The Constitution provides for a Legislature for every State in the Union. But it does not adhere to the principle of bicameralism in the case of every State legislature.

There are six States, namely, Bihar, Jammu and Kashmir, Maharashtra, Madhya Pradesh, Karnataka and Uttar Pradesh each of which has two Houses in the Legislature, while the remaining States have unicameral legislatures.

Where there are two Houses of the Legislature, one is known as the Legislative Assembly, the other the Legislative Council. Where there is only one house, it is known as Legislative Assembly. The Governor of the State is an integral part of the Legislature.

The State Legislative Assembly is modeled on the House of the People while the Legislative Council has a resemblance to the Council of States. Although the Constitution provides for bicameral legislatures for certain States and unicameral ones for others, the question of the organisation of State Legislature in a single House or two Houses is still left an open one.

ADVERTISEMENTS:

For, Article 169 provides a special procedure for the creation and abolition of Legislative Councils in the future. According to this, Parliament is empowered to create a Legislative Council in a State having no such Council or abolish the Council where it exists, provided the Legislative Assembly of the State passes a Resolution to that effect supported by not less than a majority of the total membership of the House and a majority of not less than two-thirds of those who sit and vote.

Any law passed by Parliament in this regard should contain the necessary amendment to the provisions of the Constitution which are affected by such law. But these amendments will not be considered as regular amendments to the Constitution for which special procedure is prescribed.

Article 169 provides that a Legislative Council in a State can be created or abolished by law made by the Parliament which stipulates that the creation or abolition of the Councils requires an affirmative resolution of the State Assembly supported by a majority of the total membership of the House and not less than two-thirds majority of those who sit and vote. The resolution also requires the assent of the President to become effective.