📜 Article 168 of the Indian Constitution
Title: Constitution of Legislatures in States
🔹 Text Summary of Article 168:
“For every State, there shall be a Legislature which shall consist of the Governor, and—
(a) in the States of Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh, and Telangana, two Houses (known as the Legislative Council and the Legislative Assembly); and
(b) in other States, one House (known as the Legislative Assembly),
unless Parliament by law otherwise provides.”_
📌 Key Points:
| Aspect | Details |
|---|---|
| State Legislature Includes | Always includes the Governor + either 1 House or 2 Houses. |
| Unicameral States | States with only Legislative Assembly (Vidhan Sabha) |
| Bicameral States | States with Legislative Assembly and Legislative Council (Vidhan Parishad) |
| Bicameral States (as of now) | Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana |
| Power to change structure | Parliament can create or abolish Legislative Council by law (Article 169) |
🧠Why Article 168 is Important:
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Establishes the structure of state legislatures.
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Reflects India’s flexible federalism—states can have unicameral or bicameral legislatures.
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Recognizes the Governor as an essential part of the legislature (like the President at the Centre).
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 169 | Abolition or creation of Legislative Councils |
| 170–171 | Composition of Legislative Assembly & Council |
| 178 | Speaker and Deputy Speaker of the Assembly |
Here is a complete summary chart of Articles 168 to 212 of the Indian Constitution, which deal with the State Legislature.
📘 Articles 168 to 212 – State Legislature Summary Chart
| Article | Subject | Key Provisions |
|---|---|---|
| 168 | Constitution of Legislatures in States | Legislature includes the Governor and one or two Houses (Assembly and/or Council). |
| 169 | Abolition/Creation of Legislative Councils | Parliament can create or abolish the Legislative Council in a State by law. |
| 170 | Composition of Legislative Assemblies | Describes maximum strength (500) and minimum (60) of members; based on population. |
| 171 | Composition of Legislative Councils | Describes how Council members are elected, nominated, and their strength. |
| 172 | Duration of State Legislatures | Term of Assembly: 5 years (unless dissolved earlier). |
| 173 | Qualifications for membership | Must be citizen, 25 years (Assembly), 30 years (Council), etc. |
| 174 | Sessions of State Legislature | Governor summons, prorogues, and can dissolve Assembly. |
| 175 | Governor’s Address & Messages | Governor can address and send messages to the State Legislature. |
| 176 | Special Address by the Governor | At the beginning of 1st session each year or after election, Governor gives an address. |
| 177 | Rights of Ministers and Advocate-General | They can speak and participate, but cannot vote in House proceedings. |
| 178 | Speaker and Deputy Speaker of Legislative Assembly | Assembly elects its Speaker and Deputy Speaker. |
| 179 | Vacation and removal of Speaker and Deputy Speaker | Provides procedure for resignation or removal. |
| 180 | Speaker’s duties in case of vacancy | Defines who discharges functions when the Speaker is absent. |
| 181 | Speaker not to preside during removal motion | Speaker cannot preside when motion for his removal is being discussed. |
| 182 | Chairman and Deputy Chairman of Legislative Council | Council elects its Chairman and Deputy Chairman. |
| 183 | Vacation and removal (Council Presiding Officers) | Procedure similar to Article 179. |
| 184 | Acting Chairman or duty in absence | Deputy Chairman acts or someone is appointed temporarily. |
| 185 | Chairman not to preside during removal motion | Like Article 181, for Legislative Council. |
| 186 | Salaries and allowances of Presiding Officers | Paid as per state laws. |
| 187 | Secretariat of State Legislature | Legislature has its own separate staff. |
| 188 | Oath or affirmation by members | Members must take oath before taking their seats. |
| 189 | Voting in Houses | Matters decided by majority of present & voting; quorum is 1/10th. |
| 190 | Vacation of seats | Deals with resignation, disqualification, and prolonged absence. |
| 191 | Disqualifications for membership | Covers office of profit, unsound mind, insolvency, etc. |
| 192 | Decision on disqualification | Governor decides, after referring to Election Commission. |
| 193 | Penalty for sitting without qualification | Fine if someone sits or votes illegally. |
| 194 | Powers & privileges of State Legislatures | Similar to Parliament: freedom of speech, immunity, etc. |
| 195 | Salaries and allowances of members | Fixed by state legislature. |
| 196 | Introduction & passing of Bills | Only Bills can be introduced and passed in Houses. |
| 197 | Passing of Bills in both Houses | Both Houses must pass the Bill (if state has Council). |
| 198 | Appropriation Bills | For withdrawal from state treasury. |
| 199 | Definition of Money Bills | Same as Article 110 at Centre; Speaker certifies it. |
| 200 | Governor’s assent to Bills | Governor may give assent, withhold, return or reserve it for President. |
| 201 | President’s consideration of Bills | If reserved, President may assent or withhold assent. |
| 202 | Annual Financial Statement | State Budget is laid before the Legislature. |
| 203 | Procedure in Legislature with respect to estimates | Voting only on Demand for Grants (money bills). |
| 204 | Appropriation Bills | Allows withdrawal of money from Consolidated Fund of the State. |
| 205 | Supplementary/Excess/Exceptional Grants | In case of unexpected expenditure. |
| 206 | Votes on Account, Votes of Credit | Used for temporary spending when budget not passed. |
| 207 | Special provisions regarding financial Bills | Similar to Centre; Money Bill cannot be introduced in Council. |
| 208 | Rules of Procedure | Each House makes its own rules for functioning. |
| 209 | Regulation by law of procedure | State Legislature can regulate legislative procedure by law. |
| 210 | Language to be used in the Legislature | Business is transacted in Hindi or English or State official language. |
| 211 | Restriction on discussion on conduct of judges | No discussion allowed on conduct of High Court/Supreme Court Judges. |
| 212 | Courts not to inquire into proceedings | Courts cannot question validity of legislative procedure. |
🧠Highlights:
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This set defines the structure, powers, privileges, and functioning of the State Legislatures.
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Mirrors many provisions of the Parliament at the Union level (Articles 79–122).
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Crucial for understanding law-making, budget, and accountability at the state level.
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