Actual Article
Article 168: Constitution of Legislatures in States
- For every State there shall be a Legislature which shall consist of the Governor, and
- (a) in the States of Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana, two Houses (known as the Legislative Council and the Legislative Assembly); and
- (b) in other States, one House known as the Legislative Assembly.
- Any reference to the Legislature of a State shall be construed as including a reference to the Governor of the State.
UPSC Notes for Article 168
Explanation:
- Structure of State Legislatures:
- Article 168 specifies the composition of state legislatures, which includes the Governor and, depending on the state, either one or two houses.
- States with two houses have a Legislative Council (Vidhan Parishad) and a Legislative Assembly (Vidhan Sabha). States with only one house have just the Legislative Assembly.
- Governor’s Role:
- The Governor is considered a part of the state legislature, playing a formal role in its functions, such as giving assent to bills passed by the houses or summoning, proroguing, and dissolving the Legislative Assembly.
- Bicameral and Unicameral Systems:
- The bicameral system includes both an upper house (Legislative Council) and a lower house (Legislative Assembly), providing a system of checks and balances within the state legislature.
- The unicameral system consists of only the Legislative Assembly, which is the sole legislative body in most states.
Key Points:
- Diversity in Legislative Structure: Reflects the federal principle of accommodating regional diversity within states by allowing them to choose between a bicameral and unicameral legislative system based on their specific needs and conditions.
- Governor’s Legislative Functions: Emphasizes the constitutional role of the Governor within the legislative process of the state, including sanctioning legislation and overseeing the legislative agenda.
Important Cases and Commissions Related to Article 168
Cases:
- Kuldip Nayar vs Union of India (2006): The Supreme Court upheld the changes in the representation of states in the Rajya Sabha and the abolition of domicile requirements for members of the Legislative Council, underscoring the flexibility within the constitutional framework of state legislatures.
Commissions:
- Sarkaria Commission: Reviewed the role of state legislatures and recommended reforms to enhance their efficiency and responsiveness.
- Punchhi Commission: Focused on the balance of power between the Governor and the state legislature, advocating for clear guidelines to streamline their interactions.
Previous Year Prelims Questions Related to Article 168
- (UPSC Prelims 2016) Which of the following states have a bicameral legislature?
- A. Bihar and Uttar Pradesh
- B. West Bengal and Tripura
- C. Maharashtra and Meghalaya
- D. Assam and Sikkim Correct Answer: A. Bihar and Uttar Pradesh
- (UPSC Prelims 2018) The Governor of a state functions as a part of which of the following?
- A. The state’s Judiciary
- B. The state’s Executive
- C. The state’s Legislature
- D. None of the above Correct Answer: C. The state’s Legislature
Previous Year Mains Questions Related to Article 168
- Mains 2016: “Analyze the effectiveness of having a bicameral versus a unicameral legislative system in the states as per Article 168.”
- Mains 2019: “Discuss the constitutional significance of including the Governor as a part of the legislature in states according to Article 168. What implications does this have for state governance?”
Additional Insights:
- Legislative Flexibility: Article 168 allows states the flexibility to structure their legislatures according to their specific administrative needs and political contexts.
- Role of the Governor: By involving the Governor in the legislative process, the article helps integrate state governance with broader constitutional and federal principles.
Understanding Article 168 is crucial for UPSC aspirants as it outlines the structure of state legislatures and the inclusion of the Governor, highlighting the diverse legislative frameworks within Indian federalism. This knowledge is essential for both preliminary and main examinations, offering insights into the governance and legislative processes at the state level.