Introduction

Article 168 of the Indian Constitution is a crucial provision that deals with the constitution of legislatures in the states of India. It outlines the composition, qualifications, and disqualifications of members of the State Legislature, as well as their privileges and powers. This article plays a vital role in ensuring the smooth functioning of the democratic system at the state level.

Composition of State Legislatures

Article 168 states that every state in India shall have a legislature, which consists of the Governor and two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad), if it is a bicameral legislature.

The Legislative Assembly is directly elected by the people of the state, and its members are known as Members of Legislative Assembly (MLAs). The number of seats in the Legislative Assembly is determined based on the population of the state. The Constitution also provides for the reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population.

In the case of a bicameral legislature, the Legislative Council is the upper house, and its members are known as Members of Legislative Council (MLCs). The Legislative Council is not present in all states and is only established in states that have a population exceeding 1.5 crore (15 million) or as per the recommendation of the Legislative Assembly of the state.

Qualifications and Disqualifications

Article 168 lays down the qualifications required to become a member of the State Legislature. To be eligible for membership in the Legislative Assembly, a person must be a citizen of India, at least 25 years of age, and not hold any office of profit under the Government of India or the government of any state.

The qualifications for membership in the Legislative Council are slightly different. To become an MLC, a person must be a citizen of India, at least 30 years of age, and possess special knowledge or practical experience in fields such as literature, science, art, cooperative movement, or social service.

Article 191 of the Indian Constitution provides for disqualifications for membership in the State Legislature. A person can be disqualified if they hold any office of profit, are of unsound mind, are undischarged insolvent, have voluntarily acquired citizenship of a foreign country, or are disqualified under any law made by the Parliament.

Privileges and Powers

Article 168 also grants certain privileges and powers to the members of the State Legislature. These privileges are similar to those enjoyed by members of Parliament under Article 105 of the Indian Constitution.

The members of the State Legislature enjoy freedom of speech within the House, immunity from legal proceedings in respect of anything said or any vote cast by them in the House, and freedom from arrest in civil cases during the session of the House.

They also have the power to legislate on matters within the state's jurisdiction, including subjects listed in the State List and the Concurrent List of the Seventh Schedule of the Indian Constitution. The State Legislature has the authority to make laws, subject to the limitations imposed by the Constitution.

Role of the Governor

Article 168 also defines the role of the Governor in the state legislature. The Governor is the head of the state and is appointed by the President of India. The Governor performs various functions, such as summoning and proroguing the sessions of the State Legislature, addressing the legislature, and giving assent to bills passed by the legislature.

The Governor also has the power to dissolve the Legislative Assembly if necessary and recommend the imposition of President's Rule in the state in case of a breakdown of constitutional machinery.

Conclusion

Article 168 of the Indian Constitution is a significant provision that establishes the framework for the constitution of legislatures in the states of India. It ensures the representation of the people and provides the necessary qualifications, disqualifications, privileges, and powers for the smooth functioning of the state legislature. The composition and functioning of the state legislature play a crucial role in upholding the principles of democracy and promoting good governance at the state level.

Understanding Article 168 helps in comprehending the democratic structure of India and the importance of state legislatures in the overall governance of the country.