State Legislature

Indian Polity

Chapter 33: State Legislature

State Legislature:

Parliament means the Lok Sabha, the Rajya Sabha and the President.
Similarly State Legislature means

The State Legislative Assembly or Lower House
The State Legislative Council or Upper House
The Governor

Majority of the states in India have only assembly and is called unicameral system.

Unicameral System:

The State Legislative Assembly
The Governor

In any state if both the Assembly and the Legislative council are present it is called bicameral system.

Bicameral System:

The State Legislative Assembly
The State Legislative Council
The Governor

As of January 1, 2014 only 6 states are bicameral. They are

Andhra Pradesh
Bihar
Jammu and Kashmir
Karnataka
Maharashtra
Uttar Pradesh

How The State Legislative Council Is Created / Abolished?

Article 169: The Parliament is empowered to establish or abolish a state legislative council.
The state assembly if passes a resolution by a special majority.
If the Parliament by a majority (simple) accepts the same then the legislative council can be established.
Through the same process a legislative council can be abolished.
This is not an amendment of the constitution under Article 368. This is passes like an ordinary legislation.

Assembly:

Strength: (Number Of Members)

The minimum strength of assembly is 60.
The maximum strength of assembly is 500.
The strength of assembly varies from state to state depending on the population.
The strength of Uttar Pradesh assembly is 403. (Highest population)
The strength of Sikkim assembly is 32. (Lowest population).
In case of Nagaland the minimum strength is fixed at 46.
In case of Mizoram the minimum strength is fixed at 40.
In case of Arunachal Pradesh, Goa and Sikkim the minimum strength is fixed at 30.

Election:

All the members in the assembly are directly elected by the people.
The Governor nominates one member from the Anglo-Indian community.

Reservation:

The seats are reserved for scheduled castes and scheduled tribes in the assembly on the basis of population ratio.
Originally the reservation is valid for not more than for 10 years from the date of commencement of the Constitution (January, 26, 2013).
But, the duration has been extended continuously.
Through 109th amendment in the year 2009 the reservation has been extended up to January 25, 2020.
Through the same amendment (109th) the provision for nominating Anglo-Indians is also extended up to January 25, 2020.

Term:

The term of legislative assembly is 5 years.
Even before the completion of the term of 5 years the assembly may be dissolved by the Governor.

Can The Term Of Assembly Is Extended ?

The term of assembly can be extended by 1 year during the period of National emergency.
This period can be extended by any number of times but not more than 1 year at a time.
The extension cannot be continued beyond a period of 6 months after the emergency has ceased to operate.

Qualifications For Legislative Assembly:

He must be a citizen of India.
He must not be less than 25 years of age.
He must possess other qualifications prescribed by the Parliament.
As per the point number 3, the parliament has laid down the additional qualifications.
The additional qualifications are mentioned in the Representation of People’s Act of 1951.

Disqualifications:

The disqualifications are same like that of a member of the Parliament.
If he holds any office of profit under the Union or State government.
Exception: A Minister in the union or state government is not considered as holding an office of profit.
The state legislature can declare that a particular office of profit will not disqualify its holder from its membership.
If he is of unsound mind and stands so declared by a court.
If he is an un discharged insolvent.
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 to a foreign state.
If he is so disqualified under any law made by the Parliament.
The disqualification of a member is decided by the Governor after obtaining the opinion of the Election Commission.
The question of disqualification on the grounds of defection is decided by the speaker. (Discussed in anti-defection law).

Salary:

The salary of the members of legislative assembly is decided by the state legislature.

Resignation:

A member of legislative assembly submits the resignation to the speaker.

Speaker:

Qualifications:

He must be a member of the legislative assembly.

Election:

The speaker is elected from amongst the members of state legislative assembly.
The election of the speaker is conducted by the pro-tem speaker.
Protem speaker is appointed by the Governor. Generally the senior most member of the assembly is appointed as the pro-tem speaker.

Resignation:

Speaker submits the resignation letter to the Deputy Speaker.

Vacancy In The Office Of The Speaker:

If the speaker ceases to be a member of assembly he deemed to be vacated the seat.
If he resigns then there is a vacancy in the office of the speaker.
If the speaker is removed by a resolution passed by a majority of all the then members of the assembly, then there is a vacancy in the office of the speaker.

Removal Procedure Of The Speaker:

The speaker can be removed from the office after giving 14 days advance notice.
During this period the speaker cannot act as the speaker.
Instead the deputy speaker acts as the Speaker.
After 14 days if a resolution is passes by a majority of all the then members of the assembly, the speaker is considered to be removed from the office.

Functions Of The Speaker:

The most important function of the Speaker is to maintain decency and decorum in the assembly.
The Speaker adjourns the assembly or suspends the meeting in the absence of quorum.

Quorum:

This is the minimum strength in the assembly.
Quorum is equal to 1/10th of the total OR
10 members whichever is higher.
In bigger states like UP or AP the minimum strength must be 1/10th of the total and in states like Goa and Sikkim the minimum strength must be 10 members.
The speaker has the casting vote or deciding vote.

What Is Casting Vote?

The speaker does not vote in the first instance.
If there is an equality of votes then only the speaker votes.
.The speaker decides whether a bill is money bill or not and the decision of the speaker is final.
The speaker decides the question of disqualification of the members of assembly on the grounds of defection under the provisions of 10th schedule of the Indian Constitution.
The speaker appoints the chairmen of all the committees of the assembly.
The speaker acts as the chairman of the Business Advisory Committee.

Deputy Speaker:

Qualification:

The deputy speaker must be a member of Assembly.
The deputy speaker is elected from amongst the members.
The election of the speaker is conducted after the election of the speaker.
The deputy speaker election is conducted by the Speaker.

Functions Of The Deputy Speaker:

He acts as the speaker in the absence of the speaker.

Resignation:

The deputy speaker submits the resignation to the speaker.

Vacancy In The Office Of The Deputy Speaker:

If the deputy speaker ceases to be a member of assembly he deemed to be vacated the seat.
If the deputy speaker resigns then there is a vacancy in the office of the deputy speaker.
If the deputy speaker is removed by a resolution passed by a majority of all the then members of the assembly, then there is a vacancy in the office of the deputy speaker.

Removal Procedure Of The Deputy Speaker:

In the same manner like that of the Speaker.
The deputy speaker can be removed from the office after giving 14 days advance notice.
During this period the deputy speaker cannot act as the speaker.
After 14 days if a resolution is passes by a majority of all the then members of the assembly, the deputy speaker is considered to be removed from the office.

Legislative Council:
Strength: (Number Of Members)

The minimum strength is 40.
The maximum strength is 1/3rd of the total strength of the assembly.
In between the maximum and minimum the strength is fixed by the parliament.

Election:

The members of legislative council are elected indirectly.

Nomination:

1/6th of the total strength are nominated by the Governor.

Election Procedure:

The members are elected in accordance with system of proportional representation by means of a single transferable vote.
1/3rd are elected by the members of local bodies like municipalities, district boards etc.
1/3rd are elected by the MLA’s (Members of Legislative Assemblies).
1/12th are elected by graduates.
1/12th are elected by teachers.
1/6th are nominated by the governor.

Term Of Legislative Council:

It is a permanent house and subjected to dissolution.
It may be abolished.
1/3rd members retire at the end of every second year.
The term of a member of legislative council is 6 years.
The retiring members are eligible for reelection.

Qualifications For Legislative Council:

He must be a citizen of India.
He must not be less than 30 years of age.
He must possess other qualifications prescribed by the Parliament.

Additional Qualifications As Per Representations Of People’s Act:

A person to be elected to the legislative council must be an elector from an assembly constituency in the concerned state.
He must be a resident in the concerned state.

Disqualifications:

Same as that of Assembly member.
If he holds any office of profit under the Union or State government.
Exception: A Minister in the union or state government is not considered as holding an office of profit.
If he is of unsound mind and stands so declared by a court.
If he is an un discharged insolvent.
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 to a foreign state.
If he is so disqualified under any law made by the Parliament.
The disqualification of a member is decided by the Governor after obtaining the opinion of the Election Commission.
The question of disqualification on the grounds of defections is decided by the Chairman. (Discussed in anti-defection law).

Salary:

The salary MLCs is decided by the state legislature.

Resignation:

An MLC submits the resignation to the Chairman of the legislative council.

Chairman Of Legislative Council:

The chairman of the legislative council must be a member of the legislative council.
The chairman is elected from amongst the members.
This is unlike Rajya Sabha, where the Chairman is not a member of the Rajya Sabha.

Resignation:

The Chairman submits the resignation to the deputy chairman.

Vacancy In The Office Of The Chairman:

If he ceases to be a member of legislative council.
If the chairman resigns.
If the chairman is removed by a resolution passed by a majority of all the then members of the council.

Removal:

For removing the chairman 14 days advance notice is given.
If the resolution is passed by the then members of the council the chairman is considered to be removed.

Functions Of The Chairman:

The functions of the chairman of the legislative council are similar to that of the speaker of assembly.

Salary:

The salary and allowances of the chairman of the legislative council are decided by the state legislature.

Deputy Chairman Of The Legislative Council:

The deputy chairman must be a member of the legislative council.
The deputy chairman is elected from amongst the members of the council.

Resignation:

The deputy chairman submits the resignation to the chairman.

Vacancy:

If he ceases to be a member of legislative council.
If the deputy chairman resigns.
If the deputy chairman is removed by a resolution passed by a majority of all the then members of the council.

Removal:

Same procedure like that of Chairman.
For removing the deputy chairman 14 days advance notice is given.
If the resolution is passed by the then members of the council the deputy chairman is considered to be removed.

Functions Of The Deputy Chairman:

The deputy chairman acts as the chairman in the absence of the Chairman.

How The Bills Are Passed In The State Legislature?

The bills at the state level are divided into 2 categories.

Ordinary bills
Money bills

In case of unicameral legislature all the bills are introduced in the assembly, if it is passes the bill will be forwarded to the Governor for his assent.

Ordinary Bill:

An ordinary bill can be introduced in either of the houses of the state legislature.
If a bill that is introduced in the assembly is not passed, then the bill is considered to be rejected and the bill does not go to the legislative council.
When a bill is passed by the assembly and forwarded to the council then
The council may pass the bill as sent by the assembly
The council may reject the bill.
The council may pass the bill with amendments (changes) and return the bill to the assembly for reconsideration.
The council may not take any action and keeps the bill pending.
If the council passes the bill without amendments the bill is deemed to be passed by both the houses and is sent to the Governor for his assent.
If the council passes the bill with amendments and the assembly accepts the same then also the bill is considered to be passes and forwarded to the Governor for his assent.
If the assembly rejects the amendments as suggested by the council or the council rejects the bill all together OR
If the council does not take any action for a period of three months then the assembly may pass the bill again and forward the same to the council.
If the council rejects the bill again OR
Passes the bill with amendments that are not acceptable to the assembly OR
If the council 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 assembly for the second time.

Where Is The Ultimate Authority Lies?

The ultimate power to pass a bill lies with the assembly.
In case of dead lock there is no provision of the joint sitting like in Parliament.

What is dead lock?

This is a situation where a bill is passed by one house and rejected by the other.
On the other hand the bill that is originated in the legislative council is passed and sent to the assembly, if rejected by the assembly the bill is considered to be rejected and the bill becomes dead.

Role Of Governor:

The Governor may give assent to the bill and the bill becomes an act.
The Governor may withhold the bill the assent to the bill. Then the bill does not become an act.
The Governor may return the bill for the reconsideration. In this case if the bill is passes by the legislature and sent to the governor for assent the governor must give the assent.
The Governor may reserve the bill for the consideration of the President. The President may either give the assent or withhold the assent to the bill or return the bill for reconsideration
The state legislature must consider the bill within six months.
The bill is presented again to the presidential assent after it is passed by the legislature with or without amendments.
Constitution is silent on the action of the President after reconsideration by the state legislature.

Money Bills:

A money bill can be introduced only in the assembly only on the recommendation of the governor.
All money bills are Public or governmental bills.
The money bills are introduced only by the ministers and not by other members.
A money bill cannot be introduced in the legislative council.
After a money bill is passed by the assembly, the same is forwarded to the legislative council.
The legislative council cannot reject the money bills.
The legislative council cannot amend the money bill.
The legislative council can suggest recommendations.
The legislative council must return the money bill to the assembly within 14 days.
The assembly can accept or reject the suggestions given by the legislative council.
If the legislative council does not return the money bill within 14 days then the bills is deemed to have been passed by both the houses.
The money bill then submitted to the Governor for his assent.

Role Of Governor In Money Bill:

The governor may give assent to the money bill.
The governor may withhold the assent to the money bill.
The governor may reserve the money bill for the consideration of the President.
The governor cannot return the money bill for the reconsideration of the state legislature.
When the money bill is reserved for the consideration of the President the President may give assent or withhold the bill.
The President cannot return the money bill for reconsideration of the state legislature.

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