The State Legislative Assembly (Vidhan Sabha) Explained

The State Legislative Assembly, known in Hindi as the Vidhan Sabha, is the directly elected lower house of a state legislature in India, created under Article 170 of the Constitution and responsible for making state laws, controlling the state budget and holding the state government to account. Every Indian state has a Legislative Assembly, and in six states it works alongside an indirectly elected upper house called the Legislative Council (Vidhan Parishad).

Because the Chief Minister and the Council of Ministers must retain the confidence of a majority of its members, the State Legislative Assembly is the centre of political power in a state. This explainer sets out how the Vidhan Sabha is composed, who presides over it, what it can and cannot do, and how it is dissolved.

Key Takeaways

• The State Legislative Assembly is the directly elected house of a state legislature, and Article 170 fixes its strength at not more than 500 and not less than 60 members, subject to exceptions for small states.
• A Legislative Assembly lasts five years from its first meeting, and the Governor can dissolve it earlier, usually on the advice of the Chief Minister.
• The Council of Ministers of a state is collectively responsible to the Legislative Assembly under Article 164(2), so a government that loses its majority in the House must resign.
• A Money Bill in a state can be introduced only in the Legislative Assembly, and the Legislative Council can only recommend changes to it.
• The Speaker of the Legislative Assembly is elected by its members, presides over its sittings and decides questions of disqualification under the Tenth Schedule, although those decisions are open to judicial review.
• Legislative Councils exist only in a few states, and the Legislative Assembly has the final say in the legislative process because the Council can delay an ordinary bill but cannot defeat it.

What is the State Legislative Assembly?

The State Legislative Assembly is the popular chamber of a state legislature, whose members are elected directly by voters in territorial constituencies. Under Article 168, the legislature of a state consists of the Governor and either one house (the Legislative Assembly) or two houses (the Assembly and a Legislative Council).

Each member of the Legislative Assembly is called a Member of the Legislative Assembly (MLA). The Assembly is the counterpart of the Lok Sabha at the national level. The state list and the concurrent list of the Seventh Schedule determine the subjects on which it can legislate, including police, public health, agriculture, local government and land, along with shared subjects such as education, forests and criminal law.

How many members does a Legislative Assembly have?

A Legislative Assembly must have at least 60 and at most 500 members chosen by direct election, according to Article 170(1). The exact strength of each state is fixed by law on the basis of population, with one MLA elected from each constituency.

Some states fall below the minimum of 60 because of special constitutional provisions. Sikkim has 32 members, while Goa and Mizoram have 40 each. The Union Territories of Delhi, Puducherry and Jammu and Kashmir also have legislative assemblies, created by separate laws and not by Article 170.

Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population under Article 332. After each census the constituencies are meant to be readjusted, but the Constitution freezes this exercise until the first census taken after the year 2026. The 106th Amendment of 2023 provides for reserving one-third of the seats in state assemblies for women, to take effect after the next delimitation.

Who can become a member of the Legislative Assembly?

A person can become an MLA if the person is a citizen of India, is at least 25 years old and fulfils the other qualifications laid down by Parliament, as provided in Article 173. The candidate must also be a registered elector in India, and seats reserved for Scheduled Castes or Scheduled Tribes can be contested only by members of those groups.

Article 191 and the Representation of the People Act, 1951 list the grounds for disqualification. They include holding an office of profit under the government, being of unsound mind as declared by a court, being an undischarged insolvent, ceasing to be a citizen and being convicted of certain offences. Defection from a party is a separate ground, covered by the Tenth Schedule.

Voters aged 18 and above are entitled to vote, following the 61st Constitutional Amendment of 1988, which lowered the voting age from 21. Elections are conducted by the Election Commission of India under Article 324.

How long does a Legislative Assembly last?

A Legislative Assembly continues for five years from the date appointed for its first meeting, and the expiry of that period automatically dissolves it, according to Article 172(1). The five-year term was restored by the 44th Amendment of 1978 after the 42nd Amendment had extended it to six years.

During a national Emergency under Article 352, Parliament may extend the life of an Assembly by law for up to one year at a time. The extension cannot continue beyond six months after the Emergency ends. Without such an extension, a fresh general election must be held to constitute a new Assembly before the old term runs out.

An Assembly can also be dissolved before its term ends. The Governor can dissolve it under Article 174(2)(b), generally acting on the advice of the Chief Minister, and the President can dissolve it when President’s Rule is imposed under Article 356. Dissolution brings the House to an end and is followed by a fresh election.

Who presides over the Legislative Assembly?

The Speaker presides over the Legislative Assembly, and the Deputy Speaker takes the chair in the Speaker’s absence. Both are elected by the members of the Assembly from among themselves as soon as possible after a general election, under Article 178.

The Speaker maintains order, decides points of procedure, interprets the rules of the House, admits or rejects motions and questions, and certifies whether a bill is a Money Bill. The Speaker does not vote in the first instance but has a casting vote when the House is evenly divided.

The Speaker’s office can be vacated in three ways under Article 179:

• by ceasing to be a member of the Assembly;
• by resigning in writing to the Deputy Speaker; or
• by removal through a resolution passed by a majority of all the then members of the Assembly, after at least 14 days’ notice.

When the Assembly meets for the first time after a general election, the Governor appoints a senior member as the Pro-tem Speaker. The Pro-tem Speaker administers the oath to the new members and conducts the election of the regular Speaker.

How does the Legislative Assembly make laws?

The Legislative Assembly makes state laws by passing bills that are then sent to the Governor for assent. An ordinary bill may start in either house in a state with two houses, and in a single-house state it begins in the Assembly.

Stages of a bill

• Introduction and first reading, when the bill is formally brought before the House.
• Second reading, comprising a general discussion and a clause-by-clause examination, often after reference to a select or standing committee.
• Third reading, when the House votes to pass the bill as amended.
• Transmission to the Legislative Council, where one exists.
• Assent by the Governor under Article 200.

Under Article 200, the Governor may grant assent, withhold assent, return a non-Money Bill for reconsideration or reserve the bill for the President’s consideration. If the Assembly passes a returned bill again, with or without changes, the Governor cannot withhold assent. Certain bills must be reserved for the President, such as those that affect the powers of the High Court.

When the Assembly is not in session and urgent action is needed, the Governor can promulgate an ordinance under Article 213. An ordinance must be placed before the Assembly after it reassembles and stops operating six weeks after reassembly unless it is approved earlier.

How does the Legislative Assembly control the state budget?

The Legislative Assembly controls the state budget because no tax can be levied and no money can be spent from the Consolidated Fund of the State without its approval. Under Article 202, the Governor lays the Annual Financial Statement, known as the budget, before the Assembly every year.

Expenditure is placed before the House as demands for grants under Article 203. The Assembly can accept, reduce or reject a demand, but it cannot increase it, and a demand can be made only on the recommendation of the Governor. After the demands are voted, an Appropriation Bill is passed under Article 204 to authorise payment from the Consolidated Fund.

The financial committees of the Assembly carry out scrutiny after the money has been spent. The Public Accounts Committee examines the audit reports prepared by the Comptroller and Auditor General (CAG) of India, which are laid before the Assembly through the Governor. The Estimates Committee and the Committee on Public Undertakings look at economy and efficiency in government programmes and state-owned enterprises.

Money Bills are treated differently from ordinary bills. Under Article 198, a Money Bill can be introduced only in the Legislative Assembly, and the Legislative Council has 14 days to return it with recommendations that the Assembly is free to accept or reject.

How does the Legislative Assembly hold the government accountable?

The Legislative Assembly holds the state government accountable through the principle of collective responsibility, under which the Council of Ministers remains in office only as long as it enjoys the confidence of a majority of the House. This principle is stated in Article 164(2).

The Governor appoints as Chief Minister the leader who can command a majority in the Assembly. In a hung House, the Governor decides whom to invite, and the invited leader is expected to prove a majority on the floor of the House. The Supreme Court, in S. R. Bommai v. Union of India (1994), held that the majority of a government must be tested on the floor of the Assembly and not decided by the Governor’s personal assessment.

Tools available to MLAs

• Question Hour, in which ministers answer questions on their departments.
• Adjournment motions and calling-attention notices on matters of urgent public importance.
• Debates on the Governor’s address, the budget and policy resolutions.
• Cut motions that signal disapproval of government policy during the budget discussion.
• No-confidence motions, which, if passed, force the government to resign.
• Committees that scrutinise bills, accounts and the work of departments.

Article 176 requires the Governor to address the Assembly at the first session after each general election and at the first session of each year. The address sets out the policies of the government, and the Assembly debates a motion of thanks on it.

What is the relationship between the Assembly and the Legislative Council?

The Legislative Assembly is the more powerful house in a state with two houses, and the Legislative Council, or Vidhan Parishad, acts as a revising and advisory chamber. Under Article 169, Parliament can create or abolish a Legislative Council by an ordinary law, once the Assembly of the state passes a resolution backed by a majority of its total membership and two-thirds of the members present and voting.

The Council’s size is capped under Article 171 at one-third of the Assembly’s strength, with a minimum of 40 members. Its members are chosen indirectly, by MLAs, local bodies, graduates and teachers, with some nominated by the Governor. It is a permanent house, with one-third of its members retiring every two years.

Under Article 197, if the Council rejects a bill passed by the Assembly or proposes amendments the Assembly does not accept, the Assembly may pass the bill again. If the Council again rejects it or fails to pass it within one month, the bill is treated as passed by both houses in the form the Assembly approved. This is why the Council cannot permanently block legislation, in contrast with the Rajya Sabha’s stronger position in Parliament.

What other roles does the Legislative Assembly perform?

The Legislative Assembly performs several roles beyond lawmaking, including electing the President, electing members of the Rajya Sabha and taking part in constitutional amendments. These functions link the states to national institutions.

• The elected MLAs of every state form part of the electoral college that elects the President of India under Article 54.
• MLAs vote to elect the state’s representatives to the Rajya Sabha through a system of proportional representation by the single transferable vote.
• Certain constitutional amendments, such as those on the representation of states in Parliament, need ratification by the Legislatures of at least half the states under Article 368.
• The Assembly can pass a resolution asking Parliament to create or abolish the Legislative Council of its state.
• Resolutions of the Assembly can ask Parliament to legislate on a state subject under Article 252.

Article 194 gives members privileges and immunities, such as freedom of speech inside the House. Under Article 212, the validity of proceedings in the Assembly cannot be questioned in a court on the ground of alleged irregularity of procedure.

What is the role of the Tenth Schedule and the anti-defection law?

The Tenth Schedule, added in 1985 by the 52nd Amendment, disqualifies an MLA who voluntarily gives up the membership of the party on whose ticket the member was elected, or who votes against the party whip. Its purpose is to curb the practice of shifting loyalties after an election.

The decision on disqualification is made by the Speaker. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the Schedule and held that the Speaker’s decision acts as a tribunal order and may be reviewed by the High Courts and the Supreme Court. The 91st Amendment of 2003 removed the exemption for a split in a party and kept only the exception of a merger agreed by two-thirds of the legislature party.

What happens when a Legislative Assembly is dissolved or suspended?

When a Legislative Assembly is dissolved, its life ends and a general election must be held to elect a new one, while a suspended Assembly is placed in what is called suspended animation but continues to exist. The Governor can dissolve the House under Article 174(2)(b), and the Assembly also dissolves automatically at the end of its five-year term.

Under Article 356, if the President is satisfied that the government of a state cannot be carried on in accordance with the Constitution, the President can impose President’s Rule. The powers of the Assembly are then exercised by or under the authority of Parliament. The Assembly may either be dissolved or kept in suspended animation. In S. R. Bommai (1994), the Supreme Court held that the proclamation is subject to judicial review and that Parliament must approve it, and that the Assembly should not be dissolved until Parliament has done so.

The Governor must summon the Assembly so that no more than six months pass between the last sitting of one session and the first sitting of the next session, according to Article 174(1). The Assembly therefore meets at least twice a year, and in most states there are three sessions: budget, monsoon and winter.

Bottom Line

The State Legislative Assembly is the elected core of state government in India. It makes state laws, approves every rupee the government spends and can remove a government that loses its majority. Understanding the Vidhan Sabha explains how a state is governed, how the Chief Minister gains and keeps office and how states connect to the national political system.

Frequently Asked Questions

What is the difference between the Vidhan Sabha and the Vidhan Parishad?

The Vidhan Sabha is the directly elected lower house of a state legislature, while the Vidhan Parishad is the indirectly elected upper house that exists only in some states. The Vidhan Sabha controls the budget and the government, but the Vidhan Parishad can only delay ordinary bills and recommend changes to Money Bills. Only the Vidhan Sabha can remove a Council of Ministers.

How many MLAs are there in a Legislative Assembly?

A Legislative Assembly has between 60 and 500 members under Article 170 of the Constitution, with exceptions for small states. Sikkim has 32 members and Goa and Mizoram have 40 each, while Uttar Pradesh has 403, the largest number among states. The strength is fixed by law on the basis of population.

What is the term of a Legislative Assembly?

The term of a Legislative Assembly is five years from the date of its first meeting, under Article 172. The Governor can dissolve it earlier, usually on the Chief Minister’s advice, and the President can dissolve it during President’s Rule. During a national Emergency, Parliament can extend the term by up to one year at a time.

Who elects the Speaker of the Legislative Assembly?

The members of the Legislative Assembly elect the Speaker from among themselves under Article 178. The election is held soon after the Assembly is constituted, with the Pro-tem Speaker conducting the process. The Speaker can be removed only by a resolution passed by a majority of all the members after 14 days’ notice.

Can the Legislative Assembly remove a Chief Minister?

The Legislative Assembly can remove a Chief Minister indirectly by withdrawing its confidence from the Council of Ministers, since the ministry is collectively responsible to the House under Article 164(2). A successful no-confidence motion, or the defeat of a major bill such as the budget, compels the government to resign. The Governor then looks for a leader who can command a majority.

Can the Governor dissolve the Legislative Assembly on his own?

The Governor can dissolve the Legislative Assembly under Article 174(2)(b), but is generally bound to act on the advice of the Council of Ministers headed by the Chief Minister. The Governor may use discretion in unusual situations, such as when the ministry has lost its majority, subject to judicial review. The Supreme Court’s decision in the S. R. Bommai case set limits on the arbitrary dissolution of Assemblies.

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