The Structure and Functions of State Legislatures in India

Every law that governs daily life within a state – from local policing and public health to agriculture and land reforms – begins its journey in a single institution: the state legislature. While the Parliament in New Delhi often dominates headlines, the real machinery of governance closest to most people operates at the state level. Understanding how state legislatures are structured and what they actually do reveals how federalism functions on the ground, and why your vote in a state election carries real weight.

The constitutional foundation of state legislatures 🔗

The framework for every state legislature is laid out in Articles 168 to 212 of the Constitution. Article 168 makes the basic rule clear: every state must have a legislature, and that legislature may consist of one or two houses. This single provision creates two possible models that states can adopt.

A state legislature always includes the Governor as a constituent part, even though the Governor is not an elected member. Alongside the Governor sits either one elected house or two houses, depending on the model the state has chosen. This is an important point that students often miss – the Governor is legally a part of the legislature, not merely an outside authority who signs off on laws.

Unicameral versus bicameral systems 🔗

A unicameral legislature has only one house, the Legislative Assembly or Vidhan Sabha. A bicameral legislature has two houses: the Legislative Assembly (lower house) and the Legislative Council or Vidhan Parishad (upper house). Most states follow the unicameral model with just an Assembly.

Currently, only six out of 28 states have bicameral legislatures: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. States such as Kerala, Gujarat, Punjab, and Rajasthan function with only the Assembly. The choice between the two models is not permanent. The same Constitution that permits a Council also allows states to add or remove one over time.

Creating or abolishing a Legislative Council 🔗

Article 169 governs how a Council comes into existence or is dissolved. The process begins in the state itself: the Legislative Assembly must pass a resolution by a special majority – a majority of the total membership of the Assembly and a majority of at least two-thirds of members present and voting. Once that resolution is passed, Parliament can enact a law to create or abolish the Council.

Interestingly, the Parliamentary law made for this purpose is not treated as a constitutional amendment under Article 368, even though it changes the structure of a state’s legislature. The history here is active rather than theoretical. Andhra Pradesh abolished its Council in 1984 and then revived it in 2007. States like Rajasthan, Odisha, and Assam have passed resolutions seeking new Councils that are still pending at the Parliamentary stage.

The Legislative Assembly: the directly elected house 🔗

The Vidhan Sabha is the heart of the state legislature. It is the directly elected house, often called the “popular house” because its members come straight from the people through universal adult franchise. This direct mandate is what gives the Assembly its political authority.

Composition and strength 🔗

Article 170 deals with the composition of the Assembly. The Constitution sets the range at not more than 500 and not less than 60 members, chosen by direct election from territorial constituencies. The actual number depends largely on a state’s population, so Uttar Pradesh has a far larger Assembly than a smaller state.

Some smaller states are exceptions to the minimum of 60. States like Sikkim, Mizoram, and Goa have assemblies with fewer than 60 members because of their special circumstances and smaller populations. Each member of the Legislative Assembly (MLA) must be a citizen of India and at least 25 years of age, among other qualifications laid down under the Representation of the People Act, 1951.

Term and dissolution 🔗

The Assembly is not a permanent body. Its normal term is five years from the date of its first meeting after a general election. However, the Governor can dissolve it earlier on the advice of the Chief Minister, or it may be dissolved if a no-confidence motion is passed against the ruling party. During a national emergency under Article 352, Parliament can extend the Assembly’s term by one year at a time, but this extension cannot continue beyond six months after the emergency ends.

The Legislative Council: the upper house in some states 🔗

Where it exists, the Vidhan Parishad acts as the upper house and a “house of elders.” It is designed to provide a second layer of deliberation, bringing in voices from sections of society that direct elections might overlook – teachers, graduates, and experts. Its composition is set out in Article 171.

A continuing body with mixed membership 🔗

Unlike the Assembly, the Council is a permanent body that cannot be dissolved, much like the Rajya Sabha at the national level. Each member serves a six-year term, and one-third of the members retire every two years, which keeps the house functioning continuously.

The Council is not directly elected. Its membership follows a mixed formula of indirect election and nomination. Roughly one-third are elected by local bodies such as municipalities and panchayats, one-twelfth by graduates of at least three years’ standing, one-twelfth by teachers, one-third by the members of the Legislative Assembly, and the rest are nominated by the Governor from fields like literature, science, art, and social service.

Size limits 🔗

The strength of a Council is capped. Article 171 fixes its maximum at one-third of the total strength of the Assembly, with a minimum of 40 members. This deliberate ceiling ensures that the directly elected Assembly always remains the dominant and more powerful house.

The legislative process at the state level 🔗

The way a bill becomes law in a state closely mirrors the process in Parliament. A bill goes through three readings: the first reading for introduction, the second for detailed discussion and amendments, and the third for final passage. But there are important differences between unicameral and bicameral states.

How ordinary bills move 🔗

In a unicameral state, a bill passed by the Assembly simply goes to the Governor. In a bicameral state, the relationship between the two houses is heavily tilted in favour of the Assembly. If the Assembly passes an ordinary bill and sends it to the Council, the Council cannot hold it for more than three months the first time. If the bill is returned and the Assembly passes it again, the Council has only one month to act, after which the bill is deemed passed regardless of the Council’s view.

This is a crucial structural point: there is no joint sitting at the state level to resolve deadlocks, unlike at the Centre. The Assembly always has the final say. The Council can delay and review legislation, but it cannot veto or permanently block it.

The special status of money bills 🔗

Money bills enjoy a distinct treatment. They can only originate in the Legislative Assembly, never in the Council. The Speaker of the Assembly certifies whether a bill is a money bill. Once the Assembly passes a money bill and sends it to the Council, the Council can only make recommendations within 14 days, and the Assembly is free to accept or reject those suggestions. This keeps complete financial control firmly in the hands of the directly elected house.

The Governor’s role in lawmaking 🔗

After a bill clears the legislature, it reaches the Governor for assent under Article 200. The Governor has three options: grant assent, withhold assent, or reserve the bill for the consideration of the President. The Governor may also return a bill (if it is not a money bill) to the legislature with a message asking it to reconsider. If the house passes the bill again, the Governor must grant assent.

When the President steps in 🔗

Certain bills must or may be reserved for the President under Article 201. This typically happens when a bill touches on matters of national interest or affects the powers of the High Court. For instance, the Constitution requires that a bill which would derogate from the powers of a High Court must be reserved for the President. When a bill is reserved, the President can assent, withhold assent, or direct the Governor to return it to the legislature for reconsideration.

A recent constitutional clarification 🔗

The Governor’s assent powers have been the subject of significant recent litigation. In State of Tamil Nadu v. Governor of Tamil Nadu (2025), the Supreme Court addressed long delays by Governors in acting on bills. The matter then reached the Court again through a Presidential Reference. In November 2025, a five-judge Constitution Bench delivered its advisory opinion, holding that courts cannot impose fixed timelines on Governors or the President and that the concept of “deemed assent” does not exist under the Constitution.

At the same time, the Court was clear that a Governor cannot indefinitely sit on a bill through sheer inaction. The Court described dialogue and reconciliation, not obstructionism, as the essence of the constitutional scheme. This ongoing debate shows that the relationship between elected state governments and constitutionally appointed Governors remains a live and contested question in the federal system.

Functions and significance of state legislatures 🔗

State legislatures do far more than pass laws. Their functions span several distinct areas that together make them the cornerstone of governance at the regional level.

Legislative function: The legislature enacts laws on subjects in the State List, such as police, public health, agriculture, and local government, and shares authority on Concurrent List subjects with Parliament.

Financial control: The Assembly approves the state budget. No tax can be levied and no expenditure made without its consent, giving it the power of the purse.

Executive oversight: The Council of Ministers, led by the Chief Minister, is collectively responsible to the Legislative Assembly. Through tools like questions, debates, adjournment motions, and no-confidence motions, the legislature holds the government accountable for its day-to-day work.

Electoral and constitutional functions: Elected members of state Assemblies participate in the election of the President of India, and state legislatures ratify certain constitutional amendments that require their approval.

This structure ensures that governance reflects local needs and aspirations while remaining anchored within the larger federal framework. The state legislature is where regional diversity meets democratic representation, translating the will of voters into the everyday rules that shape their lives.

What do you think? Given that the Legislative Council can delay but never block legislation, does a second chamber add genuine value to state governance, or is it an avoidable burden on the state budget? And how should the balance of power between an elected state government and an appointed Governor be drawn so that neither obstructs the other?

References

1. https://lawbhoomi.com/houses-of-state-legislature-in-india/
2. https://en.wikipedia.org/wiki/State_governments_of_India
3. https://inclusiveias.com/upsc-polity-state-legislature/
4. https://blog.missiongyan.com/what-is-state-legislative-assembly-structure-powers-role-explained/
5. https://sociology.institute/india-democracy-development/role-structure-state-legislatures-india/
6. https://en.wikipedia.org/wiki/State_legislative_councils_of_India
7. https://en.wikipedia.org/wiki/State_legislative_assemblies_of_India
8. https://www.scobserver.in/cases/presidential-reference-on-powers-of-the-governor-and-president-re-assent-withholding-or-reservation-of-bills-by-the-governor-and-president-of-india/
9. https://cjp.org.in/a-constitutional-reset-on-governor-assent-the-supreme-courts-opinion-in-the-presidential-reference-on-articles-200-201/