Question
Download Solution PDFUnder which of the following articles of the Indian constitution 'the legislature in states' was constituted?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Article 168.
Key Points
- Article 168 of the Indian Constitution provides for the constitution of legislatures in states, specifying that every state shall have a Legislature which includes the Governor and one or two houses as applicable.
- States with a bicameral legislature have two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad), while unicameral states only have the Legislative Assembly.
- This article is part of Part VI of the Indian Constitution, which deals with the structure, composition, and functioning of state legislatures.
- The Legislative Assembly is the lower house in bicameral states and the sole house in unicameral states, while the Legislative Council is the upper house in states with bicameral legislatures.
- As of now, six Indian states have a bicameral legislature: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
Additional Information
- Legislative Assembly (Vidhan Sabha):
- It is the directly elected house of the state legislature in both unicameral and bicameral states.
- Members of the Legislative Assembly (MLAs) are elected by the people through general elections.
- The term of the Legislative Assembly is five years, unless dissolved sooner.
- The Assembly has the power to pass laws, approve budgets, and hold the executive accountable.
- Legislative Council (Vidhan Parishad):
- It is the upper house in states with a bicameral legislature.
- Members of the Legislative Council (MLCs) are elected by various groups, including members of the Legislative Assembly, graduates, teachers, and local authorities.
- The Legislative Council is a permanent body and is not subject to dissolution, but one-third of its members retire every two years.
- Governor's Role in State Legislature:
- The Governor is an integral part of the state legislature and has the authority to summon, prorogue, and dissolve the Legislative Assembly.
- The Governor's assent is required for bills passed by the legislature to become laws.
- Bicameral vs. Unicameral Legislature:
- A bicameral legislature consists of two houses, ensuring better representation and thorough scrutiny of laws.
- A unicameral legislature is simpler and more cost-effective, with a single house to legislate.
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