State Legislature

 Articles 168 to 218 of the Constitution deal with the State Legislature
 Every State shall have a Legislature consisting of the Governor and two Houses
where there are two Houses and one House in other States- Article 168 (1)
 Where there are two Houses, one House shall be called the Legislative Council and
the other the Legislative Assembly and where there is one House it shall be called
the Legislative Assembly- Article 168 (2)
 Legislative Council-
 When the Constitution came into force on 26 January, 1950, Articles were passed to
provide for two Houses in 6 States- Bihar, Bombay, Madras, Punjab, Uttar Pradesh
and West Bengal. Provision made in 168
 Parliament can by law abolish Legislative Council where it exists and create it where
it does not exist (Article 169-1)
 If the resolution is passed by a majority of the total membership of the Legislative
Assembly of that State and by a majority of at least two-thirds of the members
present and voting (Article 169-1)
 Structure-
 The number of members of the Legislative Council shall not be less than 40 and not
more than one-third of the total membership of the Legislative Assembly of that
State (Article 171-1)
 Under this limit, the Legislative Council shall be constituted in the following
manner-
 1. One-third members shall be elected by the members of the local bodies of the
State such as Municipality, District Board (Zila Parishad) etc. (Article 171-3A)
 2. 1/12th of the total members shall be elected from universities with at least 3
members from the local bodies of the State. 1/2 of the total members will be elected
by the residents of the state who are graduates of 10 years of age or have equivalent
qualifications. (Article 171-3b)
 3. 1/12 of the total members will be elected by the teachers of secondary and
higher level education institutions of the state who have at least 3 years of
experience. (Article 171-3c)
 4. 1/3 of the total members will be elected by the members of the State Legislative
Assembly from among those persons who are not members of the Legislative
Assembly. (Article 171-3d)
 5. The remaining 1/6 members are nominated by the Governor (Article 171-3e)
 The members of the above four categories are elected by the single transferable
vote system of proportional representation system (Article 171-4)
 The members of the last category are nominated by the Governor from the experts
of the field of literature, science, art, social service and cooperative movement etc.
 Qualifications- Article 173-A and B-
 1. Citizen of India 2. Age 30 years
 3. Not in government service
 4. Not bankrupt, insane and not owing allegiance to a foreign state
 5. Possesses all the qualifications prescribed by the Parliament by law (Article 173-
C)
 Tenure- Article 172- 2-
 Members of the Legislative Council are elected for a term of 6 years, but 1/3
members retire every second year
 Legislative Council is a permanent house which is not dissolved
 Officers and quorum- Article 182-
 To conduct the work of the Legislative Council, a Chairman and a Deputy Chairman
are elected by the members of the Council.
 The Legislative Council can also remove them from the post by its majority.
 The quorum is 1/10 but it cannot be less than 10.
 Meetings-
 According to the Constitution, the Legislative Council must meet at least twice a
year, there should not be a gap of more than 6 months between two meetings.
 At present, there is a Legislative Council in 6 states - Andhra Pradesh (58), Bihar
(75), Maharashtra (78), Karnataka (75), Uttar Pradesh (100) and Telangana (40).
 Jammu and Kashmir also had a Legislative Council before its division (Jammu and
Kashmir and Ladakh Union Territories).
 The then government of Tamil Nadu had passed an Act to constitute a Legislative
Council, but The new government that came to power in 2010 withdrew it.
 The Andhra Pradesh Legislative Council formed in 1958 was abolished in 1985, and
was reconstituted in 2007.
 The number of members of the Legislative Council of the states is not determined
by the Constitution, only the maximum and minimum number is determined.
 Assembly-
 Structure-
 The members of the Legislative Assembly are directly elected by the voters.
 For election, each constituency is divided on geographical basis in such a way that
each member of the Assembly represents at least 75,000 population (Article 170-2)
 The number of members in the state assembly depends on the population of the
state. (Article 170-2)
 According to the Constitution, the maximum number of members of the state
assembly has been fixed at 500 and the minimum at 60 (Article 170-1) )
 After every census, the number of members of the Legislative Assembly is
determined and the state is divided into assembly constituencies in such a way that
the ratio of the population of the state and the number of members of the
Legislative Assembly remains the same
 In the Legislative Assembly of each state, seats are reserved for Scheduled Castes
and Scheduled Tribes in proportion to their numbers.
 In Rajasthan, 34 seats are reserved for Scheduled Castes and 25 seats for Scheduled
Tribes (Total- 59)
 If the Anglo-Indian community is not adequately represented in the Legislative
Assembly, the Governor can nominate a member of that community.
 Under Article 331 of the Constitution, two people from the Anglo-Indian community
can be nominated to the Lok Sabha, while under Article 333, members of this
community can be given a place in the Legislative Assembly.
 At present, 14 states have one Anglo-Indian member in each Legislative Assembly,
these states include Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Jharkhand,
Karnataka, Kerala, Madhya Pradesh, Maharashtra, Tamil Nadu, Telangana, Uttar
Pradesh, Uttarakhand and West Bengal.
 126th Amendment in the Constitution-
 Nomination of Anglo-Indian community and Scheduled Caste and Scheduled Tribes
The time limit for reservation for scheduled tribes was ending after 70 years i.e. on
25 January, 2020. In December, 2019, the Parliament passed the Constitution (126th
Amendment) Bill, 2019 in Lok Sabha and Rajya Sabha.
 This has increased the reservation limit for scheduled castes and scheduled tribes
by ten years.
 But there is no mention of Anglo-Indian community in this. This implies that if no
provision is made, then in future the representation of Anglo-Indian community in
the Houses through nomination will end.
 Qualifications-
 Qualifications are same as that of Lok Sabha members.
 Age should be at least 25 years.
 Rest is same as that of Legislative Council members.
 Tenure- Art. 172- 1-
 Tenure is 5 years, after which the assembly is dissolved
 During the period of emergency, the Parliament may by law extend the term by one
year at a time (Article 172- 1)
 This extended period lasts only for 6 months after the end of the emergency
 Before five years, the assembly can be dissolved by the Governor on the
recommendation of the Chief Minister, if no party gets a clear majority and no party
is in a position to form the government
 The government can also fall prematurely by a no-confidence motion
 Article Under Article 356 also, the Governor can dissolve the Assembly before time.
 Session and quorum-
 Quorum is 1/10, but this number should not be less than 10.
 At least two meetings are necessary in a year, there should not be a gap of more
than 6 months between two meetings (Article 174-1).
 Under special circumstances, a special session of the Assembly can also be called.
 Powers and functions of the State Legislature-
 Its main function is law making, where there are two houses, both the houses and
where there is one house, the Legislative Assembly participates in law making.
 1. Legislative powers-
 The State Legislature works to make laws on the subjects of the State List and the
Concurrent List.
 It can make laws on the Concurrent List only on the condition that it is not contrary
to the Parliamentary law.
 There are some restrictions on the power to make laws on the subjects of the State
List.
 1. In times of emergency, the Parliament cannot make laws on the subjects of the
State List. can make laws (Article 250)
 2. If Rajya Sabha declares a subject of State List to be of national importance by
two-third majority, then Parliament can make laws (Article 249)
 3. Governor's approval is necessary before making laws on some subjects
 4. President's approval is necessary before introducing some bills in the Legislature
 (President's approval is necessary before introducing bills related to property
acquisition, trade restrictions in the Legislature)
 Ordinary bills can be introduced in any House but Money Bills can be introduced
only in the Lower House
 No Bill will expire due to the prorogation of the Houses (Article 191-3)
 On dissolution of the Legislature, a Bill pending in the Legislature will expire, but a
Bill passed by the Legislature and pending in the Legislature will not expire (Article
196)
 In the House having the Legislature, if a Bill is passed by the Legislature and sent to
the Legislature, and if- (Article 193) 197 )
 a. The Legislative Council rejects the bill (Article 197- 1-A)
 b. Three months pass without passing the bill (Article 197- 1-B)
 If the Legislative Council passes it with such amendments which are not approved
by the Legislative Assembly, then (Article 197- 1-C)
 The Legislative Assembly will pass this bill again and send it to the Legislative
Council, and if the Legislative Council again (Article 197- 2)
 a. Rejects it (Article 197- 2-A)
 b. Does not pass it for more than a month (Article 197- 2-B)
 c. Passes it with such amendments with which the Legislative Assembly does not
agree, then (Article 197- 2C)
 This bill will be considered passed in the same form in which it was passed again
was (Art. 197-2-C)
 2. Executive powers-
 The cabinet of the state is answerable to the Legislative Assembly
 The Legislative Assembly controls the Council of Ministers by passing questions,
supplementary questions, adjournment motion, censure motion, reduction motion
 It can also remove the Council of Ministers by passing a no-confidence motion
 3. Financial powers-
 In financial matters, the powers of the Legislative Assembly are more than the
Legislative Council
 Only the Legislative Assembly has the right to vote on demands for grants
 The Legislative Assembly does the work of reducing the amounts contained in the
budget, giving exemption in taxes etc.
 4. Other functions-
 1. The Legislative Assembly takes part in the election of the President
 2. The cooperation of the Legislative Assembly is also necessary in some
constitutional amendments
 3. If there is a Legislative Council, then it elects 1/3 of its members
 Comparison of powers of the Legislative Assembly and the Legislative
Council-
 1. Ordinary bills Regarding-
 Ordinary bill presented in any house
 Bill passed by the Legislative Assembly is rejected by the Legislative Council, or
 Bill is not passed after 3 months from the date of its being placed before the
Council, or
 Legislative Council makes such amendments which are not accepted by the
Legislative Assembly, then
 Legislative Assembly passes that bill again and sends it to the Legislative Council
 If the Legislative Council rejects it again, or makes such amendments which are not
accepted by the Legislative Assembly and if a month elapses in the meantime, then
the bill will be considered passed by both the houses
 In this way the Council can delay for 4 months, it cannot stop the bill
 In case of deadlock between both the houses, joint session will not be called under
any circumstances
 2. Regarding control over the executive-
 Only the Legislative Assembly can remove the executive
 Ministers of the state are answerable to the Legislative Assembly, they are
answerable to the Legislative Council No copy
 The Legislative Council can only ask questions and criticize the Council of Ministers,
but cannot remove them by a no-confidence motion
 3. Regarding financial matters-
 Definition of Money Bill Article. 199
 Money bill is presented only in the Legislative Assembly (Article 198-1)
 Bill passed by the Legislative Assembly is sent to the Legislative Council, which
returns the bill within 14 days (Article 198-2)
 Accepting or rejecting the amendments suggested by the Legislative Council
depends on the will of the Legislative Assembly
 If the Council does not return the bill within 14 days, it will still be considered
passed by both the Houses (Article 198-5)
 Restrictions on the powers of the State Legislature-
 1. The State Legislature cannot make laws on some subjects of the State List
without the prior permission of the President
 2. There are some subjects on which the State Legislature can make laws, but the
Governor sends them for the President's approval (Article 201)
 3. In times of emergency, the Parliament will be able to make laws on all subjects of
the State List (Article 202) 250)
 4. State Legislature can make laws on Concurrent List, but if it is against any law of
Parliament, then only the law made by Parliament is valid, State law is ineffective.
 5. If the State is not being governed according to the Constitution, then the
President can dissolve the State Legislature, new elections can be held, President's
rule can be imposed.
 6. Rajya Sabha can hand over any subject of State List to Parliament by passing a
resolution with 2/3 majority, Parliament can make laws on such subject for one year
and this period can also be extended.
 7. Bills made by States to acquire property and Bills imposing restrictions on trade
within a State or with another State etc. require President's approval before
presenting them in State Legislature.
 Some other Articles.
 1. Appropriation Bill - Article 204
 2. Supplementary, additional or higher demand for grants – Art. 205
 3. Vote on Account, Vote of Recognition, Exception – Article. 206-a.kh.g