2 minConstitutional Provision
Constitutional Provision

State Legislature / Legislative Process (in states)

State Legislature / Legislative Process (in states) क्या है?

The State Legislature is the law-making body at the state level in India, consisting of the Governor and, in some states, two Houses (Legislative Assembly and Legislative Council), or just the Legislative Assembly in most states. Its primary function is to enact laws on subjects listed in the State List and Concurrent List of the Seventh Schedule.

ऐतिहासिक पृष्ठभूमि

The concept of state legislatures evolved from the provincial legislative councils under British rule. Post-independence, the Indian Constitution established a parliamentary system at the state level, mirroring the Union Parliament, with provisions for both unicameral and bicameral legislatures.

मुख्य प्रावधान

7 points
  • 1.

    Composition: Article 168 states that every state shall have a Legislature consisting of the Governor and the Legislative Assembly; some states also have a Legislative Council.

  • 2.

    Legislative Assembly (Vidhan Sabha): Members are directly elected by the people for a term of five years (Article 170). Its strength varies from 60 to 500 members.

  • 3.

    Legislative Council (Vidhan Parishad): An optional upper house, its creation/abolition is by a resolution passed by the Assembly with a special majority and then by an Act of Parliament (Article 169). Its strength is limited to one-third of the Assembly's strength (Article 171).

  • 4.

    Sessions: The Governor summons, prorogues, and dissolves the Assembly (Article 174). There cannot be a gap of more than six months between two sessions.

  • 5.

    Legislative Procedure: Bills (ordinary, money, financial) pass through various stages (introduction, discussion, voting) in the Houses before receiving the Governor's assent (Articles 196-201).

  • 6.

    Money Bills: Can only be introduced in the Legislative Assembly and require the Governor's prior recommendation (Article 198). The Council has limited powers over money bills.

  • 7.

    Governor's Role: The Governor is an integral part of the state legislature, assenting to bills, promulgating ordinances (Article 213), and addressing the Houses.

दृश्य सामग्री

Legislative Process for an Ordinary Bill in a State Legislature (Unicameral)

This flowchart outlines the typical stages an ordinary bill undergoes to become a law in a state with a unicameral legislature (Legislative Assembly).

  1. 1.Introduction of Bill (Legislative Assembly)
  2. 2.First Reading (Introduction & Publication in Gazette)
  3. 3.Second Reading (General Discussion, Committee Stage, Clause-by-Clause Consideration)
  4. 4.Third Reading (Voting on the Bill as a whole)
  5. 5.Governor's Assent (Can assent, withhold, or return for reconsideration)
  6. 6.Bill Becomes an Act (Published in Official Gazette)

Legislative Assembly vs. Legislative Council: Powers and Composition

This table compares the key features, powers, and composition of the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in states with bicameral legislatures.

AspectLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
NatureLower House / Popular HouseUpper House / House of Elders
CompositionDirectly elected members (60-500)Indirectly elected/nominated members (Max 1/3 of Assembly, Min 40)
Term5 years (can be dissolved)Permanent body (1/3 members retire every 2 years)
Money BillsCan only be introduced here; Council has limited delaying power (14 days)Cannot be introduced; can only delay for 14 days
Ordinary BillsPrimary law-making body; Council can delay for max 4 monthsCan introduce (except Money Bills); can delay for max 4 months
Confidence MotionCan pass/defeat confidence motion against Council of MinistersCannot pass confidence motion
Creation/AbolitionExists in all statesOptional; created/abolished by Parliament on Assembly's resolution (special majority)

हालिया विकास

5 विकास

Increasing instances of special sessions being called to address specific issues or pass crucial legislation.

Debates over the powers of the Governor, especially regarding assent to bills and summoning/proroguing sessions.

Challenges related to legislative productivity, quality of debates, and the role of the opposition.

Use of ordinances by Governors, sometimes leading to friction with elected governments.

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

स्रोत विषय

Punjab to Hold Special Session on MGNREGA Revamp Amidst Funding Concerns

Polity & Governance

UPSC महत्व

Essential for UPSC GS Paper 2 (Polity, Governance, Structure, Organization and Functioning of the Executive and the Judiciary). Questions often cover the powers of the Governor, legislative procedures, and the composition/role of state legislatures in both Prelims and Mains.

Legislative Process for an Ordinary Bill in a State Legislature (Unicameral)

This flowchart outlines the typical stages an ordinary bill undergoes to become a law in a state with a unicameral legislature (Legislative Assembly).

Introduction of Bill (Legislative Assembly)
1

First Reading (Introduction & Publication in Gazette)

2

Second Reading (General Discussion, Committee Stage, Clause-by-Clause Consideration)

3

Third Reading (Voting on the Bill as a whole)

Governor's Assent (Can assent, withhold, or return for reconsideration)

Bill Becomes an Act (Published in Official Gazette)

Legislative Assembly vs. Legislative Council: Powers and Composition

This table compares the key features, powers, and composition of the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) in states with bicameral legislatures.

AspectLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
NatureLower House / Popular HouseUpper House / House of Elders
CompositionDirectly elected members (60-500)Indirectly elected/nominated members (Max 1/3 of Assembly, Min 40)
Term5 years (can be dissolved)Permanent body (1/3 members retire every 2 years)
Money BillsCan only be introduced here; Council has limited delaying power (14 days)Cannot be introduced; can only delay for 14 days
Ordinary BillsPrimary law-making body; Council can delay for max 4 monthsCan introduce (except Money Bills); can delay for max 4 months
Confidence MotionCan pass/defeat confidence motion against Council of MinistersCannot pass confidence motion
Creation/AbolitionExists in all statesOptional; created/abolished by Parliament on Assembly's resolution (special majority)

💡 Highlighted: Row 4 is particularly important for exam preparation