The Constitution provides for a Legislature in every State under Article 168.
A State Legislature may be:
The State Legislature consists of:
Governor + Legislative Assembly
and, where a Legislative Council exists:
Governor + Legislative Assembly + Legislative Council
The composition of the two Houses is different in terms of:
The main constitutional provisions dealing with the composition of State Legislatures are:
Under Article 168, the State Legislature consists of the:
Governor + House or Houses of Legislature
Therefore, the Governor is constitutionally a component of the State Legislature.
However:
Governor is not a member of either House.
The Governor performs important legislative functions such as:
The Legislative Assembly is known as:
Vidhan Sabha
It is the:
Lower House of the State Legislature
Members of the Legislative Assembly are directly elected by the people of the State from territorial constituencies.
The Assembly is therefore the principal representative chamber of the State Legislature.
The Legislative Assembly consists of:
Not more than 500 members
and:
Not less than 60 members
These members are chosen by direct election from territorial constituencies in the State.
However, Parliament may provide by law for a smaller number of members for certain smaller States.
Therefore, the constitutional limits are:
Maximum → 500
Minimum → 60
subject to constitutional and statutory provisions.
For Legislative Assembly elections, the State is divided into:
Territorial constituencies
The Constitution seeks to ensure, as far as practicable:
Uniformity of representation
among territorial constituencies.
The number of seats and constituency boundaries are determined under the constitutional and statutory framework governing delimitation.
The allocation of seats and division of territorial constituencies is based on population considerations, subject to constitutional provisions concerning delimitation and readjustment.
The objective is to maintain:
Reasonable equality of representation
among constituencies.
The Constitution provides for reservation of seats for:
in State Legislative Assemblies according to constitutional provisions.
The reservation is linked to the population of the concerned communities in the State or areas, subject to the constitutional framework.
The Legislative Council is known as:
Vidhan Parishad
It is the:
Upper House of the State Legislature
A Legislative Council exists only in certain States.
It is therefore:
Optional at the State level
Unlike the Legislative Assembly, the Council is not directly elected by the entire electorate.
Parliament can create or abolish a Legislative Council in a State.
However, the process begins with the:
State Legislative Assembly
The Assembly must pass a resolution by:
After this, Parliament may enact a law to create or abolish the Council.
Important:
Assembly resolution → Enables Parliament to act
Parliament → Creates or abolishes the Council through law
The total number of members of a Legislative Council:
Cannot exceed one-third of the total strength of the Legislative Assembly
and:
Cannot be less than 40
Therefore:
Maximum → 1/3 of Assembly strength
Minimum → 40
Suppose a State Legislative Assembly has:
240 members
One-third of 240 is:
80
Therefore, the Legislative Council cannot have more than:
80 members
If the Assembly has 90 members:
One-third = 30.
But because the constitutional minimum is 40:
Council must have at least 40 members, subject to the applicable constitutional/statutory framework.
The Legislative Council has a mixed method of representation.
Its members are elected by different groups and constituencies.
Broadly:
These fractions are important UPSC Prelims facts.
One-third of the members of the Legislative Council are elected by:
Members of the Legislative Assembly
These elections are conducted through:
Proportional Representation by means of Single Transferable Vote
One-third of the members are elected by electorates consisting of members of:
The exact composition of the electorate is determined according to law.
The purpose is to provide:
Local Government Representation
One-twelfth of the members are elected by:
Graduates' constituencies
The electorate consists of persons meeting the prescribed educational and residence requirements under law.
This provides:
Educational and intellectual representation
One-twelfth of the members are elected by:
Teachers' constituencies
These constituencies represent eligible teachers as prescribed by law.
This provides:
Representation of the teaching community
One-sixth of the members of the Legislative Council are nominated by the:
Governor
The nominated members should have special knowledge or practical experience in:
The Governor's nominations therefore aim to provide:
Expert and experienced representation
The elected members of the Legislative Council are chosen through:
Proportional Representation by means of Single Transferable Vote
This is different from the normal first-past-the-post system used for direct elections to the Legislative Assembly.
| Legislative Assembly | Legislative Council |
|---|---|
| Directly elected | Indirectly elected + nominated |
| Territorial constituencies | Multiple categories of constituencies |
| Members elected by people | Members elected by specified electorates |
| Minimum 60 members generally | Minimum 40 members |
| Maximum 500 members generally | Maximum 1/3 of Assembly strength |
| Lower House | Upper House |
The normal duration of the Legislative Assembly is:
Five years
The period is counted from the date appointed for its first meeting.
The Assembly may be dissolved before the completion of five years.
Therefore:
Assembly = Temporary House
The Legislative Council is:
A Permanent House
It is not subject to dissolution.
However:
One-third of its members retire every two years.
Each member normally has a:
Six-year term
Thus, the Council provides continuity and institutional stability.
A person seeking membership of the State Legislature must satisfy constitutional qualifications.
Important minimum ages:
25 years → Legislative Assembly
30 years → Legislative Council
The person must also:
The Legislative Assembly has the strongest democratic mandate because its members are:
Directly elected by the people
This gives the Assembly a central role in:
The Legislative Council represents different sections and institutions rather than the electorate as a whole.
Its composition includes representation from:
MLAs + Local Authorities + Graduates + Teachers + Nominated Experts
Therefore, the Council is designed primarily as:
A revising and deliberative chamber
The bicameral system at the State level is intended to provide:
Bills receive additional scrutiny.
The Council is a permanent House.
Different groups and institutions receive representation.
The Council can reconsider and suggest changes to legislation.
However, the Council does not enjoy equal powers with the Assembly.
The Legislative Assembly is more powerful than the Legislative Council in important matters.
This is especially clear in:
The Council can delay or suggest changes to legislation but cannot permanently block the Assembly in the same manner as an equal second chamber.
Governor
↓
Legislative Assembly
Bicameral
Governor
↓
┌─────────┴─────────┐
↓ ↓
Legislative Assembly Legislative Council
Vidhan Sabha Vidhan Parishad
28. Importance of Composition
The composition of the State Legislature reflects a balance between:
Direct Democracy
and:
Deliberative Representation
The Legislative Assembly provides direct representation.
The Legislative Council, where present, provides:
Institutional continuity
Broader representation
Expert participation
Legislative review
29. State Legislature and Democratic Representation
The composition of the Legislature ensures representation at different levels.
Assembly
Represents:
People directly
Council
Represents:
MLAs + Local Bodies + Teachers + Graduates + Experts
This creates a broader institutional representation.
30. State Legislature and Federalism
The Constitution gives States the power to determine whether they should have a Legislative Council, subject to the Article 169 process.
This reflects a degree of:
Institutional flexibility
within the federal structure.
However, the final legislative authority to create or abolish the Council belongs to:
Parliament
31. UPSC Prelims Facts
Article 168 deals with the Constitution of State Legislatures.
Article 169 deals with creation or abolition of Legislative Councils.
Article 170 deals with composition of Legislative Assemblies.
Article 171 deals with composition of Legislative Councils.
Legislative Assembly members are directly elected.
Legislative Council members are elected through different electorates and partly nominated.
Legislative Assembly generally has a maximum of 500 and minimum of 60 members.
Legislative Council cannot exceed one-third of Assembly strength.
Legislative Council cannot have fewer than 40 members.
One-third of Council members are elected by MLAs.
One-third are elected by local authorities.
One-twelfth are elected by graduates.
One-twelfth are elected by teachers.
One-sixth are nominated by the Governor.
Council elections use proportional representation by means of Single Transferable Vote.
Legislative Assembly has a normal five-year term.
Legislative Council is a permanent House.
One-third of Council members retire every two years.
Council members normally have a six-year term.
Minimum age is 25 for Assembly membership.
Minimum age is 30 for Council membership.
Governor is a component of the State Legislature but is not a member of either House.
32. UPSC Prelims Traps
Trap 1
"All States have Legislative Councils."
False
Only some States have bicameral legislatures.
Trap 2
"Legislative Council is directly elected by the people."
False
Its members are elected through different electorates and some are nominated.
Trap 3
"Legislative Council can have more members than the Legislative Assembly."
False
Its strength cannot exceed:
One-third of the Assembly's strength
Trap 4
"Legislative Council must have at least 60 members."
False
The minimum strength is:
40
Trap 5
"Assembly must have exactly 60 to 500 members in every State."
Not strictly correct
The Constitution provides the general limits, but Parliament may provide by law for a smaller number for certain States.
Trap 6
"Governor nominates one-third of the Legislative Council."
False
Governor nominates:
One-sixth
Trap 7
"Graduates elect one-sixth of the Council."
False
Graduates elect:
One-twelfth
Trap 8
"Teachers elect one-sixth of the Council."
False
Teachers elect:
One-twelfth
Trap 9
"MLAs elect one-half of the Legislative Council."
False
MLAs elect:
One-third
Trap 10
"All Legislative Council members are elected."
False
One-sixth are nominated by the Governor.
Trap 11
"Legislative Council can be dissolved like the Assembly."
False
It is a:
Permanent House
Trap 12
"One-third of Assembly members retire every two years."
False
It is:
One-third of Legislative Council members
33. Easy Memory Trick
For Legislative Council composition:
1/3 + 1/3 + 1/12 + 1/12 + 1/6
Remember:
MLAs → 1/3
Local Bodies → 1/3
Graduates → 1/12
Teachers → 1/12
Governor → 1/6
Easy grouping:
Two-thirds elected through institutions
Two-twelfths through graduates and teachers
Two-twelfths nominated by Governor
34. Article Memory Chain
168 → State Legislature
169 → Legislative Council Creation/Abolition
170 → Assembly Composition
171 → Council Composition
172 → Duration
173 → Qualifications
174 → Sessions
175 → Governor's Address and Messages
176 → Special Address
177 → Ministers and Advocate General
Memory:
168–177 = State Legislature Foundation
35. Quick Revision Table
Feature Legislative Assembly Legislative Council
House Lower House Upper House
Nature Temporary Permanent
Election Direct Indirect + Nomination
Minimum age 25 30
General minimum strength 60 40
General maximum strength 500 1/3 of Assembly
Term 5 years 6 years for members
Retirement Entire House may dissolve 1/3 every 2 years
Money Bills Major role Limited role
Executive responsibility Council responsible to it No collective responsibility
Presiding officer Speaker Chairman
36. Mains Perspective
The composition of State Legislatures reflects the constitutional attempt to balance:
Majoritarian Representation
with:
Deliberative Representation
The Legislative Assembly derives legitimacy from direct elections, while the Legislative Council, where present, introduces continuity, institutional experience and representation of diverse groups.
However, bicameralism can also raise concerns regarding:
Duplication of legislative work
Additional expenditure
Political appointments
Delays in legislation
Questions about democratic legitimacy
Therefore, the value of a Legislative Council depends largely on whether it performs its intended role as a:
Deliberative and revising chamber
rather than merely becoming a political extension of the ruling party.
37. Conclusion
The composition of the State Legislature reflects India's parliamentary and federal constitutional design.
The:
Legislative Assembly
provides direct democratic representation and remains the dominant House.
The:
Legislative Council
where it exists, provides continuity, broader representation and legislative review.
Thus, the constitutional framework seeks to balance:
Direct Representation + Institutional Continuity + Deliberation + Democratic Accountability