State legislature

• A State Legislature represents the legislative branch of a political division within a federal system.  
• The Constitution grants states the flexibility to establish either a unicameral or bicameral legislature, outlined in Articles 168 to 212 in Part V of the Constitution, which addresses the organization, composition, duration, officers, procedures, privileges, powers, and more of the State Legislature. 
• As per Article 168 of the Indian Constitution, each state is mandated to have a legislature, consisting of the Governor and either one or two Houses of the Legislature. 

Organization and Composition of State Legislature 

• Article 168 of the Constitution stipulates the establishment of a legislature for each state.  
• States with a unicameral system have only the Vidhan Sabha, while those with a bicameral system have both the Vidhan Sabha and Vidhan Parishad. 
• Six states, namely Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka, feature a Legislative Council. 
• The Jammu and Kashmir Legislative Council was dismantled in 2019 following the enactment of the Jammu and Kashmir Reorganization Bill, which transformed the state into the Union Territories of Jammu and Kashmir and Ladakh. 

State Legislature 

1. Governor  
2. Legislative Council (Vidhan Parishad) 
3. Legislative Assemblies (Vidhan Sabha) 

Legislative Council 

• The role of the Legislative Council in a state mirrors that of the Rajya Sabha at the Union level. 
• This similarity extends to matters such as privileges and immunities of legislatures, member disqualification, the relationship between the two Houses, legislative procedures, the origination of Money Bills, and more. 

Composition of the Council 

• The Legislative Council's maximum strength is set at one-third of the total assembly strength, with a minimum of 40 members. Members are elected using the system of proportional representation through the Single Transferable Vote, as outlined in Clause (3) of Article 171. 

According to Article 171(3) 

• One-third of the members are elected by electorates comprising members of municipalities, district boards, and other specified local authorities. 
• One-twelfth are elected by electorates consisting of residents who have been graduates for at least three years or possess qualifications equivalent to a graduate. 
• Another one-twelfth are elected by electorates comprising individuals engaged in teaching for at least three years in educational institutions of a standard not lower than that of a secondary school 
• The remaining one-sixth are nominated by the Governor and should have special knowledge or practical experience in literature, science, art, cooperative movement, and social service. 

Legislative Assembly 

• The Legislative Assembly (Vidhan Sabha) serves as the Lower House of the State Legislature, analogous to the Lok Sabha at the national level.  
• It represents the will of the state's people, with members directly elected by the public. 

Composition of the Assembly 

• Article 170(1) stipulates that each state's Legislative Assembly shall consist of not more than 500 and not less than 60 members, chosen through direct election from territorial constituencies in the state.  
• Exceptions include Arunachal Pradesh, Sikkim, and Goa, where the minimum is fixed at 30, Mizoram at 40, and Nagaland at 46. 

Qualifications for the Houses 

• According to Article 173, an individual is eligible to be chosen to fill a seat in the Legislature of a state if they are a citizen of India and meet the age requirement of not less than 25 years for the Legislative Assembly and not less than 30 years for the Legislative Council. 
• Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament 

Legislative Assemblies and Legislative Councils in States/UTs 

Disqualifications of the Houses 

• Under the Constitution, a person shall be disqualified for being chosen as and for being a member of the Legislative Assembly or Legislative Council of a State 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). 
  • He is of unsound mind and stands so declared by a court. 
  • He is an undischarged insolvent. 
  • He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state. 
  • He is so disqualified under any law made by Parliament. 
  • According to Article 191(2), a person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is disqualified under the Anti-Defection Law of the Tenth Schedule. 

Duration of State Legislature 

Duration of Assembly 

• The Legislative Assembly of every state, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer. 
• If a proclamation of emergency is in operation, the term of the assembly can be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate. 

Duration of Council 

• Like Rajya Sabha, the Legislative Council is a continuing chamber, i.e., it is a permanent body and is not subject to dissolution.  
• However, one-third of its members retire at the end of every second year, continuing as members for six years. 
• Vacant seats are filled up by fresh elections and nominations every third year, with retiring members being eligible for the next term. 

Oath, Affirmation, and Salaries: 

• Every member of either House of the State Legislature, before taking their seat, has to make and subscribe an oath or affirmation before the Governor. 
• In the oath, a member of the State Legislature solemnly affirms: 
  • To bear true faith and allegiance to the Constitution of India. 
  • To uphold the sovereignty and integrity of India. 
  • To faithfully discharge the duty of their office. 
  • Without taking this oath, a member cannot vote, participate in the proceedings, or be eligible for the privileges and immunities of the State Legislature. 

Salaries and Allowances 

• The salaries and allowances of State Legislature members are determined by the State Legislature. 

Vacation of Assembly Seat (Under Article 190) 

• No Double Membership: 
  • A person cannot be a member of both Houses of the Legislature of a State. State law can provide for the vacation of a seat by someone chosen as a member of both Houses of Parliament. 
• No Membership of Two State Legislatures: 
  • If a person is chosen as a member of the Legislatures of two or more states, they must choose a State Legislature within a fixed time period to continue as a member. Failure to do so results in the vacancy of their seat in all legislatures. 

Conditions for Vacancies outside Article 191 

• Vacancies can occur if: 
  • The election of a State Legislature member is declared void. 
  • A member is expelled from the House. 
  • A member is elected to the office of President, Vice-President, or Governor of the State. 

Presiding Officers of the State Legislature 

Duration of Office and Vacancy of Seat - Speaker 

• Article 179 dictates that the Speaker holds office from election until the first meeting of the Legislative Assembly after its dissolution, unless: 
  • Ceasing to be a House member. 
  • Resignation submitted to the Deputy Speaker. 
  • Removal by House resolution with a 14-day notice. 

Powers and Duties of the Speaker 

• Similar to Lok Sabha Speaker, the Speaker: 
  • Adjourns or suspends meetings in the absence of a quorum. 
  • Maintains order and decorum. 
  • Allows secret sittings. 
  • Decides disqualification questions under the Tenth Schedule. 
  • Vacates office if: 
  • Ceases to be an assembly member. 
  • Resigns to the Deputy Speaker. 
  • Removed by House resolution with a 14-day notice. 
  • Appoints committee chairmen, supervises their functions, and chairs key committees. 

Deputy Speaker of Assembly 

• Elected post-Speaker election. 
• Acts as Speaker in vacancies or absence, possessing all Speaker powers. 

Comparison of Legislative Council and Legislative Assembly 

• Ordinary Bill passage: Assembly prevails in case of disagreement. 
• Money Bill introduction: Exclusive to the assembly. 
• President election participation: Council excluded. 
• Constitutional Amendment Bill ratification: Limited council involvement; existence depends on the assembly's will. 

Sessions of the State Legislature  

• Summoning: Governor calls each House; a minimum 6-month gap. 
• Adjournment: Temporary suspension for hours, days, or weeks. 
• Prorogation: Governor ends a session; adjournment sine dies by Presiding Officer. 
• Dissolution: Ends existing House; new House after general elections. 
• Quorum: One-tenth of total members, including the Presiding Officer; lack requires adjournment or suspension. 

• Deputy Speaker: Like the Speaker, elected by the assembly from its members. 
• Governor's Address: Under Article 176, the Governor addresses the Legislative Assembly at the initial session post-election and the commencement of each financial year. 

Legislative Procedures in State Legislature 

The process for passing bills into law is identical in both Houses. 

Ordinary Bill 

• According to Article 196, an Ordinary Bill pertains to non-money matters and goes through the standard legislative process.  
• It must be passed by both Houses if a Legislative Council exists. 
• Article 197 outlines scenarios of conflict, and if the Legislative Assembly passes the bill again, it's deemed passed by both Houses. 

Money Bill 

• According to Article 199, a Money Bill exclusively pertains to taxation matters and can only be introduced in the Legislative Assembly. 

Assent on Bills by Governor and President 

• Assent of the Governor (Article 200): After passage by the Legislative Assembly or both Houses, the Governor can assent, withhold assent, or reserve the bill for the President's consideration. 
• Assent of the President (Article 201): If reserved, the President may assent, withhold assent, or return the bill to the State Legislature for reconsideration. After reconsideration, the President is not obligated to assent. 

State Funds 

• Consolidated Fund of the State (Article 266(1)): All government revenues and recovered loan amounts are deposited in the Consolidated Fund. 
• After State Legislature approval, government expenses are covered from this fund. 

State Public Account 

• As per Article 266(2), other public funds received by or on behalf of the State Government are deposited in the state's public accounts. 

State Contingency Fund 

• Under Article 267, a fund for contingency expenditure is established. It is controlled by the Governor, and withdrawing from this fund requires the Governor's permission. 

Privileges of State Legislature 

• Each House has the right to publish its reports, debates and proceedings. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such manners. 
• The courts are prohibited to inquire into the proceedings of the House and its proceedings. There are two kinds of privileges of the State Legislature. They are 

Collective Privileges 

• Right to publish reports, debates, and proceedings. 
• Authority to make rules for self-regulation and conduct adjudications. 
• Power to exclude strangers, hold secret sittings, and punish for privilege breaches. 
• Immediate information rights regarding a member's arrest, detention, etc. 
• Prohibition of courts inquiring into House proceedings. 

Individual Privileges 

• Immunity from arrest during, 40 days before, and 40 days after a session (civil cases only). 
• Freedom of speech in the State Legislature without liability in courts. 
• Exemption from jury service. 
• Right to refuse evidence and appear as a witness during legislative sessions. 

Lapsing of Bills 

• A bill pending in the assembly lapses. 
• A bill passed by the assembly but pending in the council lapses. 
• A bill pending in the council but not passed by the assembly does not lapse. 
• A bill passed by the assembly or both Houses without assent from the Governor or President does not lapse. 
• A bill returned by the President for reconsideration does not lapse. 

Quorum 

• Mentioned in Article 188(3) of the Indian Constitution. 
• Requires a minimum of ten members or one-tenth of the total members for a House sitting. 
• The Presiding Officer adjourns or suspends the meeting until there is a quorum. 

Language in State Legislatures 

• The Constitution designates Hindi or English as the official language(s) for State Legislature business. However, the Presiding Officer can permit members to address the House in their mother tongue. 
• State Legislatures can decide to continue or discontinue English as a floor language after 15 years from the Constitution's commencement (from 1965). For Himachal Pradesh, Manipur, Meghalaya, and Tripura, the limit is 25 years, while for Arunachal Pradesh, Goa, and Mizoram, it's 40 years. 

Rights of Ministers and Advocate General 

• Ministers and the Advocate General of the State, in addition to House members, have the right to speak and participate in proceedings or committees without voting entitlement.  

Two reasons underlying this provision: 

• A minister can engage in the proceedings of a non-member House. 
• A non-member minister can participate in both Houses' proceedings but is ineligible to vote. 

Important Articles Related with State Legislature 

Differences between the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad)