State Legislature

State Legislature

  • Organs
    • Legislative
    • Executive 
    • Judiciary
 
Legislative Organ
  • Pre-eminent and central position in the Democratic Political System
  • Article 168 to 212 deals with State Legislature
 
Organisation of State Legislature
  • Consists of 3 parts
    • Governor
      • Integral part of State Legislature 
      • Not a member of either house
      • Doesn’t sit in State Legislature
      • He also summons and prorogues both the house, dissolve Assembly, address both houses
    • Legislative Council
      • Telangana, UP, Bihar, Maharastra, J&K, AP, Karnataka
      • Can be Created or Abolished 
        • By Parliament with simple majority after Legislative Assembly passes a resolution by special majority
      • Composition
        • Indirectly elected Council with total strength of 1/3rd of total assembly strength (min 40)
        • 1/3 : Members of local bodies 
        • 1/3 : Members of Legislative Assembly of state from amongst persons who are not members of Assembly
        • 1/12 : Graduates 
        • 1/12 : Teachers
        • 1/6 : By Governor with Special knowledge 
      • Duration 
        • Permanent body
        • 1/3rd retire every 2nd year
        • Seats filled up by fresh elections 
        • Not by secret ballot paper
        • Eligible for re-election
        • Duration of Rajya Sabha is not fixed and left to the Parliament 
        • In Representation of People Act 1951 gave term of 6 years
          • Act empowered President to govern the order of Retirement of members of Rajya Sabha
    • Legislative Assembly
      • Composition 
        • Total Strength : 500 (min 60)
        • Governor can nominate 1 Anglo Indian 
      • System of Election 
        • Direct election 
        • Territorial Constituencies 
          • Each state is divided such that the ratio between population and number of seats is the same throughout
      • Readjustment after each Census
        • After every census a readjustment is to be made in 
          • Allocation of seats in Legislative Assembly
          • Parliament is empowered to determine the Authority and Manner
          • Parliament enacted Delimitation Commission acts in 1952, 1962, 1972, 2002
          • To encourage Population limiting measures, 42nd CAA 1976 froze allocation of seats in LA till 2000
            • Extended another 25 years by 84th CAA in 2001 with 1991 census
          • Till 2025, the census of 2001 is taken given by 87th CAA, 2003
      • Duration
        • Temporary body with term of 5 years from date of 1st meeting
        • President can dissolve even before the completion of 5 years, can’t be challenged in a Court of Law
        • Can be extended during National emergency for 1 year at a time
 
Membership of Legislature Assembly
  • Qualification
      • Citizen of India
      • Oath or affirmation before the person authorised by the Election Commission
        • To bear true faith and allegiance to the Constitution 
        • To uphold the Sovereignty and Integrity of India
      • Minimum age
        • Council : 30 years
        • Assembly : 25 years
      • Must posses other qualification prescribed by Parliament
    • Additional Qualification in Representation of People’s Act, 1951
      • Must be registered as an electoral for the Assembly constituency : both LC and LA
      • Must be a resident in concerned state
      • Must be a member of SC or ST to contest for reserved seat, can also contest for non reserved seat
  • Disqualification
      • If he holds any office of Profit
      • Unsound mind and stands so declared by the court
      • Insolvent 
      • Not a citizen of India, acquired citizenship of another country 
      • Disqualified under any law made by the Parliament
    • By RPA, 1951
      • Must not found guilty on election offences or corrupt practices
      • Must not have been convicted for any offence
        • Imprisonment for 2 or more years
        • Prevention detention is not disqualification 
      • Must not have failed to lodge an account of his Election expenses within time
      • Must not have interest in Government contracts, works, etc
      • Must not be director or managing agent in corporation in which government has at least 25% share
      • Must not be dismissed from government service for corruption or disloyalty to State
      • Must not have been convicted for promoting enmity between different groups or for offence of Bribery
      • Must not have been punished for preaching Social crime
      • Governor decision is final, should obtain the opinion of Election Commission 
    • Disqualification on Ground of Defection 
      • 10th schedule (Anti-defection Law)
        • Voluntary gives up the membership of the Political Party
        • If he votes or abstains from voting in the house against his Political party
        • If any independent member joins Political Party
        • Nominated member after 6 months joins Political Party
      • Speaker in LA and Chairman in LC disqualifies 
      • Judicial review (1992)
 
Vacating of Seats
  • Double Membership
    • Person got elected in both the house
      • His one seat falls vacant as per law by State Legislature 
  • Disqualification 
  • Resignation
    • To Chairman of LC
    • To Speaker of LA
    • These may Accept or Reject
  • Absence 
    • Absent for more than 60 days without permission 
  • Other cases
    • Election is declared void by court
    • Expelled by the house
    • Elected to office of President or Vice President
    • Appointed to the office of Governor
 
Oath or Affirmation
  • Every member before taking his seat subscribe to an oath before Governor or person appointed by him
    • To bear true faith and allegiance to the Constitution 
    • To uphold the Sovereignty and Integrity of India
    • To faithfully discharge the duties of his house
  • Unless member takes oath
    • Can’t vote
    • Can’t participate in proceedings
    • No immunities and Privileges 
  • 500 fine for sitting in house per day if
    • Before taking an oath 
    • He knows that he is not qualified or disqualified member
    • He is prohibited from sitting and voting
 
Presiding Officers
  • Speaker of Legislative Assembly
    • Election
      • Elected by LA from amongst its members
        • He is not appointed by anyone
      • If office of Speaker falls vacant, elects new member
      • Date of election of Speaker is fixed by Governor 
        • Because he is integral part of State Legislature
    • Term
      • Remains in office during the life of LA
      • He has to vacate his seat earlier in the following cases
        • Ceases to be member of LA
        • Resigns by writing to Deputy Speaker 
        • Removed by a resolution 
    • Removal 
      • 14 days advanced notice has to be given
      • When the resolution is under consideration, he can’t preside at the sitting, though he may be present 
      • Can speak and take part in proceedings and can vote in 1st instance, not in case of equality 
      • If the resolution is passed by Effective Majority in LA, Speaker is removed
    • Whenever the LA is dissolved, Speaker doesn’t vacate her office till new LA meets
    • Powers and Duties
      • He maintains order and decorum in the house for conducting its business and regulating its proceedings.
        • This is his primary responsibility and he has final power in his regard
      • He is the final interpreter of the provisions of
        • Constitution of India 
        • The rules of Procedure and Conduct of Business of LA
        • The parliamentary precedents within the house
      • He adjourns the house or suspends the meeting in absence of a quorum. 
        • Quorum to constitute a meeting of the House is 1/10th of total strength of house
      • He doesn’t vote in 1st instance, but he can exercise a casting vote in case of a tie
      • He can allow a secret sitting of the house at the request of Leader of the House
        • When the house sits in secretion stranger can be present in the chamber, lobby or galleries except with the permission of Speaker
      • He decided if a bill is money bill or not and his decision on this is Final.
        • When a money bill is transmitted to the LC for recommendation and presented to the Governor for assent, the speaker endorses on the bill his certificate that it is a Money bill
      • He decides the questions of disqualification of a member of LA, arising on the ground of Defection under the provisions of the Tenth Schedule. 
        • In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to Judicial review 
      • He appoints the Chairman of all State Legislature committees of the LA and supervises their functioning
      • He is the Chairman of Business Advisory Committee, Rules Committee and General Purpose Committee
  • Deputy Speaker of Legislative Assembly
    • Election 
      • Elected by LA from amongst its members
        • He is not appointed by anyone
      • If office of Deputy Speaker falls vacant, elects new member
      • Date of election of Deputy Speaker is fixed by Speaker 
    • Term
      • Remains in office during the life of LA
      • He has to vacate his seat earlier in the following cases
        • Ceases to be member of LA
        • Resigns by writing to Speaker 
        • Removed by a resolution 
    • Removal 
      • 14 days advanced notice has to be given
      • When the resolution is under consideration, he can’t preside at the sitting, though he may be present 
      • Can speak and take part in proceedings and can vote in 1st instance, not in case of equality 
      • If the resolution is passed by Effective Majority in LA, Deputy Speaker is removed
  • Panel of Chairpersons of LA
    • Under the rules of LA, the Speaker nominates from amongst the members a panel of Chairpersons
    • Any of them can preside over the House in the absence of Speaker and Deputy Speaker
    • He has same powers as the Speaker when so presiding 
    • When a member of panel of Chairpersons is also not present, any other person as determined by House acts as Speaker
    • If Speaker and Deputy Speaker becomes vacant, then Governor appoints him till the new Speaker is elected
  • Chairman of Legislative Council
    • Election 
      • Elected by LC from amongst its members
        • He is not appointed by anyone
      • If office of Chairman falls vacant, elects new member
    • Term
      • Remains in office during the life of LC
      • He has to vacate his seat earlier in the following cases
        • Ceases to be member of LC
        • Resigns by writing to Deputy Chairman
        • Removed by a resolution 
    • Removal 
      • 14 days advanced notice has to be given
      • When the resolution is under consideration, he can’t preside at the sitting, though he may be present 
      • Can speak and take part in proceedings and can vote in 1st instance, not in case of equality 
      • If the resolution is passed by Effective Majority in LC, Chairman is removed
    • Powers
      • Same as Speaker except in case of Money bill
  • Deputy Chairman of Legislative Council
    • Election 
      • Elected by LC from amongst its members
        • He is not appointed by anyone
      • If office of Deputy Chairman falls vacant, elects new member
    • Term
      • Remains in office during the life of LC
      • He has to vacate his seat earlier in the following cases
        • Ceases to be member of LC
        • Resigns by writing to Chairman
        • Removed by a resolution 
    • Removal 
      • 14 days advanced notice has to be given
      • When the resolution is under consideration, he can’t preside at the sitting, though he may be present 
      • Can speak and take part in proceedings and can vote in 1st instance, not in case of equality 
      • If the resolution is passed by Effective Majority in LC, Deputy Chairman is removed
  • Panel of Vice Chairman
    • Appointed by Chairman of LC
    • Any of them can preside over the House in the absence of Chairman and Deputy Chairman 
    • He has same powers as the Chairman when so presiding 
    • When a member of panel of Chairpersons is also not present, any other person as determined by House acts as Chairman
    • If Chairman and Deputy Chairman becomes vacant, then Governor appoints him till the new Chairman is elected
 
Sessions of Parliament
  • Summoning 
    • Governor from time to time summons each House of Legislature to meet
    • Maximum gap between two sessions of Legislature can’t be more than 6 months
    • 3 sessions : Budget, Monsoon, Winter
      • Time between sessions is called ‘Recess’
  • Adjournment
      • Sitting of Legislature can be terminated by Adjournment or Adjournment sine die or Prorogation or Dissolution
    • Adjournment suspends the work in a sitting for specified time, which may be hours, days or weeks
      • 2 sittings : Morning (11 to 1), Post Lunch (2 to 6)
  • Adjournment sine die
    • Terminating a sitting of Legislature for an indefinite period
    • Without naming day for reassembly 
    • After completing the proceedings of session 
    • Done by Presiding officers of the House
    • He can also call a sitting before the time to which it has been adjourned ar any time after adjournment sine die
  • Prorogation 
    • Presiding officer declares house adjourned sine die, when the business of session is completed
    • Within next few days, Governor issues a notification for Prorogation of session
    • Governor can also prorogue the house while in session 
    • Pending business or Bills lapse on prorogation but not in adjournment 
  • Dissolution
    • LC don’t have dissolution whereas LA have dissolution 
    • Dissolution of LA
      • Automatic dissolution
        • On expiry of tenure of 5 years
        • Terms as extended by National Emergency
      • Whenever the Governor decides to dissolve the House, which he is authorised to do. 
        • Once it is dissolved it is irrevocable 
    • All business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees Lapse
    • The position with respect to Lapsing of bills 
      • Bill pending in LA lapses 
      • Bill passed by the LA but pending in LC lapses
      • Bill pending in LC but not passed by LA, doesn’t lapse
      • Bill passed by both houses but pending assent of Governor doesn’t lapse
      • Bill passed by both houses but returned by Governor for reconsideration of Houses doesn’t lapse
      • Bill not passed by the two houses due to disagreement and if the Governor has notified a joint sitting before dissolution, doesn’t lapse
  • Quorum
    • It is the 10 members or 1/10th of total number of members in each House including the Presiding officer 
    • If there is no quorum during a meeting of the House, it is the duty of the Presiding officer either to adjourn the House or to suspend the meeting until there is a quorum
  • Voting in House
    • All matters at any sitting of either house or joint sitting of both the Houses are decided by a majority of votes of the members present and voting
      • Few by Special Majority and Effective Majority
      • Excluding the Presiding officer
    • First by saying Ayes or Noes
    • If objected, again it is asked
    • If again objected, shall direct that the votes be recorded either by operating the automatic vote recorder or by using slips in the House or by members going into the lobbies
    • If in the opinion of Speaker, the division is unnecessarily claimed, he may ask to stand or rise hands of Ayes and Noes
  • Language in Legislature 
    • Constitution has declared Hindi and English to be languages for transacting business in Legislature
    • However, the Presiding officer can permit a member to address the House in his mother tongue
    • In both houses, arrangements are made for simultaneous translations
    • Though English was to be discontinued as a floor language after the expiration of 15 years from the commencement of Constitution
      • The Official Languages Act, 1963 allowed English to be continued with Hindi 
  • Rights of Ministers and Advocate General
    • They can participate in proceedings of either of house, but can’t vote
    • If a person is not minister can also take part in proceedings, but for 6 months 
 
Legislative Procedure 
  • Public/Government bills
    • By minister
    • It reflects of the policies of the government 
    • If has greater chance to be approved
    • Its rejection by the house amounts to the no confidence in the government and may lead to its resignation 
    • Its introduction in the House requires 7 days notice 
    • It is drafted by the concerned department in constitution with the Law department 
  • Private bills
    • By private member
    • It reflects the stand of opposition party
    • It has lesser chance to be approved 
    • Its rejection by the house has no implication on the Parliamentary confidence in the Government 
    • Its introduction in the House requires one month notice
    • Its drafting is the responsibility of the member concerned 
  • Bills introduced in Legislative Assembly are classified as
    • Ordinary bills
      • Which are concerned with any matter other than financial subjects
    • Money bills
      • Which are concerned with the financial matters like taxation
  • Ordinary bill
    • Introduced in any house
    • 1st reading 
      • Can be introduced in either House of Parliament
      • Either by a minister or by any other member
      • The member who wants to introduce the bill has to ask for the leave of the house
      • The mover of the bill introduces it by reading its title and objectives
      • No discussion on the bill takes place at this stage
      • Later, the bill is published in the Gazette of India
    • 2nd reading
      • Stage of General Discussion 
        • It may take the bill into consideration immediately 
        • It may refer the bill to a select committee of the House 
        • It may refer the bill to a joint committee of the two houses
        • It may circulate the bill to elicit public opinion 
      • Committee Stage 
      • Consideration Stage
        • Each clause is discussed and voted upon separately 
    • 3rd reading
      • The debate is confined to the acceptance or rejection of the bill as a whole
      • No amendments are allowed 
      • Therefore, the bill is authenticated by the Presiding officer of the house and transmitted to the second house for Consideration and Approval
    • Passed to second house
    • 3 readings are completed then
      • It may pass the bill as sent by the first house
        • Bill goes to assent of Governor
      • It may pass the bill with amendments and return it to the First house for reconsideration 
        • If first house accepts recommendations Bill goes to assent of Governor 
      • It may reject the bill altogether 
        • Deadlock situation (No joint sitting)
          • If LC holds the bill for 3 months, LA passes again
          • If again LC holds for 1 month, bill passes
      • It may not take any action and thus keep the bill pending (6 months)
        • Deadlock situation (No joint sitting)
          • If LC holds the bill for 3 months, LA passes again
          • If again LC holds for 1 month, bill passes
  • Money bill
    • Introduced
      • Only in LA
      • By minister only
      • On recommendation of Governor
    • After passed to LC
      • It can’t reject or amend a money bill
      • Can only make the recommendations 
      • Must return the bill to LC within 14 days with or without recommendations 
      • LA can either accept or reject all or any of the recommendations of the LC
    • Then goes to Governor
      • He may either give his assent to bill or withhold his assent 
      • But can’t return the bill for reconsideration of the Houses 
    • Speaker decides the bill is money bill or not
      • It can’t be challenged anywhere
      • Money bill requires certification of Speaker
 
  • Equal status 
    • Introduction and Passage of
      • Ordinary bills
  • Unequal status 
    • Ordinary bill
      • Can’t reject
    • Money bill
      • Only suggestion
      • Can’t reject
    • LC can’t remove Council of Ministers by no confidence motion
 
Legislature Privileges 
  • These are special rights, immunities and exceptions enjoyed by two Houses of Legislature, their committees and their members
  • These include the Advocate General of India and State Ministers 
  • Governor don’t enjoy the Privileges even though he is Integral Part 
  • Collective Privileges 
    • It can exclude strangers from its proceedings and hold secret sittings ro discuss some important matters
    • It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters 
    • It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment (also suspension or expulsion, in case of members)
    • It has the right to receive immediate information of the arrest detention, conviction, imprisonment and release of a member
  • Individual Privileges 
    • They can’t be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session
      • This privilege is available only in Civil cases and not in Criminal or Preventive detention cases
    • They have Freedom of speech in Parliament
      • No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees
      • This freedom is subject to the Provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament 
    • They are exempted from Jury service 
      • They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session
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