Just as Parliament makes laws for the whole country, every Indian State has its own State Legislature to make laws for that State. This is a high-frequency NDA Polity area because the facts are crisp and rarely change. Lock down the two Houses, the Governor's role and a handful of special provisions, and these become near-guaranteed marks in your General Studies paper.
Why This Topic Wins You Marks
In the NDA General Studies (Polity) section, the State Legislature appears almost every year, often paired with a question on the Governor or a special provision. Examiners love it because the answers are factual and unambiguous — once you learn the Articles and numbers, there is no guesswork.
The trick is that most students prepare Parliament thoroughly but treat the State Legislature as an afterthought. That is exactly why the examiner sets it: to separate the careful candidate from the careless one.
Study the State Legislature as a mirror of Parliament. Vidhan Sabha ↔ Lok Sabha, Vidhan Parishad ↔ Rajya Sabha, Governor ↔ President. Note the differences, because that is where the marks hide.
This page builds the topic from the ground up — the two Houses, their composition and term, the law-making process, the relative strength of each House, and the special provisions for certain States.
The Structure of the State Legislature
Articles 168 to 212 of the Constitution deal with the organisation, powers and procedures of the State Legislatures. Article 168 says the State Legislature consists of the Governor and one or two Houses.
Unicameral vs Bicameral
- A unicameral State has only the Vidhan Sabha (Legislative Assembly).
- A bicameral State has both the Vidhan Sabha and the Vidhan Parishad (Legislative Council).
Most States in India are unicameral. Only a small number have a Legislative Council.
The Governor is an integral part of the State Legislature, just as the President is a part of Parliament. A State bill becomes law only after the Governor assents to it.
Creating or abolishing a Council
Under Article 169, Parliament can create or abolish a Vidhan Parishad if the concerned State Assembly passes a resolution by a special majority (majority of total membership and two-thirds of those present and voting).
Vidhan Sabha: The Legislative Assembly
The Vidhan Sabha is the lower and more powerful House of the State Legislature. Its members are directly elected by the people of the State on the basis of universal adult franchise.
Strength
Under Article 170, the strength of an Assembly is between a maximum of 500 and a minimum of 60 members. Some small States have a lower minimum fixed by special provisions (for example, Sikkim, Goa and Mizoram).
Term and nomination
- The normal term of the Assembly is five years, but it can be dissolved earlier by the Governor.
- During a National Emergency, the term can be extended by one year at a time.
- The Governor could nominate one member from the Anglo-Indian community — but this provision lapsed after the 104th Amendment (2019).
Membership of the Assembly requires a minimum age of 25 years. For the Legislative Council it is 30 years — exactly mirroring the Lok Sabha and Rajya Sabha age limits.
Vidhan Parishad: The Legislative Council
The Vidhan Parishad is the upper House and exists only in bicameral States. It is a permanent body that is not subject to dissolution, like the Rajya Sabha.
Strength and term
- Its total strength must not exceed one-third of the Assembly's strength, and must not be less than 40 members (Article 171).
- Members serve a term of six years; one-third retire every two years.
How members are chosen
The composition is a partly-elected, partly-nominated mix:
- 1/3 elected by members of local bodies (municipalities, district boards).
- 1/3 elected by members of the Legislative Assembly.
- 1/12 elected by graduates of three years' standing.
- 1/12 elected by teachers of three years' standing in secondary or higher institutions.
- 1/6 nominated by the Governor from persons with knowledge of literature, science, art, the cooperative movement and social service.
Remember the ratio: 1/3 + 1/3 + 1/12 + 1/12 + 1/6 = 1. About 5/6 of the Council is indirectly elected and only 1/6 is nominated.
The Governor and the Legislature
The Governor is the constitutional head of the State and the link between the State executive and the Legislature, much like the President at the Centre.
Legislative powers of the Governor
- Summons, prorogues the Houses and dissolves the Assembly.
- Addresses the Legislature and sends messages to it.
- Nominates members to the Council (1/6 share).
- Gives assent to bills, withholds assent, or reserves a bill for the President's consideration.
- Promulgates ordinances under Article 213 when the Legislature is not in session.
Students forget that the Governor can reserve a bill for the President. This is a key power that has no exact parallel for the President at the Centre. Once reserved, the State Legislature loses control over that bill's fate.
When a bill is presented, the Governor may also return a non-money bill for reconsideration; if the House passes it again, the Governor must assent.
How a Bill Becomes Law in a State
The law-making process closely follows Parliament, but with one big difference in the power of the upper House.
Ordinary bills
An ordinary bill can start in either House (in a bicameral State). After passing one House it goes to the other. If the Legislative Council delays, rejects or amends the bill, the Assembly can simply pass it again.
The Legislative Council can delay an ordinary bill by a maximum of about four months (3 months on the first journey + 1 month on the second). It has no power to defeat the will of the Assembly. There is no joint sitting mechanism in States.
Money bills
- A money bill can be introduced only in the Assembly, on the recommendation of the Governor.
- The Council can keep a money bill for a maximum of 14 days and may only recommend changes, which the Assembly can accept or reject.
On a money bill, the Council is even weaker than the Rajya Sabha is in spirit — its delaying power is just 14 days, and its recommendations are not binding.
Why the Assembly is Stronger than the Council
This comparison is a favourite NDA question. The Vidhan Sabha dominates the Vidhan Parishad even more decisively than the Lok Sabha dominates the Rajya Sabha.
- Only the Assembly controls the State government; the Council cannot remove the Council of Ministers (no no-confidence motion in the Council).
- A money bill can originate only in the Assembly.
- The Council can be created or abolished by Parliament on the Assembly's resolution — the Council has no such power over the Assembly.
- In disputes over ordinary bills, the Assembly's will prevails without any joint sitting.
Do not assume the Legislative Council works like the Rajya Sabha. The Rajya Sabha has some equal powers (e.g., constitutional amendments). The Legislative Council is a purely advisory and revising body with no decisive power.
Special Provisions for Certain States
Part XXI of the Constitution (Articles 369 to 392) contains temporary, transitional and special provisions. The NDA paper most often tests Articles 370 and 371.
Article 370
Article 370 granted special autonomous status to Jammu and Kashmir. It was effectively abrogated in August 2019, and the State was reorganised into the Union Territories of Jammu & Kashmir and Ladakh.
Articles 371 to 371-J
These give special provisions to States such as Maharashtra and Gujarat (371), Nagaland (371-A), Assam (371-B), Manipur (371-C), Andhra Pradesh/Telangana (371-D), Sikkim (371-F), Mizoram (371-G), Arunachal Pradesh (371-H) and the Hyderabad-Karnataka region (371-J).
Article 371-A (Nagaland) and 371-G (Mizoram) protect customary law, social practices and land ownership. No Act of Parliament on these subjects applies unless the State Assembly so decides.
Link each sub-Article to its State as a one-to-one pair. NDA loves “match the Article to the State” framing — 371-A is the single most asked of these.
Worked Example: Sizing a Legislative Council
Let us work through a numerical question of the type the NDA paper sets, using the strength rules.
A State has a Legislative Assembly with 240 members and decides to set up a Legislative Council. Find the maximum and minimum permissible strength of the Council.
So the answer is a maximum of 80 and a minimum of 40 members. If the “one-third” figure ever falls below 40, the floor of 40 still applies.
For any “maximum Council” sum, take one-third of the Assembly and round down to a whole number — you cannot have a fraction of a member.
Sessions, Quorum and Privileges
A few crisp procedural facts that examiners set as quick one-liners.
- Sessions: The gap between two sessions of the Legislature must not exceed six months (Article 174).
- Quorum: The quorum for a sitting is 10% of the total members of the House, or 10 members, whichever is greater (Article 189).
- Presiding officers: The Assembly elects a Speaker and Deputy Speaker; the Council elects a Chairman and Deputy Chairman.
- Privileges: Members enjoy freedom of speech within the House (Article 194) and cannot be sued for anything said there.
- Anti-defection: The Tenth Schedule applies to State legislators too; the Speaker/Chairman decides disqualification on the ground of defection.
The State Legislature can make laws on subjects in the State List and the Concurrent List. On the Concurrent List, a Central law prevails over a conflicting State law (Article 254).
Previous-Year Style Question
Here is the kind of question you should expect in the NDA paper, with the reasoning spelt out.
Q. Consider the following statements about the State Legislature in India:
1. The maximum strength of a Legislative Council cannot exceed one-third of the strength of the Legislative Assembly.
2. A money bill can be introduced in either House of a bicameral State Legislature.
3. The Legislative Council is a permanent House and is not subject to dissolution.
Which of the above statements is/are correct?
Answer: Statements 1 and 3 are correct. Statement 2 is wrong — a money bill can be introduced only in the Legislative Assembly, on the Governor's recommendation. The Council's strength is capped at one-third of the Assembly (statement 1), and the Council is a permanent body with one-third of its members retiring every two years (statement 3).
In “which statements are correct” questions, the trap is usually a power wrongly given to the Council. Watch for words like “either House” attached to money bills — that is almost always the false option.
Quick Revision
Run through this list the night before your exam and the topic is locked in.
- Articles 168-212 govern the State Legislature; the Governor is a part of it.
- Vidhan Sabha – lower House, directly elected, strength 60 to 500, term 5 years.
- Vidhan Parishad – permanent upper House, never exceeds 1/3 of the Assembly, minimum 40, term 6 years.
- Council composition: 1/3 + 1/3 + 1/12 + 1/12 + 1/6; only 1/6 nominated by the Governor.
- Money bills start only in the Assembly; the Council can delay them just 14 days.
- Council can delay an ordinary bill about 4 months; no joint sitting in States.
- Article 169 – Parliament creates or abolishes a Council on the Assembly's special-majority resolution.
- Article 370 abrogated (2019); 371-A Nagaland and 371-G Mizoram protect customary law.
- Inter-session gap ≤ 6 months; quorum is 10% or 10 members.
Practise five PYQs on this topic and you should comfortably clear every State Legislature question The Cavalier sets in its mock tests.
Frequently asked questions
What is the difference between Vidhan Sabha and Vidhan Parishad?
The Vidhan Sabha (Legislative Assembly) is the directly elected, more powerful lower House that controls the State government. The Vidhan Parishad (Legislative Council) is a partly-elected, partly-nominated, permanent upper House with only advisory and revising powers.
Can every State have a Legislative Council?
Yes, but only if Parliament creates one under Article 169 after the State Assembly passes a resolution by a special majority. Most Indian States are unicameral and have only a Legislative Assembly.
How long can the Legislative Council delay a money bill?
A money bill can be introduced only in the Legislative Assembly, and the Council can detain it for a maximum of 14 days. The Council may only recommend changes, which the Assembly is free to accept or reject.
What was Article 370 and what happened to it?
Article 370 gave special autonomous status to Jammu and Kashmir. It was effectively abrogated in August 2019, and the State was reorganised into the Union Territories of Jammu & Kashmir and Ladakh.
What is the minimum and maximum strength of a State Legislative Assembly?
Under Article 170, the strength of a Legislative Assembly ranges from a minimum of 60 to a maximum of 500 members. Some small States such as Sikkim, Goa and Mizoram have a lower minimum fixed by special provisions.
Related NDA Polity topics
Want a teacher to walk you through NDA Polity?
Cavalier's NDA batches break every topic into classroom sessions with daily practice, tests and doubt-clearing.