State Legislature

There is no uniformity in the creation of State Legislature. Most of the states have unicameral system, only seven states Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Utar Pradesh, and Telangana are having bicameral system.

Legislative Assembly [Article 170]:- The Legislative Assembly (Vidhan Sabha) consist of not more than 500 members and not less than 60 members. However the Legislative Assembly of Sikkim, Goa, Mizoram, Arunachal Pradesh, Nagaland and Puducherry have less than 60 members.

Legislative Council [Article 171]:- As per Article 169, if the Legislative Assembly passes a resolution for abolition or creating of the Legislative Council by a majority of the total membership of the assembly and by a majority of not less than 2/3rd if the members present and voting, the Parliament may approve the resolution by a simple majority to create or abolish the Legislative Council.

Composition of Legislative Council:- Of the total member of members of a Legislative Council shall consist:

• 1/3rd elected from local bodies

• 1/2th elected by graduates in the states.

• 1/2th elected by teachers of 3 year standing in the state, not lower in standard than secondary school.

• 1/3rd elected by the members of the Legislative Assembly of the state amongst a person who is not a member of the assembly.

• 1/6th are nominated by the Governor from persons of special knowledge, science, art, cooperative movement, and social service.

• 5/6th of the total number of members of the Legislative Council are indirectly elected.

Qualification of members:- Under Article 17, they must fulfill the conditions:

• he must be a citizen of india.

• he must make and subscribe before the person authorized by the Election Commission an oath or affirmation according to the form prescribed in the 3rd Schedule.

• he must be not less than 30 years of age in the case of the Legislative Council and not less than the age of 25 years in the case of the Legislative Assembly.

• he must possess other qualifications prescribed by Parliament, under the Representation of People Act 1951.

Duration of the two House:- Legislative Assembly same as Lok Sabha. And Legislative Council same as of Rajya Sabha.

Presiding Officer of the State Legislature:-

• Speaker/ Deputy Speaker in Legislative Assembly [Article 178].

• Chairman/Deputy Chairman in Legislative Council [Article 182].

Speaker of Legislative Assembly:- Speaker of Assembly is elected by the assembly itself from amongst its members. He can vacate his office earlier in any of the following cases:

• if he ceases to be a member of the assembly;

• if he resigns by writing to be Deputy Speaker; and

• if he is removed by a resolution passed by a majority of all the members of the assembly. Such a resolution can be moved only after providing 14 days of advance notice

Chairman of Legislative Council:- The Chairman is elected by the council itself from amongst its members. The Chairman vacates his office in any of the following cases:

• if he ceases to be a member if the counil.

• if he resigns by writing in his hand to the Deputy Chairman; and

• if he is removed by a resolution passed by a majority of all the members of the coucil.

Powers of the State Legislature:-

• it participates in the election of the President.

• it can remove the Council of Ministers by passing a no- confidence Motion.

• it controls the executive by the various financial committees. It ratified certain Constitutional Amendments, in which participation of half of the State Legislatures is required.