Polity · X-Factor Notes
The State Legislature revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Position | The State Legislature is covered in Part VI, Articles 168 to 212 of the Constitution of India. | |
| Composition (Art 168) | The state legislature consists of the Governor Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad) where it exists. | |
| States with Bicameral Legislature | Only 6 states currently have Legislative Councils: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. | |
| States without Legislative Council | Madhya Pradesh does not have a bicameral legislature. Rajasthan and Tamil Nadu also do not have a Legislative Council. | U.P. Lower Sub. (Pre) 2008, U.P. Lower Sub. (Mains) 2013 |
| Term Extension during Emergency (Art 172(1)) | The duration of a State Legislative Assembly can be extended by Parliament during a Proclamation of Emergency, for a period not exceeding one year at a time. This extension cannot continue beyond six months after the Proclamation ceases to operate. | |
| Sessions, Prorogation, and Dissolution (Art 174) | The Governor has the power of summoning, proroguing, and dissolving the State Assembly. The Governor prorogues the Vidhan Sabha. | |
| Elections | The Election Commission of India conducts the elections for the State Legislative Assemblies (Art 324). | UPPCS (Mains) 2008 |
| Reservation of Seats | Seats for Scheduled Castes and Scheduled Tribes are reserved in the Legislative Assembly in proportion to their population (Art 332). | |
| Disqualification of Members (Art 191) | If a question arises regarding a member's disqualification, the decision rests with the Governor after obtaining the opinion of the Election Commission. | UPPCS (Mains) 2008 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Composition (Art 170) | Members are chosen by direct election on the basis of Universal Adult Suffrage. | |
| Strength (Art 170) | Maximum members shall not be more than 500, nor less than 60 members. | U.P. R.O./A.R.O. (Pre) 2017, UPPCS (Mains) 2014 |
| Exception to Minimum Strength |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Creation/ Abolition (Art 169) | Parliament has the power for the abolition or creation of the Legislative Council. | U.P. Lower Sub. (Mains) 2015, UPPCS(Pre) 2013, UPPCS (Mains) 2007 |
| Procedure for Creation/ Abolition | Requires the Legislative Assembly to pass a resolution by a majority of the total membership and a majority of not less than two-thirds of members present and voting. Parliament then passes a law. | |
| Obligation on Union |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Introduction of Money Bill (State) (Art 198) | Money Bills can be proposed/introduced only in the Legislative Assembly (Vidhan Sabha). | |
| Legislative Council Powers (Money Bill) | The Legislative Council must return the Money Bill, with or without recommendations, to the Assembly within 14 days. The Assembly may accept or reject the recommendations. | |
| Governor's Assent to Bills (Art 200) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Altering State Name/Boundary | Power to alter the name or diminish the area of a state is vested in the Parliament, not the State Legislature. | UPPSC Pre-2024 |
| Legislative Council Abolition | The Legislative Council can be abolished by Parliament following a resolution by the State Legislative Assembly (Art 169). |
| Sikkim is an exception, having only 32 members. Puducherry has the smallest Assembly in UTs (33 members). |
| UPPCS (Mains) 2015 |
| Largest Assembly | Uttar Pradesh has the largest Legislative Assembly with 403 members. | U.P. U.D.A./L.D.A. (Pre) 2006, UPPSC Pre-2022 |
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| Qualification for Membership (Art 173) | Must be a citizen of India and not less than 25 years of age. |
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| Speaker's Role | The Speaker exercises a casting vote in case of equality of votes. The Speaker establishes contact between the house and the Governor. |
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| Anglo-Indian Representation (Art 333) | Provision existed for the Governor to nominate one member of the Anglo-Indian community if inadequately represented, but this arrangement has ended since January 25, 2020, following the 104th Amendment Act, 2019. |
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| The resolution for abolition (Art 169) does not impose an obligation on the Union Government to take action for initiating legislation in Parliament. |
| Status | It is a permanent house and cannot be dissolved, but it can be abolished. | UPPCS (Mains) 2007 |
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| Maximum Strength (Art 171(1)) | Shall not be more than one-third () of the total strength of the Legislative Assembly. | UPPSC Pre-2023 |
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| Minimum Strength (Art 171(1)) | Must have at least 40 members. | UPPSC Pre-2023 |
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| Tenure and Retirement | The tenure of its members is 6 years. One-third of its members retire at the end of every second year. | UPPCS (Pre) 2014 |
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| Qualification | A person must not be less than 30 years of age. | U.P. U.D.A./L.D.A. (Pre) 2006 |
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| Nomination/Election Composition | Elected by proportional representation by single transferable vote. Approximately 5/6 members are elected, and the remaining members are nominated by the Governor. |
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| Election of Chairman/Deputy Chairman | They are chosen by the Legislative Council from amongst its members (Art 182). |
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| When a bill is passed by the State Legislature and sent to the Governor, he can grant assent, withhold assent, or return the bill (if not a money bill) for reconsideration. |
| Reservation for President (Art 201) | The Governor can reserve a Bill for the consideration of the President (Art 200, 201). The President then decides whether to assent or withhold assent. | U.P. Lower Sub. (Pre) 2004 |
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| Governor's Discretion | The Governor acts independently from the advice of the Legislative Assembly when reserving a bill for the President's consideration or dissolving the State Legislature. | U.P.U.D.A./L.D.A. (Pre) 2002, UPPCS (Pre) 2003, UPPCS (Mains) 2004 |
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| Ordinance Power (Art 213) | The Governor can promulgate an ordinance when the State Legislature is not in session. | U.P. R.O./A.R.O. (Mains) 2016 |
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