For every state, there is a legislature which consists of Governor and one House or, two
Houses as the case may be. In Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka,
Maharashtra, Telangana 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 (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 amongst persons who are not its members, one-third by electorates
consisting of members of municipalities, district boards and other local authorities in the state,
one-twelfth by electorate consisting of persons who have been, for at least three years, engaged
in teaching in educational institutions within the state not lower in standard than secondary
school and a further one-twelfth by registered graduates of more than three years standing.
Remaining members are nominated by the Governor from among those who have distinguished
themselves in literature, science, art, cooperative movement and social service. Legislative
Councils are not subject to dissolution but one-third of their members retire every second year.
Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less
than 60 members (Legislative Assembly of Sikkim has 32 members vide Article 371 F of the
Constitution) chosen by direct election from territorial constituencies in the state. Demarcation of
territorial constituencies is to be done in such a manner that the ratio between population of each
constituency and number of seats allotted to it, as far as practicable, is the same throughout the
state. Term of an Assembly is five years unless it is dissolved earlier.
Powers and Functions
State legislature has exclusive powers over subjects enumerated in List II of the Seventh
Schedule of the Constitution and concurrent powers over those enumerated in List III. Financial
powers of legislature include authorization of all expenditure, taxation and borrowing by the
state government. Legislative Assembly alone has power to originate money bills. Legislative
Council can make only recommendations in respect of changes it considers necessary within a
period of 14 days of the receipt of money bills from Assembly. The Assembly can accept or
reject these recommendations.
Reservation of Bills
The Governor of a state may reserve any bill for the consideration of the President. Bills
relating to subjects like compulsory acquisition of property, measures affecting powers and
position of High Courts and imposition of taxes on storage, distribution and sale of water or
electricity in inter-state river or river valley development projects should necessarily be so
reserved. No bills seeking to impose restrictions on inter-state trade can be introduced in a State