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Graduate Level intermediate Indian Polity State Legislature Constitution Governor
Indian Polity: State Legislature — Vidhan Sabha, Vidhan Parishad, Governor
Complete study notes on State Legislature for Kerala PSC — Vidhan Sabha, Vidhan Parishad, Governor's role, state bills, dissolution, legislative process, and constitutional provisions.
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— Complete study notes on State Legislature for Kerala PSC — Vidhan Sabha, Vidhan Parishad, Governor's role, state bills, dissolution, legislative process, and constitutional provisions.
#Indian Polity
#State Legislature
#Constitution
#Governor
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State Legislature questions appear in every Kerala PSC exam. This note covers the structure, powers, and procedures of state legislatures with special attention to Kerala’s unicameral system.
1. Structure of State Legislature
| Feature | Details |
|---|---|
| Constitutional provision | Articles 168–212 (Part VI) |
| Composition | Governor + Legislative Assembly (Vidhan Sabha) + Legislative Council (Vidhan Parishad, where it exists) |
| Unicameral states | Most states including Kerala — only Vidhan Sabha |
| Bicameral states (2024) | Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh |
2. Vidhan Sabha (Legislative Assembly)
| Feature | Details |
|---|---|
| Maximum strength | 500 members |
| Minimum strength | 60 members |
| Exception | Small states like Sikkim (32), Goa (40), Mizoram (40) can have fewer |
| Election | Direct election by people on universal adult suffrage |
| Nominated members | Governor can nominate 1 Anglo-Indian member (provision removed by 104th Amendment, 2020) |
| Term | 5 years (can be dissolved earlier by Governor on CM’s advice) |
| Quorum | 1/10th of total members or 10 members, whichever is greater |
| Speaker | Presiding officer; elected from among members |
| Deputy Speaker | Assists Speaker; also elected from among members |
Kerala Vidhan Sabha
| Feature | Details |
|---|---|
| Total seats | 140 |
| Reservation | SC: 2 seats, ST: 0 (general constituencies) |
| First Assembly | 1957 (first elected communist government in the world) |
| First Speaker | Shankunni Menon (1948, Travancore-Cochin Assembly); R. Sankar (Kerala Assembly, 1957) |
3. Vidhan Parishad (Legislative Council)
| Feature | Details |
|---|---|
| Maximum strength | 1/3rd of Vidhan Sabha strength |
| Minimum strength | 40 members |
| Creation/Abolition | State Assembly passes resolution by special majority; then Parliament passes an Act (Article 169) |
| Term | Permanent body; members serve 6-year terms; 1/3rd retire every 2 years |
| Kerala | Does NOT have a Vidhan Parishad (unicameral) |
Composition of Vidhan Parishad
| Category | Proportion | Elected/Nominated By |
|---|---|---|
| Local bodies | 1/3rd | Elected by members of municipalities, panchayats, district boards |
| Vidhan Sabha members | 1/3rd | Elected by MLAs |
| Teachers | 1/12th | Elected by teachers (3 years experience in secondary schools and above) |
| Graduates | 1/12th | Elected by graduates (3 years standing) |
| Governor’s nominees | 1/6th | Nominated by Governor (persons with knowledge in literature, science, art, cooperative movement, social service) |
4. Governor’s Role in State Legislature
| Power | Details |
|---|---|
| Summoning | Summons sessions of state legislature |
| Prorogation | Can prorogue the house |
| Dissolution | Can dissolve Vidhan Sabha (not Parishad — it’s permanent) |
| First address | Addresses first session after general election and first session each year |
| Nomination | Can nominate members to Vidhan Parishad (1/6th) |
| Assent to bills | Can give assent, withhold assent, or reserve bill for President |
| Ordinance | Can promulgate ordinances when legislature not in session (Article 213) |
| Money bills | Can only be introduced with Governor’s prior recommendation |
| Budget | Causes the annual budget to be laid before the Assembly |
Governor’s Options on a Bill
| Option | Effect |
|---|---|
| Give assent | Bill becomes law |
| Withhold assent | Bill fails (rarely used; constitutional crisis if misused) |
| Return for reconsideration | Legislature can pass again; if passed again, Governor MUST give assent (not applicable to Money Bills) |
| Reserve for President | President can assent, withhold, or return; no time limit for President |
5. Legislative Process — How a Bill Becomes Law
| Stage | Description |
|---|---|
| Introduction (First Reading) | Bill introduced; title and objectives read |
| Second Reading | General discussion; then clause-by-clause consideration in committee |
| Committee Stage | Select Committee or Joint Committee examines (if referred) |
| Report Stage | Committee reports back; amendments moved |
| Third Reading | Final debate and voting; bill passed if majority supports |
| Sent to other house | If bicameral: sent to Parishad (which can delay by max 4 months total) |
| Governor’s assent | Bill sent to Governor |
| Becomes Act | After Governor’s assent (or President’s, if reserved) |
6. Types of Bills
| Type | Features |
|---|---|
| Ordinary Bill | Can be introduced in either house; needs simple majority |
| Money Bill | Only in Vidhan Sabha; Governor’s prior recommendation needed; Parishad can only delay 14 days |
| Financial Bill | Contains some financial provisions but is not purely a Money Bill |
| Constitutional Amendment Bill | If it affects federal provisions, state ratification needed (Article 368) |
Money Bill vs Ordinary Bill
| Feature | Money Bill | Ordinary Bill |
|---|---|---|
| Introduction | Only in Vidhan Sabha | Either house |
| Governor’s prior recommendation | Required | Not required |
| Vidhan Parishad’s power | Can delay only 14 days; cannot reject or amend | Can delay up to 4 months (3 months + 1 month on second occasion) |
| Speaker’s certification | Required (Speaker decides if it is a Money Bill) | Not required |
7. Dissolution, Prorogation, and Adjournment
| Term | Meaning | Who Does It |
|---|---|---|
| Adjournment | Temporary suspension of sitting (hours or days) | Speaker |
| Prorogation | End of a session | Governor |
| Dissolution | End of the life of Vidhan Sabha | Governor (on CM’s advice or at discretion in hung assembly) |
Effects of Dissolution
| What Happens | What Does NOT Happen |
|---|---|
| All pending bills lapse | Members retain personal privileges until new assembly |
| Committees cease to function | Speaker continues until new Speaker elected |
| No-confidence motion lapses | — |
8. Privileges of State Legislature Members
| Privilege | Details |
|---|---|
| Freedom of speech | No legal action for anything said in legislature (Article 194) |
| Freedom from arrest | Cannot be arrested in civil cases during session and 40 days before/after |
| Right to publish proceedings | No liability for publications authorized by legislature |
| Right to exclude strangers | Can hold secret sessions |
| Power to punish for contempt | Can imprison for breach of privilege |
9. Comparison: Lok Sabha vs Vidhan Sabha
| Feature | Lok Sabha | Vidhan Sabha |
|---|---|---|
| Maximum strength | 550 (elected) + 2 (nominated) | 500 |
| Minimum strength | — | 60 |
| Presiding officer | Speaker | Speaker |
| Dissolution by | President | Governor |
| No-confidence motion | Against PM/Council of Ministers | Against CM/Council of Ministers |
| Money Bill certification | Lok Sabha Speaker | Vidhan Sabha Speaker |
| Term | 5 years | 5 years |
10. Important Articles at a Glance
| Article | Subject |
|---|---|
| 168 | Constitution of state legislatures |
| 170 | Composition of Vidhan Sabha |
| 171 | Composition of Vidhan Parishad |
| 174 | Sessions, prorogation, dissolution |
| 176 | Governor’s address |
| 178 | Speaker of Vidhan Sabha |
| 194 | Privileges of members |
| 196 | Provisions for Money Bills |
| 197 | Restriction on powers of Vidhan Parishad |
| 200 | Assent to bills |
| 202 | Annual financial statement (Budget) |
| 213 | Power of Governor to promulgate ordinances |
11. PSC Quick-Fire Facts
| Question | Answer |
|---|---|
| How many states have bicameral legislature (2024) | 6 |
| Does Kerala have Vidhan Parishad | No (unicameral) |
| Maximum strength of Vidhan Sabha | 500 |
| Term of Vidhan Parishad member | 6 years |
| Vidhan Parishad can delay ordinary bill by | Maximum 4 months |
| Vidhan Parishad can delay money bill by | Maximum 14 days |
| Who decides if a bill is Money Bill | Speaker of Vidhan Sabha |
| Quorum of Vidhan Sabha | 1/10th of members or 10, whichever is greater |
| Who dissolves Vidhan Sabha | Governor |
| Article for Governor’s ordinance power | Article 213 |
| Total seats in Kerala Assembly | 140 |
| First elected communist government in the world | Kerala, 1957 (EMS Namboodiripad) |
| Governor can nominate what fraction to Parishad | 1/6th |
| Minimum age for Vidhan Sabha membership | 25 years |
| Minimum age for Vidhan Parishad membership | 30 years |
Related Notes
Hub: Indian Polity — Complete Guide for Kerala PSC
More on State and Local Government:
Practice this topic: State Legislature Quiz
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