State Legislature and Special Provisions
~10 min read
- Structure: Governor + Legislative Assembly (Vidhan Sabha) + (optional) Legislative Council (Vidhan Parishad). Articles 168-212.
- Governor: Appointed by President. 5-year term but serves at President's pleasure. Articles 153-167.
- Special provisions: Article 370 (J&K, abrogated 2019), Article 371 series (NE states, Maharashtra, Gujarat, Andhra, Karnataka, Goa).
States have their own legislatures mirroring the Centre. The Governor heads the state but acts on Cabinet advice. NDA tests structure, Articles 370/371, and the Governor's discretionary powers.
Governor
- Article 153: A Governor for each state; one person can be Governor of two or more states.
- Appointment: By the President (Article 155).
- Term: 5 years, but holds office during the President's pleasure — can be removed at any time.
- Qualifications: Citizen of India, 35+ years, not a member of either House of Parliament or State Legislature (or must resign before assuming office), not holding any office of profit.
- Conventions: Not a resident of the state. Should be politically neutral. Should consult Chief Minister.
- Discretionary powers: When no party has clear majority; recommending President's Rule; reserving bills for President's consideration; addressing legislature; appointing CM when CM dies in office.
State Legislative Assembly (Vidhan Sabha)
- Strength: Min 60, max 500 (some smaller states have less — Sikkim 32, Goa 40, Mizoram 40).
- Tenure: 5 years; can be dissolved earlier.
- Election: Direct, universal adult franchise.
- Qualification: Citizen, 25+ years.
- Speaker + Deputy Speaker elected from members.
- Article 333: Anglo-Indian seat (now abolished by 104th Am).
Legislative Council (Vidhan Parishad)
- Only 6 states have one: Andhra Pradesh, Karnataka, Telangana, Bihar, Maharashtra, Uttar Pradesh (Tamil Nadu had one, abolished 1986; J&K had one, abolished 2019).
- Strength: Max 1/3 of the Assembly's strength; minimum 40 members.
- Composition (Article 171):
- 1/3 elected by local bodies (panchayats, municipalities)
- 1/12 elected by graduates of 3+ years standing
- 1/12 elected by secondary-level teachers of 3+ years standing
- 1/3 elected by Vidhan Sabha members
- 1/6 nominated by Governor (literature, arts, science, social service)
- Tenure: Permanent body — 1/3 retire every 2 years.
- Creation/abolition: Parliament can create/abolish by majority of total membership and 2/3 of members present and voting (Article 169) on the State Assembly's request.
Articles 370 and 371
Article 370: Earlier gave special status to Jammu & Kashmir. Abrogated on 5 August 2019; J&K bifurcated into two UTs (J&K and Ladakh) by the J&K Reorganisation Act, 2019. Article 370 still technically exists but is now ineffective.
Article 371 series — special provisions for various states:
| Article | State | Note |
|---|---|---|
| 371 | Maharashtra, Gujarat | Special boards for backward regions (Vidarbha, Marathwada, Saurashtra, Kutch) |
| 371A | Nagaland | Customary law, land transfer protections |
| 371B | Assam | Special committee for tribal areas (now Bodoland-related) |
| 371C | Manipur | Committee of MLAs for hill areas |
| 371D-E | Andhra Pradesh and Telangana | Regional reservations in employment/education |
| 371F | Sikkim | Special powers after merger in 1975 |
| 371G | Mizoram | Customary law, land ownership |
| 371H | Arunachal Pradesh | Special responsibilities for Governor |
| 371I | Goa | Assembly must have at least 30 members |
| 371J | Karnataka | Hyderabad-Karnataka region development |
NDA PYQ Examples
Q: Who appoints the Governor of a State?
(a) Prime Minister (b) Chief Minister (c) President (d) Chief Justice
Answer: (c) President — Article 155.
Q: Maximum strength of a State Legislative Assembly is:
(a) 250 (b) 400 (c) 500 (d) 550
Answer: (c) 500.
Q: Article 370 was abrogated in:
(a) 2014 (b) 2017 (c) 2019 (d) 2020
Answer: (c) 5 August 2019 — special status of J&K ended.
Q: How many states currently have a Legislative Council?
(a) 4 (b) 5 (c) 6 (d) 7
Answer: (c) 6 — Andhra Pradesh, Karnataka, Telangana, Bihar, Maharashtra, UP.
Drill State Legislature and Special Provisions for NDA
NDA-pattern items on State Legislature and Special Provisions with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
Why isn't there a Legislative Council in most states?
Bicameralism is optional for states under Article 169. Most states (22) function with only a Legislative Assembly to avoid duplication. The 6 states with Councils have continued for historical or political reasons.
Can the Governor be removed before 5 years?
Yes — the Governor holds office during the pleasure of the President. While the convention is to let them serve full term, the President (effectively the Centre) can recall a Governor at any time without specifying reasons.
What was Article 370?
Originally provided special autonomy to Jammu & Kashmir — separate constitution, flag, limited applicability of Indian laws. Made effectively inoperative on 5 August 2019; J&K bifurcated into two Union Territories.
Can the Governor act without Cabinet advice?
Limited discretionary powers — choosing CM in a hung Assembly, recommending President's Rule, reserving bills for President. Otherwise, must act on Cabinet advice (similar to President at the Centre).
Which is the largest State Legislative Assembly?
Uttar Pradesh — 403 elected + 1 Anglo-Indian (the latter now removed). UP also has a Legislative Council of 100 members.