Polity
State Executive and Legislature
State Legislature: Vidhan Sabha and Vidhan Parishad
State legislature for CGPSC: Arts 168–212, Assembly and Council composition, creating or abolishing a Council, Speaker, Bills, privileges and the 90-seat CG Vidhan Sabha.
Prerequisites
- Parliament — the state legislature copies Parliament’s design, so most rules are “Parliament, but with these differences”.
- Chief Minister, Council of Ministers and Advocate General — the ministry is answerable to the Assembly.
The Hook: A New House for 90 Members
Connect
The first sitting of the Chhattisgarh Vidhan Sabha (छत्तीसगढ़ विधानसभा) on 14 December 2000 was held in a borrowed hall, the Jashpur Hall of Rajkumar College, Raipur. Twenty-five years later, on 1 November 2025, a purpose-built Vidhan Sabha building opened at Nava Raipur Atal Nagar.
The building changed, but the rules did not: 90 elected members, a single House, a Speaker, a budget session, and Bills that go to the Governor. Why does Chhattisgarh have one House while Uttar Pradesh and Bihar have two? How long can a Legislative Council hold up a Bill? Who decides whether a Bill is a Money Bill? This page covers the whole of Part VI, Chapter III.
Why it matters: Art 169 (creating or abolishing Councils), the Council’s composition fractions, the six states with Councils, the 3 + 1 month delay rule and the Speaker’s powers are high-frequency Prelims facts. Mains asks whether Legislative Councils are worth keeping.
Organisation (Art 168)
The state legislature = Governor + one or two Houses.
| Type | Houses | States (as of 2026) |
|---|---|---|
| Bicameral | Legislative Assembly (विधानसभा) + Legislative Council (विधान परिषद) | Six: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar, Uttar Pradesh |
| Unicameral | Legislative Assembly only | All other states, including Chhattisgarh |
Councils come and go
- Councils have been abolished in several states, e.g. West Bengal (1969), Punjab (1970), Tamil Nadu (1986). Andhra Pradesh’s Council was abolished in 1985 and re-created in 2007.
- Jammu and Kashmir’s Council ceased to exist when the state was reorganised into Union Territories in 2019.
- Several states have passed or discussed resolutions for a new Council (for example Rajasthan, Assam and Odisha), but these need a law of Parliament. Check the current position before quoting in an answer.
Creating or Abolishing a Council (Art 169)
graph LR
A["State Assembly resolution
Special majority:
majority of total membership
+ 2/3 of present and voting"] --> B["Parliament passes a law
by simple majority"]
B --> C["Council created
or abolished"]- Not deemed an amendment of the Constitution under Art 368, even if it changes the First or Fourth Schedule details. So it needs only an ordinary law of Parliament.
- Parliament is not bound to act on the state’s resolution.
Composition
Legislative Assembly (Art 170)
| Point | Detail |
|---|---|
| Size | Maximum 500, minimum 60 members, elected directly from territorial constituencies |
| Exceptions | Small states fixed below 60 by law, e.g. Sikkim (32), Goa (40), Mizoram (40) |
| Reservation | Seats for SCs and STs in proportion to population (Art 332); extended up to 2030 by the 104th Amendment (2019) (Art 334) |
| Anglo-Indians | Governor’s power to nominate one Anglo-Indian (Art 333) ended in January 2020 under the 104th Amendment |
| Delimitation | Total seats and constituency boundaries readjusted after each census; total seats frozen until the first census after 2026 (84th Amendment, 2001) |
Legislative Council (Art 171)
| Point | Detail |
|---|---|
| Size | Not more than one-third of the Assembly’s total strength, and not less than 40 |
| Election method | Indirect, by proportional representation by means of the single transferable vote |
| Share | Elected or chosen by |
|---|---|
| 1/3 | Members of local bodies (municipalities, district boards and others) |
| 1/12 | Graduates of at least three years’ standing residing in the state |
| 1/12 | Teachers of at least three years’ standing in institutions not lower than secondary school |
| 1/3 | Members of the Legislative Assembly, from among persons who are not MLAs |
| 1/6 | Nominated by the Governor for special knowledge or practical experience in literature, science, art, co-operative movement and social service |
So about five-sixths are indirectly elected and one-sixth nominated.
Duration (Art 172)
| House | Duration |
|---|---|
| Assembly | Five years from its first meeting; may be dissolved earlier by the Governor. During a National Emergency, Parliament may extend it by law one year at a time, but not beyond six months after the Emergency ends |
| Council | Permanent, not subject to dissolution. Members serve six years; one-third retire every second year |
Membership
Qualifications (Art 173):
- Citizen of India; oath or affirmation before a person authorised by the Election Commission.
- 25 years for the Assembly; 30 years for the Council.
- Other qualifications set by Parliament (Representation of the People Act, 1951): e.g. an MLA must be an elector for an Assembly constituency in that state.
Disqualification (Art 191): holding an office of profit under the Union or a state government (other than an office exempted by law); being of unsound mind declared by a court; undischarged insolvent; not a citizen or having voluntarily acquired foreign citizenship; disqualified under a law of Parliament. Art 191(2): disqualification for defection under the Tenth Schedule.
| Question | Who decides |
|---|---|
| Disqualification under Art 191(1) | The Governor, whose decision is final, but he must act according to the Election Commission’s opinion (Art 192) |
| Disqualification for defection (Tenth Schedule) | The Speaker (or Chairman of the Council), subject to judicial review (Kihoto Hollohan, 1992) |
Vacation of seats (Art 190): double membership; disqualification; resignation accepted by the presiding officer if voluntary and genuine; absence from all meetings for 60 days without permission.
Presiding Officers
| Point | Speaker / Deputy Speaker (Assembly) | Chairman / Deputy Chairman (Council) |
|---|---|---|
| Article | 178–181 | 182–185 |
| Chosen | Elected by the Assembly from its members | Elected by the Council from its members |
| Resignation | Speaker writes to the Deputy Speaker and vice versa | Chairman writes to the Deputy Chairman and vice versa |
| Removal | Resolution passed by a majority of all the then members of the House, after 14 days’ notice | Same, in the Council |
| During removal debate | Cannot preside; can speak and vote in the first instance, but no casting vote (Art 181) | Same (Art 185) |
| After dissolution | Speaker continues in office until just before the first meeting of the new Assembly | Not applicable (permanent House) |
Speaker's key powers
- Casting vote in case of a tie (Art 189).
- Quorum: 10 members or one-tenth of the total, whichever is greater (Art 189(3)).
- Certifies Money Bills: his decision on whether a Bill is a Money Bill is final (Art 199(3)).
- Decides defection cases under the Tenth Schedule.
- Interprets the rules and maintains order.
- A Speaker pro tem, appointed by the Governor, presides over the first sitting of a new Assembly and administers oaths.
Legislative Procedure
Ordinary Bills (Arts 196–197)
- May originate in either House (in a bicameral state).
- If a Bill passed by the Assembly is rejected by the Council, or not passed within three months, or amended in a way the Assembly does not accept, the Assembly may pass it again. If the Council again rejects it or does not pass it within one month, the Bill is deemed passed in the form the Assembly passed it the second time.
- So the Council can delay an Assembly Bill by at most four months (3 + 1). It cannot block it.
- A Bill that originates in the Council and is rejected by the Assembly ends there.
- No joint sitting in states (contrast Parliament, Art 108).
Money Bills (Arts 198–199)
- Introduced only in the Assembly, and only on the Governor’s recommendation (Art 207).
- The Council must return it within 14 days, with or without recommendations, which the Assembly may accept or reject. If not returned, it is deemed passed.
- The Speaker’s certificate that a Bill is a Money Bill is final.
Financial business (Arts 202–207)
| Article | Item |
|---|---|
| 202 | Annual financial statement (budget), laid on the Governor’s behalf |
| 203 | Demands for grants voted only by the Assembly; expenditure charged on the Consolidated Fund of the State is not voted |
| 204 | Appropriation Bill |
| 205 | Supplementary, additional or excess grants |
| 206 | Votes on account, votes of credit, exceptional grants |
Other provisions
- Art 194: powers, privileges and immunities of members and committees (freedom of speech in the House; no court proceedings for anything said or any vote given). Extends to ministers and the Advocate General (194(4)).
- Art 208: each House makes its own rules of procedure.
- Art 210: business in the official language(s) of the state, Hindi or English; the Speaker may permit a member to speak in the mother tongue.
- Art 211: no discussion on the conduct of a Supreme Court or High Court judge in the discharge of duties.
- Art 212: courts cannot question the validity of proceedings on the ground of irregularity of procedure.
Legislative Council vs Rajya Sabha
| Point | Legislative Council | Rajya Sabha |
|---|---|---|
| Existence | Depends on the Assembly’s resolution and Parliament’s law; can be abolished | Constitutional necessity; cannot be abolished by ordinary law |
| Presiding officer | Chairman elected from its own members | Vice-President is ex officio Chairman |
| Ordinary Bills | Can only delay (3 + 1 months) | Equal power; deadlock settled by joint sitting |
| Money Bills | 14 days, recommendations only | 14 days, recommendations only |
| Role in electing the President | None | Elected members vote |
| Role in Rajya Sabha elections | None; only elected MLAs vote | Not applicable |
| Nominated members | 1/6 of strength (literature, science, art, co-operative movement, social service) | 12 members (literature, science, art, social service) |
Chhattisgarh Vidhan Sabha at a Glance
| Point | Detail |
|---|---|
| Type | Unicameral |
| Strength | 90 elected members: 29 ST, 10 SC, 51 general |
| Origin | Undivided Madhya Pradesh’s 320 seats split 230 (MP) + 90 (CG); the first Assembly was formed from MLAs elected in 1998 |
| First sitting | 14 December 2000; first Speaker Rajendra Prasad Shukla |
| Current House | Sixth Vidhan Sabha, elected in 2023 (BJP 54, INC 35, GGP 1) |
| Speaker (as of 2026) | Raman Singh (former three-term CM), elected December 2023 |
| Leader of Opposition (as of 2026) | Charan Das Mahant (INC) |
| Building | New Vidhan Sabha at Nava Raipur Atal Nagar, inaugurated 1 November 2025 |
| Ministry cap | 15% of 90 = 13.5 (see the Council of Ministers page) |
Because about a third of the seats are reserved for STs, Chhattisgarh’s Assembly gives tribal communities one of the strongest legislative voices of any state. See State Formation and Administration for the history and Population of Chhattisgarh for the demographic basis.
Analysis for Mains: Do States Need Legislative Councils?
| For | Against |
|---|---|
| Second look at hasty legislation | Only delays for up to four months; cannot block anything |
| Represents graduates, teachers and local bodies, who are otherwise unrepresented | Used as a back door for defeated politicians and to accommodate party loyalists |
| Brings experts in through nomination | Costly to run; most states manage well without one |
| Lets ministers who do not want to contest direct elections join the legislature | Special seats for graduates and teachers are questioned as elitist when most citizens have no such separate voice |
| Its existence depends on the ruling majority’s politics (repeated creation and abolition, as in Andhra Pradesh) |
Balanced conclusion: A Council can add expertise and deliberation, but only if its creation follows a consistent national policy rather than the political needs of the day.
Memory Tricks
Council fractions: '3-12-12-3-6'
Read the Council’s composition as 1/3, 1/12, 1/12, 1/3, 1/6: Local bodies, Graduates, Teachers, MLAs, Nominated.
Mnemonic: “Local Graduates Teach MLAs Nicely.”
Check: 4/12 + 1/12 + 1/12 + 4/12 + 2/12 = 12/12.
The six Council states: 'BUMKAT'
Bihar · Uttar Pradesh · Maharashtra · Karnataka · Andhra Pradesh · Telangana.
Delay rule: '3 + 1 = 4, then the Assembly wins'
Ordinary Bill: three months first time, one month second time. Money Bill: 14 days, same as the Rajya Sabha.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 169 — create or abolish a Council: special majority in the Assembly, simple law of Parliament | vs | Art 368 — constitutional amendment (Art 169 law is expressly not one) |
| Assembly min 60 / max 500 | vs | Council min 40 / max one-third of Assembly |
| Assembly age 25 | vs | Council age 30 |
| Art 192 — Governor decides on EC’s opinion | vs | Tenth Schedule — Speaker decides defection |
| Council: Chairman elected by members | vs | Rajya Sabha: Vice-President is Chairman |
| Quorum: 10 or 1/10, whichever greater (state) | vs | Parliament: one-tenth of total membership |
Common Mistakes
MCQ traps
- “Creating a Legislative Council requires a constitutional amendment under Art 368.” False. Art 169 says the law is not an amendment for Art 368 purposes.
- “The Assembly resolution for a Council needs a simple majority.” False. It needs a majority of total membership and two-thirds of those present and voting.
- “The Legislative Council can reject an ordinary Bill passed by the Assembly.” It can only delay it for up to four months.
- “Joint sittings resolve deadlocks between the two Houses of a state legislature.” False. There is no joint sitting in states.
- “Chhattisgarh has a Legislative Council.” False. It is unicameral, with 90 seats.
- “One-sixth of the Council is elected by teachers.” False. Teachers elect 1/12; the Governor nominates 1/6.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- The total strength of a Legislative Council shall not exceed ______ of the Assembly’s strength and shall not be less than ______.
- The minimum age to be a member of a Legislative Council is ______ years.
- The Chhattisgarh Vidhan Sabha has ______ seats, of which ______ are reserved for Scheduled Tribes.
Answers
- One-third; 40.
- 30.
- 90; 29.
Level 2: Prelims MCQs
Q1. Consider the following statements about the creation of a Legislative Council in a state:
- The state Legislative Assembly must pass a resolution by a majority of its total membership and by two-thirds of the members present and voting.
- Parliament must then pass a law, which is deemed to be an amendment of the Constitution under Article 368.
- Parliament is bound to create the Council once the Assembly passes the resolution.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(a) 1 only. Art 169 requires the special-majority resolution described in statement 1. Statement 2 is wrong: Art 169(3) says such a law is not an amendment for the purposes of Art 368, so it passes by simple majority. Statement 3 is wrong: Parliament has discretion and several state resolutions have waited for years.
Q2. Match List I (Category) with List II (Share of the Legislative Council):
| List I | List II |
|---|---|
| A. Elected by members of local bodies | 1. One-sixth |
| B. Elected by graduates | 2. One-third |
| C. Nominated by the Governor | 3. One-twelfth |
| D. Elected by MLAs | 4. One-third |
- (a) A-2, B-3, C-1, D-4
- (b) A-3, B-2, C-1, D-4
- (c) A-1, B-3, C-2, D-4
- (d) A-2, B-1, C-3, D-4
Answer and explanation
(a) A-2, B-3, C-1, D-4. Local bodies elect one-third, graduates one-twelfth, teachers one-twelfth, MLAs one-third, and the Governor nominates one-sixth. Remember “Local Graduates Teach MLAs Nicely” with fractions 3-12-12-3-6.
Q3. An ordinary Bill passed by the Legislative Assembly of a bicameral state is rejected by the Legislative Council. The Assembly passes it again and sends it back. What is the maximum further time the Council can hold it before it is deemed passed?
- (a) 14 days
- (b) One month
- (c) Three months
- (d) Six months
Answer and explanation
(b) One month. Under Art 197, the Council can hold the Bill for up to three months the first time and one month the second time. After that the Bill is deemed passed in the form the Assembly passed it the second time. Fourteen days applies to Money Bills.
Q4. Which of the following states has a Legislative Council (as of 2026)?
- (a) Chhattisgarh
- (b) Madhya Pradesh
- (c) Telangana
- (d) Odisha
Answer and explanation
(c) Telangana. The six states with Councils are Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh. Chhattisgarh and Madhya Pradesh are unicameral. Odisha has passed a resolution in the past, but no Council has been created by Parliament.
Q5. The quorum of a state Legislative Assembly is:
- (a) one-tenth of the total membership
- (b) ten members or one-tenth of the total membership, whichever is greater
- (c) one-fourth of the total membership
- (d) fifteen members or one-tenth of the total membership, whichever is less
Answer and explanation
(b). Art 189(3) sets the quorum at ten members or one-tenth of the total number of members of the House, whichever is greater. For Chhattisgarh’s 90-member Assembly, one-tenth is 9, so the quorum is 10.
Level 3: Mains Answer Writing
Q1. (60 words) Distinguish between the legislative powers of a state Legislative Council and the Rajya Sabha.
Model answer outline
- Intro: Both are upper Houses, but the Council is far weaker.
- Points: Council can only delay ordinary Bills (3 + 1 months) while Rajya Sabha has equal power with a joint sitting; both get 14 days on Money Bills; Council members do not vote in Presidential or Rajya Sabha elections; Council can be abolished by ordinary law (Art 169).
- Conclusion: The Council is a revising, advisory chamber, not a co-equal one.
Q2. (150–200 words) “Legislative Councils are an expensive luxury.” Critically examine in the context of demands for new Councils in some states.
Model answer outline
- Intro: Art 169 lets states choose bicameralism; six states have Councils as of 2026.
- Arguments for: second look at Bills, representation of graduates, teachers and local bodies, inclusion of experts, relief for a busy Assembly.
- Arguments against: only delaying power, backdoor entry for defeated or nominated politicians, cost, repeated creation and abolition along political lines (Andhra Pradesh: abolished 1985, revived 2007).
- Chhattisgarh angle: Chhattisgarh’s unicameral 90-member Assembly, with committees and a strong ST representation (29 seats), shows that deliberation can be built through committees rather than a second House.
- Way forward: a national policy on Councils, stronger Assembly committees, periodic review of graduates’ and teachers’ constituencies.
- Conclusion: A Council is useful only when it adds expertise; otherwise strengthening the Assembly is the better reform.
Quick Revision Table
| Fact | Detail |
|---|---|
| Constitutional provisions | Part VI, Chapter III, Arts 168–212 |
| Bicameral states (2026) | AP, Telangana, Karnataka, Maharashtra, Bihar, UP |
| Art 169 | Assembly special majority + Parliament’s simple law; not an Art 368 amendment |
| Art 170 | Assembly 60–500 (Sikkim 32, Goa 40, Mizoram 40) |
| Art 171 | Council ≤ 1/3 of Assembly, ≥ 40; 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 MLAs, 1/6 nominated |
| Art 172 | Assembly 5 years; Council permanent, 1/3 retire every 2 years |
| Art 173 | Age 25 (Assembly), 30 (Council) |
| Art 189 | Casting vote; quorum 10 or 1/10, whichever greater |
| Art 192 | Governor decides disqualification on EC’s opinion |
| Art 197 | Council delays ordinary Bill 3 + 1 months; no joint sitting |
| Art 198–199 | Money Bill: Assembly only; Council 14 days; Speaker’s certificate final |
| Art 212 | Courts cannot question proceedings for procedural irregularity |
| 104th Amendment | Anglo-Indian nomination ended (Jan 2020); SC/ST reservation to 2030 |
| Chhattisgarh | Unicameral, 90 seats (29 ST, 10 SC); Speaker Raman Singh, LoP Charan Das Mahant (as of 2026); new building 1 Nov 2025 |
Key Takeaways
Key Takeaways
- The state legislature = Governor + Assembly (+ Council in six states); Chhattisgarh is unicameral.
- A Council is created or abolished under Art 169: special-majority resolution of the Assembly + ordinary law of Parliament.
- Council composition: 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 MLAs, 1/6 nominated.
- The Council can only delay (3 + 1 months; 14 days for Money Bills); there is no joint sitting.
- The Speaker certifies Money Bills, decides defection cases and has a casting vote; the Governor decides other disqualifications on the EC’s opinion.
What’s Next
- State Executive and Legislature — Quick Revision — the whole chapter on one page
- Centre–State Relations — legislative relations, Art 356 and the Governor
- Local Government in India — the third tier below the state legislature
- Local Government in Chhattisgarh — panchayats and municipalities in the state
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