State legislatures explained: unicameral vs. bicameral systems (UPSC polity)

The Twin Chambers: Decoding the Heart of State Governance

In the grand political theatre of India, while Parliament in New Delhi scripts the national narrative, the State Legislature directs the story within each state. It is the preeminent body in a state’s political ecosystem, the engine room of local law-making and governance. The constitutional blueprint for this intricate machinery is laid out in Articles 168 to 212 in Part VI of the Constitution.

Imagine a state as a large ship. The State Legislature is its navigation bridge. But does this bridge need one captain’s deck or two? This very question leads to the primary classification of state legislatures in India.

Organisation: A Tale of One House or Two

Unlike the uniform bicameral structure at the Centre (Lok Sabha and Rajya Sabha), states have the flexibility to choose their legislative design. This leads to two distinct systems:

1. Unicameral System: The majority of Indian states operate with a single-house legislature. This system consists of the Governor and the Legislative Assembly (also known as the Vidhan Sabha). It is a streamlined model, often praised for its efficiency and directness.
2. Bicameral System: A select group of states has a two-house system. This structure includes the Governor, the Legislative Assembly (Lower House), and the Legislative Council (also known as the Vidhan Parishad), which serves as the Upper House.

Fun Fact: The idea of a second chamber (Upper House) is often seen as a “revising chamber” to prevent hasty or populist legislation by the directly elected Lower House. However, its utility was fiercely debated in the Constituent Assembly, with critics arguing it was undemocratic and expensive.

At present, only six states are part of the ‘Bicameral Club’:

• Andhra Pradesh
• Bihar
• Karnataka
• Maharashtra
• Telangana
• Uttar Pradesh

To easily remember these states for the Prelims exam, use the following mnemonic:

Mnemonic for Bicameral States: KUMBAT

K - Karnataka

U - Uttar Pradesh

M - Maharashtra

B - Bihar

A - Andhra Pradesh

T - Telangana

The Power to Choose: The Story of Article 169

The Constitution grants states a unique power: the ability to request the creation or abolition of their Legislative Council. This process, enshrined in Article 169, is a fascinating example of federal dynamics.

Let’s imagine a state, ‘Vindhya Pradesh’, currently has a unicameral legislature. The government feels that complex modern legislation requires a ‘house of elders’ for deeper scrutiny. How can it get a Legislative Council?

1. The State’s Resolve: The journey begins in the state’s own Legislative Assembly (Vidhan Sabha). It must pass a resolution calling for the creation of a Council. This isn’t a simple vote; it requires a special majority—a majority of the assembly’s total membership and a majority of not less than two-thirds of the members present and voting. This high bar ensures there is a strong consensus within the state for such a significant structural change.

2. Parliament’s Assent: This resolution is then sent to the Parliament of India. Now, the power shifts to the Centre. Parliament can either accept or reject this request. If it accepts, it will pass a law to create the Council for Vindhya Pradesh.

3. The Constitutional Twist: Here’s the most crucial part for UPSC aspirants. The act passed by Parliament to create or abolish a legislative council only requires a simple majority. Furthermore, this act is explicitly not to be considered a constitutional amendment under Article 368. This makes the entire process flexible and dynamic, allowing the legislative structure of states to evolve without undergoing the rigid process of constitutional amendment.

Statistical Insight: The strength of a Legislative Council is constitutionally capped. It cannot exceed one-third of the total strength of the state’s Legislative Assembly, ensuring the primacy of the directly elected house. It also has a minimum strength of 40 members.

Critical Policy Appraisal

The debate over the utility of the Vidhan Parishad is as old as the Constitution itself. Here is a balanced view:

Fun Fact: The Jammu and Kashmir Legislative Council, one of the oldest in the country (established in 1957), was abolished in 2019 following the Jammu and Kashmir Reorganisation Act, which converted the state into two Union Territories.

Analytical Lens: UPSC Focus (Mains & Prelims)

Conceptual Basis: The legal backbone of this topic rests on two key constitutional articles:

• Article 168: Mandates the constitution of Legislatures in States (either unicameral or bicameral).
• Article 169: Details the unique procedure for the abolition or creation of Legislative Councils in States.

UPSC Integration: Connecting the Dots

1. Indian Polity (GS Paper 2): Directly compare the powers and functions of the Legislative Council with the Rajya Sabha. While both are upper houses, the Rajya Sabha has substantially more powers (e.g., in matters of All-India Services) than a Legislative Council, which is largely an advisory body.
2. Federalism (GS Paper 2): The process in Article 169 is a classic example of India’s asymmetric federalism. It demonstrates a flexible constitutional structure where states initiate a change, but the final authority rests with the Union Parliament, showcasing a blend of federal and unitary features.
3. Governance & Accountability (GS Paper 2): Analyze the role of a second chamber in enhancing legislative scrutiny, accountability, and the quality of debate, versus its potential to cause policy paralysis or become a tool for political patronage.

Future Impact & Policy Relevance: The debate over creating or reviving Legislative Councils is politically vibrant. States like West Bengal have passed resolutions to re-establish their councils, raising questions about financial feasibility and political motives. The future relevance of these bodies will depend on their ability to function as deliberative platforms for experts rather than as mere political parking lots. Their role in deepening democracy by scrutinizing legislation at the state level remains a potent, if often unrealized, ideal.

UPSC Prelims Practice Question (MCQ):

Question: With reference to the creation of a Legislative Council in a state, which of the following statements is/are correct?

1. The Parliament can create a Legislative Council on its own initiative if it deems it necessary for a state.
2. The resolution passed by the State Legislative Assembly for this purpose requires a special majority.
3. The Act of Parliament creating the Legislative Council is considered a constitutional amendment under Article 368.

Select the correct answer using the code given below: (a) 1 and 3 only (b) 2 only (c) 2 and 3 only (d) 1, 2 and 3

Answer and Explanation: Correct Answer: (b) Explanation: Statement 1 is incorrect; Parliament can only act after the concerned State Legislative Assembly passes a resolution to that effect. Statement 2 is correct; the resolution must be passed by a special majority (majority of total membership and 2/3rd of members present and voting). Statement 3 is incorrect; Article 169(2) explicitly states that such a law is not to be deemed an amendment of the Constitution for the purposes of Article 368 and is passed by a simple majority.

UPSC Mains Practice Question (15 Marks):

Question: The Legislative Council (Vidhan Parishad) is often criticized as a ‘superfluous and expensive’ institution. Critically analyze this statement in the context of its intended role as a revising chamber and its actual functioning in the Indian federal system.

Mind Map Outline (Revision Structure)

• State Legislature
  • Constitutional Provisions
    • Part VI of the Constitution
    • Articles 168 to 212
  • Organisation of Legislature (Article 168)
    • Unicameral System
      • Composition: Governor + Legislative Assembly (Vidhan Sabha)
      • Prevalence: Majority of states
    • Bicameral System
      • Composition: Governor + Legislative Assembly + Legislative Council (Vidhan Parishad)
      • Current States (Mnemonic: KUMBAT)
        • Karnataka
        • Uttar Pradesh
        • Maharashtra
        • Bihar
        • Andhra Pradesh
        • Telangana
  • Legislative Council (Vidhan Parishad)
    • Creation and Abolition (Article 169)
      • Role of State Assembly
        • Must pass a resolution.
        • Requires a Special Majority.
      • Role of Parliament
        • Acts on the state’s resolution.
        • Passes a law by Simple Majority.
        • Crucial Point: Not deemed a Constitutional Amendment under Article 368.
    • Critical Appraisal
      • Arguments Against (Criticisms)
        • Expensive and financially burdensome
        • Causes legislative delays
        • Used for political patronage (‘backdoor entry’)
      • Arguments For (Justifications)
        • Acts as a check on hasty legislation
        • Platform for experts and non-elected representatives
        • Enhances deliberative democracy