State Legislature

This comprehensive guide explores the State Legislature composition and the legal frameworks governing Indian Polity. Understanding the Representation of People Act, 1951 and the Tenth Schedule is crucial for students and aspirants preparing for competitive exams to grasp how democratic governance functions at the state level.

Constitutional Provisions of State Legislature Strength, Duration & Membership in 2026

• The architecture of the State Legislature is designed to balance direct representation with specialized deliberation.

  The system distinguishes between the lower house (Assembly) and the upper house (Council), ensuring that legislative power is exercised through a structured hierarchy of authority and electoral mandates.

  • (i) The Legislative Assembly stands as the primary body of direct democratic will.
  • (ii) The Legislative Council serves as a revisory chamber with unique selection criteria.
  • (iii) Constitutional limits prevent the upper house from overshadowing the directly elected representatives.

• Strength and Indirect Election of the Legislative Council

  The upper house follows a distinct pattern of formation where members are not chosen by the general public but through a specialized college of electors.

  • Numerical Limits and Legislative Dominance

    In the narrative of state governance, the Legislative Council maintains a secondary but vital role. To ensure the Legislative Assembly remains the dominant and directly elected chamber, the Constitution mandates specific size constraints.

    • (i) The maximum size of the Council is strictly capped at one-third of the total strength of the Assembly.
    • (ii) To maintain functional integrity, the minimum size is fixed at 40 members.
    • (iii) While the Constitution sets these boundaries, the Parliament holds the final authority to determine the actual number of members for each state.

  • The Complex Manner of Election and Nominations

    The composition of the Council is a mosaic of different social and political interests, ensuring indirect representation from various professional and local sectors.

    • (i) One-third are elected by members of local bodies, including municipalities and district boards.
    • (ii) One-twelfth are chosen by graduates who have held their degree for at least three years.
    • (iii) One-twelfth are elected by teachers with three years of experience in secondary or higher institutions.
    • (iv) One-third are elected by the Legislative Assembly members from outside their own ranks.
    • (v) The final one-sixth are nominated by the Governor based on special knowledge in Art, Science, Literature, Cooperative Movement, or Social Service.

  • Procedural Nuances of Council Selection

    • (i) The election process utilizes proportional representation through the single transferable vote system.
    • (ii) Legal immunity: The Governor’s nomination is a discretionary power that cannot be challenged in a court of law.

• Duration and Continuity of the Two Houses

  The two houses of the state legislature differ significantly in their lifespan, mirroring the relationship between the Lok Sabha and Rajya Sabha.

  • Legislative Assembly: The Five-Year Cycle

    The Assembly is a temporary body, existing as long as it holds the mandate of the people through a five-year term.

    • (i) Its life begins from the date of its first sitting and ends automatically after five years.
    • (ii) The Governor possesses the constitutional right to dissolve the house prematurely.
    • (iii) During a National Emergency, its term can be extended by Parliament for one year at a time, though it must dissolve within six months of the emergency's end.

  • Legislative Council: A Permanent Chamber

    The Council is characterized by its permanence, providing a stable legislative presence that does not disappear with elections.

    • (i) It is not subject to dissolution; instead, it follows a staggered retirement system.
    • (ii) One-third of its members retire every second year, ensuring a continuous flow of new and experienced legislators.
    • (iii) Each member enjoys a six-year term, with eligibility for re-election or re-nomination.

• Membership Qualifications and Disqualifications

  Becoming a lawmaker requires meeting stringent constitutional standards and adhering to ethical legal frameworks.

  • Constitutional Qualifications

    To enter the hallowed halls of the legislature, a candidate must first prove their citizenship and age.

    • (a) The individual must be a citizen of India.
    • (b) An oath or affirmation must be taken, pledging sovereignty and integrity of India.
    • (c) Age requirements: 25 years old for the Assembly and 30 years old for the Council.
    • (d) Under the Representation of People Act, 1951, they must be an elector in the state and meet SC/ST requirements for reserved seats.

  • General and Statutory Disqualifications

    A member can be removed or barred for various legal failures, including holding an office of profit or being of unsound mind.

    • (i) Conviction for any offence resulting in imprisonment for two or more years leads to immediate bar.
    • (ii) Failure to lodge election expense accounts or having a financial interest in government contracts is a ground for removal.
    • (iii) Practicing social evils such as untouchability, dowry, or sati results in disqualification.
    • (iv) The Governor makes the final decision on these matters, acting on the Election Commission’s advice.

  • Disqualification on Grounds of Defection

    To maintain political stability, the Tenth Schedule provides strict penalties for members who switch parties or defy leadership.

    • (i) The Speaker (Assembly) or Chairman (Council) serves as the deciding authority in defection cases.
    • (ii) Per the Supreme Court (1992), these decisions are not absolute and are subject to judicial review.

• Summary of State Legislature Dynamics

  Understanding the composition of state legislature and the Representation of People Act, 1951 is essential for students to comprehend the checks and balances of Indian democracy. By defining the strength of the legislative council and the qualifications of members, the Constitution ensures that states are governed by qualified individuals under a permanent or representative house structure.