Module II

State Legislature

Abhilash Shrawagi
Introduction
• The State Legislature is addressed in Chapter III of Part VI of the Constitution. It is made up of
the state legislature and the Governor. Part VI of the Constitution deals with the state
legislature's organization, composition, duration, offices, processes, privileges, powers, and so
on.
• The State Legislature with only one House is known as the Legislative Assembly (Vidhan Sabha),
and the State Legislature with two houses is known as the Legislative Council (Vidhan Parishad)
and the Legislative Assembly (Vidhan Sabha).
• The State Legislature's aim and objective are to create and introduce bills that are relevant to
the state. Many powers and privileges are granted to members of the State Legislative
Assembly that are equal to those granted to members of Parliament, however, these powers
and functions are limited to that particular State.
• The Constitution of India discusses the relevant details regarding important constituents and
requirements within the State Legislative Assembly in Articles 168 to 212.
• India's legislative system is bicameral.
• Article 169 of the Constitution allows states to have a Legislative Council in addition to the
Legislative Assembly, much as Parliament does.
• The six states with a Legislative Council are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar,
Maharashtra, and Karnataka.
State Legislature
• The legislature's primary role is to create and enact legislation.
• The Indian Constitution contains provisions for the enactment of legislation by the Parliament at
the Union level and the State Legislature at the state level.
• At the federal level, Parliament, and at the state level, the State Legislature.
• Legislation enacted by a Parliament or State Legislature can be challenged in court on the
grounds that it is unconstitutional.
• The same Legislative Procedure is followed by both Houses of Parliament. A bill is proposed for
legislation, and if it is passed, it becomes an act or law.
Unicameral & Bicameral States
Unicameral State:
• A unicameral legislature is one in which just one legislative chamber performs all functions, such
as adopting laws, passing budgets, and debating national and international issues.
• Because most countries have a unicameral legislature, it is the most common. It is an effective
kind of legislation since it makes the law-making process easier and decreases the probability
of obstacles.

Bicameral State:
• We refer to a bicameral legislature as a state with two separate law-making houses that
execute functions such as passing the budget and enacting legislation. At the national level,
India has a bicameral legislature, but states can create their own.
• Only seven states in India have a bicameral legislature. A bicameral legislature, on the other
hand, may not be as effective as a unicameral legislature.
• In certain circumstances, though, it acts as a stumbling block since it makes the legislative
process more complicated.
Abolition & Creation of Legislative Councils
• The Legislative Council (also known as Vidhan Parishad) is the upper chamber of a bicameral
legislature in our country. Article 169 of the Indian Constitution provides for its establishment,
and it can also be removed under the same provision.
• In several of our country's states, the Legislative Council is mentioned in Article 168. In the state
of India, there is no requirement for a bicameral legislature. It's because our founding fathers
recognised that a bicameral legislature would not be achievable in every state (due to
financial or any other reason).

• The constitution permits for the elimination of the second chamber in states where it exists, as
well as the establishment of such a chamber in states where it does not already exist.
• If a state Legislature passes a resolution by an absolute majority, with not less than two-thirds of
the members actually present and voting in favour of the formation of the second house, and
if Parliament agrees to such a resolution, the state concerned can have two Houses in the
Legislature.
• The mechanism for abolishing the Upper Houses is similar. The second chambers were abolished
in the states of Punjab and West Bengal in 1969 and 1970, respectively. Tamil Nadu's Legislative
Council was disbanded in 1986.
Composition of Houses
• The composition of the Legislative Assemblies is discussed under Article 170 of the Indian
Constitution. The purpose of this article is to highlight the organization of the state's Legislative
Assemblies. Article 171 of the Indian Constitution, on the other hand, specifies the composition
of the Legislative Council.

Legislative Assembly (Vidhan Sabha)

• The Legislative Assembly is a legislature that is elected by the people and is the true seat of
power in a state. An assembly's maximum strength must not exceed 500, and its minimum
strength must not be less than 60.
• However, several states, such as Sikkim, Arunachal Pradesh, and Goa, have been allowed to
have smaller legislative assemblies.
• The designation of territorial constituencies should be done in such a way that the ratio
between the population of each constituency and the number of seats awarded to it is
consistent across the State.
• Apart from these broad provisions, there are also specific provisions for the representation of SC
and ST people. If the Governor believes the Anglo-Indian community is underrepresented in the
assembly, he can designate one member from that community (Now removed).
• Term- 5 years
Composition of Houses
Legislative Council (Vidhan parishad)
• The composition of the Legislative Council is given in Article 171 of the Indian Constitution. The
total members in the Legislative Council should not exceed one-third of the total members in
the state Legislative Assembly.
• There is another criteria for the composition of the Legislative Council. The member in the
Legislative Council should not be less than 40 in any case.

• The composition of the Legislative Council can be further divided in the following way:
• One-third of the members of the Legislative Council should be elected from the district boards,
municipalities, and other local authorities which are specified by the Parliament according to
law.
• One-twelfth of its members shall be elected from the person who has been residing in the same
state for the time period of at least three years and graduated from the university which is in
the territory of India.
• One-twelfth of its total members should be elected from the person who is engaged in the
teaching profession for at least three years in the educational institution of the state itself.
• One-third should be elected by Legislative Assemblies and none of them should be a member
of the Legislative Assembly.
• The remainder of the members should be nominated by the Governor according to the
established law.
Qualifications
• A person is not eligible to be elected to a seat in the State Legislature unless he or she has
completed the following requirements.
• The Constitution lays down the following qualifications for a person to be chosen a member of
the state legislature.
• He must be a citizen of India.
• He must make and subscribe to an oath or affirmation before the person authorised by
the Election Commission for this purpose.
• He must be not less than 30 years of age in the case of the legislative council and not less
than 25 years of age in the case of the legislative assembly.
• He must possess other qualifications prescribed by Parliament.
Qualifications
• Parliament has laid down the following additional qualifications in the Representation of
People Act (1951):
• A person elected to the legislative council must be an elector for an assembly constituency
in the concerned state, and he must be a resident of the concerned state to be eligible for
the governor's nomination.
• To be elected to the legislative assembly, a person must be a registered voter in the state
in question.
• He must be a member of a scheduled caste or tribe in order to run for a seat designated
for them. A member of a scheduled caste or tribe, on the other hand, can run for a seat
that is not reserved for them.
Oath or Affirmation
• Every member of either House has to make and subscribe an oath or affirmation before the
governor or some person appointed by him.
• In his oath or affirmation, he swears
• To bear true faith and allegiance to the Constitution of India
• To uphold the sovereignty and integrity of India
• Unless a member takes the oath, he cannot vote and participate in the proceedings of the
House and does not become eligible to the privileges and immunities of the state legislature.

• Members of a state legislature are entitled to receive salaries and allowance as may from time
to time be determined by the state legislature.
Disqualifications (Article 191)
Under the Constitution, a person shall be disqualified for being a member of the legislative
assembly or legislative council:
• If he holds any office of profit under the union or state government (except that of a minister or
any other office exempted by state legislature)
• If he is of unsound mind and stands so declared by a court.
• If he is an undischarged insolvent.
• If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is
under any acknowledgement of allegiance to a foreign state. If he is so disqualified under any
law made by parliament.
Disqualifications (ROP Act, 1951)
• He must not have been found guilty of certain election offences or corrupt practices in the
elections.
• He must not have been convicted for any offence resulting in imprisonment for two or more
years. But the detention under a preventive detention law is not a disqualification.
• He must not have failed to lodge an account of his election expenses within time.
• He must not have any interest in government contracts, works or services.
• He must not be a director or managing agent nor hold an office of profit in a corporation in
which the government has at least 25 percent share.
• He must not have been dismissed from government service for corruption or disloyalty to the
state.
• He must not have been convicted for promoting enmity between different groups or for the
offence of bribery
• He must not have been punished for preaching and practicing social crimes such as
untouchability, dowry and sati.
• On the question whether a member has become subject to any of the above disqualifications,
the Governor’s decision is final.
• However, the Governor should obtain the opinion of the Election commission and act
accordingly (Article 192).
Disqualifications
• Disqualifications On Ground Of Defection
• The Constitution lays down that a person shall be disqualified for being either house under the
provisions of 10th schedule.
• The question of disqualification under the 10th schedule is decided by the Speaker, in the case
of legislative assembly and the chairman, in the case of legislative council.
• In 1992, the Supreme Court ruled that the decision of chairman/speaker is subject to judicial
review.
Vacation of Seats
In the following cases, a member of the state legislature vacates his seat:

• Double Membership: A person cannot serve in both Houses of the state legislature at the same
time. If a person is elected to both Houses, his seat in one of the Houses becomes vacant under
the requirements of a state legislature-enacted statute.
• Disqualification: If a member of the state legislature is disqualified for any of the reasons listed
above, his seat becomes vacant.
• Resignation: A member may resign his or her seat by writing to the Chairman of the Legislative
Council or the Speaker of the Legislative Assembly, as applicable. When the resignation is
accepted, the seat becomes vacant.
• Absence: A House of the state legislature may declare a member's seat empty if he fails to
attend all of its meetings for sixty days without authorization.
• Other Cases: A member must resign from either House of the state legislature if his election is
deemed void by a court, if he is expelled by the House, if he is elected to the office of
president or vice-president, or if he is assigned to the position of governor of a state.
Legislative Procedure
• The Assembly and the Council follow the same Legislative procedure as Parliament.
• The State Legislature must meet at least twice a year, with no more than a six-month
break between sessions.
• The Governor delivers the opening address at the commencement of each new session,
outlining the State Government's policy.
• Except for Money Bills, which can only be introduced in the Assembly, any other Bill can be
introduced in either House. It must go through three readings before being presented to the
Governor for his approval.
• The Governor may return it for reconsideration, but he cannot refuse to sign it if the Legislature
passes it again.
Legislative Procedure
• The Governor may reserve some Bills for consideration by the President, who may request that
he bring them before the Legislature for reconsideration. It is sent to the President for
consideration when it is passed again, with or without amendments.
• Even if the Bill is considered and passed a second time by the State Legislature, the President is
not compelled to approve it.
• The Bill will lapse if the Assembly is dissolved before it is passed, or if the Assembly passes it while
it is pending before the Council.
• However, Bills that have been duly passed by the Assembly if the State has only one House,
and by the Assembly and the Council if the State has two Houses, and are pending before the
Governor's or President's assent do not lapse.
• A bill that has been returned for reconsideration by the Governor or the President can be
reviewed and enacted by the newly constituted Assembly, even if the bill was initially passed
by the dissolved House.
Legislative Procedure
For Ordinary bills:
• Bills may be proposed by either House of State Legislature.
• A minister or a private member may present it.
• It has to go through first, second and third reading in the originating House.
• The Legislative Council does not have equal power, and if the two Houses disagree, the will of
the Legislative Assembly takes precedence. As a result, there is no mechanism of Joint sitting to
resolve deadlock.
• The deadlock may occur if:
• one house passes the bill and the other house rejects it, or
• one house proposes amendments that the other house does not agree with.
• In the Legislative Council, the time limit for passing a Bill received from the Legislative Assembly
is three months.
Legislative Procedure
For Ordinary bills:
• In the event of a disagreement, passage of the Bill by the Legislative Assembly for a second
time is sufficient for passage by the State Legislature. If the Bill is transmitted to the Legislative
Council again after it has been passed, the Council's only option if it is not in agreement with
the bill is to withhold it for one month from the date of its reception on its second journey.
• If the Council rejects the Bill again or suggests revisions that the Legislative Assembly rejects, or
allows one month to pass without passing the Bill, the Bill is presumed to have been passed by
the State Legislature in the form in which it is passed for the second time by the Legislative
Assembly.
• If the Legislative Council originates, enacts, and forwards a Bill to the Legislative Assembly, and
the Legislative Assembly either rejects the Bill or makes amendments that are unacceptable to
the Legislative Council, the Bill is terminated immediately.
Legislative Procedure
For Money bills:
• Only the Legislative Assembly can introduce it, not the Legislative Council.
• It can only be introduced on the Governor's recommendations
• It can only be proposed by a minister and not by a private member. The Legislative Council
cannot reject it or amend it. Within 14 days, it should be returned to the Legislative Assembly,
either with or without recommendations.
• The Legislative Assembly can accept or reject all or any of the Legislative Council's
recommendations.
• If the Legislative Assembly accepts any suggestions given by the Legislative Council, the bill is
considered to have been passed in its modified form by both Houses.
• If the Legislative Council rejects a proposal, the bill is considered to have been passed by both
Houses in the same form as passed by the Legislative Assembly.
• If the Legislative Council does not return the bill to the Legislative Assembly within 14 days, it is
presumed to have been passed by both Houses in the form in which it was originally passed by
the Legislative Assembly at the conclusion of the 14 days time period.
• The Constitution does not contain a provision of Joint sitting for resolving a deadlock between
the two Houses. This is due to the fact that the Legislative Assembly's will is made to take
precedence over the Legislative Council's if the Legislative Council does not agree to the bill
passed by the Legislative Assembly.
Presiding Officer of Legislative Assembly
• There is a need for a head or in charge of every legislative part. The Speaker and Deputy

Speaker serve the same purposes in the Legislative Assembly.

• Article 178 of the Indian Constitution talks about the same. According to this article, there

should be a Speaker and Deputy Speaker should be chosen from the Legislative Assembly.

• In this, it is also mentioned that if the office of Speaker and Deputy Speaker becomes vacant

then it becomes the duty of the Legislative Assembly to choose the new Speaker and Deputy

Speaker respectively.
Presiding Officer of Legislative Assembly
• According to the provisions given in Article 179 of Indian Constitution, a member holding office
as Speaker or Deputy Speaker of an Assembly—
• (a) shall vacate his office if he ceases to be a member of the Assembly;
• (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office;
and
• (c) maybe removed from his office by a resolution of the Assembly passed by a majority of all
the then members of the Assembly:
• Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen
days’ notice has been given of the intention to move the resolution:
• Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his
office until immediately before the first meeting of the Assembly after the dissolution.
Presiding Officer of Legislative Assembly
Powers and Functions of a Speaker
• Article 178 gives the power to the Speaker to preside over the sessions of the Legislative
Assembly of the state. Similar powers are given to the Speaker of the Lok Sabha, as mentioned
in Article 93 of the Indian Constitution.
• The most important function of the Speaker is to preside over the sessions of the Legislative
Assembly and also to maintain discipline and order in the assembly.
• Within the assembly, the Speaker is the master. He has the power to decide whether the Bill is a
Money Bill or not.
• Also, the decision of the Speaker cannot be challenged in a court of law. Money Bills are sent
to the Legislative Council with the approval of the Speaker. The salary of the Speaker is given
from the Consolidated Fund of State.
Presiding Officer of Legislative Assembly
The other functions/ powers of the Speaker are as follows:

• He/she does not participate in the debate of the assembly.

• Only votes when there is a condition of a tiebreak.

• He/She sees whether there is a necessary quorum.

• He has the power to adjourn or suspend the sitting of the Legislative Assembly when there is not

a necessary quorum and also to maintain the discipline of the House.

• He/She has the power to suspend or to expel the member for his/ her unruly behaviour.
Presiding Officer of Legislative Council
• Chairman and Deputy Chairman of the Legislative Council

• According to Article 182 of the Indian Constitution, the Legislative Council must choose its two
members as Chairman and Deputy Chairman.
• It also mentions that the Legislative Council must choose the Chairman and Deputy Chairman
of the Legislative Council as soon as their office becomes vacant.
• The offices of Chairman and Deputy Chairman become vacant very often.
• However, the reason for their removal/ resignation is mentioned in Article 183 of the
constitution. The reasons are as follows:
• Should not hold their post if they are not a member of the Legislative Council.
• By sending the written resignation letter to each other.
• They can be removed by passing a resolution in the Council. However, there should be a
majority of members in support of this resolution. An important point to be remembered while
passing a resolution is that a notice of the intention of resolution should be given before 14
days.
Presiding Officer of Legislative Council
Powers of the Deputy Chairman or other person who performs the duties of the office of, or act as,
Chairman
According to Article 184 of Indian Constitution-
• While the office of Chairman is vacant, the duties of the office shall be performed by the
Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such a member of the
Council as the Governor may appoint for the purpose.
• During the absence of the Chairman from any sitting of the Council the Deputy Chairman or, if
he is also absent, such person as may be determined by the rules of procedure of the Council,
or, if no such person is present, such other person as may be determined by the Council, shall
act as Chairman.
State Legislature- Functions
Legislative Functions
• The State Legislature can formulate laws on the subject of State and Concurrent Lists. However,
in case there is any contradiction between the Union and State law, the law decided by the
Parliament shall prevail.
• Bills can be of two types- Ordinary Bills and Money Bills. Ordinary bills can be introduced in
either of the two houses in case the State Legislature is bicameral, however, the Money Bill has
to initially be introduced in the Vidhan Sabha.
• In case of an Amendment to the Bill, it should be agreed by both houses. A bill that is pending
in the Legislative Council of a particular State which is not passed by the Legislative Assembly
shall not lapse upon the dissolution of the Legislative Assembly.
• However, in case a bill is pending in the Legislative Assembly of a State, or if the bill passed by
the Legislative Assembly is pending in the Legislative Council, the bill will lapse upon the
dissolution of the Assembly. After the bill is passed by both the Houses, it is sent to the Governor
for his approval.
• In case the bill is sent back for reconsideration, this bill can be passed again by Legislature, and
the Governor has to give its assent or reserve assent for the consideration of the President.
State Legislature- Functions
Financial Functions
• The State Legislature has control over the finances of the State. A money bill can only be
introduced in the Vidhan Sabha. The Money bill is inclusive of expenditure that is authorized by
the government, imposition or abolition of taxes, borrowing, etc.
• Money bills cannot be introduced by a private member. It has to be introduced by a Minister
on the recommendations of the Governor. In case of any confusion with regards to the
certification of that particular bill being a money bill, the Speaker of the Vidhan Sabha would
determine the same.
• This money bill after being passed by the Vidhan Sabha needs to be sent to the Vidhan
Parishad. This bill needs to be returned within the time span of 14 days, with, or without any
recommendations. The Vidhan Sabha may accept or reject these recommendations. After
these stages are completed, this bill is sent to the Governor for his assent.
State Legislature- Privileges
• Similar to the powers stated under Article 105(1) for Members of Parliament of freedom of

speech and expression and under clause (2) that no members of the Parliament will be held

liable in any proceeding before any Court for anything said or any vote given by him.

• It further mentions that no individual will be held liable for any publication of any report, paper,

votes, or proceedings if the publication is made by the parliament or any authority under it.

• Article 194 of the Constitution of India states the same privileges for a State legislative. This

absolute privilege can be used by the concerned members only in the premises of the

parliament and anything said outside the premise would be implied as defamatory.
Difference between Legislative Assembly &
Legislative Council
Legislative Assembly (Vidhan Sabha)
The lower house of the State Legislature is
known as the Legislative Assembly.
Legislative Council (Vidhan Parishad)
The Legislative Council is the State Legislature's
upper house.

Election: The method of electing members of Election: The method of electing members of the
the Legislative Assembly is via direct election. Legislative Council is known as indirect election.

Members of the Legislative Council are chosen by

The people elect members of the Legislative
the state legislature, municipal governments, and
Assembly directly.
other entities.

Tenure: Like the Rajya Sabha, the Legislative

Tenure: Members of the Legislative Assembly Council is a permanent chamber.
are elected for a five-year tenure. Members of the Legislative Council are chosen for
a six-year tenure.
Difference between Legislative Assembly &
Legislative Council
Legislative Assembly (Vidhan Sabha)
Leader of the house: The Speaker is the
Legislative Assembly's presiding officer.
Legislative Council (Vidhan Parishad)
Leader of the house: The presiding officer of the
Legislative Council is the Chairman.

Age cap: The Legislative Assembly has a Age cap: Legislative Council members must be
minimum membership age of 25 years. at least 30 years old.

Composition: According to Article 170 of the Composition: According to Article 171 of the
Indian Constitution. Indian Constitution.
Strength: The number of members should equal
Strength: The maximum number of members one-third of the Legislative Assembly's total
is 500, with a minimum of 60. membership. The number of members should not
be less than 40.

Presence: Andhra Pradesh, Bihar, Karnataka,

Presence: India has a Legislative Assembly in
Maharashtra, Telangana, and Uttar Pradesh are
each state.
the only states in India with a Legislative Council.
THANK YOU

Abhilash Shrawagi