Part VI - The States • Article

Article 168 Simplified: Constitution of Legislatures in States

This article mandates that every state must have a legislature consisting of the Governor and the legislative houses. Some states are given a bicameral legislature (consisting of the Legislative Assembly and the Legislative Council), while others have a unicameral legislature (Legislative Assembly only).

Official Text

(1) For every State there shall be a Legislature which shall consist of the Governor, and- (a) in the States of *** [Andhra Pradesh], Bihar, *** [Madhya Pradesh], *** [Maharashtra], [Karnataka], ***. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for "Mysore" (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956). 9. The word "Punjab," omitted by the Punjab Legislative Council (Abolition) Act, 1969 (46 of 1969), s. 4 (w.e.f. 7-1-1970). [ [Tamil Nadu, Telangana]] [and Uttar Pradesh], two Houses; (b) in other States, one House. (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

Simple Meaning

Explain Like Ten

This rule says that every state has a group of people who make laws (called the Legislature), which includes the Governor and either one house (Assembly) or two houses (Assembly and Council).

Student Mode

Provides for the constitution of state legislatures. A state legislature consists of the Governor and either one or two houses. If there are two houses, the upper house is the Legislative Council (Vidhan Parishad) and the lower house is the Legislative Assembly (Vidhan Sabha). If there is only one house, it is the Legislative Assembly. Currently, only six states have bicameral legislatures: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

Example

In a state like Maharashtra or Karnataka, a bill must pass both the Legislative Assembly and the Legislative Council before going to the Governor for assent. In a unicameral state like Kerala, the bill only needs to pass the Legislative Assembly.

Key Takeaway

A state legislature always includes the Governor and either one house (Legislative Assembly) or two houses (Assembly and Council), depending on the state's structural choice.

FAQs

Is the Governor a member of the State Legislature?

Yes, the Governor is an integral part of the State Legislature under Article 168, even though they are not a member of either house (Assembly or Council). No bill can become law without the Governor's assent.

Which states in India currently have a bicameral legislature?

Six states have a Legislative Council (Vidhan Parishad) in addition to an Assembly: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

Quiz

Which of the following is an integral part of a State Legislature under Article 168?

Answer: The Governor

Which of the following states does NOT have a Legislative Council (bicameral legislature)?

Answer: Kerala