Polity-Administration

State Legislature

A state legislature is a legislative branch or body of a political subdivision in a federal system. The state legislature occupies an integral position in political system of India and governing of state. The Constitution of India provides for a legislature in each State and entrusts it with the responsibility to make laws for the state. The Sarkaria Commission was set up to review the balance of power between states and the union. The central government can dissolve a state government in favour of President’s rule if necessary. The state of Jammu and Kashmir has higher autonomy compared to other states by virtue of Article 370.

  • Articles 168 to 212 in Part VI of Constitution of India deal with the organisation, composition, duration, officers, procedures, privileges and powers of the State legislature. Some of these are similar with Parliament of India, while others are different.

What is the role of the state legislature?

State Legislator Duties, when their legislative body is in session, the state legislators create and process bills that will become state law if approved. They also form issue-related committees and subcommittees and debate and read bills and amendments on the legislative floor.
Organisation of State Legislature
In the political system of India, there are two types of states with regard to state legislature. Most of the state in India has unicameral system while few others have a bicameral system. Unicameral system has only one House and is known as the Legislative Assembly (Vidhan Sabha) and in Bicameral system, the State has two houses, the Upper House is known as the Legislative Council (Vidhan Parishad) and the lower House is known as the Legislative Assembly (Vidhan Sabha).
Method of Abolition or Creation of a State Legislative Council (Vidhan Parishad):
Article 169 in Constitution of India provides for Method of Abolition or Creation of a State Legislative Council. If a state Legislature passes a resolution by a special majority, in favour of the creation of the second chamber and if Parliament gives approval to such a resolution by Simple Majority, the concerned State can have two Houses in the Legislature.

Different types of state legislatures:

Unicameral Legislature

Twenty two States in India have unicameral system of state legislature (including Rajasthan). Here, the state legislature includes Governor and Vidhan Sabha.

Other than these states, two Union territories – Delhi and Puducherry have State Legislatures (Both Unicameral).

Bicameral Legislature

Seven States       in India namely: Bihar, Andhra Pradesh, Telangana, Jammu  and Kashmir, Karnataka, Maharashtra and Uttar Pradesh have bicameral system of state legislature. Here, the state legislature includes Governor, Vidhan Sabha and Vidhan Parishad.

Composition of State Legislature

Legislative Assembly (Vidhan Sabha)

Strength: Can be maximum of 500 and minimum of 60, to vary according to population of state and Rajasthan Legislative Assembly has 200 members.

Special Case: Goa, Arunachal Pradesh & Sikkim number is fixed at 30 and for Mizoram & Nagaland at 40 & 46 respectively.

Manner of Election: Members of legislative assembly are elected directly by people on basis of Universal Adult Franchise.

Territorial Constituencies: The demarcation of territorial constituencies is to be done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it, as far as practicable, is the same throughout the State.

Reservation: Constitution makes special provisions regarding the representation of Scheduled Castes and Scheduled Tribes on basis of population ratios.

Nominated Members: Provision has also been made to nominate one member of the Anglo-Indian Community, if the Governor is of the opinion that the community is not adequately represented in the Assembly.

Legislative Council (Vidhan Parishad)

The system of composition of the Council as laid down in the Constitution is not final. The final power of providing the composition of this Chamber of the State Legislature is given to the Union Parliament.

But until Parliament Legislates on the matter, the composition shall be as given in the Constitution, which is as follows.

Strength: Strength of legislative Council cannot be more than one-third of the total number of members in the Legislative Assembly of the State and in no case less than 40 members, however in Jammu and Kashmir the strength is only 36 and Rajasthan does not have legislative council.

Manner of Election:

  1. 1/3 of total number of members of the Council shall be elected by electorates consisting of members of local bodies, such as municipalities, district boards.
  2. 1/12 shall be elected by electorates consisting of graduates of three years’ standing residing in that State
  3. 1/12 shall be elected by electorates consisting of persons engaged for at least three years in teaching in educational institutions within the State, not lower in standard than secondary schools.
  4. 1/3 shall be elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly.
  5. Remainder shall be nominated by the Governor from persons having knowledge or practical experience in respect of such matters as literature, science, art cooperative movement and social service.
  6. Thus 5/6 of member of legislative council are indirectly elected and 1/6 are nominated by the governor.

Duration of State Legislature

Legislative Assembly (Vidhan Sabha): The duration of the Legislative Assembly is five years from date of its first meeting after the general elections. The Governor has the power to dissolve the Assembly even before the expiry of its term.

Additionally, during National Emergency, the Parliament by law can extend the term of assembly for a period not exceeding one year at a time and not extending in any case beyond a period of six months after proclamation has ceased to operate.

Legislative Council (Vidhan Parishad)

Like Rajya Sabha, Legislative council is a continuing chamber. It is a permanent body, unless abolished by the Legislative Assembly and Parliament by due procedure.

One-third of the members of the Council retire on the expiry of every second year, which means, a term of six years for each member. There is no bar on a member getting re-elected on the expiry of his/her term.