State Legislature – Governor, Legislative Assembly, Legislative Council

Legislative Council > Only for 7 states

Article 171 of the Constitution of India provides for the establishment of a Vidhan Parishad. The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature. As of 2017, seven states have a Legislative Council.

• Karnataka
• Uttar Pradesh
• Maharashtra
• Bihar
• J & K
• Andhra Pradesh
• Telangana

Legislative Councils (Vidhan Parishad)

• Power of abolition or creation of Legislative council lies with parliament
• If legislative assembly of state passes a resolution by a majority of total membership & not less than 2/3^rd of the members of the assembly present & voting, Parliament may or may not approve the resolution with simple majority
• A resolution passed by legislative assembly of state for creation or abolition of its council is not binding on parliament

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Composition of Legislative council

• Strength > Not more than 1/3^rd of legislative assembly, but cannot be less than 40 (Except J & K – 36)
• Legislative council is a permanent body (term 6 years) & not subjected to dissolution.
• After every 2 years, 1/3^rd of its members retire, However, retiring members are subjected to re-election & re-nomination.

Legislative Assembly (Vidhan Sabha)

• Flexible membership from 60 – 500 members; however, in Sikkim, Mizoram & Goa, they are limited to a minimum of 40 members only
• Chosen directly by the people on the basis of adult franchise
• Seats are reserved for SCs & STs on the basis of their population
• 1 member can be nominated by Governor from Anglo Indian community
• Duration > 5 years but may be dissolved earlier by the governor
• 42^nd amendment increased assembly official term to 6 years but 44^th amendment restored it to 5 years
• During proclamation of national emergency, life of assembly may be extended by an act of parliament for a period of not more than 1 year at a time, but in no case beyond a period of 6 months, after proclamation of national emergency has ceased to operate

Membership Qualification

• Must be citizen of India
• Must be of 25 years of age for Legislative Assembly & 30 years for Legislative Council
• Must not hold any office of profit
• Must not be of unsound mind

If a situation arises for disqualification of a member, Decision of Governor shall be final (Governor must obtain opinion of election commission of India prior to action)

“All powers, provisions, sessions etc. is same as in case of Lok Sabha & Rajya Sabha at center”

Legislative Procedure in State Legislature

Unicameral type of government

• All bills originate in single chamber i.e. legislative assembly
• When passed are presented to governor for his assent

Bicameral type of government

• If legislative assembly rejects a bill, originated in Legislative council, then it is the end of the bill
• Procedure of money bill is same as in parliament
• In case of Financial or ordinary bill, if it is passed by legislative assembly, It is sent to legislative council, where if it

• Reject the bill
• Suggest amendment to the bill not acceptable to legislative assembly
• Does not act upon the bill for 3 months

• Then it is referred back to legislative assembly, if legislative assembly passes the bill for the 2^nd time, it is retransmitted legislative council, where

• At the expiry of 1 month period
• Bill rejected outright
• Bill passed with amendments not acceptable to legislative assembly

• Then, bill is deemed to have been passed by both the houses & sent to governor for his assent

There is no provision of joint sitting of state legislature to remove a deadlock, as upper house does not enjoy equal powers with lower house & cannot amend a bill on its own

“Privileges, Immunities, Committees etc. are same as Parliament”

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