The State Legislature occupies a pre-eminent and central position in the political system of a state. Article 168 to 212 in Part VI of the Constitution deal with the State Legislature.

 

Organisation of State Legislature:

There is no consistency in the organisation of state legislatures. The majority of states have a unicameral system, but others have a bicameral system. Currently (2013), only six states have two Houses (bicameral). These are Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra, Karnataka, and Jammu & Kashmir. The Tamil Nadu Legislative Council Act, 2010, has not yet taken effect. The Andhra Pradesh Legislative Council Act, 2005, resurrected the Legislative Council. The 7th Amendment Act of 1956 established a Legislative Council in Madhya Pradesh. The President must, however, issue a notification to that effect. So far, no such notification has been issued. As a result, Madhya Pradesh continues to have only one House.

The unicameral system is used by the twenty-two states. The governor and the legislative assembly make up the state legislature in this country. The state legislature in bicameral states is made up of the governor, the legislative council, and the legislative assembly. The upper house (second chamber or house of elders) is the legislative council (Vidhan Parishad), while the lower house (Vidhan Sabha) is the legislative assembly (Vidhan Sabha) (first chamber or popular house).

The Constitution allows for the creation or removal of legislative councils in states. As a result, if the legislative assembly of the concerned state votes a resolution to that effect, the Parliament can remove a legislative council (where one already exists) or establish one (where one does not exist). A special majority, that is, a majority of not less than two-thirds of the assembly members present and voting, is required for such a specialised resolution to be passed by the state assembly. This Act of Parliament is not to be construed as a constitutional amendment for the purposes of Article 368, and it is passed in the same manner as any other item of legislation (i.e., by simple majority).

"The notion of creating a second chamber in the states was criticised in the Constituent Assembly because it was not representative of the people, it slowed the legislative process, and it was an expensive institution." As a result, a provision was made for the abolition or creation of a legislative council to allow a state to have or not have a second chamber based on its own willingness and financial strength. Andhra Pradesh, for example, established a legislative council in 1957 and removed it in 1985. After the passage of the Andhra Pradesh Legislative Council Act in 2005, the Legislative Council of Andhra Pradesh was resurrected in 2007. Tamil Nadu's legislative council was disbanded in 1986, and Punjab and West Bengal's in 1969.

The Tamil Nadu Legislative Assembly passed a motion in 2010 to resurrect the Legislative Council in the state. As a result, the Tamil Nadu Legislative Council Act, 2010, was passed by the Parliament, establishing the state's Legislative Council. However, prior to the implementation of this Act, the Tamil Nadu Legislative Assembly approved another resolution in 2011 calling for the elimination of the proposed Legislative Council.