Composition of State Legislature in India

The Indian Constitution establishes a robust federal structure, dividing powers and functions between the Centre and the States. At the core of state governance is the State Legislature, which is entrusted with the law-making process at the state level. 

Understanding the composition of the State Legislature is essential for anyone studying Indian polity, as it plays a crucial role in ensuring democracy, representation, and governance at the grassroot level. 

This article provides a detailed analysis of the composition of State Legislatures in India, highlighting their constitutional basis, types, components, and the practical significance of their design.

Constitutional Framework: Articles 168 to 177

The composition and functions of the State Legislature are governed by Chapter III (Articles 168 to 177) of the Constitution of India, 1950. The State Legislature may be unicameral or bicameral depending on the state, with every state having its own legislature. This framework ensures that law-making powers are decentralised, promoting regional representation and local self-governance.

Types of State Legislatures: Unicameral and Bicameral

Unicameral Legislature

A unicameral legislature comprises only one house:

• The Governor (the constitutional head)
• The Legislative Assembly (Vidhan Sabha)

Most states in India, as well as some union territories (such as Delhi and Puducherry), have a unicameral legislature. This model simplifies the law-making process and is more common in states with a smaller population.

Bicameral Legislature

A bicameral legislature comprises two houses:

• The Governor
• The Legislative Assembly (Vidhan Sabha)
• The Legislative Council (Vidhan Parishad)

Bicameral legislatures are present only in select states, namely Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana. The existence of a Legislative Council is optional and subject to the will of the respective State Assembly and Parliament as provided under Article 169.

The Governor: The Constitutional Head

The Governor is a key component of every State Legislature, whether unicameral or bicameral. The Governor’s primary roles include:

• Summoning and proroguing the sessions of the legislature
• Dissolving the Legislative Assembly when needed
• Giving assent to bills passed by the legislature

Though the Governor generally acts on the advice of the Chief Minister and the Council of Ministers, certain discretionary powers are also provided by the Constitution.

Legislative Assembly (Vidhan Sabha): The Popular House

Composition and Strength

The Legislative Assembly, also known as the Vidhan Sabha, is the lower house and the main legislative body at the state level.

• Membership: As per Article 170, the minimum strength of a Legislative Assembly is 60 and the maximum is 500. However, Parliament can allow exceptions. States like Goa, Mizoram, and Sikkim have fewer than 60 members.
• Election: Members are directly elected by the people through universal adult franchise from single-member territorial constituencies.
• Delimitation: After each census, the division of the state into constituencies and the allocation of seats is readjusted to ensure equal representation. This is done as per the Delimitation Act passed by Parliament.
• Representation of Minorities: If the Governor believes that the Anglo-Indian community is not adequately represented, they may nominate one member from this community to the Assembly.

Qualifications of Members

To be eligible to become a Member of Legislative Assembly (MLA), a person must:

• Be a citizen of India
• Be at least 25 years of age
• Fulfil any other conditions as prescribed by Parliament
• Be an elector for any Assembly constituency in the State

Tenure

• The normal tenure is five years from the first sitting.
• The Assembly can be dissolved earlier by the Governor on the advice of the Chief Minister.
• During a national emergency, Parliament may extend the term by one year at a time, but not beyond six months after the emergency ends.

Presiding Officers

• The Assembly elects a Speaker and a Deputy Speaker from among its members.
• The Speaker presides over the proceedings, maintains discipline, and certifies money bills.
• The Deputy Speaker acts in the Speaker’s absence.

Legislative Council (Vidhan Parishad): The Upper House

The Legislative Council is the upper house in states with a bicameral legislature. Its creation or abolition is governed by Article 169.

Composition and Strength

• The Council’s strength cannot exceed one-third of the Assembly’s strength and must not be less than 40 members.
• The composition is unique and designed to represent diverse interests:
  • 1/3 elected by local bodies like municipalities and district boards
  • 1/12 elected by graduates with at least three years’ standing
  • 1/12 elected by teachers with at least three years’ experience in educational institutions not below the secondary level
  • 1/3 elected by MLAs (from among persons who are not MLAs)
  • The remaining members are nominated by the Governor from among those with expertise in fields like literature, science, art, and social service

Qualifications of Members

• Must be an Indian citizen
• At least 30 years of age
• Should meet other requirements prescribed by Parliament
• Must be an elector for a Council constituency in the State

Tenure

• The Council is a permanent body; it cannot be dissolved.
• One-third of its members retire every two years, with each member serving a six-year term.
• Members can be re-elected or re-nominated after their term ends.

Presiding Officers

• The Council elects a Chairman and a Deputy Chairman from among its members.
• These officers preside over the Council’s meetings and maintain order during proceedings.

Sessions and Procedures

Number of Sessions

• The State Legislature must meet at least twice a year, and the gap between two sessions should not exceed six months.
• The Governor has the power to summon, prorogue, and dissolve the Assembly.

Legislative Process

• Ordinary Bills: Can be introduced in either house (in bicameral states).
• Money Bills: Can only be introduced in the Assembly, not in the Council. The Speaker’s certificate is final.
• The Council has only advisory powers in money matters and can delay money bills for a maximum of 14 days.

Qualifications, Disqualifications, and Privileges

Disqualifications

A person is disqualified from being a member if:

• They hold an office of profit under the government (unless exempted by law)
• They are of unsound mind, undischarged insolvent, or have voluntarily acquired foreign citizenship
• They are convicted of certain criminal offences or found guilty of electoral malpractices

Privileges

Members of the State Legislature enjoy certain privileges, such as:

• Immunity from legal proceedings for actions done or words spoken in the course of legislative business
• Freedom from arrest in civil cases during the session and 40 days before and after it

Conclusion

The composition of the State Legislature in India is carefully designed to provide representation, ensure accountability, and maintain checks and balances at the state level. Whether unicameral or bicameral, the structure reflects the diversity and complexity of Indian democracy. While the Legislative Assembly is the primary law-making and controlling body, the Legislative Council, where present, provides additional scrutiny and expertise.