State Legislature: Composition, Powers, Functions and Law-Making Process

Indian State Legislature: Composition, Powers, Functions and Law-Making Process

The State Legislature is an important pillar of the democratic system in India. It plays a vital role in making laws for the state, controlling the executive, and representing the will of the people. Just like the Union Parliament works at the national level, the State Legislature functions at the state level. Understanding the Indian State Legislature is essential for students of Political Science, competitive exams, and informed citizens.

The State Legislature is the law-making body of a state in India. It is responsible for enacting laws on subjects mentioned in the State List and Concurrent List of the Indian Constitution.

State Government Structure

State Government Structure

Diagram of the legislative branches in Indian state governments

Governor
Legislative Assembly
(Vidhan Sabha)
Lower house of the state legislature. Directly elected by the people.
Legislative Council
(Vidhan Parishad)
Upper house of the state legislature. Not all states have this council.

About the Structure

In Indian states with a bicameral legislature, the Governor is the constitutional head, while the Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad) form the two houses of the state legislature.

Legislative Assembly

Members are directly elected by the public for 5-year terms. This is the more powerful house, responsible for most law-making and financial matters.

Legislative Council

Members are elected by various groups (graduates, teachers, MLAs, etc.) or nominated by the Governor. It acts as a revising chamber with limited powers.

Not all states have a Legislative Council. Therefore, State Legislatures in India can be unicameral or bicameral.

Types of State Legislature in India

1. Unicameral Legislature

A unicameral legislature has only one house:

  • Legislative Assembly (Vidhan Sabha)

Most Indian states follow this system.

2. Bicameral Legislature

A bicameral legislature has two houses:

  • Legislative Assembly (Vidhan Sabha)

  • Legislative Council (Vidhan Parishad)

States like Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana have bicameral legislatures.

Indian State Legislature Types

Types of State Legislatures in India

Visual representation of unicameral and bicameral legislative structures in Indian states

Unicameral Legislature - Single House System
Bicameral Legislature - Two House System

1. Unicameral Legislature

A unicameral legislature has only one house. Most Indian states follow this system.

Governor
Legislative Assembly
(Vidhan Sabha)
The sole legislative body in unicameral states. Directly elected by the people.

Unicameral States (Examples)

Tamil Nadu
West Bengal
Gujarat
Rajasthan
Punjab
Odisha
Kerala
Madhya Pradesh
+ 20 more states

2. Bicameral Legislature

A bicameral legislature has two houses.

Governor
Legislative Assembly
(Vidhan Sabha)
Lower house, directly elected by the people.
Legislative Council
(Vidhan Parishad)
Upper house, members elected indirectly or nominated.

Bicameral States

Uttar Pradesh
Bihar
Maharashtra
Karnataka
Andhra Pradesh
Telangana

These 6 states currently have bicameral legislatures in India.

Comparison of Legislature Types

Feature Unicameral Legislature Bicameral Legislature
Number of Houses One house (Legislative Assembly) Two houses (Legislative Assembly + Legislative Council)
Prevalence in India Majority of states (28 out of 34 states/UTs with legislatures) Only 6 states
Decision Making Faster, as only one house needs to approve legislation Slower, requires approval from both houses
Check & Balance Limited internal checks within the legislature Built-in check between two houses
Composition Directly elected members only Mix of directly elected and indirectly elected/nominated members

Composition of State Legislature

1. Governor

The Governor is an integral part of the State Legislature.

  • Appointed by the President of India

  • Acts as the constitutional head of the state

  • Gives assent to bills passed by the legislature


2. Legislative Assembly (Vidhan Sabha)

The Legislative Assembly is the lower house and the most powerful organ of the State Legislature.

Key Features:

  • Members are directly elected by the people

  • Term: 5 years (can be dissolved earlier)

  • Minimum age of member: 25 years

  • Chief Minister is a member of this House.

Β 
Composition of Vidhan Sabha

Composition of Vidhan Sabha

How the Legislative Assembly is formed through democratic elections

People (Voters)
Eligible citizens of the state who are registered to vote. They exercise their democratic right to elect representatives through free and fair elections.
Election Process
Voters cast their votes to elect representatives from their constituencies. Elections are conducted by the Election Commission of India based on universal adult suffrage.
Elected Representatives (MLAs)
Members of Legislative Assembly (MLAs) who win elections from their respective constituencies. They represent the people's interests in the state legislature.
Legislative Assembly
(Vidhan Sabha)
Composition
Consists of directly elected representatives (MLAs) from territorial constituencies within the state. The size varies from state to state based on population.
Functions
Enacts laws on state subjects, controls state finances, oversees the executive, and represents the people's interests. It's the primary law-making body in the state.
Term
The normal term is 5 years, but it can be dissolved earlier. In emergency situations, the term can be extended by Parliament for one year at a time.

Key Features of MLA Elections

1
First-past-the-post system
2
One constituency = One MLA
3
Minimum age: 25 years
4
Reserved constituencies for SC/ST
Β 

3. Legislative Council (Vidhan Parishad)

The Legislative Council is the upper house in bicameral states.

Key Features:

  • Permanent house (not dissolved)

  • One-third members retire every two years

  • Minimum age of member: 30 years

Composition of Vidhan Parishad:

  • 1/3 elected by MLAs

  • 1/3 elected by local bodies

  • 1/12 elected by teachers

  • 1/12 elected by graduates

  • 1/6 nominated by the Governor

Powers and Functions of State Legislature

1. Legislative Powers

The State Legislature makes laws on subjects such as:

  • Police

  • Public health

  • Agriculture

  • Local government

Laws are made following a constitutional procedure and require the Governor’s assent.


2. Financial Powers
  • State budget is presented in the Legislative Assembly

  • Money Bills can be introduced only in the Vidhan Sabha

  • No tax can be levied without legislative approval


3. Executive Control

The State Legislature controls the executive through:

  • Question Hour

  • No-confidence motion

  • Debates and discussions

The Council of Ministers is collectively responsible to the Legislative Assembly.


4. Electoral Functions

The State Legislature:

  • Participates in the election of the President of India

  • Elects members to the Rajya Sabha

Law-Making Process in the State Legislature

Legislative Process: Bill to Law
Complete Legislative Process

How a Bill Becomes Law

The step-by-step process of transforming a legislative proposal into enforceable law

1
Bill Introduced
A proposed law (bill) is introduced in either house of the legislature by a minister or a private member. The bill is published in the government gazette.
2
First Reading
The bill is presented to the house. Only the title and objectives are read. No discussion takes place at this stage. The bill is taken as introduced.
3
Committee & Discussion
The bill is referred to a committee for detailed examination. The committee studies the bill, consults experts, and may suggest amendments. Then it's discussed clause by clause in the house.
4
Second Reading
The bill, along with committee recommendations, is considered by the house. Members debate the principles and provisions of the bill. Amendments may be proposed and incorporated.
5
Voting
After discussion, the bill is put to vote. If passed by a simple majority, it moves to the other house (in bicameral legislatures) or to the Governor for assent.
6
Governor's Assent
After passage by the legislature, the bill is sent to the Governor. The Governor may give assent, withhold assent, or reserve the bill for President's consideration (in certain cases).
7
Law Enforced
Once assented, the bill becomes an Act and is published in the official gazette. It comes into force either immediately or on a date specified in the Act. The law is now enforceable.

Key Information About the Legislative Process

Time Required

The process can take weeks to months depending on the complexity of the bill and legislative priorities. Ordinary bills typically take 1-3 months.

Bicameral Process

In states with two houses, the bill must pass through both houses. If there's disagreement, a joint sitting may be convened to resolve differences.

Governor's Options

The Governor can return the bill once for reconsideration. If passed again, the Governor must give assent. Certain bills require President's assent.

Types of Bills

Ordinary bills, money bills (only in Assembly), and constitutional amendment bills. Each follows slightly different procedures.

Legislative Timeline

The entire process from bill introduction to law enforcement demonstrates the careful deliberation and democratic principles embedded in India's legislative system. Each step ensures thorough scrutiny before a proposal becomes binding law.

Explanation:

  1. A bill is introduced in the Legislative Assembly.

  2. It is discussed and examined.

  3. After approval, it is sent to the Governor.

  4. On receiving assent, the bill becomes law.

Role of State Legislature in Democracy

The Indian State Legislature strengthens democracy by:

  • Representing regional aspirations

  • Ensuring accountability of the government

  • Protecting people’s rights at the state level

  • Maintaining balance between Centre and States

Difference Between Unicameral and Bicameral State Legislature

Feature
Unicameral
Bicameral
Number of HousesOneTwo
Law-making speedFasterSlower
StatesMajorityFew
Review mechanismLimitedBetter scrutiny

Conclusion

The State Legislature in India plays a crucial role in governance and democracy. It ensures law-making, financial control, and executive accountability at the state level. Whether unicameral or bicameral, the State Legislature reflects the federal spirit of the Indian Constitution. A clear understanding of its structure, powers, and functions helps students and citizens appreciate how democracy works at the grassroots level.

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