This chapter covers the State Legislature in detail — its constitutional basis, composition, election, powers, procedures, and special focus on Rajasthan.

1. What is the State Legislature?

The law-making body of a State is called the State Legislature.

According to the Constitution, the State Legislature consists of Governor + one or two Houses.

---

2. Key Articles

The main provisions related to the State Legislature are in Articles 168 to 212.

---

3. Two Forms of State Legislature

A State Legislature in India can be Unicameral — only Legislative Assembly.

Or Bicameral — Legislative Assembly + Legislative Council both.

---

4. How many States currently have a Legislative Council?

Currently, 6 States have a bicameral legislature in India.

They are:

• Andhra Pradesh
• Bihar
• Karnataka
• Maharashtra
• Telangana
• Uttar Pradesh

---

5. What does Rajasthan have?

Rajasthan Legislature consists of Governor + Rajasthan Legislative Assembly.

Rajasthan does not have a Legislative Council.

---

6. Article 169

A Legislative Council can be created or abolished in a State.

But there is a special procedure for this.

---

7. Procedure

First, the Legislative Assembly of the concerned State passes a resolution.

For this, majority of total membership and 2/3 of members present and voting are required.

Thereafter, Parliament makes the law.

---

8. Can the Assembly itself create a Legislative Council?

❌ No.

The Assembly only passes a resolution recommending creation/abolition to Parliament.

The final law is made by Parliament.

---

9. Is Constitutional Amendment required for this?

❌ No.

Under Article 169, Parliament can create or abolish a Legislative Council through ordinary law.

---

10. Nature of Legislative Council

The Legislative Council is the Upper House of the State.

The Legislative Assembly is the Lower/Popular House of the State.

But the powers of the Legislative Council are comparatively limited compared to the Assembly.

---

11. What is the Legislative Assembly?

The Legislative Assembly is the elected popular House of the State.

Its members are directly elected by the people.

---

12. Article 170

The membership of the Legislative Assembly can generally be between 60 and 500.

But there are special constitutional exceptions for some smaller States.

---

13. Rajasthan Legislative Assembly Strength

Rajasthan Legislative Assembly has 200 members.

---

14. Election of Legislative Assembly

Members of the Legislative Assembly are elected through Direct Election.

Elections are held on the basis of Adult Suffrage.

---

15. Term of Legislative Assembly — Article 172

The normal term is 5 years.

This period is counted from the date of first meeting.

---

16. Does the Assembly always last 5 years?

❌ No.

It can be dissolved by the Governor according to the constitutional situation of the Chief Minister/Council of Ministers.

That is: the Assembly can end before completing its normal 5-year term.

---

17. National Emergency and the Assembly

If a National Emergency is in operation, Parliament can extend the Assembly's term by law, one year at a time.

But: not beyond 6 months after the Emergency ends.

---

18. Minimum age for Assembly membership

25 years

---

19. Minimum age for Council membership

30 years

---

20. Other key qualifications for membership

• Must be a citizen of India;
• Must have completed the prescribed age;
• Must fulfill other qualifications prescribed by Parliament.

---

21. Speaker — Article 178

The Assembly elects a Speaker and a Deputy Speaker from among its members.

---

22. Importance of Speaker

The Speaker conducts the proceedings of the Assembly.

Key roles:

• Presiding over the House;
• Maintaining discipline;
• Interpreting rules;
• Certification of Money Bills;
• Role in certain parliamentary decisions.

---

23. Term of Speaker

The Speaker can remain in office as long as he is a member of the Assembly.

But: even after dissolution, he can continue until a new Speaker is elected.

---

24. Resignation of Speaker

Speaker gives resignation to the Deputy Speaker.

Deputy Speaker gives resignation to the Speaker.

---

25. Removal of Speaker

The Speaker can be removed by a resolution passed by a majority of all members of the Assembly.

For this, at least 14 days' notice is required.

---

26. Can the Governor remove the Speaker?

❌ No.

The Speaker can be removed by the Assembly.

---

27. Composition of Legislative Council — Article 171

The total membership of the Legislative Council shall not exceed 1/3 of the Assembly strength.

And shall not be less than 40.

---

28. Example

If the Assembly has 240 members, the maximum strength of the Council is: 240 ÷ 3 = 80.

---

29. How are Council members chosen?

The Council's members are not wholly directly elected. They come from different constituencies.

• 1/3 — Local bodies
• 1/12 — Graduate constituencies
• 1/12 — Teacher constituencies
• 1/3 — Assembly members
• 1/6 — Nominated by Governor

---

30. Governor's nomination in Council

The Governor nominates about 1/6 of the total members.

Nominated persons should have special knowledge or practical experience in literature, science, art, co-operative movement and social service.

---

31. Is the Legislative Council a permanent House?

Yes.

The Legislative Council is a Permanent House.

It is not dissolved like the Legislative Assembly.

---

32. Term of members

Each member is elected for 6 years.

Every 2 years, about 1/3 of the members retire.

---

33. Chairman of Council

The Council elects a Chairman and a Deputy Chairman from among its members.

---

34. Most Important Comparison

---

35. Most Important

The State Council of Ministers is collectively responsible only to the Legislative Assembly.

There is no collective responsibility towards the Legislative Council.

---

36. What is a Bill?

The proposed legislative text for making a law is called a Bill.

A Bill can be introduced in either House, but Money Bill only in the Assembly.

---

37. Ordinary Bill

In a bicameral State, it can be introduced in either House.

---

38. Can the Council always block an Ordinary Bill?

❌ No.

The Council can delay the Bill for a limited period.

If the Assembly passes it again: the Council's disagreement does not remain a final obstacle.

---

39. Maximum delay by the Council

In the case of an Ordinary Bill:

• First time — maximum 3 months
• Second time from Assembly — maximum 1 month
• Total: can delay up to 4 months.

---

40. Is there a Joint Sitting in State Legislature?

❌ No.

At the Centre, there is a provision for Joint Sitting of Lok Sabha + Rajya Sabha.

But in the State Legislature, there is no such constitutional provision for a Joint Sitting to resolve a deadlock between Assembly and Council.

---

41. Money Bill

A Money Bill in the State can be introduced only in the Legislative Assembly.

---

42. Role of the Council

If the State has a Legislative Council: the Money Bill passed by the Assembly is sent to the Council.

The Council can give recommendations within 14 days.

---

43. Is the Assembly bound to accept the Council's recommendations?

❌ No.

The Assembly can accept or reject the Council's recommendations.

---

44. 14 Day Rule

---

45. Who certifies a Money Bill?

The Speaker of the Legislative Assembly certifies whether a Bill is a Money Bill or not.

---

46. Does the Chairman of the Council have the power to certify a Money Bill?

❌ No.

This is the power of the Speaker of the Assembly.

---

47. Bill passed by the Legislature

After the Bill is passed, it goes to the Governor.

Under Article 200, the Governor can:

• Give assent;
• Withhold assent;
• Return a non-Money Bill for reconsideration;
• Reserve for the President's consideration.

---

48. Returning Money Bill

The Governor cannot return a Money Bill for reconsideration.

---

49. State Budget — Article 202

The State's Annual Financial Statement is laid before the Legislature.

In common language, it is called the State Budget.

---

50. Who presents the Budget?

Constitutionally, the Budget is laid before the Legislature on behalf of the Governor.

In practice, the Finance Minister presents it.

---

51. Demands for Grants

For expenditure of each department of the government, Demands for Grants are laid.

---

52. Voting on Demands for Grants

Only the Legislative Assembly votes on the Demands for Grants.

The Legislative Council does not vote.

---

53. Charged Expenditure

Some expenditure is Charged Expenditure on the Consolidated Fund of the State.

There is no voting on these.

But discussion can be held.

---

54. Major Committees

Major financial committees in State Legislature:

1. Public Accounts Committee — PAC
2. Estimates Committee
3. Committee on Public Undertakings

---

55. Public Accounts Committee

Main function: Examination of government expenditure.

Plays an important role especially in examining the reports of the Comptroller and Auditor General (CAG).

---

56. Estimates Committee

Main objective: Review of economy and efficiency in government expenditure.

---

57. Committee on Public Undertakings

Review of functioning and financial management of public undertakings.

---

58. Article 194

Members of the State Legislature have Parliamentary Privileges.

---

59. Freedom of Speech

Members have special constitutional protection regarding speech and voting inside the House.

---

60. Will a member be answerable in court for everything said in the House?

Generally: constitutional protection from court proceedings is available for speech/voting in the House, but: the rules of the House and other constitutional limits apply.

---

61. Tenth Schedule

The Anti-Defection Law is provided in the Tenth Schedule.

---

62. Which Amendment brought it?

52nd Constitutional Amendment Act, 1985

---

63. Who decides on defection?

In the Assembly, the Speaker decides on disqualification; in the Council, the Chairman decides.

However: judicial review of his decision is possible.

---

64. 91st Amendment

The 91st Constitutional Amendment, 2003 strengthened limitation on the size of the Council of Ministers and restriction on becoming a Minister after defection.

---

65. Establishment of Rajasthan Legislative Assembly

The current constitutional development of Rajasthan Legislative Assembly happened with the integration of Rajasthan.

---

66. Rajasthan Assembly Strength

200

---

67. First Assembly

The first Legislative Assembly of Rajasthan was formed in 1952.

---

68. Term of First Assembly

The official record of the Rajasthan Legislative Assembly shows the term of the first Assembly as 1952–1957.

---

69. First Speaker of Rajasthan Assembly

Narayan Singh was the Speaker of the first Assembly.

---

70. First Deputy Speaker of Rajasthan Assembly

Lal Singh Shaktawat was the Deputy Speaker of the first Assembly.

---

71. Where is Rajasthan Assembly located?

Jaipur

---

72. Rajasthan Assembly Building

Rajasthan Legislative Assembly is located in Jaipur.

---

73. Key feature of Rajasthan Assembly

Rajasthan is a unicameral State.

Therefore, it has an Assembly, but no Legislative Council.

---

74. Why no Council in Rajasthan?

The constitutional process under Article 169 is required for the creation of a Legislative Council.

Currently, no Legislative Council exists in Rajasthan.

---

75. Reservation in Rajasthan Assembly

According to the Constitution, seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST).

This is related to the delimitation process based on population proportion.

---

76. Rajasthan's Special Feature

ST reservation is especially important in Rajasthan because of the significant concentration of tribal population in the southern tribal areas of the State.

In RAS, factual questions like the number of reserved seats in the Assembly can also be asked; such current delimitation-linked data should be read from the latest Election Commission data.

---

77. Maximum gap between two sessions

6 months

---

78. Who summons the Assembly session?

Governor

---

79. Does the Chief Minister summon the Assembly?

Constitutionally, the Governor summons the session.

In practice, on the advice of the Council of Ministers.

---

80. What is Quorum?

The minimum number of members required for a sitting of the House is called Quorum.

For the State Legislature, the quorum is 1/10 of total members or 10 members, whichever is greater.

---

81. RAS Trap

---

82. Assembly vs Lok Sabha

---

83. Council vs Rajya Sabha

---

84. RAS TRAP BOX

---

85. RAS Prelims — Possible Questions

---

86. RAS Mains — 5 marks

Answer Framework

Introduction: A State Legislature can be unicameral or bicameral.

Assembly:

• Direct election
• 25 years
• 5 years
• Popular House
• Responsibility of Council of Ministers

Council:

• Indirect election + nomination
• 30 years
• Permanent House
• Member's term 6 years
• 1/3 members retire every 2 years

Conclusion: The Assembly is the primary representative House of the State's democratic will, while the Council provides an additional platform for reconsideration and expertise.

---

87. RAS Mains — 10 marks

In Favour:

• Legislative reconsideration
• Representation of experts
• Preventing hasty legislation
• Representation of diverse social/professional groups
• Bringing experienced persons into the legislative process

Against:

• Less direct democratic representation
• Additional expenditure
• Delay in law-making process
• Allegation of political rehabilitation
• Cannot permanently block Assembly's decision

Conclusion: The utility of the Legislative Council depends on its constitutional requirement, the political-social conditions of the State, and its effective legislative use.

---

88. Rajasthan Assembly — Special RAS Facts

---

89. Most Important Article Chain

168–169–170–171–172–173

Remember it this way:

• 168 → Legislature
• 169 → Council creation/abolition
• 170 → Assembly
• 171 → Council
• 172 → Term
• 173 → Qualification

Then:

• 178 → Speaker
• 182 → Chairman
• 194 → Privileges
• 196 → Bills
• 198–199 → Money Bill
• 200 → Governor
• 202 → Budget

---

90. Complete Framework at a Glance

---

91. 15 "Most Important" Facts

• Article 168 → State Legislature
• Article 169 → Council creation/abolition
• Rajasthan → Unicameral
• Rajasthan Assembly → 200
• Assembly minimum age → 25
• Council minimum age → 30
• Assembly → 5 years
• Council → Permanent
• Council member → 6 years
• 1/3 Council members → every 2 years
• Money Bill → Assembly only
• Council on Money Bill → 14 days
• Speaker → certifies Money Bill
• Article 194 → Privileges
• Article 202 → State Budget

92. Chapter Summary

The State Legislature is the law-making body of the State, consisting of the Governor and one or two Houses. A State can be unicameral (only Assembly) or bicameral (Assembly + Council). Currently, 6 States have a Legislative Council. Rajasthan is unicameral with a 200-member Assembly.

The Legislative Assembly is the directly elected popular House with a 5-year term. The Legislative Council is a permanent House with members serving 6-year terms, with 1/3 retiring every 2 years. The Council has limited powers compared to the Assembly, especially regarding Money Bills and the responsibility of the Council of Ministers.

The Speaker of the Assembly plays a key role in certification of Money Bills and presiding over the House. The Anti-Defection Law (Tenth Schedule, 52nd Amendment, 1985) applies to State Legislatures as well.

Rajasthan's first Assembly was formed in 1952. The Assembly is located in Jaipur. The minimum age for Assembly membership is 25 years, and the maximum gap between sessions is 6 months.