The State Legislature (Article 168 - 212)

State Legislatures may be bicameral or unicameral. A state is said to be unicameral if it has only one house of parliament. In a state with a bicameral legislature, there are two houses, the lower house is called the Legislative Assembly or Vidhan Sabha and the upper house is called the Legislative Council or Vidhan Parishad. The Legislature of every State consists of the Governor and one or two houses. 

Legislative Council (Vidhan Parishad) - As per the constitution, the number of members of the Legislative Council is not to exceed one-third of the total strength of the State Assembly. However, its strength should not to be less than 40 either. The members of the Legislative Council are derived from various sections and stream of the society. 

a. Not less than 1/3 to be elected by the Panchayats, Municipalities, District Boards, etc.

b. Not less than one-third to be elected by the Legislative Assembly.

c. Not less than one-twelfth to be elected by the graduates of three years standing residing in the State.

d. Not less than one-twelfth to be elected by the persons having experience of three years in educational institutions.

e. The remainder one-sixth to be nominated by the Governor from among the distinguished persons of the society in the field of literature, science, arts, cooperative movement and social service.

Just like the Rajya Sabha at the Centre, the Legislative Council of a state is never dissolved. The members are elected for a term of 6 years and 1/3rd of its members retire every two years. 

Creation and Abolition of Legislative Council

The Parliament, under Article 169, is empowered to create or abolish the Legislative Council in a State. If the Legislative Council is to be created or abolished, the concerned State Legislative Assembly should pass a resolution to this effect by a majority of not less than 2/3rd of the members present and voting. After this, the Bill goes to the parliament for approval, which may or may not pass it. In Parliament, such a resolution is passed by a simple majority.

Legislative Assembly (Vidhan Sabha) - The Legislative Assembly is the popular House of the State egislature where members are directly elected by the people for a term of five years, unless the house is dissolved by the governor earlier. The strength of this popular house should not be less than 60 or more than 500. However, the president has the power to alter this number. The Governor may nominate one member from the Anglo-Indian community to this House, if he thinks that the community is not adequately represented.

Legislative Procedure

In an Unicameral Legislature, the procedure is very simple. Every bill originates in the Vidhan Sabha, duly passed by it and then sent to the Governor for his assent. However, in a Bicameral Legislature, the process is different. The Money Bill follows the similar procedure as in the Parliament. In matters related to ordinary bills, there is no provision of joint sitting. Similar to the Lok Sabha and Rajya Sabha the Legislative Assembly has a speaker and Deputy Speaker and the Legislative Council has a chairman and a Deputy Chairman. They are elected from among the members of the House.

The State Legislature (Article 168 - 212)

Article 168: Constitution of Legislatures in States

Article 169: Abolition or creation of Legislative Councils in States

Article 170: Composition of the Legislative Assemblies

Article 171: Composition of the Legislative Councils

Article 172: Duration of State Legislatures

Article 173: Qualification for membership of the State Legislature

Article 174: Sessions of the State Legislature, prorogation and dissolution

Article 175: Right of Governor to address and send messages to the House or Houses

Article 176: Special address by the Governor

Article 177: Rights of Ministers and Advocate-General as respects the Houses

Article 178: The Speaker and Deputy Speaker of the Legislative Assembly

Article 179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker

Article 180: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker

Article 181: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

Article 182: The Chairman and Deputy Chairman of the Legislative Council

Article 183: Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman

Article 184: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman

Article 185: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration

Article 186: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

Article 187: Secretariat of State Legislature

Article 188: Oath or affirmation by members

Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Article 190: Vacation of seats

Article 191: Disqualifications for membership

Article 192: Decision on questions as to disqualifications of members

Article 193: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

Article 194: Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof

Article 195: Salaries and allowances of members

Article 196: Provisions as to introduction and passing of Bills

Article 197: Restriction on powers of Legislative Council as to Bills other than Money Bills

Article 198: Special procedure in respect of Money Bills

Article 199: Definition of “Money Bills”

Article 200: Assent to Bills

Article 201: Bills reserved for consideration

Article 202: Annual financial statement

Article 203: Procedure in Legislature with respect to estimates

Article 204: Appropriation Bills

Article 205: Supplementary, additional or excess grants

Article 206: Votes on account, votes of credit and exceptional grants

Article 207: Special provisions as to financial Bills

Article 208: Rules of procedure

Article 209: Regulation by law of procedure in the Legislature of the State in relation to financial business

Article 210: Language to be used in the Legislature

Article 211: Restriction on discussion in the Legislature

Article 212: Courts not to inquire into proceedings of the Legislature

Legislative Power of the Governor

Article 213: Power of Governor to promulgate Ordinances during recess of Legislature