Laxmikanth: Summary of State Legislature Notes | EduRev

Famous Books for UPSC Exam (Summary & Tests)

UPSC : Laxmikanth: Summary of State Legislature Notes | EduRev

The document Laxmikanth: Summary of State Legislature Notes | EduRev is a part of the UPSC Course Famous Books for UPSC Exam (Summary & Tests).
All you need of UPSC at this link: UPSC

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. Though these are similar to that of Parliament, there are some differences as well.

ORGANISATION OF STATE LEGISLATURE

  • There is no uniformity in the organisation of state legislatures. Most of the states have an unicameral system, while others have a bicameral system. At present (2016), only seven states have two Houses (bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir. 
  • The twenty-two states have unicameral system. The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders), while the legislative assembly (Vidhan Sab ha) is the lower house (first chamber or popular house). 
  • The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Such a specific resolution must be passed by the state assembly by a special majority, 
  • “The idea of having a second chamber in the states was criticised in the Constituent Assembly on the ground that it was not representative of the people, that it delayed legislative process and that it was an expensive institution.” The legislative council of Tamil Nadu had been abolished in 1986 and that of Punjab and West Bengal in 1969.

COMPOSITION OF TWO HOUSES
Composition of Assembly - Strength: Its maximum strength is fixed at 500 and minimum strength at 60. It means that its strength varies from 60 to 500 depending on the population size of the state.

Nominated Member:- The governor can nominate one member from the Anglo-Indian community.

Reservation of seats for SCs and STs:- The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.

Composition of Council
Strength: The 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.

Manner of Election: Of the total number of members of a legislative council: 

  • 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 oi 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, and 
  • The remainder 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 OF TWO HOUSES
Duration of Assembly: Its normal term is five years from the date of its first meeting after the general elections.

Duration of Council: Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. So, a member continues as such for six years.

MEMBERSHIP OF STATE LEGISLATURE
1. Qualifications
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation before the person authorised by the Election Commission for this purpose.
(c) He must be not less than 30 years of age in the case of the legislative council and not less than 25 years of age in the case of the legislative assembly.
(d) He must posses other qualifications prescribed by Parliament

Disqualifications 

  • if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by state legislature), 
  • if he is of unsound mind and stands so declared by a court, 
  • if he is an undischarged insolvent, 
  • if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state 
  • if he is so disqualified under any law made by Parliament.

PRESIDING OFFICERS OF STATE LEGISLATURE
Each House of state legislature has its own presiding officer. There is a Speaker and a Deputy Speaker for the legislative assembly and Chairman and a Deputy Chairman for the legislative council. A panel of chairmen for the assembly and a panel of vice-chairmen for the council is also appointed.

Speaker of Assembly 
He vacates his office earlier in any of the following three cases: 

  • If he ceases to be a member of the assembly; 
  • If he resigns by writing to the deputy speaker; and 
  • 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 advance notice.

The Speaker has the following powers and duties: 

  • He maintains order and decorum in the assembly for conducting its business and regulating its proceedings. 
  • He is the 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, within the assembly. 
  • He adjourns the assembly or suspends the meeting in the absence of a quorum. 
  • He decides whether a bill is a Money Bill or not and his decision on this question is final.
  • He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule. 6. He appoints the chairmen of all the committees of the assembly and supervises their functioning.

Deputy Speaker of Assembly 
Like the Speaker, the Deputy Speaker remains in office usually during the life of the assembly. However, he also vacates his office earlier in any of the following three cases: 

  • If he ceases to be a member of the assembly; 
  • If he resigns by writing to the speaker; and 
  • 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' advance notice.
    (i) The Deputy Speaker performs the duties of the Speaker's office when it is vacant. He also acts as the Speaker when the latter is absent from the sitting of assembly. In both the cases, he has all the powers of the Speaker.

Chairman of Council 
The Chairman is elected by the council itself from amongst its members. The Chairman vacates his office in any of the following three cases: 

  • If he ceases to be a member of the council; 
  • If he resigns by writing to the deputy chairman; and 
  • If he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.
    (i) As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly.

Deputy Chairman of Council
Like the Chairman, the Deputy Chairman is also elected by the council itself from amongst its members.

The deputy chairman vacates his office in any of the following three cases: 

  • If he ceases to be a member of the council; 
  • If he resigns by writing to the Chairman; and 
  • If he is removed by a resolution passed by a majority of all the then members of the council. Such a resolution can be moved only after giving 14 days advance notice.
    (i) The Deputy Chairman performs the duties of the Chairman's office when it is vacant. He also acts as the Chairman when the latter is absent from the sitting of the council. In both the cases, he has all the powers of the Chairman.
    (ii) The Chairman nominates from amongst the members a panel of vice chairmen. Any one of them can preside over the council in the absence of the Chairman or the Deputy Chairman.

SESSIONS OF STATE LEGISLATURE

  • Summoning: The governor from time to time summons each House of state legislature to meet. The maximum gap between the two sessions of state legislature cannot be more than six months, ie, the state legislature should meet at least twice a year. 
  • Adjournment: An adjournment suspends the work in a sitting for a specified time which may be hours, days or weeks. Adjournment sine die means terminating a sitting of the state legislature for an indefinte period. The power of the adjournment as well as adjournment sine die lies with the presiding officer of the House.
  • Prorogation: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of the session is completed. Within the next few days, the governor issues a notification for prorogation of the session.
  • Dissolution: The legislative council, being a permanent house, is not subject to dissolution. Only the legislative assembly is subject to dissolution. Unlike a prorogation, a dissolution ends the very life of the existing House, and a new House is constituted after the general elections are held. The position with respect to lapsing of bills on the dissolution of the assembly is mentioned below:
    1. A Bill pending in the assembly lapses (whether originating in the assembly or transmitted to it by the council).
    2. A Bill passed by the assembly but pending in the council lapses.
    3. A Bill pending in the council but not passed by the assembly does not lapse.
    4. 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.
    5. 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: Quorum is the minimum number of members required to be present in the Voting in House all matters at any sitting of either House are decided by a majority of votes of the members present and voting excluding the presiding officer.

LEGISLATIVE PROCEDURE IN STATE LEGISLATURE
Ordinary Bills
Bill in the Originating House An ordinary bill can originate in either House of the state legislature (in case of a bicameral legislature). Such a bill can be introduced either by a minister or by any other member. The bill passes through three stages in the originating House, viz,
1. First reading,
2. Second reading, and
3. Third reading.
After the bill is passed by the originating House, it is transmitted to the second House for consideration and passage.

Bill in the Second House: In the second House also, the bill passes through all the three stages, that is, first reading, second reading and third reading. When a bill is passed by the legislative assembly and transmitted to the legislative council, the latter has four alternatives before it: 

  • It may pass the bill as sent by the assembly (i.e., without amendments); 
  • It may pass the bill with amendments and return it to the assembly for reconsideration; 
  • It may reject the bill altogether; and 
  • It may not take any action and thus keep the bill pending.

Assent of the Governor: Every bill, 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. There are four alternatives before the governor: 

  • He may give his assent to the bill; 
  • He may withhold his assent to the bill; 
  • He may return the bill for reconsideration of the House or Houses; and 
  • 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. 

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.

Money Bills:

  • The Constitution lays down a special procedure for the passing of Money Bills in the state legislature. This is as follows: 
  • A Money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only and that too on the recommendation of the governor. Every such bill is considered to be a government bill and can be introduced only by a minister. 
  • After a Money Bill is passed by the legislative assembly, it is transmitted to the legislative council for its consideration. 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. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.

POSITION OF LEGISLATIVE COUNCIL
The constitutional position of the council (as compared with the assembly) can be studied from two angles:
(a) Spheres where council is equal to assembly.
(b) Spheres where council is unequal to assembly.

Equal with Assembly 
In the following matters, the powers and status of the council are broadly equal to that of the assembly: 

  • Introduction and passage of ordinary bills. However, in case of disagreement between the two Houses, 
  • Approval of ordinances issued by the governor. 
  • Selection of ministers including the chief minister. Under the Constitution the, ministers including the chief minister can be members of either House of the state legislature. 
  • Consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India.

Unequal with Assembly:- In the following matters, the powers and status of the council are unequal to that of the assembly: 

  • A Money Bill can be introduced only in the assembly and not in the council. 
  • The council cannot amend or reject a money bill. It should return the bill to the assembly within 14 days, either with recommendations or without recommendations. 
  • The assembly can either accept or reject all or any of the recommendation of the council. 
  • The final power to decide whether a particular bill is a money bill or not is vested in the Speaker of the assembly. 
  • The final power of passing an ordinary bill also lies with the assembly. 
  • The council can only discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly). 
  • The council cannot remove the council of ministers by passing a no confidence motion. 
  • When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends and becomes dead.
    Laxmikanth: Summary of State Legislature Notes | EduRev
    Laxmikanth: Summary of State Legislature Notes | EduRev
    Laxmikanth: Summary of State Legislature Notes | EduRev
Offer running on EduRev: Apply code STAYHOME200 to get INR 200 off on our premium plan EduRev Infinity!

Related Searches

study material

,

Laxmikanth: Summary of State Legislature Notes | EduRev

,

past year papers

,

Semester Notes

,

MCQs

,

ppt

,

shortcuts and tricks

,

practice quizzes

,

Free

,

Laxmikanth: Summary of State Legislature Notes | EduRev

,

Exam

,

Sample Paper

,

Previous Year Questions with Solutions

,

Laxmikanth: Summary of State Legislature Notes | EduRev

,

Important questions

,

pdf

,

Summary

,

Viva Questions

,

mock tests for examination

,

video lectures

,

Extra Questions

,

Objective type Questions

;