Houses of State Legislature in India

The State Legislature is the law-making authority at the state level in India. Under the Constitution of India, each state has its own legislature which can be either unicameral or bicameral in nature. The structure of the state legislature and the powers of its constituent houses are vital for understanding the functioning of state governments and the federal framework of India.

This article provides a detailed and comprehensive legal analysis of the houses of the state legislature — the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad) — their composition, powers, functions, and constitutional significance.

Constitutional Framework of State Legislature

The Constitution of India, through Articles 168 to 177, outlines the composition and functions of state legislatures. Article 168 specifically states that every state shall have a legislature, which may consist of one or two houses.

• Unicameral legislature means there is only one house known as the Legislative Assembly (Vidhan Sabha).
• Bicameral legislature consists of two houses — the Legislative Assembly (Vidhan Sabha) as the lower house and the Legislative Council (Vidhan Parishad) as the upper house.

The presence of a Legislative Council is not mandatory for all states. States can create or abolish this upper house through a special legislative process outlined in Article 169 of the Constitution.

Unicameral vs Bicameral Legislature: Understanding the Difference

In India, most states have a unicameral legislature where only the Vidhan Sabha functions as the legislative body. These states include Kerala, Gujarat, Punjab, and many others. In contrast, six states currently have bicameral legislatures — Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana, and Uttar Pradesh.

The fundamental difference lies in the number of houses. A unicameral legislature streamlines law-making with a single chamber, while a bicameral legislature adds a second chamber that provides review, reflection, and representation of different interests.

The Legislative Assembly (Vidhan Sabha)

The Vidhan Sabha is the primary house of the state legislature and is often referred to as the “popular house” because its members are directly elected by the people of the state.

• The Constitution provides that the Legislative Assembly shall have not less than 60 and not more than 500 members.
• Exceptions are made for smaller states such as Goa, Sikkim, Mizoram, and Puducherry, which may have fewer members.
• Members of the Legislative Assembly (MLAs) are elected from territorial constituencies based on population, ensuring roughly equal representation.

Qualifications for Membership

To be elected as an MLA, a candidate must satisfy the following qualifications:

• Must be a citizen of India.
• Must be at least 25 years old.
• Should be an elector in any Assembly constituency of the state.
• Must not hold any disqualifications prescribed by law such as holding an office of profit, unsound mind, insolvency, criminal conviction, etc.

Tenure

The term of the Legislative Assembly is fixed for five years, starting from its first sitting. However, the Assembly may be dissolved earlier by the Governor on the advice of the Chief Minister. During a national emergency, the term of the Assembly may be extended by the Parliament, one year at a time.

Powers and Functions

The Legislative Assembly is the centre of power in the state. Its key powers include:

• Law-making: It can introduce and pass both ordinary bills and money bills. Money bills, dealing with taxation and expenditure, can only originate in the Vidhan Sabha.
• Financial Control: The Assembly controls state finances and approves the budget. No tax can be levied or withdrawn without its consent.
• Oversight of Executive: The government, led by the Chief Minister and Council of Ministers, is collectively responsible to the Assembly. It can be dismissed by a vote of no-confidence.
• Constitutional Functions: The Assembly participates in the election of the President of India and ratifies certain constitutional amendments.
• Electoral Role: It elects the Speaker and Deputy Speaker, who preside over the proceedings of the house.

The Legislative Council (Vidhan Parishad)

The Legislative Council is the upper house of the state legislature, present only in some states. It is a permanent body, unlike the Assembly which can be dissolved.

• A state can create or abolish its Legislative Council if the Vidhan Sabha passes a resolution by a special majority (absolute majority plus two-thirds of members present and voting), and Parliament approves it.
• Presently, only six states have a Legislative Council.

Composition and Membership

The Legislative Council consists of members who are partially elected and partially nominated. Its total strength cannot exceed one-third of the total membership of the Legislative Assembly and cannot be less than 40 members (except Jammu and Kashmir had a smaller number).

The members of the Council are chosen as follows:

• One-third elected by members of local authorities such as municipalities and district boards.
• One-twelfth elected by graduates residing in the state for at least three years.
• One-twelfth elected by teachers with at least three years of experience in secondary schools and above.
• One-third elected by the members of the Legislative Assembly from among persons who are not MLAs.
• The remainder nominated by the Governor from people with special knowledge or practical experience in fields such as literature, science, art, cooperative movement, or social service.

Qualifications and Tenure

To be a member of the Legislative Council:

• A candidate must be an Indian citizen.
• Must be at least 30 years old.
• Should meet other legal qualifications as prescribed.

The Council is a permanent house, with one-third of its members retiring every two years. Each member serves a six-year term but can be re-elected.

Powers and Functions

The powers of the Legislative Council are limited compared to the Assembly:

• It acts primarily as a revising chamber, providing suggestions and delaying the passage of bills.
• It can delay ordinary bills for up to three months on first reference and one month on second reference.
• It cannot amend or reject money bills but may make recommendations which the Assembly can accept or reject.
• The Council does not participate in the election of the President of India.
• It does not have powers akin to the Rajya Sabha at the Union level.

The Role of the Governor

The Governor is an essential part of the state legislature. Though not a house itself, the Governor’s assent is required for any bill passed by the legislature to become law. The Governor also summons and prorogues the sessions of the legislature and can dissolve the Legislative Assembly.

Legislative Procedure in State Legislature

The legislative process in the state legislature is broadly similar to that of the Parliament of India:

• A bill can be introduced in either house except for money bills, which must be introduced in the Assembly.
• The bill undergoes three readings involving introduction, discussion, and voting.
• If passed by both houses (in bicameral states), the bill is sent to the Governor for assent.
• The Governor may give assent, withhold assent, or reserve the bill for the President’s consideration.
• Bills reserved for the President require his assent to become law.
• In case the legislature is dissolved before a bill passes, the bill lapses unless it has received the Governor’s assent.

The Interrelationship Between the Houses

In bicameral states, the Vidhan Sabha is the dominant house. The Vidhan Parishad can delay legislation but cannot veto or permanently block bills passed by the Assembly. The Assembly can override the Council’s suggestions by passing the bill again after the delay period.

Money bills enjoy special status with the Assembly having absolute authority over them.

Advantages and Criticism of Bicameral Legislature

Advantages:

• Provides a second layer of scrutiny and reduces hasty legislation.
• Represents different sections of society (graduates, teachers, local bodies, experts).
• Encourages more informed and thoughtful law-making.

Criticism:

• Can cause delays and obstruction in passing legislation.
• Increases administrative costs.
• Has limited powers and is sometimes seen as a redundant body.

Conclusion

The houses of the state legislature in India play a vital role in the democratic governance of the country. The Legislative Assembly, as the popularly elected house, exercises the supreme legislative power at the state level. The Legislative Council, where it exists, acts as a revising chamber to refine legislation and represent specific interests.

The Constitution provides flexibility in determining the structure of the legislature, allowing states to choose a unicameral or bicameral system depending on their needs. Both houses together ensure democratic accountability, checks on executive power, and balanced law-making to uphold the principles of federalism and democracy.