State Legislature — Vidhan Sabha & Vidhan Parishad

Constitutional Basis

Part VI, Articles 168–212 of the Constitution deal with the legislatures of states. Article 168 establishes the legislature of every state consisting of the Governor and — depending on the state — either one or two houses.

• Unicameral legislature: Governor + Vidhan Sabha (Legislative Assembly) — most states
• Bicameral legislature: Governor + Vidhan Parishad (Legislative Council) + Vidhan Sabha — six states

The creation or abolition of a State Legislative Council is governed by Article 169, which requires:

1. The State's Vidhan Sabha to pass a resolution by a special majority (majority of total membership + two-thirds of members present and voting)
2. Parliament to enact a law (by simple majority — not a Constitutional Amendment under Article 368)

States with Legislative Council (Vidhan Parishad)

As of 2025, six states have a bicameral legislature with a Vidhan Parishad:

Note: Jammu & Kashmir had a Legislative Council before the reorganisation in 2019. The J&K Reorganisation Act, 2019 abolished the Legislative Council; the Legislative Assembly was retained — J&K UT continues to have a unicameral legislature.

Composition of the Vidhan Sabha (Legislative Assembly)

• Maximum strength: 500 members; minimum: 60 members (exception: Goa, Sikkim, Mizoram, Nagaland have fewer)
• Members are directly elected by the people through universal adult franchise from single-member territorial constituencies (First Past the Post system)
• Term: 5 years; may be dissolved earlier by the Governor
• The Governor may nominate one member from the Anglo-Indian community (this provision lapsed after the 104th Constitutional Amendment, 2019 — the amendment ended the reservation for Anglo-Indians in legislatures)
• Quorum: One-tenth of total membership

Composition of the Vidhan Parishad (Legislative Council)

• Maximum strength: One-third of the total membership of the Vidhan Sabha of the state
• Minimum strength: 40 members
• Permanent house: Cannot be dissolved; one-third of members retire every two years (like Rajya Sabha)
• Term of each member: 6 years

Mode of election of members:

Money Bills in State Legislatures

Article 198 governs the procedure for Money Bills in state legislatures — it mirrors the Lok Sabha procedure at the Centre.

• A Money Bill can be introduced only in the Vidhan Sabha, not the Vidhan Parishad
• After passage in the Vidhan Sabha, it is transmitted to the Vidhan Parishad
• The Vidhan Parishad can hold it for a maximum of 14 days — after which it is deemed passed in the form transmitted by the Vidhan Sabha
• The Vidhan Parishad cannot amend a Money Bill — only recommend amendments (which the Vidhan Sabha may or may not accept)
• Article 199 defines what constitutes a Money Bill for state legislatures (mirrors Article 110 for Parliament)

The Speaker of the Vidhan Sabha certifies whether a bill is a Money Bill. In bicameral states, the Vidhan Parishad is far weaker on financial legislation than on ordinary legislation.

Dissolution vs Prorogation in State Legislatures

The Governor's power to dissolve the Vidhan Sabha was examined in the landmark S.R. Bommai v. Union of India (1994) case, where the Supreme Court held that the majority of a government must be tested on the floor of the House — not outside it — before recommending dissolution.

Powers of the Speaker (Vidhan Sabha)

The Speaker of the Vidhan Sabha exercises virtually identical powers to the Lok Sabha Speaker:

• Presides over sessions; maintains order and decorum
• Final authority on certification of Money Bills
• Decides disqualification of members under the Tenth Schedule (anti-defection)
• Casts a casting vote in case of a tie
• Removes from the Chamber unruly members

The Speaker is elected by the Vidhan Sabha from among its members and continues in office even after dissolution, until the new House meets and elects a new Speaker.

Anti-Defection in State Legislatures

The Tenth Schedule (inserted by the 52nd Constitutional Amendment, 1985) applies equally to state legislatures. Key provisions:

• A member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected
• A member is disqualified if they vote or abstain contrary to their party's whip without prior permission and the party has not condoned the action within 15 days
• Merger exemption: At least two-thirds of the members of the legislative party must agree to the merger for it to be valid — a split of less than two-thirds leads to disqualification
• Deciding authority: The Speaker/Chairman of the respective House — but the Supreme Court in Kihoto Hollohan v. Zachillhu (1992) upheld the Schedule while clarifying that the Speaker's order is subject to judicial review, though courts should not intervene until a final decision is made

Legislative Procedure: Key Differences from Parliament

On ordinary bills in bicameral states: If the Vidhan Parishad rejects, amends, or holds a bill for more than 3 months, the Vidhan Sabha may pass it again. The bill does not require a joint sitting — after the Vidhan Sabha passes it a second time, it is deemed passed (unlike Parliament's joint sitting mechanism).

Recent Developments (2024–2026)

J&K Legislative Assembly Restored After Elections (September–October 2024)

Jammu and Kashmir — currently a Union Territory with a Legislature — held Assembly elections in September–October 2024 following the Supreme Court's December 2023 direction in the Article 370 case. The National Conference–Congress alliance won and formed the government. J&K's Legislative Assembly functions under a special legal framework distinct from a standard Vidhan Sabha: the Lieutenant Governor retains significant powers (transferred subjects including police and public order) beyond those of a typical Governor.

This is constitutionally relevant because J&K's assembly is the only state-level legislature in a UT (barring Delhi and Puducherry) and its powers are circumscribed differently from full state legislatures under Articles 168–212.

UPSC angle: Prelims — J&K elections September–October 2024; UT with Legislature; LG retains police/public order. Mains — compare the legislative powers of Vidhan Sabhas in States vs Assemblies in UTs; what constitutional framework governs J&K's Assembly after 2019?

Anti-Defection Cases — Maharashtra, Telangana, and Tenth Schedule (2022–2024)

The Maharashtra political crisis (2022–2023) involving Eknath Shinde splitting the Shiv Sena raised profound questions about the Tenth Schedule. The Supreme Court in Subhash Desai v. Governor of Maharashtra (2023, five-judge bench) held that the then-Governor should not have invited Shinde faction to prove majority without following due constitutional process, but did not restore the Thackeray government. The disqualification petitions against Shinde MLAs remained pending before the new Speaker, creating another example of Speaker delays in Tenth Schedule cases.

In Telangana (2024–2025), the Supreme Court criticised the Speaker for extended delays in deciding disqualification petitions (Padi Kaushik Reddy, 2025), reiterating that delayed decisions undermine the purpose of the anti-defection law in Vidhan Sabhas.

UPSC angle: Prelims — Subhash Desai v. Governor of Maharashtra (2023); Padi Kaushik Reddy (2025); Tenth Schedule; Speaker delays. Mains — critically examine deficiencies in the anti-defection law as they manifest in State Legislatures; should an independent tribunal replace the Speaker?

Women's Reservation — One-Third of Vidhan Sabha Seats (When Implemented)

The Constitution (106th Amendment) Act, 2023 reserves one-third of seats in Vidhan Sabhas (and the Delhi Assembly) for women once the next census is conducted and delimitation is completed. As of 2026, the condition for activation has not yet been met, but the Delimitation Commission's future work will determine constituency reservation.

This is a structural change to the composition of State Legislatures that will require significant adjustment in how political parties field candidates and how reservations within SC/ST seats are allocated.

UPSC angle: Prelims — 106th Amendment, 2023; one-third reservation in Vidhan Sabhas; Article 332A; census and delimitation required. Mains — examine the procedural and political challenges in implementing women's reservation in State Assemblies; which states currently have the highest/lowest women representation?

PYQ Relevance

State legislatures appear frequently in both Prelims and Mains. Questions have been asked on: Article 169 procedure, differences between Rajya Sabha and Vidhan Parishad election methods, Money Bill procedure, anti-defection and Speaker's role, and dissolution of Vidhan Sabha vis-à-vis S.R. Bommai.

Exam Strategy

Critical distinctions:

• Vidhan Parishad — 1/3 elected by MLAs, 1/6 nominated by Governor (not 1/3 nominated — a common error)
• No joint sitting in states — Vidhan Sabha's second passing of the bill resolves deadlocks
• 104th Amendment, 2019 — ended Anglo-Indian nomination to Vidhan Sabhas
• 6 states with Vidhan Parishad as of 2025 — UP, Maharashtra, Karnataka, Bihar, AP, Telangana

Mnemonic for 6 states: "Uttar Pradesh, Maharashtra, Karnataka, Bihar, Andhra Pradesh, Telangana" — UMKBAT.

Cross-link: For current affairs on floor tests, anti-defection cases, and state politics, follow Ujiyari.com.