Bihar Legislature | BPSC Preparation: All subjects - BPSC (Bihar) PDF Download

Administrative Setup of Bihar

• The Government of Bihar, commonly referred to as the State Government, is led by the Chief Minister and their Cabinet, who hold the highest authority in the state. 
• The State Legislature plays a crucial role in the political framework of Bihar. The Chief Secretary is in charge of the state’s bureaucracy.
• Bihar's administration is built on three core pillars: the Legislature, Executive, and Judiciary.

Bihar Legislature

• Bihar operates under a bicameral system, meaning it has two houses: the Bihar Legislative Council (Vidhan Parishad) and the Bihar Legislative Assembly (Vidhan Sabha). The functioning of both houses is governed by Articles 152 to 237 of the Indian Constitution. The main function of the legislature is to create bills, which become law only with the approval of the Governor or the President of India.
• The State List in Schedule 7 of the Constitution includes 61 items on which the State Legislature can make laws. The legislature also approves the annual budget and financial bills. Articles 168 to 212 of the Constitution outline the rules regarding the formation, membership, election, functions, dissolution, and powers of the legislatures.

Legislative Council

The Vidhan Parishad, or Legislative Council, is established under Article 169 of the Constitution. Its members are elected indirectly through a system of single transferable vote and proportional representation.

• Of the total members, five-sixths are elected, and one-sixth are nominated by the Governor.
• One-third of the members retire every two years.
• The Legislative Council is a permanent body and not subject to dissolution.
• It is the upper house of the legislature, with the Chairman and Deputy Chairman serving as its presiding officers.
• The Bihar Legislative Council was established in 1911 when Bihar became a separate province from Bengal, and it began its sessions on January 20, 1913.

Bihar Legislative Council

• The Bihar Legislative Council, the state's upper house, started with 43 members on January 20, 1920. It became an upper house in 1936 when Bihar gained statehood and separated from Odisha under the Government of India Act 1919, leading to the formation of a bicameral legislature.
• Initially, the Council had 29 members, with the rest becoming members of the Legislative Assembly. Its membership increased to 72 in the first general elections of 1952 and to 96 by 1958. After the creation of Jharkhand in 2000, the Council's membership was reduced to 75. The Bihar Council currently has 27 committees and 3 financial committees.

Composition of Bihar Legislative Council

The members of the Legislative Council are selected by the following procedures:

• One-third of its members are elected by electorates of members consisting of local bodies.
• One-third of its members are elected by the members of State Legislature Assembly.
• One-twelfth of its members are elected amongst the registered graduates of 3 years standing and residing in the state.
• One-twelfth members of the Council are elected by the teachers of secondary school standing for 3 years.
• One-sixth members (remaining members) are appointed by the governors from person having special achievement in literature, art, social work, science, etc.

Qualification of Members of Bihar Legislative Council

Article 173 mentions the qualifications, required to become a member of Legislative Council. The qualifications are:

• should not less than 30 years of age
• should be a citizen of India
• must not hold any other office of profit
• should not be a member of the Legislature of Union or of any other state
• should not be a proclaimed criminal

Legislative Assembly

• The Vidhan Sabha is also known as Legislative Assembly. The Legislative Assembly is directly elected on the basis of adult suffrage elected i.e. general elections. There is a provision of nomination of one member of the Anglo-Indian community in the assembly by Governor according to Article 333 of the Constitution. 
• The duration of the Legislative Assembly is 5 years. However, it can be dissolved sooner than 5 years by the Governor. Legislative Assembly is not a permanent house and is also known as Lower House in those states that have bicameral legislature. All members of the Legislative Assembly carry out their work from State Secretariat. 
• The Bihar Legislative Assembly first came into existence in 1937 after Bihar attaining statehood in 1936 and its separation from Odisha. The strength of the Assembly at that time was 152. In the first general elections held in 1952 in Bihar its strength increased to 331 and was reduced to 318 in 1956. In 1977, the members again increased to 324. 
• After the formation of Jharkhand, there are total 243 members of the Bihar Legislative Assembly. 242 members are directly elected through state elections and one member is nominated by the Governor who should belong to Anglo -Indian community. 38 seats are reserved for Scheduled sastes and 2 seats for Scheduled Tribes. 
• The Chairman is also called the Speaker and Deputy Chairman is known as Deputy Speaker. At present the Bihar Legislative Assembly is located at the state capital, Patna. It has three sessions i.e. Budget, Monsoon and Winter session.

Functions and Powers of Bihar Legislative Assembly

The functions and powers of the Bihar Legislative Assembly include:

• Making laws related to the functioning of the executive branch.
• Preparing the interim budget for the state.
• Introducing money bills, which can only be done in the Legislative Assembly.
• Framing laws related to the State List and Concurrent List.

Qualification of Members of Bihar Legislative Assembly

According to Article 173 of the Constitution, the qualifications for membership in the State Legislative Assembly are:

• The candidate should be at least 25 years old.
• The candidate should possess any other qualifications prescribed by law made by Parliament.

Speaker of Legislative Assembly

• As per Article 178 of the Indian Constitution, each Legislative Assembly has one Speaker and one Deputy Speaker, appointed by the elected members of the Assembly. 
• The Speaker's role is to chair the lower house of the state, and in their absence, the Deputy Speaker oversees the proceedings. The Speaker can be removed through a non-confidence motion. Ram Dayalu Singh was the first Speaker of the Bihar Legislative Assembly, serving from July 23, 1937, to November 11, 1944.

Protem Speaker

• A Protem Speaker is a temporary presiding officer in the State Legislative Assembly who performs the functions of the Speaker until a new Speaker or Deputy Speaker is elected.

Patna Secretariat

• The Patna Secretariat, located in the capital city of Patna, Bihar, is the primary office from where the state government conducts its administrative duties. It plays a crucial role in ensuring proper administration within the state.
• The Patna Secretariat was established in 1912 and initially handled all administrative work for the state. At its inception, it comprised only eight departments, but this number increased to 34 by 1955. The Secretariat building, designed by Joseph Munnings and Martin Burn in 1913, features Indo-Saracenic architecture. It is situated between Raj Bhawan and Patna High Court, with these landmarks flanking its western and eastern sides, respectively.
• Currently, the new Secretariat is located at Bihar Vikas Bhavan in Patna. It houses all important departments of the Bihar State Government, including home, finance, general administration, and cabinet secretariat, among others.