State Legislature & Special Provisions for Some States

The State Legislature — comprising the Governor, Vidhan Sabha, and in six states the Vidhan Parishad — is the legislative arm of each state. Understanding the composition, powers, and procedure of state legislatures, along with the special constitutional protections for certain states (Arts 370–371J), is critical for GS-II and Polity questions.

UPSC Prelims · Mains GS-II Laxmikanth Ch. 26–27 ~22 min read Arts 168–212 Arts 370–371J

Conceptual Clarity
Composition — Art. 168
Vidhan Sabha (Legislative Assembly)
Vidhan Parishad (Legislative Council)
Creation/Abolition — Art. 169
VS vs VP — Comparison
Speaker of Vidhan Sabha
Legislative Procedure in States
Governor's Ordinance — Art. 213
Reserved Bills — Art. 200
Art. 370 — J&K Special Status (Abrogated)
Art. 371 to 371J — Special Provisions
Prelims PYQs
Mains PYQs
15-Minute Revision Box

Conceptual Clarity — State Legislature in India's Federal Structure

India has a quasi-federal structure with a strong Centre. Each state has its own legislature to enact laws on State List and Concurrent List subjects. Unlike Parliament which is always bicameral, most state legislatures are unicameral (only Vidhan Sabha). Only 6 states maintain a Vidhan Parishad, making them bicameral. The Governor acts as the nominal executive head for the state, playing the same role the President plays at the Centre.

Unicameral: All states except 6 — only Vidhan Sabha exists.
Bicameral: 6 states have both Vidhan Sabha + Vidhan Parishad.
Key difference from Parliament: In Parliament, both Houses are co-equal on most legislation. In states, Vidhan Sabha dominates — VP can only delay, not reject.

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:

Bicameral States

Andhra Pradesh
Telangana
Uttar Pradesh
Bihar
Maharashtra
Karnataka

Unicameral States

All other states — including large states like Rajasthan, Madhya Pradesh, Tamil Nadu, West Bengal, Gujarat, Punjab — have only Vidhan Sabha.

Note: All Union Territories have Legislatures created by Parliament (not under Art. 168), except Delhi (GNCTD) and Puducherry.

UPSC Trap: Jammu & Kashmir had a bicameral legislature (with a Legislative Council) but it was abolished in 2019 when the J&K Reorganization Act 2019 bifurcated it into two Union Territories — J&K (with legislature) and Ladakh (without legislature). J&K UT currently has only a unicameral Legislative Assembly.

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

Key Distinction: In Lok Sabha, the Speaker is removed by "effective majority" (majority of total membership). In Vidhan Sabha, removal is also by effective majority under Art. 179 — same standard. Do not confuse with "special majority" or "simple majority."

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)):

Category	Fraction	Method
Local Bodies (municipalities, district boards, etc.)	1/3	Elected by members of local bodies
Graduates (at least 3 years standing)	1/12	Elected by graduates of the state
Teachers (secondary schools and above)	1/12	Elected by teachers of the state
Members of Vidhan Sabha	1/3	Elected by VS members from among persons who are not VS members
Governor's Nominees	1/6	Nominated by Governor (persons of distinction in literature, science, art, cooperative movement, social service)

Fig 17.1 — Vidhan Parishad: Five categories of members and key facts about the permanent body

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

Critical Difference from Rajya Sabha: Unlike Parliament where deadlocks are resolved by a joint sitting (Art. 108), in state legislatures there is NO joint sitting. When VP and VS disagree on a bill, VS sends it back — if VP again fails to pass it within 1 month, it is deemed passed. VS always wins.

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:

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
After that resolution, Parliament passes a simple majority Act to create or abolish the VP.

Key Note: The resolution is passed by special majority (by VS), but Parliament's Act to give effect to it is passed by simple majority — this is NOT a Constitutional Amendment under Art. 368. It is a Parliamentary law. This is why creating/abolishing VP does NOT require ratification by states.

4.2 Recent Developments

State	Development	Year
Andhra Pradesh	VP abolished	1985
Andhra Pradesh	VP recreated	2007
Jammu & Kashmir	VP abolished (J&K Reorganization Act — state bifurcated into 2 UTs)	2019
Odisha	Passed resolution to create VP; pending Parliament approval	2018

5. Vidhan Sabha vs Vidhan Parishad — Comparison

Fig 17.2 — Vidhan Sabha vs Vidhan Parishad: A comprehensive feature-by-feature comparison

5.1 Detailed Comparison Table

Feature	Vidhan Sabha	Vidhan Parishad
Constitutional basis	Art. 170	Art. 171
Strength	60–500 members	Max 1/3 of VS; Min 40
Election	Direct election	Indirect (5 categories) + nominated
Term	5 years (dissoluble)	6 years (permanent)
Age qualification	25 years	30 years
Money Bills	Only here; VP cannot reject	Only recommendations (14 days)
Ordinary bills — delay power	Can override VP	Maximum 4 months delay
CoM responsible to	YES (Art. 164(2))	NO
Dissolution	YES — Governor can dissolve	NO — permanent body
Presiding officer	Speaker	Chairman
Special resolutions	Passes resolution for VP creation/abolition	No such power
Present in	All states	6 states only

Merits of Vidhan Parishad: (1) Checks hasty legislation; (2) Provides platform for eminent people (Governor's nominees); (3) Accommodates diverse interests (graduates, teachers); (4) Revises/improves Bills. Demerits: (1) Costly — more taxpayer expenditure; (2) Can delay good legislation; (3) Weak chamber — so minimal check on VS; (4) Often a haven for defeated politicians or those seeking ministerial positions.

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

Speaker vs Chairman (VP): The Speaker of VS is elected by members. The Chairman of VP is elected by VP members — analogous to the RS where VP of India is the ex officio Chairman. However, the VP of India chairs Rajya Sabha whereas the Vidhan Parishad Chairman is an elected member (no ex officio chair equivalent in VP).

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.).

Type of Bill	Introduced in	VP's Power	Delay Possible
Ordinary Bill	Either House (VS or VP)	Can delay max 4 months	Yes — max 4 months
Money Bill	Only VS	Only recommendations in 14 days	Max 14 days
Constitutional Amendment	Only Parliament	N/A	N/A

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.

Art. 213 vs Art. 123 (Parallel): Just as the President can promulgate ordinances for Parliament's recess (Art. 123), the Governor can for the state legislature (Art. 213). Both are subject to: same force as law; must be placed before legislature; lapse in 6 weeks; judicial review. Key difference: Governor acts on aid and advice of state Cabinet — unlike President who has slightly more discretion in some cases.

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

Key Difference: If VS repasses a returned bill, the Governor MUST give assent (no second veto). But if VS repasses a bill sent to President and returned, the President is NOT bound to give assent — this is a major asymmetry between state and central legislative process.

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)

Significance: The abrogation was the most significant constitutional change since 1947. It settled long-standing questions about J&K's constitutional position. The SC held that Art. 370 was always a temporary provision (the Article itself says "temporary provisions") intended for transitional purposes post-partition, not permanent special status.

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.

Article	State	Key Provision
Art. 371	Maharashtra & Gujarat	President may ensure equitable arrangements for development of Vidarbha, Marathwada, Saurashtra, Kutch; separate development boards
Art. 371A	Nagaland	Parliament cannot make laws on Naga customary law and procedure, administration of civil and criminal justice involving Naga customary law, ownership of land, without NLA's resolution
Art. 371B	Assam	President may provide for committee of tribal area MLAs
Art. 371C	Manipur	Committee of Hill Area MLAs; Governor has special responsibility re: report to President on Hill Areas
Art. 371D	Andhra Pradesh / Telangana	Equitable treatment of different regions in public employment and education; Administrative Tribunal for services
Art. 371E	Andhra Pradesh	Parliament may establish a Central University in Andhra Pradesh
Art. 371F	Sikkim	Sikkim's merger protection; existing laws to continue; unique electoral system; Sikkim Subjects protection; 1 seat in LS for Sikkim
Art. 371G	Mizoram	Parliament cannot make laws on Mizo customary practice, religious and social practices, land ownership without Mizoram Legislative Assembly's resolution
Art. 371H	Arunachal Pradesh	Governor has special responsibility for law and order; may act in own discretion on law and order after consulting CoM
Art. 371I	Goa	Minimum of 30 members in the Vidhan Sabha of Goa
Art. 371J	Karnataka	Special provisions for Hyderabad-Karnataka region; reservation in education and employment; separate development board

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

Fig 17.3 — State-wise special constitutional provisions under Arts 370–371J: a quick reference grid

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

Feature	Art. 371A — Nagaland	Art. 371G — Mizoram
Consent required from	Nagaland Legislative Assembly	Mizoram Legislative Assembly
Protected subjects	Customary law, land, civil/criminal justice involving Naga customs	Mizo customary practices, religious/social practices, land ownership
Governor's special responsibility	Internal security (not law and order per se)	No specific Governor discretion
Constitutional basis	Art. 371A (inserted 1963)	Art. 371G (inserted 1986 — at statehood)

12. Prelims PYQs

Prelims 2024

Which of the following states currently has a bicameral legislature?
Answer: All of the 6 — Andhra Pradesh, Telangana, UP, Bihar, Maharashtra, Karnataka have Vidhan Parishad. J&K no longer has VP after 2019 reorganization.

Prelims 2022

With reference to the Vidhan Parishad, consider the following statements: (1) VP can be created by Parliament on its own without any resolution by VS. (2) VP has the power to reject a Money Bill. (3) The term of a VP member is 6 years.
Answer: (3) only is correct. Creation requires VS resolution (special majority) first — Art. 169. VP cannot reject Money Bill — only recommendations. Term is 6 years.

Prelims 2021

Under Article 169 of the Constitution, Parliament can abolish a Vidhan Parishad after the Vidhan Sabha passes a resolution by:
Answer: Not less than 2/3 of members present and voting AND a majority of total membership (special majority). Parliament then passes a simple majority Act.

Prelims 2020

In respect of a Money Bill, what happens if the Vidhan Parishad does not return it within 14 days?
Answer: The Money Bill is deemed to have been passed by both Houses. VP cannot reject — only make recommendations within 14 days.

Prelims 2019

Which of the following statements about the Governor's Ordinance making power under Art. 213 is correct?
Answer: Governor can promulgate ordinances when Vidhan Sabha is not in session; it lapses in 6 weeks from reassembly; it cannot be issued against provisions requiring President's assent; subject to judicial review (D.C. Wadhwa principle).

Prelims 2018

Art. 371A of the Constitution provides special protection to which state?
Answer: Nagaland — Parliament cannot extend laws affecting Naga customary practices, land, and customary justice without NLA's consent.

Prelims 2023 (Expected Pattern)

With reference to the abrogation of Art. 370, consider: (1) Presidential Order of Aug 5, 2019 declared Art. 370 inoperative. (2) The Supreme Court upheld the abrogation in December 2023. (3) Ladakh has been given statehood after the reorganization.
Answer: (1) and (2) are correct. (3) is incorrect — Ladakh became a Union Territory WITHOUT legislature. Only J&K UT has a legislature.

13. Mains PYQs

Mains GS-II 2022

Examine the role of the Vidhan Parishad in state legislative process. Is bicameralism at the state level necessary? (250 words)

Hint: Composition under Art. 171 (5 categories); permanent body unlike VS; limited powers — cannot reject Money Bills, VS always prevails; delay of 4 months on ordinary bills; merits — revises hasty legislation, eminent persons as nominees; demerits — expensive, weak check, often house for defeated politicians; recommendation of First Administrative Reforms Commission (1968) — abolish VP in states with smaller VS; contemporary relevance given only 6 states retain it.

Mains GS-II 2020

"The special provisions under Arts 371A to 371J are not special status but special protection." Discuss. (150 words)

Hint: Distinguish special status (like former Art. 370 — separate constitution, flag, limited Parliament power) from special protection (safeguarding customary law, regional equity, backward regions); 371A/371G protect tribal customary practices — Parliament cannot override without NLA consent; 371F protects Sikkim's merger terms; 371J protects backward region; these are all within India's constitutional framework; none of these grants sovereignty or separate law-making power to the state itself; distinction from Art. 370 which was truly "special status."

Mains GS-II 2019

Critically examine the constitutional provisions relating to the Governor's role in state legislative process with special reference to Reserved Bills under Art. 200. (250 words)

Hint: Art. 200 — four options for Governor; Art. 201 — President's options on reserved bills; when Governor must reserve (Art. 200 proviso — HC powers); once VS repasses, Governor must assent — no second veto; but President not bound after repassage; controversy — Governors withholding assent for political reasons; Shamsher Singh principle — Governor acts on CoM advice; Punchhi Commission recommendation — Governor should give assent within 6 months; recent controversy — Punjab Governor 2023; need for clear constitutional guidelines.

Mains GS-II Expected 2026

The Supreme Court's December 2023 judgment upholding the abrogation of Art. 370 has significant implications for Indian federalism. Analyse. (250 words)

Hint: Art. 370 history — temporary provision for J&K's accession conditions; what it provided; 2019 Presidential Order and J&K Reorganization Act; SC bench — 5 judges, CJI DY Chandrachud; key holdings: J&K had no sovereignty; President's Rule + Art. 356 gave Parliament J&K legislature's powers; Art. 370 was transitional; implications — shows federal asymmetry can be reduced by Centre; concern — Parliament reduced a state to UT unilaterally; SC directed statehood restoration but no timeline binding; broader implications for special status of other states under Arts 371A-371J.

14. 15-Minute Revision Box

Must-Remember — State Legislature & Special Provisions

Bicameral States (6):

Andhra Pradesh, Telangana, Uttar Pradesh
Bihar, Maharashtra, Karnataka
J&K VP abolished in 2019

Vidhan Sabha Key Facts:

Strength: 60–500 (Art. 170)
Term: 5 years
Age: 25 years
Speaker removed by effective majority
CoM responsible to VS (Art. 164(2))

Vidhan Parishad Key Facts:

Max 1/3 of VS; Min 40 members (Art. 171)
Term: 6 years; Permanent body
Age: 30 years
1/3 retire every 2 years
5 categories: 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 VS members, 1/6 Governor

Art. 169 — Creation/Abolition:

VS resolution: special majority (2/3 present+voting + majority of total)
Parliament: simple majority Act
NOT a Constitutional Amendment

Special Provisions Summary:

Art. 370 — J&K (Abrogated Aug 2019; SC upheld Dec 2023)
Art. 371 — Maharashtra & Gujarat (dev. boards)
Art. 371A — Nagaland (customary law; NLA consent)
Art. 371B — Assam (tribal MLA committee)
Art. 371C — Manipur (Hill Area committee)
Art. 371D/E — Andhra/Telangana (equitable treatment; Central Univ.)
Art. 371F — Sikkim (old laws; merger 1975)
Art. 371G — Mizoram (customary practices; MLA consent)
Art. 371H — Arunachal (Governor's law & order discretion)
Art. 371I — Goa (min 30 VS seats)
Art. 371J — Karnataka (Hyderabad-Karnataka region; 98th Amdt 2012)

Ordinance (Art. 213):

Lapses: 6 weeks from VS reassembly
D.C. Wadhwa 1987 — no re-promulgation

Reserved Bills (Art. 200/201):

Governor re-assent after VS repassage: must give assent
President after repassage: not bound

5 UPSC Traps: (1) VP creation needs VS special majority first — Parliament then passes simple majority Act, NOT Constitutional Amendment. (2) VP cannot reject Money Bills — only recommendations in 14 days. (3) NO joint sitting in states — VS always prevails. (4) Art. 371A (Nagaland) & 371G (Mizoram) both require NLA/MLA consent for Parliament's laws on customary matters. (5) J&K lost VP in 2019 — only 6 bicameral states remain (not 7).

Item	Detail
VS Strength	60–500 (Art. 170)
VS Term	5 years
VS Age	25 years
VP Strength	Max 1/3 VS; Min 40
VP Term	6 years (1/3 retire/2yr)
VP Age	30 years
Bicameral states	6 states
Art. 169 VS majority	Special majority
Ordinance lapse	6 weeks (Art. 213)
Art. 370 abrogated	Aug 2019; SC Dec 2023

Category	Fraction
Local bodies	1/3
Graduates	1/12
Teachers	1/12
VS members	1/3
Governor	1/6

State Legislature & Special Provisions for Some States

On this page

Conceptual Clarity — State Legislature in India's Federal Structure

Part A — State Legislature (Arts 168–212)

1. Composition of State Legislature (Art. 168)

1.1 Bicameral States (6)

Bicameral States

Unicameral States

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

2.1 Strength

2.2 Term

2.3 Qualifications (Art. 173)

2.4 Special Powers of Vidhan Sabha

2.5 Speaker of Vidhan Sabha

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

3.1 Strength

3.2 Composition — How Members are Elected/Nominated

3.3 Term and Nature

3.4 Powers of Vidhan Parishad — Limitations

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

4.1 Procedure

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

6.2 Powers and Functions

7. Legislative Procedure in States

7.1 Ordinary Bills — Unicameral States

7.2 Ordinary Bills — Bicameral States

7.3 Money Bills (Art. 198–199)

7.4 Constitutional Amendments

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

8.1 When Can Governor Issue an Ordinance?

8.2 Conditions and Limitations

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

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

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

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

9.3 When Must Governor Reserve for President?

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

10.2 Abrogation in 2019

10.3 Supreme Court Verdict — December 2023

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

11.1 Overview

11.2 Detailed Notes on Key Articles

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

Art. 371F — Sikkim (Unique)

Art. 371H — Arunachal Pradesh

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

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

12. Prelims PYQs

13. Mains PYQs

14. 15-Minute Revision Box

Must-Remember — State Legislature & Special Provisions