⚖️ Constitutional Provisions

Article 168 – Constitution of Legislature

• A State Legislature consists of:
• Governor
• Legislative Assembly – in all States
• Legislative Council – in Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana, Uttar Pradesh

Article 169 – Creation/Abolition of Legislative Council

• Parliament may by law create or abolish Legislative Council for a State.
• Pre-requisite: Legislative Assembly passes resolution to that effect by a majority of not less than 2/3rd members of Assembly present and voting.
• A law creating/abolishing Legislative Council is not deemed amendment of Constitution under Article 368.

Article 170 – Composition of Legislative Assembly

• Legislative Assembly shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies.
• Each State shall be divided into territorial constituencies of nearly equal population.
• Population for this purpose means 2001 census till first census after 2026.
• Readjustment after each census to be done by authority determined by Parliament.

Article 171 – Members of Legislative Council

• Number of members: Maximum 1/3rd of Legislative Assembly members, Minimum 40.
• Composition:
• 1/3rd elected by MLAs
• 1/3rd elected by members of municipalities and local authorities
• 1/12th elected by graduates of 3 years standing
• 1/12th elected by teachers of 3 years standing in secondary schools and higher
• 1/6th nominated by the Governor with special knowledge or experience in Science, Art, Literature, Social service, Cooperative movement

Article 172 – Duration of State Legislatures

• Legislative Assembly – 5 years normal tenure, can be dissolved earlier.
• During Emergency, term may be extended by Parliament by one year at a time but not beyond 6 months from end of Emergency.
• Legislative Council – Not subject to dissolution; 1/3rd members retire every 2 years.

Article 173 – Qualifications for Membership

• Should be a citizen of India.
• Should make oath before a person authorized by Election Commission.
• Minimum age: 25 years for Assembly, 30 years for Council.
• Other qualifications prescribed by Parliament by law.

Article 174 – Sessions, Prorogation and Dissolution

• Houses to be summoned by Governor; not more than 6 months between two sessions.
• Governor may prorogue Houses and dissolve Legislative Assembly.

Article 175 – Rights of Governor

• Governor has the right to address either House or joint sitting of Legislature.
• May send messages to either House relating to a pending bill or otherwise.

Article 176 – Special Address by Governor

• Governor shall address the Assembly, or both Houses assembled together, at:
• First session after each general election to Assembly
• First session of each calendar year

Article 177 – Rights of Ministers

• Every Minister has the right to speak and participate in proceedings of either House but not to vote.
• Advocate General of the State also has similar rights.

Article 178 – Officers of Legislative Assembly

• Legislative Assembly shall choose one member as Speaker and another as Deputy Speaker when offices become vacant.

Article 179 – Removal

• Speaker or Deputy Speaker can be removed by resolution of Assembly passed by majority of all members after 14 days notice.
• Speaker or Deputy Speaker vacates office if ceases to be a member of Assembly.
• On dissolution, Speaker continues until first meeting of new Assembly.

Article 180 – Vacancy

• If Speaker’s office is vacant, duties performed by Deputy Speaker.
• If both are vacant, duties performed by member appointed by Governor.
• When both are absent, duties performed by person as determined by rules or Assembly.

Article 181 – Removal Proceedings

• During removal proceedings of Speaker, he shall not preside, though present.
• Similar provision applies for Deputy Speaker.
• Speaker has right to speak and take part in proceedings but can vote only in first instance and not in case of equality of votes.

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