Introduction 

• At present there are 28 states in the Union of India and every State has its own legislature. 
• The State legislature is a legislative body which makes law at the state level. 
• The legislature made by the Union shall have an overriding effect over the laws made by the state if there is any inconsistency between the two. 
• Chapter III of the Constitution of India, 1950 (COI) deals with the articles related to State Legislature (Article 168 to Article 177). 

Composition of the State Legislature  

• Article 168 of COI deals with the constitution of the legislature of the State.  
• There are generally two kinds of legislatures followed by the State Legislatures i.e.: 
  • Unicameral Legislation: It consists of the Governor and the Legislative Assembly (Vidhan Sabha). 
  • Bicameral Legislation: It consists of Governor, Legislative Council (Vidhan Parishad) and Legislative Assembly. 

Legislative Assembly (Vidhan Sabha) 

• Article 170 of COI deals with the composition of the Legislative Assemblies. 
• It is also known as lower house or popular house. 
• It is the most powerful body in a state legislature. 
• It shall be present in every State. 
• The Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty members chosen by direct election from territorial constituencies in the State. 
• State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. 
• Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determines. 
• The members of the Vidhan Sabha are directly elected by people on the basis of universal adult franchise. 
• Members of the Vidhan Sabha shall elect a presiding officer amongst themselves who shall be the Speaker. 

Legislative Council (Vidhan Parishad) 

• Article 169 of the COI deals with the abolition or creation of Legislative Councils in States. 
• It states that if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting then the legislative council can be formed in a state. 
• It is known as the Upper house of the state legislature. 
• It does not necessarily exist in every state. 
• Currently states like Uttar Pradesh, Bihar, Karnataka, Maharashtra and Jammu & Kashmir have Vidhan Parishad. 
• Composition of the legislative council is given under Article 171 of COI. It states that: 
  • The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State. 
  • A detailed bifurcation of the members is given under Clause (3) of the Article. 
• It is partly selected and partly nominated. 
• The member of Vidhan Parishad shall elect a presiding officer amongst themselves who shall be known as the chairman. 

Sessions of State Legislature 

• Article 174 of COI deals with the session, prorogation and dissolution of the State Legislature. 
• The State legislature shall meet twice a year and the interval between the two sessions must not exceed 6 months. 
• The Governor has the authority to summon sessions. (Article 174) 
• The Governor shall address the state legislatures. (Article 175) 
• The privileges and immunities of the members of the State Legislature are like that of members of Parliament. 
• The Governor may from time to time prorogue (either house) or dissolve the Legislative Assembly. 

Qualifications for Membership of the State Legislature (Article 173) 

• A member to be elected in either house of the State Legislature must have the following qualifications: 
  • Is a citizen of India. 
  • Is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age. 
  • Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament. 

Legislative Relations of the State and Union 

• There are four aspects of the legislative relationships between the Centre and the States which are as follows: 
  • Territorial extent of Central and State legislation 
  • Distribution of legislative subjects 
  • Parliamentary legislation in the state field 
  • Centre’s control over State legislation

Powers & Functions of State Legislature 

• Law Making Authority: 
  • The State Legislature has the power to make laws based on the matters present in the state list and concurrent list. 
  • The State Legislature shall also make money bill and ordinary bill.
• Financial Powers: 
  • Ordinary bills cab be introduced in both the houses of the state legislature (if Vidhan Parishan is present) 
  • Money bill to be introduced in the Vidhan Sabha first. 
  • The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill. 
  • The state legislature shall also have electoral and constitutional functions. 

Conclusion 

The parliament has the power to set up or abolish Vidhan Parishad in a state. It is a non-influential house as compared to Vidhan Sabha. Both houses keep a check on each other’s working and prevent arbitrary administrations and abuse of powers. State legislature has the duty to legislate the appropriate laws that are needed in a state for the free flow of democracy and for the development of the state.