State Legislature

Subject: Polity | Unit: State Government | Topic: State Legislature Exam: AP Group 2 (APPSC) Prerequisites: Parliament, Governor

Introduction

State Legislatures are the law-making bodies at the state level, mirroring Parliament's structure. States may have either a unicameral (one House) or bicameral (two Houses) legislature. As an APPSC aspirant, this topic is directly relevant because AP has a bicameral legislature — one of only six states with both a Legislative Assembly and a Legislative Council.

Historical Context / Constitutional Background

Part VI of the Constitution (Articles 168-212) deals with State Legislatures. The framers allowed states the choice between unicameral and bicameral systems. Article 169 permits Parliament to create or abolish a Legislative Council if the State Assembly passes a resolution by special majority. AP's own Legislative Council has been abolished (1985) and restored (2007), making this a living constitutional issue.

Core Content

Structure (Article 168)

• State Legislature consists of Governor and one or two Houses
• Bicameral (two Houses): Legislative Assembly (Vidhan Sabha) + Legislative Council (Vidhan Parishad)
• Unicameral (one House): Legislative Assembly only
• Currently 6 states are bicameral: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh
• Article 169: Parliament may create or abolish a Council if the Assembly passes a resolution by special majority (majority of total membership + 2/3 present and voting)

Legislative Assembly (Vidhan Sabha)

• Article 170: Members directly elected from territorial constituencies
• Maximum: 500; Minimum: 60 (exceptions for smaller states)
• Term: 5 years; can be dissolved earlier by Governor (Art 172)
• Can be extended during national emergency (1 year at a time)
• Quorum: 1/10 of total membership or 10 members, whichever is greater (Art 189)
• Minimum age: 25 years (Article 173)

Legislative Council (Vidhan Parishad)

• Article 171: Maximum 1/3 of total Assembly members; minimum 40
• Members from 5 categories:
  • 1/3 by MLAs (elected by Assembly members)
  • 1/3 by local body members (municipalities, district boards)
  • 1/12 by graduates of 3+ years standing
  • 1/12 by teachers of 3+ years standing
  • 1/6 nominated by Governor (literature, science, art, cooperative movement, social service)
• Permanent body — NOT subject to dissolution
• Members serve 6-year terms; 1/3 retire every 2 years
• Minimum age: 30 years
• Council is the weaker house — analogous to Rajya Sabha

Officers

Speaker and Deputy Speaker (Assembly)

• Article 178: Elected from among Assembly members
• Speaker does not vote in first instance; has casting vote in tie
• Removal (Art 179): Resolution by majority of all then members with 14 days' notice
• Speaker decides anti-defection cases under Tenth Schedule

Chairman and Deputy Chairman (Council)

• Article 182: Elected from among Council members
• Removal: same process as Speaker

Legislative Procedure

• Council cannot reject or amend — it can only delay
• If Assembly re-passes Bill (with or without amendments), Governor must assent (except reserved bills)

Financial Powers

• Article 202: Governor causes Annual Financial Statement (Budget) to be laid before Legislature
• Article 203: Demands for Grants — Assembly alone votes
• Article 207: Money Bills require Governor's recommendation

Sessions

• Article 174: Governor summons Legislature; gap not more than 6 months
• Minimum 2 sessions per year
• Governor can prorogue House or dissolve Assembly (Council cannot be dissolved)

Key Articles Table

Andhra Pradesh Connection

• AP Legislature is bicameral: Assembly (175 members) + Council (58 members)
• AP Legislative Council abolished in 1985 (TDP government) and restored in 2007 (Congress government)
• In 2020, AP Assembly passed resolution to abolish Council again — ruling party faced opposition majority blocking bills; Parliamentary action pending
• Council composition: MLAs 1/3, local bodies 1/3, graduates 1/12, teachers 1/12, Governor nominees 1/6
• AP is one of the most notable examples of Council abolition-restoration in constitutional history

Key Points Summary

1. State Legislature = Governor + one or two Houses (Art 168)
2. 6 bicameral states: AP, Bihar, Karnataka, Maharashtra, Telangana, UP
3. Assembly: directly elected, max 500, min 60; term 5 years
4. Council: max 1/3 of Assembly, min 40; permanent body; 6-year terms
5. Assembly age: 25 years; Council age: 30 years
6. Council members: MLAs (1/3), local bodies (1/3), graduates (1/12), teachers (1/12), Governor nominees (1/6)
7. Council can only delay ordinary bills by 4 months (3+1)
8. Money Bills: Assembly only; Council gets 14 days
9. Art 169: Parliament can create/abolish Council on Assembly's special majority resolution
10. Speaker removed by majority of ALL then members (14 days' notice)
11. Governor's assent: assent, withhold, return, or reserve for President (Art 200)
12. Quorum: 1/10 of total membership or 10 members (whichever greater)
13. Minimum 2 sessions per year; max 6-month gap
14. Assembly can be dissolved; Council is permanent
15. AP Council abolished (1985), restored (2007), abolition proposed again (2020)

Exam Strategy

Key Terms Glossary