State legislature Practice Questions for UPSC and State PSC exams

Part VI of the Constitution (Articles 152-237) deals with States. Specifically, Articles 168 to 212 cover the State Legislature – its constitution, composition, duration, officers, conduct of business, legislative procedure, and privileges. This mirrors Part V for Parliament but with state-specific variations like abolition of Legislative Councils.

Article 168(1) states that for every State there shall be a Legislature consisting of Governor and (a) two Houses in six states, (b) one House in others. Governor is integral part, similar to President at Union level, though not a member.

As of 2026, six states retain Legislative Councils: Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh. Tamil Nadu, West Bengal, Punjab had councils earlier but abolished. Creation/abolition under Article 169 requires Assembly resolution and Parliament law.

Article 170(1): Assembly shall consist of not more than 500 and not less than 60 members chosen by direct election. Exceptions: Goa (40), Mizoram (40), Sikkim (32), Puducherry (30). Strength frozen based on 1971 census until 2026 by 84th Amendment.

Article 170(1) prescribes minimum 60, but special provisions allow smaller states: Arunachal Pradesh, Goa (40), Mizoram (40), Sikkim (32). This ensures viability while maintaining representation.

Article 171(1) details Council composition: not more than one-third of Assembly strength and not less than 40 members. Members elected/indirectly elected and nominated in specific proportions.

Article 171(3): (a) 1/3 elected by local authorities, (b) 1/3 by MLAs, (c) 1/12 by graduates of 3 years standing, (d) 1/12 by teachers of 3 years, (e) 1/6 nominated by Governor for special knowledge in literature, science, art, cooperative movement, social service.

One-sixth nominated by Governor under Article 171(3)(e). Unlike Rajya Sabha’s 12 nominated, Council nominations include cooperative movement as distinct field.

Article 172(1): 5 years from first meeting unless dissolved sooner. Can be extended during Emergency by Parliament for 1 year at a time, not beyond 6 months after emergency ceases.

Article 172(2): Council is permanent house not subject to dissolution. Members have 6-year term, with one-third retiring every second year, analogous to Rajya Sabha.

Article 173: must be citizen, take oath, 25 years for Assembly, 30 for Council, and possess qualifications prescribed by Parliament (Representation of People Act 1951 adds voter registration, no office of profit, etc.).

Article 191 lists disqualifications (office of profit, unsound mind, insolvent, not citizen, etc.). Article 190 covers vacation of seats. Article 192: Governor decides disqualification under 191(1) after obtaining Election Commission opinion.

Tenth Schedule inserted by 52nd Amendment 1985 applies to Parliament and state legislatures. Disqualification for defection decided by Speaker/Chairman, subject to judicial review (Kihoto Hollohan 1992).

Article 178: Assembly chooses Speaker and Deputy Speaker from among members. Speaker maintains order, certifies Money Bill, decides disqualification under Tenth Schedule (subject to review).

Article 182: Council elects Chairman and Deputy Chairman. Unlike Rajya Sabha, Chairman is not Vice-President but elected internally.

Article 174(1): Governor summons each House to meet at such time and place, ensuring not more than 6 months gap between sessions, mirroring Article 85 for Parliament.

Article 176(1): Special address similar to President’s Article 87. Governor informs legislature of causes of summons and outlines government policies.

Article 199 defines Money Bill (tax, Consolidated Fund, etc.). Only Assembly can introduce, Council cannot amend, only recommend within 14 days, akin to Lok Sabha/Rajya Sabha.

Article 196: ordinary bills may originate in either House. If disagreement, Assembly prevails after passage second time.

Article 197: Council may delay up to 3 months on first passage, and 1 month on second. Assembly can override, making Council a revisory but weak house.

Article 200: Governor may assent, withhold, return (except Money Bill), or reserve for President. Return once only, must assent if passed again.

Article 201: President may assent, withhold, or direct Governor to return (if not Money Bill) for reconsideration. No time limit prescribed, enabling pocket veto.

Article 202(1): Governor causes budget to be laid before legislature. No demand for grant except on Governor’s recommendation (Article 203(3)).

Article 207(1): Money Bill and financial bills involving expenditure from Consolidated Fund require Governor’s prior recommendation, ensuring executive control over finance.

Article 169: Assembly passes resolution by majority of total membership and 2/3 of present and voting; Parliament then by simple majority may create/abolish Council. Example: Andhra Pradesh revived 2007, Tamil Nadu proposal pending.

Article 171(1): maximum one-third of Assembly members, ensuring Council remains smaller revisory body.

Article 171(1): not less than 40, even if one-third of small Assembly would be less.

61st Amendment 1988 reduced voting age from 21 to 18 for Lok Sabha and Assembly elections.

Articles 170(2)(3) read with Delimitation Commission Acts. Last delimitation based on 2001 census (boundaries), but seat numbers frozen on 1971 census till 2026.

Article 332 provides reservation proportionate to population. Article 334 originally for 10 years, extended repeatedly, now till 2030 by 104th Amendment.

Article 333 allowed Governor to nominate one Anglo-Indian. 104th Amendment discontinued nomination in Assemblies and Lok Sabha from 2020.

Article 174(1) proviso mandates maximum 6-month interval, ensuring accountability.

Article 189(3): quorum is 10 members or one-tenth of total membership, whichever is greater, similar to Parliament.

Article 210(1): business transacted in official language(s) of state, Hindi, or English. With Speaker permission, member may speak in mother tongue.

Article 194 grants freedom of speech in legislature, immunity from courts for proceedings, and other privileges. Courts cannot inquire into validity of proceedings on ground of irregularity (Article 212).

Article 212(1) bars courts from questioning validity of proceedings on procedural grounds, preserving separation of powers, though substantive unconstitutionality can be reviewed.

Article 199(3): Speaker’s decision final on whether bill is Money Bill, similar to Lok Sabha Speaker under Article 110.

Council cannot reject or amend Money Bill, only make recommendations within 14 days (Article 198). Assembly may accept or reject recommendations.

Unlike Parliament Article 108, Constitution provides no joint sitting for state legislature. Deadlock resolved by Assembly overriding Council after specified time.

Article 213: Governor may promulgate ordinances when legislature not in session, with same force as Act, subject to same limitations as state legislative power. Must be laid before legislature within 6 weeks of reassembly.

Similar to President: ceases after 6 weeks of reassembly; with max 6-month gap, can last 6 months + 6 weeks. Repeated repromulgation struck down in D.C. Wadhwa case.

Cannot legislate on matters Parliament alone can, cannot violate Constitution, and requires instructions from President in certain cases (Article 213(1) proviso).

Article 246: Seventh Schedule distribution. State legislature has exclusive power over State List, concurrent over Concurrent List subject to Union law supremacy (Article 254).

Article 254(1): Union law prevails. Exception: Article 254(2) state law with Presidential assent prevails in that state, but Parliament can override later.

Collective responsibility under Article 164(2): Council of Ministers responsible to Assembly. Tools include questions, adjournment motions, no-confidence, cut motions.

Only Assembly, as Council of Ministers accountable to lower house. Passage forces resignation.

Article 164(1): Governor appoints CM, others on CM advice. CM must prove majority in Assembly.

91st Amendment 2003 inserted Article 164(1A): total ministers including CM shall not exceed 15% of Assembly strength, minimum 12.

Governor acts on EC opinion, similar to President under Article 103 for MPs.

Kihoto Hollohan 1992: Speaker acts as tribunal, decision subject to judicial review on grounds of mala fides, perversity, violation of constitutional mandate.

Article 172(2) ensures continuity like Rajya Sabha, providing stability and revisory expertise.

West Bengal abolished 1969, followed by Punjab, Tamil Nadu (1986).

Originally abolished 1985, revived by Parliament Act 2005 effective 2007.

Indirect elections by MLAs, local bodies, graduates, teachers use PR-STV, ensuring proportional representation.

Article 171(3)(e) specifically includes cooperative movement, reflecting Gandhian emphasis.

Permissible within limits, subject to doctrine of excessive delegation and judicial review.

Article 194(1)(2): freedom of speech, no liability for votes/speech, immunity from court proceedings, and other privileges defined by law.

Each House is sole judge of its privileges, can reprimand, admonish, or imprison for contempt, subject to judicial review for constitutional violations.

Governor acts on aid and advice, except in hung assembly where discretion may apply.

Convention: Council continues to handle routine matters, cannot take major policy decisions.

Governor causes laying of estimated receipts and expenditure. Followed by demands for grants, appropriation bill, finance bill.

Policy cut (₹1), economy cut (specific amount), token cut (₹100) are parliamentary tools for legislative control over executive.

Article 200 proviso: Governor must reserve bills that derogate High Court powers. Also conventionally for repugnancy, national interest.

Article 211 mirrors Article 121: no discussion of conduct of SC/HC judges except when removal motion under consideration.

Article 183: Council may remove Chairman by resolution with majority of all then members, with 14 days notice.

Judicial review permitted after Kihoto Hollohan, though courts usually wait for Speaker’s decision.

Article 250: Parliament can legislate on State List during Emergency. Also Articles 249 (Rajya Sabha resolution), 252 (states consent), 253 (treaties).

Empowers Parliament for one year, renewable.

Allows Parliament to make law for consenting states, adoptable by others later.

Article 253 empowers Parliament to make laws for implementing treaties, even overriding State List.

MLAs (elected) participate in Rajya Sabha elections (proportional) and Presidential election (Article 54).

Governor appoints senior-most MLA as pro tem to administer oath to new members and conduct Speaker election.

Tenth Schedule para 4: merger exemption if 2/3 of legislature party agrees to merge with another party. 91st Amendment removed split exemption.

Article 172(1) proviso: extension up to 1 year, not beyond 6 months after emergency.

Article 174(1): Governor summons, typically within few weeks of election results.

Council cannot vote on no-confidence (only Assembly), and state legislatures have limited role in constitutional amendments (only ratification for federal provisions).

Removal of Governor is by President; judges by Parliament. State legislature has no impeachment power.

Education is Concurrent List Entry 25; universities primarily state subject, but standards coordinated by UGC under Union.

Para 2 of Tenth Schedule: two grounds – voluntary relinquishment and violation of whip.

Supreme Court in Kihoto Hollohan upheld limited judicial review.

Like President’s address, drafted by state government outlining policies.

Article 213(2)(a): ordinance ceases after 6 weeks from reassembly unless approved.

Council not subject to dissolution; continues functioning, though legislative work limited without Assembly.

Article 178: Assembly chooses both Speaker and Deputy from members.

Article 189(1): Speaker does not vote first instance, but has casting vote in tie.

State legislature regulates administration of justice, constitution of courts below High Court.

Article 217: President appoints HC judges after consultation with CJI, Governor, etc.

Only for amendments affecting federal structure, representation of states, etc., requires ratification by >50% state legislatures.

Constitution (106th Amendment) Act 2023 reserves one-third seats for women in Lok Sabha and Assemblies, effective after delimitation post-2026 census.

Courts interpret whether law falls within State List, even if incidentally trenches on Union List.

State law may affect persons/things outside state if real connection exists, upheld by SC.

Laws subject to judicial review under Articles 13, 226, 32.

Article 169 procedure ensures state initiative but final power with Parliament.

Article 174(1) ensures legislature meets at least twice yearly.

Only Union can coin currency, RBI; states control budget, taxes in State List.

Article 204: no money withdrawn from Consolidated Fund except under appropriation law passed by Assembly.

Article 206 allows Assembly to grant advance for part of year pending full budget.

Article 205: additional grants needed during year.

Financial and oversight committees modeled on Parliament, chaired by opposition in PAC convention.

Ensures executive accountability for public expenditure.