State Legislature — Vidhan Sabha & Vidhan Parishad

Constitutional Basis

Part VI, Articles 168–212 of the Constitution deal with the legislatures of states. Article 168 establishes the legislature of every state consisting of the Governor and — depending on the state — either one or two houses.

• Unicameral legislature: Governor + Vidhan Sabha (Legislative Assembly) — most states
• Bicameral legislature: Governor + Vidhan Parishad (Legislative Council) + Vidhan Sabha — six states

The creation or abolition of a State Legislative Council is governed by Article 169, which requires:

1. The State's Vidhan Sabha to pass a resolution by a special majority (majority of total membership + two-thirds of members present and voting)
2. Parliament to enact a law (by simple majority — not a Constitutional Amendment under Article 368)

States with Legislative Council (Vidhan Parishad)

As of 2025, six states have a bicameral legislature with a Vidhan Parishad:

Note: Jammu & Kashmir had a Legislative Council before the reorganisation in 2019. The J&K Reorganisation Act, 2019 abolished the Legislative Council; the Legislative Assembly was retained — J&K UT continues to have a unicameral legislature.

Composition of the Vidhan Sabha (Legislative Assembly)

• Article 170 — composition of the Legislative Assembly
• Maximum strength: 500 members; minimum: 60 members. Constitutional exceptions to the 60-minimum: Goa (40), Sikkim (32), Mizoram (40) under specific constitutional provisions (Goa Daman Diu Reorganisation Act; Sikkim under Article 371F; Mizoram under Statehood Act). Note: Nagaland Vidhan Sabha has 60 seats — exactly the minimum; it is NOT below 60. Puducherry (33 elected + 3 nominated = 36 total) is a UT Legislative Assembly under Article 239A, not a State Assembly
• Members are directly elected by the people through universal adult franchise from single-member territorial constituencies (First Past the Post system)
• Article 172 — Term: 5 years; may be dissolved earlier by the Governor; can be extended by 1 year at a time during National Emergency
• The Governor's power to nominate one member from the Anglo-Indian community under Article 333 was abolished by the 104th Constitutional Amendment Act, 2019 (came into force 25 January 2020) — the amendment also ended the parallel reservation in the Lok Sabha (Art 331)
• Article 189 — Quorum: One-tenth of total membership of the House
• Article 173 — Qualifications: must be citizen of India, 25 years (for Vidhan Sabha) or 30 years (for Vidhan Parishad); must possess other qualifications prescribed by Parliament (RPA, 1951)

Composition of the Vidhan Parishad (Legislative Council)

• Maximum strength: One-third of the total membership of the Vidhan Sabha of the state
• Minimum strength: 40 members
• Permanent house: Cannot be dissolved; one-third of members retire every two years (like Rajya Sabha)
• Term of each member: 6 years

Mode of election of members:

Money Bills in State Legislatures

Article 198 governs the procedure for Money Bills in state legislatures — it mirrors the Lok Sabha procedure at the Centre.

• A Money Bill can be introduced only in the Vidhan Sabha, not the Vidhan Parishad
• After passage in the Vidhan Sabha, it is transmitted to the Vidhan Parishad
• The Vidhan Parishad can hold it for a maximum of 14 days — after which it is deemed passed in the form transmitted by the Vidhan Sabha
• The Vidhan Parishad cannot amend a Money Bill — only recommend amendments (which the Vidhan Sabha may or may not accept)
• Article 199 defines what constitutes a Money Bill for state legislatures (mirrors Article 110 for Parliament)

The Speaker of the Vidhan Sabha certifies whether a bill is a Money Bill. In bicameral states, the Vidhan Parishad is far weaker on financial legislation than on ordinary legislation.

Dissolution vs Prorogation in State Legislatures

The Governor's power to dissolve the Vidhan Sabha was examined in the landmark S.R. Bommai v. Union of India (1994) case, where the Supreme Court held that the majority of a government must be tested on the floor of the House — not outside it — before recommending dissolution.

Powers of the Speaker (Vidhan Sabha)

The Speaker of the Vidhan Sabha exercises virtually identical powers to the Lok Sabha Speaker:

• Presides over sessions; maintains order and decorum
• Final authority on certification of Money Bills
• Decides disqualification of members under the Tenth Schedule (anti-defection)
• Casts a casting vote in case of a tie
• Removes from the Chamber unruly members

The Speaker is elected by the Vidhan Sabha from among its members and continues in office even after dissolution, until the new House meets and elects a new Speaker.

Article 213 — Governor's Ordinance Power

Parallel to the President's Article 123 power, the Governor can promulgate ordinances when the State Legislature is not in session and immediate action is required.

2022 GS2 Mains tested this directly: "Discuss the essential conditions for exercise of the legislative powers by the Governor and the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature."

Article 192 — Disqualifications of MLAs

The state equivalent of Article 103 (for MPs). A person is disqualified for being chosen as, and for being, a member of a State Legislative Assembly or Legislative Council if he/she:

1. Holds an office of profit under the Government of India or State Government (other than as a Minister or specifically exempted office)
2. Is of unsound mind (declared by a competent court)
3. Is an undischarged insolvent
4. Is not a citizen of India, or has voluntarily acquired citizenship of a foreign state
5. Is disqualified by any law made by Parliament (e.g., Section 8 of the Representation of People Act, 1951 — corruption, criminal conviction, election expense violations)

Article 192(2): The Governor decides on the question of disqualification — but must obtain the opinion of the Election Commission (which is binding under Art 192(2), unlike Art 103 where President's reliance on EC opinion is also binding). Tenth Schedule disqualifications are decided by the Speaker/Chairman (a separate route).

Lily Thomas v. UOI (2013) — applies at the state level too: an MLA convicted of a criminal offence with sentence of 2 years or more stands immediately disqualified (Section 8(4) RPA struck down).

Anti-Defection in State Legislatures

The Tenth Schedule (inserted by the 52nd Constitutional Amendment, 1985) applies equally to state legislatures. Key provisions:

• A member is disqualified if they voluntarily give up membership of the political party on whose ticket they were elected
• A member is disqualified if they vote or abstain contrary to their party's whip without prior permission and the party has not condoned the action within 15 days
• Merger exemption: At least two-thirds of the members of the legislative party must agree to the merger for it to be valid — a split of less than two-thirds leads to disqualification
• Deciding authority: The Speaker/Chairman of the respective House — but the Supreme Court in Kihoto Hollohan v. Zachillhu (1992) upheld the Schedule while clarifying that the Speaker's order is subject to judicial review, though courts should not intervene until a final decision is made
• Time limit on Speaker: In Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020), the SC fixed a "reasonable time" of 3 months for Speakers to decide disqualification petitions; the Court also recommended that Parliament consider transferring anti-defection adjudication to a permanent independent tribunal
• Speaker himself facing disqualification: Following Subhash Desai (2023), the question of whether a Speaker facing a notice of removal can decide other disqualification petitions is pending before a 7-judge bench reconsideration of Nabam Rebia (2016)

Legislative Procedure: Key Differences from Parliament

On ordinary bills in bicameral states: If the Vidhan Parishad rejects, amends, or holds a bill for more than 3 months, the Vidhan Sabha may pass it again. The bill does not require a joint sitting — after the Vidhan Sabha passes it a second time, it is deemed passed (unlike Parliament's joint sitting mechanism).

Recent Developments (2024–2026)

J&K Legislative Assembly Restored After Elections (September–October 2024)

Jammu and Kashmir — currently a Union Territory with a Legislature — held Assembly elections in September–October 2024 following the Supreme Court's December 2023 direction in the Article 370 case. The National Conference–Congress alliance won and formed the government. J&K's Legislative Assembly functions under a special legal framework distinct from a standard Vidhan Sabha: the Lieutenant Governor retains significant powers (transferred subjects including police and public order) beyond those of a typical Governor.

This is constitutionally relevant because J&K's assembly is the only state-level legislature in a UT (barring Delhi and Puducherry) and its powers are circumscribed differently from full state legislatures under Articles 168–212.

UPSC angle: Prelims — J&K elections September–October 2024; UT with Legislature; LG retains police/public order. Mains — compare the legislative powers of Vidhan Sabhas in States vs Assemblies in UTs; what constitutional framework governs J&K's Assembly after 2019?

Anti-Defection Cases — Maharashtra, Telangana, and Tenth Schedule (2022–2024)

The Maharashtra political crisis (2022–2023) involving Eknath Shinde splitting the Shiv Sena raised profound questions about the Tenth Schedule. The Supreme Court in Subhash Desai v. Principal Secretary, Governor of Maharashtra (decided 11 May 2023) — a 5-judge Constitution Bench (CJI D.Y. Chandrachud + Justices M.R. Shah, Krishna Murari, Hima Kohli, P.S. Narasimha) — held that:

• The Governor was not justified in calling upon Thackeray to prove his majority on the floor of the House (no objective material existed showing loss of confidence)
• However, the Court could NOT quash Thackeray's resignation (he resigned voluntarily before the floor test) — therefore the Thackeray government could NOT be restored
• The Governor was justified in inviting Shinde to form the government (after Thackeray's resignation)
• The disqualification petitions against Shinde-faction MLAs were referred back to the Speaker for fresh decision
• Important referral: The Court referred parts of the Nabam Rebia (2016) judgment for reconsideration to a 7-judge bench — specifically on the question of whether a Speaker facing a disqualification motion can himself decide other disqualification petitions

In Telangana (2024–2025), the Supreme Court in Padi Kaushik Reddy v. State of Telangana (2025 INSC 912; Division Bench: CJI B.R. Gavai + Justice A.G. Masih) criticised the Speaker for extended delays in deciding disqualification petitions, reiterating that delayed decisions undermine the purpose of the anti-defection law in Vidhan Sabhas. The Court also warned the Speaker of "gross contempt" in a November 2025 follow-up if the disqualification petitions were not decided within reasonable time.

UPSC angle: Prelims — Subhash Desai v. Governor of Maharashtra (2023); Padi Kaushik Reddy (2025); Tenth Schedule; Speaker delays. Mains — critically examine deficiencies in the anti-defection law as they manifest in State Legislatures; should an independent tribunal replace the Speaker?

Manipur Vidhan Sabha Resumed — President's Rule Lifted (February 2026)

President's Rule under Article 356 had been imposed in Manipur on 13 February 2025 following the resignation of CM N. Biren Singh amid ongoing ethnic violence. President Murmu revoked PR on 4 February 2026, and Yumnam Khemchand Singh (former Speaker of the Manipur Assembly 2017–22) was sworn in as the new CM on the same day, with two Deputy CMs from the Kuki-Zo and Naga communities as a deliberate ethnic-balance arrangement. The Vidhan Sabha resumed legislative business after almost one year of central administration.

This is constitutionally relevant because: (a) it is the 11th time Manipur has been under President's Rule — the highest for any state; (b) the Vidhan Sabha's revival illustrates the operation of Article 174 (Governor summons sessions) and the 6-month maximum gap rule.

UPSC angle: Prelims — Manipur PR imposed 13 February 2025 (11th instance, highest for any state); revoked 4 February 2026; Yumnam Khemchand Singh sworn in as new CM; Vidhan Sabha resumed. Mains — assess the constitutional implications of mass suspensions of State Legislatures via Article 356; how does the ethnic-balance arrangement (Meitei CM + Kuki-Zo + Naga Deputy CMs) address federal-ethnic concerns?

Bihar Legislative Assembly Elections — NDA Landslide, First BJP CM (November 2025 – April 2026)

The Bihar Vidhan Sabha elections were held on 6 and 11 November 2025 (243 seats). Results declared 14 November 2025: the BJP-led NDA won a landslide of 202 seats (NDA: BJP 89, JD(U) 85, LJP (Ram Vilas) 19, others); the RJD-led Mahagathbandhan secured only 35 seats. Nitish Kumar took oath as CM for a record tenth time. He subsequently won election to the Rajya Sabha and resigned as CM on 14 April 2026; Samrat Chaudhary (BJP, former Deputy CM) was sworn in as Bihar's 24th CM on 15 April 2026 — the first BJP leader to serve as Bihar's Chief Minister.

UPSC angle: Prelims — Bihar elections 6 and 11 November 2025; NDA 202/243 seats; BJP 89 (single largest for first time); Nitish Kumar tenth oath; Samrat Chaudhary sworn in 15 April 2026 (first BJP CM of Bihar). Mains — examine the constitutional mechanism by which a CM elected to the Rajya Sabha vacates the Chief Ministership; discuss the role of Governor in swearing in a new CM under Article 164.

West Bengal Legislative Assembly Elections — BJP Wins Historically (April–May 2026)

West Bengal Legislative Assembly elections were held in two phases on 23 and 29 April 2026 (294 seats). Results declared 4 May 2026: the BJP won 177+ seats (majority threshold 148), defeating the incumbent Trinamool Congress (TMC) led by Mamata Banerjee, who herself lost the Bhabanipur constituency to BJP's Suvendu Adhikari. This is the first time the BJP has formed a government in West Bengal, ending TMC's three-term, 15-year rule. Suvendu Adhikari was sworn in as the first BJP Chief Minister of West Bengal. Voter turnout was approximately 94% — the highest ever recorded for any state assembly election in India.

UPSC angle: Prelims — West Bengal elections April–May 2026; BJP won 177+ seats, majority 148; Suvendu Adhikari as CM; first BJP government in West Bengal; 94% turnout (historic high). Mains — analyse how Article 164 and the Governor's role in government formation applied in West Bengal 2026; discuss the role of the anti-defection law and floor-test conventions in the context of a newly elected majority.

Women's Reservation — Brought into Force, Operationally Pending (April 2026)

The Constitution (106th Amendment) Act, 2023 — popularly known as the Nari Shakti Vandan Adhiniyam — reserves one-third of seats in Vidhan Sabhas (and the Delhi Assembly) for women. It inserts Articles 330A and 332A (and Article 334A on operative conditions).

Status as of May 2026 — IN FORCE but not yet operative: On 16 April 2026, the Union Ministry of Law and Justice issued a gazette notification bringing the 106th Amendment into force. The notification appointed 16 April 2026 as the date on which the provisions of the Act commenced. However, the 33% reservation itself remains operationally inoperative because Article 334A requires:

1. The first census taken after the Act's commencement date (Census 2027 — not yet completed)
2. A subsequent delimitation exercise based on the census figures

The operational reservation is therefore expected to be applied from the 2029 general elections at the earliest. Additionally, on 17 April 2026, the Constitution (131st Amendment) Bill, 2026 — which would have increased Lok Sabha seats from 543 to 850 to facilitate the operationalisation — was DEFEATED in the Lok Sabha (298 votes; required 352 for two-thirds majority).

This is a structural change to the composition of State Legislatures that will require significant adjustment in how political parties field candidates and how reservations within SC/ST seats are allocated.

UPSC angle: Prelims — 106th Amendment, 2023; Articles 330A, 332A, 334A; brought into force 16 April 2026 (but reservation not yet operational); 131st Amendment Bill 2026 (delimitation, defeated 17 April 2026, 298 vs 352 required). Mains — examine the procedural and political challenges in implementing women's reservation in State Assemblies; assess the defeat of the 131st Amendment Bill (delimitation) and its impact on the 106th Amendment's operationalisation; which states currently have the highest/lowest women representation?

High-Yield Confusion Pairs (Rule C)

Past UPSC Questions (Verified from BharatNotes' Datasets)

Prelims:

• 2018 — Speaker's vacation of office (Art 179(a), Art 180(1))
• 2018 — Effect of Article 356 — Parliament exercises State's legislative power (Art 357)
• 2018 — Article 361 — Governor immunity from criminal proceedings; emoluments cannot be diminished
• 2019 — Sarkaria Commission: "Governors should be eminent persons from outside the State"
• 2014 — Discretionary powers of Governor — PR report + reserving Bills
• 2013 — No procedure for removal of Governor (Art 156)
• 2025 — Anti-defection (10th Sch) — Speaker decides, not President

Mains GS2:

• 2022 (15M) — "Discuss the essential conditions for exercise of the legislative powers by the Governor and the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature." — Art 213; D.C. Wadhwa 1987; Krishna Kumar Singh 2017. 📋 Open in PYQ engine →
• 2023 (15M) — "Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s." 📋 Browse 2023 GS2 PYQs →
• 2021 (15M) — "Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations." 📋 Browse 2021 GS2 PYQs →
• 2023 (10M) — "Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality." 📋 Browse 2023 GS2 PYQs →

Cross-paper relevance

• GS2 (primary) — State Legislature architecture; Arts 168-212, 213; Tenth Schedule; Money Bills; Speaker delays
• GS2 — Centre-State — Governor's role in state legislative process; reservation of Bills under Art 200
• GS3 — Internal Security — Manipur Vidhan Sabha; ethnic-conflict states
• GS4 (Ethics) — Speaker impartiality; anti-defection vs conscience vote
• Essay — "Federalism and the State Legislature"; "Bicameralism — a state-level deliberation"

Exam Strategy

Critical distinctions:

• Vidhan Parishad — 1/3 elected by MLAs, 1/6 nominated by Governor (not 1/3 nominated — a common error)
• No joint sitting in states — Vidhan Sabha's second passing of the bill resolves deadlocks
• 104th Amendment, 2019 — ended Anglo-Indian nomination to Vidhan Sabhas
• 6 states with Vidhan Parishad as of 2025 — UP, Maharashtra, Karnataka, Bihar, AP, Telangana

Mnemonic for 6 states: "Uttar Pradesh, Maharashtra, Karnataka, Bihar, Andhra Pradesh, Telangana" — UMKBAT.

Cross-link: For current affairs on floor tests, anti-defection cases, and state politics, follow Ujiyari.com.