The State Legislature
Assembly, Council
& Articles 168–212
Just as the Centre has Parliament, every state has a State Legislature (Part VI, Articles 168–212). Most states are unicameral (only a Legislative Assembly); only 6 states are bicameral, with a Legislative Council too. This guide simplifies it with examples and the latest position.
Composition of the State Legislature — Article 168
Article 168 tells us what a State Legislature is made of. There are two possibilities:
- Unicameral state (one House): the Governor + the Legislative Assembly (Vidhan Sabha).
- Bicameral state (two Houses): the Governor + the Legislative Assembly + the Legislative Council (Vidhan Parishad).
Note that the Governor is part of the legislature (even though the Governor never sits in the House) — just as the President is part of Parliament.
Think of it as a mirror of the Centre: the President ↔ the Governor; the Lok Sabha ↔ the Legislative Assembly; the Rajya Sabha ↔ the Legislative Council. A bicameral state simply has both Houses; a unicameral state has only the Assembly.
Only 6 states currently have a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. Jammu & Kashmir's Council was abolished by the J&K Reorganisation Act, 2019. Odisha and Rajasthan have sought Councils, and in 2026, West Bengal is actively pushing to revive its Council (abolished back in 1969) — but Parliament has not yet enacted it.
Creating or Abolishing a Council — Article 169
This is a favourite exam Article. Parliament may, by law, create or abolish a Legislative Council for a state — but only after the state's Legislative Assembly passes a resolution by a special majority: a majority of the total membership of the Assembly and a majority of not less than two-thirds of members present and voting.
Think of it as a request-and-approval system. The state Assembly requests (by resolution), and Parliament decides (by ordinary law). The Assembly's resolution is not binding on Parliament — a neat balance of federalism: the state initiates, but the Union has the final say.
Two Key Inferences
- Parliament shall act only after the Legislative Assembly passes the resolution.
- That resolution is not binding on Parliament — it may still choose not to act.
A law made under Article 169 is not treated as a constitutional amendment under Article 368. After the law is passed, the President notifies the formation of the Council in the Gazette.
Second chambers in provinces were first set up by the Government of India Act, 1935 (UP, Bihar, Bombay, Madras, etc.). A famous quirk: the 7th Constitutional Amendment (1956) provided for a Legislative Council in Madhya Pradesh, but because the President never issued the notification, the MP Council was never actually formed — showing that the notification step is essential.
Legislative Council vs Rajya Sabha
Students often equate the two — but they are very different in weight and purpose.
| Basis | Rajya Sabha | Legislative Council |
|---|---|---|
| Status | Permanent feature of the Constitution | Optional — can be created/abolished under Article 169 |
| Represents | The States (federal chamber) | No clear, distinct constituency it represents |
| Power over bills | Largely co-equal for ordinary bills | Only a delaying power (max ~4 months) |
Arguments for a Council: it gives every bill a second, calmer look and brings in experts (teachers, graduates, professionals). Arguments against: it adds cost, can delay legislation, and — because members are indirectly elected or nominated — it can serve as a route for a person to enter the legislature and become or remain a minister without winning a direct election.
Composition of the Legislative Assembly — Article 170
- Maximum strength: 500 members.
- Minimum strength: 60 members.
- Exceptions (smaller states): Goa, Arunachal Pradesh, and Sikkim = 30; Mizoram = 40; Nagaland = 46.
- Members (MLAs) are directly elected for a 5-year term; the present strength of Assemblies is fixed as per the Representation of the People Act, 1950.
1. Anglo-Indian nomination ended: the Governor could earlier nominate one Anglo-Indian to the Assembly (Article 333), but this was discontinued by the 104th Constitutional Amendment (2020). 2. Delimitation freeze: the number of Assembly seats is frozen on the 1971 census until the first census after 2026 (84th Amendment); only the boundaries of constituencies were redrawn using the 2001 census (87th Amendment).
Composition of the Legislative Council — Article 171
The Council's size is capped: maximum = one-third of the Assembly's strength, and minimum = 40 members. Its make-up is a unique mix of indirect election and nomination.
| Share | Elected/Nominated By |
|---|---|
| 1/3 | Members of the Legislative Assembly (MLAs) |
| 1/3 | Local bodies (urban + rural) |
| 1/12 | Graduates (of at least 3 years' standing, residing in the state) |
| 1/12 | Teachers (secondary school and above, 3 years' standing) |
| 1/6 | Nominated by the Governor (Literature, Arts, Science, Social Service, Co-operative movement) |
So roughly 5/6th of members are indirectly elected and 1/6th are nominated by the Governor. Elections use proportional representation by single transferable vote, with voting by secret ballot.
Like the Rajya Sabha, the Council is permanent and never dissolved. Every two years, one-third of its members retire (term = 6 years, under Article 172 and the RPA, 1951). So it renews itself gradually, giving it continuity that the Assembly — which faces full elections — doesn't have.
Powers of the Council Over Bills — Article 197
Here's the crucial point: the Legislative Council is much weaker than the Assembly. It can delay a bill, but not block it — and there is no joint sitting for states (unlike Parliament).
Bill from Assembly → Council
When the Assembly passes a bill and sends it to the Council, the Council can pass it, amend it, reject it, or sit on it. If the Council rejects it, delays it beyond 3 months, or the Assembly doesn't accept its amendments, the Assembly can pass it again. The second time, if the Council rejects it or fails to pass it within 1 month, the bill is deemed passed. So the Council can delay a bill for a maximum of about 4 months.
Bill from Council → Assembly
If the Council originates a bill and sends it to the Assembly, the Assembly is under no time limit, and if the Assembly rejects it, the bill simply dies.
The Council is a speed bump, not a road block. It can slow a bill down by up to ~4 months to force a second look, but the directly-elected Assembly always gets its way in the end. Contrast this with the Rajya Sabha, which is broadly co-equal to the Lok Sabha for ordinary bills.
Other Important Provisions
Vacation of Seats — Article 190 (Double Membership)
- A person cannot be a member of both Houses of the same state legislature.
- A person cannot be a member of two different state legislatures. If elected to two, they must inform which seat they wish to keep within the time set by the President; if they don't, all seats fall vacant. (The period under the Prohibition of Simultaneous Membership Rules, 1950 is 14 days.)
Differences From Parliament (Quick List)
- Quorum: for a state, it is 10 members or one-tenth of the total strength of the House, whichever is greater.
- The Chairman of the Legislative Council is a member of the House (unlike the Rajya Sabha, chaired by the Vice-President who is not a member).
- Qualification: a candidate must be a registered elector within the state.
- Office of profit: a state legislature can, by its own law, exempt certain offices from the disqualification.
- Rules of procedure (Article 208): each House makes its own rules; the Governor, after consulting the Speaker and the Council's Chairman, makes rules for communication between the two Houses.
The one idea that unlocks this whole topic: the Legislative Council is a reviewing chamber with only delaying power, while the Assembly holds real authority. Once you see the Council as a "second look" — never a veto — every Article 197 twist becomes obvious. — Legacy IAS Faculty
Frequently Asked Questions (FAQs)
How many states have a Legislative Council?
Six — Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. All other states are unicameral (Assembly only).
Can a state create or abolish its Legislative Council on its own?
No. Under Article 169, the state Assembly passes a resolution by special majority, but only Parliament can actually create or abolish the Council by law — and the resolution is not binding on Parliament.
For how long can the Legislative Council delay a bill?
A maximum of about four months (three months the first time, plus one month on the second round). It cannot ultimately block a bill, and there is no joint sitting in states.
What is the maximum and minimum strength of a Legislative Assembly?
Maximum 500 and minimum 60, with exceptions for smaller states (Goa, Arunachal, Sikkim = 30; Mizoram = 40; Nagaland = 46).
What is the term of a Legislative Council member?
Six years, with one-third retiring every two years. Like the Rajya Sabha, the Council is a permanent House and is never dissolved.
UPSC Previous Year Question (PYQ)
Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.
Key Takeaways
- The State Legislature (Part VI, Articles 168–212) is the Governor + Assembly, plus a Council in bicameral states; only 6 states have a Council.
- Article 169: Parliament creates/abolishes a Council after the Assembly's special-majority resolution — which is not binding; it isn't an amendment under Article 368.
- Article 170: Assembly strength is 60–500 (with small-state exceptions); the Anglo-Indian nomination ended via the 104th Amendment (2020).
- Article 171: the Council is capped at 1/3 of the Assembly; ~5/6 members are indirectly elected (MLAs, local bodies, graduates, teachers) and 1/6 nominated by the Governor.
- Article 197: the Council can only delay a bill (~4 months), not block it; there is no joint sitting in states.
- The Council, like the Rajya Sabha, is permanent (6-year term, one-third retire every 2 years); Article 190 bars double membership.
Qualify Prelims? Start Mains Prep with Legacy IAS — Bangalore
Expert faculty, structured GS & Optional guidance, and Bangalore's most trusted UPSC coaching — all under one roof.
