One of the striking features of the Indian constitution is that it provides for a federal form of government. The states in the Union of India have independent legislative powers which are exercised by respective state legislatures. The constitution provides for a legislature for every state in the Union. The legislature of every state consists of the Governor and a House or houses of legislature. The legislatures in the state are either bicameral (consisting of two houses) or unicameral (consisting of one house). State legislatures are responsible for making laws and policies on matters within the jurisdiction of the state.
Indian constitution’s Part-VI deals with government in the states. Specifically, Article 168 to Article 212 deals with the state legislature organisation, composition, duration, powers, procedures and various other provisions for its effective functioning.
Composition of the State Legislature in India
As mentioned earlier, the state legislature consists of-
- The Governor,
- State Legislative Assembly, and
- State Legislative Council (in case of bicameral legislature).
Composition and Role of the State Legislative Assembly (Vidhan Sabha)
It is the lower house of the state legislature, also known as Vidhan Sabha, comprising members directly elected by the people registered as voters in the concerned state based on the universal adult franchise.
Composition of the State Legislative Assembly in India
- Maximum Strength:
- The constitution prescribes a maximum strength of 500 for the legislative assembly of a state.
- Number of members in the state legislative assembly depends primarily on the population of the state. For instance, the most populous state in India, Uttar Pradesh also has the highest number of members (403 members) in the legislative assembly.
- Minimum Strength:
- The constitution prescribes a minimum strength of 60 for the legislative assembly of the state.
- However, there are few exceptions to this provision- Arunachal Pradesh, Sikkim and Goa states have minimum strength fixed at 30 and in Mizoram and Nagaland it is fixed at 40 and 46 respectively.
Previously, there was a provision for nomination of a member from the Anglo-Indian community to the legislative assembly of the state. However, this provision was removed by the Constitution (104th Amendment) Act, 2020. |
Territorial Constituencies and Delimitation in State Legislature in India
- Demarcation of boundaries:
- Every state is divided into territorial constituencies for the purpose of general elections to the state legislative assembly.
- Such demarcation of territorial constituencies is done on the basis of recommendations of the Delimitation Commission constituted under the Delimitation Act of the parliament.
- Till date, the parliament has passed four such delimitation acts in 1952, 1962, 1972, and in 2002.
- Present demarcation of constituencies for state assemblies, except for Jammu & Kashmir, is based on the 2001 census figures. Demarcation of Legislative assembly constituencies in the UT of Jammu & Kashmir is based on the 2011 census figures.
- Allocation of seats: Every state in the union of India has been allocated seats in their respective state legislative assemblies based on the population figures of 1971 census.
- Population Ratio: The ratio between population of each constituency and number of seats allotted to it should, as far as practicable, be uniform throughout the state.
Reservation of Seats in State Legislative Assemblies
Article 332 provides for reservation for Schedule Castes and Scheduled Tribes in the state legislative assemblies based on their population.
- Such reservation of seats is not applicable to legislative councils.
- The candidate must belong to the scheduled caste community in order to contest an election for a seat reserved for scheduled castes. Same is the case with respect to reserved seats for scheduled tribes.
- A candidate belonging to SCs or STs can also contest elections from unreserved constituencies.
Duration of the State Legislature in India
- Five year term: The legislative assembly has a term of five years from the date of its first meeting after general elections to state assembly. The completion of a five year term leads to its automatic dissolution and a new legislative assembly is elected through general elections to the state assembly.
- Exceptions: However, the legislative assembly can be dissolved by the governor before completion of five years in following circumstances:
- If the council of ministers led by the CM recommends dissolution of assembly.
- If a no-confidence motion is passed against the council of ministers and no party or coalition of parties command a majority in the assembly.
- Extension of term: During the proclamation of National Emergency, tenure of legislative assemblies can be extended by an act of the parliament for a period of one year at a time.