Part VI- The State Legislature
Chapter III Of part VI discusses The State Legislature. The Constitution of India provides legislation in every state and assigns responsibility for making it a law for the state. However, the structure of a State Legislature may vary in different states. It can either be bicameral or unequal.
State Legislature is similar like Parliament in Center. It divides into two parts
1. State Legislative Council (Vidhan Parishad)
2. State Legislative Assembly (Vidhan Sabha)
1. State Legislative Council (Vidhan Parishad):
The State Legislative Council is the upper house in those states of India who have a bicameral legislature. There is a provision for the establishment of the Legislative Council in Article 169 of the Constitution of India. In 2018, 7 out of 29 states have a state legislative council. Members of the Legislative Councils (MLC) are elected by local bodies, state legislatures, governors, graduates and teachers. He is elected to the Legislative Council for 6 years. One-third of the members are retired every two years.
Functionalities of State Legislative Council (Vidhan Parishad) is similar to Rajya Sabha in central.
Selection of Members of State Legislative Council or Vidhan Parishad:
1. 1/3 of the members are elected by local bodies such as municipalities, village councils/village panchayats, panchayat committees and district councils.
2. One third are elected by members of Legislative Assemblies of the State from among the persons who are not members of the Assembly.
3. One-sixth are nominated by the governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service(similar like members nominated by President in central).
4. 1/12 are elected by persons who are graduates of three years’ standing residing in that state.
5. 1/12 are elected by persons engaged for at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
State in which bicameral legislature or Vidhan Parishad has existed:
1. Andhra Pradesh
2. Bihar
3. Jammu and Kashmir (36 seat MIN)
4. Karnataka
5. Maharashtra
6. Telangana
7. Uttar Pradesh(100 seats MAX)
A trick to Learn 7 state which has Legislative Council:
2. State Legislative Assembly (Vidhan Sabha):
Vidhan Sabha or State Assembly is a House of a State Legislature in the States and Union Territories of India. This is the only legislative house with a state legislature in 29 states and 2 union territories. In 7 states it is the lower house of their bicameral state assemblies, in which the Upper House is the Legislative Council or State Legislative Council. 5 Union Territories are directly ruled by the Central Government and they have no legislative body.
Members of Legislative Assembly (Vidhan Sabha):
- Members of an assembly are referred to as MLA(Members of Legislative Assemblies) and they are elected directly by the single-member constituencies for the terms of 5 years.
- According to the 23rd Amendment of the Constitution of India, the governor of a state in 14 states can appoint an Anglo-Indian legislator in the assembly of their respective states.
- In the Constitution of India it has been said that the number of seats in Vidhan Sabha should not be less than 60 and not more than 500 members,but an exception can be given through the Act of Parliament, as in Goa(40), Sikkim(32), Mizoram(40) and the union territory Puducherry(30) which have fewer than 60 members.
- Actual Strength depends upon the population of the state.
- State which has the lowest number of seats is Sikkim(32).
- Delhi(70) and, Puducherry(30) are the only union territory having state assemblies.
Important Article related to The State Legislature:
1. Article 168: Constitution of Legislatures in States.
2. Article 169: Abolition or creation of Legislative Councils in States.
3. Article 170: Composition of the Legislative Assemblies
4. Article 171: Composition of the Legislative Councils.
5. Article 172: Duration of State Legislatures.
6. Article 173: Qualification for membership of the State Legislature.
7. Article 174: Sessions of the State Legislature prorogation and dissolution.
8. Article 175: Right of Governor to address and send messages to the House or Houses.
9. Article 176: Special address by the Governor.
10 Article 177: Rights of Ministers and Advocate-General as respects the Houses.
Part VI- The State Legislature MCQ’s
1. In which of the following states there is no Legislative Council?
A. West Bengal
B. Telangana
C. Karnataka
D. Tamilnadu
[toggle] Answer – A[/toggle]
2. In which of the following states there is no Legislative Council?
A. West Bengal
B. Telangana
C. Karnataka
D. Tamilnadu
[toggle] Answer – A[/toggle]
3. What can be the maximum strength of members in the State Legislature?
A. 600
B. 500
C. 552
D. 450
[toggle] Answer – B [/toggle]
4. The total number of members in a Legislative Council should not exceed that of a Legislative Assembly by :
A. 1/3
B. 2/3
C. 1/2
D. 1/4
[toggle] Answer – A[/toggle]
5. Chief Minister of a State is responsible to:
A. Governor
B. Legislative Assembly
C. Prime Minister
D. Rajya Sabha
[toggle] Answer – A[/toggle]
6. What can be the minimum strength of members in the State Legislature(Vidhan Parishad)
A. 40
B. 50
C. 60
D. 30
[toggle] Answer – C[/toggle]
7. What is the minimum number of members in the State Legislative Council(Vidhan Sabha)?
A. 40
B. 50
C. 60
D. 30
[toggle] Answer – A[/toggle]
8. The Chief Minister of a State in India is not eligible to vote in the Presidential election if :
A. he himself is a candidate
B. he is yet to prove his majority on the floor of the Lower House of the State Legislature
C. he is a member of the Upper House of the State Legislature
D. he is a caretaker Chief Minister
[toggle] Answer – C[/toggle]
9. How many people of Anglo Indian community can be nominated by the Governor in the State Legislative Assembly?
A. 6
B. 12
C. 2
D. 1
[toggle] Answer – D[/toggle]
10. The maximum permissible period between two sessions of a State Legislative Assembly is :
A. a year
B. six months
C. three months
D. indefinite
[toggle] Answer – B [/toggle]