STATE LEGISLATURE

• No uniformity in structure across states.

Composition of Legislative Assembly (Vidhan Sabha)

• Maximum: 500 members
• Minimum: 60 members
  • Exceptions:
    • Arunachal Pradesh, Goa, Sikkim – 30 members
    • Mizoram – 40 members
    • Nagaland – 46 members
    • Some members in Mizoram and Nagaland are indirectly elected

Composition of Legislative Council (Vidhan Parishad) – Indirectly Elected

Category	Proportion
Local Bodies	1/3rd
Members of Legislative Assembly (among non-members)	1/3rd
Graduates (3 years standing)	1/12th
Teachers (not lower than secondary level, 3 years standing)	1/12th
Nominated by Governor (Literature, Science, Arts, Cooperative Movement, Social Service)	1/6th

• Governor’s nomination cannot be challenged in court
• Nominee must be a resident of the concerned state
• Legislative Council Composition is tentative (Parliament has the power to modify/replace it)

Creation of New Legislative Council

• Fixed size: Max – 1/3rd of Assembly, Min – 40 members
• Actual size fixed by Parliament
• Procedure:
  1. State Legislature: Special Majority (50% of total strength + 2/3rd of present & voting)
  2. Parliament: Simple Majority
  3. Article 4: Changes in state legislature are not considered constitutional amendments under Article 368

Other Key Provisions

• Double Membership: If elected to both Houses, the seat in one House becomes vacant as per state law.
• Chairman of Legislative Council: Elected by the House.
• Quorum: 10 members or 1/10th of total strength (whichever is greater).
• Governor’s Assent to Bills:
  • If the Governor returns a Bill for reconsideration, the State Legislature must reconsider it within 6 months.

Legislative Council’s Equal Powers in:

1. Passing Ordinances of the Governor
2. Considering Reports of
   • State Finance Commission (SFC)
   • State Public Service Commission (SPSC)
   • Comptroller and Auditor General (CAG)
3. Expanding the jurisdiction of the State Public Service Commission (SPSC)

Dissolution of State Assembly by Governor in a Hung Assembly

• SR Bommai Case (1994):
  • Governor’s discretion does not apply to a hung assembly.
  • The floor test must be conducted within 48 hours (extendable up to 15 days).
  • Legislature should decide the majority, Governor’s discretion should only be the triggering point.
• Rameshwar Prasad Case (2005):
  • Governor cannot block post-poll alliances as a means of forming a government.
  • Mere suspicion of horse-trading is not a valid reason for dissolution.