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STATE LEGISLATURE

STATE LEGISLATURE

What is a Unicameral State?

  • It is a form of the legislature where only one house (one central unit) exists to make and implement laws for the state/country.

What is a Bicameral State?

  • It is a legislative body with two houses. India is one such example where there are two houses both at union and also at 6 of its 28 states.
  • In a bicameral legislature, the function to administer and implement the laws are shared between the two houses.

Article 168: Constitution of Legislatures in States

(1) For every State there shall be a Legislature which shall consist of the Governor, and—

  •  in the States of Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir, two Houses;
  • in other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

Article 169: Abolition or creation of Legislative Councils in States.

  •  Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
  •  Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
  •  No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Article 170: Composition of the Legislative Assemblies.

  •  Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.                                                                                                    STATE LEGISLATURE
  • For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
    Explanation.—In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
    Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.
  •  Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:
  • Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:
  • Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:
  • Provided also that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust—

(i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
(ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2001 census, under this clause.

ALSO READ : https://www.brainyias.com/legislative-centre-state-relations/

Indian Polity

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