Only six states have Legislative Councils; the remaining states are unicameral. Bihar has a Legislative Council. The Union Territories of Jammu and Kashmir, Delhi and Puducherry have Legislative Assemblies.
The Vidhan Sabha corresponds to the Lok Sabha: it is the directly elected lower House and may be dissolved. The Vidhan Parishad corresponds to the Rajya Sabha: it is a continuing upper House, with one-third of its members retiring every two years.
Palampur in Kangra district, Himachal Pradesh, was noted as India's first e-Assembly constituency, combining current affairs with polity.
| State | VS Seats | Why Notable |
|---|---|---|
| Uttar Pradesh | 403 | Largest Assembly in India |
| Sikkim | 32 | Exception — below 60 minimum |
| Goa | 40 | Exception — below 60 minimum |
| Mizoram | 40 | Exception — below 60 minimum |
| Bihar | 243 | Bihar Assembly — BPSC important! |
A Legislative Assembly normally has at least 60 members, but smaller States such as Sikkim, Goa and Mizoram have constitutionally permitted exceptions. Remember both the general rule and the exceptions.
Minimum age: 25 years for the Vidhan Sabha and Lok Sabha; 30 years for the Vidhan Parishad and Rajya Sabha. The upper houses have the higher age requirement.
Parliament has the power to create or abolish a State Legislative Council. The process begins when the Legislative Assembly passes a resolution by special majority, after which Parliament acts by simple majority.
Composition check: 1/3 + 1/3 + 1/12 + 1/12 + 1/6 = 1. The Governor nominates one-sixth of the Legislative Council; unlike the Rajya Sabha, this is a fraction rather than a fixed number of 12.
The President nominates a fixed number of 12 members to the Rajya Sabha, whereas the Governor nominates one-sixth of the members of a Legislative Council.
Removal of a Legislative Assembly Speaker requires 14 days' notice. The Speaker resigns to the Deputy Speaker, not the Governor. The Speaker takes the oath as a member; there is no separate oath for the office of Speaker.
At the Union level, the Vice-President is the ex officio Chairman of the Rajya Sabha and is not its member. At the State level, the Legislative Council elects its Chairman from among its own members.
The Vice-President of India, a non-member, chairs the Rajya Sabha. A Legislative Council elects its Chairman from among its members.
Parliament determines the salaries of MPs, while each State Legislature determines the salaries of its MLAs and MLCs.
There is no provision for a joint sitting at the State level. A Legislative Council may delay an ordinary Bill for a maximum of four months in two stages, but may retain a Money Bill for only 14 days. The Speaker of the Legislative Assembly decides whether a Bill is a Money Bill.
Centre: RS Money Bill delay = 14 days. State: VP Money Bill delay = 14 days (same!). Centre: Ordinary bill RS = indefinite hold → Joint Sitting. State: VP = max 4 months (3+1), no joint sitting.
| 🔵 Collective Privileges | 🟢 Individual Privileges |
|---|---|
| Right to hold secret sessions | Immunity from civil arrest |
| Authority to arrest under simple warrant | Proceedings of House cannot be challenged in Court |
| Punishment for Contempt of House (Member / Non-Member) | Freedom from being summoned as witness |
| Right to publish or restrict proceedings | Freedom of Speech in Legislature |
Members enjoy limited immunity from arrest in civil cases, but not in criminal cases, during the session and for 40 days before and after it. Legislative freedom of speech is protected from court proceedings, subject to constitutional rules.
Article 194 concerns the privileges of State Legislatures, while Article 105 concerns those of Parliament. Both provide broadly corresponding individual and collective privileges.
Prorogation ends a session and is ordered by the Governor; adjournment temporarily suspends a sitting and is ordered by the presiding officer. Only the Legislative Assembly can be dissolved; the Legislative Council is permanent.
At the Union level, the President summons and prorogues Parliament while the presiding officer adjourns a sitting. At the State level, the Governor summons and prorogues the Legislature while its presiding officer adjourns a sitting.
| Article | Subject |
|---|---|
| 168 | Composition of State Legislature (Governor + Houses) |
| 169 | Creation / Abolition of Legislative Councils |
| 170 | Structure of Legislative Assembly (Vidhan Sabha) |
| 172 | Duration of State Legislatures (5 years for VS) |
| 173 | Qualifications for Membership |
| 178 | Speaker & Deputy Speaker of Vidhan Sabha |
| 179 | Vacancies & Resignation of Speaker |
| 182 | Chairman & Vice Chairman of Vidhan Parishad |
| 191 | Disqualifications of Members |
| 194 | Privileges of State Legislature Members |
| 195 | Salaries & Allowances (determined by State Legislature) |
| 199 | Money Bills in State Legislature |
| 202 | Annual Financial Statement (State Budget) |
| 212 | Courts not to inquire into proceedings of Legislature |
Parliament (Art. 79) + 89 = State Legislature (Art. 168) ✓ · Rajya Sabha (Art. 80) + 89 = Vidhan Parishad (Art. 169) ✓ · Lok Sabha (Art. 81) + 89 = Vidhan Sabha (Art. 170) ✓