Chapter 11 — State Legislature: The Andhra Pradesh Assembly and Council

The State Legislature’s constitutional composition

Article 168 provides for a Legislature in every State consisting of the Governor and either one House or two Houses. Where there are two Houses, they are the Legislative Assembly and Legislative Council. Andhra Pradesh currently operates both Houses, as the Assembly and Council portals show. This makes AP a bicameral State for legislative purposes.

The Governor is a component of the State Legislature for constitutional law-making functions, such as assent to Bills, but is not a member of the Assembly or Council. A Bill must complete the applicable legislative procedure and receive assent as required before it becomes law. The Assembly and Council differ in democratic mandate, terms and powers.

Legislative Assembly: direct representation

The Legislative Assembly (Vidhan Sabha) is the State’s directly elected House. Article 170 governs its composition, subject to the Constitution and delimitation laws. The Assembly’s normal term is five years from the date appointed for its first meeting unless sooner dissolved, subject to the Constitution’s emergency provision. Members are elected from territorial constituencies. Articles 330 and 332 provide for reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies respectively, within the constitutional framework.

The Election Commission of India’s 2024 Andhra Pradesh Assembly election schedule covered all 175 Assembly constituencies; its official schedule identifies 29 SC-reserved and 7 ST-reserved seats. These are dated election-reference facts from the 2024 general election record. For a later delimitation, by-election or updated election cycle, check the latest ECI schedule rather than assuming historical figures cannot change.

The Assembly elects a Speaker and Deputy Speaker. The Speaker presides, maintains order and applies the House’s rules. The Speaker also performs constitutional functions, including deciding whether a Bill is a Money Bill under the relevant State provision. The Speaker’s decision has constitutional significance, although other constitutional and legal rules may be relevant to review.

Legislative Council: a continuing second chamber

The Legislative Council (Vidhan Parishad) is the upper House of a bicameral State. It is a continuing House and is not dissolved. As nearly as possible, one-third of its members retire every second year. Its maximum size is ordinarily tied to one-third of the Assembly’s total membership, and it must have not fewer than forty members, subject to constitutional provisions.

Article 171 provides a mixed composition. As nearly as may be:

• about one-third are elected by electorates consisting of members of local authorities specified by Parliament;
• about one-twelfth are elected by graduates of at least three years’ standing residing in the State;
• about one-twelfth are elected by teachers meeting the constitutional service and institutional criteria;
• about one-third are elected by members of the Legislative Assembly from among persons who are not Assembly members; and
• the remainder are nominated by the Governor from persons with special knowledge or practical experience in literature, science, art, the co-operative movement and social service.

Members are chosen through the constitutional method of proportional representation by means of the single transferable vote for the elected categories specified in Article 171. Do not confuse this process with the direct election of Assembly members. A Council member is called an MLC; a member of the Assembly is an MLA.

Creation and abolition of a Council: Article 169

Parliament may create or abolish a State Legislative Council by law if the State Legislative Assembly first passes a resolution to that effect by the special majority specified in Article 169: a majority of the total membership of the Assembly and a majority of not less than two-thirds of members present and voting. Parliament then enacts a law. The Assembly resolution is essential but does not itself create or abolish the Council.

Such a law may contain the provisions necessary for amendment of the Constitution and related representation matters; Article 169 states that the law is not deemed an amendment under Article 368. The route is a useful comparison with Articles 2–4 on territorial reorganisation: the Constitution specifies a special enabling procedure and tells us how the resulting statute is classified.

How an ordinary State Bill moves

Article 196 provides that, subject to the special provisions for Money Bills and other constitutional rules, a Bill may originate in either House of a bicameral State Legislature. It must be passed by both Houses and presented to the Governor. Article 197 limits the Council’s power to block an ordinary Bill. If the Council rejects the Bill, proposes amendments unacceptable to the Assembly, or does not pass it within the prescribed period, the Assembly may pass it again. After the second passage, if the Council again rejects it, makes amendments the Assembly does not accept, or fails to pass it within the shorter period, the Bill is deemed passed by both Houses in the Assembly’s form, with amendments accepted by the Assembly.

The result is a suspensive delay, not equal legislative veto. The Council can examine and suggest changes. The directly elected Assembly may ultimately prevail through the sequence in Article 197. There is no joint sitting of the two State Houses as a substitute for this Article 197 procedure.

After both-House passage or deemed passage, the Bill is presented to the Governor. Article 200 and the current Supreme Court guidance on assent are covered in Chapter 10. The Governor may assent, withhold, or reserve the Bill as the constitutional framework permits; for a non-Money Bill the return-for-reconsideration procedure is available. Some Bills must be reserved in specified situations.

State Money Bills: Assembly controls the decisive vote

Article 199 defines a State Money Bill by its provisions, covering matters such as State taxation, borrowing, custody and withdrawal from the Consolidated Fund or Contingency Fund of the State, appropriation and audit of State public money, and incidental matters. A Bill is not a Money Bill merely because it affects State revenue or expenditure.

A State Money Bill:

1. cannot be introduced in the Legislative Council;
2. requires the Governor’s recommendation for introduction in the Assembly, subject to the Constitution’s financial provisions;
3. is transmitted to the Council after passage by the Assembly;
4. gives the Council fourteen days to return it with recommendations; and
5. allows the Assembly to accept or reject any recommendation. If the Council does not return it within fourteen days, it is deemed passed in the Assembly’s form.

The Council’s function is therefore recommendatory for a Money Bill. The Assembly controls the final legislative text. This resembles Parliament’s Lok Sabha/Rajya Sabha Money Bill procedure, but the constitutional article numbers and institution names differ.

State budget and control of expenditure

Article 202 requires the Governor to cause the annual financial statement to be laid before the State Legislature. The statement estimates State receipts and expenditure. Demands for grants are submitted to the Legislative Assembly, which may assent, refuse or reduce a demand. The Council may discuss budget matters but does not vote on demands for grants. The Constitution also addresses charged expenditure, appropriation and supplementary or additional grants.

Financial procedure protects public money by requiring legislative authority. An administrative order or speech cannot itself authorise withdrawal from the Consolidated Fund beyond the constitutional and statutory process. Candidates should distinguish:

• Budget estimate: expected receipts and proposed expenditure.
• Vote on demands for grants: Assembly’s decision on demands.
• Appropriation law: authority to withdraw money from the Consolidated Fund for specified services.
• Audit and scrutiny: later examination, including by CAG and legislative committees.

Privileges and proceedings

Article 194 addresses powers, privileges and immunities of State Legislatures and their members. Members have freedom of speech in the Legislature subject to the Constitution and the House’s rules and standing orders. They are not thereby free from every law outside the constitutional scope of privilege. House rules govern order and procedure, while courts may decide constitutional questions within their jurisdiction.

The Tenth Schedule applies to disqualification on grounds of defection, including members of State Legislatures. Questions under the Schedule involve the Speaker or Chairman in the first instance, subject to the constitutional framework and judicial review as developed by case law. A candidate should not assume that a party whip or resignation automatically resolves every legal question; the Schedule’s exact grounds and procedure matter.

The Assembly and Council use questions, debates, motions, committees and budget scrutiny to oversee public administration. Committees allow closer examination of Bills, expenditure and departmental performance. A committee report informs scrutiny but does not itself enact law.

Andhra Pradesh: practical exam frame

Andhra Pradesh is one of the States with a bicameral Legislature. Use this exam frame:

• Assembly: directly elected; confidence House; votes on grants; can ultimately prevail over the Council in ordinary Bill procedure under Article 197; controls the final Money Bill text.
• Council: indirectly constituted through several categories and nominations under Article 171; continuing House; reviews and delays ordinary Bills within Article 197; recommends changes to Money Bills within fourteen days.
• Governor: constitutional component of the Legislature; assent and reservation procedure under Articles 200–201.
• ECI record: 175 AP Assembly constituencies at the 2024 general election; 29 SC and 7 ST reserved in that official schedule. Date-stamp this fact.

The Legislature is not the same as the State Government. The Council of Ministers administers departments and is responsible to the Assembly. The Assembly makes laws, votes on grants and scrutinises the executive. A question about an administrative order may involve a statute passed by the Legislature, a rule made under it and an officer’s implementation.

Worked case: the Council delays an ordinary Bill

The AP Assembly passes an ordinary Bill. The Council returns amendments that the Assembly rejects.

Step 1: Classify the Bill. If it is an ordinary Bill, Article 197 applies; if it is a Money Bill, use Article 198.

Step 2: The Assembly considers the Council’s amendments and may pass the Bill again.

Step 3: If the Council again rejects the Bill, proposes unacceptable amendments or fails to pass it within the constitutional period, Article 197 allows the Assembly’s version (with amendments accepted by it) to be treated as passed by both Houses.

Step 4: Present the Bill to the Governor under the constitutional process; the Article 200 route then applies.

The Council can revise and delay. It cannot permanently veto an ordinary Bill through repeated rejection under the Article 197 framework.

Common exam traps

1. Article 168 includes the Governor as a component of the State Legislature, but the Governor is not an MLA or MLC.
2. The Assembly is directly elected; the Council uses indirect electoral categories and nominations.
3. The Council is permanent; the Assembly has a normal five-year term unless sooner dissolved.
4. Article 169 requires a special-majority Assembly resolution followed by a Parliamentary law to create or abolish a Council.
5. The Council may delay ordinary Bills under Article 197 but has no permanent veto.
6. The Council can recommend changes to a Money Bill but cannot originate it or force the Assembly to accept recommendations.
7. Demands for State grants are voted on by the Legislative Assembly.
8. ECI AP seat and reservation counts stated here are tied to the 2024 election schedule.

Active recall: State Legislature table

Without looking, compare Assembly and Council on: selection, term, confidence, ordinary Bill role, Money Bill role, and budget vote. Then recall the Article numbers 168, 169, 170, 171, 172, 194, 196, 197, 198, 199 and 202.

Worked application and retrieval drill

Worked case: a proposed State law

Suppose a department seeks to regulate a local service. A candidate should identify the relevant legislative subject and determine whether the State Legislature may legislate under the constitutional distribution, whether another constitutional route applies, and which House process is relevant. Andhra Pradesh has a Legislative Assembly and Legislative Council as verified against the official State legislature portals listed in S15. The Council is a revising House with powers different from the Assembly; for ordinary Bills, the Constitution specifies the effect of disagreement between Houses. A Money Bill follows a distinct route. Avoid assigning the Council an absolute veto over ordinary legislation.

Article 169 provides a procedure by which Parliament may create or abolish a State Legislative Council after the State Assembly passes the required resolution. The Assembly resolution is a constitutional trigger, not the final Parliamentary law. The statement “the State Assembly abolishes its Council by itself” omits the Parliamentary step. Conversely, a Council’s existence does not mean every State must have one: bicameralism at State level is constitutionally variable under the prescribed procedure.

Retrieval drill

For any State Bill, fill in: subject competence; originating House; category of Bill; role of second House; assent or reservation step; enactment/commencement source. Use AP as the institutional case only where official records support the fact. Separate a current portal fact (both Houses presently listed) from a legal rule that applies generally to all States.

Examiner distinction and source drill

Classify a Bill before assigning the role of each House. An ordinary Bill, Money Bill and proposal to create or abolish a Legislative Council follow different constitutional paths. The Council’s role is not identical to the Assembly’s, and Article 169 requires a State Assembly resolution followed by Parliamentary law for Council creation or abolition. In Andhra Pradesh, official State legislature portals list both Houses; the portal supports that institutional fact at the access date but does not substitute for the constitutional text. In a hypothetical, do not infer that a Council can block every ordinary Bill or that a State resolution alone completes an Article 169 change. Link each answer to the actual procedure.

Integrated problem-solving workshop

Scenario: ordinary Bill, Money Bill or Council change?

Take three proposals: a general public-service Bill; a proposal meeting the Article 110 definition; and a proposal to abolish a State Legislative Council. A student who applies the same two-House process to all three will miss the constitutional distinction. Classify the Bill first. For an ordinary Bill, the Council’s role and the constitutional route for resolving delay/disagreement follow the relevant provisions. A Money Bill has its own House procedure. Article 169 requires an Assembly resolution by the specified majority and a Parliamentary law before the Council is created or abolished. State resolution alone does not complete the change.

Andhra Pradesh official legislature sources list the Assembly and Council (S15). This confirms the current institutional listing at the cited access date; it does not alter the general constitutional rules. Do not memorise a precise Council strength unless it is necessary and verified from a current official source. The book avoids relying on a possibly stale number.

Exam method

Circle the phrase in the question that identifies the category: “ordinary Bill,” “Money Bill,” or “Article 169 resolution.” Then write the role of each House in one sentence. If an option gives the correct House but the wrong legal stage, reject it. This is more robust than memorising isolated institutional slogans.

Chapter 11 practice MCQs

1. Under Article 168, a State Legislature consists of:

• A. the Governor and one or two Houses, depending on the State’s structure
• B. only the Chief Minister and Cabinet
• C. the Supreme Court and High Court
• D. the Election Commission and Council of Ministers

Answer: A. Article 168 provides for the Governor and either one House or two Houses in a State Legislature.

2. Which statement correctly describes Andhra Pradesh as checked on 10 October 2026?

• A. It has no State Legislature.
• B. It has a Legislative Assembly and a Legislative Council.
• C. Its Council is the Union Rajya Sabha.
• D. It has only a Legislative Council.

Answer: B. The official AP Assembly and Council portals show both Houses operating. The Council is a State House and is not the Rajya Sabha.

3. How may Parliament create or abolish a State Legislative Council under Article 169?

• A. By a vote of all Gram Sabhas
• B. By a Governor’s press statement
• C. By law after the State Legislative Assembly passes the specified special-majority resolution
• D. By an ordinary resolution of the Council alone

Answer: C. Article 169 requires the Assembly’s special-majority resolution and a subsequent Parliamentary law.

4. Which list correctly describes the Legislative Council’s constitutional composition?

• A. entirely directly elected by all voters
• B. appointed wholly by the Chief Minister
• C. made up only of High Court judges
• D. elected through local-authority, graduate, teacher and Assembly-member categories, plus Governor nominations

Answer: D. Article 171 specifies mixed electoral categories and nominations.

5. Which House decides confidence in the State Council of Ministers?

• A. Legislative Assembly
• B. Supreme Court
• C. Parliament
• D. Legislative Council only

Answer: A. The State Council is collectively responsible to the Legislative Assembly.

6. What is the Council’s role in an ordinary State Bill under Article 197?

• A. It has no opportunity to consider the Bill.
• B. It may delay and suggest amendments, but the Assembly can ultimately prevail through the prescribed process.
• C. It has an absolute veto.
• D. It must enact the Bill alone.

Answer: B. Article 197 gives the Council a suspensive role and a process through which the Assembly’s version may prevail.

7. A State Money Bill may be introduced in:

• A. the Legislative Council only
• B. either House without recommendation
• C. the Legislative Assembly, under the required constitutional procedure
• D. the High Court

Answer: C. Article 198 provides that a State Money Bill cannot be introduced in the Legislative Council.

8. How long does the State Legislative Council have to return a Money Bill with recommendations?

• A. 3 months
• B. 6 months
• C. 30 days
• D. 14 days

Answer: D. Article 198 provides a fourteen-day period. The Assembly may accept or reject recommendations.

9. Which House votes on demands for grants in a State?

• A. Legislative Assembly
• B. the Governor alone
• C. Legislative Council
• D. Both Houses in a joint sitting

Answer: A. Article 203 provides for demands for grants to be voted on by the Legislative Assembly.

10. According to the ECI’s 2024 AP Assembly election schedule, how many Assembly constituencies went to poll?

• A. 58
• B. 175
• C. 29
• D. 7

Answer: B. The ECI’s official 2024 schedule covered all 175 constituencies. This is a date-stamped election fact; check later delimitation and election records for future editions.

11. Which Articles most directly distinguish the ordinary State Bill process from the State Money Bill process?

• A. Articles 52 and 53
• B. Articles 324 and 325
• C. Articles 197 and 198
• D. Articles 14 and 15

Answer: C. Article 197 addresses disagreement on ordinary Bills; Article 198 addresses Money Bills.

12. Freedom of speech in a State Legislature is principally addressed by:

• A. Article 368 exclusively
• B. Article 21 only
• C. Article 280
• D. Article 194, subject to the Constitution and House rules

Answer: D. Article 194 covers State Legislature powers, privileges and immunities, including freedom of speech within its constitutional framework.

Andhra Pradesh Legislature: use the constitutional structure carefully

Andhra Pradesh has a Legislative Assembly and a Legislative Council. Article 168 recognises State Legislatures that consist of the Governor and one or two Houses, as applicable. Article 169 provides the process by which Parliament may create or abolish a Legislative Council after the State Assembly passes a resolution with the specified majority. The Assembly’s resolution initiates a constitutional route; it does not itself amend the Constitution or abolish the Council. This distinction is tested because the special majority is easy to confuse with an ordinary majority or with the final parliamentary law.

Compare the Houses by function

The Legislative Assembly is the directly elected House and the Council of Ministers is collectively responsible to it. A Legislative Council is a continuing chamber with a partly indirect composition under Article 171; it cannot permanently block an ordinary Bill passed by the Assembly. In specified circumstances, the Assembly may ultimately prevail under Articles 196–197. Money Bills originate only in the Assembly; the Council may make recommendations within the constitutional period but cannot amend or reject the Bill in the same way as the Assembly.

The Council’s role is therefore one of revision, deliberation and representation through its prescribed composition, not duplication of the Assembly’s confidence function. A question that says the Council can remove a ministry by a no-confidence vote is incorrect. A question that says the Council has no role in any legislation is also too broad.

Legislative privileges and public scrutiny

Article 194 concerns powers, privileges and immunities of State Legislatures and their members, subject to the constitutional framework and judicial interpretation. Privilege supports the functioning of the House; it should not be treated as a personal licence detached from legislative work. In an exam case, identify whether the issue concerns speech in the House, publication, discipline or an external legal process, then check the constitutional text and applicable precedent.

Legislative scrutiny includes questions to ministers, discussion of policy, committee work and consideration of public expenditure. The Constitution establishes the institutional structure; current House rules and schedules govern detailed procedure. Cite a date and official Assembly source before stating a current session calendar, member count or active committee list.

AP exam checkpoints

• Article 168: structure of State Legislatures.
• Article 169: creation or abolition of a Council through a State resolution and Parliamentary law.
• Article 171: composition framework for Legislative Councils.
• Articles 196–197: passage of Bills and the Council’s limited delaying role.
• Articles 198–199: Money Bill route and definition.
• Article 194: legislative privileges.

Read each Article rather than inferring a power from the chamber’s name. Current Andhra Pradesh portal links are listed in the source register; this book avoids unsupported live office-holder or membership details.