State Legislature Flashcards
State legislature
Comparison with parliament:
Parliament has two houses, hence called bicameral. (The upper house or Rajya Sabha and lower house or Lok Sabha)
State legislature can be bicameral (Legislative assembly/vidhan sabha, first chamber, popular house or Legislative Council/Vidhan Parishad, second chamber, house of elders) or unicameral (Legislative assembly only, no legislative councils)
Article 168-212 in the part 6 of constitution deals with the organisation, composition, duration, officers, procedures, privileges and powers of the state legislature. Similar to that of the Parliament.
The differences are:
No uniformity in the organisation of state legislature
Most of the states have a unicameral system, while others have bicameral system
At present there are 6 states that have two houses (Andhra, Maharashtra, Karnataka, Telangana, Bihar and UP)
Recently, the Jammu and Kashmir Legislative Council has been abolished through the J&K reorganisation bill of 2019 reducing the state of J&K to the union territories of J&K and Ladakh.
The Tamil Nadu legislative council act of 2010 has not come into force.
The legislative council in Andhra Pradesh was revived by the Andhra Pradesh Legislative Council act of 2005
The 7th amendment Act of 1956 provided for the legislative council in MP but a notification to this affect has been made by the president and so far no such notification has been made.
22 States have unicameral system
The constitution provides for abolish and creation of Legislative Council in States
The Parliament can abolish legislative Council where it exists or create it where it does not
If the Legislative assembly of the concerned state passes resolution to that effect, such specific resolution must be passed by the state assembly by special majority (i.e. majority of total membership of assembly and a majority of not less than ⅔ of the members of assembly present and voting in one line)
An act of the Parliament is not deemed as an amendment of the constitution for the purposes of Article 368 and it is passed like an ordinary piece of legislation.
Criticism of state legislature:
The idea of having a second chamber in state was criticized in constituent assembly.
It is not representative of the people, it delays the legislative process and it is an expensive institution.
Consequently, the provision was made for the abolition or creation of a Legislative Council to enable a state to have a second chamber or not, according to its willingness, financial strength, etc.
For example, Andhra Pradesh got legislative council in 1957 which got abolished in 1985 but then it was again revived in 2007 after the enactment of the Andhra Pradesh Legislative Council act of 2005.
And the Tamil Nadu Legislative Council was abolished in 1986, and those of Punjab and West Bengal where abolished in 1969.
The Parliament can create or abolish second chamber. It is the Legislative assembly. If state makes resolution by special majority, it is not considered as an amendment in constitution. So the Parliament can pass law by simple majority.
Composition and duration of assembly
Strength: the Legislative assembly has 60-500 strength, however due to the delimitation act, the census of 2001 has been considered to all the ring the number of constituencies in States.
Strength of Legislative Council: 40 to ⅓ of Legislative assembly. The constitution has fixed the maximum and minimum limits but actual strength is fixed by the parliament.
Members: ⅓ members are elected by Legislative assembly members, ⅓ elected from local bodies, 1/12th elected by graduates of 3 years standing and deciding in state, 1/12th are elected by teachers of 3 years and standing & not lower in standard than secondary School. ⅙ nominated member by governor.
Duration of assembly: 5 years from the first session. But the governor can dissolve with anytime. During emergency its term can be extended by 1 year, but not beyond 6 months after the removal of the emergency.
Composition and duration of Council
Vidhan Parishad
Strength no more than ⅓ of Legislative assembly
Not even less than 40
Manner of election:
⅓ shall be elected by electorates consisting of members from municipalities, district boards and other local authorities in state
Duration of Council:
Not subjected to dissolution
It is a permanent body
But ⅓ members retire every 2 years
Term of members 6 years
Presiding officer
Each house of state legislative has its own presiding officer
There is a speaker and a deputy speaker for the Legislative assembly
Chairman and deputy chairman for the Legislative Council
And a panel of chairmen for the assembly
A panel of vice chairman for the Council is also appointed
Speaker of assembly
Maintains order and decorum
Conducting its business primary responsibility and he has final power in this regard
Adjourns the assembly or suspends the meeting in the absence of quorum
Does not vote in the first instance
But he can exercise a casting vote in case of a tie
Allows a secret sitting of house at the request of the leader of the house
Money bill or not and his decision on this question is final
Decides questions on the disqualification of a member
Appoints the chairman of the business advisory committee, rules committee and general purpose committee
Deputy speaker of assembly
Like speaker, the deputy speaker is also elected by the assembly itself from among its members
Electric Council election of speaker has taken place
Like the speaker the deputy speaker remains in office usually during life of assembly
Perform the duties of speakers office when it is vacant
He also acts as a speaker when the latter is absent from the sitting of assembly
In both the cases he has all the powers of the speaker
In the panel of chairmen, any one of them can preside over the assembly in the absence of the speaker or deputy speaker
He has the same powers as the speaker when so presiding
Chairman of council
Elected by the Council itself from amongst its members
As a presiding officer the powers and functions of the chairman in Council are similar to those of speaker in the assembly
Speaker has one special power which is not enjoyed by the chairman, the speaker decides whether a bill is a money bill or not and his decision on this question is final
In case of speaker, the salaries and allowances of the chairman are also fixed by the state Legislature
They are charged on the consolidated fund of States
Deputy chairman of council
Like the chairman, the deputy chairman is also elected by the Council from among its members
The deputy chairman performs duties of chairman’s office when it is vacant
He also act as a chairman when the latter is absent from the sitting of the Council
In both the cases, he has all the powers of the chairman
The chairman nominate from among the members are panel of vice chairman
Any one of them can preside over The council in the absence of the chairman or deputy chairman
He has a same powers as the chairman when so presiding
Sessions of state Legislature
Summoning by governor
Adjournment (sine die) suspense work in sitting, hours, days, weeks
Prorogation after adjournment (governor issues notification for prorogation of session. The prorogation terminate session of house)
Dissolution:
Legislative Council cannot be dissolved & it is permanent
Dissolution ends very life of existing house and a new house is constituted after the general elections are held
Bill pending in assembly lapses whether originating in assembly or transmitted to it by Council
Bill passed by assembly but pending in Council lapses
Bill pending in Council but not passed by assembly does not lapse
Bill passed by assembly in unicameral state or passed by both houses in bicameral state but pending assent of governor or president does not lapse
Bill passed by assembly in unicameral state or passed by both houses in bicameral state but returned by president for reconsideration of house does not lapse
Quorum:
Minimum number of members required to be present in house before it can transact any business
10 members or ⅒ of total number of members in house including presiding officer
If not presiding officer adjourns or suspends meeting of house
Voting in house:
Except speaker, deputy speaker, advocate general everybody votes present and sitting
Special majority for the removal of speaker, deputy speaker, chairman and deputy chairman
Speaker or chairman does not vote in the first instance but does cast vote in the case of equality of votes
Language in state legislature is the state language, Hindi and English
The speaker is allowed to address in his mother tongue
Rights of ministers and advocate general:
Both have the right to speak in Legislative Council, Legislative assembly or an any committee but the advocate general cannot vote
Difference between bills
Ordinary bills:
Bill can be issued in either House both by public or private members
3 readings (debate and voting)
Then to second house
If no second house then directly to the governor
Bill in second house has three readings (debate and voting)
Then the bill may be passed as sent by first house
It may be passed with amendments and returned to 1st house for reconsideration
It may reject bill altogether and it may not take any action and thus keep bill pending
If no action is taken by 2nd house till 3 months, the same bill is passed again. If not taken action again within 1 month then the bill is passed to the governor without a joint sitting.
Governor gives assent or returns or reserves it for president’s consideration in certain cases.
Money bills:
Can be introduced only in Legislative assembly (only by ministers, not by private member)
Only on recommendation of the governor
Can’t be rejected or amended by the Legislative Council
Return to the Legislative assembly within 14 days
Assembly can accept or reject any of the recommendations of the Legislative Council
State does not have the power of Constitutional amendment Bill
Governor can withhold bill or give his assent
But cannot return bill since the bill is introduced by his recommendation
Legislative assembly and legislative council
The Legislative Council is the sphere where Council is equal to assembly
The Legislative assembly is where the Council is unequal to assembly
Where Legislative Council is equal to Legislative assembly :
Introduction and passage of ordinary bills
In case of dis agreement between two houses, the will of the assembly previous over that of the Council
Approval of ordinance issued by the governor
Selection of ministers including CM
Including CM can be members of either House
Consideration of the reports of the constitutional bodies like, state finance commission, state PSC, CAG of India
Enlargement of jurisdiction of SPSC
Money bill can be introduced
Council can’t amend or reject a money bill within 14 days
Assembly can either accept or reject all or any recommendation of Council
Final power to decide whether a particular bill is money bill or not
Final power of passing an ordinary bill also lies with the assembly
Council can only discuss the budget but can’t vote on the demands of the grant
Council can’t remove Council of ministers by passing no confidence motion
Council can discuss and criticize the policies and activities of government
Council does not participate in the election of the President of India and representatives of the state in Rajya Sabha
Council has no effective say in the ratification of a Constitutional amendment Bill
Council can be abolished by the parliament on the recommendation of the assembly
The position of the Council vis-a-vis assembly is much weaker than the position of Rajya Sabha vis-a-vis Lok Sabha
Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters
Council is subordinate to the assembly in all respects
Rajyasabha and legislative council
Rajya Sabha is the second chamber
However, the constitution has given less importance to legislative council in comparison to Rajya Sabha
This is because the Rajya Sabha consists of the representatives of the states and reflects the federal element of the polity
It maintains federal equilibrium by protecting the interest of states against the undue interference of the centre
Issues of federal significance does not arise in the case of Council
The council is heterogeneously constituted, making its position weak and reducing its utility as an effective revising body
Rajyasabha is homogeneously constituted any represents only the states and consists of mainly elected members
Pattern of relationship between two houses of state legislature is adopted from the British model (House of Lords). It can delay an ordinary bill for maximum 1 year and a money bill for 1 month.
In Britain the house of Lords is the upper house and it cannot oppose and obstruct the house of commons or lower house
The Legislative Council checks whether the legislation is hasty, defective, careless and consider the legislation made by Legislative assembly by making provision for revision and though it facilitate representation of eminent professionals and experts who cannot face direct elections
Governor nominates ⅙ members of legislative council to provide representation to such people
Comparing legislative procedure with regards to ordinary bills
In Parliament:
Can be introduced in either House by a minister or a private member
Passes through 1st, 2nd, 3rd reading in the originating house
Passed by Parliament only when both the houses have agreed to it
Deadlock between two houses does not pass the bill within 6 months
Mechanism of joint setting is the only way to resolve the deadlock
Loksabha can’t override rajyasabha
If a joint sitting is not summoned by the president then the bill ends and becomes dead
In state legislature:
Can be introduced in either House by minister or a private member
Passes through 1st, 2nd, 3rd reading in the originating house
Passed by Parliament only when both the houses have agreed to it
Deadlock between two houses does not pass the bill within 3 months
No mechanism of joint sitting
Legislative assembly can override the Legislative Council if the Legislative Council does not pass the bill within 1 month
Originated in the Legislative Council, and sent to the Legislative assembly, is rejected by the latter. The bill ends and becomes dead.
Comparing Legislative procedure with regards to money bill
Parliament:
Can be introduced only in Lok Sabha Only on the recommendation of the president
Can’t be rejected or amended by Rajya Sabha
Returned to Lok Sabha within 14 days
Loksabha can either accept or reject all or any of the recommendations of the Rajya Sabha
The constitution does not provide for the resolution of any deadlock
State legislature:
Can be introduced only in Legislative assembly
Only on the recommendation of the governor
Can’t be rejected or amended by Legislative Council
Returned to Legislative assembly within 14 days
Legislative assembly can either accept or reject all or any of the recommendations of the Legislative Council
The constitution does not provide for the resolution of any deadlock
