State Legislature in India

Explore the intricate workings of the State Legislature in the Indian Constitution, a cornerstone of provincial governance. This detailed guide covers Articles 168 to 212 of Part VI, providing essential insights into the composition and organization of State Houses for students and competitive exam aspirants.

State Legislature in the Indian Constitution: Organization and Structural Evolution

• The State Legislature serves as the primary legislative body within the states, holding a vital and central role in the political framework of the Indian Union.

  Governed by the high standards of the Indian Constitution, the functioning of these bodies is meticulously outlined to ensure democratic stability at the regional level.

  • (i) The foundational rules are enshrined within Articles 168 to 212, located in Part VI of the Indian Constitution.
  • (ii) These constitutional provisions comprehensively cover the organisation, composition, duration, and presiding officers of the houses.
  • (iii) Furthermore, the text details the specific powers, procedures, and privileges that allow the legislature to function effectively, mirroring the Parliament while maintaining distinct local characteristics.

• Organisation of the State Legislature and Systemic Variations

  The structural design of the State Legislature in India is not uniform, allowing for diversity based on the specific needs of different states.

  • Understanding Unicameral and Bicameral Systems

    The Constitutional framework allows for two distinct patterns of legislative organization: the unicameral system (one house) and the bicameral system (two houses).

    • (i) In a unicameral system, the legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). Currently, 22 states follow this model.
    • (ii) In a bicameral system, the structure is expanded to include the Governor, the Legislative Assembly, and the Legislative Council (Vidhan Parishad).
    • (iii) As of 2016, seven states—Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka, and Jammu & Kashmir—were identified as having bicameral legislatures.
    • (iv) Historical anomalies exist, such as the 7th Constitutional Amendment Act, 1956, which permitted a Council in Madhya Pradesh, but because the President never issued a notification, it remains unicameral.

  • The Legal Process for the Abolition and Creation of Legislative Councils

    The Indian Constitution provides a flexible mechanism for states to decide whether they require a second chamber based on their specific financial viability and political needs.

    • (a) The Role of Parliament:Parliament holds the authority to create or abolish a Legislative Council, provided the State Legislative Assembly initiates the process.
    • (b) The Resolution Mechanism: The State Assembly must pass a resolution supported by a special majority—meaning a majority of the total membership and at least two-thirds of the members present and voting.
    • (c) Legislative Status: Interestingly, such an Act of Parliament is not considered a formal constitutional amendment under Article 368; it is treated as an ordinary law passed by a simple majority.
    • (d) Historical Context: Critics in the Constituent Assembly often argued that the Legislative Council was unrepresentative and caused unnecessary delays, leading to the optional nature of the chamber.
    • (e) State Examples:
      • (i) Andhra Pradesh demonstrated this flexibility by creating a Council in 1957, abolishing it in 1985, and reviving it again in 2007.
      • (ii) Other states like West Bengal (1969), Punjab (1969), and Tamil Nadu (1986) chose to abolish their second chambers.

• Composition and Membership of the Two Houses

  The composition of the Legislative Assembly and Council is designed to ensure democratic representation and professional expertise.

  • Deep Dive into the Composition of the Legislative Assembly

    The Vidhan Sabha represents the direct voice of the people, where members are chosen through universal adult franchise and direct elections.

    • (i) Strength Constraints: The Legislative Assembly strength is generally fixed between 60 and 500 members, scaled according to the state's population.
    • (ii) Special Exceptions: Smaller states like Arunachal Pradesh, Sikkim, and Goa have a minimum of 30 members; Mizoram has 40, and Nagaland has 46.
    • (iii) Nomination Power: Previously, the Governor could nominate one member from the Anglo-Indian community. While originally intended to expire in 1960, it was extended by various acts, including the 95th Amendment Act, 2009, until 2020.
    • (iv) Territorial Consistency: States are carved into territorial constituencies to ensure the ratio between population and seats remains uniform across the state.

    • Readjustment Following Each Census

      • (a) After every census, a readjustment is required for the total number of seats and the division of the state into constituencies.
      • (b) Parliament enacts Delimitation Commission Acts (as seen in 1952, 1962, 1972, and 2002) to manage this process.
      • (c) The 42nd Amendment Act, 1976 famously froze seats based on the 1971 census. This was later extended by the 84th Amendment Act, 2001 until the year 2026 to support population control measures.

  • Reservation Policies for Scheduled Castes and Tribes

    To ensure social justice and equitable representation, the Indian Constitution mandates seat reservations for specific communities.

    • (a) Population Ratio: Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) based on their population proportion in the state.
    • (b) Timeline of Reservations: This provision was initially set for 10 years (until 1960) but has seen continuous extensions.
    • (c) Recent Amendments: The 95th Amendment Act, 2009 ensured these reservations remained in place until 2020, maintaining the inclusive nature of the State Legislature.

• Significance and Summary of the State Legislature

  Understanding the State Legislature is paramount for students aiming to grasp the nuances of Indian Polity. By examining Articles 168 to 212 and the role of Delimitation Commission Acts, one can see how the Indian Constitution balances regional representation with national integrity. These provisions ensure that the Governor and elected members work within a special majority framework to serve the political needs of the people effectively.