Composition Of State Legislature

As per Article 168, State Legislature consists of the Governor, the Legislative Assembly and Legislative Council if it exists in the particular state. Only Andhra Pradesh, Bihar, Maharastra, Karnatka,  Telangana and Uttar Pradesh have Legislative Councils.

Is Legislative Council relevant ?

The Supporters of the Legislative Council say that it prevents hasty legislation, provides adequate representation to different groups. The opposers argue that second chamber is undemocratic and unnecessary drain on the resources of the country.

What is composition of Legislative Assembly ?

As per Article 170, the maximum capacity of the Legislative Assembly will be 500 and minimum capacity 60. Members of Legislative Assembly are directly elected from territorial constituencies. Territorial constituencies are within a state are divided in such manner that ratio of population of each constituency and number of seats are same, as far as practical, for all constituencies.

Constitution has provided population to mean the last published census for delimitation purposes.  But vide various amendments, the total number of seats have been freezed on the basis of 1971 census till 2026 and division of state in territorial constituencies have been freezed on the basis of 2001 census till 2026.

What is composition of Legislative Councils ?

Legislative Council of a State can not have more than 1/3 members of Legislative Assembly or less than 40 members. The Legislative Council consists of following members:

• 1/3 members are elected by electorates consisting of members of municipalities, district board and such other local authorities as Parliament by law may specify
• 1/12 members are elected by electorates consisting of such persons who are three years graduates or equivalent of graduation of any university in India
• 1/12 members are elected by persons who have been teachers in educational institution not lower in standard than secondary school for at least three years
• 1/3 are elected by members of Legislative Assembly of State on the basis of proportional representation by single transferrable vote
• the remainder are elected by Governor who have special knowledge and practical experience in literature, science, art, co-operative movement and social service.

What is duration of State Legislature ?

Article 172 provides for duration of Legislative Assembly.

The Legislative Assembly continues for 5 years and expiration of five years operates as dissolution of the Legislative Assembly.  During proclamation of emergency, duration of Legislative Assembly can be increased by one year at a time. The extension cannot extend for more than six months after proclamation has ceased to exist.

The Legislative Council is not subject to dissolution. One third of members retires on expiration of every second year.

What are qualifications of membership of a State Legislature ?

Article 173 provides for qualification for membership of State Legislature. A person has to fulfill following conditions for becoming member of a State Legislature:

• Such person is a citizen of India and sub
• Such Person has completed 25 years of age for seat of Legislative Council or 21 years of age for a seat of Legislative Assembly.
• Possess such other qualification as may be prescribed by parliament by any law

How sessions of State Legislature are conducted ?

Article 174 provides for summoning and prorogation of state legislature.

The Governor has to summon each house of Legislature in such manner that more than six months intervene between its last sitting and first sitting in the next session. The Governor has also power to prorogue either of house and dissolve Legislative Assembly.

Under Article 175, the Governor has power to address the Legislative Assembly or Legislative Council or both houses assembled together. The Governor may also send messages to the houses regarding any pending bill or otherwise. The House will all convenient speed has to consider such message sent by the Governor.

Article 176 provides for special address by the Governor.The Governor addresses Legislative Assembly or in case of state having a Legislative Council   both houses assembled together at the commencement of first session after each general election and first session of each year.

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