How is State Legislature organized?

Q.  Which of the following are true regarding organization of State Legislatures?

1) Part 5 of the Constitution of India deals with organization of State Legislatures.
2) Bihar has Legislative Council.
3) 21 Indian states have unicameral State Legislature.
4) Parliament can abolish a Legislative Council or create it, if the Legislative Assembly of the concerned state wants.
- Published on 07 Mar 17

a. 1, 2, 3
b. 2, 4
c. 1, 4
d. 2, 3, 4

ANSWER: 2, 4
 
  • Articles 168 to 212 in Part 6 of the Constitution deal with the organization, composition, duration, officers, etc. of the State Legislature.

    • Organization of State Legislature -

  • There is no uniformity in the organization of State Legislatures.

  • At present, only 7 states have two Houses (bicameral).

  • These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.

  • The Tamil Nadu Legislative Council Act, 2010 has not come into force.

  • The Legislative Council in Andhra Pradesh was revived by the Andhra Pradesh Legislative Council Act, 2005.

  • The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh.

  • However, a notification to this effect has to be made by the President.

  • Since till now, no such notification has been made, Madhya Pradesh continues to have one House only.

  • The 22 states have unicameral system.

  • Here, the state legislature consists of the Governor and the Legislative Assembly.

  • In the states having bicameral system, the state legislature consists of the Governor, the Legislative Council and the Legislative Assembly.

  • The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the Legislative Assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

  • The Constitution provides for the abolition or creation of Legislative Councils in states.

  • Parliament can abolish a Legislative Council or create it, if the Legislative Assembly of the concerned state passes a resolution to that effect.

  • Such a specific resolution must be passed by the State Assembly by a special majority.

  • This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (i.e., by simple majority).

  • The provision was made for the abolition or creation of a Legislative Council to enable a state to have a second chamber or not according to its own willingness and financial strength.

  • For example, Andhra Pradesh got the Legislative Council created in 1957 and got the same abolished in 1985.

  • The Legislative Council in Andhra Pradesh was again revived in 2007, after the enactment of the Andhra Pradesh Legislative Council Act, 2005.

  • The Legislative Council of Tamil Nadu had been abolished in 1986 and that of Punjab and West Bengal in 1969.

  • The Legislative Assembly of Tamil Nadu passed another resolution in 2011 seeking the abolition of the proposed Legislative Council.

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