State Legislature & Special Provisions for Some States

Part A — State Legislature (Arts 168–212)

1. Composition of State Legislature (Art. 168)

Article 168 provides that for every state there shall be a Legislature consisting of:

• Governor (in all states)
• Vidhan Sabha (Legislative Assembly) — in all states
• Vidhan Parishad (Legislative Council) — only in 6 states

1.1 Bicameral States (6)

The following 6 states have both Vidhan Sabha and Vidhan Parishad:

2. Vidhan Sabha — Legislative Assembly (Art. 170)

2.1 Strength

• Not more than 500 members and not less than 60 members (Art. 170)
• Exception: Goa, Sikkim, Mizoram, Arunachal Pradesh have fewer than 60 members (special constitutional provisions under Art. 371I for Goa — minimum 30 seats).
• Members are elected by direct election on the basis of adult suffrage.

2.2 Term

• Normal term: 5 years from the date of its first sitting after each general election.
• Can be dissolved earlier by the Governor (on advice of Chief Minister, or in case of breakdown of constitutional machinery).
• During a Proclamation of Emergency (Art. 352), term can be extended by Parliament one year at a time.

2.3 Qualifications (Art. 173)

• Must be a citizen of India
• Must be not less than 25 years of age
• Name must be in the electoral roll of any constituency of that state
• Must not hold any office of profit under GoI or state government
• Must not be of unsound mind or insolvent

2.4 Special Powers of Vidhan Sabha

• Money Bills can only be introduced in Vidhan Sabha — not in VP (Art. 198)
• Council of Ministers is collectively responsible to Vidhan Sabha (Art. 164(2)) — not to VP
• In case of disagreement between VS and VP on a bill — VS always prevails
• Speaker and Deputy Speaker are elected by VS members from among themselves
• Resolutions on creation/abolition of VP are passed by VS (Art. 169)

2.5 Speaker of Vidhan Sabha

• Elected by members of VS from among themselves
• Presides over sittings; guardian of rights, privileges, and dignity of the House
• Has a casting vote in case of a tie
• Can be removed by an effective majority (more than 50% of total membership of VS) — Art. 179
• While a resolution for removal is pending, Speaker cannot preside (Deputy Speaker presides)
• Certifies whether a bill is a Money Bill or not — decision is final

3. Vidhan Parishad — Legislative Council (Art. 171)

3.1 Strength

• Not more than 1/3 of the total membership of the Vidhan Sabha
• Not less than 40 members (in no case)
• Exception: Jammu & Kashmir — its VP had only 36 members (special law)

3.2 Composition — How Members are Elected/Nominated

The 5 categories of Vidhan Parishad members (Art. 171(3)):

3.3 Term and Nature

• Permanent body — cannot be dissolved (like Rajya Sabha)
• Term of each member: 6 years
• 1/3 members retire every 2 years
• Qualification: must be not less than 30 years of age (vs. 25 for VS)
• Presided over by Chairman and Deputy Chairman (elected by VP members)

3.4 Powers of Vidhan Parishad — Limitations

• VP is a weak second chamber — unlike Rajya Sabha at Centre, VP has very limited powers
• Cannot reject Money Bills — can only make recommendations within 14 days
• For ordinary bills — VP can delay by maximum 4 months (3 months first time + 1 month second time); if VS repasses, VP cannot block
• Council of Ministers is NOT responsible to VP — only to VS
• No joint sitting provision for states (unlike Parliament's Art. 108) — VS automatically prevails

4. Creation and Abolition of Vidhan Parishad (Art. 169)

4.1 Procedure

Parliament can create or abolish a Vidhan Parishad by ordinary legislation, but only after:

1. The Vidhan Sabha of that state passes a resolution by special majority:
   • Not less than 2/3 of members present and voting, AND
   • A majority of total membership of the VS
2. After that resolution, Parliament passes a simple majority Act to create or abolish the VP.

4.2 Recent Developments

5. Vidhan Sabha vs Vidhan Parishad — Comparison

5.1 Detailed Comparison Table

6. Speaker of Vidhan Sabha

6.1 Election and Removal

• Speaker is elected by VS members from among themselves after each general election
• Deputy Speaker is similarly elected by VS members
• Speaker can be removed by a resolution passed by effective majority of VS (more than 50% of total membership — Art. 179)
• Before a resolution for removal is moved, 14 days' notice must be given
• While such a resolution is pending, Speaker cannot preside — Deputy Speaker takes over

6.2 Powers and Functions

• Presides over sittings of VS and maintains order
• Certifies whether a bill is a Money Bill — decision is final and cannot be challenged in courts
• Casting vote in case of tie (does not vote in first instance)
• Decides questions of disqualification on grounds of defection (10th Schedule)
• Adjourns the House or suspends sitting in absence of quorum
• Does not vacate office on dissolution of VS — continues until first sitting of new VS

7. Legislative Procedure in States

7.1 Ordinary Bills — Unicameral States

• Bill introduced in VS → passed by simple majority → sent to Governor
• Governor may: give assent, withhold assent, return for reconsideration, or reserve for President

7.2 Ordinary Bills — Bicameral States

• Bill introduced in either VS or VP (except Money Bills)
• Must be passed by both Houses in same form — or
• If VP rejects or amends unacceptably: VS can repasses the bill → sent to VP again
• If VP does not pass within 1 month → bill deemed passed by both Houses
• Total maximum delay by VP on ordinary bills: 4 months (3 months first time + 1 month second time)
• No joint sitting provision — VS always prevails automatically

7.3 Money Bills (Art. 198–199)

• Can only be introduced in Vidhan Sabha
• After passage in VS, sent to VP
• VP can make recommendations — within 14 days
• VS may accept or reject VP's recommendations — VS's decision is final
• If VP does not return within 14 days, bill deemed passed by both Houses
• Speaker certifies a Money Bill — certification is final

7.4 Constitutional Amendments

State legislatures cannot amend the Constitution on their own. Only Parliament can amend the Constitution (Art. 368). However, certain amendments require ratification by at least half of the state legislatures (e.g., those affecting federal provisions — Arts 54, 55, 73, 162, etc.).

8. Governor's Ordinance Making Power (Art. 213)

8.1 When Can Governor Issue an Ordinance?

• When the Vidhan Sabha is not in session (or both Houses if bicameral)
• Governor is satisfied that circumstances exist requiring immediate action
• Scope: only on subjects in the State List and Concurrent List (not Union List)
• On Concurrent List subjects, Governor needs President's instructions in certain cases

8.2 Conditions and Limitations

• An Ordinance has the same force as an Act of Legislature
• It must be laid before the Legislature on reassembly
• Lapses at the expiry of 6 weeks from reassembly of VS (or earlier House, if bicameral)
• Can be withdrawn by Governor at any time
• Cannot be issued to amend the Constitution
• Cannot be issued if the bill containing same provisions would require President's assent
• Subject to judicial review — cannot be issued for mala fide purposes (D.C. Wadhwa v. State of Bihar, 1987)

8.3 D.C. Wadhwa Case (1987) — Landmark

The Supreme Court held that the Governor cannot re-promulgate ordinances repeatedly to bypass the legislature. Doing so would be fraud on the Constitution. The legislative power of the state must be exercised by the elected legislature — not by the executive through continuous ordinances. This principle applies equally to the President under Art. 123.

9. Reserved Bills — Art. 200 and Art. 201

9.1 Art. 200 — Governor's Options on a Bill

When a bill is presented to the Governor after passage by the state legislature:

• Give assent — bill becomes law
• Withhold assent — bill lapses
• Return for reconsideration (except Money Bills) — if VS repasses it (with or without amendment), Governor must give assent
• Reserve for President's consideration — Governor sends to President

9.2 Art. 201 — President's Options on a Reserved Bill

When a bill is reserved for President:

• Give assent
• Withhold assent — bill lapses permanently
• Direct Governor to return for state legislature's reconsideration (except Money Bills)
• If state legislature repasses — it is again presented to President who is not obliged to give assent (unlike the Governor who must assent after re-passage)

9.3 When Must Governor Reserve for President?

• When the bill would derogate from powers of the High Court (Art. 200 proviso)
• When bill relates to compulsory acquisition of property under Art. 31A
• When directed by President to do so
• When bill otherwise endangers the position of the High Court

Part B — Special Provisions for Some States (Arts 370–371J)

10. Art. 370 — Special Status of J&K (Abrogated)

10.1 What Art. 370 Provided

• Conferred special autonomous status on Jammu & Kashmir
• Parliament could legislate for J&K only on Defence, External Affairs, Finance, and Communications
• Other central laws could be extended only with J&K government's concurrence
• J&K had its own Constitution (1956), its own flag, and Sadr-e-Riyasat (Governor equivalent)
• Art. 35A (inserted in 1954 by Presidential Order) gave J&K legislature exclusive power to define "permanent residents" and their special privileges

10.2 Abrogation in 2019

• On 5 August 2019, Presidential Order (C.O. 272) declared Art. 370 inoperative (applying all provisions of Constitution to J&K)
• Simultaneously, J&K Reorganization Act 2019 bifurcated the state into two Union Territories: (a) J&K (with Legislature) and (b) Ladakh (without Legislature)
• Art. 35A was simultaneously abrogated
• All central laws now apply to J&K directly

10.3 Supreme Court Verdict — December 2023

• Constitution Bench (5 judges) led by CJI DY Chandrachud
• Upheld the abrogation of Art. 370 as constitutionally valid
• Held that J&K had no sovereignty — President acting under Art. 356 had full powers
• Directed restoration of statehood to J&K (Ladakh to remain UT)
• Directed elections to J&K Legislative Assembly by September 2024 (held in October 2024)

11. Arts 371 to 371J — Special Provisions for States

11.1 Overview

Articles 371 to 371J provide special provisions for certain states — mostly northeastern states and some others — recognising their unique cultural, historical, demographic, or geographic characteristics. These provisions protect customary laws, ensure regional equity, and give special responsibilities to Governors in some states.

11.2 Detailed Notes on Key Articles

Art. 371A — Nagaland (Most Important for UPSC)

• Most powerful protection — Parliament's power to legislate is completely barred on:
  • Religious and social practices of the Nagas
  • Naga customary law and procedure
  • Administration of civil and criminal justice involving Naga customary law
  • Ownership and transfer of land and its resources
• Unless the Nagaland Legislative Assembly resolves that such law shall apply
• Governor of Nagaland has special responsibility re: maintenance of internal security

Art. 371F — Sikkim (Unique)

• Inserted when Sikkim became India's 22nd state in 1975
• All existing laws of Sikkim shall continue in force
• Citizens of Sikkim (Sikkim Subjects) have all rights of Indian citizens
• Unique electoral provisions — different seats reserved for different communities (Bhutia-Lepcha, Sangha, general)
• One seat reserved in Lok Sabha for Sikkim

Art. 371H — Arunachal Pradesh

• Governor has special responsibility for law and order
• May act in his own discretion on law and order matters (after consulting Council of Ministers)
• One of very few provisions where the Governor has genuine discretion — not a nominal role

Art. 371J — Karnataka (Added by 98th Amendment, 2012)

• Applies to Hyderabad-Karnataka region (districts: Gulbarga, Bidar, Raichur, Koppal, Yadgiri, Bellary — now Ballari)
• Governor has special responsibility for equitable allocation of funds
• Reservation in educational institutions and state government employment for local persons
• Separate development board
• Most recently added of all special provisions

11.3 Comparison: Art. 371A (Nagaland) vs Art. 371G (Mizoram)

12. Prelims PYQs

13. Mains PYQs

14. 15-Minute Revision Box