Question

Consider the following statements with reference to the organisation of state legislatures:

1. There is no uniformity in the organisation of state legislatures.

2. The State Legislative Assembly can abolish a legislative council or create it.

Which of the above statement is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 1 : 1 only

The correct answer is 1 only.

• There is no uniformity in the organisation of state legislatures. Most of the states have a unicameral system, while others have a bicameral system. Hence, statement 1 is correct.
• At present (2020), only six states have two Houses (bicameral).
  • These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka.
  • Recently, the Jammu & Kashmir Legislative Council has been abolished through the J&K Reorganisation Bill, 2019, which reduced the State of J&K to the Union Territories of J&K and Ladakh.
• In the states having a unicameral system, the state legislature consists of the governor and the legislative assembly.
• In the states having a bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sabha) is the lower house (first chamber or popular house).

• The Constitution provides for the abolition or creation of legislative councils in states.
• Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Hence, statement 2 is NOT correct.
• Such a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
• This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed as an ordinary piece of legislation (ie, by simple majority).