State Legislatures in India: Vidhan Sabha and Vidhan Parishad

Every Indian state has its own law-making body, and that body decides a surprising amount of everyday life: how land is recorded, how police are run, how public health and agriculture are governed, and how the state spends its money. The state legislature is the institution where these decisions are debated, voted on and held to account. Its upper tier is the Vidhan Parishad, and its lower, directly elected tier is the Vidhan Sabha.

Not every state has both houses. Most Indian states are unicameral, with only a Vidhan Sabha (Legislative Assembly), while a handful are bicameral and also maintain a Vidhan Parishad (Legislative Council). This explainer walks through how each house is formed, what it can and cannot do, how a bill becomes law inside a state, and how law-making power is shared between the states and the Centre. Information on this page was last reviewed on 1 October 2026.

Quick Facts

What Is a State Legislature? The Constitutional Framework

India is a federation, and the Constitution gives each state its own legislature, executive and judiciary. Part VI of the Constitution deals with the states, and Chapter III of that Part, covering Articles 168 to 212, sets out the structure, procedure and powers of the state legislature. Article 168 begins the story by declaring that every state shall have a legislature consisting of the Governor and either one house or two.

The Governor is formally part of the legislature, even though he or she does not sit in either house. The Governor summons the houses, prorogues them, can dissolve the Assembly, addresses the first session of each year and gives assent to bills. This mirrors the way the President is part of Parliament at the Union level.

Historical roots

• The Government of India Act, 1919 created provincial legislative councils with a majority of elected members and introduced dyarchy in the provinces.
• The Government of India Act, 1935 gave provinces greater autonomy and made several of them bicameral, including Bengal, Bombay, Madras, Bihar, the United Provinces and Assam.
• The Constituent Assembly kept the idea of second chambers but made them optional, so that each state could decide for itself.

The Constitution came into force on 26 January 1950, and the first legislatures elected under it followed the first general elections of 1951 to 1952.

Unicameral and Bicameral States

A legislature with one house is called unicameral, and one with two houses is called bicameral. The Constitution does not force a single model on the country. Article 168 allows a state to have a Legislative Assembly alone, or an Assembly together with a Legislative Council.

The great majority of states are unicameral. In these states, the Vidhan Sabha is the only legislative house, and every bill, budget and motion passes through it alone. Union territories with legislatures, such as Delhi and Puducherry, also have a single-house assembly.

Which states have a Vidhan Parishad?

Six states currently have a Legislative Council:

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

Some states have had councils in the past and later lost them. Punjab and West Bengal saw their councils abolished in 1969, and Tamil Nadu followed in 1986. Andhra Pradesh abolished its council in 1985 and revived it in 2007. Jammu and Kashmir had a council until the reorganisation of the state in 2019. A few other state assemblies have passed resolutions asking for councils to be created, but such a change only takes effect once Parliament passes a law.

The Vidhan Sabha: Composition and Election

The Vidhan Sabha is the principal chamber of the state legislature. Its members, known as Members of the Legislative Assembly or MLAs, are chosen directly by the voters of single-member territorial constituencies. Elections use the first-past-the-post system, in which the candidate with the most votes in a constituency wins. Every citizen aged 18 or above who is registered on the electoral roll may vote, a right that follows from the lowering of the voting age in 1988.

Size and constituencies

Article 170 says an Assembly shall have not more than 500 and not fewer than 60 members. Special arrangements allow smaller assemblies in a few small states such as Sikkim, Goa and Mizoram. Uttar Pradesh has the largest Assembly in the country, with 403 seats, while Sikkim has the smallest, with 32. Constituency boundaries are drawn through delimitation exercises carried out by an independent Delimitation Commission, so that each MLA represents roughly the same number of people.

Reserved seats and qualifications

• Article 332 reserves seats in each Assembly for Scheduled Castes and Scheduled Tribes in proportion to their population in the state.
• The earlier provision for nominating Anglo-Indian members was ended by the 104th Constitutional Amendment, which took effect in January 2020.
• A candidate must be a citizen of India, be at least 25 years old, and meet the conditions laid down in the Representation of the People Act, 1951.
• The 106th Constitutional Amendment of 2023 provides for reserving one-third of seats for women in the state Assemblies, with implementation linked to the next delimitation.

Powers and Functions of the Vidhan Sabha

The Vidhan Sabha is the more powerful of the two houses, and in a unicameral state it is the whole legislature. Its work can be grouped under a few heads.

Making the government and breaking it

The leader of the party or coalition that commands a majority in the Assembly is normally invited by the Governor to form the government as Chief Minister. Article 164(2) lays down the principle of collective responsibility: the Council of Ministers is collectively answerable to the Legislative Assembly. If the House passes a no-confidence motion or defeats the government on a crucial vote, the ministry must resign. This is the clearest sense in which the Assembly makes and breaks governments.

Legislation and money

• It makes laws on subjects in the State List and the Concurrent List.
• It controls the state purse. No tax can be levied and no money drawn from the state’s Consolidated Fund without its approval. Money bills can be introduced only in the Assembly.
• The annual financial statement, or state budget, is presented under Article 202, and the Assembly votes on demands for grants for each department.

Oversight and other roles

MLAs question ministers during Question Hour, raise matters in Zero Hour, move adjournment and calling-attention motions, and scrutinise spending through committees such as the Public Accounts Committee and the Estimates Committee. MLAs also vote in the election of the President of India and in the election of the state’s Rajya Sabha members. Elected MLAs, and not members of the Council, form part of the electoral college for these polls. The Tenth Schedule, inserted in 1985, disqualifies members who defect from their parties in certain circumstances, and the 91st Amendment of 2003 capped the size of a state Council of Ministers at 15 percent of the Assembly’s strength.

The Speaker and Other Presiding Officers

Article 178 requires every Vidhan Sabha to elect a Speaker and a Deputy Speaker from among its own members as soon as possible after it meets. The Speaker conducts the proceedings, maintains order, interprets the rules of procedure, decides which motions are admitted, and is the guardian of the privileges of the House and its members.

Key functions of the Speaker

• Presides over sittings and gives the Assembly its voice in dealings with the Governor and the outside world.
• Does not ordinarily vote but may exercise a casting vote in the event of a tie.
• Certifies whether a bill is a money bill, and that decision is final under Article 199.
• Decides questions of disqualification of members under the Tenth Schedule (anti-defection law).
• Can be removed only by a resolution passed by a majority of all the then members of the House, with at least 14 days’ notice.

The Chairman of the Council

In a bicameral state, Article 182 provides for a Chairman and a Deputy Chairman of the Legislative Council, who are elected by the members of the Council from among themselves. The Chairman presides over its sittings, much as the Speaker does in the Assembly, but the Chairman is not an automatic arbiter of money bills, since that role belongs to the Speaker. The Chairman is also a member of the House, unlike the Vice-President, who chairs the Rajya Sabha as an outsider.

The Vidhan Parishad: A Permanent House

The Vidhan Parishad, or Legislative Council, is the second chamber in the six states that have chosen one. Like the Rajya Sabha at the Centre, it is a permanent house. It is never dissolved as a whole. Members serve a term of six years, and one-third of them retire every second year, so that new members continually replace outgoing ones. Article 172 makes this arrangement possible.

How big can the Council be?

Article 171 says the Council may have no more than one-third of the number of members in the Assembly of that state, and in no case fewer than 40 members. The minimum age of a member is 30 years.

Who elects the members?

Council members come from varied constituencies rather than from a single pool of voters:

• About one-third are elected by members of local bodies such as municipalities and district boards.
• About one-third are elected by the MLAs from among persons who are not members of the Assembly.
• About one-twelfth are elected by graduates of at least three years’ standing.
• About one-twelfth are elected by teachers of at least three years’ standing in secondary schools or higher institutions.
• The remaining members, roughly one-sixth, are nominated by the Governor for distinguished work in literature, science, art, the cooperative movement and social service.

The elected members are chosen through proportional representation by means of the single transferable vote, a method which tends to give smaller groups some voice. The thinking behind this mix was to bring professional expertise and local experience into law-making, and to keep a steadier, less election-driven chamber alongside the Assembly.

The Limited Powers of the Vidhan Parishad

Although it is called an upper house, the Council is clearly the junior partner. The Constitution lets it advise and delay, but not overrule. The Assembly has the final word on nearly all matters.

Where the Council falls short

• It cannot make or unmake a government. The Council of Ministers is answerable to the Assembly, not the Council, although a minister, including the Chief Minister, may be a member of the Council.
• It cannot introduce or reject a money bill. It may only make recommendations, which the Assembly is free to accept or ignore.
• It cannot vote on demands for grants.
• Its members do not vote in the presidential election or in Rajya Sabha elections.
• On ordinary bills, it can delay a bill for a limited time, but only the Assembly can ultimately pass it.

The two houses compared

Creating or Abolishing a Legislative Council: Article 169

Because the Constitution treats the Council as optional, there is a process for creating one where none exists or for abolishing an existing one. Article 169 lays this process down.

The steps

• The state’s Legislative Assembly passes a resolution to create or abolish its Council.
• That resolution must be supported by a majority of the total membership of the Assembly and by not less than two-thirds of the members present and voting.
• Parliament then passes a law giving effect to the resolution, by an ordinary majority.

Such a law is not treated as an amendment of the Constitution for the purposes of Article 368, which means the special amendment procedure is not needed. This is why the decision is in practice shared between the state, which proposes, and Parliament, which disposes. A state cannot create or end its council on its own, and Parliament cannot do so without a request from the state’s Assembly.

Debates over councils usually turn on two questions. Supporters say a second house brings expertise and reflection. Critics say it adds expense and delay, and may be used to accommodate politicians who have not won direct elections. The Constitution leaves the answer to each state.

How a Bill Becomes a Law in a State

The route a bill takes depends on whether the state is unicameral or bicameral, and whether the bill is ordinary or financial.

In a unicameral state

• A bill is introduced in the Assembly, either by a minister (a government bill) or by a private member.
• It goes through three readings, with detailed clause-by-clause study often handled by a committee.
• Once it is passed by a majority of members present and voting, it goes to the Governor.

In a bicameral state

An ordinary bill can start in either house. After it passes one house, it goes to the other. If the Council rejects it, fails to pass it within three months, or passes it with amendments the Assembly does not accept, the Assembly may pass it again and send it back. If the Council again rejects it or fails to pass it within one month, the bill is deemed passed by both houses in the form the Assembly last passed it (Article 197). So the Council can delay an ordinary bill for no more than about four months.

Money bills and the Governor

Money bills can only be introduced in the Assembly, with the recommendation of the Governor. After the Assembly passes one, it goes to the Council, which has 14 days to return it with recommendations. The Assembly may accept or reject them. If the Council does nothing in 14 days, the bill is deemed passed (Article 198).

After a bill passes, the Governor may give assent, withhold assent, or reserve it for the consideration of the President. For an ordinary bill, the Governor may also return it with a message for reconsideration, but if the House passes it again, with or without changes, the Governor must give assent. A money bill cannot be returned. Under Article 213, when the legislature is not in session, the Governor can issue ordinances, which must be laid before the legislature and cease to operate six weeks after it reassembles.

Sharing Power with the Centre: State List and Concurrent List

A state legislature does not have unlimited power. Article 246 and the Seventh Schedule divide legislative subjects between the Union and the states under three lists.

• Union List: matters such as defence, foreign affairs, railways, currency and banking, on which only Parliament can legislate.
• State List: matters such as public order, police, public health, agriculture, local government, land and certain state taxes, on which the state legislature has exclusive power in normal times.
• Concurrent List: matters such as education, forests, marriage, criminal law procedure and economic planning, on which both can legislate. If the two conflict, the Union law generally prevails under Article 254, unless the state law received the President’s assent.

When Parliament can enter the State List

• When the Rajya Sabha declares, by a two-thirds majority, that it is in the national interest (Article 249).
• During a national emergency (Article 250).
• When two or more states request Parliament to legislate (Article 252).
• To implement international treaties and agreements (Article 253).
• When President’s Rule is imposed under Article 356, and Parliament exercises the powers of the state legislature.

Residuary powers, meaning subjects not mentioned in any list, rest with Parliament under Article 248. Since the 101st Amendment of 2016, both Parliament and state legislatures can make laws on goods and services tax under Article 246A.

Sessions, Procedure and Protections

The Governor summons each house to meet, and under Article 174 no more than six months may pass between the last sitting of one session and the first sitting of the next. In practice, most Assemblies meet in a budget session, a monsoon session and a winter session. A quorum is one-tenth of the total membership of the house or ten members, whichever is greater (Article 189).

Members enjoy privileges so that they can speak freely. Article 194 protects the freedom of speech in the legislature and shields members from court proceedings for anything said or voted in the House. Article 212 prevents courts from questioning the validity of proceedings in the legislature on grounds of alleged irregularity of procedure, and Article 211 prevents discussion of the conduct of a Supreme Court or High Court judge in the legislature. A member can lose a seat if disqualified under Article 191, which covers holding an office of profit, unsoundness of mind, insolvency, loss of citizenship or defection under the Tenth Schedule.

Committees do much of the detailed work. Besides the finance committees, state legislatures form committees on subordinate legislation, petitions, privileges and government assurances, which examine the work of the executive more closely than a full house can.

In short

The state legislature is where the Indian federal idea becomes concrete. The Vidhan Sabha reflects the direct choice of voters, holds the state government accountable and controls the budget. The Vidhan Parishad, where it exists, offers a more deliberate, advisory second look, but cannot override the elected Assembly. Together with the Governor, they form the law-making machinery of a state, working within the lists of the Seventh Schedule and the limits of the Constitution. Understanding how they differ from each other, and from Parliament, makes it easier to follow news about assembly sessions, council elections and state laws.

Frequently Asked Questions

What is the difference between Vidhan Sabha and Vidhan Parishad?

The Vidhan Sabha is the directly elected lower house with a five-year term, and it controls the budget and the government. The Vidhan Parishad is a permanent, indirectly elected upper house found in only some states, where one-third of its members retire every two years. The Parishad can only advise and delay, while the Sabha has the final say.

How many states in India have a Legislative Council?

Six states currently have a Vidhan Parishad: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. All the other states are unicameral and have only a Vidhan Sabha.

How can a state create or abolish its Legislative Council?

Under Article 169, the state’s Legislative Assembly must pass a resolution by a majority of its total membership and a two-thirds majority of members present and voting. Parliament then passes a law to give effect to it by a simple majority. This is not considered a constitutional amendment.

How are members of the Vidhan Parishad chosen?

Roughly one-third are elected by local bodies, one-third by MLAs, one-twelfth by graduates and one-twelfth by teachers. The rest, roughly one-sixth, are nominated by the Governor for work in fields such as literature, science, art, cooperative movement and social service. Elections use proportional representation by the single transferable vote.

Can the Vidhan Parishad stop a bill from becoming law?

No. For an ordinary bill, the Council can delay passage by a maximum of about four months, after which the Assembly’s version prevails. For money bills, the Council can only make recommendations within 14 days, and the Assembly may reject them.

Who is the head of each house in a state legislature?

The Vidhan Sabha is presided over by the Speaker, assisted by a Deputy Speaker, both elected by the Assembly’s members. The Vidhan Parishad is presided over by a Chairman, assisted by a Deputy Chairman, both elected by the Council’s members.

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