State Legislature

The state legislature occupies a preeminent and central position in the political system of
a state.

Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition,
duration, officers, procedures, privileges, powers and so on of the state legislature.

Though these are similar to that of Parliament, there are some differences as well

Summary: Organization of State Legislature

1. Structure of State Legislature

o Articles 168 to 212 in Part VI of the Indian Constitution define the
organization, composition, duration, and powers of state legislatures.
o The structure of state legislatures varies across states.
o States can have either a unicameral or bicameral system.
2. Unicameral vs. Bicameral Legislatures
o Unicameral System: Most states have only one House (Legislative Assembly).
o Bicameral System: Some states have two Houses (Legislative Assembly +
Legislative Council).
o As of 2019, six states have bicameral legislatures:
 Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and
Karnataka.
o Jammu & Kashmir’s Legislative Council was abolished under the J&K
Reorganisation Act, 2019.
3. Legislative Council (Vidhan Parishad)
o The upper house in a bicameral system.
o Known as the House of Elders, similar to the Rajya Sabha at the national level.
o Not directly elected by the people.
4. Legislative Assembly (Vidhan Sabha)
o The lower house and the primary legislative body.
o Known as the popular house, as members are directly elected by voters.
5. Creation or Abolition of Legislative Councils
o The Parliament of India can create or abolish a Legislative Council in a state.
o Requires a resolution passed by the state assembly with a special majority
(majority of total membership + two-thirds of present & voting members).
o This process is not considered a Constitutional Amendment and is passed as
an ordinary law.
6. Debate on Legislative Councils
o Criticism in the Constituent Assembly:
 Not representative of the people.
 Delays the legislative process.
 Expensive to maintain.
o States were given the freedom to decide based on their needs and financial
strength.
 7. Examples of Legislative Council Abolition & Revival
o Andhra Pradesh:
 Created in 1957, abolished in 1985, revived in 2007.
o Tamil Nadu:
 Abolished in 1986, attempted revival in 2010, but repealed in 2011.
o Punjab & West Bengal:
 Legislative Councils abolished in 1969.

This section highlights the varied structure of state legislatures, the debate over Legislative
Councils, and the flexibility given to states in deciding their legislative framework.

Let me know if you need further refinements or a more detailed breakdown! 😊

Detailed Summary: Composition of State Legislature (Legislative Assembly & Legislative

Council)

1. Composition of Legislative Assembly (Vidhan Sabha - Lower House)

A. Strength of the Assembly

 The Legislative Assembly consists of members directly elected by the people through
universal adult franchise.
 Maximum strength: 500 members.
 Minimum strength: 60 members.
 Exceptions for smaller states:
o Arunachal Pradesh, Sikkim, Goa → Minimum 30 members.
o Mizoram → Minimum 40 members.
o Nagaland → Minimum 46 members.
 Some MLAs in Sikkim & Nagaland are indirectly elected.

B. Nominated Member

 The Governor can nominate 1 Anglo-Indian member if the community is

underrepresented.
 Originally, this provision was temporary (until 1960), but was extended every 10 years.
 95th Constitutional Amendment Act (2009) extended this provision until 2020.
 104th Constitutional Amendment Act (2019) abolished this nomination provision.

C. Territorial Constituencies & Representation

  The state is divided into territorial constituencies for direct elections.
 Uniform Representation:
o The ratio of population to seats must be the same across all constituencies
within a state.
o "Population" refers to the latest census figures published before the elections.

D. Readjustment After Every Census

 Seat readjustment occurs after each census, modifying:

1. Total number of seats in the Assembly.
2. Division of territorial constituencies.
 Parliament determines the process through the Delimitation Commission Acts of
1952, 1962, 1972, and 2002.

Freezing of Seat Readjustments

 42nd Amendment Act (1976) froze seat readjustments until 2000, based on the 1971
Census.
 84th Amendment Act (2001) extended the freeze until 2026, to promote population
control measures.
 87th Amendment Act (2003):
o Allowed delimitation based on the 2001 Census,
o Without changing the total number of seats.

E. Reservation of Seats for SCs & STs

 Seats are reserved for Scheduled Castes (SCs) & Scheduled Tribes (STs) in
proportion to their population in the state.
 Originally meant for 10 years (until 1960), but continuously extended every 10 years.
 95th Constitutional Amendment Act (2009) extended reservation until 2020.

2. Composition of Legislative Council (Vidhan Parishad - Upper House)

A. Strength of the Council

 Members of the Legislative Council (MLCs) are indirectly elected.

 Maximum strength: 1/3rd of the total strength of the Legislative Assembly.
 Minimum strength: 40 members.
 The actual strength of each state’s Council is decided by Parliament.
B. Manner of Election of Legislative Council Members

 Indirect election system, ensuring diverse representation:

1. 1/3rd elected by local bodies → Municipalities, district boards, etc.
2. 1/12th elected by university graduates → Must be a graduate for at least 3
years.
3. 1/12th elected by teachers → Must have 3 years of teaching experience
(secondary level or above).
4. 1/3rd elected by MLAs → Chosen from non-MLAs of the state.
5. Remaining members (1/6th) nominated by the Governor → Experts in
literature, science, arts, cooperative movement, and social service.

Election Process

 Proportional Representation System using the single transferable vote method.

 Governor’s nominations cannot be challenged in court.

C. Flexibility in Legislative Council Structure

 The Constitution allows modifications in the structure of the Legislative Council.

 Parliament has the power to modify or replace the election system.
 No modifications have been made so far.

Comparison: Legislative Assembly vs. Legislative Council

Legislative Assembly (Vidhan Legislative Council (Vidhan

Feature
Sabha) Parishad)
Lower House (Primary lawmaking
Type of House Upper House (Advisory role)
body)
Permanent body; 1/3rd members
Tenure 5 years (unless dissolved earlier)
retire every 2 years
1/3rd of Assembly’s strength
Strength 60 to 500 members
(min. 40 members)
Indirect election + Governor
Election Method Direct election by the people
nominations
Control Over Can pass a No-Confidence Motion to
Cannot remove the government
Government remove the government
Can introduce and approve Money Can only suggest changes, cannot
Money Bills
Bills reject Money Bills
Law-Making Final authority on all bills Can delay bills but cannot reject
 Legislative Assembly (Vidhan Legislative Council (Vidhan
Feature
Sabha) Parishad)
Powers them
Can be dissolved by the Governor on Permanent body (not subject to
Dissolution
CM’s advice dissolution)

Conclusion

 Legislative Assembly (Vidhan Sabha) is the primary legislative body and has greater
powers than the Legislative Council.
 Legislative Council (Vidhan Parishad) is an advisory house, mainly to revise and
delay legislation.
 The bicameral system exists only in six states, while most states have only a
Legislative Assembly.
 The reservation and seat readjustment system ensures fair representation in state
legislatures.

This detailed summary covers all aspects of the composition of both Houses. Let me know if
you need any further refinements or a downloadable version! 😊

Detailed Summary: Membership of State Legislature

The membership of the State Legislature is governed by the Constitution and relevant laws,
ensuring that only qualified individuals hold legislative positions. The eligibility,
disqualifications, oath-taking, and vacation of seats are all regulated under strict provisions.

1. Qualifications for Membership

To be eligible to become a member of the Legislative Assembly (Vidhan Sabha) or the

Legislative Council (Vidhan Parishad), a person must fulfill the following constitutional
requirements:

A. Constitutional Qualifications

A person must:

1. Be a citizen of India.
2. Make and subscribe to an oath or affirmation before an officer authorized by the
Election Commission. In the oath, the person swears:
o To bear true faith and allegiance to the Constitution of India.
o To uphold the sovereignty and integrity of India.
 3. Be at least 30 years old for the Legislative Council and 25 years old for the Legislative
Assembly.
4. Possess other qualifications as prescribed by Parliament.

B. Additional Qualifications Under the Representation of People Act (1951)

According to the Representation of People Act (1951), additional qualifications are:

1. For the Legislative Assembly:

o The person must be a registered voter in any Assembly constituency of the
concerned state.
2. For the Legislative Council:
o The person must be an elector for an Assembly constituency in the state.
o If nominated by the Governor, the person must be a resident of the state.
3. For Reserved Seats (SC/STs):
o A person contesting a reserved seat must belong to a Scheduled Caste (SC) or
Scheduled Tribe (ST).
o However, SC/ST candidates can contest general seats as well.

2. Disqualifications for Membership

A person shall be disqualified from being elected or continuing as a member of the

Legislative Assembly or Legislative Council if they:

A. Constitutional Disqualifications

A person is disqualified if they:

1. Hold an office of profit under the Union or State Government (except ministers or
offices exempted by the State Legislature).
2. Are of unsound mind, as declared by a court.
3. Are an undischarged insolvent (a person who cannot pay debts).
4. Are not a citizen of India, have voluntarily acquired foreign citizenship, or
acknowledge allegiance to a foreign country.
5. Are disqualified under any law made by Parliament.

B. Disqualifications Under the Representation of People Act (1951)

The Representation of People Act (1951) adds more disqualifications:

1. Conviction for certain election-related offenses (like bribery, corruption, or false

statements).
2. Conviction for any criminal offense leading to imprisonment of two or more years.
o Exception: Preventive detention is not a disqualification.
 3. Failure to submit election expenditure accounts within the required time.
4. Engagement in government contracts or business (which creates a conflict of interest).
5. Holding a key position (director, managing agent, etc.) in a government-controlled
corporation (where the government owns at least 25% of shares).
6. Dismissal from government service due to corruption or disloyalty to the state.
7. Conviction for promoting enmity between different groups or for offenses like
bribery.
8. Conviction for social crimes such as untouchability, dowry, or sati practices.

C. Decision on Disqualification

 If a question arises about a member’s disqualification, the Governor makes the final
decision.
 However, the Governor must consult the Election Commission before making a
decision.

3. Disqualification on Grounds of Defection (Tenth Schedule)

 A member shall be disqualified under the Tenth Schedule if they defect from their
political party.
 Defection occurs if a member:
1. Voluntarily gives up party membership.
2. Votes against party directions in the Legislature without prior permission.
3. Joins another political party after being elected as an independent candidate.
4. Defies party whip (i.e., votes against their party’s decision).

A. Decision Authority

 For Legislative Assembly → The Speaker decides the disqualification.

 For Legislative Council → The Chairman decides the disqualification.
 Judicial Review: In 1992, the Supreme Court ruled that the Speaker/Chairman’s
decision can be challenged in court.

4. Oath or Affirmation

A. Mandatory Oath Before Taking Office

 Every member of either House of the State Legislature must take an oath or affirmation
before the Governor (or an appointed person).
 The oath includes:
1. True faith and allegiance to the Constitution of India.
2. Upholding the sovereignty and integrity of India.
 3. Faithfully discharging the duties of the office.

B. Consequences of Not Taking Oath

A member cannot:

 Vote in the Legislature.

 Participate in debates or House proceedings.
 Claim privileges and immunities of the State Legislature.

C. Penalty for Sitting or Voting Unlawfully

A person is liable to pay ₹500 per day if they:

1. Sit or vote without taking the prescribed oath.

2. Knowingly continue to be a member despite being disqualified.
3. Violate laws restricting participation in House proceedings.

5. Vacation of Seats in State Legislature

A member must vacate their seat under the following conditions:

A. Double Membership Prohibited

 A person cannot be a member of both Houses (Legislative Assembly and Legislative

Council) at the same time.
 If elected to both Houses, they must vacate one seat as per the law set by the State
Legislature.

B. Disqualification

 If a member becomes disqualified, their seat automatically becomes vacant.

C. Resignation

 A member may resign voluntarily by submitting a written resignation to:

o Speaker (for Legislative Assembly).
o Chairman (for Legislative Council).
 The seat becomes vacant once the resignation is accepted.

D. Absence from House Meetings

 If a member is absent for 60 consecutive days without permission, the House can
declare their seat vacant.
E. Other Cases of Vacancy

A member’s seat shall be vacated if they:

1. Their election is declared void by a court.

2. Are expelled by the House due to misconduct.
3. Are elected as the President or Vice-President of India.
4. Are appointed as the Governor of a state.

Conclusion

 The Constitution lays down clear qualifications and disqualifications for members of
the State Legislature.
 The Tenth Schedule ensures party discipline, while the Governor has the final say on
disqualifications (after consulting the Election Commission).
 Taking an oath is mandatory for all members before they can participate in the House.
 Members may lose their seat due to resignation, disqualification, absence, or double
membership.

This detailed summary covers all aspects of State Legislature Membership. Let me know if
you need any refinements or a formatted document for download! 😊

Detailed Summary: Legislative Procedure in the State Legislature

The legislative procedure in the State Legislature is similar to that of Parliament, with some
differences in bicameral and unicameral legislatures. Bills in the State Legislature are classified
into:

1. Ordinary Bills (for general legislation).

2. Money Bills (related to financial matters).

1. Ordinary Bills
A. Introduction in the Originating House

 An Ordinary Bill can originate in either House (if the state has a bicameral
legislature).
 It can be introduced by a minister or any other member (unlike Money Bills, which
must be introduced only by a minister).
 The bill goes through three stages:
1. First Reading → Introduction & title reading.
2. Second Reading → Detailed discussion, amendments, and voting.
3. Third Reading → Final debate & voting.
 If the bill is passed by the originating House, it is sent to the second House
(Legislative Council in bicameral states).
 In unicameral states, the bill goes directly to the Governor for assent.

B. Consideration in the Second House (Legislative Council)

 The Legislative Council has four options when a bill is sent from the Legislative
Assembly:
1. Pass the bill as it is (without changes).
2. Pass the bill with amendments and return it to the Assembly for reconsideration.
3. Reject the bill altogether.
4. Take no action (keep the bill pending).
 If the Legislative Council passes the bill without amendments or if the Legislative
Assembly accepts the amendments, the bill is deemed passed and sent to the
Governor for assent.
 If the Legislative Assembly rejects the amendments or if the Council rejects the bill
or delays it, the Assembly can re-pass the bill and send it back to the Council.
 If the Council rejects the bill again or does not act within one month, the bill is
deemed passed in the form passed by the Assembly for the second time.

C. No Joint Sitting for Ordinary Bills

 Unlike Parliament, the State Legislature does not have a provision for a joint sitting
to resolve deadlocks between the two Houses.
 This means the Legislative Council can delay an Ordinary Bill for a maximum of 4
months (3 months in the first instance and 1 month if returned).
 If the bill originated in the Council and is rejected by the Assembly, the bill becomes
void.

D. Assent of the Governor

Once an Ordinary Bill is passed by both Houses, it is sent to the Governor for approval. The
Governor has four options:

1. Give assent → The bill becomes a law.

2. Withhold assent → The bill ends and does not become law.
3. Return the bill for reconsideration → If the bill is re-passed, the Governor must give
assent.
4. Reserve the bill for the President’s consideration → The President may then approve,
reject, or return the bill.

 The Governor’s veto power is only suspensive, meaning if the bill is re-passed by the
Assembly, the Governor must give assent.
 This is similar to the President’s power at the national level.

E. Assent of the President

 If a bill is reserved for the President, the President has three options:
1. Give assent → The bill becomes a law.
2. Withhold assent → The bill does not become law.
3. Return the bill to the State Legislature for reconsideration.
 If the bill is re-passed, it is sent back to the President.
 The Constitution does not specify whether the President must give
assent after re-passage.

2. Money Bills

A. Special Procedure for Money Bills

 Money Bills can only be introduced in the Legislative Assembly (not in the
Legislative Council).
 The Governor’s recommendation is required before introduction.
 Only a Minister can introduce a Money Bill.

B. Role of Legislative Council in Money Bills

 After the Legislative Assembly passes the Money Bill, it is sent to the Legislative
Council, which has restricted powers:
1. The Council cannot amend or reject the bill.
2. It can only make recommendations and must return the bill within 14 days.
3. The Assembly can accept or reject the recommendations.
4. If the Council does not return the bill within 14 days, the bill is automatically
deemed passed.
Thus, the Legislative Assembly has more power over Money Bills than the Council. The
Council can only delay a Money Bill for a maximum of 14 days.

C. Role of the Governor in Money Bills

 Once a Money Bill is passed, it is sent to the Governor for assent.

 The Governor has three options:
1. Give assent → The bill becomes law.
2. Withhold assent → The bill does not become law.
3. Reserve the bill for the President’s assent.
 Unlike an Ordinary Bill, the Governor cannot return a Money Bill for
reconsideration.

D. Role of the President in Money Bills

 If a Money Bill is reserved for the President’s consideration, the President has two
options:
1. Give assent → The bill becomes a law.
2. Withhold assent → The bill does not become law.
 The President cannot return a Money Bill for reconsideration, unlike an Ordinary
Bill.

Detailed Summary: Position of the Legislative Council in the State Legislature

The Legislative Council (Vidhan Parishad) is the upper house in bicameral state
legislatures. Its position and powers are significantly weaker than those of the Legislative
Assembly (Vidhan Sabha).

The constitutional position of the Legislative Council is analyzed in two aspects:

1. Where it is equal to the Legislative Assembly.

2. Where it is weaker than the Legislative Assembly.

A. Spheres Where the Legislative Council is Equal to the Legislative Assembly

The Council has equal powers with the Assembly in the following matters:

1. Introduction and Passage of Ordinary Bills

o Both Houses can introduce and pass Ordinary Bills.
o However, if there is a disagreement, the Assembly’s decision prevails.
2. Approval of Governor’s Ordinances
o Both Houses approve ordinances issued by the Governor.
 3. Selection of Ministers, including the Chief Minister
o Ministers (including the Chief Minister) can be from either House.
o However, the Council of Ministers is responsible only to the Assembly.
4. Consideration of Reports from Constitutional Bodies
o Both Houses consider reports from:
 State Finance Commission
 State Public Service Commission
 Comptroller and Auditor General (CAG) of India
5. Enlargement of State Public Service Commission’s Jurisdiction
o Both Houses participate in decisions to expand the Public Service
Commission’s authority.

B. Spheres Where the Legislative Council is Weaker than the Legislative Assembly

The Council is weaker in the following key areas:

1. Role in Money Bills

Feature Legislative Assembly Legislative Council

Introduction Only in the Assembly Cannot introduce
Amend or Cannot amend or reject, only
Has full authority
Reject? recommend
Time Limit No time limit Must return within 14 days
Can accept or reject Council’s No power after sending
Final Decision
recommendations recommendations

 The final power over Money Bills rests with the Assembly.
 The Speaker of the Assembly decides whether a bill is a Money Bill.

2. Power Over Ordinary Bills

Feature Legislative Assembly Legislative Council

Introduction Can introduce Can introduce
Can delay for up to 4 months (3 months first,
Passage Can pass with full authority
then 1 month)
Final Decision Assembly’s decision prevails Must accept Assembly’s decision
Rejection Can reject a Council-
Cannot reject an Assembly-originated bill
Power originated bill

 The Council can only delay a bill, not permanently block it.
 The Assembly can override the Council’s decision.
  If a bill originates in the Council and is rejected by the Assembly, it becomes void.

3. Budget and Financial Control

Feature Legislative Assembly Legislative Council

Discuss the Budget Full authority Can only discuss, no voting rights
Vote on Demands for Grants Exclusive right to vote No power to vote

 The Council has no role in approving government spending.

 Only the Assembly can vote on the Budget.

4. Government Accountability

Feature Legislative Assembly Legislative Council

Can remove
Can pass No-Confidence Motion Cannot remove government
government?
Ministerial Ministers are responsible to the No power over the
Responsibility Assembly Executive

 The Council cannot remove the government.

 Only the Assembly can pass a No-Confidence Motion to remove the Chief Minister and
Council of Ministers.

5. Role in Constitutional Amendments

Feature Legislative Assembly Legislative Council

Ratification of Constitutional
Has authority No effective role
Amendments
Assembly’s decision Must accept Assembly’s
Final Decision
prevails decision

 The Council has no effective say in constitutional amendments.

6. Election-Related Powers

Feature Legislative Assembly Legislative Council

Electing the President of India Participates Does not participate
 Feature Legislative Assembly Legislative Council
Electing State’s Representatives to Rajya Sabha Participates Does not participate

 The Council does not participate in electing the President.

 The Council does not elect Rajya Sabha members from the state.

7. Existence of the Legislative Council Depends on the Assembly

 The Council can be abolished by Parliament on the Assembly’s recommendation.

 The Assembly can initiate the abolition of the Council through a special resolution.

Thus, the Assembly has ultimate control over the existence of the Council.

C. Comparison: Legislative Council vs. Rajya Sabha

Feature Legislative Council (State) Rajya Sabha (Centre)

Yes, except in financial
Equal to Lower House? No, Assembly dominates
matters
Can Delay Bills For? 4 months 6 months
Money Bill Role Can only recommend Can only recommend
Controls Government? No No
Yes, by Assembly’s
Can Be Abolished? No, permanent body
resolution
Role in Constitutional
Minimal Equal to Lok Sabha
Amendments?

 The Legislative Council is much weaker than the Rajya Sabha.

 The Rajya Sabha has equal power with the Lok Sabha in non-financial matters, but
the Council is inferior to the Assembly in all respects.

D. Criticism of the Legislative Council

The Council has been criticized for its limited role and powers, leading some to call it:

 A "secondary chamber"
 A "costly ornamental luxury"
 A "white elephant"
 A "refuge for defeated politicians"
Critics argue that:

1. It serves as a place for rejected politicians to enter state politics.

2. It does not truly represent the people, as its members are not directly elected.
3. It delays legislation unnecessarily, without having real power.

E. Arguments in Favor of the Legislative Council

Despite criticism, supporters argue that the Council has some benefits:

1. Acts as a Revising Body

o Prevents hasty legislation passed by the Assembly.
2. Represents Intellectuals & Experts
o Eminent professionals and scholars (scientists, artists, writers) can be
nominated.
o Provides expertise in lawmaking.

Conclusion

 The Legislative Council is significantly weaker than the Legislative Assembly.

 The Council can only delay legislation, not block it.
 The Assembly has ultimate control over lawmaking, finances, and government
accountability.
 The Council has some usefulness, but its lack of direct representation and limited
powers make its role weaker than even the Rajya Sabha at the national level.

This detailed summary covers the powers, weaknesses, and importance of the Legislative
Council. Let me know if you need any further refinements or a formatted document for
download! 😊\

Summary: Position of the Legislative Council in the State Legislature

The Legislative Council (Vidhan Parishad) is the upper house in bicameral state
legislatures. However, its powers and status are significantly weaker compared to the
Legislative Assembly (Vidhan Sabha). The Assembly holds greater authority in legislative
matters, especially in financial and government-related decisions. The Council serves more as a
revising and advisory body rather than a decision-making authority.

The position of the Council can be understood in two aspects:

🔹 A. Spheres Where the Legislative Council is Equal to the Assembly

1️⃣ Ordinary Bills: Both Houses can introduce and pass ordinary bills, but in case of a
disagreement, the Assembly’s decision prevails.

2️⃣ Approval of Governor’s Ordinances: The Council participates in approving ordinances

issued by the Governor.

3️⃣ Selection of Ministers (Including Chief Minister): Ministers can be from either House,
but they are responsible only to the Assembly.

4️⃣ Consideration of Reports from Constitutional Bodies: Both Houses consider reports from:

 State Finance Commission

 State Public Service Commission
 Comptroller and Auditor General (CAG)

5️⃣ Enlargement of the State Public Service Commission’s Jurisdiction: Both Houses play a
role in expanding the Commission’s authority.

🔸 B. Spheres Where the Legislative Council is Weaker Than the Assembly

1️⃣ Money Bills:

 Can be introduced only in the Assembly.

 The Council cannot reject or amend a Money Bill; it can only make
recommendations.
 The Council must return a Money Bill within 14 days, after which the Assembly’s
decision becomes final.

2️⃣ Ordinary Bills:

 The final authority lies with the Assembly.

 The Council can delay a bill for a maximum of 4 months (3 months first, then 1
month).
 If the Assembly rejects a bill initiated by the Council, it becomes void.
3️⃣ Budget and Financial Control:

 The Council can discuss the budget but has no power to vote on demands for grants.

4️⃣ Government Accountability:

 The Council cannot remove the government by passing a No-Confidence Motion.

 The Assembly holds exclusive power over government accountability.

5️⃣ Role in Constitutional Amendments:

 The Council has no real say in constitutional amendments, as the Assembly’s

decision prevails.

6️⃣ Election Powers:

 The Council does not participate in the election of:

o The President of India.
o The State’s representatives in Rajya Sabha.

7️⃣ Council’s Existence Depends on the Assembly:

 The Assembly can recommend abolishing the Council, and Parliament can act on this
recommendation.

🔹 C. Comparison: Legislative Council vs. Rajya Sabha

Feature Legislative Council (State) Rajya Sabha (Centre)

Yes, except in financial
Equal to Lower House? No, Assembly dominates
matters
Can Delay Bills For? 4 months 6 months
Money Bill Role Can only recommend Can only recommend
Controls Government? No No
Yes, by Assembly’s
Can Be Abolished? No, permanent body
resolution
Role in Constitutional
Minimal Equal to Lok Sabha
Amendments?

 Unlike Rajya Sabha, which has significant legislative power, the Legislative Council is
mostly advisory.
 Rajya Sabha has equal power with the Lok Sabha in non-financial matters, while
the Council is dominated by the Assembly in all aspects.
🔸 D. Criticism of the Legislative Council

The Council has been criticized for its limited role and powers, leading some to call it:

 A "secondary chamber"
 A "costly ornamental luxury"
 A "white elephant"
 A "refuge for defeated politicians"

Critics argue that:

1️⃣ It serves as a place for politicians who lost in Assembly elections to still hold power.
2️⃣ It lacks direct representation of the people, as its members are indirectly elected.
3️⃣ It delays legislation without having real power to make changes.

🔹 E. Arguments in Favor of the Legislative Council

Despite criticism, supporters argue that the Council has some benefits:

1️⃣ Acts as a Revising Body:

 Prevents hasty or poorly framed legislation passed by the Assembly.

2️⃣ Represents Intellectuals & Experts:

 Eminent professionals, scholars, and experts (scientists, artists, writers) can be

nominated.
 Provides valuable insights in lawmaking.

🔸 Conclusion

 The Legislative Council is significantly weaker than the Assembly.

 The Council can only delay legislation, not block it.
 The Assembly has ultimate control over lawmaking, finances, and government
accountability.
 The Council has some usefulness, but its lack of direct representation and limited
powers make its role weaker than even the Rajya Sabha at the national level.
This detailed summary provides a comprehensive analysis of the Legislative Council’s
position, powers, and limitations. Let me know if you need any refinements or a formatted
document for download! 😊

ORRR

Detailed Summary: Position of the Legislative Council in the State Legislature

The Legislative Council (Vidhan Parishad) is the upper house in bicameral state
legislatures. Its position and powers are significantly weaker than those of the Legislative
Assembly (Vidhan Sabha).

The constitutional position of the Legislative Council is analyzed in two aspects:

1. Where it is equal to the Legislative Assembly.

2. Where it is weaker than the Legislative Assembly.

A. Spheres Where the Legislative Council is Equal to the Legislative Assembly

The Council has equal powers with the Assembly in the following matters:

1. Introduction and Passage of Ordinary Bills

o Both Houses can introduce and pass Ordinary Bills.
o However, if there is a disagreement, the Assembly’s decision prevails.
2. Approval of Governor’s Ordinances
o Both Houses approve ordinances issued by the Governor.
3. Selection of Ministers, including the Chief Minister
o Ministers (including the Chief Minister) can be from either House.
o However, the Council of Ministers is responsible only to the Assembly.
4. Consideration of Reports from Constitutional Bodies
o Both Houses consider reports from:
 State Finance Commission
 State Public Service Commission
 Comptroller and Auditor General (CAG) of India
5. Enlargement of State Public Service Commission’s Jurisdiction
o Both Houses participate in decisions to expand the Public Service
Commission’s authority.

B. Spheres Where the Legislative Council is Weaker than the Legislative Assembly

The Council is weaker in the following key areas:

1. Role in Money Bills

Feature Legislative Assembly Legislative Council

Introduction Only in the Assembly Cannot introduce
Amend or Cannot amend or reject, only
Has full authority
Reject? recommend
Time Limit No time limit Must return within 14 days
Can accept or reject Council’s No power after sending
Final Decision
recommendations recommendations

 The final power over Money Bills rests with the Assembly.
 The Speaker of the Assembly decides whether a bill is a Money Bill.

2. Power Over Ordinary Bills

Feature Legislative Assembly Legislative Council

Introduction Can introduce Can introduce
Can delay for up to 4 months (3 months first,
Passage Can pass with full authority
then 1 month)
Final Decision Assembly’s decision prevails Must accept Assembly’s decision
Rejection Can reject a Council-
Cannot reject an Assembly-originated bill
Power originated bill

 The Council can only delay a bill, not permanently block it.
 The Assembly can override the Council’s decision.
 If a bill originates in the Council and is rejected by the Assembly, it becomes void.

3. Budget and Financial Control

Feature Legislative Assembly Legislative Council

Discuss the Budget Full authority Can only discuss, no voting rights
Vote on Demands for Grants Exclusive right to vote No power to vote

 The Council has no role in approving government spending.

 Only the Assembly can vote on the Budget.

4. Government Accountability
 Feature Legislative Assembly Legislative Council
Can remove
Can pass No-Confidence Motion Cannot remove government
government?
Ministerial Ministers are responsible to the No power over the
Responsibility Assembly Executive

 The Council cannot remove the government.

 Only the Assembly can pass a No-Confidence Motion to remove the Chief Minister and
Council of Ministers.

5. Role in Constitutional Amendments

Feature Legislative Assembly Legislative Council

Ratification of Constitutional
Has authority No effective role
Amendments
Assembly’s decision Must accept Assembly’s
Final Decision
prevails decision

 The Council has no effective say in constitutional amendments.

6. Election-Related Powers

Feature Legislative Assembly Legislative Council

Electing the President of India Participates Does not participate
Electing State’s Representatives to Rajya Sabha Participates Does not participate

 The Council does not participate in electing the President.

 The Council does not elect Rajya Sabha members from the state.

7. Existence of the Legislative Council Depends on the Assembly

 The Council can be abolished by Parliament on the Assembly’s recommendation.

 The Assembly can initiate the abolition of the Council through a special resolution.

Thus, the Assembly has ultimate control over the existence of the Council.

C. Comparison: Legislative Council vs. Rajya Sabha

 Feature Legislative Council (State) Rajya Sabha (Centre)
Yes, except in financial
Equal to Lower House? No, Assembly dominates
matters
Can Delay Bills For? 4 months 6 months
Money Bill Role Can only recommend Can only recommend
Controls Government? No No
Yes, by Assembly’s
Can Be Abolished? No, permanent body
resolution
Role in Constitutional
Minimal Equal to Lok Sabha
Amendments?

 The Legislative Council is much weaker than the Rajya Sabha.

 The Rajya Sabha has equal power with the Lok Sabha in non-financial matters, but
the Council is inferior to the Assembly in all respects.

D. Criticism of the Legislative Council

The Council has been criticized for its limited role and powers, leading some to call it:

 A "secondary chamber"
 A "costly ornamental luxury"
 A "white elephant"
 A "refuge for defeated politicians"

Critics argue that:

1. It serves as a place for rejected politicians to enter state politics.

2. It does not truly represent the people, as its members are not directly elected.
3. It delays legislation unnecessarily, without having real power.

E. Arguments in Favor of the Legislative Council

Despite criticism, supporters argue that the Council has some benefits:

1. Acts as a Revising Body

o Prevents hasty legislation passed by the Assembly.
2. Represents Intellectuals & Experts
o Eminent professionals and scholars (scientists, artists, writers) can be
nominated.
o Provides expertise in lawmaking.
Conclusion

 The Legislative Council is significantly weaker than the Legislative Assembly.

 The Council can only delay legislation, not block it.
 The Assembly has ultimate control over lawmaking, finances, and government
accountability.
 The Council has some usefulness, but its lack of direct representation and limited
powers make its role weaker than even the Rajya Sabha at the national level.