State Legislatures in India: Unicameral vs Bicameral Systems

The Indian Constitution establishes a federal structure, sharing powers between the Central and State Governments. The State Legislatures, defined in Part VI and Articles 168 to 212, are integral components of this system. They handle various functions related to governance, including lawmaking, budget passage, and other legislative matters at the state level.

Role and Structure of State Legislatures in India

• Federal Structure: The Constitution divides powers between the Central and State Governments, forming a federal system.
  
• State Legislatures: These bodies serve as the main legislative units at the state level and operate according to the provisions outlined in Part VI of the Constitution, covering organization, functions, and powers.
  

Types of Legislative Systems: Unicameral vs Bicameral

• Unicameral Legislature: Most states in India have a unicameral legislature, meaning they only have one chamber (the State Legislative Assembly). This body is responsible for passing laws, approving the budget, and discussing important state and national issues.
  
  • Only six states in India have a bicameral system.
    
• Bicameral Legislature: Some states have two legislative bodies—the State Legislative Assembly and the State Legislative Council. These states include Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh. No Union Territories have a legislative council. The creation of the Tamil Nadu Legislative Council, as per the Tamil Nadu Legislative Council Act, 2010, is still pending implementation.
  

Creation and Abolition of the State Legislative Council

• Constitutional Provisions: Article 169 provides the guidelines for creating or abolishing the Legislative Council in a state. The Parliament can pass a resolution to create or abolish the council, provided the state assembly approves it with a special majority.
  
• Special Majority: A resolution requires the support of a majority of the total assembly members and at least two-thirds of those present and voting.
  
• Legislative Process: Parliament treats the creation or abolition of the council as a regular law, passing it by a simple majority, not a constitutional amendment.
• Criticism and Flexibility: The Constituent Assembly criticized the idea of a second legislative chamber for its unrepresentative nature and its potential to delay legislation. The Constitution gives states the flexibility to choose whether to have a second chamber, based on their financial strength and needs.

Composition of the State Legislature

• State Legislative Assemblies (Vidhan Sabha):
  
  • The Assembly can have between 60 and 500 constituencies, with some states like Mizoram, Goa, and Sikkim having fewer than 60 constituencies.
    
  • The Governor had the authority to nominate an Anglo-Indian member until 2019, when the 104th Constitutional Amendment removed this provision.
  • The Delimitation Commission defines constituencies, and members are elected through direct elections.
  • The number of constituencies and the total seats in the Assembly can change based on population shifts, with readjustments after each census.
    
• Tenure: The Assembly’s normal term is five years, but the Governor can dissolve it earlier. The tenure can be extended during a National Emergency, but it should not exceed one year.
  

State Legislative Council (Vidhan Parishad)

• Size: The Council’s membership cannot exceed one-third of the Assembly’s total members, with a minimum of 40 members.
  
• Election of Members: Members are elected through a variety of methods:
  
  • Local bodies like municipalities and district boards elect one-third of the members.
  • The State Legislative Assembly elects one-third of the members from non-assembly members.
  • Graduates and teachers with three years of standing in the state elect one-twelfth of the members.
  • The Governor nominates one-sixth of the members for their expertise in fields like literature, science, and social service.
    
• Tenure: The Council is a permanent body, similar to the Rajya Sabha. One-third of its members retire every two years, with each member serving a six-year term. Vacancies are filled through elections or nominations by the Governor, and members can be re-elected or re-nominated.
  

Conclusion

State Legislatures are vital to India’s federal system, responsible for lawmaking, scrutinizing the government, and representing the state’s people. Their structure—unicameral or bicameral—and their processes for creation and abolition are tailored to meet the unique needs of each state, maintaining a balance of power in the country.