State Legislature- 2 | Indian Polity for UPSC CSE PDF Download

Position of Legislative Council of a State Inferior to That of the Legislative Assembly

The position of the Legislative Council is considered inferior to that of the Legislative Assembly to such an extent that it may be seen as somewhat unnecessary.

Weak Composition:

• The composition of the Legislative Council, which is made up of both elected and nominated members representing various interests, weakens its position.

Dependence on Legislative Assembly:

• The existence of the Legislative Council depends on the will of the Legislative Assembly.
• The Legislative Assembly has the power to pass a resolution to abolish the second Chamber through an Act of Parliament.
• The Council of Ministers is accountable only to the Assembly.

Limitations on Money Bills:

• The Council cannot reject or amend a Money Bill.
• It can only withhold the Bill for up to 14 days or suggest amendments.

Subordinate Role in Ordinary Legislation:

• In terms of ordinary legislation (Bills other than Money Bills), the Council's role is subordinate to that of the Assembly.
• The Council can only delay the passage of a Bill originating in the Assembly by a maximum of four months (in two sessions).
• If there is a disagreement, the Assembly can proceed without the Council's agreement.

Bills Originating in the Council:

• If a Bill originates in the Council, the Assembly has the authority to reject it immediately.

Lack of Revising Power:

• The second Chamber at the state level is not even a revising body like the second Chamber in the Union Parliament.
• In the Union Parliament, the second Chamber can cause a deadlock by its dissent, leading to a joint sitting of both Houses to pass the bill (except for Money Bills).

Positive Aspects of the Council:

• Despite its limitations, the Legislative Council, due to its composition of indirectly elected and nominated members with special knowledge, has a certain level of calibre.
• Its power to delay legislation serves as a check on hasty decision-making by highlighting shortcomings or defects in poorly considered measures.

Privileges of a State Legislature

Powers, Privileges, and Immunities of a State Legislature:

• The powers, privileges, and immunities of a State Legislature closely resemble those of the Union Parliament due to identical provisions in the Constitution.

Bill Pending in State Legislature:

• A Bill pending in either House of the Legislature does not lapse due to prorogation of the House or Houses.
• If a Bill has been passed by both Houses of the Legislature and is awaiting the Governor’s assent, it will not lapse.

Publication of Proceedings:

• The House has the absolute privilege to restrict the publication of its proceedings, either in whole or in part.
• Any part of the House's “proceedings” that has been directed to be expunged does not constitute part of the official “proceedings.”
• Publishing such expunged parts in a newspaper without the House's authority is considered contempt.
• The Legislature's power to punish for contempt and the courts' jurisdiction in this matter remain subjects of active national debate.

Position and functions of the speaker in the State  

Functions and Powers of the Speaker in State Assemblies and Lok Sabha:

• The roles and responsibilities of the Speaker in State Assemblies are similar to those of the Speaker in the Lok Sabha.
• The Speaker is responsible for:
  • Regulating the proceedings of the House.
  • Presiding over its meetings.
  • Maintaining order during its business.
  • Having the final authority to interpret the Rules.
• Any procedural mistakes made by the Speaker or their conduct in managing the House's procedure cannot be challenged in court. This makes the Speaker the ultimate authority in the House's proceedings.
• The salary and allowances of the Lok Sabha Speaker are drawn from the Consolidated Fund of India.
• While the Speaker does not vote initially, they have the right to cast a vote in case of a tie. The Speaker can only be removed by a resolution passed by a special majority in the House.
• The election of the Speaker does not require the consent or approval of the President or Governor, making the Speaker independent of the chief executive.
• These provisions ensure that the Speaker's office remains impartial and independent.
• The Speaker's decision on whether a bill is a Money Bill is final, and this is applicable at both the Union and State levels.
• Speakers have the authority to handle cases of defection, and their decisions on disqualification are conclusive.
• According to the Anti-Defection Act of 1985, the Speaker has the final say in such matters, and the proceedings of the House under this Act are protected from judicial review, similar to other legislative proceedings.

Provisions Regarding Inconsistency Between Laws Made by Parliament and State Legislatures

• Articles 251 and 254 of the Indian Constitution outline the principle that when there is a conflict between a law made by Parliament and a law made by a State legislature, the law made by Parliament shall prevail.
• Article 251 states that a State Legislature can make any law that it is constitutionally empowered to make. However, if any part of that law is in conflict with a law made by Parliament (which Parliament is authorized to enact under Articles 249 or 250), the law made by Parliament—regardless of whether it was enacted before or after the State law—will take precedence.
• In such cases, the State law will be inoperative to the extent of the conflict, as long as the Parliament law remains in force and effect.
• Article 254 further clarifies the relationship between laws made by Parliament and those made by State Legislatures in cases of inconsistency.

Qualifications and disqualifications for membership of the State Legislature 

Qualifications for Filling a Seat in the State Legislature:

• Citizenship: A person must be a citizen of India.
• Age: For a seat in the Legislative Assembly, the individual must be at least twenty-five years old. For a seat in the Legislative Council, the minimum age is thirty years.
• Electorate Requirement: According to the Representation of the People Act, 1951, a person cannot be elected to either the Legislative Assembly or the Council unless they are an elector for any Legislative Assembly constituency in that State.
• Additional Qualifications: Any other qualifications prescribed by law made by Parliament must also be met.

Disqualifications for State Legislature Membership:

• A person is disqualified from being chosen as, and from being, a member of the Legislative Assembly or Legislative Council of a State if they hold any office of profit under the Government of India or the Government of any State, except for the office of a Minister for the Indian Union or for a State, or an office declared by a State law not to disqualify its holder.
• A person is disqualified if they are of unsound mind as declared by a competent court.
• A person is disqualified if they are an undischarged insolvent.
• A person is disqualified if they are not a citizen of India, have voluntarily acquired the citizenship of a foreign State, or are under any acknowledgment of allegiance or adherence to a foreign State.
• A person can be disqualified by law made by Parliament under certain grounds.
• Specific grounds for disqualification include conviction by a court, being found guilty of a corrupt or illegal practice in relation to elections, or being a director or managing agent of a corporation in which the Government has a financial interest, as laid down in the Representation of the People Act, 1951.

Disqualification Questions and Decisions:

• If there is a question about whether a member of a State Legislature has become subject to any of the disqualifications mentioned, the question is referred to the Governor of that State for a decision.
• The Governor acts according to the opinion of the Election Commission.
• The Governor's decision is final and cannot be questioned in any court of law.

Relative Positions of the Two Houses of Parliament and a State Legislature Regarding Money Bills

When it comes to Money Bills, the roles of the two Houses of Parliament and a State Legislature are quite similar.

Money Bills in Parliament and State Legislature:

• A Money Bill cannot be introduced in the Second Chamber or Upper House (such as the Council of States in Parliament or the Legislative Council in a State).
• The Upper House does not have the authority to change or reject Money Bills. Its role is limited to making recommendations on Bills passed by the Lower House (the House of the People in Parliament or the Legislative Assembly in a State).
• The final decision on whether to accept or reject these recommendations rests with the Lower House.

Process of Passing Money Bills:

• If the House of the People or the Legislative Assembly does not accept any recommendations from the Upper House, the Bill is considered passed in the form it was sent by the Lower House.
• It is then presented to the President or the Governor for approval.
• If the Lower House accepts any recommendations from the Upper House, the Bill is deemed passed with those changes.
• If the Upper House does not return the Money Bill within 14 days, it is considered passed by the Legislature and sent to the President or Governor for assent.

No Deadlock in Money Bills:

• There is no possibility of a deadlock between the two Houses regarding Money Bills.
• Whether in Parliament or a State Legislature, the decision of the Lower House prevails if the Upper House disagrees with the Bill.

Relative Positions of the Two Houses of Parliament and a State Legislature Regarding Bills Other Than Money Bills

Introduction of Bills:

• Bills other than Money Bills can be introduced in either the House of Parliament or a State Legislature.

Passing of Bills:

• A Bill is considered passed by Parliament only if both Houses agree to it in its original form or with amendments accepted by both.
• However, the Legislative Council in a State does not have equal power. In case of disagreement between the two Houses, the decision of the Legislative Assembly prevails.

Resolving Disagreements:

• In the case of disagreement between the two Houses of Parliament, the deadlock can only be resolved by a joint sitting called by the President.
• However, in a State Legislature, there is no provision for a joint sitting to resolve deadlocks between the two Houses.

Timeframes for Passing Bills:

• The time allowed for the Council of States to pass a Bill received from the Lower House is six months.
• In contrast, the Legislative Council has only three months to pass such a Bill.

Resolving Deadlocks in Parliament:

• If there is a disagreement and the House of the People passes the Bill a second time, it cannot override the Council of States.
• The only way to resolve the deadlock is through a joint sitting of the two Houses. If the President chooses not to call a joint sitting, the Bill ends, and the Council of States has the power to prevent the Bill's passage, subject to a joint sitting.

Resolving Deadlocks in State Legislature:

• If there is a disagreement and the Legislative Assembly passes the Bill a second time, this is sufficient for the Bill's passage by the State Legislature.
• If the Bill is passed and sent back to the Legislative Council again, the Council can only withhold it for one month from the date of receipt.
• If the Council rejects the Bill again, proposes amendments not accepted by the Assembly, or allows one month to pass without action, the Bill is considered passed by the State Legislature in the form it was passed by the Assembly for the second time, with any agreed amendments from the Council.

Procedure for Bills Originating in the Legislative Council:

• The above procedure applies only to disagreements concerning a Bill that starts in the Legislative Assembly.
• If a Bill originates in the Legislative Council and is sent to the Assembly after being passed in the Council, and the Assembly either rejects the Bill or makes amendments not agreed to by the Council, the Bill ends immediately, and there is no question of its passage by the Assembly.