The Constitution of India establishes a Legislature for every State under Article 168.
A State Legislature may be:
The Governor is also a constitutional component of the State Legislature, although the Governor is not a member of either House.
The State Legislature performs four broad functions:
The State Legislature is primarily dealt with in:
Part VI of the Constitution — The States
The principal provisions relating to the State Legislature are contained in:
Articles 168 to 212
These provisions cover:
Other important provisions relating to State Legislatures are found in different Parts of the Constitution.
Article 168 provides for a Legislature in every State.
The Legislature consists of:
Governor + Legislative Assembly
In States having a bicameral legislature:
Governor + Legislative Assembly + Legislative Council
Therefore, the Governor is constitutionally a part of the State Legislature.
However:
Governor is not a member of either House.
A State with only one legislative chamber has a:
Legislative Assembly
It is known as a:
Unicameral Legislature
Structure:
Governor
+
Legislative Assembly
The Legislative Assembly is the directly elected House and exercises the principal legislative and financial powers.
4. Bicameral Legislature
A State with two Houses has:
Legislative Assembly
Legislative Council
It is known as a:
Bicameral Legislature
Structure:
State Legislature
│
┌───────┴───────┐
↓ ↓
Legislative Legislative
Assembly Council
Vidhan Sabha Vidhan Parishad
The Assembly is the directly elected House.
The Council is the permanent upper House.
5. Article 169 — Legislative Council
Article 169 deals with:
Creation or abolition of Legislative Councils
Parliament can create or abolish a Legislative Council in a State if the State Legislative Assembly passes a resolution to that effect.
The Assembly resolution must be passed by:
Majority of the total membership of the Assembly
Majority of not less than two-thirds of members present and voting
This is known as:
Special Majority
However, Parliament passes the law for creation or abolition.
6. Important Point on Article 169
The resolution of the State Legislative Assembly:
Does not itself create or abolish the Council.
It only enables Parliament to enact the necessary law.
Therefore:
State Assembly → Recommends through special resolution
Parliament → Creates or abolishes through law
7. Article 170 — Legislative Assembly
Article 170 deals with:
Composition of Legislative Assemblies
Members of the Legislative Assembly are:
Directly elected by the people of the State
The State is divided into territorial constituencies.
The constitutional framework provides for:
One representative from each territorial constituency
subject to constitutional provisions concerning representation.
8. Article 171 — Legislative Council
Article 171 deals with:
Composition of Legislative Councils
The Legislative Council has a mixed method of representation.
Members are elected by:
Members of Legislative Assembly
Local authorities
Graduates
Teachers
In addition:
Governor nominates members
from persons having special knowledge or practical experience in areas such as:
Literature
Science
Art
Cooperative movement
Social service
9. Article 172 — Duration
Article 172 deals with the duration of State Legislatures.
Legislative Assembly
Normal duration:
Five years
It may be dissolved earlier.
Legislative Council
The Council is:
A permanent House
It is not subject to dissolution.
One-third of its members retire every two years.
10. Article 173 — Qualifications
Article 173 deals with qualifications for membership of the State Legislature.
A person must:
Be a citizen of India
Take and subscribe to the prescribed oath or affirmation
Meet the prescribed minimum age
Minimum age:
25 years → Legislative Assembly
30 years → Legislative Council
Additional qualifications may be prescribed by Parliament by law.
11. Article 174 — Sessions
The Governor summons the State Legislature.
The Constitution provides that:
Six months shall not intervene between two sessions of the State Legislature.
The Governor may also:
Prorogue the Legislature
Dissolve the Legislative Assembly
The Legislative Council cannot be dissolved because it is a permanent House.
12. Article 175 — Governor's Address and Messages
The Governor has the right to:
Address the Legislative Assembly
Address both Houses together where a Legislative Council exists
Send messages to the House or Houses
The Governor may send messages regarding:
Pending Bills
Other legislative matters
The House must consider matters referred through such messages.
13. Article 176 — Special Address
The Governor makes a special address:
At the first session after each general election to the Legislative Assembly
At the first session of each year
The address outlines:
The reasons for summoning the Legislature and the Government's policies and programmes.
14. Article 177 — Rights of Ministers and Advocate General
Ministers and the Advocate General have the right to:
Speak in the State Legislature
Participate in proceedings
Participate in committees of which they are named as members
However:
They do not have the right to vote merely by virtue of Article 177.
The Advocate General is therefore connected with legislative proceedings without being a member of the Legislature merely because of that office.
15. Legislative Procedure
The Constitution lays down procedures for passing legislation in the State Legislature.
Important provisions are contained in:
Articles 196–201
These deal with matters such as:
Introduction of Bills
Passage of Bills
Legislative Council's role
Governor's assent
Reservation of Bills
President's consideration of reserved Bills
16. Ordinary Bills
An ordinary Bill may generally originate in:
Legislative Assembly
Legislative Council, where the State has one
The Bill must pass through the constitutionally prescribed legislative process.
In a bicameral State, the Legislative Council can delay and suggest changes but does not have the same legislative power as the Assembly.
17. Money Bills
Money Bills have a special constitutional procedure.
A Money Bill:
Cannot be introduced in the Legislative Council.
It can be introduced only in the:
Legislative Assembly
and requires the:
Governor's prior recommendation
The Legislative Council has a limited role in relation to a Money Bill.
18. Financial Control
The State Legislature exercises control over public finances.
Important financial mechanisms include:
State Budget
Demands for Grants
Appropriation Bill
Taxation proposals
Supplementary grants
Excess grants
The Legislative Assembly has greater financial powers than the Legislative Council.
19. Governor's Assent
After a Bill is passed by the State Legislature, it is presented to the Governor.
The Governor may, subject to constitutional provisions:
Give assent
Withhold assent
Return a non-Money Bill for reconsideration
Reserve the Bill for the President
If a Bill is returned and passed again by the Legislature, the Governor generally cannot withhold assent to it, subject to the constitutional framework.
20. Reservation of Bills for President
The Governor may reserve certain Bills for consideration of the President.
Reservation is constitutionally significant because it brings the Union Executive into the State legislative process.
The President may:
Give assent
Withhold assent
In the case of a non-Money Bill, return it for reconsideration
21. Legislative Privileges
Members of the State Legislature enjoy constitutional privileges and immunities.
These facilitate:
Independent and effective legislative functioning
Important areas include:
Freedom of speech in the Legislature
Immunity relating to certain legislative proceedings
Protection of legislative functioning
Legislative privileges are subject to the Constitution and judicial interpretation.
22. Legislative Committees
Committees allow detailed examination of government policies, expenditure and administration.
Important committees include:
Public Accounts Committee
Estimates Committee
Committee on Public Undertakings
Committees strengthen:
Legislative scrutiny + Financial accountability
23. State Legislature and Executive
The State follows the parliamentary system.
The Council of Ministers is:
Collectively responsible to the Legislative Assembly
The Legislature holds the Executive accountable through:
Question Hour
Debates
Motions
Resolutions
Budget discussions
Legislative committees
No-confidence motions
Thus:
Legislature → Controls and scrutinises Executive
24. State Legislature and Judiciary
The State Legislature is subject to constitutional limitations.
The judiciary can review State legislation on grounds such as:
Violation of Fundamental Rights
Lack of legislative competence
Violation of constitutional provisions
Conflict with constitutional limitations
Therefore:
Legislative sovereignty in India is not absolute.
The Constitution is supreme.
25. State Legislature and Federalism
The legislative powers of the Union and States are distributed by the Constitution.
The State Legislature primarily legislates on:
State List
It can also legislate on:
Concurrent List
subject to constitutional provisions.
Parliament has certain powers to legislate on State subjects in exceptional constitutional circumstances.
Therefore:
State legislative autonomy exists within the constitutional federal framework.
26. Key Constitutional Principles
The State Legislature operates on four major principles:
Parliamentary Government
The Executive is accountable to the elected Legislative Assembly.
Federalism
Legislative powers are constitutionally distributed between Union and States.
Constitutional Supremacy
The Legislature must act within constitutional limits.
Checks and Balances
Executive and legislative powers are subject to constitutional and judicial controls.
27. Constitutional Framework — Complete Structure
CONSTITUTION OF INDIA
│
PART VI
│
STATE LEGISLATURE
│
┌───────────┴───────────┐
↓ ↓
Governor Houses
│
┌───────────┴───────────┐
↓ ↓
Legislative Legislative
Assembly Council
Vidhan Sabha Vidhan Parishad
│ │
Direct Election Indirect + Nomination
│ │
└───────────┬───────────┘
↓
Law-Making
↓
Financial Control
↓
Executive Accountability
28. Important Articles — Quick Map
168 → Constitution of State Legislature
169 → Creation/Abolition of Legislative Council
170 → Composition of Legislative Assembly
171 → Composition of Legislative Council
172 → Duration of State Legislature
173 → Qualifications for Membership
174 → Sessions, Prorogation and Dissolution
175 → Governor's Address and Messages
176 → Special Address by Governor
177 → Rights of Ministers and Advocate General
178 → Speaker and Deputy Speaker of Assembly
182 → Chairman and Deputy Chairman of Council
188 → Oath or Affirmation by Members
189 → Voting and Quorum
190 → Vacation of Seats
191 → Disqualifications
192 → Decision on Disqualification
193 → Penalty for Sitting and Voting Before Oath or While Disqualified
194 → Legislative Privileges
196–201 → Legislative Procedure
202 → State Budget
203 → Demands for Grants
204 → Appropriation Bills
205 → Supplementary, Additional or Excess Grants
206 → Votes on Account, Votes of Credit and Exceptional Grants
207 → Financial Bills
208 → Rules of Procedure
209 → Regulation of Procedure in Financial Business
210 → Language in Legislature
211 → Restriction on Discussion of Judges
212 → Courts not to inquire into proceedings of Legislature
29. UPSC Prelims Facts
Article 168 deals with the Constitution of State Legislatures.
Governor is constitutionally a component of the State Legislature.
Governor is not a member of either House.
A State may have a unicameral or bicameral legislature.
Article 169 deals with creation or abolition of Legislative Councils.
Parliament creates or abolishes a Legislative Council through law after the required State Assembly resolution.
Legislative Assembly members are directly elected.
Legislative Council is a permanent House.
One-third of Legislative Council members retire every two years.
Normal term of Legislative Assembly is five years.
Minimum age is 25 for Legislative Assembly and 30 for Legislative Council.
Not more than six months can intervene between two sessions of the State Legislature.
Governor can prorogue the Legislature.
Governor can dissolve the Legislative Assembly.
Legislative Council cannot be dissolved.
Money Bills can be introduced only in the Legislative Assembly.
Governor's prior recommendation is required for introduction of a Money Bill.
Council of Ministers is collectively responsible to the Legislative Assembly.
State legislative power is subject to judicial review.
State Legislature primarily legislates on State List subjects, subject to constitutional exceptions.
30. UPSC Prelims Traps
Trap 1
"Governor is a member of the Legislative Assembly."
False
Governor is a component of the State Legislature but not a member of either House.
Trap 2
"Legislative Council is mandatory in every State."
False
A State may have a unicameral legislature.
Trap 3
"State Assembly can itself abolish the Legislative Council."
False
The Assembly passes the required resolution, but Parliament must enact the law.
Trap 4
"Legislative Council can be dissolved."
False
It is a permanent House.
Trap 5
"Money Bill can originate in Legislative Council."
False
It can originate only in the Legislative Assembly.
Trap 6
"Legislative Council has equal financial powers with Assembly."
False
The Assembly has greater financial powers.
Trap 7
"Governor can be a member of the State Legislature."
False
The Governor is a constitutional component but not a member of either House.
Trap 8
"Six months is the maximum length of a legislative session."
False
The Constitution requires that not more than six months intervene between two sessions.
Trap 9
"Legislative Assembly is a permanent House."
False
The Assembly has a normal five-year term and may be dissolved earlier.
Trap 10
"Parliament has no role in Legislative Council creation."
False
Parliament makes the law creating or abolishing the Council.
31. Mains Perspective
The constitutional framework of the State Legislature reflects India's attempt to balance:
Democratic Representation + Legislative Deliberation + Executive Accountability + Federalism
The Legislative Assembly provides direct democratic representation, while the Legislative Council, where present, provides continuity and an additional revising chamber.
However, the effectiveness of the constitutional framework depends on:
Adequate legislative sitting time
Strong committee systems
Quality legislative debate
Effective opposition
Legislative research
Executive accountability
Respect for constitutional limits
32. Conclusion
The State Legislature is a central institution of State-level democracy.
Its constitutional framework combines:
Article 168 → Institutional Structure
Articles 169–171 → Composition
Articles 172–177 → Membership, Duration and Sessions
Articles 196–212 → Legislative Procedure
Articles 202–207 → Financial Procedure
The Legislative Assembly remains the dominant chamber because of its direct electoral mandate and superior financial powers, while the Legislative Council, where present, provides continuity and legislative review.
Thus, the constitutional design seeks to ensure:
Representative Government + Responsible Government + Federalism + Constitutional Supremacy