4.2 State Legislature: Legislative Assembly & Legislative Council – Composition and Powers


SIMPLY SMART

Introduction

The State Legislature in India consists of either:

  1. Unicameral Legislature – Only Legislative Assembly (Vidhan Sabha)

  2. Bicameral Legislature – Legislative Assembly + Legislative Council
    (Present in states like Karnataka, Maharashtra, Telangana, UP, Bihar)

The two houses are:

  • Legislative Assembly (Vidhan Sabha) → Lower House

  • Legislative Council (Vidhan Parishad) → Upper House

Both houses together make laws for the state and keep the state government accountable.

1. Legislative Assembly (Vidhan Sabha)

(Lower House)

1.1 Composition

  1. Members are directly elected by the people of the state.

  2. Minimum strength: 60 members

  3. Maximum strength: 500 members

  4. Some small states may have 40 members (Goa, Mizoram, Sikkim).

  5. Elections use First-Past-The-Post (FPTP) method.

  6. Term: 5 years (can be dissolved earlier by Governor).

  7. Speaker and Deputy Speaker preside over the house.

Keyword: Composition of Legislative Assembly

1.2 Powers of the Legislative Assembly

1. Legislative Powers

  1. Makes laws on State List subjects (police, health, agriculture, land, etc.).

  2. Also makes laws on Concurrent List along with Parliament.

  3. In case of disagreement with Legislative Council, Assembly’s decision prevails.

2. Financial Powers

  1. Money Bills can be introduced only in the Legislative Assembly.

  2. Legislative Council can only give suggestions; Assembly may reject them.

  3. Controls the State Budget, taxation, and expenditures.

3. Control over the Executive

  1. The Chief Minister and Council of Ministers are responsible only to the Assembly.

  2. Assembly can remove the government by:

    • No-confidence motion

    • Adjournment motion

    • Calling attention motion

  3. Ministers must answer questions raised by members.

4. Electoral Powers

  1. Participates in the election of the President of India (Article 54).

  2. Elects members to the Rajya Sabha.

5. Constitutional Powers

  1. Participates in Constitutional Amendments under Article 368.

  2. Approves State Emergency proclamation (President’s Rule).

  3. Can create or abolish the Legislative Council (Article 169).

6. Other Functions

  1. Discusses development, welfare, administration, policies.

  2. Represents public opinion.

  3. Acts as a forum for debate and accountability.

2. Legislative Council (Vidhan Parishad)

(Upper House)

2.1 Composition

The Council is a permanent body, not subject to dissolution.

  1. Maximum members: 1/3rd of Assembly strength

  2. Minimum members: 40

  3. 1/3rd retire every two years

  4. Members are indirectly elected through various groups:

Breakdown of Membership

  1. 1/3rd → Elected by MLAs

  2. 1/3rd → Elected by local bodies (municipalities, district boards)

  3. 1/12th → Elected by graduates

  4. 1/12th → Elected by teachers

  5. 1/6th → Nominated by the Governor (eminent persons)

Keyword: Composition of Legislative Council

2.2 Powers of the Legislative Council

1. Legislative Powers

  1. Can introduce ordinary bills.

  2. Can delay bills for a maximum of 4 months.

  3. Cannot overrule the Assembly; Assembly’s decision is final.

2. Financial Powers

  1. Cannot introduce a Money Bill.

  2. Can only suggest changes, which the Assembly may reject.

  3. Must approve money bills within 14 days.

3. Advisory Role

  1. Acts as a revising chamber.

  2. Reviews bills passed by the Assembly.

  3. Provides expert opinions (teachers, professionals, graduates).

4. Limited Powers Over Executive

  • Council has no control over the Chief Minister or the Council of Ministers.

  • Cannot pass no-confidence motions.

5. Constitutional Powers

  1. Participates in constitutional amendments.

  2. Cannot oppose the creation or abolition of the Council.

6. Educational & Social Representation

  1. Represents intellectuals, teachers, professionals, and graduates.

  2. Ensures educated voices are included in law-making.

3. Comparison: Legislative Assembly vs Legislative Council


    


Conclusion

The Legislative Assembly is the real law-making and executive-controlling body, while the Legislative Council acts as a reviewing and revising chamber.
Together, they ensure democratic functioning, accountability, and balanced legislation at the state level.

This Blog is fully aligned with:

  • D.D. Basu

  • M. Laxmikanth – Indian Polity

  • Subhash Kashyap – State Legislature





For Full Chapter  --->  22IMC7Z2 CONSTITUTION OF INDIA Unit-wise



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