The 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 —
(a) in the States of Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Karnataka, 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.
Why this exists
The framers borrowed the idea of an upper house from the British and colonial legislative councils, giving some larger or more diverse States the option of a revising chamber (Legislative Council) while keeping smaller States simpler with just one House. Article 168 sets the basic structure, while Article 169 allows Parliament to create or abolish Legislative Councils in any State by law, so the list of bicameral States is not fixed forever.
How courts read it
There is little independent case law directly interpreting Article 168 itself, since it mainly restates structure; most litigation and political debate happens under Article 169 (creation/abolition of Councils) and around the powers of Legislative Councils versus Assemblies (e.g., money bills, ordinary bills). Courts have generally treated Article 168 as a structural provision defining what 'the Legislature' means for other constitutional purposes.
Common misconceptions
- Myth: The list of six states in Article 168(1)(a) is permanent and unchangeable.
Fact: Parliament can add or remove Legislative Councils in any state under Article 169, so which states are bicameral has changed over time (e.g., some states gained or lost councils after the Constitution's adoption). - Myth: The Governor is like a third House with independent voting power in the Legislature.
Fact: The Governor is described as part of the Legislature mainly in a formal/constitutional sense (e.g., summoning, assenting to bills), not as a body that debates or votes like the Assembly or Council.