State Legislature in India: Composition, Membership and Constitutional Provisions

Introduction

The State Legislature is the law-making body of a State under the Indian Constitution. Articles 168 to 174 deal with its structure, composition, duration, membership qualifications and sessions. A State may have a unicameral legislature (one House) or a bicameral legislature (two Houses), depending on its constitutional arrangement.

Meaning and Definition of the State Legislature

The State Legislature makes laws on matters within the legislative powers of the State, subject to the Constitution. Under Article 168, the Legislature of a State consists of the Governor and either one or two Houses.

The two possible Houses are:

• Legislative Assembly (Vidhan Sabha): The House whose members are directly elected by the people.
• Legislative Council (Vidhan Parishad): The second House, which exists only in certain States and has members chosen through different methods, including indirect elections and nomination.

The Governor is a constitutional part of the State Legislature and performs functions such as summoning the Houses and giving assent to Bills, as provided by the Constitution.

Types of State Legislature

Unicameral Legislature

A unicameral legislature has only one House, the Legislative Assembly.

Most Indian States have a unicameral legislature. The Assembly's members are directly elected by eligible voters from territorial constituencies (defined geographical areas).

Bicameral Legislature

A bicameral legislature has two Houses:

• Legislative Assembly (Vidhan Sabha)
• Legislative Council (Vidhan Parishad)

As of October 2026, the States with Legislative Councils are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

The Legislative Assembly is the directly elected House. The Legislative Council is the second House and generally reviews legislation and provides an additional forum for discussion. Its powers are not equal to those of the Assembly, particularly in relation to Money Bills.

Article 168: Constitution of State Legislatures

Article 168 provides that every State shall have a Legislature consisting of the Governor and:

• Two Houses, where the State has a bicameral legislature.
• One House, known as the Legislative Assembly, where the State has a unicameral legislature.

In a State with two Houses, they are called the Legislative Council and the Legislative Assembly.

The Constitution therefore allows different legislative structures among States.

Article 169: Creation or Abolition of a Legislative Council

Article 169 empowers Parliament to create a Legislative Council in a State that does not have one or abolish an existing Legislative Council.

The process involves the following steps:

• The State Legislative Assembly must pass a resolution proposing the creation or abolition of the Council.
• The resolution must be supported by a majority of the Assembly's total membership.
• It must also be supported by a majority of at least two-thirds of the members present and voting.
• Parliament may then pass a law to create or abolish the Council.

The Assembly's resolution is a necessary step, but it does not itself create or abolish the Council. Parliament must pass the required law.

A law made under Article 169 may include changes to the relevant constitutional provisions and related arrangements needed to give effect to the change. However, Article 169(3) provides that such a law is not treated as a constitutional amendment under Article 368.

This makes it possible to change a State's legislative structure without following the special constitutional amendment procedure under Article 368.

Article 170: Composition of the Legislative Assembly

Number of members

Article 170 provides that a State Legislative Assembly shall ordinarily have:

• Not more than 500 members.
• Not fewer than 60 members.

The Constitution permits exceptions for certain States under specific provisions or laws. Therefore, the minimum of 60 members is not universal.

Direct election

Members of the Legislative Assembly are directly elected by voters from territorial constituencies within the State.

Each constituency elects a representative. The Constitution seeks, as far as practicable, to maintain a similar ratio between the population of each constituency and the number of seats allotted to it throughout the State.

This principle aims to support fair representation of the population.

Readjustment of seats and constituencies

Article 170 provides for readjustment of the total number of seats and the division of a State into territorial constituencies following a census, subject to the constitutional restrictions in force.

Parliament determines the legal framework for this process. Delimitation means redrawing constituency boundaries or adjusting representation according to the applicable rules.

The purpose is to maintain fair representation, while respecting constitutional provisions that restrict when changes to seat allocation and constituency boundaries may take effect.

Article 171: Composition of the Legislative Council

Article 171 governs the composition of the Legislative Council in States that have one.

Total number of members

The Legislative Council must satisfy two limits:

• Its total membership must not exceed one-third of the total membership of the State Legislative Assembly.
• Its total membership must not be fewer than 40 members.

These limits are prescribed by the Constitution.

Different categories of members

Article 171 provides for the following broad distribution of members:

• Local authorities: As nearly as possible, one-third are elected by electorates consisting of members of municipalities, district boards and other local authorities specified by law.
• Graduates: As nearly as possible, one-twelfth are elected by eligible graduates who satisfy the constitutional and legal requirements.
• Teachers: As nearly as possible, one-twelfth are elected by eligible teachers who satisfy the prescribed requirements.
• Members of the Legislative Assembly: As nearly as possible, one-third are elected by the members of the Legislative Assembly from among persons who are not Assembly members.
• Governor's nominees: The remaining members are nominated by the Governor.

The elections for the specified categories follow proportional representation by means of the single transferable vote, as provided by Article 171.

Members nominated by the Governor

The Governor nominates members with special knowledge or practical experience in areas such as:

• Literature
• Science
• Art
• The cooperative movement
• Social service

The purpose is to include people with relevant knowledge and experience in the State's legislative discussions.

Purpose of the Legislative Council

The Legislative Council provides an additional forum for reviewing Bills and discussing public issues. It can reconsider legislation and suggest changes, but it cannot permanently block an ordinary Bill passed by the Legislative Assembly.

Its powers are more limited than those of the Assembly, particularly in financial matters.

Article 172: Duration of State Legislatures

Duration of the Legislative Assembly

The normal term of a Legislative Assembly is five years from the date appointed for its first meeting, unless it is dissolved earlier.

The Assembly may be dissolved before the end of its term under the applicable constitutional process.

During a Proclamation of Emergency, Parliament may extend the Assembly's term by law for a period not exceeding one year at a time. However, the extension cannot continue beyond six months after the Emergency ends.

Duration of the Legislative Council

The Legislative Council is a permanent House and is not subject to dissolution.

As nearly as possible, one-third of its members retire every two years, in accordance with the law.

This arrangement ensures continuity in the Council's work even when the Legislative Assembly is dissolved or reconstituted.

Article 173: Qualifications for Membership of the State Legislature

Article 173 prescribes the basic constitutional qualifications for becoming a member of a State Legislature.

A person must satisfy the following requirements:

• Citizenship: The person must be a citizen of India.
• Oath or affirmation: The person must make and subscribe to the prescribed oath or affirmation before an authorised person, in accordance with the Constitution.
• Minimum age: The person must be at least 25 years old to become a member of the Legislative Assembly and at least 30 years old to become a member of the Legislative Council.
• Other qualifications: The person must possess any additional qualifications prescribed by or under a law made by Parliament.

The oath or affirmation is prescribed in the Third Schedule to the Constitution. It includes a commitment to bear true faith and allegiance to the Constitution and uphold the sovereignty and integrity of India.

Additional requirements under election laws

The Representation of the People Act, 1951, and other applicable election laws prescribe further requirements for candidates and members.

For example, a candidate must satisfy the relevant electoral qualifications and must not be disqualified under the applicable law.

The oath or affirmation must be completed in accordance with the legal requirements and within the prescribed time. Failure to satisfy a mandatory qualification may result in rejection of the nomination paper.

Article 174: Sessions, Prorogation and Dissolution of the State Legislature

Article 174 governs the summoning of the State Legislature, the ending of its sessions and the dissolution of the Legislative Assembly.

Summoning of the Legislature

The Governor summons the House or Houses of the State Legislature to meet at the time and place determined through the constitutional process.

The Constitution requires that six months must not intervene between the last sitting of one session and the first sitting of the next session.

Therefore, the State Legislature must meet within every six-month interval.

Prorogation

Prorogation means formally ending a legislative session.

The Governor may prorogue either House or both Houses, subject to the Constitution and the applicable constitutional process.

Prorogation ends the session but does not dissolve the House. The Legislative Council continues as a permanent House, and the Legislative Assembly continues unless it is separately dissolved.

Dissolution

Dissolution means ending the existence of the Legislative Assembly as a constituted House.

Under Article 174, the Governor may dissolve the Legislative Assembly, subject to the constitutional framework governing the Governor's powers and the advice of the Council of Ministers.

The Legislative Council cannot be dissolved under Article 174 because it is a permanent House.

Distinction Between the Legislative Assembly and the Legislative Council

Practical Example

Suppose a State has a Legislative Assembly with 180 members and wants to create a Legislative Council.

The Assembly must first pass a resolution supporting the proposal. The resolution must receive the support of a majority of the Assembly's total membership and at least two-thirds of the members present and voting.

Once this resolution is passed, Parliament may enact a law to create the Legislative Council. The Assembly's resolution alone is not sufficient.

After the Council is created, it functions as a permanent House, with approximately one-third of its members retiring every two years.

Summary

• Article 168: Every State Legislature consists of the Governor and one or two Houses.
• Unicameral legislature: Has only a Legislative Assembly.
• Bicameral legislature: Has both a Legislative Assembly and a Legislative Council.
• Article 169: Parliament may create or abolish a Legislative Council after the State Legislative Assembly passes the required special-majority resolution.
• Article 170: Deals with the composition and territorial constituencies of the Legislative Assembly.
• Article 171: Deals with the composition of the Legislative Council, including elected and nominated members.
• Article 172: The Legislative Assembly normally has a five-year term; the Legislative Council is permanent.
• Article 173: The minimum age is 25 years for the Assembly and 30 years for the Council, along with other constitutional qualifications.
• Article 174: Deals with summoning, prorogation and dissolution of the State Legislature.
• The Legislative Assembly has greater powers than the Legislative Council, particularly over Money Bills.