State Legislature- 1 | Indian Polity for UPSC CSE PDF Download

Bicameral and Unicameral States

State Legislature

• According to Article 168 of the Indian Constitution, the legislature of each State consists of the Governor and the state legislature. In some states, the legislature has two houses—the Legislative Assembly and the Legislative Council. In other states, there is only one house—the Legislative Assembly.
• As of 1992, only five states—Bihar, Maharashtra, Karnataka, Uttar Pradesh, and Jammu and Kashmir—had bicameral legislatures with two houses. However, this situation can change because the Constitution allows for the abolition of the Legislative Council in states where it exists and for the creation of a Legislative Council in states where there is none. This process does not require a constitutional amendment.
• The procedure for making these changes involves a resolution passed by a special majority in the Legislative Assembly of the concerned state, followed by an Act of Parliament. A special majority means that at least two-thirds of the members present and voting in the Assembly must approve the resolution. This is outlined in Article 169 of the Constitution.

Legislative Assembly

The Legislative Assembly, also known as the Vidhan Sabha, is the primary legislative body in a state. It is a directly elected chamber and represents the real center of power in the state government.

• The minimum number of seats in a Legislative Assembly is 60, and the maximum is 500. However, states like Sikkim and Goa have a fixed number of 40 members each.
• Members are elected through direct elections based on adult suffrage from territorial constituencies. The representation is proportionate to the population of each constituency.
• The Constitution mandates a readjustment of constituencies based on the census results.
• Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) under the Constitution. The Governor can also nominate a member from the Anglo-Indian community if he/she believes the community is underrepresented.

Legislative Council:

• The Legislative Council, or Vidhan Parishad, is the upper house of the state legislature, but not all states have this chamber.

Composition:

• The size of the Council is determined by the size of the Assembly, with a maximum of one-third of the Assembly's strength and a minimum of 40 members. (For example, Jammu and Kashmir has 36 members.)
• Members are elected and nominated, with the election conducted indirectly based on proportional representation using the single transferable vote system.
• Approximately five-sixths of the Council members are elected, and one-sixth are nominated by the Governor.
• Election criteria include:
  • One-third elected by local body members (e.g., municipalities, district boards).
  • One-twelfth elected by residents who are graduates of three years standing.
  • One-twelfth elected by teachers with at least three years of experience teaching secondary classes or above.
  • One-third elected by Legislative Assembly members from among non-members.
  • The remainder nominated by the Governor, who selects individuals with expertise in fields like literature, science, art, cooperative movement, and social service.
• The composition of the Legislative Council is subject to Parliamentary legislation.

Duration:

• The Legislative Assembly typically has a tenure of five years, but it can be dissolved earlier by the President on the Governor's recommendation. During an emergency, its term can be extended by Parliament for one year at a time, but not beyond six months after the emergency ends.
• The Legislative Council is not dissolved but has a tenure of six years, with one-third of its members retiring every two years, making it a permanent body like the Council of States.

Qualifications and Disqualifications:

• According to Article 173, to be eligible for membership in the state legislature, a person must be a citizen of India, at least 25 years old for the Legislative Assembly and 30 years old for the Legislative Council, and meet any additional qualifications set by law.
• The Representation of the People Act, 1951, stipulates that a candidate must be an elector in any Legislative Assembly constituency in the state to be eligible for election to either house.

Disqualifications:

• As per Article 190, a person cannot be a member of both Houses of the state legislature simultaneously. If elected to both, they must vacate one seat.
• A person cannot be a member of the legislature of two or more states simultaneously.
• A member must vacate their seat if disqualified or resigns, and absences without permission for six days can lead to seat vacancy.

Article 191 lists disqualifications for state legislature membership similar to those for Parliament under Article 102. If there is a question of disqualification, it is referred to the Governor, who decides based on the Election Commission's opinion. The Governor's decision is final and not subject to court review.

Officers of State Legislature

Speaker and Deputy Speaker:

• Article 178 of the Constitution mandates that the Legislative Assembly elects two of its members to serve as the Speaker and the Deputy Speaker.
• The Speaker acts as the chief presiding officer of the Assembly, while the Deputy Speaker takes on the Speaker's responsibilities in their absence.
• Both the Speaker and Deputy Speaker must vacate their positions when they cease to be members of the Assembly. They can also resign from their posts (the Speaker resigns to the Deputy Speaker and vice versa) or be removed by a resolution of the Assembly, provided there is prior notice of the intention to remove them.
• When the Assembly is dissolved, the Speaker remains in office until the new Assembly is constituted and a new Speaker is elected, as outlined in Article 179.
• If both the Speaker and Deputy Speaker positions are vacant, the Governor appoints a member of the Assembly to perform their duties, according to Article 180.
• While a resolution for the removal of the Speaker or Deputy Speaker is under consideration, the individual in question cannot preside over the meeting. The Speaker has the right to speak during the proceedings but can only cast a vote in case of a tie on the resolution, as specified in Article 181.

Power and Functions of the Speaker:
The duties, powers, and constitutional status of a Speaker in the Legislative Assembly mirror those of the Speaker in the Lok Sabha. The Speaker is expected to rise above party politics and uphold the dignity, independence, and impartiality of the office. The Speaker's powers and functions include:

• Presiding over House meetings as per established provisions.
• Interpreting Assembly rules and deciding on points of order and procedural questions.
• Expelling members for rule violations.
• Adjourn or suspend the entire House in cases of severe disorder.
• Certifying money bills.
• Deciding on membership cancellations under the anti-defection law, subject to judicial review.

Chairman and Deputy Chairman

Articles 182 to 185 of the Constitution outline the provisions related to the Chairman and Deputy Chairman of the Legislative Council. These provisions are similar to those governing the Speaker and Deputy Speaker of the Legislative Assembly in terms of election, duties, and vacation of office.

Salaries of Presiding Officers:

• According to Article 188 of the Constitution, the salaries of presiding officers of the State Legislature are determined by the Legislature of the State through legislation.

Secretariat:

• Article 187 provides that the House or Houses of State may have separate secretarial staff to assist in their functions.

Conduct of Business:

• Article 188 states that every member of the Legislature must take an oath or affirmation before assuming their seat.
• Decisions in a House are made by a majority of votes from the members present and voting, excluding the Speaker or Chairman, unless otherwise specified in the Constitution. The Speaker or Chairman votes only in case of a tie.
• The quorum for a meeting of a House is ten members or one-tenth of the total members, whichever is greater (as per Article 189).

Functions of the State Legislature:

• Law Making: Enacts laws on subjects listed in the State List and Concurrent List. However, laws on the Concurrent List are invalid if they conflict with central laws on the same subject.
• Financial Control: Exerts control over state finances.
• Constitutional Amendments: Ratifies constitutional amendments that impact the federal structure of the country.
• Executive Oversight: Maintains oversight over the executive, particularly by the Legislative Assembly, and has the authority to remove the ministry through a no-confidence motion.
• Presidential and Rajya Sabha Elections: Participates in the election of the President and the election of members to the Rajya Sabha.

Privileges of the State Legislature:

• The privileges of the State Legislature are akin to those of the Union Parliament, as the constitutional provisions in Articles 105 and 19 are identical.

Legislative Procedure

Salient Features:

• The state legislature is required to convene twice a year, with no more than a six-month gap between sessions.
• The Governor addresses the newly formed assembly and the beginning of the year’s session.
• All bills, except for money bills, can originate in either house of the legislature.
• Unlike the Parliament, there is no provision for a joint sitting of the state legislature. This means that while the Vidhan Sabha can override the Vidhan Parishad, the reverse is not possible.
• The Governor, in cases other than money bills, can either give assent to a bill, send it back for reconsideration, or reserve it for the President’s assent.

Procedure

Money Bill:

• A Money Bill can only be introduced in the Legislative Assembly.
• The Legislative Council can only make recommendations or withhold the Bill for 14 days. The Assembly's decision is final, preventing any deadlock between the two Houses regarding Money Bills.

Bills Other than Money Bills:

• If the Legislative Assembly passes a Bill and sends it to the Legislative Council, the Council can:
  • Reject the Bill
  • Pass it with amendments not acceptable to the Assembly
  • Fail to pass it within three months
• The Assembly can then pass the Bill again, with or without amendments, and send it back to the Council.
• The Council can only delay the Bill’s passage for up to three months. If the Bill comes back to the Council a second time, the Council must pass it within one month.

Resolving Deadlock:

• The main difference between the State Legislature and Parliament is how deadlocks are resolved. In Parliament, a joint sitting resolves disagreements between the two Houses. However, in the State Legislature, the Legislative Assembly's decision prevails.
• If the Legislative Council rejects a Bill, proposes amendments, or does not pass it within a month, the Bill is considered passed by both Houses and is sent to the Governor for assent.

Governor's Assent:

• After a Bill is passed by both Houses, the Governor can:
• Give assent: Making it law immediately.
• Withhold assent: Causing the Bill to fail.
• Return the Bill: For reconsideration, applicable only for Bills other than Money Bills.
• Reserve the Bill: For the President's consideration, mandatory when the law affects the High Court's powers.

President's Assent:

• For a Money Bill reserved for the President, he can either give or withhold assent.
• For a Bill other than a Money Bill, the President can direct the Governor to return the Bill for reconsideration. The Legislature must reconsider the Bill within six months. If passed again, it is sent back to the President, who is not obligated to give assent.
• A Bill reserved for the President’s consideration has no legal effect until he assents. The Constitution does not impose a time limit on the President for giving assent or withholding it. He can keep a Bill pending indefinitely.
• The President can also refer a reserved Bill to the Supreme Court for an advisory opinion under Article 143 if there are constitutional doubts about the Bill.

Composition of State Legislature

State Legislature Composition:

The Constitution prescribes a uniform pattern of government for states but allows flexibility in the composition of the legislature. Each state’s legislature consists of the Governor and the State Legislature. However, the structure varies:

Some states have a bicameral legislature, which includes:

• Legislative Assembly
• Legislative Council

Other states have a unicameral legislature, consisting only of a:

• Legislative Assembly

Abolition and Creation of Legislative Councils:
The Constitution allows for the abolition of the second chamber in states where it exists and the creation of such a chamber in states where it does not. The process involves:

• If a State Legislature passes a resolution by an absolute majority, with not less than two-thirds of the members present and voting in favor, Parliament’s concurrence is required for the creation of a second chamber.
• The same procedure applies for the abolition of the Upper House.

States with Two Houses:
Following changes since the Constitution's inception, states with bicameral legislatures include:

• Bihar
• Maharashtra
• Karnataka
• Uttar Pradesh

Additionally, Jammu and Kashmir has a bicameral legislature as per its State Constitution.

Madhya Pradesh Legislative Council:

• According to Section 8(2) of the Constitution (Seventh Amendment) Act, 1956, Madhya Pradesh can have a Legislative Council only after a presidential notification. As no such notification has been issued, Madhya Pradesh currently operates with a unicameral legislature.