State Legislature

• The state legislature is similar to the Parliament with some differences.
• Articles 168 to 212 in Part VI of the Constitution deal with the state legislature.
• Some of the states have an unicameral system, others a bicameral system.
• Currently (2019), six states have two Houses (bicameral).

1. Andhra Pradesh,
   
2. Telangana,
   
3. Uttar Pradesh,
   
4. Bihar,
   
5. Maharashtra and Karnataka.

• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders).
  
• The legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).
  
• The Parliament can abolish a legislative council or create it as per the provisions mentioned in the constitution.
  
• The legislative council of Tamil Nadu had been abolished in 1986.
  
• The legislative assembly members are directly elected. Its maximum strength is 500 and minimum strength is 60.

1. Arunachal Pradesh, Sikkim and Goa – 30 (minimum number)
   
2. Mizoram – 40
   
3. Nagaland – 46
   
4. Some members of the legislative assemblies in Sikkim and Nagaland are also elected indirectly.

The territorial constituencies are delimited as per the 87th Amendment Act of 2003, on the basis of 2001 census, without altering the total number of seats in the assembly of each state.

The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes.

The maximum strength of the legislative council is one-third of the total strength of the assembly and the minimum strength is 40.

Manner of Election of members of a legislative council:

1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
   
2. 1/12 are elected by graduates of three years standing and residing within the state,
   
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
   
4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly,
   
5. 1/6 are nominated by the governor.

• Duration of the legislative assembly is 5 years. But, the term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time).
• Minimum age qualification for the member of Legislative council is 30 years and for legislative assembly 25 years.
  
• Anti-defection law (10th Schedule) is applicable to the members of Legislative Council and Assembly.
  
• The Speaker is elected by the assembly itself from amongst its members.

Sessions of the State Legislature

1. Summoning

2. Adjournment

3. Adjournment sine die

4. Prorogation

5. Dissolution

6. Quorum

• Quorum is the minimum number of members required to be present in the House before it can transact any business.

7. Language in Parliament

• The Constitution has declared the mother tongue of that particular state and Hindi or English to be the languages for transacting business in the State legislature.
• The presiding officer can permit a member to address the House in his/her mother-tongue.

8. Ministers and Attorney General

• Every minister and the attorney general of India have the right to speak and take part in the proceedings of either House,

Important Articles-

168. Constitution of Legislatures in states
169. Abolition or creation of Legislative Councils in states
176. Special address by the Governor
178. The Speaker and Deputy Speaker of the Legislative Assembly
182. The Chairman and Deputy Chairman of the Legislative Council
199. Definition of “Money Bills”
200. Assent to Bills
201. Bills reserved for consideration
202. Annual financial statement
210. Language to be used in the Legislature.