State Legislature| Legislative Council (Vidhan Parishad) and Legislative Assembly (Vidhan Sabha)

Easy notes for State Legislature | Important facts about Vidhan sabha and vidhan parishad | Legislative council and Legislative Assembly

Dear aspirants, we are here to present you some quick notes on State Legislature. The candidates who are preparing for Govt civil services jobs, SSC, UPSC etc need to prepare for the polity section too. And in polity section State Legislature plays important role in questioning being raised. Our main motive is to cover the important and necessary parts of the indian polity which are necessary for the candidates who are preparing for the competitive examinations.

A state legislature is a legislative branch or body of a political subdivision in a federal system. State legislature according to article is defined as:

Article 168: Constitution of Legislatures in States.

(1) For every State there shall be a Legislature which shall consist of the Governor, and the following defined below–

(a) In the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir, two Houses;

(b) In other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly…

Important notes regarding State Legislature:

  • State legislature can be
  1. Unicameral i.e One House
  2. Bicameral i.e Two House
  • Bicameral status : 5 states
  • Bihar- 75, J&K- 36, Karnataka- 75, Maharashtra- 78, UP- 104 [2 other states were- Andhra Pradesh & Tamil Nadu]
  • Legislative Council (Vidhan Parishad) can be created or abolished on the recommendation of legislative assembly

Legislative Council (Vidhan Parishad) :

  • It is also known as Upper house, like Rajya sabha, it is also a permanent house (sort of) and cannot be dissolved.
  • The total strength cannot exceed 1/3rd of the strength of Legislative assembly, subject to a minimum of 40 members. The strength varies as per the population of state.
Creation and Abolition
  • If the Legislative Assembly passes a resolution for abolishing or creating of the Legislative Council by a majority of the total membership of the assembly and by a majority of not less than two-third of the members present and voting, the parliament may approve the resolution by a simple majority.
  • 6 years term with 1/3rd members retiring every two years
  • Candidate should be citizen of India
  • Must not hold any office of profit
  • Candidate should have registered as voter in any parliamentary constituency
  • Candidate’s age should be 30 years
  • One-third of the members are elected by local bodies, one- third by legislative assembly, one- twelfth by university graduates of at least 3 years standing, similar proportion by teachers of atleast of 3 yrs standing & one- sixth nominated by the Governor from among those persons who distinguish themselves in literature, science or social service.
  • The Council elects a chairman and vice- chairman among its members.

Important notes for Vidhan sabha (Legislative assembly):

  • It is also known as Lower House, just like Lok sabha
  • It consists of not more than 525 members and not less than 60 members. The strength varies according to the population of the State concerned. However, the Legislative assembly of sikkim has only 32 members.
  • Same as legislative Council but the age is 25 years.
Powers of state Legislature
  • Can legislate on subjects contained in the state list as well as concurrent list.
  • Exercise control over state expenses
  • Exercisee conttrol over state council of ministers (can even remove it by passing the no confidence motion)
  • Participates in the election of President
  • Has a share in the amendment of Constitution as some provisions can be amended after ratification by the legislatures of half of the states.

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