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What is Constitution Of India Article 168?

Answer By law4u team

Constitution Of India Article 168: Constitution of Legislatures in States

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

  • in the States of {1}*** {2}[Andhra Pradesh], Bihar, {3}*** {4}[Madhya Pradesh], {5}*** {6}[Maharashtra], {7}[Karnataka], {8}*** {9}[{10}[Tamil Nadu, Telangana]] {11}[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.

Notes

1. The words Andhra Pradesh, omitted by the Andhra Pradesh Legislative Council (Abolition) Act, 1985 (34 of 1985), s. 4 (w.e.f. 1-6-1985).

2. Ins. by the Andhra Pradesh Legislative Council Act, 2005 (1 of 2006), s. 3 (w.e.f. 30-3-2007).

3. The word Bombay omitted by the Bombay Reorganisation Act, 1960 (11 of 1960) s. 20 (w.e.f. 1-5-1960).

4. Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 8 (w.e.f. 1-11-1956).

5. The words Tamil Nadu, omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), s. 4 (w.e.f. 1-11-1986).

6. Ins. by the Bombay Reorganisation Act, 1960 (11 of 1960), s. 20 (w.e.f. 1-5-1960).

7. Subs. by the Mysore State (Alteration of Name) Act, 1973 (31 of 1973), s. 4, for Mysore (w.e.f. 1-11-1973), which was inserted by the Constitution (Seventh Amendment) Act, 1956, s. 8(1) (w.e.f. 1-11-1956).

8. The word, Punjab omitted by the Punjab Legislative Council (Abolition) Act, 1969 (46 of 1969), s. 4 (w.e.f. 7-1-1970).

9. The words Tamil Nadu ins. by the Tamil Nadu Legislative Council Act, 2010 (16 of 2010), s. 3 (date not yet notified).

10. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for Tamil Nadu w.e.f. 2-6-2014).

11. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4 for Uttar Pradesh and West Bengal (w.e.f. 1-8-1969).

Brief Detail

Article 168 mandates the creation of a Legislature in every State, which shall comprise the Governor and, in certain states like Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana, and Uttar Pradesh, it shall consist of two Houses: the Legislative Assembly and the Legislative Council. In other states, the Legislature will consist only of one House.

Question & Answers

What does Article 168 state regarding the composition of the Legislature in States?

Article 168 establishes that every State shall have a Legislature consisting of the Governor and, in specific states like Andhra Pradesh, Bihar, and others, two Houses (Legislative Assembly and Legislative Council).

Which states have a two-House Legislature as per Article 168?

The states of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Telangana, and Uttar Pradesh have a two-House Legislature as per Article 168.

Example

For example, in Uttar Pradesh, the Legislature consists of the Governor, the Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad), forming a bicameral Legislature.

Summary

Article 168 ensures the constitution of a Legislature in each state with the Governor as its head. In some states, there is a bicameral Legislature with two Houses, while in others, there is a unicameral Legislature with only one House.

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