Constitutional Provisions

• Covered under Part VI (Articles 168–212) of the Constitution.
• Article 168 → Constitution of State Legislature.

State Legislature consists of:

• Governor
• Legislative Assembly (Vidhan Sabha)
• Legislative Council (Vidhan Parishad) – in some states

Structure of State Legislature

A. Unicameral System

• Only the Legislative Assembly
• The majority of states follow this model

B. Bicameral System

• Legislative Assembly (Lower House)
• Legislative Council (Upper House)

Creation/abolition of Legislative Council:

• Article 169
• Parliament can create/abolish a State Assembly resolution (special majority)

Composition

Legislative Assembly (Vidhan Sabha)

• Directly elected
• Maximum: 500 members
• Minimum: 60 (exceptions: smaller states)
• Tenure: 5 years (unless dissolved earlier)

Minimum age: 25 years

Legislative Council (Vidhan Parishad)

• Permanent body
• 1/3 members retire every 2 years
• Maximum strength: 1/3 of the Assembly
• Minimum: 40 members

Minimum age: 30 years

Composition:

• 1/3 elected by local bodies
• 1/12 by graduates
• 1/12 by teachers
• 1/3 by Assembly members
• Remaining nominated by the Governor (experts in literature, science, art, and social service)

Qualifications (Article 173)

A person must:

• Be a citizen of India
• Take an oath before an authorised person
• Age:
  • 25 years (Assembly)
  • 30 years (Council)
• Possess qualifications prescribed by Parliament

Under Representation of the People Act, 1951:

• Must be an elector in the concerned state
• SC/ST candidate required for reserved seats
• For Council nomination → Resident of the state

Disqualifications

A. Constitutional (Article 191)

A person is disqualified if:

• Holds office of profit
• Unsound mind (declared by the court)
• Undischarged insolvent
• a Not a citizen of India
• Disqualified under parliamentary law

Decision:

• Governor decides (Article 192)
• Must act on the advice of the Election Commission

B. Disqualification on Ground of Defectiothe n

• Under Tenth Schedule of the Constitution of India
• Decision:
  • Speaker (Assembly)
  • Chairman (Council)
• Subject to judicial review (SC 1992)

C. Disqualification under RPA 1951

• Conviction (2+ years imprisonment)
• Corrupt electoral practices
• Failure to file election expenses
• Government contract interest
• Promoting enmity, bribery
• Social offences (untouchability, dowry, sati)

Oath or Affirmation

• Before a Governor or person appointed
• Cannot vote or participate without oath
• Penalty: ₹500 per day for sitting without oath

Vacation of Seats (Article 190)

Seat becomes vacant if:

1. Double Membership

• a Cannot be member of both Houses simultaneously

2. Disqualification

• If subject to any disqualification

3. Resignation

• To Speaker (Assembly) / Chairman (Council)
• Effective upon acceptance

4. Absence

• 60 days without permission

5. Other Cases

• Election declared void
• The expulsion by the House
• Elected President/Vice-President
• Appointed Governor

Powers & Functions

A. Legislative Powers

• State List subjects
• Concurrent List (subject to Article 254)

B. Financial Powers

• Money Bill introduced only in Assembly
• A Council has an advisory role (14-day limit)

C. Executive Control

• The Council of Ministers is collectively responsible to the Assembly

D. Constitutional Amendment

• Ratification role (where required)

Privileges (Article 194)

• Freedom of speech in the House
• Immunity from court proceedings
• Publication privilege

Comparison: Assembly vs Council