Constitutional Position

The State Legislative Assembly (Vidhan Sabha) is the lower house of the State Legislature and represents the directly elected law-making body at the state level. It is the primary forum through which the people of a State exercise their democratic will.

• Article 168 – Provides for a Legislature for every State, consisting of the Governor and one or two Houses
• States may have:
  • Unicameral Legislature – Only Legislative Assembly
  • Bicameral Legislature – Legislative Assembly + Legislative Council

Composition and Strength

• Article 170
  • Minimum strength: 60 members
  • Maximum strength: 500 members
• Members are directly elected from territorial constituencies
• Seats are allocated on the basis of population
• Article 331 (as originally provided) allowed nomination of Anglo-Indian members; this provision ceased after the 104th Constitutional Amendment Act, 2019

Duration and Dissolution

• Article 172
  • Normal term: 5 years
  • Can be dissolved earlier by the Governor
• Term can be extended during a National Emergency by Parliament, one year at a time

Qualifications and Disqualifications

• Article 173 – Qualifications:
  
  • Citizen of India
  • Minimum 25 years of age
  • Must possess qualifications prescribed by Parliament
• Article 191 – Disqualifications:
  
  • Holding office of profit
  • Unsound mind
  • Insolvency
  • Disqualification under the Tenth Schedule (Anti-Defection Law)

Presiding Officers

• Article 178
  • Speaker and Deputy Speaker are elected by the Assembly from among its members
• Functions of the Speaker:
  • Presides over Assembly proceedings
  • Decides on Money Bill certification
  • Interprets Rules of Procedure
  • Decides disqualification under Anti-Defection Law

Judicial View

• Kihoto Hollohan Case (1992) – Speaker’s decisions are subject to judicial review

Legislative Powers

• Can legislate on subjects in:
  • State List
  • Concurrent List
• In case of conflict on Concurrent List, Central law prevails (Article 254)

Money Bills

• Can be introduced only in the Legislative Assembly
• Article 198 – Legislative Council (if any) has limited powers over Money Bills

Financial Powers

• Article 202 – State Budget (Annual Financial Statement) is laid before the Assembly
• Article 204 – No expenditure from the Consolidated Fund without Assembly approval
• Article 207 – Money Bills require prior recommendation of the Governor

The Assembly controls:

• Taxation
• Public expenditure
• Government borrowing within constitutional limits

Executive Control

• Article 164 – Council of Ministers is collectively responsible to the Legislative Assembly
• The Assembly can:
  • Remove the government through a No-Confidence Motion
  • Question ministers through debates, questions, and discussions

Judicial and Electoral Functions

• Participates in:
  • Election of the President of India (Article 54)
• Members may be elected as:
  • Ministers
  • Speaker / Deputy Speaker
• Does not participate directly in judicial appointments

Sessions and Procedures

• Article 174
  
  • Governor summons, prorogues, and dissolves the Assembly
  • Six months must not elapse between two sessions
• Quorum:
  
  • Article 188 – One-tenth of total membership

Privileges and Immunities

• Article 194
  • Freedom of speech in the House
  • Protection from court proceedings for speeches and votes
  • Powers similar to those of the House of Commons (until defined by law)

Role During Constitutional Crisis

• Loss of majority on the floor may lead to:
  • Floor test
  • Resignation of ministry
• Breakdown of Assembly functioning may trigger:
  • Article 356 – President’s Rule

Key Case

• S.R. Bommai Case (1994) – Majority must be tested on the floor of the Assembly, not through Governor’s discretion

Importance in Federal Structure

• Primary institution for:
  • Law-making at state level
  • Accountability of executive
  • Representation of regional aspirations
• Acts as the foundation of cooperative and competitive federalism

Conclusion

The State Legislative Assembly, anchored in Articles 168–212, is the core democratic institution of state governance. Its authority over legislation, finance, and the executive makes it central to India’s parliamentary system. While constitutional provisions grant it wide powers, its effectiveness ultimately depends on procedural discipline, legislative quality, and respect for democratic norms.