The State Legislatures ICSE Class 9: Assembly and Council

What The State Legislatures is about

Weightage: CISCE publishes no chapter weightage and no question-paper layout for ICSE Class 9 History and Civics. Class IX is examined by your school: one 80-mark paper of 2 hours plus 20 marks of internal assessment. The State Legislatures is Civics topic 3 of the 2028 syllabus.Source: CISCE ICSE 2028 History and Civics syllabus, Class IX

Key concepts

Unicameral and bicameral legislatures

A unicameral legislature has only one House. Most Indian states have a unicameral legislature consisting of the Governor and the Legislative Assembly.

A bicameral legislature has two Houses. A few states, such as Uttar Pradesh, Bihar, Maharashtra and Karnataka, have both a Legislative Assembly (lower House) and a Legislative Council (upper House), together with the Governor.

A Legislative Council can be created or abolished by Parliament by law, if the Legislative Assembly of that state passes a resolution to that effect by a majority of its total membership and two-thirds of the members present and voting.

Arguments for a second House: it revises hasty legislation and brings in experienced people such as teachers, graduates and experts. Arguments against: it is costly, can only delay bills, and is sometimes used to accommodate defeated politicians.

Worked example

(3 marks) Distinguish between a unicameral and a bicameral legislature. How can a Legislative Council be created in a state?

Try it first, then show the solutionSolution

1. Unicameral: one House, the Legislative Assembly - 1 mark.
2. Bicameral: two Houses, Legislative Assembly and Legislative Council - 1 mark.
3. Creation: the Assembly passes a resolution by a majority of total membership and two-thirds present and voting; Parliament then passes a law - 1 mark.

Answer: A unicameral legislature has one House (the Assembly); a bicameral legislature has two (Assembly and Council). A Council is created when the state's Assembly passes a resolution by a majority of its total membership and two-thirds of those present and voting, and Parliament then makes a law creating it.

Legislative Assembly: composition, term and qualifications

Composition: the Legislative Assembly (Vidhan Sabha) consists of members directly elected by the voters of the state on the basis of universal adult franchise, one from each territorial constituency. The Constitution sets a maximum of 500 and a minimum of 60 members, though some small states have fewer by special provision. Seats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population.

Term: five years from its first meeting. The Governor may dissolve it earlier on the advice of the Chief Minister, or when no government can be formed. During a national emergency Parliament may extend its term by up to one year at a time.

Qualifications of a member: citizen of India; at least 25 years of age; name on the electoral roll of a constituency in the state; must not hold an office of profit under the government; must not be of unsound mind or an undischarged insolvent.

Presiding officer: the Speaker, elected by the members from among themselves, with a Deputy Speaker.

Worked example

(3 marks) State the composition and term of the Legislative Assembly and two qualifications for its membership.

Try it first, then show the solutionSolution

1. Composition: directly elected members, not more than 500 and not less than 60 - 1 mark.
2. Term: five years; may be dissolved earlier by the Governor - 1 mark.
3. Qualifications: citizen of India, at least 25 years old (also on the electoral roll, no office of profit) - 1 mark.

Answer: The Assembly consists of members elected directly by the people, between 60 and 500 depending on the state. Its term is five years, though the Governor may dissolve it earlier. A member must be a citizen of India and at least 25 years old (and must not hold an office of profit).

Legislative Council: composition, term and qualifications

Size: not more than one-third of the total membership of the state's Assembly, and not less than 40.

Composition (mostly indirect election):

• about one-third elected by members of local bodies (municipalities, district boards and others);
• one-twelfth elected by graduates of at least three years' standing living in the state;
• one-twelfth elected by teachers with at least three years' teaching in secondary schools or higher institutions;
• about one-third elected by members of the Legislative Assembly from among persons who are not MLAs;
• the rest (about one-sixth) nominated by the Governor from persons with special knowledge of literature, science, art, the co-operative movement and social service.

Term: it is a permanent House and is never dissolved. Each member is elected for six years, and one-third of the members retire every two years.

Qualifications: citizen of India; at least 30 years of age; no office of profit; sound mind and solvent.

Presiding officer: the Chairman, elected by the members, with a Deputy Chairman.

Worked example

(4 marks) Describe the composition of the Legislative Council.

Try it first, then show the solutionSolution

1. One-third elected by local bodies - 1 mark.
2. One-twelfth each by graduates and by teachers - 1 mark.
3. One-third elected by the Legislative Assembly from non-members - 1 mark.
4. About one-sixth nominated by the Governor from literature, science, art, co-operation and social service; total not over one-third of the Assembly, minimum 40 - 1 mark.

Answer: The Council has not more than one-third of the Assembly's strength and at least 40 members: one-third elected by local bodies, one-twelfth by graduates, one-twelfth by teachers, one-third by the MLAs from among non-members, and the remaining one-sixth nominated by the Governor for knowledge of literature, science, art, co-operation or social service.

Powers of the Legislative Assembly

1. Legislative: makes laws on subjects in the State List (such as police, public health, agriculture) and the Concurrent List (such as education, forests). If a state law on a Concurrent subject conflicts with a Union law, the Union law generally prevails.
2. Financial: a Money Bill can be introduced only in the Assembly, and only on the Governor's recommendation. The Assembly passes the state budget and votes the demands for grants; no tax can be levied without its approval.
3. Control over the executive: the Chief Minister and the Council of Ministers are collectively responsible to the Assembly. Members control the ministry through questions, adjournment motions, cut motions and, finally, a no-confidence motion, which forces the ministry to resign if passed.
4. Electoral: elected MLAs take part in the election of the President, elect the state's members of the Rajya Sabha, and elect one-third of the members of the Legislative Council.
5. Constituent: certain constitutional amendments affecting the federal structure must be ratified by the legislatures of at least half the states.

Worked example

(4 marks) Explain how the Legislative Assembly controls the state executive.

Try it first, then show the solutionSolution

1. The Council of Ministers is collectively responsible to the Assembly - 1 mark.
2. Members ask questions and supplementary questions on the working of departments - 1 mark.
3. Adjournment and cut motions draw attention to failures and criticise policy - 1 mark.
4. A no-confidence motion, if passed, forces the ministry to resign - 1 mark.

Answer: The Council of Ministers stays in office only while it has the Assembly's confidence. Members question ministers, move adjournment motions on urgent matters and cut motions on grants, and can finally pass a no-confidence motion, which compels the whole ministry to resign.

Powers of the Legislative Council

The Council is a revising and advisory House with limited powers:

• Ordinary bills: a bill may start in either House. If the Assembly passes a bill and the Council rejects it, delays it beyond three months or amends it in ways the Assembly does not accept, the Assembly may pass it again. If the Council again rejects or holds it, the bill is deemed passed after one month. So the Council can delay an ordinary bill for at most about four months in total.
• A bill that starts in the Council and is rejected by the Assembly ends there.
• Money Bills: the Council can only make recommendations, and must return the bill within 14 days; the Assembly may accept or reject them.
• Executive: ministers may be members of the Council and answer questions there, but the ministry is not responsible to the Council, which cannot pass a no-confidence motion.
• The Council has no role in the election of the President or of Rajya Sabha members.

Worked example

(3 marks) 'The Legislative Council can only delay, not stop, an ordinary bill passed by the Assembly.' Explain.

Try it first, then show the solutionSolution

1. If the Council rejects the bill or keeps it for over three months, the Assembly can pass it again - 1 mark.
2. If the Council again rejects it or holds it for over one month, it is deemed passed by both Houses - 1 mark.
3. So the maximum delay is about four months; the Assembly's will prevails - 1 mark.

Answer: When the Council rejects or sits on an Assembly bill for three months, the Assembly can pass it again. On its second visit the Council can hold it for only one month, after which it is deemed passed. The Council can thus delay a bill for about four months but cannot stop it.

Assembly versus Council

The Legislative Assembly is more powerful because:
1. It is directly elected by the people; the Council is mostly indirectly elected and partly nominated.
2. Money Bills can start only in the Assembly; the Council can delay them for 14 days only.
3. In ordinary bills, the Assembly has the final say; the Council can delay a bill for about four months at most.
4. The Council of Ministers is responsible to the Assembly alone.
5. Elected MLAs vote in the presidential and Rajya Sabha elections; members of the Council do not.
6. The Council's very existence depends on a resolution of the Assembly.

One point in the Council's favour: it is permanent, so it provides continuity, while the Assembly can be dissolved.

Worked example

(4 marks) Give four reasons why the Legislative Assembly is more powerful than the Legislative Council.

Try it first, then show the solutionSolution

1. Assembly is directly elected; Council largely indirectly elected and nominated - 1 mark.
2. Money Bills start only in the Assembly; Council can delay them 14 days only - 1 mark.
3. Ministry is responsible only to the Assembly - 1 mark.
4. Assembly has the final say on ordinary bills; Council can delay about four months - 1 mark.

Answer: (1) The Assembly is directly elected, the Council is not. (2) Money Bills originate only in the Assembly, and the Council can hold them for just 14 days. (3) The Council of Ministers is responsible only to the Assembly. (4) On ordinary bills the Assembly prevails; the Council can only delay them for about four months.

The State Legislatures in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• Legislative Assembly and Legislative Council: Composition and Powers

The State Legislatures: key facts

Legislative Assembly size

Max 500, min 60 (smaller states by special provision)

Directly elected.

Assembly term

5 years; can be dissolved earlier by the Governor

Extendable by Parliament one year at a time in a national emergency.

Age for membership

Assembly 25 years; Council 30 years

Citizen, on electoral roll, no office of profit.

Legislative Council size

Not more than 1/3 of the Assembly; at least 40

Permanent House.

Council composition

1/3 local bodies + 1/12 graduates + 1/12 teachers + 1/3 MLAs + about 1/6 nominated

Nominated by the Governor.

Council term

Member: 6 years; 1/3 retire every 2 years

Never dissolved.

Council's delaying power

Ordinary bill: 3 months + 1 month; Money Bill: 14 days

Assembly prevails.

How the school exam asks The State Legislatures

The question patterns to expect, and the method that works for each.

Tricks to remember The State Legislatures

Short memory aids. Say each one aloud once, then use it on a question the same day.

• 25 and 30

  Lower House, lower age (25); upper House, higher age (30).

  Use it when: Age qualifications.

• L-G-T-A-N

  Local bodies 1/3, Graduates 1/12, Teachers 1/12, Assembly 1/3, Nominated 1/6.

  Use it when: Council composition.

• Money in the Assembly

  Money Bills start in the Assembly and the Council gets 14 days: 'two weeks' notice'.

  Use it when: Financial powers.

The State Legislatures: exam-level solved questions

Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section B style)

Read the situation, then answer every part. In a school exam set on the board pattern this is a 10-mark question split into 3 + 3 + 4 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in The State Legislatures

The slips examiners see most often, and what to write instead.

• ✗Mistake: Swapping the age qualifications

  Students memorise 25 and 30 without linking them to the Houses.

  Wrong working

  A member of the Council must be at least 25.

  Right working

  Assembly 25 years; Council 30 years.

  ✓Do this: Lower House, lower age.

  Usually costs: 1 mark.

• ✗Mistake: Saying the Council can reject a bill permanently

  Students assume both Houses are equal, as with the Rajya Sabha on some matters.

  ✓Do this: Write the time limits: three months, then one month, then deemed passed.

  Usually costs: 1-2 marks.

• ✗Mistake: Writing that the Council is dissolved every six years

  Confusion between a member's term and the House.

  Wrong working

  The Legislative Council is dissolved after six years.

  Right working

  The Council is never dissolved; each member serves six years and one-third retire every two years.

  ✓Do this: House permanent, member six years.

  Usually costs: 1 mark.

• ✗Mistake: Giving incomplete composition fractions

  Students remember 'one-third' but not who elects it.

  ✓Do this: Always name the electing body with each fraction.

  Usually costs: Up to 2 marks.

Practice questions on The State Legislatures

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQExam level

   The maximum strength of a state Legislative Assembly is:
   (a) 250
   (b) 400
   (c) 500
   (d) 550

   Hint

   Minimum is 60.

   Answer

   (c) 500.

2. Q2 · 1 mark · MCQHarder exam level

   Which of these bodies does NOT elect members of the Legislative Council?
   (a) Local bodies
   (b) Graduates
   (c) Members of the Rajya Sabha
   (d) Members of the Legislative Assembly

   Hint

   Think of the five fractions.

   Answer

   (c) Members of the Rajya Sabha.

3. Q3 · 1 mark · Very short answerExam level

   For how many days can the Legislative Council hold a Money Bill?

   Hint

   Two weeks.

   Answer

   14 days.

4. Q4 · 2 marks · Very short answerExam level

   State two qualifications for membership of the Legislative Assembly.

   Hint

   Citizenship and age.

   Answer

   Must be a citizen of India and at least 25 years old (also: on the electoral roll of a constituency in the state; no office of profit).

5. Q5 · 2 marks · Very short answerHarder exam level

   Who nominates members of the Legislative Council, and from which fields?

   Hint

   The state's head.

   Answer

   The Governor nominates about one-sixth of the members from persons with special knowledge or experience of literature, science, art, the co-operative movement and social service.

6. Q6 · 2 marks · Very short answerHarder exam level

   In what circumstances may a Legislative Assembly be dissolved before five years?

   Hint

   Governor, advice, no majority.

   Answer

   The Governor may dissolve it before five years on the advice of the Chief Minister, or when no party or coalition can form a stable government (including under President's Rule).

7. Q7 · 3 marks · Short answerHarder exam level

   Explain the legislative powers of the Legislative Assembly with reference to the State and Concurrent Lists.

   Hint

   Union law prevails in a conflict.

   Answer

   The Assembly makes laws on State List subjects such as police and agriculture, and on Concurrent List subjects such as education. On Concurrent subjects, if a state law conflicts with a Union law, the Union law generally prevails. In a bicameral state, the Assembly's view prevails over the Council's on ordinary bills.

8. Q8 · 3 marks · Short answerHOTS / competency

   'The Legislative Council is a mere shadow of the Legislative Assembly.' Do you agree? Give three reasons.

   Hint

   Money, ministry, bills.

   Answer

   Largely yes: (1) it can hold Money Bills for only 14 days; (2) it can delay ordinary bills by about four months but cannot stop them; (3) the ministry is not responsible to it. Its existence also depends on the Assembly's resolution. It is useful only as a revising House.

9. Q9 · 2 marks · Very short answerExam level

   Name two motions through which members of the Assembly control the ministry, and explain one of them.

   Hint

   Adjournment, cut, no-confidence.

   Answer

   Adjournment motion and no-confidence motion (also cut motion). A no-confidence motion, if passed, compels the entire Council of Ministers to resign.

10. Q10 · 2 marks · Very short answerHOTS / competency

    A Legislative Council has 78 members. What is the smallest the state's Assembly can be? Show how you know.

    Hint

    Council is at most one-third of the Assembly.

    Answer

    Council members cannot exceed one-third of the Assembly, so the Assembly must have at least 78 × 3 = 234 members.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.Minimum and maximum strength of a Legislative Assembly?Show answer

   60 and 500.

2. 2.Minimum age for an MLA?Show answer

   25 years.

3. 3.Minimum strength of a Legislative Council?Show answer

   40 members.

4. 4.Term of a member of the Legislative Council?Show answer

   Six years; one-third retire every two years.

5. 5.Who presides over the Legislative Council?Show answer

   The Chairman, elected by its members.

6. 6.Maximum delay the Council can cause to a Money Bill?Show answer

   14 days.

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Unicameral: Assembly only (most states). Bicameral: Assembly + Council (a few states).
• ☐Assembly: 60-500, directly elected, 5 years, age 25; Speaker presides.
• ☐Council: 40 to 1/3 of Assembly; 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 MLAs, ~1/6 nominated.
• ☐Council permanent; member 6 years; 1/3 retire every 2 years; age 30; Chairman presides.
• ☐Assembly powers: laws (State and Concurrent Lists), Money Bills and budget, control of ministry, electoral, ratifying certain amendments.
• ☐Council: delay ordinary bills about 4 months, Money Bills 14 days; ministry not responsible to it.

The State Legislatures: frequently asked questions