Constitution of Legislatures in States

Article 148, Draft Constitution 1948

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

(a) In the States of – , 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.

Article 168, Constitution of India 1950

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

(a) in the States of Bihar, Bombay, Madras, Punjab, the United Provinces and West Bengal, 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.

Draft Article 148 (Article 168) was debated on 6 January 1949. It laid down the composition of the State Legislature.

One member proposed that clause (1) be wholly substituted to the effect that State Legislatures could be altered at the relevant State’s request. He argued that a bicameral legislature was unnecessary at the State level, and functioned more as a ‘dilatory engine rather than a help in reflecting popular opinion on crucial questions of legislation.’ One member agreed with this, contending that Second Chambers were used by vested interests to exert their influence, and that many modern democracies were now unicameral. The Assembly rejected this amendment, with one member stating that it was the only way to ensure that minorities were adequately represented in governance. Another member pointed out that Draft Article 304 (Article 368) already permitted the States to initiate proceedings to dissolve a Second Chamber.

Members from Orissa and Madras proposed the amendment of clause (1) to permit their States to have two Houses. The Chairman of the Drafting Committee proposed his own amendment to include the States of Madras, Bombay, West Bengal, the United Provinces, Bihar, and East Punjab. He stated that this was based on the outcome of deliberations between representatives of the States, and that only those States which had agreed to have a Second Chamber were included in the amendment.

All the proposed amendments were negatived, with exception of the amendment proposed by the Chairman of the Drafting Committee. The amended Draft Article 168 was adopted on 6 January 1949.