Article 168 of the Costitution of India with Case law
🇮🇳 Article 168 of the Constitution of India
Topic: Constitution of Legislatures in States
🔹 Text of Article 168:
168. Constitution of Legislatures in States
(1) For every State, there shall be a Legislature which shall consist of the Governor, and—(a) in the States of Bihar, Maharashtra, Karnataka, Uttar Pradesh, Andhra Pradesh and Telangana, 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 (Vidhan Parishad), and the other as the Legislative Assembly (Vidhan Sabha).
🧾 Explanation:
Article 168 lays down the structure of State legislatures.
Most states have a unicameral legislature (only Legislative Assembly).
A few states have a bicameral legislature, i.e., both:
Legislative Assembly (Vidhan Sabha) – Lower House
Legislative Council (Vidhan Parishad) – Upper House
🏛️ States with Bicameral Legislatures (as per Article 168):
| State | Legislature Type |
|---|---|
| Andhra Pradesh | Bicameral |
| Bihar | Bicameral |
| Karnataka | Bicameral |
| Maharashtra | Bicameral |
| Telangana | Bicameral |
| Uttar Pradesh | Bicameral |
✳️ All other states have a unicameral system (only Legislative Assembly).
⚖️ Important Case Law Related to Article 168 and State Legislatures:
🧑⚖️ 1. K. K. Velusamy v. Palanisamy (2011) 11 SCC 275
Though not directly on Article 168, the case explained that procedures of legislatures are governed by the Constitution and cannot be bypassed or misused.
Reinforced the importance of the Legislative Assembly's procedures in a constitutional democracy.
🧑⚖️ 2. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Applied principles equally to Parliament and State Legislatures.
Held that actions of the Legislature can be reviewed judicially in cases of constitutional violations, though internal proceedings are normally immune.
🧑⚖️ 3. A.G. Karnataka v. B.S. Yeddyurappa (2011)
Related to improper conduct during proceedings of the Karnataka Legislative Assembly.
The Court emphasized that state legislatures function under constitutional limitations, as provided in Articles 168 to 212.
📌 Related Articles:
Article 169 – Abolition or creation of Legislative Councils
Article 170 – Composition of the Legislative Assembly
Article 171 – Composition of the Legislative Council
✅ Summary Table:
| Feature | Details |
|---|---|
| Applies to | All States |
| Governor's Role | Part of the Legislature (not a member of Assembly/Council) |
| Bicameral States | Bihar, Maharashtra, Karnataka, UP, Andhra Pradesh, Telangana |
| Unicameral States | All other states |
| Judicial Review? | Yes, if constitutional procedure is violated |
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