Part VI: The States

Article 168: Constitution of Legislatures in States

Original Article:

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

• (a) in the States of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana, and Uttar Pradesh, two Houses;
• (b) in other States, one House.

(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.

Amendments:

• Andhra Pradesh Legislative Council (Abolition) Act, 1985: Abolished Andhra Pradesh's Legislative Council.
• Andhra Pradesh Legislative Council Act, 2005: Reinstated the Legislative Council in Andhra Pradesh.
• Tamil Nadu Legislative Council (Abolition) Act, 1986: Abolished Tamil Nadu's Legislative Council.
• Punjab Legislative Council (Abolition) Act, 1969: Abolished Punjab's Legislative Council.

Explanations:

Article 168 establishes the framework for state legislatures, offering flexibility to states for either bicameral or unicameral systems based on administrative needs and complexities.

Clause-by-Clause Analysis:

Clause 1: Defines the composition of state legislatures:

• Sub-Clause (a): Bicameral legislatures for specific states like Andhra Pradesh, Karnataka, and Tamil Nadu.
• Sub-Clause (b): Unicameral legislature for all other states.

Clause 2: Naming of the legislative bodies:

• "Legislative Assembly" for unicameral systems.
• "Legislative Council" and "Legislative Assembly" for bicameral systems.

Legislative History:

Article 168, initially Article 148 of the Draft Constitution, was incorporated into the Indian Constitution after deliberation on January 6, 1949.

• 1949: Constituent Assembly finalized the article.
• 1956: Reorganization of states impacted its application through the States Reorganization Act.

Historical and Contemporary Significance:

Article 168 reflects the Constitution's flexibility, allowing state legislatures to adapt to varying administrative needs and complexities.

Real-Life Examples:

Example 1: The creation of Telangana in 2014 involved the establishment of a Legislative Council, reflecting the state's unique requirements.

Example 2: Tamil Nadu abolished its Legislative Council in 1986, highlighting the dynamic nature of legislative structures based on administrative decisions.

Debates and Deliberations:

Key debates included the merits of bicameral legislatures, the inclusion of specific states, and concerns over the cost and efficiency of second chambers.

• Prof. K. T. Shah argued for Parliament's discretion in determining legislative structures.
• Shri Lakshmi Narayan Sahu proposed including Orissa for bicameral legislature benefits.
• Dr. B. R. Ambedkar emphasized the experimental nature of bicameral legislatures.

References:

• The Constitution of India, 1950
• Andhra Pradesh Reorganisation Act, 2014
• Tamil Nadu Legislative Council (Abolition) Act, 1986
• Debates of the Constituent Assembly of India