State Legislature Flashcards
Which part of the constitution contains details about the state legislature?
Article 168 to 212 in part VI
How many states currently have a bicameral legislature?
Seven
- Andhra Pradesh.
Telangana
Uttar Pradesh
Bihar
Maharashtra
Karnataka
Jammu and Kashmir
The state legislature consist of what
Unicameral system- governor and legislative assembly
Bicameral system - governor, legislative council and the legislative assembly
What is the legislative Council and the legislative assembly?
The legislative council is the upper house ,second chamber or house of elders( Vidhan Parishad)
The legislative assembly is the lower house , first chamber or popular house, ( Vidhan Sabha)
Can the legislative council be abolished?
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 special majority, that is a majority of the total membership of the assembly and majority of not less than two3 of the members of the assembly present and voting.
Strength of the legislative assembly
60 to 500
The governor can nominate one member from the Anglo Indian community. If the community is not adequately represented in the assembly true or false
True
Under than 95th amendment act of 2009 this is to last till 2020
How is the member of the legislative assembly elected?
Directly elected by the people on the basis of universal adult franchise
Strength of the legislative Council
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
How are the members of the legislative council elected?
Indirectly
- 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 of 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.
Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor. The members are elected in accordance with the system of proportional representation by means of a single transferable vote. The bonafides or propriety of the governor’s nomination in any case cannot be challenged in the courts.
Duration of assembly and Council
Legislative assembly- 5 years
Legislative council - continuing chamber.
Age requirement for member of the legislative council and assembly
Legislative council - not less than 30
Legislative assembly - not less than 25
Who decides the question of disqualification under the 10th schedule?
Chairman in the case of the legislative council
Speaker in the case of the legislative assembly
Presiding officers of state legislature
Legislative assembly- Speaker and Deputy Speaker
Legislative council - Chairman and vice-chairman
Who is the chairman of the state business advisory committee, the rules committee and the general purpose committee
The Speaker of the state, legislative assembly
How is the Speaker and Deputy Speaker of the state assembly elected?
They are elected by the assembly itself from among its members
The speaker has one special power which is not enjoyed by the chairman of the legislative Council. What is it?
Speaker decides whether a bill is a money bill or not, and his decision on this question is final
Quorum of both the houses of the state legislature
ten members or one tenth of the total number of members of the house
What happens when there is a deadlock in the legislative assembly?
The legislative assembly can override the legislative Council bypassing the bill for the second time and not vice versa
When a bill is passed by the assembly for the second time and transmitted to the legislative council of the legislative Council, results table and proposes amendments that I am not acceptable to the legislative assembly or 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 legislative assembly for the second time . That is not the case in the Parliament. The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve the deadlock between the two houses.
What happens when a bill originating from the legislative council is rejected by the legislative assembly
When a bill which has originated in the legislative council and sent to the legislative assembly and is rejected by the latter the bill and then becomes deed
How long can the council detain or delayed the bill passed by the legislative assembly
First instance- 3 months
Second instance, one month