State Legislature – Detailed Overview

1. Introduction

Each state in India has its own legislature to make laws for the state.
Union law supremacy: If a Union law conflicts with a state law, the Union law prevails.
Constitutional Basis: Articles 168–177, Part VI of the Constitution.

---

2. Composition of State Legislature (Article 168)

The state legislature consists of:
Governor
Legislative Assembly (Vidhan Sabha) – lower house
Legislative Council (Vidhan Parishad) – upper house (optional)

Types of Legislatures

Type	Composition	States Example
Unicameral	Governor + Vidhan Sabha	All states except UP, Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh, and Tamil Nadu (abolished)
Bicameral	Governor + Vidhan Sabha + Vidhan Parishad	UP, Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh

---

3. Legislative Assembly (Vidhan Sabha)

Lower house / Popular House, most powerful body in state legislature.
Constitutional Provision: Article 170
Membership:
Min: 60 members
Max: 500 members
Elected through direct elections from territorial constituencies.
Constituencies are delimited after each census for population parity.
Presiding Officer: Speaker, elected from among members.
Functions: Law-making, financial bills, confidence/motion of no-confidence, controlling the Council of Ministers.

---

4. Legislative Council (Vidhan Parishad)

Upper House, optional, created/abolished by Article 169.
Requires resolution by Vidhan Sabha: majority of total members + 2/3 present and voting.
Composition (Article 171):
Maximum 1/3 of Vidhan Sabha members
Members partly elected, partly nominated:
1/3 elected by MLAs
1/3 elected by local bodies
1/12 elected by graduates
1/12 elected by teachers
Remaining nominated by Governor for special expertise
Presiding Officer: Chairman, elected by members.
Functions: Reviewing, suggesting amendments to legislation; cannot reject money bills.

---

5. Sessions of State Legislature

Article 174: Legislature must meet at least twice a year; gap ≤ 6 months.
Governor powers: Summon, prorogue either house, dissolve Vidhan Sabha.
Governor’s Address: Article 175
Privileges & Immunities: Same as Parliament (freedom of speech, no arrest in civil cases during session, etc.).

---

6. Qualifications for Membership (Article 173)

Must be a citizen of India.
Age:
Vidhan Sabha: ≥ 25 years
Vidhan Parishad: ≥ 30 years
Additional qualifications may be prescribed by Parliament (Representation of People Act).

---

7. Legislative Relations Between Centre and States

Territorial extent: States cannot make laws beyond their territory.
Distribution of subjects: State List and Concurrent List; Parliament has supremacy in case of conflict.
Parliamentary legislation in state field: Parliament can legislate in certain state matters under special circumstances (Article 249, 252, 254).
Centre’s control over State legislation: Parliament can override state laws on Concurrent List, national interest bills, or during President’s Rule.

---

8. Powers and Functions of State Legislature

A. Law-Making

Scope: State List + Concurrent List.
Bills: Ordinary bills, money bills.
Money bill: Must originate in Vidhan Sabha; Speaker certifies.

B. Financial Powers

Approval of state budget, grants, and expenditures.
Money bills: Only Vidhan Sabha can pass; Legislative Council can recommend amendments.

C. Other Powers

Electoral Functions: Rajya Sabha members from the state, President (indirectly), etc.
Constitutional Functions: Amendment of state laws, creating/abolishing Legislative Council (Article 169), oversight of the state executive.

---

9. Key Features

Vidhan Sabha > Vidhan Parishad in power.
Checks and balances: Both houses keep each other in check; Council is revisory.
Representative democracy: Ensures law-making according to local needs.

---

10. Interplay with Executive

Governor: Summons sessions, addresses, reserves bills for President.
Chief Minister & Council of Ministers: Responsible to Vidhan Sabha; collective responsibility.
Legislature oversees executive: Through Question Hour, debates, motions, committees.

---

11. Constitutional Importance

Ensures state-specific legislation within federal structure.
Prevents arbitrary administration by holding executive accountable.
Strengthens democracy at state level.