Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. Composition of the State Legislature
2. States with Bicameral Legislatures
3. Creation and Abolition of Legislative Councils
4. Size and Composition of the Legislative Council
5. The Legislative Assembly
6. Duration of the Legislative Assembly
7. Legislative Council and Its Composition
8. Qualifications for Membership
9. Disqualifications for Membership
10. Decision on Disqualification
11. Legislative Procedure in States with Two Chambers
12. Difference Between Parliament and State Legislatures
13. Summary of Bills Other than Money Bills
14. Relative Position of the Two Houses
15. II. As regards Bills other than Money Bills:
16. Position of the Legislative Council
17. Governor’s Role in Passage of Bills
18. Veto Powers of President and Governor
19. Ordinance-Making Power of the Governor
20. Ordinance-Making Power: President vs. Governor
21. Privileges of the State Legislature
22. New States Added Since 1950
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The State Legislature
Chapter – 14
Composition of the State Legislature
Though the Constitution prescribes a uniform pattern of government for all States, it makes a distinction between larger and smaller States in the matter of the composition of the Legislature.
In every State, the Legislature shall include the Governor.
In some States, the Legislature consists of two Houses—the Legislative Assembly and the Legislative Council.
In the rest of the States, the Legislature consists of only one House, i.e., the Legislative Assembly [Article 168].
States with Bicameral Legislatures
As of 2015, the States having two Houses are:
Andhra Pradesh
Telangana
Bihar
Maharashtra
Karnataka
Tamil Nadu
Uttar Pradesh [Article 168]
In the remaining States, the Legislature is unicameral, consisting only of the Legislative Assembly.
Creation and Abolition of Legislative Councils
The list of bicameral States is not permanent. The Constitution allows both:
The abolition of a Legislative Council where it exists.
The creation of a Legislative Council where none exists.
This can be done without a constitutional amendment, through the following procedure [Article 169]:
A resolution passed by the Legislative Assembly of the State concerned, by a special majority (i.e., majority of the total membership of the Assembly, not less than two-thirds of members present and voting).
An Act of Parliament thereafter.
This provision was included because many States at the time of the making of the Constitution were of limited financial resources and could not afford the extravagance of two Chambers. Hence, each State was given the option.
Examples:
Andhra Pradesh created a Legislative Council in 1957, leading to the Legislative Council Act, 1957. It was abolished in 1985.
West Bengal and Punjab have abolished their Legislative Councils through the same process.
Size and Composition of the Legislative Council
The size of the Legislative Council varies with that of the Legislative Assembly.
The membership of the Council shall be:
Not more than one-third of the membership of the Legislative Assembly.
Not less than 40 [Article 171(1)].
This provision ensures that the Upper House does not dominate the Legislature.
The composition of the Council is partly nominated and partly elected, with elections being indirect and based on the principle of proportional representation by means of the single transferable vote [Article 171(2)].