Legislative Assembly & Legislative Council
1. Two Houses of State Legislature (Art 168)
| House | Hindi Name | Composition | Nature |
|---|---|---|---|
| Legislative Assembly (Vidhan Sabha, Lower, Art 170) | Directly elected by people | 60–500 members (exception Sikkim 32, Puducherry 30, Goa 40): direct election from territorial constituencies (first-past-the-post), 5-year term, adult franchise, some SC/ST reservation | Powerful — money bills, no-confidence, controls Council |
| Legislative Council (Vidhan Parishad, Upper, Art 171) | Indirectly elected/nominated | Not more than 1/3 of Assembly and ≥40 members: 1/3 by MLAs, 1/3 by local bodies, 1/12 by teachers, 1/12 by graduates, 1/6 nominated by Governor (literature, science, art, coop, social service); permanent house, 6-year term per member, 1/3 retires every 2 years | Advisory/ delaying — can delay ordinary Bill 3 months first time, 1 month second time (vs Rajya Sabha 6 months), no power on Money Bill (14 days only) |
Only 6 States have Council: AP, Bihar, Karnataka, Maharashtra, Telangana, UP (as of 2024; J&K Council abolished 2019).
2. Creation/Abolition (Art 169)
- Assembly must pass resolution by special majority (majority of total membership + 2/3 present voting) requesting Council.
- Parliament then by simple majority (ordinary law, not Art 368) creates/abolishes Council (adds/omits from Art 168).
3. Powers Comparison
| Power | Assembly | Council |
|---|---|---|
| Money Bill (Art 198–199 definition) | Only Assembly can introduce/pass; Council can only recommend (14 days) | No |
| Ordinary Bill | Can introduce in either house (if bicameral); Assembly can override Council after delay | Can delay max 4 months total |
| No-confidence / Government survival | Only Assembly controls CM/Council of Ministers | No |
| Electing President/RS | Assembly members elect | No |
So Assembly is dominant, Council is secondary, unlike Rajya Sabha which is more powerful at Union.
4. Qualifications (Art 173)
- Assembly: 25 years (member), Indian citizen, not of unsound mind.
- Council: 30 years.
5. Worked Example
Uttar Pradesh: Assembly 403 + Council 100 (1/3 of 403 ≈134 but capped? Actually UP Council 100, within 1/3 rule)
Karnataka: Assembly 224 + Council 75
6. Exam Points
- Compare Assembly (60–500, direct, 5 yrs) vs Council (≤1/3 Assembly, ≥40, indirect/nominated, permanent, 6 yrs) — 7-10 marks, almost certain (the most common Assembly/Council comparison).
- Composition formula (1/3 MLAs, 1/3 local bodies, 1/12 teachers, 1/12 graduates, 1/6 nominated) — 5-7 marks, very frequent.
- List 6 States with Council and Art 169 creation — 5 marks, very frequent.
- Powers: Assembly controls Money Bill and can override Council — 5 marks, frequent.