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PolityFree till Sep 9

State Legislature: Composition, Powers, and Functions

July 19, 2026

TOPIC CLASSIFICATION

Subject: Indian Polity — State Government
Sub-topic: State Legislature (Articles 168–212)
Mains GS Paper-II: Parliament and State Legislatures — structure, functioning, conduct of business, powers, privileges.


EXAMINER REASONING

Examiners test this topic at three levels: (1) factual recall — composition, duration, qualifications for membership; (2) comparative analysis — differences between Legislative Assembly and Legislative Council, parallels with Parliament; (3) applied problem-solving — situations like a hung assembly, money Bill definition disputes, or vacancy scenarios. Expect a mix of Prelims statement-based questions and Mains "compare and contrast" prompts with Parliament.


Core Concept

The State Legislature is the law-making body at the state level, constituted under Part VI (The States) of the Constitution, Articles 168–212. Every state must have a legislature; the composition can be unicameral (only Legislative Assembly — Vidhan Sabha) or bicameral (Legislative Assembly + Legislative Council — Vidhan Parishad).

Legislative Assembly (Vidhan Sabha):

  • Directly elected by adult suffrage from territorial constituencies
  • Maximum strength: 500; Minimum: 60 (exceptions: Sikkim 32, Goa 40, Mizoram 40)
  • Term: 5 years unless dissolved earlier
  • Speaker is the presiding officer

Legislative Council (Vidhan Parishad):

  • Created/abolished by Parliament on a resolution of the state Assembly (Article 169) — simple majority + ordinary majority in Parliament
  • Maximum strength: 1/3rd of Assembly; Minimum: 40
  • Indirectly elected (5/6 members): 1/3 by local bodies, 1/3 by Assembly (MLAs), 1/6 by graduates, 1/12 by teachers; 1/6 nominated by Governor
  • Permanent House — not subject to dissolution; 1/3 members retire every 2 years
  • Only 6 states currently have a Council: UP, Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh

Powers:

  • Ordinary Bills: Council can delay for 4 months (revisory role)
  • Money Bills: Council cannot amend/reject; only recommend within 14 days
  • Constitutional Amendment Bills: equal role
  • Control over executive through questions, motions, adjournments

Key Facts

Read Next

More in Polity

Delimitation Commission: Process, Issues, and Impact on Federalism

Governor: Powers, Discretion, and Controversies

AMRUT: Urban Infrastructure and Water Supply

Feature
Assembly (Vidhan Sabha)
Council (Vidhan Parishad)
NatureDirectly electedPartly indirect, partly nominated
Term5 yearsPermanent (1/3 retire every 2 yrs)
Min/Max strength60/500 (exceptions apply)40/1/3 of Assembly
Money Bill roleDecidesOnly recommends (14 days)
DissolutionYesNo

PYQ Table

YearQuestionType
2022"The role of Legislative Council in states has been a subject of debate. Discuss."Mains
2019With reference to the Legislative Council, consider the following statements...Prelims
2017"Analyze the need for a second chamber in state legislatures."Mains
2015Consider the following: The Legislative Council of a state...Prelims

Statement Elimination Guide

StatementTruth ValueWhy?
"Governor nominates 1/3 of Legislative Council members"FalseGovernor nominates 1/6, not 1/3 (Art. 171(5))
"Council can reject a Money Bill"FalseOnly recommends; Assembly may reject recommendations
"Bills on state list require Council's concurrence"FalseAssembly prevails; Council can delay ordinary bills max 4 months
"Speaker decides whether a Bill is Money Bill"TrueSpeaker's decision is final (Art. 199(3) read with 110)

Current Affairs Hook

October 2023: The Jammu & Kashmir Reorganisation (Amendment) Bill proposed a Legislative Assembly for J&K, continuing the debate on whether Union Territories need elected legislatures. West Bengal and Tamil Nadu have repeatedly pushed for Legislative Council creation/abolition — this keeps Art. 169 in the news.


Interlinkages

  • → Parliament (GS-II): Comparative bicameralism — Rajya Sabha vs. Legislative Council
  • → Federalism (GS-II): 7th Schedule distribution of subjects; state legislature's exclusive domain over State List
  • → 74th Amendment (GS-II): Urban Local Bodies — parallels with Legislative Assembly constituencies
  • → Election Commission (GS-II): Delimitation of Assembly constituencies

Common Mistakes

MistakeCorrection
Confusing Art. 168 (Constitution of Legislature) with Art. 169 (Abolition/Creation of Council)Art. 168 — "there shall be a Legislature"; Art. 169 — Parliament may create/abolish Council
Thinking all states have Legislative CouncilsOnly 6 states
Believing Governor nominates 1/3 of CouncilIt's 1/6
Thinking the Council is equal to Assembly in money mattersCouncil only recommends money Bills

Revision Snapshot

State Legislature (Art. 168-212)
├── Unicameral → Assembly only (22 states + 3 UTs)
└── Bicameral → Assembly + Council (6 states)
    ├── Assembly: 60-500, 5 yr, direct election, Speaker
    └── Council: ≤ 1/3 Assembly, permanent, indirect
        ├── 1/3 → Local Bodies
        ├── 1/3 → MLAs
        ├── 1/6 → Graduates
        ├── 1/12 → Teachers
        └── 1/6 → Governor nomination

Source Notes

  • Constitution of India — Articles 168 to 212
  • PM Bakshi's The Constitution of India
  • Laxmikanth — Indian Polity (State Legislature chapter)
  • PRS Legislative Research reports