Constitutional Provisions
- Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
Organisation of State Legislatures in India
- 22 states have a unicameral legislature
- 6 states have bicameral legislature – Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka
Legislative Assembly
- What is it?: The legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).
- Strength: The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise. Its maximum strength is fixed at 500 and minimum strength at 60.
- Territorial Constituencies: For the purpose of holding direct elections to the assembly, each state is divided into territorial constituencies. The demarcation of these constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it isthe same throughout the state.
- Reservation of Seats for SCs and STs: The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.
- Duration: Five years
Legislative Council
- What is it?: The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders).
- Creation/abolition of legislative council:
- Under Article 168, states can have either one or two Houses of legislature.
- Article 169 leaves the choice of having a Vidhan Parishad to individual states.
- Art 169 of the Constitution provides for the abolition or creation of Legislative Councils in States.
- Power of abolition or creation of Legislative council lies with the Parliament.
- To set up the council, the legislative assembly of state must pass a resolution by a majority of total membership & not less than 2/3rd of the members of the assembly present & voting.
- However, a resolution passed by legislative assembly of state for creation or abolition of its council is not binding on the Parliament. Parliament may or may not approve the resolution with simple majority.
- Membership:
- Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total number of MLAs of the state, and not less than 40 members.
- All the members of the Legislative Council are either indirectly elected or nominated by the Governor.
- One third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify
- One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not its members.
- One-twelfth of the members are elected by graduates of at least three years standing.
- One-twelfth of the members are elected by teachers of secondary schools having at least three years experience.
- About one-sixth of the members are nominated by the Governor from among persons possessing special knowledge and experience in the field of art, science, literature, social service and cooperative movement.
- Duration: The legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. So, a member continues as such for six years.
State Legislatures Qualification
- Qualification as per the constitution
- Citizen of India
- Make and subscribe to an oath or affirmation before the person authorized by the Election Commission.
- Age: Not less than 30 years for Legi. Council
- Not less than 25 years for Legi. Assembly.
- Must possess other qualifications prescribed by the Parliament.
- Qualification as per RPA, 1951
- To be elected to the Legislative Council, he must be an elector for the assembly constituency in that state & to be nominated by the governor, must be a resident of that state.
- To be elected to the Legislative Assembly, must be an elector for the assembly constituency in that state.
- He must be a member of SC/ST if he wants to contest a seat reserved for them. However, SC/ST members can contest a seat not reserved for them.
State Legislature Disqualification
- As per the constitution
- If he holds office of profit (not defined under Consti. Or any law) under Union Govt or any State Legislature
- Unsound mind and so declared by the court
- Undischarged insolvent
- Not citizen of India or voluntarily acquired the citizenship of other country
- If disqualified under any law made by the Parliament.
- As per defection
- Disqualified under the provisions of the 10th schedule of the Constitution.
Vacancy of Seats
- Double Membership: Cannot be a member of both the houses at same time. One seat becomes vacant as per the law made by State Legislature.
- Disqualification: As per Constitution or RPA 1951 or Tenth Schedule.
- Resignation: Resign letter to Chairman of Council or Speaker of Assembly as per the case.
- Absence: If he is absent for 60 days without permission of the house.
- Other Cases: Election declared void by the court, expelled by the house, elected as President or VP, appointed as governor.