Consider the following statements: The Constitution of India provides that 1. the Legislative Assembly of each State shall consist of not more than 450 members chosen by direct election from territorial constituencies in the State. 2. a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State if he/she is less than 25 years of age. Which of the statements given above is/are correct?

1. Structure of State Legislatures (Articles 168–169) (basic)

At the heart of state governance is the State Legislature. Just as the Parliament is the supreme law-making body of the Union, the State Legislature performs this role for the States. Under Article 168, the Constitution provides that every state must have a legislature consisting of the Governor and either one or two houses. The Governor is an integral part of the legislature because no bill can become law without their assent, even though they are not a member of either House. Indian Polity, M. Laxmikanth, State Legislature, p.334

Most states in India follow a Unicameral system, meaning they have only one house: the Legislative Assembly (Vidhan Sabha). However, the Constitution gives states the flexibility to have a Bicameral system, adding a second house called the Legislative Council (Vidhan Parishad). Currently, only six states have two houses: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. Indian Constitution at Work, Class XI NCERT, LEGISLATURE, p.102. The Legislative Assembly represents the people directly and is the more powerful house, while the Council acts as a deliberative body of experts and elders.

The flexibility to change this structure lies in Article 169. This Article outlines the process for the abolition or creation of a Legislative Council. It is a unique 'partnership' process: the State Legislative Assembly must first pass a resolution by a special majority (majority of total membership and 2/3rds of members present and voting). Once this is done, the Parliament has the power to pass a simple law to give it effect. Interestingly, such a law passed by Parliament is not considered an amendment to the Constitution under Article 368, making the process relatively flexible. Indian Polity, M. Laxmikanth, State Legislature, p.334

Feature	Legislative Assembly (Vidhan Sabha)	Legislative Council (Vidhan Parishad)
Necessity	Mandatory for all states.	Optional (only in 6 states).
Nature	Directly elected by the people.	Indirectly elected/Nominated.
Creation	Fixed by the Constitution.	Created/Abolished under Article 169.

Sources: Indian Polity, M. Laxmikanth, State Legislature, p.334; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), LEGISLATURE, p.102

2. Composition and Strength of the Legislative Assembly (basic)

The Legislative Assembly (also known as the Vidhan Sabha) is the popular house of the state legislature, representing the people of the state directly. Just like the Lok Sabha at the national level, its members are chosen through direct elections based on universal adult franchise. To ensure that the House is neither too large to function effectively nor too small to be unrepresentative, the Constitution has laid down specific limits on its strength Indian Polity, M. Laxmikanth, Chapter 33, p.335.

Under Article 170, the maximum strength of an Assembly is fixed at 500, while the minimum strength is generally 60. However, because India has several smaller states with lower populations, the Constitution provides for specific exceptions to this minimum limit to ensure these regions have their own functional legislatures. For instance, the minimum strength is fixed at 30 for Arunachal Pradesh, Sikkim, and Goa; 40 for Mizoram; and 46 for Nagaland Indian Polity, M. Laxmikanth, Chapter 33, p.335.

Regarding eligibility, a person must meet certain qualifications under Article 173 to become a member (MLA). The most critical of these is the minimum age requirement of 25 years. This is identical to the age requirement for the Lok Sabha. Additionally, until recently, the Governor had the power to nominate one member from the Anglo-Indian community if they were underrepresented. However, this provision was discontinued by the 104th Constitutional Amendment Act, 2020 Indian Polity, M. Laxmikanth, Chapter 33, p.335.

Feature	Standard Provision	Exceptions / Special Notes
Maximum Strength	500 Members	None
Minimum Strength	60 Members	Sikkim, Goa, Arunachal (30); Mizoram (40); Nagaland (46)
Minimum Age	25 Years	Same as Lok Sabha

Sources: Indian Polity, M. Laxmikanth, Chapter 33: State Legislature, p.335; Introduction to the Constitution of India, D. D. Basu, The State Legislature, p.288

3. The Upper House: Legislative Council (Vidhan Parishad) (intermediate)

In our journey through the state legislature, we now reach the Legislative Council (Vidhan Parishad), the 'Upper House'. Unlike the Assembly, this house is not a mandatory feature for every state; it is a permanent body that cannot be dissolved, similar to the Rajya Sabha at the Center. Its primary purpose is to act as a revisory chamber, ensuring that hasty or ill-considered legislation from the lower house is given a second look by a more 'elderly' and experienced body Indian Polity, M. Laxmikanth, Chapter 33, p.335.

The composition of the Council is unique and quite different from any other body in the Indian democracy. To prevent the Council from overpowering the popular will of the Assembly, the Constitution (Article 171) stipulates that its total strength must not exceed one-third of the total strength of the Legislative Assembly of that state, with a minimum floor of 40 members Introduction to the Constitution of India, D. D. Basu, The State Legislature, p.282. This ensures the Council remains a deliberative partner rather than a political rival.

The manner of election is a blend of various functional representations, designed to bring in diverse expertise. Here is the mathematical breakdown of how members are chosen:

• 1/3 are elected by members of local bodies (municipalities, district boards, etc.).
• 1/12 are elected by graduates of three years' standing residing in the state.
• 1/12 are elected by teachers of three years' standing (not lower than secondary school).
• 1/3 are elected by the members of the Legislative Assembly (MLAs) from among persons who are not members of the assembly.
• The remaining 1/6 are nominated by the Governor from people with special knowledge in literature, science, art, cooperative movement, and social service.

This system utilizes proportional representation by means of a single transferable vote (STV), ensuring that even minority opinions and specialized professional groups find a voice in the legislative process Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.244.

Feature	Legislative Assembly (Vidhan Sabha)	Legislative Council (Vidhan Parishad)
Nature	Temporary (5-year term)	Permanent (cannot be dissolved)
Direct/Indirect	Directly elected by the people	Indirectly elected + Nominated
Minimum Age	25 years	30 years

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 33: State Legislature, p.335-336; Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Legislature, p.282; Introduction to the Constitution of India, D. D. Basu (26th ed.), The Union Legislature, p.244

4. Disqualifications and the Tenth Schedule (intermediate)

In the functioning of a State Legislative Assembly, maintaining the integrity of the House is paramount. Disqualifications ensure that members who lose their legal or moral standing do not continue to hold office. These disqualifications generally fall into two categories: those mentioned in the Constitution/Representation of the People Act (RPA) and those under the Tenth Schedule (Anti-Defection Law).

Under Article 191 of the Constitution, a member of the State Legislature faces disqualification if they hold an office of profit, are of unsound mind, are undischarged insolvents, or have lost their Indian citizenship. These provisions are analogous to those for Members of Parliament under Article 102 D. D. Basu, Introduction to the Constitution of India, The State Legislature, p.283. Additionally, the Representation of the People Act, 1951 adds further grounds, such as being found guilty of certain election offenses, being convicted for an offense resulting in imprisonment for two or more years, or failing to lodge election expenses within the stipulated time.

The Tenth Schedule, popularly known as the Anti-Defection Law, was added by the 52nd Amendment Act of 1985 to curb the "evil or mischief" of political defections motivated by power or material gain M. Laxmikanth, Indian Polity, Anti-Defection Law, p.597-598. A member incurs disqualification under this law in four specific scenarios:

• Voluntary Exit: If they voluntarily give up the membership of the political party on whose ticket they were elected.
• Defying the Whip: If they vote (or abstain from voting) contrary to the directions issued by their political party without prior permission.
• Independent Members: If an independently elected member joins any political party after the election.
• Nominated Members: If a nominated member joins a political party after the expiry of six months from taking their seat M. Laxmikanth, Indian Polity, Parliament, p.227.

Crucially, the decision-making authority for disqualification under the Tenth Schedule is the Speaker (for the Assembly) or the Chairman (for the Council), and not the Governor M. Laxmikanth, Indian Polity, Parliament, p.227. It is also important to note that the 91st Amendment Act of 2003 strengthened this law by removing the exception that previously protected members in the event of a "split" in a political party M. Laxmikanth, Indian Polity, Anti-Defection Law, p.597.

Sources: Introduction to the Constitution of India, The State Legislature, p.283; Indian Polity, Parliament, p.227; Indian Polity, Anti-Defection Law, p.597-598

5. Qualifications for Membership (Article 173) (exam-level)

To represent the people in a State Legislature, the Constitution sets out specific criteria that act as a gateway for candidates. Under Article 173, the primary qualifications are foundational, ensuring that those making laws for the state possess a minimum level of maturity and a legal bond with the nation. First and foremost, a person must be a citizen of India. Additionally, they must make and subscribe to an oath or affirmation before a person authorized by the Election Commission, swearing to bear true faith and allegiance to the Constitution of India Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Legislature, p.283.

The Constitution also sets a minimum age limit to ensure legislative experience and maturity. This limit varies depending on which house of the State Legislature the candidate seeks to join. While the Legislative Assembly requires a younger threshold, the Legislative Council (where it exists) demands a slightly higher age, reflecting its role as a 'House of Elders' at the state level Indian Polity, M. Laxmikanth (7th ed.), State Legislature, p.335.

Feature	Legislative Assembly (MLA)	Legislative Council (MLC)
Minimum Age	25 Years	30 Years
Constitutional Basis	Article 173(b)	Article 173(b)

It is important to note that Article 173 is not exhaustive. The Constitution grants Parliament the power to prescribe additional qualifications through law. Parliament exercised this power by enacting the Representation of the People Act, 1951. For instance, while the Constitution doesn't explicitly say you must be a registered voter to contest, the RPA 1951 mandates that a candidate for the Assembly must be an elector for any assembly constituency in that state Indian Polity, M. Laxmikanth (7th ed.), Election Laws, p.579. This distinction between Constitutional and Statutory (Parliament-made) qualifications is a frequent nuance in competitive exams.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), The State Legislature, p.283; Indian Polity, M. Laxmikanth (7th ed.), State Legislature, p.335; Indian Polity, M. Laxmikanth (7th ed.), Election Laws, p.579

6. Solving the Original PYQ (exam-level)

Now that you have explored the structural framework of the State Legislature, this question tests your ability to recall precise constitutional limits and eligibility criteria. In our study of Indian Polity by M. Laxmikanth, we learned that the Composition of the Assembly is governed by specific numerical bounds to ensure proportional representation across states. This question brings together the numerical ceilings found in Article 170 and the qualification standards of Article 173, requiring you to distinguish between actual constitutional provisions and plausible-sounding distractors.

Let’s walk through the reasoning. Statement 1 claims a maximum of 450 members; however, Article 170 of the Constitution stipulates that the maximum strength is fixed at 500 (while the minimum is generally 60), as detailed in Chapter 33: State Legislature. Therefore, statement 1 is factually incorrect. Statement 2 focuses on age. Just as with the Lok Sabha at the Union level, the Constitution mandates that a person must be at least 25 years of age to be chosen for the Legislative Assembly. Since statement 2 is a direct reflection of these eligibility requirements, the correct answer is (B) 2 only.

UPSC often employs "Numerical Distractors"—like substituting 450 for 500—to test whether you have mastered exact technical details rather than just a general overview. A common trap is for students to confuse the actual membership of a specific large state (like Uttar Pradesh) or the Lok Sabha with the Constitutional ceiling for all assemblies. As a coach, I advise you to always scrutinize hard numbers in the Constitution, as they are the most frequent points of modification in Prelims questions.