Legislative Assembly (Vidhan Sabha): This is the lower house, composed of members elected directly by the people. The Assembly is responsible for formulating laws and holding the government accountable.

Legislative Council (Vidhan Parishad): This upper house consists of members who are elected and nominated. Its composition is restricted to one-third of the Legislative Assembly’s strength, with a minimum of 40 members required.

2. Unicameral Legislatures: Other states, such as Goa and Mizoram, operate a unicameral system, consisting solely of a Legislative Assembly.

Membership and Representation

Legislative Assembly (Article 170):

• The assembly must comprise a minimum of 60 members and a maximum of 500 members, elected from territorial constituencies. The distribution of constituencies aims for equitable representation, with a focus on population.

Legislative Council (Article 171):

• The Council is composed of various segments:

o Elected Members: One-third are elected by local authority members (e.g., municipalities and district boards).

o Graduates: One-twelfth are elected from among registered graduates residing in the state for at least three years.

o Teachers: Another one-twelfth are elected from among teachers engaged in educational institutions.

o Elected by Assembly Members: One-third are elected by the Legislative Assembly members from among individuals who are not members of the Assembly.

o Nominated Members: The remaining members are nominated by the Governor, typically chosen for their expertise in fields like literature, science, arts, and social service.

Duration of State Legislatures (Article 172)

The duration and functioning of state legislatures are as follows:

• Legislative Assembly: The assembly generally has a five-year term, but it can be dissolved earlier by the Governor. In cases of national emergency, the term can be extended by Parliament for a maximum of one year at a time, but not exceeding six months beyond the cessation of the emergency.

• Legislative Council: Unlike the Legislative Assembly, the Council is a permanent body. One-third of its members retire every two years, ensuring continuity while allowing for regular elections to replenish its membership.

Qualifications for Membership (Article 173)

To be eligible for election to the state legislature, candidates must meet the following criteria:

• Citizenship: Must be a citizen of India.

• Oath of Office: Candidates must take an oath or affirmation as prescribed.

• Age Requirements: Must be at least 25 years old for the Legislative Assembly and at least 30 years old for the Legislative Council.

• Additional Qualifications: Candidates must fulfill any other qualifications prescribed by law, which may vary between states.

Legislative Process

The legislative process in state legislatures is crucial for governance and follows several key stages:

1. Bill Introduction: Members introduce bills, which can originate in either house.

2. Debate and Approval: Bills undergo extensive debate and must be approved by a majority in both houses, where applicable. The Legislative Assembly typically has the final say on most matters.

3. Governor’s Assent (Article 200): After passing both houses, a bill requires the Governor’s assent to become law. The Governor can:

o Grant assent,
o Withhold assent,
o Return the bill for reconsideration, except for money bills.

Prorogation and Dissolution (Article 174)

The Governor holds significant authority over legislative sessions:

• Summoning: The Governor summons the legislature to meet, ensuring that sessions are conducted at least once every six months.

• Prorogation: The Governor can prorogue the session, ending it before the next scheduled meeting.

• Dissolution: The Governor may dissolve the Legislative Assembly. However, this power is subject to judicial review, preventing arbitrary use.

The functions of State Legislature are as follows:

• Law-Making: They draft, debate, and enact laws on a wide range of issues affecting state governance and the lives of citizens.

• Budget Approval: State assemblies are responsible for approving the state budget, which dictates the allocation of resources for various programs and services.

• Oversight and Accountability: Legislatures hold the executive branch accountable through various mechanisms, including questioning ministers, conducting inquiries, and debating policies.

• Representation: They represent diverse interests, ensuring that various communities and regions have a voice in governance.

Case Laws

1. Rameshwar Prasad vs. Union of India (2006): The Supreme Court ruled that the dissolution of an assembly cannot be justified solely for administrative convenience or good governance, underscoring the need for adherence to constitutional norms.

2. Pema Khandu vs. Speaker (2016): This case emphasized that the Governor must exercise discretion responsibly in summoning the assembly, taking into account all relevant circumstances to ensure fair governance.

3. Shivraj Singh Chouhan vs. Speaker (2020): The court upheld the Governor's decision to call for a floor test, reinforcing the principle that the government must maintain the confidence of the legislature as a collective entity.

4. Role and Importance of State Legislatures

Conclusion

State legislatures play a crucial role in India's democratic system, serving as the main bodies for law-making and governance at the state level. Their organization, functions, and procedures are laid out in the Constitution, ensuring they remain accountable and responsive to the public’s needs. It’s important for citizens to understand what state legislatures do, as this knowledge empowers them to participate more actively in the political process, contributing to a stronger democracy.