State legislatures in India are pivotal in the federal structure, responsible for law-making and governance at the state level. Their composition and functions are delineated in Part VI of the Indian Constitution, encompassing Articles 168 to 212.

COMPOSITION OF STATE LEGISLATURES

The composition of state legislatures varies between unicameral and bicameral systems:

• Unicameral Legislature: Comprises the Governor and a single legislative body, the Legislative Assembly (Vidhan Sabha). Most Indian states, such as Gujarat and Punjab, follow this model.

• Bicameral Legislature: Includes the Governor, Legislative Assembly (Vidhan Sabha), and Legislative Council (Vidhan Parishad). States like Bihar, Karnataka, and Uttar Pradesh have this structure.

LEGISLATIVE ASSEMBLY (VIDHAN SABHA)

• Composition: Members are directly elected from territorial constituencies. The Assembly’s size ranges from a minimum of 60 to a maximum of 500 members, though exceptions exist for smaller states like Sikkim and Goa.

• Tenure: The Assembly’s term is five years, unless dissolved earlier. During a national emergency, Parliament may extend this term by up to one year at a time.

LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

• Composition: A permanent body with staggered terms, ensuring one-third of members retire every two years. The Council’s size cannot exceed one-third of the Legislative Assembly’s membership and must have at least 40 members. Members are elected through various constituencies, including local authorities, graduates, teachers, and legislative assembly members, with some nominated by the Governor.

CREATION AND ABOLITION OF LEGISLATIVE COUNCILS

Article 169 empowers Parliament to create or abolish a state’s Legislative Council upon the Legislative Assembly’s resolution, passed by a special majority. This flexibility allows states to adapt their legislative structures based on administrative needs.

QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP

• Qualifications: A member must be an Indian citizen, a voter in the state, and at least 25 years old for the Legislative Assembly or 30 years for the Legislative Council.

• Disqualifications: Grounds include holding an office of profit, unsound mind, undischarged insolvency, or defection under the Tenth Schedule.

SESSIONS AND PROCEDURES

• Sessions: The Governor summons sessions of the state legislature, ensuring it meets at least twice a year, with no more than six months between sessions.

• Legislative Procedure: Bills can be introduced in either house (except Money Bills, which originate in the Legislative Assembly). A bill becomes law after passing both houses and receiving the Governor’s assent.

POWERS AND FUNCTIONS OF STATE LEGISLATURES

1. Legislative Functions:

   • State List: Exclusive authority to legislate on subjects like police, public health, and agriculture.

   • Concurrent List: Shared authority with Parliament on subjects like education and marriage. In case of conflict, central law prevails.

2. Financial Powers:

   • Money Bills: Can only originate in the Legislative Assembly. The Council can recommend amendments within 14 days, but the Assembly may accept or reject them.

   • Budget Approval: State legislatures approve the annual financial statement, sanctioning government expenditure and taxation.

3. Electoral Functions:

   • Rajya Sabha Elections: Legislative Assembly members elect representatives to the Rajya Sabha.

   • Presidential Elections: State legislators participate in electing the President of India.

4. Constitutional Amendments:

   • Certain amendments require ratification by at least half of the state legislatures, ensuring federal balance.

5. Judicial Functions:

   • Impeachment: State legislatures can initiate proceedings for the removal of judges of the High Court.

6. Other Functions:

   • Control over Executive: Through questions, debates, and motions, the legislature holds the executive accountable.

   • Privileges: Members enjoy certain privileges, including freedom of speech within the house and immunity from legal proceedings for actions within the legislature.

CASE LAWS AND JUDICIAL INTERPRETATIONS

• S.R. Bommai v. Union of India (1994): This landmark case clarified the use of Article 356 (President’s Rule) and emphasized the importance of floor tests in the Legislative Assembly to determine majority support, reinforcing the autonomy of state legislatures.

• Kihoto Hollohan v. Zachillhu (1992): The Supreme Court upheld the constitutional validity of the Tenth Schedule, which deals with anti-defection laws, ensuring stability in the political structure.