The State Legislature is the principal legislative institution at the State level.
Under:
Article 168
the State Legislature consists of:
It performs four major functions:
Law-Making + Representation + Executive Accountability + Financial Control
The most important UPSC themes are:
168 → State Legislature
169 → Creation / Abolition of Legislative Council
170 → Legislative Assembly
171 → Legislative Council
172 → Duration
173 → Qualifications
174 → Sessions
175 → Governor's Address / Messages
176 → Special Address
178 → Speaker / Deputy Speaker
182 → Chairman / Deputy Chairman
188 → Oath / Affirmation
189 → Voting / Quorum
190 → Vacation of Seats
191 → Disqualification
192 → Decision on Disqualification
194 → Legislative Privileges
195 → Salaries / Allowances
196 → Legislative Procedure
197 → Council's limitation on Ordinary Bills
198 → Money Bills
199 → Definition of Money Bill
200 → Governor's Assent
201 → Bills Reserved for President
202 → Annual Financial Statement
203 → Demands for Grants
204 → Appropriation Bill
205 → Supplementary / Additional / Excess Grants
206 → Vote on Account / Vote of Credit / Exceptional Grant
207 → Financial Bills
Structure of State Legislature
2. Unicameral Legislature
A State may have only:
Legislative Assembly
Such a State has a:
Unicameral Legislature
3. Bicameral Legislature
A State may have:
Legislative Assembly
Legislative Council
Such a State has a:
Bicameral Legislature
4. Governor as Component
The Governor is constitutionally a:
Component of the State Legislature
but:
Not a Member of either House
This is a frequent UPSC trap.
Legislative Assembly
5. Composition
Under Article 170, members of the Legislative Assembly are generally:
Directly elected by the people
The normal constitutional range is:
Not more than 500
and:
Not less than 60
subject to constitutional exceptions for certain smaller States.
6. Term
Under Article 172:
Normal term → 5 years
The Assembly can be dissolved earlier.
During National Emergency, Parliament may extend the term:
One year at a time
but not beyond:
Six months after the Emergency ceases
7. Minimum Age
Under Article 173:
Assembly → 25 years
Legislative Council
8. Composition
Under Article 171:
A Legislative Council shall:
Not exceed one-third of the strength of the Legislative Assembly
and:
Not be less than 40 members
9. Composition Formula
Broadly:
1/3 → Local Authorities
1/12 → Graduates
1/12 → Teachers
1/3 → Members of Legislative Assembly
1/6 → Governor's Nomination
Governor nominates members with special knowledge or practical experience in:
Literature
Science
Art
Cooperative movement
Social service
10. Nature of Council
The Legislative Council is:
Permanent
It cannot be dissolved.
One-third of its members retire every:
Two Years
11. Minimum Age
Council → 30 years
Memory:
Assembly → 25
Council → 30
Creation and Abolition of Legislative Council
12. Article 169
The Legislative Assembly may pass a resolution seeking creation or abolition of the Legislative Council.
The resolution requires:
Majority of total membership
Two-thirds of members present and voting
Then:
Parliament makes the law
Therefore:
Assembly Resolution → Parliament → Council Created/Abolished
Assembly vs Council
13. Core Comparison
Feature Legislative Assembly Legislative Council
Nature Temporary House Permanent House
Election Direct Mostly indirect + nomination
Normal term 5 years Permanent
Dissolution Yes No
Minimum age 25 30
Demands for Grants Votes Cannot vote
Money Bill Final authority Recommendations only
Government responsibility Government responsible No
Financial power Greater Limited
Memory:
Assembly → Democratic + Financial Primacy
Council → Revising + Deliberative Role
Presiding Officers
14. Speaker
The Speaker:
Presides over Assembly
Maintains order
Regulates debate
Decides admissibility
Certifies Money Bills
Decides Anti-Defection cases
15. Deputy Speaker
Performs the Speaker's functions when the office is vacant or Speaker is absent, according to constitutional and procedural rules.
16. Chairman of Legislative Council
The Chairman:
Presides over Council
Regulates proceedings
Maintains order
Performs procedural functions
Decides Anti-Defection cases in the Council
17. Deputy Chairman
Performs the Chairman's functions in prescribed circumstances.
18. Pro Tem Speaker
The Pro Tem Speaker is appointed to perform temporary functions such as:
Administering oath to newly elected members
Presiding over initial proceedings
Facilitating election of regular Speaker
Membership
19. Qualifications
Article 173 provides:
Indian citizenship
Prescribed oath/affirmation
Minimum age
Other statutory qualifications
20. Disqualification
Article 191 includes:
Office of profit
Unsound mind declared by competent court
Undischarged insolvent
Foreign citizenship / allegiance
Disqualification under Parliamentary law
Tenth Schedule disqualification
21. Vacation of Seats
Article 190 deals with:
Vacation of Seats
A seat may become vacant due to:
Disqualification
Resignation
Absence in prescribed circumstances
Other constitutional/statutory grounds
Sessions and Procedure
22. Summoning
Article 174:
Governor summons the Legislature
There cannot ordinarily be more than:
Six months
between the last sitting of one session and the first sitting of the next.
23. Prorogation
Means:
End of Session
It does not dissolve the Assembly.
24. Dissolution
Means:
End of Legislative Assembly
The Legislative Council is not dissolved.
25. Oath
Article 188 deals with:
Oath or Affirmation
Members must take the prescribed oath before taking their seats and participating as constitutionally permitted.
26. Quorum
Article 189 deals with:
Voting and Quorum
The Constitution provides a minimum quorum of:
10 members or one-tenth of the total number of members, whichever is greater
for a House, unless the House has otherwise prescribed the applicable procedure consistent with the constitutional framework.
Governor and Legislature
27. Governor's Role
The Governor:
Summons
Prorogues
Can dissolve Assembly
Addresses Legislature
Sends messages
Assents to Bills
Can reserve Bills
Performs specified financial functions
28. Article 175
Governor can:
Address Assembly
Address both Houses together
Send messages to either House
29. Article 176
Special Address at:
First session after general election
First session of every year
Motion of Thanks follows the Governor's Address.
Legislative Procedure
30. Ordinary Bills
An Ordinary Bill can generally originate in:
Assembly
Council, where applicable
The Bill must complete the prescribed legislative process.
31. Money Bills
Money Bill:
Can originate only in Assembly
Cannot originate in Council
Council cannot reject it
Council can only recommend changes
Council must return it within 14 days
Assembly can:
Accept or reject recommendations
32. No Joint Sitting
There is:
No Joint Sitting provision for State Legislature
to resolve disagreement between Assembly and Council.
This differs from Parliament.
33. Governor and Bills
Under Article 200, the Governor may constitutionally:
Give assent
Withhold assent
Return a non-Money Bill
Reserve the Bill for President
A Money Bill cannot be returned for reconsideration.
34. Repassed Non-Money Bill
If a returned non-Money Bill is passed again:
Governor cannot withhold assent
under the constitutional scheme.
35. Reservation for President
Governor may reserve a Bill for:
President
Article 201 governs the subsequent process.
Financial Procedure
36. State Budget
Article 202:
Annual Financial Statement
Contains estimated:
Receipts
Expenditure
37. Demands for Grants
Article 203:
Demands for Grants
Only the:
Legislative Assembly
votes on them.
38. Appropriation Bill
Article 204:
Provides legal authority for appropriation from:
Consolidated Fund of the State
It covers:
Voted expenditure
Charged expenditure
39. Charged Expenditure
Charged expenditure:
Not voted
but:
Can be discussed
Memory:
Charged → Discussed, Not Voted
40. Supplementary, Additional and Excess Grants
Article 205:
Supplementary → Existing Service Needs More
Additional → New Service
Excess → Already Spent More Than Authorised
Memory:
205 → SAE
41. Article 206
Vote on Account
→ Temporary / Part-Year Provision
Vote of Credit
→ Unexpected / Indefinite Demand
Exceptional Grant
→ Special Purpose
42. Financial Bills
Article 207:
Financial Bills
Certain Financial Bills require:
Governor's Recommendation
Cut Motions
43. Policy Cut
Demand reduced to:
Re. 1
Purpose:
Disapproval of Policy
44. Economy Cut
Reduction by:
Specified Amount
Purpose:
Economy in Expenditure
45. Token Cut
Reduction by:
₹100
Purpose:
Specific Grievance
Memory:
Policy → Re. 1
Economy → Specified
Token → ₹100
Parliamentary Devices
46. Question Hour
Purpose:
Seek Information
Starred
Oral Answer
Unstarred
Written Answer
Short Notice
Urgent Matter
47. Zero Hour
Not in Constitution
Parliamentary practice
Generally follows Question Hour
Raises urgent matters
Memory:
Zero Hour → Urgent Issue
48. Calling Attention
Draws:
Minister's Attention
to:
Urgent Public Matter
49. Adjournment Motion
Seeks:
Interruption of Normal Business
for:
Definite + Urgent + Public Importance
50. No-Confidence Motion
Tests:
Government's Majority
Relevant House:
Legislative Assembly
Constitutional basis:
Article 164(2)
51. Confidence Motion
Demonstrates:
Government's Majority
52. Censure Motion
Criticises:
Specific Policy / Action / Failure
Memory:
Censure → Specific
No-Confidence → Government
Resolutions
53. Resolution
A formal expression of:
Opinion or Decision of the House
Types include:
Government Resolution
Private Members' Resolution
Statutory Resolution
54. Motion vs Resolution vs Bill
Question
→ Information
Motion
→ Proposal
Resolution
→ House's Opinion / Decision
Bill
→ Law-Making
Legislative Privileges
55. Article 194
Deals with:
Powers, Privileges and Immunities of State Legislatures
Includes:
Freedom of speech in Legislature
Protection for certain speech and votes
Other legislative privileges
56. Privilege Principle
Legislative Privilege protects legislative functioning
It is:
Not Absolute
Courts can examine constitutional limits in appropriate cases.
Important cases:
Keshav Singh
M.S.M. Sharma
Raja Ram Pal
Amarinder Singh
Anti-Defection
57. Tenth Schedule
Introduced through:
52nd Constitutional Amendment Act, 1985
58. Grounds
Disqualification may arise from:
Voluntarily giving up party membership
Voting/abstaining contrary to party direction
Independent joining party after election
Nominated member joining after six months
59. Condonation
Party may condone violation within:
15 Days
60. Merger
Exception:
2/3 of Legislature Party
61. Split
Old split exception:
Removed by 91st Amendment, 2003
62. Deciding Authority
Assembly → Speaker
Council → Chairman
Decision:
Subject to Judicial Review
Legislative Committees
63. Public Accounts Committee
Focus:
Past / Actual Expenditure
Examines:
CAG Reports
Appropriation Accounts
Finance Accounts
64. Estimates Committee
Focus:
Budget Estimates
Examines:
Economy
Efficiency
Administrative improvements
65. Committee on Public Undertakings
Focus:
Public Enterprises
Legislature and Judiciary
66. Judicial Review
State laws can be reviewed if they:
Violate Fundamental Rights
Exceed legislative competence
Violate Constitution
Conflict with superior law under constitutional rules
67. Key Articles
245 → Extent
246 → Legislative Competence
254 → Repugnancy
226 → High Court Writs
227 → High Court Superintendence
68. Article 211
Restricts discussion in State Legislature regarding conduct of:
Supreme Court and High Court Judges
in judicial discharge of duties, except in the constitutional removal context.
Centre-State Relations
69. Article 248
Residuary legislative powers:
Parliament
70. Article 249
Parliament legislates on State List in:
National Interest
71. Article 250
Parliament legislates on State List during:
National Emergency
72. Article 252
Parliament legislates on State List at request of:
Two or More State Legislatures
73. Article 253
Parliament legislates for:
International Agreements
74. Article 254
Deals with:
Repugnancy
Generally:
Parliamentary Law Prevails
subject to Article 254(2).
75. Article 356
During President's Rule:
Parliament may exercise State legislative powers
Women's Representation
76. 106th Constitutional Amendment
2023 Amendment introduced:
Article 332A
providing a framework for:
Approximately One-Third Reservation
in State Legislative Assemblies.
77. Article 334A
Implementation is linked to:
Census + Delimitation
It also provides the constitutional framework for:
Duration + Rotation
78. Legislative Council
Article 332A reservation applies to:
Legislative Assembly
not:
Legislative Council
Criminalisation and Representation
79. Key Distinction
Pending Criminal Case ≠ Conviction
Pending case:
Disclosure
Specified conviction:
Possible Disqualification under Section 8 RPA
80. Article 191
Provides constitutional framework for:
Disqualification of State Legislators
81. Political Party Responsibility
Parties selecting candidates with criminal antecedents have disclosure and justification obligations under Supreme Court directions.
Goal:
Informed Electoral Choice
Legislative Deliberation
82. Meaning
Deliberation involves:
Debate
Evidence
Committee scrutiny
Amendments
Alternative viewpoints
83. Causes of Decline
Limited sitting time
Disruptions
Excessive party control
Weak committee scrutiny
Limited research
Political polarisation
84. Consequences
Deliberation ↓
↓
Scrutiny ↓
↓
Accountability ↓
↓
Legislative Quality ↓
Legislative Productivity
85. Productivity Is More Than Bills
Measure:
Quantity
Quality
Accountability
Relevant indicators:
Sitting days
Bills scrutinised
Questions answered
Committee work
Financial scrutiny
Amendments
Follow-up
Reforms
86. Institutional
Stronger Legislative Secretariat
Research support
Committee resources
Digital infrastructure
87. Procedural
More sitting days
Protected Question Hour
Better scheduling
More committee scrutiny
Better financial examination
88. Political
Responsible Opposition
Limited use of whip
Internal party democracy
Time-bound anti-defection decisions
89. Representation
Women's representation
Candidate training
Inclusive political recruitment
Leadership development
90. Accountability
Conflict-of-interest rules
Candidate disclosure
Stronger PAC
CAG follow-up
Post-legislative review
Important Supreme Court Cases
91. S.R. Bommai
Article 356 + Floor Test + Federalism
92. Rameshwar Prasad
Bihar Assembly Dissolution
93. Nabam Rebia
Governor + Legislative Assembly
94. Kihoto Hollohan
Anti-Defection + Judicial Review
95. Keisham Meghachandra
Delay in Defection Decisions
96. Subhash Desai
Maharashtra Political Crisis + Governor + Speaker + Tenth Schedule
97. Keshav Singh
Legislative Privilege + Judiciary
98. M.S.M. Sharma
Privilege + Speech / Publication
99. Raja Ram Pal
Legislative Privilege + Judicial Review
100. Amarinder Singh
State Legislative Privilege + Judicial Review
101. M. Karunanidhi
Article 254 + Repugnancy
102. Hoechst Pharmaceuticals
Legislative Competence + Repugnancy
Final Prelims Trap Sheet
103. Structure
Governor = Component, Not Member
Council = Permanent
Assembly = Can Be Dissolved
104. Composition
Assembly → Direct
Council → Indirect + Nomination
Council Nomination → 1/6
Council Size → 1/3 Assembly, minimum 40
105. Ages
Assembly → 25
Council → 30
106. Financial
Demands for Grants → Assembly Only
Charged → Discussed, Not Voted
Money Bill → Assembly Only
Council → 14 Days
No Joint Sitting
107. Cut Motions
Policy → Re. 1
Economy → Specified
Token → ₹100
108. Anti-Defection
Tenth Schedule
52nd Amendment
15 Days
2/3 Merger
Split Removed
109. Federalism
248 → Residuary → Parliament
249 → National Interest
250 → Emergency
252 → State Request
253 → International
254 → Repugnancy
356 → President's Rule
110. Women's Representation
106th Amendment
332A → One-Third Framework
334A → Census + Delimitation
Assembly Only
Ultimate Revision Map
111. Complete State Legislature Map
STATE LEGISLATURE
↓
Article 168
↓
Governor + Assembly + Council
↓
┌──────────────────────────────────────┐
↓ ↓
ASSEMBLY COUNCIL
↓ ↓
Direct Election Indirect + Nomination
5 Years Permanent
Can Dissolve Cannot Dissolve
Votes Demands Cannot Vote Demands
Money Bill Final Recommendations
Government Responsible No Government Responsibility
↓
LAW-MAKING
↓
Bills → Governor → Assent / Return / Reserve
↓
FINANCIAL CONTROL
↓
Budget → Demands → Appropriation
↓
EXECUTIVE ACCOUNTABILITY
↓
Questions → Motions → Confidence
↓
LEGISLATIVE OVERSIGHT
↓
Committees → CAG → PAC
↓
CONSTITUTIONAL LIMITS
↓
Judicial Review + Federalism
↓
ANTI-DEFECTION
↓
Tenth Schedule
↓
REFORMS
↓
Deliberative + Inclusive + Accountable Legislature
Ultimate Article Chain
112. Memorise This Sequence
168 → Legislature
169 → Council
170 → Assembly
171 → Council
172 → Duration
173 → Qualifications
174 → Sessions
175 → Address/Messages
176 → Special Address
178 → Speaker
182 → Chairman
188 → Oath
189 → Voting/Quorum
190 → Seats
191 → Disqualification
194 → Privileges
196 → Bills
197 → Council Limitation
198 → Money Bills
199 → Money Bill Definition
200 → Governor
201 → President
202 → Budget
203 → Demands
204 → Appropriation
205 → SAE
206 → ACE
207 → Financial Bills
Ultimate Number Revision
113. Must Remember
Assembly Strength → 60–500 normally
Council Strength → 40–1/3 of Assembly
Assembly Age → 25
Council Age → 30
Council Nomination → 1/6
Council Retirement → 1/3 every 2 years
Sessions Gap → 6 months maximum
Money Bill Council Period → 14 days
Policy Cut → Re. 1
Token Cut → ₹100
Anti-Defection Condonation → 15 days
Merger → 2/3
Nominated Member → 6 months
Women's Reservation → 1/3 framework
Women's Reservation → Census + Delimitation
Ultimate Case-Law Revision
114. Remember the Trigger Words
Bommai
→ 356 / Floor Test
Rameshwar Prasad
→ Assembly Dissolution
Nabam Rebia
→ Governor
Kihoto Hollohan
→ Defection
Keisham Meghachandra
→ Delay
Subhash Desai
→ Maharashtra Crisis
Keshav Singh
→ Privilege
M.S.M. Sharma
→ Speech / Publication
Raja Ram Pal
→ Privilege / Judicial Review
Amarinder Singh
→ State Privilege
M. Karunanidhi
→ Repugnancy
Hoechst
→ Legislative Competence
Final UPSC Memory Formula
115. One-Page Brain Map
STATE LEGISLATURE
STRUCTURE
→ 168–171
TERM
→ 172–173
SESSIONS
→ 174–177
OFFICERS
→ 178–187
MEMBERS
→ 188–195
BILLS
→ 196–201
FINANCE
→ 202–207
PRIVILEGES
→ 194
DISQUALIFICATION
→ 191 + Tenth Schedule
JUDICIARY
→ 226 / 227
FEDERALISM
→ 245–254
PRESIDENT'S RULE
→ 356
WOMEN
→ 332A + 334A
ACCOUNTABILITY
→ Questions + Motions + Committees
REFORMS
→ Time + Research + Committees + Representation
116. Final Conclusion
The State Legislature is not merely a law-making body.
It is simultaneously a:
Representative Institution
Deliberative Institution
Financial Control Institution
Executive Accountability Institution
and:
Federal Institution
For UPSC, remember the complete chain:
Structure → Membership → Sessions → Officers → Bills → Finance → Accountability → Privileges → Anti-Defection → Judiciary → Federalism → Representation → Reforms
The ultimate principle is:
Strong State Legislature = Strong Democracy + Effective Federalism + Accountable Government + Better Law-Making