For every State there is a Legislature consisting of the Governor and either one House or two Houses (Art.168). Where there are two, the lower is the Legislative Assembly (Vidhan Sabha) and the upper the Legislative Council (Vidhan Parishad). Most States are unicameral, having only an Assembly.
Legal Framework
| Provision | Subject | Key Rule |
|---|---|---|
| Art.168 | Constitution of State Legislatures | Governor plus one or two Houses |
| Art.169 | Abolition or creation of Legislative Councils | Assembly resolution by a special majority, followed by a law of Parliament |
| Art.170 | Composition of the Legislative Assembly | Not more than 500 and not fewer than 60 members, chosen by direct election |
| Art.171 | Composition of the Legislative Council | Not more than one third of the Assembly's strength and not fewer than 40 members, chosen in five distinct ways |
| Art.172 | Duration | Assembly five years; Council is a permanent body with one third retiring every second year |
| Art.173 | Qualifications | Citizenship, the prescribed oath, and a minimum age of 25 for the Assembly and 30 for the Council |
| Art.189 | Voting and quorum | Quorum is one tenth of the total number of members or ten members, whichever is greater |
| Art.196 to Art.198 | Bills | Procedure for Ordinary Bills and Money Bills |
| Art.199 | Definition of a Money Bill | The State counterpart of Art.110, with the Speaker's certificate conclusive |
| Art.200 | Assent by the Governor | Assent, withholding, return for reconsideration, or reservation for the President |
| Art.201 | Bills reserved for the President | The President may assent or withhold, and may direct return to the House |
| Art.213 | Governor's Ordinance power | Available when the Legislature is not in session |
Composition of the Legislative Assembly (Art.170)
| Feature | Position |
|---|---|
| Strength | Not more than 500 and not fewer than 60, chosen by direct election from territorial constituencies |
| Smaller States | Some States have a smaller minimum fixed by special provision, for example Sikkim, Mizoram, Goa and Arunachal Pradesh |
| Basis of allocation | Each constituency so delimited that the ratio of population to seats is, so far as practicable, the same throughout the State |
| Duration | Five years from the date appointed for its first meeting, unless dissolved sooner |
| Extension | By one year at a time during a Proclamation of Emergency, and not beyond six months after it ceases |
| Presiding officers | Speaker and Deputy Speaker elected by the Assembly (Art.178) |
| Reservation | Seats reserved for Scheduled Castes and Scheduled Tribes under Art.332 |
Composition of the Legislative Council (Art.171)
The Council has no more than one third of the total strength of the Assembly, and in no case fewer than forty. Its members come from five sources:
| Source | Proportion | Electorate or authority |
|---|---|---|
| Local authorities | One third | Electorates consisting of members of municipalities, district boards and other local authorities |
| Graduates | One twelfth | Persons resident in the State who have been graduates of at least three years standing |
| Teachers | One twelfth | Persons engaged for at least three years in teaching in institutions not lower in standard than a secondary school |
| Members of the Assembly | One third | Elected by the members of the Legislative Assembly from persons who are not members of the Assembly |
| Nomination by the Governor | The remainder, roughly one sixth | Persons with special knowledge or practical experience in literature, science, art, the cooperative movement and social service |
Why the Council is described as a partly elected, partly nominated chamber of experience: The framers wanted a revising chamber that could bring in professional and educational interests without setting up a rival to the popular House. The functional electorates of graduates, teachers and local authority members were meant to secure that. The design has been criticised as arbitrary, since the categories are neither representative in the democratic sense nor expert in any rigorous sense, and Art.169 accordingly leaves it to each State to create or abolish its Council.
Creation and abolition (Art.169): The Assembly must pass a resolution by a majority of the total membership of the House and by a majority of not less than two thirds of the members present and voting. Parliament may then make the necessary law. Such a law is not treated as an amendment of the Constitution for the purposes of Art.368.
The Legislative Process in a State
| Stage | Position |
|---|---|
| Origin of an Ordinary Bill | Either House, in a bicameral State |
| Power of the Council over an Ordinary Bill originating in the Assembly | It may reject, or take no action, or amend. If the Assembly passes the Bill a second time and the Council again withholds agreement, the Bill is deemed passed |
| Maximum delay by the Council | Three months on the first occasion and one month on the second, a total of four months |
| Bill originating in the Council | If rejected by the Assembly, the Bill simply falls; the Assembly's view prevails absolutely |
| Joint sitting | No provision corresponding to Art.108 exists for the States |
| Money Bills | Originate only in the Assembly; the Council may recommend within fourteen days and its recommendations may be rejected (Art.198) |
| Assent | Presented to the Governor under Art.200 |
Why the State Council is weaker than the Council of States: The Council of States can reject an Ordinary Bill outright and force a joint sitting, in which it participates and votes. A State Legislative Council can do no more than delay. It has, in the language of the commentaries, only a suspensory power. The reason is that the Council of States performs a federal function representing the States in the Union, whereas a State Council performs no federal function at all and was conceived only as a chamber of second thought.
Facts: A Bill passed by the Kerala Legislative Assembly had been reserved by the Governor for the consideration of the President. Before the President acted, the Assembly was dissolved. It was contended that the Bill lapsed with the dissolution and that in any event the assent had to be given within a reasonable time.
Issue: Whether a Bill awaiting assent lapses on the dissolution of the Assembly, and whether the Constitution imposes a time limit on the grant of assent.
Held: The Bill did not lapse. Once a Bill has been passed by the House and submitted for assent, the legislative process so far as the House is concerned is complete, and the subsequent dissolution does not affect it. The Court further held that the Constitution prescribes no time limit within which assent must be given under Art.200 or Art.201.
Relevance: The classical authority on the survival of a Bill awaiting assent and on the absence of any express time limit in the text. That reading of the text still stands: the Constitution Bench confirmed in 2025 that no timeline can be judicially imposed. What has been added since is that the absence of a deadline does not license indefinite inaction, so prolonged and unexplained delay attracts limited judicial scrutiny.
Stage 1, April 2025. In State of Tamil Nadu v Governor of Tamil Nadu (2025 INSC 481), a Bench of two Judges held that the Governor's reservation of ten re-passed Bills for the President was unconstitutional, that Art.200 confers no "pocket veto", and fixed specific timelines of one to three months for a Governor to act. It went further and declared the ten Bills deemed to have received assent.
Stage 2, November 2025. On a Presidential Reference under Art.143, a Constitution Bench of five Judges answered fourteen questions in In re: Assent, Withholding or Reservation of Bills by the Governor and the President of India (Special Reference No. 1 of 2025, 2025 INSC 1333). It held that courts cannot fix timelines for the Governor under Art.200 or the President under Art.201, since doing so would amount to judicial overreach and offend the separation of powers, and that there is no doctrine of "deemed assent". Parts of the Tamil Nadu judgment were held erroneous and its conclusions on timelines recast as obiter.
The resulting position. Articles 200 and 201 confer no absolute or unstructured discretion, and constitutional silence on timelines is not permission for indefinite inaction. Where delay is prolonged, unexplained and indefinite, limited judicial scrutiny is available, and a court may require the Governor to act, but it may neither impose a deadline nor treat a Bill as assented to. The Governor's three courses under Art.200 remain: assent; withhold assent and return the Bill (other than a Money Bill) for reconsideration; or reserve it for the President.
Illustrations
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Council can only delay: The Assembly passes an Ordinary Bill and sends it to the Council, which takes no action for three months. The Assembly passes it again and the Council again withholds agreement for a month. The Bill is deemed passed by both Houses; the Council has delayed it by four months and no more.
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Bill originating in the Council: A Bill is passed by the Council and rejected by the Assembly. The Bill falls. There is no mechanism by which the Council can carry it, and no joint sitting is available.
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Money Bill in a State: A Money Bill originates in the Assembly and is transmitted to the Council, which returns it after ten days with recommendations. The Assembly rejects them. The Bill is deemed passed in the form the Assembly originally adopted (Art.198).
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Quorum in a small House: An Assembly has a total strength of 60. Under Art.189(3) the quorum is one tenth of the total, that is 6, or ten members, whichever is greater. The quorum is therefore ten.
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Creation of a Council: A State without a Council wishes to establish one. The Assembly must resolve by a majority of its total membership and by two thirds of those present and voting, after which Parliament may legislate. The Assembly's resolution alone is insufficient.
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Bill surviving dissolution: A Bill reserved for the President's consideration remains pending when the Assembly is dissolved. Applying Purushothaman Nambudiri v State of Kerala (1962), the Bill does not lapse.
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Nomination to the Council: The Governor nominates a leading figure in the cooperative movement to the Council. This is within Art.171(5), which expressly names the cooperative movement among the qualifying fields.
Recall Check
- What are the components of a State Legislature under Art.168, and how many States are bicameral?
- State the five sources from which a Legislative Council is composed, with their proportions.
- For how long in total can a Legislative Council delay an Ordinary Bill?
Key Cases
Purushothaman Nambudiri v State of Kerala (1962) Purushothaman Nambudiri v State of Kerala 1962
Issue: Whether a Bill awaiting assent lapses on the dissolution of the Assembly, and whether assent must be given within a fixed time.
Rule: The legislative process of the House is complete on submission of the Bill for assent, and the Constitution prescribes no time limit for assent under Art.200 or Art.201.
Held: The Bill did not lapse on dissolution, and no period of limitation could be read into the assent provisions.
Distinctions
| Basis | Council of States (Union) | Legislative Council (State) |
|---|---|---|
| Power over an Ordinary Bill | May reject outright | May only delay |
| Maximum delay | Indefinite, subject to a joint sitting | Four months in all |
| Joint sitting | Available under Art.108 | No such provision |
| Nominated members | 12, by the President | About one sixth, by the Governor |
| Functional electorates | None | Graduates, teachers and local authority members |
| Federal function | Represents the States in the Union | None |
| Abolition | Cannot be abolished | May be abolished under Art.169 |
| Basis | Legislative Assembly | Legislative Council |
|---|---|---|
| Strength | 60 to 500 | Minimum 40, maximum one third of the Assembly |
| Election | Direct | Indirect and by functional electorates, plus nomination |
| Duration | Five years, dissolvable | Permanent, one third retiring every second year |
| Minimum age | 25 | 30 |
| Money Bills | Exclusive power to originate | Recommendations only |
| Council of Ministers | Responsible to it (Art.164(2)) | Not responsible to it |
| Existence | In every State | Only in States that have one |
Flashcards
What does a State Legislature consist of under Art.168?
The Governor and either one House, the Legislative Assembly, or two Houses, the Assembly and the Legislative Council.
What are the maximum and minimum strengths of a Legislative Assembly?
Not more than 500 and not fewer than 60, subject to special provisions for certain smaller States.
What limits the size of a Legislative Council?
It may not exceed one third of the total strength of the Assembly, and may not be fewer than forty members.
How is one third of the Legislative Council elected by the Assembly filled?
By the members of the Legislative Assembly, from persons who are not members of the Assembly.
What is the procedure for creating or abolishing a Legislative Council?
A resolution of the Assembly passed by a majority of its total membership and two thirds of those present and voting, followed by a law of Parliament (Art.169).
How long can a Legislative Council delay an Ordinary Bill?
Three months on the first occasion and one month on the second, four months in all.
Is there a joint sitting for State Legislatures?
No. There is no provision corresponding to Art.108.
What is the quorum in a State House?
One tenth of the total number of members, or ten members, whichever is greater (Art.189(3)).
Does a Bill awaiting assent lapse when the Assembly is dissolved?
No. Purushothaman Nambudiri v State of Kerala (1962) held the legislative process of the House is complete on submission for assent.
What are the four courses open to a Governor under Art.200?
Assent, withholding of assent, return of the Bill (other than a Money Bill) for reconsideration, and reservation of the Bill for the consideration of the President.
Exam Scenario
Problem: The Legislative Assembly of a bicameral State passes an Ordinary Bill on agricultural marketing. The Legislative Council sits on it for five months and then returns it with amendments the Assembly does not accept. The Assembly passes the Bill again and sends it up; the Council rejects it outright after two months. A separate Money Bill sent to the Council is returned after twenty days with recommendations. Meanwhile the Governor, having received the first Bill, neither assents nor returns it, and the Assembly is then dissolved. Advise on the fate of both Bills.
Step 1: Time the Ordinary Bill through Art.197
Apply Art.197. On the first transmission the Council may keep the Bill for a maximum of three months. Its five month delay exceeded that, and at the end of three months the Assembly was entitled to proceed.
On the second transmission the Council's rejection is of no effect. Under Art.197(2), if the Assembly passes the Bill a second time and the Council rejects it, or does not pass it within one month, the Bill is deemed to have been passed by both Houses in the form in which the Assembly passed it the second time.
| Stage | Council's maximum time | Effect of delay or rejection |
|---|---|---|
| Ordinary Bill, first transmission, Art.197 | Three months | The Assembly may proceed at the end of three months |
| Ordinary Bill, second transmission, Art.197(2) | One month | Rejection, or failure to pass, leaves the Bill deemed passed as sent up |
| Money Bill, Art.198 | Fourteen days | The Bill is deemed passed at the expiry of fourteen days |
The Council's power is purely suspensory, unlike that of the Council of States. No joint sitting arises, because the Constitution provides none for the States.
Step 2: Dispose of the Money Bill under Art.198
Apply Art.198. The Council had fourteen days. Since it returned the Bill after twenty days, the Bill stood deemed passed at the expiry of fourteen days.
The recommendations made on the twentieth day were therefore ineffective.
Step 3: Confirm the Bill survives the dissolution
Apply Purushothaman Nambudiri v State of Kerala (1962). The Bill does not lapse, the legislative process of the House being complete on submission for assent.
Art.200 prescribes no express time limit for the Governor.
Step 4: State the 2025 position on the Governor's delay
Argue in this order:
- Following the Constitution Bench opinion in In re: Assent, Withholding or Reservation of Bills (Special Reference No. 1 of 2025), a court cannot fix a timeline for the Governor and cannot declare the Bill deemed to have been assented to.
- But Art.200 confers no absolute or unstructured discretion, and constitutional silence on time is not permission for indefinite inaction.
- Where the delay is prolonged, unexplained and indefinite, limited judicial scrutiny is available.
- A writ may therefore be sought requiring the Governor to exercise one of his three options under Art.200.
| What a court may do | What a court may not do |
|---|---|
| Subject prolonged, unexplained and indefinite delay to limited scrutiny | Fix a timeline for the Governor |
| Require the Governor to exercise one of his three options | Direct which option he must choose, or declare the Bill deemed to have been assented to |
The Council's delay does not kill the Bill. Its power is suspensory only, so five months and then an outright rejection still leave the Bill deemed passed.
There is no joint sitting for the States. Do not import the Union machinery; the Constitution provides none.
Late recommendations are ineffective, not merely irregular. On both Art.197 and Art.198 the clock runs out and the Bill is deemed passed at that moment.
The 2025 authorities must be kept straight. The earlier two Judge decision in State of Tamil Nadu v Governor of Tamil Nadu (2025), which had fixed one to three month timelines and deemed ten Bills assented to, was held erroneous on those points.
Do not ask for a deadline or a deemed assent. Ask only for an order that the Governor exercise one of the three courses open to him.
Conclusion. Both Bills are validly through the Legislature. The only live question is compelling the Governor to exercise one of the three courses open to him under Art.200.
See Also
- Union Legislature: Composition : the Union provisions on which these are modelled, and the contrast in the powers of the upper House.
- Powers and Functions of Parliament : the Money Bill scheme in Art.110, which Art.199 mirrors.
- The Governor and Councils of Ministers : the assent, reservation and Ordinance powers referred to here.