Chapter 44: State Legislature — Composition, Powers, Functioning
Introduction
Every Indian State (except some Union Territories) has its own State Legislature, which makes laws for the State subjects (under State List and Concurrent List).
States may have:
Unicameral Legislature: Only Legislative Assembly (Vidhan Sabha), or
Bicameral Legislature: Legislative Assembly + Legislative Council (Vidhan Parishad).
Constitutional Provisions
Article
Subject
Articles 168–212
State Legislature: Composition, Powers, Procedure
Composition of State Legislature
1. Legislative Assembly (Vidhan Sabha)
Feature
Detail
Nature
Lower House / Popular House
Members
Directly elected by people (MLAs)
Strength
Minimum 60, Maximum 500 (exceptions: Goa, Sikkim, Mizoram)
Tenure
5 years (can be dissolved earlier by Governor)
Presiding Officer
Speaker (elected from among members)
2. Legislative Council (Vidhan Parishad)
(Exists only in 6 states — UP, Bihar, Maharashtra, Telangana, Andhra Pradesh, Karnataka)
Feature
Detail
Nature
Upper House
Members
Indirectly elected (MLCs)
Strength
1/3rd of the Legislative Assembly, but minimum 40
Tenure
Permanent body (1/3rd members retire every 2 years)
Presiding Officer
Chairman (like Rajya Sabha Chairperson)
Creation or Abolition of Legislative Council
Article 169: Parliament can create or abolish a Legislative Council in a state by a simple majority, if the State Legislative Assembly passes a resolution by:
Special majority (majority of total membership + 2/3rd present and voting).
Qualifications for Membership
Criteria
Legislative Assembly & Council
Citizenship
Must be an Indian citizen
Age
25 years for Assembly, 30 years for Council
Voter Registration
Must be an elector in the state concerned
Disqualifications
Under Constitution (Article 191),
Under Representation of People Act, 1951,
Holding an office of profit,
Unsound mind,
Insolvent,
Citizenship of foreign country.
Powers and Functions of State Legislature
1. Legislative Powers
Can make laws on:
State List subjects (e.g., Police, Public Health, Agriculture),
Concurrent List subjects (e.g., Education, Forests).
Parliament can also legislate on State subjects under certain conditions (like National Emergency).
2. Financial Powers
Money Bills can only be introduced in Legislative Assembly (Vidhan Sabha).
Legislative Assembly controls the state’s budget.
Legislative Council (if exists) can only delay a Money Bill for 14 days, cannot reject/amend it.
3. Control over Executive
State government is responsible to Legislative Assembly.
Assembly can:
Ask questions,
Pass motions (like No-Confidence Motion),
Discuss government policies,
Approve demands for grants.
4. Electoral Functions
Members of State Legislative Assembly participate in:
Election of the President (through Electoral College),
Election of Rajya Sabha members.
5. Constitutional Functions
Approving constitutional amendment bills (if ratification by States needed),
Approving State Reorganization if proposed.
Legislative Procedure
For Ordinary Bills
Introduced in either House (Assembly or Council),
Passed by both Houses (if bicameral),
Sent to Governor for assent.
If Council rejects or delays Bill:
Assembly can override Council after reconsideration.
(Thus, Legislative Assembly is more powerful than Council.)
For Money Bills
Introduced only in Legislative Assembly,
Council can only make recommendations (within 14 days),
Assembly can accept or reject them.
Governor must give assent (cannot withhold).
Role of Governor in State Legislature
Summons, prorogues, and dissolves the Legislative Assembly.
Can send messages to Legislature.
Assent to Bills or reserve for President.
Promulgate Ordinances when Legislature is not in session (Article 213).
Comparison: Legislative Assembly vs Legislative Council
Feature
Legislative Assembly
Legislative Council
Status
Lower House (Powerful)
Upper House (Advisory)
Creation
Mandatory
Optional
Tenure
5 years
Permanent (1/3rd retire every 2 years)
Election
Directly by people
Indirect (elected and nominated)
Money Bills
Originates here
No original powers
State Legislatures in India — Current Status (2024)
Can request Parliament to legislate on State List subjects (Article 252).
Can approve constitutional amendments that affect states (like GST Amendment, 101st Amendment).
Challenges and Issues
Legislative Councils seen as non-essential and costly.
Frequent absenteeism and disruptions in Assemblies.
Law-making reduced to hurried passage of Bills without discussion.
Dominance of ruling party undermines Opposition.
Reforms Suggested
Stronger committee systems for pre-legislation scrutiny,
Time-bound sessions and mandatory sitting days,
Strengthen Legislative Councils where needed.
Conclusion
State Legislatures are pillars of Indian federalism. Effective State Legislatures are vital for grassroots democracy, regional development, and strengthening unity in diversity.
“Strong States make a Strong Nation.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Articles for State Legislature
168–212
Minimum age to be MLA
25 years
Money Bill can be introduced only in
Legislative Assembly
First State with Bicameral Legislature
Bihar (after UP)
Creation/abolition of Legislative Council
Article 169
Special majority needed for Council abolition
Yes
Chapter 45: Chief Minister and Council of Ministers — Appointment, Powers, Functions
Introduction
The Chief Minister (CM) is the real executive head of the State Government.
The Governor is the constitutional head, but real power rests with the CM and his Council of Ministers.
Thus, in States, the system is Parliamentary like the Union (Centre).
Constitutional Provisions
Article
Subject
Article 163
Council of Ministers to aid and advise Governor
Article 164
Appointment of Chief Minister and other Ministers
Appointment of Chief Minister
Step
Details
1
Governor invites the leader of the majority party (or alliance) in Legislative Assembly.
2
Governor appoints him/her as Chief Minister.
3
Other Ministers are appointed by Governor on advice of Chief Minister.
Note: If no party has a clear majority, Governor uses discretion to invite leader most likely to command a majority (after floor test).
Term and Tenure
CM and Ministers hold office during the pleasure of the Governor (in reality, till they have majority support).
No fixed term — generally 5 years (as long as the Assembly exists).
No limit on number of terms (can serve multiple times).
Oath and Salary
Oath administered by the Governor.
Oath includes:
Faithful discharge of duties,
Uphold the Constitution,
Secrecy of information.
Salaries and allowances are determined by State Legislature.
Powers and Functions of Chief Minister
I. Executive Powers
Power
Detail
Allocation of Portfolios
Allocates work among Ministers.
Policy Leader
Shapes major policies of the State.
Communication Link
Keeps Governor informed about state affairs.
Appointment Powers
Advises Governor on appointment of Ministers, Advocate General, etc.
II. Legislative Powers
Power
Detail
Advises Governor
Regarding summoning, proroguing, and dissolving Assembly.
Leader of the House
Guides the legislative agenda of the government.
Introduces Bills
Government Bills introduced under his leadership.
Defends Government Policies
On the floor of the Assembly.
III. Financial Powers
CM and Council prepare and present the State Budget.
CM leads the Cabinet in getting financial proposals passed.
Guides fiscal policies at the State level.
IV. Advisory Powers
Advises the Governor on many important matters,
Recommends dismissal of Ministers (if needed).
Role of the Chief Minister
Role
Details
Chief Spokesperson of State
Communicates government’s policies.
Crisis Manager
Handles political or social crises.
Leader of the Cabinet
Coordinates activities of all Ministries.
Development Leader
Guides economic and social programs.
Council of Ministers
Composition
Type of Minister
Function
Cabinet Ministers
Head major departments; decide policies collectively.
Ministers of State
May be given independent charge or attached to Cabinet Ministers.
Deputy Ministers
Assist senior Ministers.
There may also be Parliamentary Secretaries (not Constitutional position — appointed in some states for political reasons).
Collective Responsibility
As per Article 164(2):
The Council of Ministers is collectively responsible to the Legislative Assembly.
If the Assembly passes a No-Confidence Motion, the entire Council including CM must resign.
Individual Responsibility
Governor can remove a Minister individually,
only on advice of CM,
if that Minister loses confidence of CM.
Comparison: Chief Minister vs Governor
Feature
Chief Minister
Governor
Position
Real Executive
Constitutional Head
Appointment
By Governor
By President (actually by Union Cabinet)
Removal
Loss of majority in Assembly
At President’s pleasure
Authority
Leads Council of Ministers
Acts on CM’s advice (except discretionary matters)
Important Cases Related to CM and Council
Case
Importance
Nabam Rebia Case (2016)
Governor must act based on CM/Cabinet advice while summoning Assembly.
SR Bommai Case (1994)
Importance of floor test to prove majority; dismissal of CM without Assembly test is unconstitutional.
Recent Developments and Issues
Instances of Governors delaying oath ceremonies.
Debate over appointment of non-MLAs as Chief Ministers temporarily (must become MLA within 6 months).
Political pressures on CM-Governor relations (seen in states like West Bengal, Maharashtra).
Role of Deputy Chief Minister
Constitutionally, there is no post of Deputy CM.
Purely political arrangement within coalition governments.
Deputy CM holds Cabinet rank and powers given by CM.
Conclusion
Chief Minister is the linchpin of state administration. The quality of governance at State level largely depends on the leadership, integrity, and efficiency of the CM and his/her Council.
“In India’s federal system, the Chief Minister is the architect of the State’s destiny.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Articles for CM & Council
163, 164
Appointment of CM
By Governor
Responsibility of Council
Collective responsibility to Assembly
Minimum age to be CM
25 years (must be MLA or get elected within 6 months)
Post of Deputy CM
Not constitutional
Chapter 46: High Court — Structure, Jurisdiction, Powers
Introduction
High Courts are the highest judicial bodies at the State level.
They function under the Constitution of India as the guardians of law and Constitution in their respective States/UTs.
Constitutional Provisions
Article
Subject
Articles 214–231
High Courts: Organization, Powers, and Functions
Organization of High Court
Feature
Detail
Establishment
Each State has a High Court (common High Court possible for 2+ States/UTs).
Appointment of Judges
By the President of India.
Chief Justice
Heads the High Court.
Location
Capital city of State (some have benches elsewhere).
Composition
Chief Justice + Other Judges (number decided by President based on workload).
Temporary and additional judges can also be appointed if needed.
Appointment of Judges
Step
Detail
Chief Justice of India (CJI) + Collegium
Recommends names.
Governor of the State
Must be consulted.
President of India
Appoints the Judges.
Qualifications for High Court Judge
Must be a citizen of India,
Must have:
At least 10 years experience as an advocate in a High Court, or
At least 10 years experience as a judicial officer in India.
Tenure and Removal
Aspect
Detail
Term
No fixed term; retirement age is 62 years.
Removal
By President after impeachment process (similar to Supreme Court Judge) — on grounds of proved misbehavior or incapacity.
Salaries and Allowances
Paid from Consolidated Fund of the State.
Conditions of service cannot be altered to their disadvantage after appointment.
Jurisdiction and Powers of High Court
1. Original Jurisdiction
Power
Details
Writ Jurisdiction
Can issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) under Article 226 for enforcement of Fundamental Rights and for other purposes.
Election Petitions
Hear disputes regarding election to State Legislature (not Lok Sabha or Rajya Sabha).
Matters under State Law
Certain special State matters (like revenue).
2. Appellate Jurisdiction
Type
Details
Civil Appeals
Against judgment of District or Subordinate Courts.
Criminal Appeals
Against Sessions Court decisions.
Constitutional Matters
Appeals involving interpretation of Constitution.
3. Supervisory Jurisdiction (Article 227)
High Court has the power to supervise:
Lower courts,
Tribunals in its jurisdiction.
Can call for records and pass necessary orders.
4. Control over Subordinate Judiciary
Power
Details
Posting, Promotion, Transfer
Of District Judges and other Judicial officers (in consultation with Governor and State Public Service Commission).
Disciplinary Control
Over subordinate judiciary.
5. Judicial Review
High Court can strike down any law of the State Legislature that is unconstitutional (violates Fundamental Rights or Constitution).
Writs issued by High Court (Article 226)
Writ
Purpose
Habeas Corpus
To release unlawfully detained persons.
Mandamus
To command public officials to perform their duty.
Prohibition
To stop lower court from exceeding jurisdiction.
Certiorari
To quash an order of lower court/tribunal.
Quo Warranto
To question the legality of a person holding public office.
Independence of High Court
Judges’ salaries charged on Consolidated Fund (non-votable),
Security of tenure,
Powers of contempt,
Separation from Executive and Legislature.
Subordinate Courts under High Court
District Courts,
Civil and Criminal Courts at subordinate levels,
Tribunals (in certain cases).
All subordinate judiciary is under the direct control and supervision of the High Court.
Comparison: Supreme Court vs High Court
Feature
Supreme Court
High Court
Level
Apex Court of India
Highest Court in a State
Jurisdiction
National
State and Union Territories
Writ Powers
Article 32 (only for Fundamental Rights)
Article 226 (for Fundamental Rights + Other Rights)
Appointments
President (with CJI recommendation)
President (with CJI and Governor consultation)
Retirement Age
65 years
62 years
Important Articles Related to High Court
Article
Subject
214
High Court for each State
215
High Court as a Court of Record
216
Constitution of High Court
217
Appointment and conditions of office of Judge
226
Writ jurisdiction of High Court
227
Power of superintendence over subordinate courts
229
Officers and servants of High Court (Chief Justice controls).
Recent Developments
Demands for separate High Courts for new states (like Andhra Pradesh after Telangana bifurcation).
Push for increasing retirement age of High Court judges from 62 to 65 years (to match Supreme Court).
Strengthening e-Courts system for High Courts.
Challenges and Issues
Huge backlog of cases — judicial delays.
Vacancy of judges — leading to pending litigations.
Infrastructure constraints — lack of sufficient courtrooms, facilities.
Access to Justice — poor in remote rural areas.
Reforms Suggested
Increase number of judges proportionate to population,