Legislature of States


 
 
Concept Explanation
 

Legislature of States

State Legislature

  • In the Sixth part of the Constitution, the formation, tenure, procedures and powers of the State Legislature are mentioned from Articles 168 to 212.
  • Article 168 - There will be a Legislature for each State which will be made up of the Governor and one or two Houses of the Legislature (Assembly and Legislative Council).
  • The Legislative Council States have the following three parts of the legislature
  • (i) Governor

    (ii) Legislative Assembly which is called the First or the Lower or Popular house.

    (iii) Legislative Council which is called Second or Upper House.

  • At present, there are two houses in only seven states - Uttar Pradesh, Jammu Kashmir, Karnataka, Maharashtra, Bihar, Andhra Pradesh and Telangana.
  • The Union Territories which have legislatures are Delhi and Puducherry (Pondicherry).
  • According to Article 170, the maximum number of members of the State Legislative Assembly will be 500 and minimum 60.
  • Maximum members are 403 in Uttar Pradesh, 40 in Arunachal Pradesh, 32 in Sikkim, 40 in Goa.
  •  According to the 84th Constitutional Amendment Act (August 2001), there will be no tampering of the seats in the legislatures till 2026, that is, there will be no need to reorganize the constituencies of the State assemblies.
  • For every state, there is a legislature, which consists of Governor and one House or, two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly. In the remaining states, there is only one House known as legislative assembly. Parliament may, by law, provide for abolition of an existing  legislative council or for creation of one where it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.

    Legislative Council:

    Legislative Counsel (Vidhan Parishad) of a state comprises not more than one-third of total number of members in legislative assembly of the state and in no case less than 40 members (Legislative Council of  Jammu and Kashmir has 36 members vide Section 50 of the Constitution of Jammu and Kashmir). About one third of members of the council are elected by members of legislative assembly from among persons who are not its members, one-third by electorates consisting cf members of municipalities,

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    Sample Questions
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    Question : 1

    Which of the following are correct :

    (a) Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than 60 members.

    (b) At present, there are two houses in only six states - Uttar Pradesh, Karnataka, Maharashtra, Bihar, Andhra Pradesh and Telangana.

    Right Option : C
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    Explanation
    Question : 2

    In ___________________ of the Indian Constitution , there will be a Legislature for each State which will be made up of the Governor and one or two Houses of the Legislature.

    Right Option : C
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    Explanation
    Question : 3

    Which of the following are correct :

    (a) For every state, there is a legislature, which consists of Governor and one House or, two Houses as the case may be.

    (b) In Bihar, Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly.

    (c) Legislative Council of a state comprises not more than one-third of total number of members in legislative assembly of the state.

    Right Option : D
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    Explanation
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