Indian Polity & Constitution15 Concepts & Facts

State Legislature: Vidhan Sabha & Vidhan Parishad GK Questions & Answers

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The constitutional genesis of the State Legislature is systematically outlined in Part VI of the Constitution, spanning Article 168 to Article 212. The institutional framework permits states to adopt either a unicameral or a bicameral legislative structure, a flexible architecture whose statutory origins trace back to the Government of India Act, 1935. Currently, only six states operate a bicameral system consisting of the Legislative Assembly and the Legislative Council. The constitutional design accommodates regional administrative requirements by allowing states to determine the necessity of an upper house, ensuring that the legislative machinery can reflect specific socio-political complexities while maintaining the fundamental supremacy of the directly elected Legislative Assembly.

The operational mechanics governing the creation or abolition of a Legislative Council are dictated by Article 169. This procedural stage requires the Legislative Assembly to pass a resolution by a special majority, subsequently requiring parliamentary approval via a simple majority. The committee composition and membership of the Vidhan Parishad are highly stratified: one-third elected by local bodies, one-third by MLAs, one-twelfth by university graduates, one-twelfth by teachers, and one-sixth nominated by the Governor from fields of literature, science, art, and social service. The statutory powers of the Legislative Council are significantly constrained compared to the Rajya Sabha; it cannot reject or decisively amend ordinary bills, possessing only a suspensory veto limited to a maximum of four months.

In practical implementation, the utility of the Legislative Council has been subjects of extensive debate, often criticized as a mechanism to accommodate defeated politicians rather than functioning as a rigorous revising chamber. The Supreme Court has maintained that the ultimate legislative competence rests with the Vidhan Sabha, affirming the structural subordination of the Vidhan Parishad in legislative conflict resolution.For candidates preparing for Union Public Service Commission Civil Services Examination, Staff Selection Commission Combined Graduate Level, and State Public Service Commission examinations, comprehensive knowledge regarding the constitutional interpretation, procedural deployment, and statutory parameters of this specific domain constitutes an absolute prerequisite for successfully navigating preliminary objective assessments and constructing structurally sound descriptive answers in the main examinations.

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Article 168 establishes that the State Legislature consists of the Governor and the Legislative Assembly, plus the Legislative Council in bicameral states.

Currently, only six Indian states have a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

Under Article 169, Parliament has the authority to abolish or create a Legislative Council if the State Assembly passes a resolution by a special majority.

The resolution under Article 169 requires a majority of the total assembly membership and a two-thirds majority of members present and voting.

Article 170 mandates that a Legislative Assembly (Vidhan Sabha) shall consist of not more than 500 and not fewer than 60 directly elected members.

Constitutional exceptions allow assemblies with fewer than 60 members in Sikkim (32), Goa (40), Mizoram (40), and Puducherry (30).

Under Article 171, the total strength of a Legislative Council (Vidhan Parishad) cannot exceed one-third of the total members in the Legislative Assembly.

The minimum constitutionally mandated strength for a Legislative Council under Article 171(1) is fixed at 40 members.

One-third of Vidhan Parishad members are elected by local bodies, one-third by MLAs, one-twelfth by graduates, and one-twelfth by teachers.

#10

The Governor nominates one-sixth of Vidhan Parishad members from persons with practical experience in literature, science, art, cooperative movement, and social service.

#11

Under Article 172, the normal tenure of a Vidhan Sabha is five years, while the Vidhan Parishad is a continuing body with one-third retiring every second year.

#12

Article 173 prescribes the minimum qualifying age as 25 years for the Legislative Assembly and 30 years for the Legislative Council.

#13

Unlike the Union Parliament under Article 108, the Indian Constitution provides no mechanism for a joint sitting to resolve legislative deadlocks in states.

#14

A Legislative Council can delay an ordinary bill passed by the Assembly for a maximum of four months across two successive passages.

#15

Under Article 198, Money Bills cannot originate in the Legislative Council, and the Council must return Money Bills within 14 days without rejection powers.

Subject Specialist Commentary

Analytical perspective & practical exam advice from the Master10 academic board

Educator's Insight

Under Part VI of the Indian Constitution, state legislatures make laws and hold state governments accountable. Every state has a Legislative Assembly (Vidhan Sabha), but only six states currently maintain an upper house called the Legislative Council (Vidhan Parishad). Unlike Parliament, the Council has much weaker legislative powers. For instance, the Council cannot reject Money Bills and can only delay an ordinary bill for up to four months across two rounds of voting.

A classic UPSC trap is assuming state legislatures have a joint sitting mechanism like Parliament under Article 108; state lawmaking provides no joint sitting at all. For SSC questions, memorize the six bicameral states using the mnemonic 'KUMBAT' (Karnataka, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, Telangana). Also remember that creating or abolishing a Council requires a special majority in the state assembly under Article 169, followed by a simple majority in Parliament.

State Legislature: Vidhan Sabha & Vidhan Parishad GK Questions & Answers

Key Concepts & Self-Assessment15 Key Facts

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