2 minConstitutional Provision
Constitutional Provision

State Legislature (Legislative and Executive Powers of State Government)

What is State Legislature (Legislative and Executive Powers of State Government)?

The State Legislature is the law-making body for a state in India, comprising the Governor and either one house (Legislative Assembly) or two houses (Legislative Assembly and Legislative Council). The State Government, formed by the political party/coalition with a majority in the Legislative Assembly, exercises executive powers.

Historical Background

The concept of state legislatures and governments evolved from the provincial legislatures under British rule, formalized by the Government of India Act 1935. Post-independence, the Constitution of India established a parliamentary system at the state level, mirroring the Union.

Key Points

9 points
  • 1.

    Article 168: Constitution of Legislatures in States (Governor + House(s)).

  • 2.

    Article 169: Abolition or creation of Legislative Councils.

  • 3.

    Article 170: Composition of the Legislative Assemblies (not more than 500 and not less than 60 members, directly elected).

  • 4.

    Article 171: Composition of the Legislative Councils (not more than 1/3rd of Assembly strength, indirectly elected/nominated).

  • 5.

    Legislative powers extend to subjects in the State List and Concurrent List (Article 246).

  • 6.

    Executive powers of the state government are vested in the Governor and exercised through the Council of Ministers headed by the Chief Minister (Article 163, 164).

  • 7.

    The Governor has powers to assent to bills, reserve bills for President's consideration, and promulgate ordinances (Article 200, 201, 213).

  • 8.

    Financial powers include passing the State Budget (Article 202) and imposing taxes.

  • 9.

    Control over the executive through questions, resolutions, and no-confidence motions.

Visual Insights

State Legislature: Structure, Powers & Key Articles

This mind map illustrates the fundamental components, functions, and constitutional provisions related to State Legislatures in India, crucial for understanding state governance.

State Legislature

  • Composition (Article 168)
  • Powers & Functions
  • Key Constitutional Articles
  • Recent Challenges/Debates

Legislative Assembly vs. Legislative Council: A Comparative Analysis

This table provides a concise comparison of the two houses of State Legislature, highlighting their key differences in composition, election, and powers, essential for understanding bicameralism at the state level.

FeatureLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
Composition (Art. 170/171)Not more than 500, not less than 60 members (directly elected from territorial constituencies).Not more than 1/3rd of Assembly strength, not less than 40 members (indirectly elected/nominated).
Election MethodDirectly elected by adult suffrage.Indirectly elected (1/3rd by local bodies, 1/3rd by Assembly members, 1/12th by graduates, 1/12th by teachers) and nominated (1/6th by Governor).
Term5 years (can be dissolved earlier).Permanent body, 1/3rd members retire every 2 years (members serve 6-year terms).
Money Bill PowersExclusive power to introduce and pass Money Bills. Can override Council's recommendations.Can only delay Money Bills for 14 days; no power to reject or amend.
Ordinary Bill PowersCan introduce and pass Ordinary Bills. Council can delay for max 4 months (3 months + 1 month).Can introduce Ordinary Bills (except Money Bills). Can delay Ordinary Bills.
Abolition/Creation (Art. 169)Cannot be abolished or created by a simple resolution.Can be abolished or created by Parliament if the State Assembly passes a resolution by special majority.
States having it (as of Dec 2025)All states.Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh (6 states).

Recent Developments

4 developments

Debates on the relevance and utility of Legislative Councils in states.

Increasing instances of Governor's role being questioned in legislative and executive matters, especially in states with opposition governments.

Challenges in Centre-State financial relations and resource allocation.

Focus on e-governance and digitization of legislative processes.

Source Topic

Haryana Bill Grants Government Sweeping Powers Over Private Universities

Polity & Governance

UPSC Relevance

Crucial for UPSC GS Paper 2 (Polity & Governance). Questions frequently appear in Prelims on constitutional provisions (Articles, composition, powers) and in Mains on the functioning, challenges, and role of state legislatures and governors in India's federal structure.

State Legislature: Structure, Powers & Key Articles

This mind map illustrates the fundamental components, functions, and constitutional provisions related to State Legislatures in India, crucial for understanding state governance.

State Legislature

Governor

Legislative Assembly (Vidhan Sabha)

Legislative Council (Vidhan Parishad)

Legislative (State & Concurrent List)

Executive (Control over CoM)

Financial (State Budget, Taxes)

Art. 168: Constitution of Legislatures

Art. 169: Abolition/Creation of LC

Art. 200: Governor's Assent to Bills

Governor's role in bill assent/ordinances

Relevance of Legislative Councils

Connections
GovernorArt. 200: Governor's Assent to Bills
Legislative (State & Concurrent List)Legislative Assembly (Vidhan Sabha)
Executive (Control over CoM)Governor's role in bill assent/ordinances
Legislative Council (Vidhan Parishad)Relevance of Legislative Councils

Legislative Assembly vs. Legislative Council: A Comparative Analysis

This table provides a concise comparison of the two houses of State Legislature, highlighting their key differences in composition, election, and powers, essential for understanding bicameralism at the state level.

FeatureLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
Composition (Art. 170/171)Not more than 500, not less than 60 members (directly elected from territorial constituencies).Not more than 1/3rd of Assembly strength, not less than 40 members (indirectly elected/nominated).
Election MethodDirectly elected by adult suffrage.Indirectly elected (1/3rd by local bodies, 1/3rd by Assembly members, 1/12th by graduates, 1/12th by teachers) and nominated (1/6th by Governor).
Term5 years (can be dissolved earlier).Permanent body, 1/3rd members retire every 2 years (members serve 6-year terms).
Money Bill PowersExclusive power to introduce and pass Money Bills. Can override Council's recommendations.Can only delay Money Bills for 14 days; no power to reject or amend.
Ordinary Bill PowersCan introduce and pass Ordinary Bills. Council can delay for max 4 months (3 months + 1 month).Can introduce Ordinary Bills (except Money Bills). Can delay Ordinary Bills.
Abolition/Creation (Art. 169)Cannot be abolished or created by a simple resolution.Can be abolished or created by Parliament if the State Assembly passes a resolution by special majority.
States having it (as of Dec 2025)All states.Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh (6 states).

💡 Highlighted: Row 0 is particularly important for exam preparation