. The Council is removed if the Vidhan Sabha adopts a vote of no-
confidence, or when it rejects a government bill.

In addition to the no-confidence motion, the Legislature keeps checks on the government
by asking questions and supplementary questions, moving adjournment motions and calling
attention notices.
Electoral Functions

The elected members of the Vidhan Sabha are members of the Electoral College for the election of
the President of India. Thus they have say in the election of the President of the India. The members
of the Vidhan Sabha also elect members of the Rajya Sabha from their respective States. One-third
members of the Vidhan Parishad (if it is in existence in the State) are also elected by the members of
the Vidhan Sabha.
In all these elections, members of the Vidhan Sabha (Assembly) cost their votes in accordance with
single transferable vote system.

Constitutional Functions

An Amendment requires special majority of each House of the Parliament and ratification by not less
than half of the States relating to Federal subjects. The resolution for the ratification is passed by
State Legislatures with simple majority. However, a constitutional amendment cannot be initiated in
the State Legislature.

Limitations of the power of state legislature

The powers of law-making by the Legislature are limited in the following manner:

As explained above, State Legislature can make a law on the subjects listed in the State List and also
the Concurrent List. But in case, the State law on a subject in the Concurrent list is in conflict with
the Union law, The law made by the Parliament shall prevail.

The Governor of the State may reserve his assent to a bill passed by the State Legislature
and send it for the consideration of the President. It is compulsory in case the powers of the High
Court are being curtailed. In some other cases, prior approval of the President for introducing the bill
in the Legislature is essential such as, for imposition of restriction on the freedom of trade and
commerce within the State or with other States.

The Parliament has the complete control on the entire State List at the time when the national
emergency has been declared (under Art. 352), although the State Legislature remains in existence
and continues to perform its functions. In case of breakdown of constitutional machinery (under
Article 356) after fall of popular Government in the State, the President’s rule is imposed. The
Parliament then acquires the power to make laws for that State, for the period of constitutional
emergency.

The Parliament can also make laws on a subject of the State list in order to carry on its international
responsibility. If the Rajya Sabha adopts a resolution by two-thirds majority to this effect, on its own
or at the request of two or more States, the Parliament can enact laws on a specified subject of the
State list.

Fundamental rights also impose limitations on the powers of the State Legislature. It cannot make
laws which violate the rights of the people. Any law passed by the State Legislature can be declared
void by the High Court or Supreme Court if it is found unconstitutional as violate of the fundamental
rights.

Comparison of the two houses of state legislature

Legislative Assembly (Vidhan Sabha) like the Lok Sabha, occupies a dominant position. Legislative
Council (Vidhan Parishad) enjoys much less powers as compared to the powers of Vidhan Sabha even
in relation to ordinary bills. The Rajya Sabha at the Centre enjoys equal powers in consideration of
bills other than money bills; but Vidhan Parishad enjoys much lesser powers as compared to the
Rajya Sabha.

The relative position of the Vidhan Sabha and Vidhan Parishad is as under:

In Relation to Ordinary Bills

In case of the Parliament, if there is disagreement between the two Houses over an ordinary bill, the
President summons a joint sitting of both the Houses and if the bill is passed there by the majority of
votes, the bill is taken as passed by both Houses of the Parliament. But this provision of the joint
sitting does not exist in the States.

Although an ordinary bill can originate in either House of the State Legislature, yet both Houses have
unequal powers. If a bill is passed in the Vidhan Sabha, it is transmitted to the Vidhan Parishad for co
nsideration.When it is passed by Vidhan Parishad without any amendment, the bill is sent to the
Governor for his assent. In case, the bill is (a) rejected by the Parishad or (b)more than three
months elapsed without the bill being passed by the Parishad, or (c) bill is passed with
amendment to which the Vidhan Sabha does not agree, the Vidhan Sabha may pass the bill again in
the same or in the subsequent session. After that the bill is again sent to the Vidhan Parishad. If the
Vidhan Parishad does not return the bill within a period of one month, the bill is deemed to have
been passed by both Houses of the State Legislature and is sent to Governor for his assent. Thus the
Vidhan Parishad can delay the bill for a maximum period of four months. On the other hand, if
the bill is first passed by the Vidhan Parishad and rejected by the Vidhan Sabha, the bill is rejected
and cannot become a law.
In Relation to Money Bills

Like in the Lok Sabha, money bill is introduced first in Vidhan Sabha. It cannot be initiated in the
Vidhan Parishad. The Speaker of the Vidhan Sabha certifies whether a particular bill is a money bill.
After the bills passed in the Vidhan Sabha, it is sent to the Vidhan Parishad. The Vidhan Parishad gets
14 days time to consider the bill. If the Parishad passes the bill, it is sent to the Governor for his
assent. If the bill is not returned by the Vidhan Parishad within 14 days, it is deemed to have been
passed by the Vidhan Parishad. If it suggests certain changes in the bill and sends to Vidhan Sabha,
the Vidhan Sabha may accept or reject the changes suggested by the Parishad. The bill is then sent to
the Governor for his assent who is bound to give his assent.

Control Over the Executive

The Council of Ministers of the State is responsible to the Vidhan Sabha only and remains in the
office so long as it enjoys the confidence of the Assembly (Vidhan Sabha). Although members in the
Vidhan Parishad can ask questions, introduce adjournment motions, calling attention notives, etc. yet
the Vidhan Parishad cannot remove the government.

Electoral Functions

Only the elected members of the Vidhan Sabha are entitled to participate in the election of the
President of India. The members of the Vidhan Sabha do so in their capacity as the members of the
Electoral College. But the members of the Vidhan Parishad are not entitled to vote in the election of
the President. Members of the Rajya Sabha from each State are elected only by the members of
Assembly and not of the Council.

The above discussion makes it clear that the Vidhan Parishad is powerless and non-influential House.
It has become a secondary House. Thus, many States prefer to have unicameral Legislature. But the
Vidhan Parishad is not superflous. It serves as a check on hasty Legislation made by Vidhan Sabha by
highlighting the short bills comings or defects of the bill. It lessens the burden of the Vidhan Sabha,
as some bill are initiated in the Vidhan Parishad.

Conclusion

The State Legislature consists of the Governor, the Legislative Council (Vidhan Parishad) and the
Legislative Assembly (Vidhan Sabha). In most of the States there are unicameral Legislatures. These
State Legislatures consist of the Governor and the Legislative Assembly. The Parliament is
empowered to set up or abolish the Vidhan Parishad in a State. The Vidhan Parishad is partly
indirectly elected and partly nominated. It is permanent House like the Rajya
Sabha. It is never dissolved. The tenure of its members is six years. One third members retire after
every two years.

The minimum age for the membership of the Vidhan Parishad is 30 years, it is 25 years for Vidhan
Sabha. Members of the Vidhan Sabha are directly elected by the people of the State on the basis of
universal adult franchise. Its tenure is five years, but the Governor can dissolve it earlier on the
advice of the Chief Minister. In case of constitutional breakdown it may be dissolved by the
President. The powers of the State Legislature are law-making control over the finances, and the
executive, electoral functions and constitutional functions.

The Vidhan Sabha occupies a dominant position. The Vidhan Parishad enjoys less powers as
compared to the Vidhan Sabha in relation to ordinary bills, money bills, control over the executive
and powers in regard to the election of the President, etc.