Article 168 Of The Indian Constitution

article 168 of the indian constitution

An Overview 

Article 168 of the Indian Constitution talks about the Legislative Structure of the States of Indian Territory.  

It talks about how the legislature in the states would look and how different states would have a different structure of the legislature based on some defined parameters for all the states. 

Let us dive deep into Article 168 of the Indian Constitution, but before that, we will get familiar with the terms and definitions that are pivotal to the aforementioned article. 

All the Articles from Article 153 of the Indian Constitution to Article 163 of the Indian Constitution mention all the aspects related to the lawful presence of the Governor in the State.  

 Here is the List of the all the Governors of the States of India 

Sl.No.Name of the StateName of the Governor
01.Andhra PradeshShri E.S.L.Narasimhan
02.Arunachal PradeshLt. General(Retd.) Nirbhay Sharma
03.AssamShri J.B.Patnaik
04.BiharDr. D.Y.Patil
05.ChhattisgarhShri Ram Naresh Yadav
06.GoaShri Bharat Vir Wanchoo
07.GujaratDr. (Smt.) Kamla
08.HaryanaShri Jagannath Pahadia
09.Himachal PradeshSmt. Urmila Singh
10.Jammu & KashmirShri Narinder Nath Vohra
11.JharkhandDr. Syed Ahmed
12.KarnatakaShri K. Rosaiah
13.KeralaSmt. Sheila Dikshit
14.Madhya PradeshShri Ram Naresh Yadav
15.MaharashtraShri K.Shankaranarayanan
16.ManipurShri Vinod Kumar Duggal
17.MeghalayaDr. Krishan Kant Paul
18.MizoramShri. Vakkom Purushothaman
19.NagalandDr. Krishan Kant Paul
20.OrissaShri S.C.Jamir
21.PunjabShri Shivraj V.Patil
22.RajasthanSmt. Margaret Alva
23.SikkimShri Shriniwas Dadasaheb Patil
24.Tamil NaduShri K. Rosaiah
25.TelanganaShri E.S.L.Narasimhan
26.TripuraShri Vakkom Purushothaman
27.UttarakhandDr. Aziz Qureshi
28.Uttar PradeshDr. Aziz Qureshi
29.West BengalDr. Syed Ahmed

Legislative Council 

The Legislative Council is the name given to the upper chamber of the State Legislature.
The state legislative assembly, as well as other local authorities and organisations, are responsible for electing members of the Legislative Council. The members of the Legislative Council are selected using a process known as indirect election.

The Legislative Council is made up of people who are chosen to serve six-year terms that are spread out over time.


The Chairman of the Legislative Council serves as the body’s presiding official.
In order to be eligible for membership in the Legislative Council, one must be at least 30 years old.

In India, the Legislative Council is only present in six of the country’s states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, and Telangana, along with Uttar Pradesh.
It is recommended that there be a total of three times as many people on this committee as there are total members of the Legislative Assembly. The number of participants must be at least forty and cannot be lower.

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Features Of The Legislative Council 

  • The Legislative Council is the name given to the upper chamber of the State Legislature.
  • The state legislative assembly, as well as other local authorities and organisations, are responsible for electing members of the Legislative Council. The members of the Legislative Council are selected using a process known as indirect election.
  • Members of the Legislative Council are chosen to serve staggered terms of six years each.
  • The Chairman of the Legislative Council serves as the presiding officer of the body.
  • In order to be eligible for membership in the Legislative Council, one must be at least 30 years old.
  • In India, the Legislative Council is only present in six of the country’s states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, and Telangana, along with Uttar Pradesh.
  • It is recommended that there be a total of three times as many people on this committee as there are total members of the Legislative Assembly. The number of participants must be at least forty and cannot be lower.

What Is The Legislative Assembly?

The State Legislative Assembly, often known as the Vidhan Sabha is a legislative body that is present in each of India’s states and union territories.

It functions as the only legislative body in the 28 states and 3 union territories that have a unicameral state legislature, while in the 6 states that have bicameral state legislatures, it serves as the lower house of those legislatures and the State Legislative Council functions as the upper house.

There is no separate legislature for the five union territories, which are instead ruled directly by the central government of India.

Features Of The Legislative Assembly?

  • The Legislative Assembly is the name given to the assembly that sits in the lower chamber of the state legislature.
  • Members of the Legislative Assembly are selected via a process known as direct election.
  • Members of the Legislative Assembly are chosen for a period of five years by the people in a direct election. The term of office for Legislative Assembly members is five years.
  • The role of the Speaker in the Legislative Assembly is that of the presiding officer.
  • The Legislative Assembly requires prospective members to be at least 25 years old.
  • The Legislative Assembly is present in each of India’s states.
  • The sitting has a maximum of 500 members, and at the very least, 60 members.

Article 168 Of The Indian Constitution – In Detail 

We will understand Article 168 of the Indian Constitution in detail by analysing each and every clause present in it. 

Clause 1 – As it is & Explained 

168. Constitution of Legislatures in States

(1) For every State there shall be a Legislature which shall consist of the Governor, and

(a) in the States of Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh, two houses:

(b) in other States, one House

The first clause of Article 168 of the Indian Constitution says that there will be a Legislature in each and every State of the Indian Territory. 

The Legislature will consist of the Governor and in some States two Houses of the Legislature. Some of these States as specified are Bihar, Madhya Pradesh, Maharashtra, Karnataka and Uttar Pradesh. 

Rest all the States that are not in the above list will have only one House of the State Legislature. 

Clause 2 – As it is & Explained 

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly

In the second part of Article 168 of the Indian Constitution, the Legislature of the State is described. 

It says that one of them should be called as Legislative Assembly while the other one shall be called as the Legislative Council. 

Also, in those States where there will be only one House of the Legislature, in those particular States, the House will be known as the Legislative Assembly. 

Summing Up

We can conclude from Article 168 of the Indian Constitution that the structure of the State Legislature is very similar to that of the Legislature in the Union government. 

The Governor, as well as the Upper and Lower Houses of the State Legislature, are analogous to the President, the Lok Sabha, and the Rajya Sabha of India. 

This structure ensures the smooth functioning and efficient working of the Legislature both at the Union and the State level. 

Every state has it’s own legislative, which is made up of the state’s governor and either one or two chambers, depending on the size of the state.

State/Union TerritoryLegislature typeSize
LowerUpperTotal
Andhra PradeshBicameral17558233
Arunachal PradeshUnicameral6060
AssamUnicameral126126
BiharBicameral24375318
ChhattisgarhUnicameral9090
DelhiUnicameral7070
GoaUnicameral4040
GujaratUnicameral182182
HaryanaUnicameral9090
Himachal PradeshUnicameral6868
Jammu and KashmirUnicameral9090
JharkhandUnicameral8181
KarnatakaBicameral22475299
KeralaUnicameral140140
Madhya PradeshUnicameral230230
MaharashtraBicameral28878366
ManipurUnicameral6060
MeghalayaUnicameral6060
MizoramUnicameral4040
NagalandUnicameral6060
OdishaUnicameral147147
PuducherryUnicameral33[a]33
PunjabUnicameral117117
RajasthanUnicameral200200
SikkimUnicameral3232
Tamil NaduUnicameral234234
TelanganaBicameral11940159
TripuraUnicameral6060
Uttar PradeshBicameral403100503
UttarakhandUnicameral7070
West BengalUnicameral294294
Total4,1264264,547

FAQs

What can be the maximum number of members in a legislative assembly of a state in India?

The maximum number of members in a legislative assembly of a State in India is 500.

What is the upper limit of election expense in a parliamentary constituency?

The Upper of election expense in a parliamentary constituency is 70 lakhs.  

In which year, the Metropolitan Council of Delhi was replaced by a 70-member legislative assembly?

The Metropolitan Council of Delhi was replaced by a 70-member legislative assembly in the year 1992. 

Which among the other states of India does not have a bicameral legislature? 

West Bengal among the other States of India does not have a bicameral legislature

The power to create or abolish legislative councils in states is vested with which among the following?

The Legislative Assembly of the state has the authority to create or abolish legislative councils. 

The Andhra Pradesh Legislative Council was abolished in 1985. What year was it reintroduced?

The Andhra Pradesh Legislative Council got revived back in the year 2007. 

In which year legislative council of Tamilnadu was abolished?

The council of Tamilnadu was abolished in the year 1986.

Which of the bodies’ functions in India are strictly advisory in nature?

The functions of the Legislative Council in India are limited to advisory nature only.

The decisions of the District court are subject to what kind of jurisdiction of the high court?

The decisions of the district court are subject to the appellate jurisdiction of the High Court.

If the Government of a State fails to enforce the Directive principles of the state Policy, a citizen can move to which among the following courts to file a writ petition to get them enforced?

If the Government of a State fails to enforce the Directive principles of the state Policy, a citizen can move the Court to file a writ petition to get them enforced.

The jurisdiction of Lakshadweep comes under the?

The jurisdiction of Lakshadweep comes under the Kerala High Court.

Andaman and Nicobar Islands’ judiciary falls under the supervision of which of the following?

The judiciary of the Andaman and Nicobar Islands falls under the supervision of a circuit bench of the Kolkata High Court sitting at Port Blair. 

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