STATE LEGISLATURE

Now we have 28 States and 8 Union Territories in India. Earlier we had 29 States (29th State was Telangana, established on 2nd June, 2014, by bifurcating Andhra Pradesh into two States— (i) Andhra Pradesh and (ii) Telangana). On 31st October, 2019. The J & K State was divided into two Union Territories (i) Union Territory of J & K and, (ii) Union territory of Ladakh

Area wise Rajasthan is the largest state followed by Madhya Pradesh, Maharashtra and Uttar Pradesh. Population wise Uttar Pradesh is the biggest state followed by Maharashtra, Bihar and West Bengal

We have federal form of government and each state has its own government. Article 168 of our constitution states— Every state shall have a State Legislature. State legislature consist of Governor + Vidhan Sabha + Vidhan Parisad. In our country 22 states have unicameral state legislatures and 6 states have bicameral state legislatures i.e. have two houses— Vidhan Sabha and Vidhan Parisad. These 6 states are: Andhra Pradesh, Bihar, Uttar Pradesh, Karnataka, Telangana and Maharashtra.

Earlier the State of Jammu and Kasmir too had Vidhan Parishad but Vidhan Parisad of J & K state was abolished on 16th October, 2019 and on 31st October, 2019 the J & K State was divided into two Union Territories (i) Union Territory of J & K and, (ii) Union territory of Ladakh.

In April, 2012 Legislative Assembly of Rajasthan passed a resolution to established Vidhan Parisad in the state.

In Andhra Pradesh Legislative Assembly passed a resolution in January, 2020 to abolish Vidhan Parisad from the State Legislature.

On 6th July 2021, the legislative assembly of West Bengal passed a resolution to set up Vidhan Parishad ( Legislative Council ) in the state.

Parliament has the power to establish or abolish Vidhan Parisad in State (Article 169).

State Government have 3 organs (i.e. Legislature, Executive and Judiciary) The work of State Legislature is to make laws for the state. State Executive, implement laws made by State Legislature, and Judicial organ (High Court) decides whether the law made by State Legislature is constitutional or not and can scrap any unconstitutional law made by State Legislature.

State goverment

1. Legislature → to make laws → State Legislature → Vidhan Sabha(Legislative Assembly) + Vidhan Parisad (Legislative Council)

2. Executive → To implement laws → Governor → Chief Minister → State Council of Ministers

3. Judiciary → To decides laws → High Court

STATE LEGISLATURE

State Legislature consists of Governor + Vidhan Sabha + Vidhan Parishad

Every state shall have a state legislature Article 168.

State Legislature

1. Lower House Vidhan Sabha (Legislative Assembly) Minimum age 25 years MLA Directly Elected Tenure of Vidhan Sabha 5 years but not fixed → Tenure of a member is 5 years but not fixed → Speaker → Deputy Speaker

2. Upper House Vidhan Parisad (Legislative Council) Minimum age 30 years MLC → Indirectly elected Permanent House (can’t be dissolved) → Tenure of a member is 6 years and is fixed → Chairperson → Vice-Chairperson

The maximum size of Vidhan Sabha cannot be more than 500 and less than 60. The strength of Vidhan Sabha of Uttar Pradesh is 403 (maximum) and of Sikkim is 32 (minimum). Andhra Pradesh (175), Arunachal Pradesh (60), Assam (126), Bihar (243), Himachal Pradesh (68), Mizoram (40), Goa (40) etc. (Vidhan Sabha’s of Sikkim, Goa, Mizoram, have strength of 32, 40 and 40 respectively as exceptions because of their low population otherwise constitutionaly, the minimum strength of a Vidhan Sabha can’t be less than 60)

The three Union Territories - Delhi (70 members), Puducherry (30 + 3 = 33 members) and J & K (114 + 2 = 116) are having provision of their Legislative Assemblies. The rest of five UTs have no provision of Legislative Assemblies.

The maximum strength of Vidhan Parisad cannot exceed more than 1/3rd of the strength of Vidhan Sabha and cannot be less than 40. The strength of Vidhan Parisad of Six states is as follows: Andhra Pradesh (58), Bihar (75), Uttar Pradesh (100), Karnataka (75), Telangana (40), Maharashtra (78).

Members of Legislative Assembly (MLA) are directly elected by system of FPTP (first-past the-post) whereas Member of Legislative Councils (MLC) are elected in-directly by the system of proportional representation system by single transferable vote system

Tenure of Vidhan Sabha is 5 years but not fixed. Vidhan Sabha can be dissolved by Governor before completion of its tenure. Vidhan Parisad is permanent house and cannot be dissolved.

Tenure of a member of Vidhan Sabha is 5 years but not fixed. The membership of all MLAs gets abolished after dissolution of Vidhan Sabha by the Governor. Tenue of a member of Vidhan Parisad is 6 years and its fixed. Vidhan Sabha members are directly elected by public whereas Vidhan Parisad members are indirectly elected. (1/3rd by elected members of Vidhan Sabha, 1/3rd by local bodies of the state, 1/6th nominated by the state Governor, 1/12th by state teachers and 1/12th by state’s Graduate voters)

Speaker is head of Vidhan Sabha and Vidhan Parisad is chaired by its Chairperson. The election of Vidhan Sabha are generally held after 5 years but elections of Vidhan Parisad are conducted after every two years to elect its 1/3rd members who have completed their 6 years tenure.