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.

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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.

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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.
🔗 Read More

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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.
🔗 Read More

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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.
🔗 Read More

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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.
🔗 Read More

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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)

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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.”

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References:

1. The Constitution of India, 1950
2. Indian Kanoon (Case Laws & Judgments)
3. D.D. Basu, “Introduction to the Constitution of India”