STATE LEGISLATURE

Polity

Articles 168 to 212 in Part VI

No uniformity in the organisation of state legislatures – mix pattern of Unicameralism and Bicameralism
States with bicameral Legislatures: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra, Uttar Pradesh

COMPOSITION OF LEGISLATIVE ASSEMBLY
• Directly elected by people (universal adult franchise)
• Strength: 60–500 (Parliament can alter)
• Some Sikkim & Nagaland seats: indirectly elected
• Governor may nominate 1 Anglo-Indian member
• SC/ST reservation based on population
• Equal population‑seat ratio across constituencies

COMPOSITION OF LEGISLATIVE COUNCIL
• Strength: Minimum 40; Maximum = 1/3rd of Assembly
• Parliament fixes actual strength
• Election pattern:
   – 1/3 elected by MLAs
   – 1/3 elected by local bodies
   – 1/12 elected by graduates (3 yrs standing)
   – 1/12 elected by teachers (3 yrs standing; min secondary level)
   – 1/6 nominated by Governor (literature, art, social service etc.)
• 5/6 indirectly elected + 1/6 nominated

DURATION
Legislative Assembly:
• Normal term: 5 years
• Can be dissolved earlier by Governor
• During Emergency: may extend by 1 year at a time (not beyond 6 months after Emergency ends)

Legislative Council:
• Permanent body; cannot be dissolved
• 1/3 retires every 2 years
• Term: 6 years; re‑election allowed

QUALIFICATIONS FOR MEMBERSHIP
Constitutional:
• Citizen of India
• Age: 25 yrs for Assembly, 30 yrs for Council
• Additional qualifications may be set by Parliament

Under RPA 1951:
• Must be elector of an Assembly constituency (for both Houses)
• Must belong to SC/ST for contesting a reserved seat
• For LC graduates/teachers seat: must meet specific eligibility

DISQUALIFICATIONS
Under Constitution:
• Holds office of profit
• Unsound mind
• Undischarged insolvent
• Not Indian citizen / allegiance to foreign state
• Disqualified by Parliamentary law

Under RPA 1951:
• Convicted & jailed ≥2 years → disqualified 6 years after release
• Corrupt practices, election offences
• Failure to file election expenses
• Interest in govt contracts
• Dismissed for corruption/disloyalty
• Convicted for promoting enmity, bribery
• Punishment for social crimes: dowry, sati, untouchability

Anti‑Defection (Tenth Schedule):
• Applies to both Houses
• Speaker/Chairman decides (subject to judicial review)

VACATION OF SEAT
• Cannot be member of both Houses simultaneously
• Seat vacates if disqualified, resigns, or election declared void
• Absence for 60 days without permission → seat vacated

OATH / AFFIRMATION
• Administered by Governor (Art.188)

PRESIDING OFFICERS — LEGISLATIVE ASSEMBLY

Speaker:
• Elected by Assembly
• Vacates if ceases membership, resigns, or removed by majority resolution (14 days’ notice)
• Powers:
   – Maintains order, discipline
   – Casting vote in case of tie
   – Decides Money Bill question (final)
   – Decides Anti‑Defection cases
   – Appoints committee chairpersons
   – Heads: Business Advisory Committee, Rules Committee, General Purpose Committee

Deputy Speaker:
• Elected after Speaker
• Acts as Speaker in his absence
• Same powers when presiding

PRESIDING OFFICERS — LEGISLATIVE COUNCIL

Chairman:
• Similar powers as Speaker (except deciding Money Bill)
• Elected by Council
• Maintains order, discipline

Deputy Chairman:
• Performs duties in absence of Chairman
• Same removal procedure (14 days notice)

LEGISLATIVE PROCEDURES 
• Ordinary Bills: can originate in either House
• Money Bills: only in Assembly; Speaker certifies
• Council can delay Money Bill by 14 days
• Council can delay Ordinary Bills max 4 months (3+1)
• On disagreements, Assembly prevails

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Subject: Polity

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