State legislature-
Constitutional provision-
Articles 168 to 212 in Part VI of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the state legislature
Organisation of State Legislature-
There is no uniformity in the organisation of state legislatures
Unicameralism and Bicameralism –
State where, there is only one house (legislative assembly) is known as unilateralism and where there are two is known as Bicameralism (legislative assembly + Legislative council)
Legislative assembly(Vidhan Sabha) and Legislative council(Vidhan Parishad)-
Some states have one house and some states have Two-
This provision is mentioned under Article 168(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
At present there are 6 states where, there is Bicameral legislature and they are-
Telangana , Bihar , Andhra Pradesh, Karnataka, Maharashtra and Uttar Pradesh
Article 169: Abolition or creation of Legislative Councils in States
This article has following provisions-
In states where, there is Legislative council, Parliament can abolish it
Parliament can create new Legislative council in the state
For creation of council-
Resolution having special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting must be passed by legislative assembly and then it is passed by parliament with simple majority
This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368
Legislative Assembly-
Composition and strength-
Maximum strength is fixed at 500 and minimum strength at 60
In case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30 and in case of Mizoram and Nagaland, it is 40 and 46 respectively
Election-
Members are directly elected on the basis of universal adult franchise
Territorial constituencies are formed in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
And Population is decided on the basis of last recent census
Readjustment after each census-
The readjustment in boundaries of state constituencies are done in same manner as that of parliamentary constituency
To make adjustment to the boundaries of this constituency there is delimitation commission which looks into readjustment of these boundaries after every census
Till now delimitation commission was formed 4 times i.e. 1952, 1962, 1972 and 2002
84th and 87th constitutional amendment act
84th constitutional amendment act 2001 provided that there will be no readjustment of the boundaries till 25 years i.e. 2026
87th constitutional amendment act 2003 provided that present delimitation of the constituencies is to be made on the basis of 2001 census instead of census of 1991
Reservation for SC & ST-
Constitution of India provided for reservation for SC & ST, initially for 10 years, which was extended subsequently
The election to reserved seats is not to made on the basis of separate electorate
104th constitutional amendment act 2019 extended this reservation for further 10 years till 2030
Nominated Member
Governor nominate one member from the Anglo-Indian community
However, with the passage of the Constitution (126th Amendment) Bill does away with the provision for nomination of Anglo Indians to Lok Sabha and some State Assembly
Composition of Legislative council-
Maximum and Minimum Strength
Maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40
The Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament
Manner of Election-
Members of the legislative council are indirectly elected by means of a single transferable vote
1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
1/12 are elected by graduates of three years standing and residing within the state
1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school
1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly
The remainder(1/6) are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.
Duration-
Duration of Legislative Assembly-
Normal term is five years however the governor is authorized to dissolve the assembly at any time (i.e., even before the completion of five years) to pave the way for fresh elections
The term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time) cannot continue beyond a period of six months after the emergency has ceased to operate
Duration of Legislative Council-
It is a permanent body and is not subject to dissolution
One-third of its members retire on the expiration of every second year
A member continues as such for six years
Vacant seats are filled up by fresh elections and nominations by governor at the beginning of every third year.
Retiring members are also eligible for re-election and re nomination any number of times
Qualifications and disqualifications of members of the both houses-
Qualifications (Article 173)
(a) She/he must be a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
(b) Age –
In rajya sabha or the Council of States, not less than thirty years of age
In the case of Loksabha or the House of the People, not less than twenty-five years of age
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament
On the basis of Clause c stated above, the parliament have added Two more provisions related to Qualification through Representation of peoples act 1951
1. A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state.
2. A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state
3. A person must be a member of a SC or ST in any State or UT, if he wants to contest a seat reserved for them.
Disqualification-
This provision is mentioned under Article 191 of the constitution
Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State
(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament Explanation For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State
(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule (Anti Defection)
On the basis of Clause 1(e) stated above, the parliament have added following provisions related to disqualification, through Representation of peoples act 1951-
He must not have been found guilty of certain election offences or corrupt practices in the elections.
He must not have been convicted for any offence resulting in imprisonment for two or more years. However, the detention of a person under a preventive detention law is not a disqualification.
He must not have failed to lodge an account of his election expenses within the time.
He must not have any interest in government contracts, works or services.
He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
He must not have been dismissed from government service for corruption or disloyalty to the State.
He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati
if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release
Anti defection-
Oath and Affirmations-
Before performing any duty of the state legislature every member has to take an oath before Governor or some person appointed by President
The speaker or deputy speaker does not make any spate oath or affirmation while performing the duty of speaker or deputy speaker
Salaries and allowances-
Salaries of all the members of state legislature including Speaker and deputy speaker of Assembly and Chairman and deputy chairman of council are determined by Parliament
Vacancy of Seat-
There are following scenarios in which there can be vacancy of seat in state legislature-
Absence-
If a member is absent from all its meetings for a period of sixty days without its permission
Resignation/death-
A member may resign by writing to the Chairman(council) or Speaker(assembly), as the case may be.
Disqualification-
Seat becomes vacant if someone is disqualified on the grounds as discussed above
Election-
Seat can becomes vacant if elections are declared void(can be declared by High court) or she/he is elected as president or vice president or governor
Double membership-
A person cannot be a member of both Houses of state legislature at one and the same time
If a person is elected to both the Houses, his seat in one of the Houses falls vacant as per the provisions of a law made by the state legislature
Presiding Officers-
Speaker of Assembly-
Speaker of Assembly elected by the assembly itself from amongst its members
Vacancy-
Vacates his office earlier in any of the following three cases:
1. if he ceases to be a member of the assembly;
2. if he resigns by writing to the deputy speaker;and
3. if he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can be moved only after giving 14 days advancenotice
Panel of chairperson-
The Speaker nominates from amongst the members a panel of chairman. Any one of them can preside over the assembly in the absence of the Speaker or the Deputy Speaker
Functions of Speaker-
She/he is final interpreter of the provisions of (a) the Constitution of India, (b) the rules of procedure and conduct of business of assembly, and (c) the legislative precedents
She/he can adjourn the proceedings of the House or suspends the meeting in absence of a quorum
Although Speaker does not vote in the first instance but she/he exercises a casting vote in case of a tie
Speaker decides whether a bill is a money bill or not and his decision on this question is final.
Speaker decides the disqualification of members on the ground of defection
Speaker appoints the chairman of all the parliamentary committees of the assembly and supervises their functioning.
Speaker is the chairman of Business Advisory Committee, rules Committee and general purpose committee.
Speaker maintain the decorum and proper functioning of the house
Independence and impartiality of Speaker-
Speaker is provided with a security of tenure.
Work and conduct of the speaker cannot be discussed and criticized in the assembly except on a substantive motion
Salaries and allowances are charged on the Consolidated Fund of state and are fixed by state legislature
Speaker can only be removed from his office on the grounds and procedure mentioned in our constitution
Act done by speaker to perform her/his duty is out of the preview of the judiciary
Deputy speaker-
Constitution provides for the office of deputy speaker along with speaker
Deputy speaker is not subordinate to the speaker and she/he is directly responsible to the house
When the Speaker is presiding over the House, the Deputy Speaker is like any other ordinary member of the House
Election of Deputy speaker-
Date of election of Deputy Speaker is decided by speaker, which means that she/he is elected after the election of the speaker
He is also elected by the State assembly itself from amongst its members
Term of office of deputy speaker-
Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly
Salary and allowances-
The salary and allowance of Deputy Speaker is fixed by the state legislature and is charged on the Consolidated Fund of state.
Removal of deputy speaker-
The Deputy Speaker is removed by a resolution passed by a majority of all the then members of the assembly (Absolute majority) and Such a resolution can be moved only after giving 14 days’ advance notice.
When a resolution for the removal of the Deputy Speaker is under consideration of the House, he cannot preside at the sitting of the House, though he may be present.
Powers and functions-
He act as speaker in the absence or vacancy of speaker
Similar to function of speaker when Deputy Speaker presiding over the House as Speaker, he can only exercise a casting vote in the case of a tie and cannot vote in the first instance
Chairman and deputy chairman of council-
Chairman-
The Chairman is elected by the council itself from amongst its members
Powers and Functions-
The business of legislative council is conducted by the Chairman. He presides over the meetings and maintains discipline and order in the House.
As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.
The Speaker has one special power which is not enjoyed by the Chairman. The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final.
Salary and allowances-
The salary and allowance of chairman is fixed by the state legislature and is charged on the Consolidated Fund of state.
Deputy chairman-
The Deputy Chairman is also elected by the council itself from amongst its members.
Vacancy and removal of Deputy Chairman-
The office deputy chairman can become vacant in following cases-
if he ceases to be a member of the council
if he resigns by writing to the Chairman of the council
if he is removed by a resolution in council
Removal –
Removal is done through passing a resolution by giving 14 days advance notice to the deputy chairman
This resolution should be passed by Absolute majority in the council i.e. majority of all the then members of the council
Powers and functions-
The Deputy Chairman performs the duties of the Chairman’s office when it is vacant or absent. In both the cases, he has all the powers of the Chairman.
The Chairman nominates from amongst the members a panel of vice-chairman. Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.
He has the same powers as the chairman when so presiding. He holds office until a new panel of vice-chairman is nominated.
The salary and allowance-
The salary and allowance of deputy chairman is fixed by the state legislature and is charged on the Consolidated Fund of state
Sessions of state legislature-
Summoning-
It involves calling all members of the state legislature to meet
It is mentioned under Article 174 of the constitution
Who summons each House of the state legislature from time to time?
The Governor summons but the maximum gap between two sessions of state legislature cannot be more than six months
Adjournment-
It refers to the suspension of the working of the house of specific period like hour, days etc.
Adjournment sine die: Refers to the suspension of the house for indefinite time
The power of adjournment and adjournment sine die lies with the Speaker (in assembly) and Chairman (in council)
It only terminates a sitting and not a session of the House and does not affect the bills etc. pending in the house
Prorogation-
It refers to the termination of a sitting as well as the session of the House
It is done by Governor of state
It also does not affect the bills or any other business pending before the House but all pending notices (other than those for introducing bills) lapse on prorogation
Note- It can be done be done by governor through a notification during the session or can be done once after Presiding officer have declared Adjournment sine die
Dissolution-
It refers to ending the very life of the existing House, and a new House is constituted after general elections are held.
Only the assembly is subject to dissolution not council because council is a permanent body
It can take place due to two reasons-
On the expiry of tenure of 5 years of existing government or house, known as automatic dissolution
Before 5 years by the order of President on certain grounds
Consequences of Dissolution-
Due to Dissolution there is lapse of all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees
However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse
Position of Different bills due to dissolution-
Bill pending in the assembly lapses (whether originating in the assembly or transmitted to it by the council)
A Bill passed by the assembly but pending in the council lapses.
A Bill pending in the council but not passed by the assembly does not lapse.
A Bill passed by the assembly (in a unicameral state) or passed by both the houses (in a bicameral state) but pending assent of the Governor or the President does not lapse
A Bill passed by the assembly (in a unicameral state) or passed by both the Houses (in a bicameral state) but returned by the President for reconsideration of House (s) does not lapse
Quorum of the house-
It refers to the minimum number of the members required to be present for conducting a meeting of the house.
It is one- tenth of the total number of members in each House including the presiding office
Legislative Procedure in state legislature-
Ordinary Bills-
It can be introduced either by minister or any other member
It can be introduced in either House of the state legislature
Every ordinary bill has to pass through the following stages-
1. 1st stage or reading-
It includes introduction of the bill and publication in gazette of state
2.2nd reading or stage-
In this stage there is general and detailed scrutiny of the bill and have following steps-
It may take the bill into consideration immediately or on some other fixed date.
It may refer the bill to a select committee of the House.
It may refer the bill to a joint committee of the two Houses
It may circulate the bill to elicit public opinion.
If bill is referred to Committee stage then-
The committee examines the bill thoroughly and in detail, clause by clause.
It can also amend its provisions, but without altering the principles underlying it.
After this bills are taken into consideration and each clause is discussed and voted upon separately
3.3rd stage or reading-
The third stage is confined to the discussion on the motion that the Bill be passed and the Bill is passed/rejected either by voting or voice vote
Bill in the Second House-
In 2nd house bill also goes through similar three stages discussed above
The legislative council can reject the bill or proposes amendments and return back to assembly or keep the bill for three months without taking any action
The legislative assembly can override the legislative council by passing the bill for the second time and not vice versa.
When a bill is passed by the assembly for the second time and transmitted to the legislative council, if the legislative council rejects the bill again, or porposes amendments that are not acceptable to the legislative assembly, or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the legislative assembly for the second time
When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the assembly, the bill ends and becomes dead
These provisions has a two meanings-
1. Assembly has more power in term of passing of ordinary bill as comparison to council
2. There is no provision of Joint sitting in state legislature in case of a deadlock
Assent of the Governor-
after it is passed by the assembly or by both the Houses in case of a bicameral legislature, is presented to the governor for his assent four alternatives
1. He may give his assent to the bill;
2. He may withhold his assent to the bill;
3. He may return the bill for reconsideration of the House or Houses; and
4. He may reserve the bill for the consideration of the President. If the governor gives his assent to the bill, the bill becomes an Act and is placed on the Statute Book.
If the governor withholds his assent to the bill, the bill ends and does not become an Act.
If the governor returns the bill for reconsideration and if the bill is passed by the House or both the Houses again, with or without amendments, and presented to the governor for his assent, the governor must give his assent to the bill.
The governor enjoys only a suspensive veto
Assent of the President-
When a bill is reserved by the governor for the consideration of the President, the President may
Either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the House or Houses of the state legislature.
When a bill is so returned, the House or Houses have to reconsider it within a period of six months.
The bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.
It is not mentioned in the Constitution whether it is obligatory on the part of the president to give his assent to such a bill or not
Money bill-
Provision related to money bill of state is specifically mentioned under Article 199 of our constitution
Definition of Money Bills
(1) For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State;
(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the Consolidated Fund of the State;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the State, or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or
(g) any matter incidental to any of the matters specified in sub clauses (a) to (f)
2nd clause of this Article discuss about that there are some matters which cannot be considered as money bills and these are as follows-
Imposition of fines or other pecuniary penalties
The demand or payment of fees for licences
Fees for services rendered, or
By reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes
Who decides that a bill is money bill or not?
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the Legislative Assembly is final
Such decision cannot be questioned in any court of law or in either the House of state
Features and procedures related to money bill-
Money bills can only be introduced in the assembly on the recommendation of the governor
Money bill is considered to be a government bill and so it can be introduced only by a minister
The legislative council has restricted powers with regard to a Money Bill. It cannot reject or amend a Money Bill.
It can only make recommendations and must return the bill to the legislative assembly within 14 days
What if council fails to return the bill to the assembly within 14 day ?
If the council fails to return the bill to the assembly within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the assembly
Money bill before Governor-
When a Money Bill is presented to the governor, he may give his assent, withhold his assent or reserve the bill for presidential assent but cannot return the bill for reconsideration of the state legislature.
Normally, the governor gives his assent to a money bill as it is introduced in the state legislature with his prior permission, same as like assent of president.
Note - Privileges of members of assembly and council is similar to that of members of parliament