Maarg Manthan · Topic 20.1

Composition of the State Legislature: Legislative Assembly and Legislative Council (Articles 168–171)

Indian Polity › State Legislature · Topic 20.1

A state legislature consists of the Governor and the legislative assembly (60 to 500 directly elected members), plus in six states a legislative council (up to one-third of the assembly, minimum 40, indirectly elected with one-sixth nominated).

5 min read · UPSC Prelims · Polity · State Legislature

At a Glance

What it is The structure of the legislature in the states
Articles Articles 168 to 212 in Part VI; 168 to 171 on composition
Bicameral states Six: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka
Assembly size 60 to 500 members
Exam link UPSC Prelims, Polity: State Legislature

Where Does It Fit?

This is the first topic of the category on the State Legislature. The state legislature occupies a pre-eminent and central position in the political system of a state. Articles 168 to 212 in Part VI of the Constitution deal with its organisation, composition, duration, officers, procedures, privileges and powers.

Unicameral and Bicameral Legislatures

There is no uniformity in the organisation of state legislatures. Most states have an unicameral system, with the Governor and the legislative assembly. At present only six states have two Houses: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. In those, the state legislature consists of the Governor, the legislative council (Vidhan Parishad), the upper house, and the legislative assembly (Vidhan Sabha), the lower house. The Jammu and Kashmir Legislative Council was abolished by the Jammu and Kashmir Reorganisation Act, 2019. The Tamil Nadu Legislative Council Act, 2010 has not come into force. The 7th Amendment Act of 1956 provided for a Legislative Council in Madhya Pradesh, but a notification by the President has not been made, so Madhya Pradesh continues with one House.

Composition of the Legislative Assembly

The assembly consists of representatives directly elected by the people on the basis of universal adult franchise. Its maximum strength is 500 and minimum strength 60, varying with the population of the state. For Arunachal Pradesh, Sikkim and Goa the minimum is 30, and for Mizoram and Nagaland it is 40 and 46 respectively. Some members of the assemblies of Sikkim and Nagaland are elected indirectly. Before 2020, the Governor nominated one member of the Anglo-Indian community if the community was not adequately represented; the 104th Amendment Act of 2019 ended this and the provision ceased on 25 January 2020.

Each state is divided into territorial constituencies so that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state. After each census, the total number of seats and the division into constituencies are to be readjusted, as Parliament determines; Parliament has enacted Delimitation Commission Acts in 1952, 1962, 1972 and 2002. The 42nd Amendment of 1976 froze seats and constituencies at the 1971 level till 2000; the 84th Amendment Act of 2001 extended the freeze to 2026. The 87th Amendment Act of 2003 provided for delimitation on the basis of the 2001 census without altering the total number of seats. Seats are reserved for the scheduled castes and scheduled tribes on the basis of population ratios; the reservation lasts until 2030 under the 104th Amendment.

Why the Council Is Smaller

The council’s maximum strength is fixed at one-third of the assembly so that the directly elected House predominates in the legislative affairs of the state. Its members come from different groups, namely local bodies, graduates, teachers, legislators and nominees of the Governor, which is why it is called heterogeneous. This design contrasts with the Rajya Sabha, whose members represent the states and Union territories. The scheme of the council’s composition is only tentative, and Parliament is authorised to modify or replace it, though it has not enacted any such law so far.

Composition of the Legislative Council

Members of the council are indirectly elected. The maximum strength is one-third of the total strength of the assembly and the minimum is 40; the size depends on the assembly, which ensures the predominance of the directly elected House, though the actual strength is fixed by Parliament.

Share of the council	Chosen by
1/3	Members of local bodies in the state such as municipalities and district boards
1/12	Graduates of three years standing residing in the state
1/12	Teachers of three years standing, not lower than secondary school
1/3	Members of the legislative assembly from among persons who are not members of the assembly
Remainder (1/6)	Nominated by the Governor from people with special knowledge or practical experience of literature, science, art, the cooperative movement and social service

Thus 5/6 of the council is indirectly elected and 1/6 nominated, using proportional representation by the single transferable vote. This scheme is tentative: Parliament is authorised to modify or replace it but has not done so.

Why Is This Topic Important?

Numbers Strengths are asked often
Bicameral states List of six is a favourite
Council composition Fractions are standard

What Came Next?

The next topic covers abolition or creation of legislative councils under Article 169.

Key People and Terms

Vidhan Sabha Legislative assembly
Vidhan Parishad Legislative council
Unicameral One House
Bicameral Two Houses
Delimitation Fixing constituency boundaries

Exam Corner

Points to Remember

Assembly: 60 to 500 members.
Council: not more than one-third of assembly, minimum 40.
Six states have councils.
Council: 1/3 + 1/12 + 1/12 + 1/3 + 1/6.

Do Not Confuse With

Assembly and council Direct versus indirect election
Maximum and minimum One-third of assembly; 40
Governor-nominated members Council has them; assembly none after 2020

Memory Hook

Sixty to five hundred in the assembly; a third and forty at least in the council; six states have two Houses.

Mains Angle

Questions on this topic usually ask about the role of the second chamber. Use these points to add depth.

No uniformity States choose between one and two Houses
Heterogeneous council Many interests represented
Delimitation freeze Until 2026
Reservation SC/ST seats until 2030

A Question You May Face

An original practice question, not a past paper question.

“Describe the composition of the state legislature and the differences between the assembly and the council.”

How to Answer

Introduction Articles 168 to 171.
Assembly Strength and election.
Council Fractions.
Conclusion Predominance of the assembly.

GS Relevance

Prelims: Indian Polity, state legislature. GS Paper 2: State legislature.

Frequently Asked Questions

Which states have legislative councils?

At present only six states have two Houses: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. The Jammu and Kashmir Legislative Council was abolished in 2019, and Madhya Pradesh has not been notified for one though provided in 1956.

What is the strength of a legislative assembly?

The maximum strength is 500 and the minimum is 60, depending on the size of the state’s population. The minimum is 30 for Arunachal Pradesh, Sikkim and Goa, 40 for Mizoram and 46 for Nagaland.

How are members of the legislative council chosen?

One-third are elected by members of local bodies, one-twelfth by graduates, one-twelfth by teachers, one-third by members of the assembly from outside it, and the remainder, one-sixth, are nominated by the Governor for special knowledge or experience.

What is the strength of a legislative council?

The maximum strength of a council is one-third of the total strength of the assembly, and the minimum is 40, though the actual strength is fixed by Parliament. This ensures the predominance of the directly elected assembly.

What happened to Anglo-Indian nomination in the assembly?

Before 2020 the Governor could nominate one Anglo-Indian member if the community was not adequately represented. The 104th Amendment Act of 2019 did not extend it, and it ceased to have effect on 25 January 2020.

PYQ Practice — Statement Analysis

1 Every state has a bicameral legislature.

False

Only six states.

2 The maximum strength of a legislative council is one-half of the assembly.