Detailed Concept Breakdown
6 concepts, approximately 12 minutes to master.
1. Structure of the State Legislature (Article 168) (basic)
In the Indian federal setup, the state legislature occupies a central position in the political system of a state. Under
Article 168 (found in Part VI of the Constitution), every state is mandated to have a legislature, but the Constitution allows for flexibility in its structure. Unlike the Union Parliament, which is always bicameral (consisting of two houses), there is
no uniformity in the organization of state legislatures across India. Most states have a
unicameral system, while a few have adopted a
bicameral system.
Indian Polity, M. Laxmikanth, Chapter 33, p.334.
The composition of these legislatures depends on whether they have one house or two:
- Unicameral System: The legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha).
- Bicameral System: The legislature consists of the Governor, the Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad).
It is vital to remember that the Governor, though not a member of either house, is considered an integral part of the state legislature, just as the President is a part of the Parliament.
Exploring Society: India and Beyond, NCERT Class VIII, p.157.
At present, only six states in India have a bicameral legislature: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. Interestingly, the status of these houses can change; for instance, the Jammu and Kashmir Legislative Council was abolished in 2019 following the state's reorganization. Additionally, while some states like Tamil Nadu have had legislation passed to create a Council, such laws have not always been implemented, leaving them unicameral for now. Indian Polity, M. Laxmikanth, Chapter 33, p.334.
Remember Use the acronym KUMBAT to remember the six states: Karnataka, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, and Telangana.
Key Takeaway Under Article 168, a state legislature is comprised of the Governor and the Legislative Assembly, with the addition of a Legislative Council only in specifically designated bicameral states.
Sources:
Indian Polity, M. Laxmikanth, Chapter 33: State Legislature, p.334; Exploring Society: India and Beyond, NCERT Class VIII, The Parliamentary System: Legislature and Executive, p.157
2. Creation and Abolition of Vidhan Parishad (Article 169) (intermediate)
In India, the State Legislature isn't a one-size-fits-all model. While every state must have a Legislative Assembly (Vidhan Sabha), the Legislative Council (Vidhan Parishad) is optional. Under Article 169 of the Constitution, the power to create or abolish a Council rests with the Parliament, but the process must be initiated by the state itself. This reflects a balance between federal flexibility and financial prudence; a state can decide to have a second chamber based on its administrative needs and financial capacity Indian Polity, State Legislature, p.335.
The process involves two distinct legal hurdles. First, the State Legislative Assembly must pass a resolution requesting the creation or abolition of the Council. This resolution requires a Special Majority: a majority of the total membership of the House AND a majority of not less than two-thirds of the members present and voting Indian Constitution at Work, ELECTION AND REPRESENTATION, p.69. Second, the Parliament then passes an Act to give effect to this resolution. Interestingly, the Parliament only needs a Simple Majority to pass this law. Crucially, such an Act of Parliament is not considered a Constitutional Amendment under Article 368, even though it changes the structure of the state's legislature Indian Polity, State Legislature, p.334.
Currently, only six states maintain a bicameral system. The history of these councils is often a game of political musical chairs. For instance, Andhra Pradesh has abolished and revived its council multiple times, while states like West Bengal and Punjab abolished theirs in 1969 Indian Polity, State Legislature, p.335.
| Feature |
State Assembly Resolution |
Parliamentary Act |
| Majority Required |
Special Majority (Total + 2/3rd P&V) |
Simple Majority |
| Constitutional Status |
Initiating step |
Final law (Not an Art. 368 amendment) |
1969 — Punjab and West Bengal abolish their Legislative Councils.
1986 — Tamil Nadu abolishes its Legislative Council.
2019 — Jammu and Kashmir Legislative Council is abolished following its reorganization into Union Territories.
Key Takeaway The Vidhan Parishad is a subordinate chamber whose very existence depends on the will of the Legislative Assembly and the final approval of Parliament via a simple law.
Sources:
Indian Polity, M. Laxmikanth, State Legislature, p.334; Indian Polity, M. Laxmikanth, State Legislature, p.335; Indian Constitution at Work, NCERT, ELECTION AND REPRESENTATION, p.69
3. Composition and Membership (Article 171) (intermediate)
Welcome back! Now that we understand how a Legislative Council is created or abolished, let’s look at who actually sits in this House. Article 171 of the Constitution outlines the Composition of the Legislative Council (Vidhan Parishad). Unlike the Legislative Assembly, where you and I vote directly, the Council is a chamber of indirect elections and nominations. This ensures that the House acts as a body of experts and experienced individuals, providing a "second look" at legislation without being swayed by immediate electoral politics.
The size of the Council is strictly regulated to ensure it remains subordinate to the Assembly. The maximum strength is fixed at one-third of the total strength of the state’s Assembly, while the minimum strength is fixed at 40 Laxmikanth, M. Indian Polity, Chapter 33, p.336. This mathematical link ensures the directly elected House always maintains predominance in state affairs. While the Constitution sets these boundaries, the actual strength of a specific state’s Council is determined by the Union Parliament.
The most fascinating part of Article 171 is the manner of election. It uses a "layered" representation system through the Single Transferable Vote (STV) method D.D. Basu, Introduction to the Constitution of India, The Union Legislature, p.244. Roughly 5/6th of the members are indirectly elected, and 1/6th are nominated by the Governor.
Here is the breakdown of the composition:
| Proportion |
Electorate / Source |
| 1/3 |
Members of local bodies (Municipalities, District Boards, etc.) |
| 1/3 |
Members of the Legislative Assembly (MLAs) (from non-members of the Assembly) |
| 1/12 |
Graduates of three years' standing residing in the state |
| 1/12 |
Teachers of three years' standing (Secondary school level or higher) |
| 1/6 |
Nominated by the Governor (Special knowledge in Literature, Science, Art, Cooperative Movement, or Social Service) |
Remember the 1-3-12-6 Rule:
- 1/3 Local Bodies + 1/3 MLAs
- 1/12 Graduates + 1/12 Teachers
- 1/6 Governor (The only ones not elected)
One critical nuance: In the Governor's nominations, the "Cooperative Movement" is a category specifically mentioned for the State Legislative Council, which is not present in the President's nomination criteria for the Rajya Sabha D.D. Basu, Introduction to the Constitution of India, The State Legislature, p.282.
Key Takeaway The Legislative Council is a diverse chamber where 5/6th of members are indirectly elected by local bodies, MLAs, graduates, and teachers, while 1/6th are nominated by the Governor for their expertise.
Sources:
Laxmikanth, M. Indian Polity, Chapter 33: State Legislature, p.336; D.D. Basu, Introduction to the Constitution of India, The State Legislature, p.282; D.D. Basu, Introduction to the Constitution of India, The Union Legislature, p.244
4. Powers and Limitations: Council vs Assembly (intermediate)
In the architecture of a state legislature, the relationship between the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad) is not one of equals. While the Rajya Sabha at the Center enjoys significant parity with the Lok Sabha, the Legislative Council is designed to be a subordinate chamber. The fundamental democratic logic is that the Assembly, which is directly elected by the people, must hold the ultimate authority in a representative government Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), Chapter 5: LEGISLATURE, p.110.
The most striking evidence of this subordinate status is that the very existence of the Council depends on the Assembly. Under Article 169, the Parliament can abolish or create a Council only if the state's Legislative Assembly passes a resolution to that effect. Furthermore, unlike the Parliament where a "Joint Sitting" is used to resolve deadlocks between the two Houses, the state legislature has no provision for a joint sitting. If a conflict arises over an ordinary bill, the Assembly can simply override the Council's objections by passing the bill a second time after a specific waiting period Indian Polity, M. Laxmikanth (7th ed.), Chapter 33: State Legislature, p.345, 347.
| Feature |
Legislative Assembly (Vidhan Sabha) |
Legislative Council (Vidhan Parishad) |
| Money Bills |
Can initiate and has the final say. |
Cannot initiate; can only delay for 14 days. |
| Executive Control |
Council of Ministers is collectively responsible to the Assembly. |
Can discuss and criticize policies but cannot remove the government. |
| Deadlock Resolution |
Its will prevails after a second passage of the bill. |
Can only delay a bill (up to 4 months total). |
When it comes to financial matters, the Council's powers are even more restricted. It cannot reject or amend a Money Bill; it can only make recommendations which the Assembly is free to accept or ignore. If the Council does not return the bill within 14 days, it is deemed to have been passed by both houses Laxmikanth, M. Indian Polity. 7th ed., Chapter 22: Parliament, p.248. This ensures that the "power of the purse" remains firmly with the directly elected representatives of the people.
Key Takeaway The Legislative Council is an advisory and delaying chamber; it cannot block the will of the Legislative Assembly, nor can it remove the government from power.
Sources:
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), Chapter 5: LEGISLATURE, p.110; Indian Polity, M. Laxmikanth (7th ed.), Chapter 33: State Legislature, p.345, 347; Laxmikanth, M. Indian Polity. 7th ed., Chapter 22: Parliament, p.248
5. Current Status: States with Bicameral Legislatures (exam-level)
In the Indian federal structure, the Constitution does not mandate a uniform legislative setup for all states. While the Union Parliament is always bicameral (consisting of the Lok Sabha and Rajya Sabha), the state legislatures can be either unicameral or bicameral. A unicameral legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha), whereas a bicameral legislature adds a second chamber: the Legislative Council (Vidhan Parishad) Exploring Society: India and Beyond, The Parliamentary System: Legislature and Executive, p.156.
As of today, the vast majority of Indian states have a unicameral system. Only six states currently maintain a bicameral legislature. These states are:
- Andhra Pradesh
- Telangana
- Uttar Pradesh
- Bihar
- Maharashtra
- Karnataka
Laxmikanth, Indian Polity, State Legislature, p.334. It is important to note that this list is dynamic. For instance, the Jammu and Kashmir Legislative Council was abolished in 2019 when the state was reorganized into the Union Territories of Jammu & Kashmir and Ladakh Laxmikanth, Indian Polity, State Legislature, p.334.
There are also instances where the legal process for creation was initiated but not completed. For example, although the Tamil Nadu Legislative Council Act, 2010 was passed by Parliament, it was never actually brought into force. Consequently, Tamil Nadu remains a unicameral legislature Laxmikanth, Indian Polity, State Legislature, p.334. Similarly, states like West Bengal and Punjab once had councils but abolished them decades ago (West Bengal in 1969) Laxmikanth, Indian Polity, State Legislature, p.352.
Remember: KUMBAT
Karnataka, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, Telangana.
Key Takeaway Currently, only six Indian states (AP, Telangana, UP, Bihar, Maharashtra, and Karnataka) have a bicameral legislature; all others are unicameral.
Sources:
Exploring Society: India and Beyond, The Parliamentary System: Legislature and Executive, p.156; Laxmikanth, Indian Polity, State Legislature, p.334; Laxmikanth, Indian Polity, State Legislature, p.352
6. Solving the Original PYQ (exam-level)
You’ve just mastered the framework of bicameralism at the state level, understanding that the Vidhan Parishad (Legislative Council) serves as a deliberative second chamber similar to the Rajya Sabha. This question tests your ability to apply that theoretical knowledge to the actual political map of India. As noted in M. Laxmikanth, Indian Polity, the Constitution provides for the abolition or creation of these councils under Article 169, which explains why the list of states is dynamic and not all states possess one. Currently, only six states—Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka—maintain this dual-chamber system.
To arrive at the correct answer, you must filter the options against the current list of bicameral legislatures. Bihar, Maharashtra, and Uttar Pradesh are among the largest states in India and have firmly established two-house systems, making them incorrect choices for a question asking which state does not have one. Tamil Nadu is the correct answer; while the state has historical experience with a second house, it was abolished in 1986. Even though a revival act was passed in 2010, it was never notified, meaning the state remains unicameral today. Pro-tip: Always distinguish between an 'Act passed' and 'House established' to avoid such traps.
UPSC frequently uses states like Bihar and Uttar Pradesh as distractors because they are the "traditional" bicameral heavyweights. A common pitfall for students is failing to keep their list updated with recent changes; for instance, Jammu and Kashmir was a frequent answer in older mock tests but lost its Legislative Council during its 2019 reorganization into Union Territories. By anchoring your reasoning in the "6-state rule" (UP, Bihar, MH, KA, AP, TS), you can confidently eliminate the giants of Indian politics and identify the state currently functioning with only a Vidhan Sabha.