State legislature in India
The state legislature in India consists of the Governor, the Legislative Assembly, and the Legislative Council (Some States).
Some states have a bicameral legislature. The Lower house is called Legislative Assembly and the upper house is called the Legislative council.
At present, Andhra Pradesh, Bihar, Maharashtra, Uttar Pradesh, Karnataka, Telangana, and Jammu & Kashmir have Legislative Councils.
The Legislative council may be created or abolished in a state if the Legislative assembly of that state passes a resolution to that effect by the special majority, and the Parliament, consequently, enacts the law to that effect.
The maximum strength of the Legislative council cannot exceed the 1/3 number of the strength of the legislative assembly and the minimum strength of the council shall not be less than 40 members.
The one-sixth members of the total members of the Legislative Council are nominated by the Governor and the rest 5/6 are indirectly elected.
Among the elected members, 1/3rd are elected by electorates consisting of local bodies like municipalities and District boards.
The 1/12th members of the council are elected by electorates consisting of graduates of three years standing.
Again, 12th members are elected by electorates consisting of persons who have been for at least three years engaged in teaching in educational institutions which are not lower than a secondary school.
The remaining 1/3rd members of the Legislative are elected by the members of the Legislative Assembly.
The members nominated by the governor are persons who have special knowledge or practical experience in the fields of literature, science, art, the cooperative movement, and social service.
The Legislative council is a permanent house and is not subject to dissolution.
The 1/3 members of the Legislative council retire after 2 years.
The term of the member of the Legislative council is 6 years.
State legislative assembly
The maximum strength of the legislative assembly cannot exceed 500 and the minimum strength cannot be lower than 60 members.
The governor may nominate one member belonging to the Anglo-India community in the Legislative Assembly if he is convinced that the Anglo India community is not adequately represented in the Assembly.
The term of the legislative assembly is 5 years.
The legislative assembly can be dissolved before the expiry of its five years term by the Governor.
when the proclamation of national emergency is in operation under Article 352, the term of the Assembly may be extended by parliament for one year at a time which should not extend in any case beyond a period of six months after the Proclamation has been withdrawn.
the legislative assembly elects its speaker and Dy. Speaker and the Legislative council elects its chairman and Dy.Chairman.
The question as to the qualification and disqualification of a member of the state legislature is decided by the governor with the consultation of the election commission.
the legislative council can withhold money bills for only 14 days and ordinary bills for only three months. It can withhold a bill after reconsideration by the Legislative Assembly for a period of one month.
If the Legislative council and the Legislative Assembly disagree on a bill, there is no provision for a joint sitting to resolve the disagreement. The desire of the Legislative Assembly prevails in such a situation.
If a bill is passed by the Legislative council and presented to the legislative assembly and it is not passed by the assembly, the will come to an end.
State Legislative Council or Vidhan Parishad
It is an establishment that is defined in Article 169.
FAQ
- Which state legislative assembly has the maximum strength?
- Uttar Pradesh has largest assembly and it has 404 members in its assembly.
2. What is the maximum strength prescribed for state legislative assemblies?
- The maximum strength prescribed for state legislative assembly is “It must not exceed 500 or its minimum strength should not fall below 60”.
2. Which state legislative assembly has minimum strength?
- However an exception may be granted via an Act of Parliament. In the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
- Goa is the smallest state whose legislative assembly with only 40 members.
4. Which state legislative assembly has two houses and How many legislative councils are there in India?
- As of December 2020, there 6 legislative councils are there in India. The states are Andra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
