Parliament & State Legislatures in India
Introduction
The legislative system in India is structured under a bicameral system at the Union level and in some states. The Parliament (Union Legislature) makes laws for the whole country, while the State Legislatures make laws for individual states.
👉 Parliament – Consists of Lok Sabha (House of the People), Rajya Sabha (Council of States), and the President.
👉 State Legislatures – Can be unicameral (Legislative Assembly) or bicameral (Legislative Assembly & Legislative Council).
Both institutions derive their authority from the Constitution of India and function under the parliamentary system of government, where the executive is accountable to the legislature.
Parliament of India (Articles 79-122)
The Parliament consists of:
✅ The President (Article 52, 79)
✅ Rajya Sabha (Council of States) (Articles 80-81)
✅ Lok Sabha (House of the People) (Articles 81-88)
1. The President and Parliament
🔹 The President is an integral part of Parliament but does not participate in debates.
🔹 Has the power to summon, prorogue, and dissolve Parliament (Article 85).
🔹 Assents to bills, making them laws.
2. Rajya Sabha (Council of States) (Article 80-81)
✅ Upper House of Parliament
✅ Permanent body (not subject to dissolution)
✅ One-third of its members retire every two years
Composition of Rajya Sabha
✔️ Maximum strength: 250 members
✔️ Elected members: 238 (Representatives of States & Union Territories)
✔️ Nominated members: 12 (Appointed by the President for contributions in arts, literature, science, and social service)
Election of Rajya Sabha Members
🔹 Elected by MLAs of State Legislative Assemblies using proportional representation (Single Transferable Vote System).
Powers of Rajya Sabha
🔹 Legislative Powers – Can introduce and pass bills, except Money Bills.
🔹 Financial Powers – Can discuss but cannot initiate Money Bills (Article 110).
🔹 Executive Powers – Holds the government accountable.
🔹 Exclusive Powers:
✅ Can authorize Parliament to make laws on State List matters (Article 249).
✅ Approves All-India Services creation/removal (Article 312).
📌 Landmark Case: Kuldip Nayar v. Union of India (2006) – Upheld open ballot system for Rajya Sabha elections.
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3. Lok Sabha (House of the People) (Articles 81-88)
✅ Lower House of Parliament
✅ Directly elected by the people
✅ Dissolved every 5 years (or earlier if necessary)
Composition of Lok Sabha
✔️ Maximum strength: 552 members
✔️ Elected members: 543 (From states and Union Territories)
✔️ Nominated members: 2 (From Anglo-Indian community, if necessary)
Election of Lok Sabha Members
🔹 Elected directly by citizens using Universal Adult Suffrage
🔹 First-Past-the-Post System (FPTP) – The candidate with the highest votes wins.
Powers of Lok Sabha
🔹 Legislative Powers – Can introduce and pass any bill.
🔹 Financial Powers – Money Bills originate only in Lok Sabha (Article 110).
🔹 Executive Powers – Controls the government; No-Confidence Motion can remove it.
📌 Landmark Case: Indira Nehru Gandhi v. Raj Narain (1975) – Declared the election of Indira Gandhi unconstitutional.
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State Legislature (Articles 168-212)
Each Indian state has a legislature. It can be:
✔️ Unicameral – Only a Legislative Assembly (Most states)
✔️ Bicameral – Legislative Assembly & Legislative Council (6 states: UP, Maharashtra, Bihar, Karnataka, Telangana, Andhra Pradesh)
1. Legislative Assembly (Vidhan Sabha) (Articles 170-176)
✅ Directly elected by the people
✅ Has a 5-year term (can be dissolved earlier)
Composition of Legislative Assembly
✔️ Minimum members: 60
✔️ Maximum members: 500
✔️ Governor can nominate 1 Anglo-Indian member (if necessary, Article 333)
Powers of Legislative Assembly
🔹 Can pass laws on State List & Concurrent List
🔹 Can introduce Money Bills (Article 198)
🔹 Controls the state government & can remove it with a No-Confidence Motion
📌 Landmark Case: Shamsher Singh v. State of Punjab (1974) – Clarified the Governor acts on CM’s advice.
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2. Legislative Council (Vidhan Parishad) (Articles 171-177)
✅ Upper House of State Legislature (Exists in only 6 states)
✅ Permanent body – One-third of members retire every 2 years.
Composition of Legislative Council
✔️ Minimum members: 40
✔️ Maximum members: Cannot exceed one-third of the Legislative Assembly
✔️ Members are elected through various methods (MLAs, Governor nominations, graduates, teachers, local bodies)
Powers of Legislative Council
🔹 Can delay ordinary bills for maximum 4 months.
🔹 Cannot reject Money Bills but can suggest amendments.
📌 Landmark Case: Pradeep Chaudhary v. Union of India (2009) – Ruled that Legislative Councils are constitutional but not necessary.
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Comparison: Parliament vs. State Legislature
| Feature | Parliament | State Legislature |
|---|---|---|
| Houses | Lok Sabha & Rajya Sabha | Legislative Assembly & Legislative Council (if bicameral) |
| Head | President | Governor |
| Elected By | People (Lok Sabha), MLAs (Rajya Sabha) | People (Legislative Assembly), MLAs/others (Legislative Council) |
| Money Bill | Starts in Lok Sabha | Starts in Legislative Assembly |
| Controls | Union Government | State Government |
| Dissolution | Lok Sabha (every 5 years) | Legislative Assembly (every 5 years) |
Conclusion
The Parliament and State Legislatures ensure democracy and governance through law-making, executive accountability, and representation. While Parliament governs the entire nation, State Legislatures focus on regional governance. The system ensures federalism, representation, and accountability in India’s democratic structure.
📌 “A strong legislature ensures a strong democracy, but its strength lies in its ability to represent and respond to the people’s needs.”
References:
- The Constitution of India, 1950
- Indian Kanoon (Case Laws & Judgments)
- D.D. Basu, “Introduction to the Constitution of India”