State legislature: Legislative Assembly and Legislative Council
Most states have one house, the elected Vidhan Sabha. A few also have the Vidhan Parishad, a permanent upper house whose members serve six years.
One house or two
The Governor is an integral part of the legislature in both kinds. Parliament can create or abolish a state's Legislative Council when that state's Assembly asks for it by a special majority (Article 169), so the list of two-house states changes over time. Your NIOS lesson names Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh. Jammu and Kashmir became a union territory in 2019, and its council, which the lesson gives as 36 members, was abolished. The lesson also leaves out Andhra Pradesh and Telangana, which have councils too. Bihar, Karnataka, Maharashtra and Uttar Pradesh are safe examples to write.
Legislative Assembly (Vidhan Sabha)
- It is the real legislature, even in states that have two houses.
- Members, called MLAs, are directly elected by the people through universal adult franchise. Every citizen aged 18 or above may vote, whatever his or her caste, religion, race, sex or place of birth.
- It has not more than 500 and not less than 60 members. Very small states such as Goa, Sikkim and Mizoram have fewer.
- Seats are reserved for Scheduled Castes and Scheduled Tribes.
- An MLA must be a citizen, at least 25 years old and on the voters' list. He or she must not hold an office of profit or be a government servant.
- Its term is five years. The Governor may dissolve it earlier on the Chief Minister's advice, and it may be suspended or dissolved under President's Rule. During a national emergency, Parliament can extend its term by up to one year at a time.
Composition of the Legislative Council
| Share of members | Chosen by |
|---|---|
| One-third | Elected by members of local bodies such as municipalities and district boards |
| One-third | Elected by the members of the Legislative Assembly |
| One-twelfth | Elected by graduates of the state of at least three years' standing |
| One-twelfth | Elected by teachers with at least three years' teaching in the state, in institutions not below secondary school level |
| One-sixth | Nominated by the Governor |
Worked case: the size and seats of a Legislative Council
A state has a Legislative Assembly of 240 members and a Legislative Council of 72 members. Is the Council within the limit? How are its 72 seats shared?
- Largest Council allowed = one-third of the Assembly = 240 ÷ 3 = 80. The smallest allowed is 40.
- 72 lies between 40 and 80, so the Council is within the limit.
- Local bodies elect one-third: 72 ÷ 3 = 24.
- MLAs elect one-third: 72 ÷ 3 = 24.
- Graduates elect one-twelfth: 72 ÷ 12 = 6. Teachers also elect one-twelfth: 6.
- The Governor nominates one-sixth: 72 ÷ 6 = 12.
- Check: 24 + 24 + 6 + 6 + 12 = 72.
Yes, 72 is within the limits of 40 and 80. The seats are 24 (local bodies), 24 (MLAs), 6 (graduates), 6 (teachers) and 12 (nominated by the Governor).
The two houses compared
| Feature | Legislative Assembly | Legislative Council |
|---|---|---|
| How chosen | Directly elected by the voters | Partly elected indirectly, partly nominated |
| Size | 60 to 500 members | At least 40, at most one-third of the Assembly |
| Minimum age | 25 years | 30 years |
| Term | Five years; can be dissolved | Permanent house, never dissolved; members serve six years, one-third retire every two years |
| Presiding officers | Speaker and Deputy Speaker, elected by members | Chairman and Deputy Chairman, elected by members; the Governor does not chair it |
| Sessions | At least twice a year; gap of not more than six months | At least twice a year; gap of not more than six months |
Your MLA is the person you elect to the Vidhan Sabha from your area. State laws on matters like police, land and state taxes are debated there. In two-house states, teachers and graduates also vote for some Vidhan Parishad seats.
1 marks: “What is the minimum age for becoming a member of a state Legislative Council?” 30 years.
2 marks: “What is a bicameral legislature? Name any two states that have one.” A legislature with two houses: the Legislative Assembly and the Legislative Council. Examples: Bihar, Karnataka, Maharashtra, Uttar Pradesh (any two).
3 marks: “How are the members of a state Legislative Council chosen? Give the share of each group.” At least 40 members and at most one-third of the Assembly. One-third elected by local bodies, one-third by MLAs, one-twelfth by graduates of three years' standing, one-twelfth by teachers of three years' experience, one-sixth nominated by the Governor. Permanent house; members serve six years, one-third retire every two years.
Council shares 3-3-12-12-6: thirds for local bodies and MLAs, twelfths for graduates and teachers, a sixth for the Governor.